The special meeting was called to order by Mayor Young at 7:00 p.m. Mayor Young led the flag salute.

COUNCIL MEMBERS PRESENT:

Mayor Cheryl A. Young

Councilor Bob Schmor

Councilor Bill Guy

Councilor Gary Hudson

COUNCIL MEMBERS ABSENT:

Councilor Bridgett Harkins

ALSO PRESENT:

Leahnette Rivers, City Administrator/Recorder

ATTORNEY PRESENT:

None

A quorum was present and due notice had been published.

2.1 Council Bill No. 00-188; Ordinance No. 00-565-O: An Ordinance establishing a procedure for submitting notice of claims for reduction in market value arising under the provisions of Section 18, Article 1 of the Oregon Constitution, as amended by Ballot Measure No. 7 adopted November 7, 2000; declaring an emergency.

Patricia Zimmerman of Scappoose, President of the Columbia County Citizens for Orderly Growth (CCCOG), presented the City Council with a letter dated December 6, 2000, and asked that it be accepted as official testimony relating to Council Bill No. 00-188. In the letter, Ms. Zimmerman explained that CCCOG is extremely concerned about the possible effects of Measure 7 on the county's quality of life, finances, environment and ability to enforce health, safety, building/sanitation, land use and many other ordinances. However, she said they are concerned about waiver provisions (Section 15, Release of Property from Regulation) for the same reasons that are expressed in the letter from Robert Liberty, Executive Director of 1000 Friends or Oregon, dated December 5, 2000. Further, they asked to be notified of all meetings relating to Measure 7. The Mayor and City Council accepted the letter as official testimony.

The Council accepted the letter from Robert Liberty, Executive Director of 1000 Friends of Oregon, dated December 5, 2000 as official testimony relating to Council Bill No. 00-188. In the letter, Mr. Liberty explained that 1000 Friends is painfully aware of the significant challenges Measure 7 creates for all local governing bodies, and they strongly support the adoption of ordinances which establish procedure requirements for the submission of a claim under Measure 7. However, Mr. Liberty said they are concerned about waiver provisions, and they will appeal any ordinances that purport to waive, or could be construed as waiving, state land use laws, goals or rules, directly or indirectly.

The Council accepted the letter from Richard P. Benner, Director of the Department of Land Conservation and Development, as expressed in his letter dated December 1, 2000, as official testimony. In the letter Mr. Benner noted that Measure 7 did not repeal land use or environmental laws, rules, or local plans, and Measure 7 implementation ordinances that provide waiver may violate state land use laws.

Councilor Schmor asked what liability the individual Council Members have in matters of this nature. Leahnette Rivers said she was not sure, but she thought all Council Members were covered by the City's liability insurance when acting in their official capacity as a Council Member. She said she would contact the City's insurance agent to confirm an answer. She said the City Attorney has reviewed the proposed Council Bill and is recommending adoption.

Councilor Schmor noted that Section 17 indicates that claims will be paid from funds appropriated for that purpose. He questioned where the funds would come from to pay claims. Leahnette Rivers said she was not sure where the funds would come from at this point.

Council Hudson said there is so much uncertainty about this new process. He said this is a Constitutional amendment. He said there will be some very difficult choices to compensation issues.

The Council discussed Measure 7 issues at length. Mayor Young said the waiver clause may provide the City with it's only option if funding is not available.

Councilor Schmor said the waiver clause is essential, and there does not appear to be any other alternative for a town like Columbia City to be able to deal with this.

Pat Zimmerman noted that this afternoon a Marion County Judge granted an injunction which temporarily stops the measure from taking effect until the Judge rules on its constitutionality. She said with the injunction in place, the City can legally refuse to accept claims. She suggested the City Council consider doing nothing at this time.

Mayor Young said our City Attorney has advised us to proceed with the adoption of the Ordinance.

Leahnette Rivers said that was his advice prior to the injunction being granted. She said the Attorney was not available today. She said she did not believe there would be any harm in the City Council not taking any action at this time. However, she said she did not see any harm in adopting the ordinance at this time, either.

Councilor Schmor said he did not see any harm in moving forward with the Ordinance at this time. Councilors Hudson and Guy agreed.

Leahnette Rivers asked the Council to make the following correction to Council Bill No. 00-188 (corrections shown in bold italic):

Section 5, Item a, amend the fifth sentence to read as follows: "The applicant shall have 30 days from the date of initial submission or 30 days from notice of an incomplete submission, whichever last occurs, to complete the application."

Pat Zimmerman noted that one of the risks with passing the Ordinance at this time is that it would leave the City open to law suits, regardless of whether or not any claims are filed, because it contains a waiver clause. She said it is the opinion of several groups and lawyers that the waiver clause is illegal.

The Council continued to discuss the issues at length.

Mayor Young asked that the following corrections be made to Council Bill No. 00-188 (corrections shown in bold italic):

Section 2, first sentence, amend the sentence to read as follows: "The purpose of this Reduction in Market Value Claims Ordinance is to enable persons with legitimate claims for compensation because of a regulation....."

Section 3, "Exempt Regulation" definition, Item a, amend the sentence to read as follows: "A regulation which imposes a regulation....."

Section 4, Item d, amend the sentence to read as follows: "Identification of the private property which is the subject of the application."

Section 4, Item m, amend the second sentence to read as follows: "The City shall refund all application fees if the City or a court determines that the applicant is entitled to compensation....."

Council Bill No. 00-188 was read twice by title only.

MOVED (HUDSON), SECONDED (SCHMOR) AND CARRIED UNANIMOUSLY THAT AN EMERGENCY BE DECLARED.

MOVED (GUY), SECONDED (SCHMOR) AND CARRIED UNANIMOUSLY TO ADOPT COUNCIL BILL NO. 00-188 WITH THE CORRECTIONS NOTED, WITH THE EMERGENCY CLAUSE.

There being no further business to come before the Council the meeting adjourned at 7:43 p.m.

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