[Vision2020] Daily News: Big-box petition refused by council

[Area Man (Dan C)]

Gotta follow the rules:  No ex-parte communications:
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Big-box petition refused by council; Attorney for Moscow says the
561-signature document must wait for proper procedure

By Omie Drawhorn, Daily News staff writer

Mark Solomon just wants the City Council to hear his voice - along with
those of 560 other Moscow residents. 

His efforts hit a brick wall at Tuesday night's City Council meeting
after Randy Fife, city attorney, advised Mayor Nancy Chaney that the
council couldn't look at the petition. Fife said the issue is a
quasi-judicial matter, plus the council cannot hear testimony for items
pending before the city.
 
The previous City Council amended the city's comprehensive plan last
summer to allow big-box retail on the east end of town. Solomon is
circulating a petition around town contending that the changes made to
the comprehensive plan contradict the stated goals of the plan. 

The petition states the revised plan interferes with the objective to
maintain the downtown as the central business district, promotes urban
sprawl and the needless destruction of agricultural lands. It also
contends the changes will have general negative effects on the city and
create traffic problems. The petition also says the comprehensive plan
allows for amendments to be made as per public request. 

"We respectfully request the new council open this issue to a full
community discussion by accepting our petition and holding full public
hearings on this matter," the petition states. "Additionally, we request
that any proceedings for rezoning this property be stayed until this
underlying question is resolved." 

But Fife maintained the petition could not be presented in front of the
council. 

"There are rules that regulate information that comes in," he said. "In
my opinion, when an applicant files an application with the city, after
they pay the fee and the application is substantially complete, the law
on the date the application is filed is what applies to (their
application)," Fife said. 

He said Wal-Mart has submitted three different applications for zone
changing, preliminary plat and conditional-use permits under the amended
comprehensive plan. 

Those signing the petition say they want to change the existing land-use
designation from extensive commercial to low-density residential for the
eastern two-thirds of the property and to light industrial for the
western third adjacent to the Alturas Technology Park. 

Fife said each of the applications will bring a public hearing, and the
city will hear testimony then. 

Solomon could present his petition during that time, he added. 

"It's inappropriate for a group to get information outside the hearing
process," Fife said. 

Solomon argued that the Wal-Mart issue is not considered pending until a
public hearing has been scheduled, and at this point a public hearing is
only anticipated. 

Chaney agreed with Fife. 

"It's inappropriate to discuss it," she said. 

Councilman Aaron Ament disagreed. 

"If 800 citizens could cause us to have a special election, 560 citizens
have a right to be heard," he said. 

Chaney said that in order to maintain fairness and order, the council
couldn't look at the petition. 

"When the council receives an application, when does it receive
consideration?" Solomon asked. "When is it appropriate to hear petitions
from the city and when is it not?" he said. "It's just flat-out wrong to
adhere to the requirements and ignore the issues." 

Fife said Solomon has two options. 

"He could file an application with the city to change the comprehensive
plan or he could file a petition as an application and it would be
considered," he said. 

Solomon said he plans to discuss the matter further on Jan. 26 at 7 p.m.
at the 1912 Center, Third St. in Moscow following a movie about Wal-Mart
and discussion of strategies to keep a super center out of town. 
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Even if it's Wal-Mart, we gotta be fair or we'll be paying big dinero
for legal fees.  And they can afford more lawyers than the City of
Moscow.

DC