2005, 09-27 Regular Meeting MinutesMayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 75 meeting
Attendance:
Diana Wilhite, Mayor
Rich Munson, Deputy Mayor
Dick Denenny, Councilmember
Mike DeVleming, Councilmember
Mike Flanigan, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
MINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday, September 27, 2005
City Staff:
Nina Regor, Deputy City Manager
Cary Driskell, Deputy City Attorney
Ken Thompson, Finance Director
Mike Jackson, Parks & Recreation Director
Cal Walker, Police Chief
Tom Scholtens, Building Official
Carolbelle Branch, Public Information Officer
"Bing" Bingaman, IT Specialist
Chris Bainbridge, City Clerk
INVOCATION: Father John Steiner, St. Mary's Catholic Church gave the invocation.
PLEDGE OF ALLEGIANCE Mayor Wilhite led the Pledge of Allegiance.
ROLL CALL City Clerk Bainbridge called roll; all Councilmembers were present.
APPROVAL OF AGENDA It was moved by Deputy Mayor Munson, seconded by Councilmember
Flanigan, and unanimously agreed to approve the agenda as presented.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS
Councilmember Taylor: mentioned that last Friday evening's Valleyfest parade was a wonderful, well -
attended event, and he enjoyed the parade and the next day's ribbon cutting and opening ceremonies at
CenterPlace.
Deputy Mayor Munson: stated that he also attended Friday's parade and opening ceremony at
CenterPlace, and had a wonderful time throughout the weekend; that he also attended the Spokane Transit
Authority meeting last week; and announced that due to his October 6 surgery, he will be out for the
approximately three weeks, but hopes to have a telephone hook -up so that he can hear the meetings,
although he will not participate in them.
Councilmember Flanigan: said that he also attended several weekly ribbon cuttings and grand openings;
he attended the monthly Health District meeting; the ValleyFest parade and celebration, and that
attendance was estimated for the parade at 10,000; with 32,000 estimated attendance for ValleyFest.
Councilmember Denenny: explained that he attended the Regional Health Meeting where housekeeping
issues were discussed; that tomorrow the full group of the Spokane River Total Maximum Daily Load
(TMDL) collaboration will meet and will be the first meeting to begin defining the various scenarios, and
that he anticipates providers will have scenarios, as well as the Conservation District and Sierra Club; and
commercial companies, and that the goal will be to try to blend all those together; and that they asked the
Department of Ecology (DOE) not to come forward with a scenario of what they expect.
Councilmember DeVleming• stated that he attended the 911 Board meeting this morning where they
approved the budget recommendation to the County which includes an estimated 7% increase; that he
attended a press release this morning regarding the Crime Check phone number that will be disconnected
Council Meeting: 09 -27 -05 Page 1 of 5
Approved by Council: 10 -11 -05
October 1, and that the change has been challenging as the crime reporting number is receiving
approximately 5,000 calls a month for information.
MAYOR'S REPORT:
Mayor Wilhite reported that she attended the Spokane Chamber's annual meeting; and the ribbon cutting
at 24 -Hour Fitness; and she discussed a school project at West Valley where the children role -play in
various community jobs; and she too attended the Valleyfest celebration.
PUBLIC COMMENTS As noted below, certain agenda items provide an opportunity for public
comment during the discourse of that agenda item, and public comment will be invited on those items as
they come up on the agenda. Also as noted below, agenda items such as "Administrative Reports" and
"Information Only" items do not allow for public comment during the discourse of those items; however,
you may comment on those items now, as well as any other non - agenda items of interest to you. When
you come to the lectern, please state your name and address for the record and limit remarks to three
minutes.
Mayor Wilhite explained the change in format for taking public comments, as noted above, and that this
change is a result of a change in the Council's Governance Manual; and she invited public comment.
Bill Gothmann, Planning Commissioner: he read his prepared September 27 letter concerning providing
notice to landowners prior to taking comprehensive land use actions; and asked that Council consider
adopting a notification policy or postpone consideration of the land use section of the draft Plan until such
policy can be adopted and landowners can be notified.
