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Planning & Zoning cites law on Mayor's vote, wins reversal By Linda Waggener Mayor Pamela Hoots said that after Monday night's October 2019 City Council meeting, she received calls the next morning challenging her legal right to vote on the Planning and Zoning tie. She declined to say who the callers were but said she sent the information to the City Attorney for review and a final decision. The vote in question: Columbia City Council meeting - October Report The City Attorney reviewed all the information and read the law to mean the Mayor actually had not had the right to cast a vote in this particular instance and therefore the P&Z recommendation stands, meaning the lot in question can only be used as residential. The change of vote: City Attorney weighs in... Background: An existing city business bought a lot in the city with plans to relocate. A zoning change from residential to commercial would be needed. Planning & Zoning took up the issue and recommended to the City Council that the request be denied, referring to 'spot zoning'. At the September meeting the City Council received the P&Z letter of recommendation and also heard the business owner's request to respectfully disagree with P&Z and allow his business to locate on the lot across from, and surrounded by, several other businesses. City Council tabled the issue until additional communications could take place with P&Z. At the October meeting, no one spoke publicly on the side of denying a request for the business location, however, a letter from citizen James Douglas Beard was requested to be read aloud and was read by the City Attorney. Beard's letter outlined the negative results that could take place should the Council go against the P&Z recommendation. City Clerk Rhonda Loy clarified: A "yes" vote meant the P&Z recommendation would be accepted and the business could not locate on that lot; A "no" vote meant the P&Z recommendation would not be accepted and the business could locate on that lot. Before calling for the vote, the Mayor asked Council member Rogers if he wanted to recuse himself from this vote as he is married to a member of the P&Z board. He declined. The vote was a three-to-three tie with Council members Rogers, Parson and Dean voting to accept the P&Z recommendation to deny the zone change, meaning the business could not locate there. Council members Harris, Payne and Waggener voted not to accept the P&Z recommendation, meaning the business could locate on the lot. With a tie vote, Mayor Hoots, believing the role of Mayor meant she should add her vote to break the tie, cast her vote on the side of changing the zoning, allowing the business to locate on the lot. The October meeting ended with the business owner, family and supporters thinking they would be able to relocate from Jamestown Street to Burkesville Street. All the media reported the meeting that way. That is now reversed with the Mayor's release of the City Attorney's statement October 10, 2019. This story was posted on 2019-10-11 00:33:26
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Second food truck event fundraiser scheduled by City General Fund and Road Fund Receipts for September 2019 Letter: P&Z/City Council Vote Candy Trail at Summit Manor, Thu 31 Oct 2019 KOHS: Operation Crash Reduction runs October 11-14 Election School Training is Tue 22 Oct 2019 City Attorney weighs in on P&Z tie vote Mostly sunny, high 80F, chance of rain tomorrow 7-County Area Courts for Thu 10 Oct 2019 Columbia City Council meeting - October Report View even more articles in topic News |
 
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