Loading...
HomeMy WebLinkAboutP&Z MINUTES MAY 26, 1994 (2)r u' . PLANNING & ZONING Executive Session 5-26-94 The Sakotas have said they will take us to court if we include them in the Impact Zone. Richard felt our position would be worse if we just square off the map. Some alternatives discussed: - Include American Potato and. Muir property up to Cemetery Road. (American Potato want to be-all in to the extent that we presented. They will ask the Executive office if they want to be in 100 if we ask them and they will send a letter to that effect if asked.} - Richard in favor of including everything South of Freeway. - We should not draw an arbitrary line. Board asked Steve, if we go to court what is defensible: - We can't defend Pole Line Road (one side not being included) - We can defend Archibalds being left out. - It was proposed up to and along cemetery line - Go to County Commissioners and say owners agreed to wanting to be in. - Not all of Muirs property, but include-and protect Cemetery Rd. • (If Roger Muir is willing to come in we are foolish to not include him.) - Sakotas property being on Salem Hwy., a major arterial, is in our favor. - - Sakotas would not be able to defend this as a discrimination issue. - Sakotas would try to defend this as arbitration not because Sakotas are in but because we left others out. - Our years of work on this would be our defense that it is not arbitrary. - We left Sakotas in because they are on an arterial but how would we defend leaving the south side of Pole Line Rd. and Hibbard Rd. out? Commissioners have said if someone wants in they have no problem with that . Everybody here agreed to include Cemetery Road. The County Commissioners excluded it. It is the City's Impact Zone. They would sue the City, not the County. Steve said you had Hibbard Road in. They objected and you took them out. Sakotas object and you didn't take them out, therefore, you are capricious. Procedure: - We do what we are doing - continue to work together. Don't give up. - They cannot sue until all the administrative duties are through. .: ,.., - Munn's and Muir's are beginning to understand the benefits • of the Impact Zone. Jerry said we have had to educate approximately 60~ of the people included. We need to talk to and educate the people on Pole Line Road. - Richard said we need to include Muir's and American Potato and present it to the County. He feels there is a real need to have the County Commissioners sign off on this. Choices: 1. Make compromise and present to the Commissioners. 2. Go to a 9 member body if the City and County cannot agree. _ (3 City, 3 County (new commissioners), 3 appointed. 3. Go to a Judge who throws out all ordinances, etc. including Grandfather clause (a selling feature for us to those hesitant to be included.) Sugar City's aggressive approach will be parred back. Our nonaggressive approach is more acceptable. Bob Lee went over Sakotas letter: 1. They object to 1/2 of their property in and 1/2 out which makes them answerable to two entities. If we include all their property that would eliminate that objection. 2. They alleged that we were inconsistent by not including tre Muir's, Archibald's and Munn's. If we include them that argument is gone. Richard said he felt it was more important to get the County to sign off on it and they won't with all of that included. Do we all want Pole Line Road - both sides? Final Decision: - We need to have the line cut North of the Cemetery Road. - Include both sides of Pole Line Road. - Include Hibbard Road. - American Potato in. - Steve will work with the Muir's. - Sakota's need to be in. The Impact Map must be done be November 1st. The Impact Ordinance must be ready by January 1st. We need to be specific about the things that apply in the new zones. Our best selling point is we have to be consistent. Jerry made a motion to adjourn. Richard seconded the motion. All aye. Executive Session May 9th at 6:30 p.m.