1. PUBLIC HEARING: Proposed 2006 Budget — Ken Thompson
Mayor Wilhite opened the public hearing at 6:21 p.m. Finance Director Thompson explained that
tonight's public hearing is the first full hearing on the proposed 2006 budget, with an additional hearing
set for October 11. In going through his PowerPoint presentation, Mr. Thompson explained that the
budget is down a little from the 2005 amended budget; that the property tax revenue is down because the
City no longer operates the library; and sales tax are up substantially due to refined estimates. He also
mentioned that this is the first full year for CenterPlace operations; and he anticipates the numbers will
change as the budget process progresses. Mayor Wilhite invited public comment; no comments were
offered and Mayor Wilhite closed the public hearing at 6:27 p.m.
2. PUBLIC HEARING: Ordinance 05 -025, Extension of UR -1 Zoning — Marina Sukup
Mayor Wilhite opened the public hearing at 6:28 p.m. Community Development Director Sukup
explained that this hearing is for the benefit of the public; that the original ordinance establishing the UR-
1 zone expired and an ordinance extending that zone was passed and became effective September 6, 2005,
for an additional six months, adding that this zone is for the Ponderosa and Rotchford neighborhoods.
Ms. Sukup further explained that ordinance 05 -025, which was adopted and effective September 6, 2005,
was done on an emergency basis in order to prevent any gaps between the original ordinance (04 -035),
and 05 -025. She also mentioned that state statute requires that a hearing be held within 60 days of
passing such ordinance. Mayor Wilhite invited public comment.
Chuck Hafner, 4710 S Woodruff: gave some history of the need for the change; and stated that Spokane
County previously arbitrarily assigned the area UR -7, which would allow up to seven houses an acre,
duplexes, and no animals.
Mayor Wilhite invited further comments; no other comments were offered and Mayor Wilhite closed the
public hearing at 6:35 p.m.
Council Meeting: 09 -27 -05 Page 2 of 5
Approved by Council: 10 -11 -05
VOUCHER LIST
DATE
VOUCHER
Number(s)
TOTAL
VOUCHER
AMOUNT
09 -13 -2005
7538 -7608
$511,531.35
09 -20 -2005
7617 -7670
$499,389.52
GRAND TOTAL
$1,010,920.87
3. CONSENT AGENDA Consists of items considered routine which are approved as a group. A
Councilmember may remove an item from the Consent Agenda to be considered separately.
a. Approval of the Following Vouchers — Mary Baslington:
b. Approval of Payroll of September 15, 2005 of $139,059.08— Jason Faulkner
c. Approval of Amended Department Emergency Management Contract — Cal Walker
d. Approval of Council Study Session Meeting Minutes of September 6, 2005
e. Approval of Council Regular Meeting Minutes of September 13, 2005
It was moved by Deputy Mayor Munson, seconded by Councilmember Taylor, and unanimously agreed
to approve the Consent Agenda.
NEW BUSINESS
4. First Reading: Proposed Ordinance 05 -027 Adopting Property Tax — Ken Thompson
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Taylor and
seconded by Deputy Mayor Munson, to advance ordinance 05 -027, levying property taxes for the 2006
budget, to a second reading. Finance Director Thompson explained that this ordinance is required by state
law in order to levy property taxes; that the City is limited to a maximum of $1.60 per thousand dollars of
assessed value; and that Council can modify the ordinance to levy a rate between $1.51 and $1.60, adding
that each one cent of levy rate generates approximately $50,000 in property tax revenues. Mayor Wilhite
invited public comment.
Chuck Hafner, 4710 S Woodruff: asked if the amount has gone up or down or equalized; and that it is not
apparent if taxes are being raised or not.
Dick Behm, 3626 S Ridgeview Drive: he asked how this compares with the existing rate; and how does
that compare with Spokane County; he stated that if we keep the same rate and the assessed values
increase, it makes it appear as if taxes are being raised; that the information presented tonight is
insufficient and does not explain how this will affect taxes for the average homeowner, and he urged
Council not to vote on this tonight.
