Council backtracks on new Planning Commission

<p>Three planning commissioners who sued the City Council have their seats back, at least temporarily.</p><!-- Nothing to do. The paragraph has already been output --><p>Following a closed-session meeting on Monday night and a special council meeting Tuesday, a decision to appoint members to a reconstituted Planning Commission is on hold until the old commission weighs in on zoning changes prompted by the merger of two city boards into one.</p><p>The council on Tuesday reversed its previous decision not to have the Planning Commission review those code changes before enacting them, a move that critics said went against city policy.</p><p>The referral back to the Planning Commission will “address any alleged deficiencies” in the council’s decision to consolidate the two boards, City Attorney Eric Danly said.</p><p>The decision comes on the heels of an Aug. 3 lawsuit against the city by three commissioners, which prompted the city to cancel the new commission’s first meeting, scheduled for this past Tuesday.</p><p>Although the procedural changes to two city planning codes will now be reviewed by the prior commission, the commissioners’ lawsuit also challenges their non-appointment to the new body — saying five council votes are required to remove them from their terms.</p><p>The city contends that the commissioners were not fired or removed, but that a new commission was created and that the council has the right to appoint members to that commission. Of the six members the council named to the new body at its July 6 meeting, only one received more than four votes.</p><p>The lawsuit by commissioners Spence F. Burton, Kathleen Miller and Jack Rittenhouse did not challenge the council’s June decision to combine the duties of the Planning Commission and design-review board, SPARC, into one body.</p><p>That decision stands, but on the city attorney’s recommendation the council will not seat its new appointees to that commission, instead asking the old commissioners to continue meeting for the time being. The next commission meeting is Aug. 25.</p><p>On Sept. 8, the commission will meet again to review the changes to the city’s zoning code and SmartCode — changes that don’t affect the provisions of those documents, but remove references to SPARC and insert the Planning Commission as the body charged with reviewing design issues.</p><p>Once that review is completed, it will take at least six weeks for the council to re-adopt the amended codes, and for the changes to take effect.</p><p>At that time, the council could seat its choices for the new commission, although the plaintiffs in the lawsuit would likely continue their case if they are not appointed. Burton, Miller and Rittenhouse were in the middle of their terms when the council dissolved the commission, and they unsuccessfully sought seats on the new body.</p><p>Unlike previous council meetings on the merger of the two boards, when debate about the motives and the purpose of the decision sometimes became heated, little was said during Tuesday’s 30-minute session.</p><p>Councilmember David Rabbitt, who had argued against the merger of SPARC and the Planning Commission, said the council should have referred its desired changes to the commission back in June to avoid legal questions.</p><p>“This is a learning experience to be had by all, including staff, and the council as well,” he said.</p><p>Before the meeting, Mayor Pamela Torliatt said sending the code changes to the prior Planning Commission is “just a referral item” and not an admission of a legal error on the city’s part.</p><p>“We’re trying to be as clear as possible about the actions that have been taken,” she said.</p><p>The upcoming commission meetings are expected to include Burton, Miller and Rittenhouse, as well as Christopher Arras, who was also unanimously named to the new commission.</p><p>Vice Mayor Teresa Barrett will continue as the council’s liaison, and two commissioners whose terms expired at the end of June — Will Dargie and Tanya Sullivan — will be asked to continue serving until their seats are filled.</p><p>(Contact Corey Young at corey.young@arguscourier.com)</p>