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Council considers reinstating P&Z member, residency requirement and options ahead of referendum
Summary
Council members discussed claims that a Planning & Zoning seat was vacated, legal advice that no residency requirement exists in the municipal code, the permissibility of remote participation, and options including reinstating Kay Van Buren or repealing an ordinance ahead of a referendum that could appear on this year's ballot if requirements are met.
Council Member Chris Anderson told colleagues on April 22 that statements circulating in the community about Planning & Zoning member Kay Van Buren needed clarification. Anderson said Van Buren claims the council "improperly removed him from the commission," but Anderson reported the council had been advised the seat was vacant because Van Buren had vacated it. Anderson and Mayor Paul Penrod said they consulted legal counsel Brent Bateman, who told the council the municipal code does not require Planning & Zoning members to be full-time residents and that remote participation by commission members is permissible when necessary.
Anderson said reinstating Van Buren is an available option given the city currently has a vacancy and that, if reinstated, Van Buren appeared to have about two to two-and-a-half years remaining on his original term. Anderson framed another option as repealing the most recent ordinance now, then introducing a new ordinance (either returning to previous standards or creating a new approach) so petitioners would effectively get the outcome they seek earlier than waiting for the referendum.
Ruth Ann McCain, the city recorder, explained state law ordinarily requires a referendum to go to the next municipal election (2027) but said the county and the state informed the city the referendum could instead be placed on this year's general election ballot if all requirements are met; the city amended the date accordingly so the referendum could appear this November if deadlines and requirements are satisfied.
Council Member James Baker and others urged that Planning & Zoning be the forum for community input and a public hearing and recommendation from Planning & Zoning should precede council action on land-use ordinances. Baker also raised design concerns for other agenda items (park equipment color and durability) that he said should reflect the National Historic District. The council discussed buildable lot size options, preserving open space and heritage, and avoiding perceived conflicts of interest if council members own affected properties.
No formal motion was made April 22; council members asked staff and legal counsel to research options and the implications of repeal versus allowing a referendum to proceed on the election schedule.
