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Kuna City Council delays rezoning decision after city and fire MOUs remain unsigned
Summary
The Kuna City Council voted to continue consideration of rezoning case 24-01-ZC to May 25 after the city attorney said memorandums of understanding referenced in the council's draft decision had not been signed; a resident who spoke urged council members to reflect on a previous rezone vote.
The Kuna City Council voted to continue consideration of rezoning case 24-01-ZC to a date certain of May 25 after city attorney Mark Biby told the council that memorandums of understanding (MOUs) referenced in the draft decision had not been signed by the applicant.
Biby told the council the unsigned MOUs — described in the draft decision’s Section 3 — were part of the rationale for the council’s prior determination and said the lack of executed agreements could affect whether the decision should be finalized. He said he had learned the MOUs were likely to be signed soon but that council members should be aware they were not yet executed. "The MOUs that are referenced ... are not yet signed, by the applicant," Biby said. He said the applicant expected their board to act on the MOUs at an upcoming meeting and that the council could continue the matter to allow time for signatures.
During public comment earlier in the meeting, resident Gail Zar criticized the council's earlier vote on the rezone, saying the April hearing drew "over 60 testimonials" and contending that roughly two-thirds of those who spoke were opposed. "I'd like to thank council member Bruce and Biggs for listening to the people that came out and for their no votes," Zar said. She urged other council members to reflect on their decision.
A council member moved to set the matter to a date certain of May 25; the motion was seconded and approved. Council members voted in favor when the mayor called for the voice vote and the mayor declared the motion carried.
The continuance gives staff and the applicant time to return signed MOUs from the fire district and the city; Mark Biby and council discussion made clear the MOUs had been cited in the council’s stated rationale for the earlier decision. The transcript record shows the applicant expects its board to consider the agreements on an upcoming Friday, after which the applicant hopes the city and fire district MOUs will be in place.
No amendment to the substance of the draft decision was adopted at the meeting; the council’s action was only to postpone final execution of the decision until the May 25 date certain.