Mayor Wilhite invited further comments; no further comments were offered. Brief Council discussion
ensued regarding acting within a reasonable time and moving this forward to a second reading, which will
give staff additional time to gather more information, and allow the public further time to comment.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
5. First Reading: Proposed Ordinance 05 -028 Adopting Initiative and Referendum
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Munson and
seconded by Councilmember Flanigan to advance Ordinance 05 -028 to a second reading. Deputy City
Attorney Driskell gave the background of the proposed ordinance, as per his September 27, 2005 Request
for Council Action form; and added that due to specific time requirements, Council would not be able to
suspend the rules and adopt the ordinance tonight; but may advance the ordinance to a second reading if
Council Meeting: 09 -27 -05 Page 3 of 5
Approved by Council: 10 -11 -05
that is Council's desire. Mayor Wilhite invited public comment; no comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
6. Motion Consideration: Contributions to Outside Agencies — Ken Thompson
It was moved by Mayor Wilhite and seconded by Councilmember DeVleming to adopt the figures for
outside agencies as presented at the last meeting. Finance Director Thompson gave a background of the
issue and of what information they previously discussed, but added that rather than $1,000 each for Big
Brothers /Big Sisters and for Chase Youth Commission, it was determined to combine the funds into
$2,000 for youth activities, and to obtain a recommendation from our Student Advisory Council (SAC) on
how to best use those funds. After brief discussion, including that there is no need to wait for the SAC
recommendation before proceeding, it was moved by Deputy Mayor Munson and seconded by
Councilmember Flanigan to amend the motion to reduce the EDC allocation by $9,000 and apply that to
the International Trade Alliance making that $25,000 for ITA and $56,000 for the EDC. Vote by
Acclamation: In Favor: Deputy Mayor Munson; Opposed: Mayor Wilhite, and Councilmembers
Schimmels, Taylor, Flanigan, Denenny, and DeVleming. Motion failed. It was then moved by Deputy
Mayor Munson and seconded, to increase the total allocation to outside agencies to $125,000 and apply
that increased difference to the ITA. After brief discussion on the proposed increased amount, including
Councilmember Flanigan's preference if additional funds are to be allocated, to allocate those funds to the
Community Center for their various programs, the vote was taken: In favor: Deputy Mayor Munson, and
Councilmembers Denenny and DeVleming. Opposed: Mayor Wilhite, and Councilmembers Schimmels,
Taylor, and Flanigan. Abstentions: None. Motion failed. Mayor Wilhite invited public comment.
Jennie Willardson, 12722 East 23 Avenue: spoke in support of Councilmember Flanigan's idea of
further supporting the Community Center.
Tony Lazanis, 10636 East Empire: cautioned Council to exercise restraint on granting funds, and to
measure the benefits and not spend more than we can afford.
Mayor Wilhite invited further public comment; no further comments were offered. Vote by Acclamation
to adopt the figures for outside agencies as presented at the last meeting: In Favor: Mayor Wilhite, and
Councilmembers Schimmels, Taylor, Flanigan, Denenny, and DeVleming. Opposed: Deputy Mayor
Munson. Abstentions: None. Motion passed.
7. Motion Consideration: CenterPlace Sponsorship for EDC /Chamber Meeting — Mike Jackson
It was moved by Councilmember Flanigan and seconded by Councilmember Denenny to allocate $450.00
to the Spokane Valley Chamber of Commerce for sponsoring the EDC Chamber of Commerce meeting at
CenterPlace. Parks and Recreation Director Jackson stated that this motion consideration stems from a
discussion at the September 6 study session concerning the possible sponsorship of the Economic
Development Council (EDC) to hold a Chamber meeting at CenterPlace, and it was later determined it
would be best to allocate those funds to the Valley Chamber rather than the EDC. Deputy City Manager
Regor stated that we currently do not have a policy regarding discounts or not charging fees for events
that serve a public purpose; but the belief that this meeting serves a public purpose is valid reason to grant
those funds; adding that a policy will be developed in the near future. Further Council discussion included
that there is no real impact to the budget as it is the use of a facility; that this is more of an accounting
issue as there will be no cash outlay; and the importance of assisting in an annual event and showcasing
CenterPlace, thereby bringing people in for this and future meetings. Director Jackson said the scheduled
October 27 meeting will not bump anyone else from the facility. Vote by Acclamation: In Favor:
Unanimous. Opposed: None. Abstentions: None. Motion carried.
