Being advised on appearance

Cheney’s City Council received a little issue education at their March 28 meeting, courtesy of city attorney Stanley Schwartz.

Schwartz counseled council members on the “appearance of fairness doctrine,” in part to prepare them to conduct a hearing on a proposed rezone change for the Parkside Commons apartment complex. The owners of the land the proposed complex would occupy, Eastmark Corporation, want to change the zoning on the land bordered by North Eighth, Erie, Cedar and Oak streets from its current R-3 multifamily zoning to R-3H, multifamily high-density.

The change would boost the apartment unit density per acre, enabling Eastmark to build a 115-unit complex instead of the allowable by code 76 units. After an extensive public review and comment process, Cheney’s Planning Commission deadlocked 3-3 on March 23 on a decision approving the request.

“Because of the deadlock, the City Council will have the ultimate decision, yea or nay (on the request),” Schwartz said.

While the appearance of fairness doctrine sounds pretty straightforward, Schwartz provided additional clarity. Council members are allowed to review the request files, including public testimony and even visit the site, but should not engage in any prejudgment.

Schwartz said their decision must be based solely upon the record from the commission’s public hearing, which will include public testimony, applicant information, staff reports and other correspondence. No citizen comments or evidence will be taken during the council’s deliberations, unless it involves “extraordinary evidence” that “could not have been discovered before.”

“This is not a do over,” Schwartz said. “This is based upon evidence developed in the hearing.”

Schwartz said the council is to refrain from any “ex-party contacts.” Council members are not to discuss the issue with anyone, including the applicant and residents potentially affected by the rezone.

Schwartz also told the council that part of the state’s open public meetings act allows them to go into a closed-door session to discuss the application if they feel it necessary. Such a move would only be allowed for discussion, with all actions taking place in open session.

The council is currently set to hear the Parkside Commons rezone request at its April 11 meeting.

In action items at its March 28 meeting, the council unanimously approved a $34,336 change order to the Well 5 rehabilitation project. An original $43,842 contract with Specialty Pump was approved at the council’s Jan. 10 meeting, but after pulling the pump apparatus, Public Works Director Todd Ableman said it was determined replacement rather than repair would be needed.

“We just have worn out components that are not repairable by any means,” he said.

Ableman said the last time the pump portion of the well had been replaced was 2002.

Council also approved a $793 change order to a contract with Inland Potable Services for inspection of the city’s four water reservoirs that would allow inspection and cleaning of a fifth — Reservoir 0, Cheney’s oldest reservoir located on North Tenth Street. Council also approved extensions of the Betz Road and Washington Street preservation projects completed last summer to allow more time for the completion of final contract documents by the city’s consultant.

John McCallum can be reached at [email protected].