I am wondering what Bob Harding is saying right now? You guys railed about this kind of thing in 2001 and now your little Jeffy is repeating history.
3-12-2001
February 2001 Newsletter
R-4 Zoning Ordinance REPEALED!!
At the Pickerington City Council Meeting Tuesday Night, March 6, 2001 Council Ordinance #2001-27 was passed. Ordinance #2001-27 was placed on their agenda without any prior notice or publication. This ordinance repealed Ordinance #2000-137, which specified that all land annexed to the City in the future, would be annexed at R-4 (Residential up to 4 units per acre). The initial ordinance (2000-137) was passed in December of last year and was the subject of a successful referendum petition just after the first of this year. The Referendum was scheduled to be on the ballot this November for a citywide citizenry vote either in favor of, or against automatic R-4 zoning. While the membership of PATA is pleased that this ordinance was repealed by City Council, thus ending the automatic R-4 zoning, we are feeling cautious about this victory. The concern is that City Council may come back very soon with ?“Emergency Legislation?” that again automatically brings new land to the city as Residential Property with up to 4 homes per acre. ?“Emergency Legislation?” is dramatically overused by the City Council. By invoking this ?“Suspended Rules?” tactic, the Council can read and pass legislation without the typical three readings (at three consecutive meetings) and with limited public comment. Other Ohio cities have used this tactic to overcome citizen involvement toward zoning concerns. The most noted of these is the City of London?’s decision that brought about a 5-2 vote in the Ohio Supreme Court backing that municipality?’s use of Emergency Legislation to avoid the referendum process. Quoting the comments of Judge Stratton Lundberg,
?“ I disagree with the majority?’s conclusion that property may be annexed through ?“emergency?” legislation not subject to a referendum. I believe that allowing such a process deprives Ohio citizens of their right to a referendum provided under Section If, Article II of the Ohio Constitution. It is difficult for me to imagine a more deliberate attempt to thwart a constitutional right. I fear that the majority?’s approval of this procedure will provide a road map to each municipality in the future to avoid referendums when they have been filed, as we set forth no guidelines or exceptions for allowing such circumvention, but rather grant wholesale approval to the emergency process.?”
So, this type of legislation is also not subject to repeal by public referendum. In other words, the Council and Mayor Hughes can do what they want without suffering recourse simply by suspending the rules and passing into law ?“Emergency?” measures. So again, while we should all be very pleased that the voice of the people has been heard, we should also be wary of Council?’s history of taking measures into their own hands.
Bob Harding Jeffery Fix
Contact Person Newsletter Editor
HAVE THINGS CHANGED THAT MUCH BOB?
By Long time reader
3-12-2001
February 2001 Newsletter
R-4 Zoning Ordinance REPEALED!!
At the Pickerington City Council Meeting Tuesday Night, March 6, 2001 Council Ordinance #2001-27 was passed. Ordinance #2001-27 was placed on their agenda without any prior notice or publication. This ordinance repealed Ordinance #2000-137, which specified that all land annexed to the City in the future, would be annexed at R-4 (Residential up to 4 units per acre). The initial ordinance (2000-137) was passed in December of last year and was the subject of a successful referendum petition just after the first of this year. The Referendum was scheduled to be on the ballot this November for a citywide citizenry vote either in favor of, or against automatic R-4 zoning. While the membership of PATA is pleased that this ordinance was repealed by City Council, thus ending the automatic R-4 zoning, we are feeling cautious about this victory. The concern is that City Council may come back very soon with ?“Emergency Legislation?” that again automatically brings new land to the city as Residential Property with up to 4 homes per acre. ?“Emergency Legislation?” is dramatically overused by the City Council. By invoking this ?“Suspended Rules?” tactic, the Council can read and pass legislation without the typical three readings (at three consecutive meetings) and with limited public comment. Other Ohio cities have used this tactic to overcome citizen involvement toward zoning concerns. The most noted of these is the City of London?’s decision that brought about a 5-2 vote in the Ohio Supreme Court backing that municipality?’s use of Emergency Legislation to avoid the referendum process. Quoting the comments of Judge Stratton Lundberg,
?“ I disagree with the majority?’s conclusion that property may be annexed through ?“emergency?” legislation not subject to a referendum. I believe that allowing such a process deprives Ohio citizens of their right to a referendum provided under Section If, Article II of the Ohio Constitution. It is difficult for me to imagine a more deliberate attempt to thwart a constitutional right. I fear that the majority?’s approval of this procedure will provide a road map to each municipality in the future to avoid referendums when they have been filed, as we set forth no guidelines or exceptions for allowing such circumvention, but rather grant wholesale approval to the emergency process.?”
So, this type of legislation is also not subject to repeal by public referendum. In other words, the Council and Mayor Hughes can do what they want without suffering recourse simply by suspending the rules and passing into law ?“Emergency?” measures. So again, while we should all be very pleased that the voice of the people has been heard, we should also be wary of Council?’s history of taking measures into their own hands.
Bob Harding Jeffery Fix
Contact Person Newsletter Editor
HAVE THINGS CHANGED THAT MUCH BOB?
By Long time reader
