Right-of-way ordinance, zoning moratorium dominate meeting

The possible adoption of a right-of-way regulation, Ordinance 373, and a six-month zoning moratorium on impact home based businesses filled the Millwood City Council meeting with concerned citizens Monday.

“I’ve been on the council a little over 16 years,” Councilman Glenn Bailey said to the crowd of more than 30 people. “And tonight I sense some input that’s valuable for us more than I have ever seen in a meeting of Millwood Council in the past.”

Citizens opposed to the 27-page Ordinance 373 felt there was a lack of notice from the council. The ordinance outlines the regulation and permit fees for activities involving the city’s right-of-way such as construction, modification and maintenance.

“I think this issue needs more time so the public can be more aware of what’s going on before you start passing things,” Millwood resident Dennis Hamlin said.

The majority of public comments focused on the requirement that citizens keep the right-of-way clear of any obstruction affecting public safety such as rocks, yard ornamentation, signage, trash, motor vehicles and personal property such as basketball hoops.

“I think there is a little bit of darkness there that we need to bring out into the light,” Millwood resident Jim Bennett said. “If it’s a safety thing, I agree but when they start dictating what you do on your own property then I have a problem with it.”

According to Mayor Dan Mork, the city plans to regulate the city right-of-way, not dictate what occurs on residential property.

“We’re liable for everything that happens on our property,” Mork said.

Mork suggested the council table the issue and hold a public hearing to gather additional citizen input before adopting the ordinance. Council agreed. The meeting date has yet to be determined.

The council also unanimously approved a six-month moratorium halting future applications for impact home businesses – those allowed to “locate in a residential zone under certain conditions.”

City Planner Tom Richardson proposed the moratorium last month upon discovering the city’s existing ordinance “does not provide adequate limits on the kinds of activities associated with these businesses.” He became aware of the gap this past summer as he researched the application of Early Bird Asphalt.

Early Bird has since had its license revoked because of numerous neighborhood complaints.

“We issued the permit and received tremendous amount of negative feedback from the neighborhood about what was going on,” Richardson said. “Before any other impact home businesses apply, I want to put a halt to it long enough for us to review the ordinance and see what other cities are doing.”

The moratorium provides six months for Richardson to propose any changes to the ordinance such as limiting the number of customers, and employees and adding commercial vehicle size restrictions.

Hamlin, owner of Early Bird, and some neighbors objected to the allegations against his business.

“If you start implementing things, it has to stand for every business.” Hamlin said.

Other council developments:

•Jim Breidenbach, president of Craftsmen Construction asked the council to “expedite their decision” on whether the city wants to purchase the nine-foot front strip of the old McVay Brothers’ property at 3106 N. Argonne Road.

Breidenbach presented a proposal for the city to purchase the property during the September meeting. He asked the city to pay $45,250; $20,250 for the land and $25,000 to reimburse his expenses incurred during the construction delay.

The council went into executive session to discuss Breidenbach’s offer. No decision was made. A public hearing is scheduled for Nov. 20 at 7 p.m. at Millwood City Hall to discuss the issue.

•Shaun Culler was sworn in as a new council member. He fills the seat vacated by Doug Morton in September. He will serve until 2011.

•The council approved the 2009 animal control contract with Spokane Country Regional Animal Protection Services for $7,343. In addition, SCRAPS receives half of the city pet license fees.

•The council announced the estimated income to the city generated from the 1 percent property increase is $370,300.