New state legislation on public participation spurs new ordinance

Published: Wednesday, August 28, 2013 at 06:25 PM.

Miller said the council is involved in too many quasi-judicial hearings. Approving many projects brought before it shouldn't be the council's responsibility, Miller said.

By becoming enmeshed in considering projects already approved by various city boards, the council risks legal challenges if it disapproves a project that has met the city's requirements for approval.

Recently, for example, a city councilman voted against a project that had met the city's code requirements simply because he disapproved of its aesthetics.

"In property rights issues, we ought to have as much freedom as reasonable, and even some unreasonable," Miller said.

At its regular meeting of the evening, the council voted unanimously to repeal policies 93-3 and 09-01, which was also found to conflict with the new legislation.

Miller said he will have a new policy to present to the council at its Sept. 9 meeting.

"We will always do what we've always done and that is encourage and invite public participations in our meetings," Council President Robyn Helt said.

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