CANNON BEACH - The city of Cannon Beach should continue exactly as before on Measure 37 claims, City Attorney Bill Canessa advised the City Council Tuesday night.
Measure 37, which allows anyone whose property value was harmed by laws passed after they or a member of their family purchased the property to seek compensation or a waiver of the laws, is being challenged in the courts.
However, Canessa reminded the council that claimants can file expensive compensation lawsuits if the limit of 180 days expires with no action taken. He said the council should proceed as before, but include a disclaimer in information given to claimants that future court action may overturn any city decision.
"All of the risk is going to be on the applicant," Canessa said. "That's what all of the other jurisdictions are doing."
The council agreed 4-0 to accept the extension of David Holland to May 15. He is Cannon Beach's only current Measure 37 claimant. Holland offered the extension to give the city time to create a development agreement for the claim.
Councilor John Williams noted the death of Bob Teagle regretfully, noting that Teagle volunteered extensively in the community.
Councilor Carmen Swigart reported the Oregon Department of Transportation has promised to try to improve the striping and the reflectors on the road at the U.S. Highway 101 and U.S. Highway 26 junction. Swigart said she has been advocating for the improvements for three years. Although they would not take place until 2007 or 2008, she feels she has won a victory for the community.
Appointed Donald Kessler to the Planning Commission, Mark Piscitelli and Nora Curtis to the Public Works Committee, Bev Graver to the Parks and Community Services Committee and Diane Amos and Daryl Johnson to the Design Review Board. The third position on the Design Review Board was not filled because of a tie vote. The issue will come up again at the December meeting. The Parks and Community Services Committee and the Budget Committee still have vacancies. Applications are available at City Hall at 163 E. Gower St.
Unanimously passed parks rules forbidding damage to plants; construction of fires outside the barbecue areas; operation of a public address system without permission; construction of temporary structures or lighting, including canopies; disruptive conduct; driving of unpermitted cars into parks; or allowing of horses into the park except for established horse paths and parking lots. Park users are also required to stay out of any area that has been closed off.
Unanimously approved a boundary line agreement that resolves the location of the property line and right of way at 1800 S. Hemlock St.