DUANE SHERRILLEditor

After deciding not to take the advice of its attorneys and state officials, the city board of mayor and aldermen did an about face this past week when they voted to purge the newly passed board of appeals and take it back to the drawing board.

The unanimous decision came in the absence of Alderman Jenna Amacher who had spearheaded the creation of a city board of appeals over the protests of City Attorney Stephen Worsham and advisors from MTAS just one week prior – telling board members their charge ahead to create the board was not legal and therefore would be unenforceable. The board voted 4-3 to create the board of appeals anyway. Amacher argued that since the board could hear all sorts of appeals and not just those pertaining to zoning that it did not fall under the rules of establishing a zoning appeals board.

Alderman Derick Mann, who had been amongst the four who voted for the board just one week ago, brought the motion to the floor to rescind that vote.

“To vote down that ordinance and set up a study session so we can find a way to do this the proper way, the right way and a way that will make everybody happy,” Mann explained his motion.

Alderman Kurt Glick wondered if they could just amend the ordinance as it was written.

City Attorney Worsham suggested the whole thing be thrown out.

“The method by which this was enacted was not proper,” the attorney told the board. “We need to repeal it and start over. There is a method to do what the board wants but we need to go through the proper process to do that.”

The vote to repeal the ordinance was unanimous. Amacher was not present.

Mayor Ray Knowis asked the city attorney and city administrator start the ball rolling as far as establishing a board of appeals which would include a study session.