A. Application For Mediation: Mediation may be requested in writing by any applicant, an affected person, the mayor, the city council, the planning and zoning commission, any department head of the city, a planning and zoning commission member or member of the city council as to any decision of the planning and zoning commission or council with respect to any decision of the city council under this title, at any time prior to filing of a lawsuit with the district court.
B. Mediation Session: The applicant and any party or parties objecting to the application shall participate in at least one mediation session if mediation is requested by any party referred to in subsection A of this section, except as herein provided. City council shall select the mediator and shall pay the expense of mediation for the first meeting among mediating parties, if the mediation has been requested by the city council or the city's planning and zoning commission. If mediation is not requested by the city council or the planning and zoning commission, or in the case of subsequent sessions of the mediation when the city council or planning and zoning commission requested mediation, compensation of the mediator shall be determined among each party participating in the mediation prior to or at the outset of the first mediation. If not so determined, then the city council may require the parties to the mediation to share the costs as it determines. A party requesting mediation, other than the city council or the city's planning and zoning commission, shall at the time of request of mediation tender to the city clerk in full the estimated mediator's fees for one session of mediation as determined by the city clerk as a condition of going forward with the mediation. Such prepayment is without prejudice to the parties or city council determining which parties shall actually bear the cost of the meditation as above provided.
C. Participation: If the first mediation session has been requested by the planning and zoning commission or by the city council, all parties to the controversy shall be required to participate in at least one session of mediation as a condition precedent to other relief. However, an applicant may decline to participate in mediation which has been requested by an affected person and an affected person may decline to participate in a mediation requested by the applicant. (Ord. 411, 8-14-2002; amd. Ord. 2009-4, 5-13-2009)
D. Time Limitation: Upon request for mediation, any time limitation shall be tolled. Such tolling shall cease when the first of any of the following occurs:
1. When the applicant or any affected person(s) has participated in at least one mediation session and states in writing that no further participation by that party is desired. The person making such statement is obligated to serve or deliver a copy of same to all parties entitled to notice; or
2. Upon receipt by the county or city as well as the applicant or affected person of a written refusal by the applicant or affected person to mediate when such person is not obligated to mediate as herein provided. The party declining to mediate shall have the obligation of giving notice of the same to all parties to whom notice should be given; or
3. Upon notice of a request for mediation where no mediation session is scheduled for at least twenty eight (28) days from the date of such a request. (Ord. 2009-4, 5-13-2009)
E. Public Hearing: A public hearing shall be held before city council where a resolution through mediation occurs following a final decision on an application made the basis of such mediation.
F. Not Part Of Official Record: The mediation process shall not be part of the official record regarding consideration of the application upon which the mediation is based. (Ord. 411, 8-14-2002; amd. Ord. 2009-4, 5-13-2009)