Democracy on the Front Lines
City Administrator’s Blog
Walter Denton
June 26, 2007
About 120 people attended last night’s Community Development Committee to oppose the proposed retail center at the Kyle and Lincoln intersection (click here to read Friday’s blog explaining the project). The City Council Chambers were full and there were people standing against the back wall. Having a crowd this large is unusual for a committee meeting and definitely changes the dynamic of the discussion.
As expected, the discussion revolved around one question: Is commercial development suitable at that location? The residents gave a resounding “NO,” with a laundry list of concerns: storm drainage, loss of trees, trash, rats, noise, traffic, crime, and safety. They said that they enjoy the residential nature of the area and a retail center would bring “permanent negative effects.”
The developer defended the project as a high-class commercial development that would take the residents’ concerns into consideration and would be build a project they would enjoy, including appealing stores, brick and stone finishes, public art, water features, and sidewalks.
While the project is well designed and geared toward neighborhood services, the residents were not interested in compromise. They do not want any commercial there, period.
The Community Development Committee sensed the tension and did not take a lot of time to discuss the issue. One of the concerns for both residents and staff was the hours of operation. The developer said the leases for the drug store and urgi-care required the option for being open 24 hours a day. In the past, the City Council has not allowed 24 hour operations in residential areas and staff has recommended against it for this project. Nevertheless, the developer insisted on keeping the 24 hour option.
Land use issues like this tend to be difficult. The residents are passionate in their opposition. The developer is resolute in building his project. Staff does its best to enforce the City’s regulations and policies. In the middle are the aldermen who must weigh all of these interests and make a decision. It is a difficult decision and the aldermen certainly are not well compensated for the trouble. (In the case of last night’s committee meeting, the aldermen were not paid at all. Aldermen are only paid for attending full City Council meetings.)
In addition to listening to the residents’ concerns, the aldermen must take into account the legal obligations of deliberating the merits of the project itself and how it relates to the City’s laws. There must be a basis in law for the City Council to either approve or reject a development proposal. Some residents attending the meeting questioned why the aldermen were asking certain questions about the project, but it is the committee’s responsibility to explore all of the facts and present a recommendation to the full City Council. It may not be pretty, but it is the democratic process.
After two hours of discussion and debate, the Community Development Committee voted 3-1 against the project. The Community Development Committee is only an advisory body, so there are ten other aldermen who will get to vote on the project. The issue will now go before the full City Council on July 2 for a vote on First Reading. If the issue is voted down at that meeting, then the issue fails and the developer cannot resubmit the project for 12 months. If the issue is approved, then the City Council will vote on the issue again on July 16 for Second Reading. If that vote passes, then the project is officially approved.
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