PUBLIC COMMENTS - No comments were offered.
Council Meeting: 09 -27 -05 Page 4 of 5
Approved by Council: 10 -11 -05
In response to the accompanying memorandum for this agenda Information item #10, Councilmember
DeVleming asked that staff gather additional information regarding the motorcycle track issue and would
like the issue scheduled on an upcoming council agenda for further discussion.
There being no further business, it was moved by Councilmember Flanigan, seconded by Deputy Mayor
Munson, and unanimously approved to adjourn. The meeting adjourned at 7:12 p.m.
),_
Christine Bainbridge, City Clerk
ackv \\Idi-lik Lo
Diana Wilhite, Mayor
Council Meeting: 09 -27 -05 Page 5 of 5
Approved by Council: 10 -11 -05
nn ue
Spokane
jValley
Memorandum
To: Dave Mercier, City Manager
From: Mike Connelly, City Attorney; Cary Driskell, Deputy City Attorney
CC: Nina Regor, Deputy City Manager
Date: September 27, 2005
Re: Motorcycle tracks in the city limits
247
Intorm' lion C?nlyllci7i'°1l,I
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall ®spokanevatley.org
The issue of whether a specific motorcycle track is allowed on private property was raised at the
City Council meeting on September 13, 2005 by neighbors to a property near the eastem border
of the City. Although the context of the question was in relation to one specific parcel of
property, this situation is likely to arise again. Legal staff has provided this memorandum
addressing the broader question of what the City can do to deal with off -road motorcycle activity
in the City.
ISSUE — Can the City regulate the existence of off -road motorcycle courses within the city
limits? If yes what mechanisms are available for doing so?
SHORT ANSWER — The City has authority under its general police powers to regulate, or
prohibit such activity within the City's corporate limits. Various mechanisms currently exist for
doing so, for example the City's nuisance provisions under SVMC 7.05 may prohibit such
activity, and the City's criminal code provisions under SVMC 8.25 may impose criminal
penalties under specific circumstances. Other additional means could be adopted by the City,
such as listing off -road motorcycle riding as a prohibited use under some or all .zoning
classifications in the City. It is not clear whether a violation of existing code provisions is
present. Specific and detailed evidence will need to be collected prior to taking any enforcement
action. A revision to the interim Zoning Code could be initiated immediately. Lastly, a civil suit
could be filed by the neighbors under a common law nuisance theory.
ANALi'SIS — The City currently has at least two regulatory mechanisms for addressing noise
issues resulting from the operation of off -road motorcycles in the city limits.
A. Nuisance Code - The City adopted SVMC 7:05, entitled "Nuisances ".
"Nuisance" means the unreasonable or unlawful use by a person, or real or personal property, or
the unreasonable, indecent or unlawful personal conduct which materially interferes with or
jeopardizes the health, safety, prosperity, quiet enjoyment of property or welfare of others,
1
offends common decency or public morality, or obstructs or interferes with the free use of public
ways, places or bodies of water." SVMC 7.05.020. Among the listed prohibited nuisances are
ones resulting from noise. SVMC 7.05.040(0) includes:
1. Any noise or sound that intrudes into the property of another person
that exceeds the maximum permissible noise levels as established in WAC 173-
60-040, as currently adopted and hereafter amended.
2. The frequent, repetitive or continuous sounding of any horn or siren
attached to a motor vehicle, except as a warning of danger or as specifically
permitted by law.
3. The creation of frequent, repetitive or continuous sounds in connection
with the starting, operation, repair, rebuilding or testing of any motor vehicle
motorcycle, off - highway vehicle or internal combustion engine within a
residential zone, so as to unreasonably disturb or interfere with the peace and
comfort of owner or possessors of real property.
