The Canby City Council addressed the issue of voter-approved Measure 7 last week, discussing its potential effects and passing an ordinance on first reading that would provide procedures for property owners to make claims regarding lost value due to local government regulation.

The council decided to act Nov. 29 so that a process for making claims would be in place before Measure 7 takes effect Thursday.

The council, which voted 5-0, will vote on the ordinance for a second time at tonight's meeting.

Measure 7 requires state and local governments to compensate land owners when regulations reduce the value of their property.

The measure provides that a land owner, in order to receive compensation, must apply for compensation to the government whose regulation allegedly has caused a reduction in the fair market value of property.

The governmental entity has 90 days from the date the application was made to deny or pay the claim, or to take action to remove the property from the application of the regulation.

Ordinance 1063 would amend Title 1 of the Canby Municipal Code by adding a new chapter, adopting a procedure for processing claims made pursuant to Article 1, Section 18 of the Oregon Constitution, and declaring an emergency.

Canby's ordinance calls for a $750 application fee to reimburse the city for the costs of processing an application, and land owners must meet five requirements.

According to the ordinance, City Administrator Mark Adcock shall review the application, and determine its completedness within 15 days of the receipt of an application. If deemed incomplete, an applicant will be informed and will have 180 days from the original submittal date to complete the application.

Upon receipt of a complete application, a public hearing shall be scheduled before the City Council. Notice of such a hearing will be mailed to all property owners and residents of property within 500 feet of the subject property at least seven days before the hearing. The city will make available a staff report on the issue at least seven days before the hearing.

"After a public hearing, the City Council shall make a determination as to whether the applicant is or will be entitled to compensation under Measure 7, unless the city grants a waiver from regulation.

''If so, the council shall weigh the public benefits from application of the regulation to the subject property against the public burden of paying required compensation if a partial or full is not granted.

''(The council) shall make a decision as to whether compensation shall be paid and in what amount, and/or whether one or more specific regulations are to be waived or modified for a specific property or properties in order to reduce or eliminate any required compensation. The City Council is hereby authorized to waive or modify any city regulation to meet the requirements of this section (1.20.070).

''To deny a claim for waiver or compensation under Measure 7, the City Council must make one or more of the following findings:

the regulation does not restrict the use of the private real property;

the fair market value of the property is not reduced by the passage or enforcement of the regulation;

the claim was not timely filed; the claimant is not the current owner, or was not the property owner at the time the regulation was adopted, first enforced, or applied; the regulation is an exempt regulation;

the regulation is required by federal law, and is the minimum required to comply with federal law;

the city is not responsible for payment if the challenged regulation was not enacted by the city, or if the challenged regulation was required by a state or federal statute or regulation;

the city has not taken final action to enforce or apply the regulation; the claimant is not legally entitled to compensation under Measure 7 for a reason other than those listed in (1.20.070) subsections 1 through 8, and the basis for the finding must be clearly explained.

''The City Council's decision shall be by a written order that shall include the findings and conclusions upon which the council has made its decision and, if applicable, the extent of the waiver granted and/or the amount of the compensation to be paid."

In the event the subject regulation is required under state or federal statutes or regulations, thereby preempting city authority, the city may not waive or modify the application of the regulation.

The council may establish any relevant conditions of approval for compensation, should compensation be granted. The failure of an applicant, or an applicant's successor in interest, to fully comply with all conditions of approval of the application is grounds for revocation of the approval, and for recovering any compensation previously paid on the claim.

The ordinance includes two provisions regarding future court decisions. "A.

If the City Council grants a waiver or partial waiver as a means to avoid having to compensate, or as a means to limit compensation to, or to avoid potential litigation with an owner or owners under Measure 7, and if, based on an appellate court interpretation or invalidation or Measure 7, in the same or another case, the applying owner was not entitled to compensation, then the waiver or partial waiver shall be deemed to have been invalid and ineffective as of and after the City Council's order.

Any such invalidity and ineffectiveness shall be limited as necessary to avoid the city being required to compensate the owner under Measure 7.

''B. Any city payment of compensation under this chapter (1.20.090) shall be conditional on the owner signing an agreement that, if an appellate court interprets or invalidates Measure 7, in the same or another case, in a manner such that the applying owner was not entitled to compensation in relation to the subject regulation, then the owner will repay the compensation received by the owner to the city.

''If a claim for compensation under Measure 7 and Ordinance 1063 is denied, or not fully paid within 90 days of the date of filing, an applicant's reasonable attorney fees and expenses necessary to collect the compensation will be added as additional compensation provided compensation is awarded to the applicant."

