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Planning commission pulls Hunter Lane propane-tank item after legal questions; vote 3-2
Summary
Commissioners voted to remove an agenda item involving above-ground propane tanks at Hunter Lane from Tuesday's hearing after staff said the city attorney raised code conflicts; a county attorney and a commissioner who is an attorney disputed the interpretation during public comment.
The Ione Planning Commission voted 3-2 on Tuesday to remove from the agenda an item concerning Hunter Lane and above-ground propane tanks after staff said the city attorney had identified potential conflicts in the municipal code.
Chair Amber Hoiska explained the H2 item was being pulled for "additional evaluation due to some legal issues that came up subsequent to preparation of the staff reports" and that when the item returns it will be renoticed in accordance with the municipal code.
At the meeting vice chair Mark Gebhardt (who identified himself as an attorney during public comment) urged the commission not to assume above-ground tanks were illegal in Ione. "The apparent idea that above ground tanks are illegal in Ione is simply wrong," he said, arguing that the state fire code language adopted into local code establishes where restrictions apply rather than imposing a blanket ban.
Staff and the chair said the city attorney needs to research an apparent conflict between the municipal code and state regulations before the commission takes public testimony or action. Commissioners discussed three procedural options: (1) leave the item and hear public comment then continue the hearing, (2) pull the item from the agenda entirely and reschedule for a later meeting, or (3) open public comment but not take action until the city attorney's analysis was complete. The commission ultimately chose to pull the item entirely after a roll-call vote.
Commissioners clarified that once an item is removed from the agenda, members of the public may still speak during the meeting's general public-comment period on matters not on the agenda. Chair Hoiska said the item will return at the next available meeting after the city attorney completes the legal review and staff completes any required re-noticing.
The vote to remove H2 was recorded as 3 in favor, 2 opposed. The commission did not take action on the substance of the Hunter Lane proposal while the legal review is pending.
