I know gotcha journalism is fun, for some. So is editorializing in a news story, but sometimes people want the facts as well, all of them. For that reason I will explain what was made to seem like a contradiction in my statement and my actions. I did indeed say I would not bend the law to accommodate my personal feelings in the matter of the appeal before the Norman City Council. That was after the City Attorney said in an unequivocal fashion that Council could not grant exemptions. Well if we could not legally do so then, it would have been improper for me to vote to do so, despite the merits of the case. After I made my quoted statement, the City Attorney later modified his position and said we could interpret the code to read it as giving latitude for an exemption.
Webster defines appeal as: an application (as to a recognized authority) for corroboration, vindication, or decision. I think: if there is no choice than, you cannot decide. In other words we must be able to say yes or no. The very fact that there is an appeal process indicated the intent to be able to address situations that cannot possibly be contemplated or anticipated when writing an ordinance.
Making a decision on the narrow and specific facts on individual circumstances is not only appropriate but the very function of having Council oversight. That is what keeps people from falling through the cracks. While staff and the Planning Commission were absolutely right to strictly apply the ordinance, Council, in an appeal, can and should exercise its discretionary powers.
No one intended to charge people for a road widening that will not happen just because we can. Nor should we make a small plot of land unusable, if its use doesn’t prose a treat to the greater community. It is more than an issue of taking care of a small business, or did some buyer do their due diligence. It is a matter of looking at the situation as a whole and considering the human side of the equation.
The meeting demonstrated two important principles. They say you cannot fight city hall, but in fact you not only can but sometimes you can win. Second, all the back and forth and vacillation, proved that those on council do not always have their minds made up before a meeting.