The ordinance further states: "Compensation can only be paid based upon availability and appropriation of funds for this purpose."

Legal challenges have already been made against the Measure 7, one of the first being filed in Marion County last week, and the Legislature is expected to address the intent and scope of the measure when it convenes in January.

Ordinances similar to Canby's are being considered in Gladstone, Estacada, Milwaukie and by Clackamas County, among other tri-county jurisdictions, and many use a framework provided by the Oregon League of Cities, which may file a lawsuit intended to stop Measure 7 from taking effect.

"What we're trying to do is have an ordinance on the books so there's a process to go through," said Mayor Scott Taylor, adding that the process could be amended or revised by future councils.

City Attorney John Kelley said, if claims are made by property owners, the city will have to weigh the cost of potential litigation versus the cost of making a settlement.

Property owner Earl Walker asked how far back a claim can be made against a government regulation.

"If it's on the books now, it's a regulation that is subject to Measure 7," said Kelley, adding cities and counties do not know how the measure will be applied.

Added Councilor Terry Prince: "I'm hoping we'll get further direction from the attorney general's office."

Two Canby High School students with dreams of stethoscopes and scalpels have been nominated to attend the 2001 National Youth Leadership Forum on Medicine in Boston.

The NYLF selected sophomore Robert Street and junior Hunter Benedict - along with 350 other students from around the nation - to attend the summer forum based on their academic excellence, leadership potential, and intent to pursue a career in medicine.

"I think (the forum) will give us more insight into what's available to us" in the field of medicine, said Street, 16.

CHS counselor Sharon Schneider informed students of the opportunity to apply for the forum back in mid-October. Students from Canby who have attended previous forums on medicine have had only positive things to say about everything they learned, she said.

"Students have said that the forum is a very valuable experience," she said. Street and Benedict have lofty aspirations to attend esteemed colleges, such as Whitman or Stanford, and both have long been interested in medicine.

Street, a member of the Canby Gators Swim Club for five years, a swimming instructor and a lifeguard, hopes to get into pediatrics or sports medicine so he can "stay close to sports," he said.

Benedict's specific interest in orthopedics stems from an even more personal connection -- "I've broken a lot of bones," he said.

In addition to advanced science classes at school, the CHS students both have long lists of activities that helped them to qualify for the nomination.

Benedict, 17, a Canby native, is on the snowboard, soccer, and baseball teams. He is involved with the Key Club and National Honor Society, and he volunteers at the St. Vincent DePaul Society.

Street, who moved to Canby when he was in eighth grade, is on the swim team, he volunteers at Willamette Falls Hospital and tutors two Eccles Elementary students, and also participates in Key Club and Leadership Canby.

"We're both good students . . . and have strong interests in pursuing our goals," Street said. "We work hard."

The forum, first held in 1993, takes place each summer in cities across the nation. The students chose June and July forums in Boston as their first and second choices from a list of cities that included Los Angeles, Houston, Chicago, Philadelphia, and Washington, D.C. Neither of them has been to Boston before.

"Boston just has a pretty cool history, and we might even get to see New York City while we're out there," Street said.

The 10-day forum provides medically-minded students with the opportunity to examine state-of-the-art diagnostic tools and future medical specialties.

Attendees also get the chance to study with some of the country's most renowned medical researchers and practitioners at the nation's most technologically advanced medical institutions. At last year's forum in Houston, students witnessed open-heart surgery, made daily rounds with physicians at hospitals, and spoke one-on-one with AIDS patients.

"The forum will be pretty intense and stressful," Street said. "In the end, though, we'll learn a lot."

As in all matters academic, there is a hefty price tag attached to their trip to Boston.

The forum itself, including room and board, instruction, tuition, materials and activities, costs more than $1,800 per student. The funds are due by Jan. 5, 2001. In addition, students must pay their own airfare.

"We'll probably be earning money all summer to pay for this," said Benedict, who has a part-time job at Cutsforth's Thriftway.

To help ease their financial burdens, the boys have applied for NYLF scholarships, petitioned the CHS Booster Club and sent letters to local businesses asking for assistance. They also hope that the community will lend a hand to help them further their medical aspirations.

"Following this path will help us that much more in reaching our goals," Benedict said of attending the forum.

To make a donation to help the boys attend the forum in Boston, call Hunter Benedict at 503-263-6474 or Robert Street at 503-266-2264.