4. The noise operation of any automobile, truck, motorcycle or other
vehicle in such a non - emergency manner to cause the squealing of tires by the
rapid acceleration of the vehicle; the loud and continuous grinding, thumping or
grading noises from tnicks or other commercial vehicles; the engine compression
noise from the =muffled or poorly muffled compression braking of trucks; the
sound from any motor vehicle audio sound system such as tape players; radios,
and compact disc players at volumes so as to be audible greater than 50 feet from
the vehicle itself; and loud, excessive engine or exhaust noise from unnluffled
vehicles or vehicles operating with inadequate muffler systems to prevent
unreasonably loud noises.
As can be seen, there are several ways the City can determine if a noise violation of the
nuisance code has occurred which would provide the basis for a civil violation. If operation of
the motorcycle track results in the volume of noise at a given tune, as measured by a decibel
meter, exceeding 55 decibels, then a violation exists. Alternatively, a violation can occur even if
the motorcycle activity (or any activity for that matter) is below 55 decibels, if the noise fits
within the definition of subsection 3, above. :lf the noise is frequent, repetitive or continuous in
connection with operating a motorcycle, so as to unreasonably disturb *or interfere with the
peace and comfort of an owner or possessor of real property, then this provides a second means
of violation the nuisance provisions.
Alternatively, the City could file a civil action in Spokane County Superior Court for an
injunction to preclude conduct that rises to the level of a chronic nuisance violation, pursuant to
S \TMC 7.05.030.
B. Criminal. Code — The City adopted SVMC 8.25.060. It states as follows:
2
As can be seen in 8.25.060(A) and (B), this employs a standard of what would disturb the
peace, comfort, and repose of a reasonable person of normal sensitivity. In applying this to a
motorcycle track, a sound that emanates from a track in continuous operation could give rise to a
violation of 8.25.060, depending upon the circumstances. There are several exemptions from the
criminal code that appear to be related to the situation (SVMC 8.25.060(3)(i) and (x), but they do
not apply. Subsection "i" only applied to rnotor vehicles on roadways, and "x" does not apply in
residential areas.
matter.
1. It is unlawful for any person to make, continue, cause to be made,
or to allow to originate from real property in the possession of said person,_in
private rights of way, or in public rights of way, any sound which creates a noise
disturbance.
2. For the purposes of this section, the following sounds are declared
to be noise disturbances:
A. Sounds created by use of a radio, television set, musical
instrument, sound amplifier or any other device capable of
producing or • reproducing sound, which emanate frequently,
repetitively or continuously from any building, structure or
property located within a residential area, and which annoy or
disturb the peace, comfort or repose of a reasonable person of
normal sensitivity;
B. Any other sound occurring frequently, repetitively or
continuously which annoys or disturbs the peace, comfort or
repose of a reasonable person of normal sensitivity. This section
shall not apply to tionconumercial public. speaking and public
assembly activities conducted on any public space or public right-
of-way for which a permit has been obtained. Additionally, this
section shall not apply to noises produced by dogs, which are
addressed in Ordinance 03 -056.
The cited provisions in .SVIMIC 8.25.060 may preclude the type of activity at issue in this
C. Zoning compliance — The City adopted Spokane County's Zoning Code as the
City's Interim Zoning Code. The subject property is Urban Residential 3.5. The Interim Zoning
Code contains a list of prohibited activities in residential zones. One prohibited activity is
operation a "race track ". Unfortunately, "race track" is not defined within the Zoning Code. The
information the City has is that the subject property is not utilized for racing. Instead, the
primary activity is using jumps. As such, it is the opinion of this office, as well as Community
Development Director Marina Sukup, that the activity currently occurring would not be
considered as operating a "race track.."
Under the City's Interim Zoning Code, operating a motorcycle on private property in a
residential zone is not a listed prohibited activity. The City may want to consider amending the
Interim Zoning Code to specifically preclude any recreational or conunercial operation of off -
road motorcycles on private property in the City as a whole or in specific zones, such as
residential areas.
If the City chooses to amend the Interim Zoning Code in this manner, the City would want to
include a phase -in period of between 6 -12 months to allow property owners sufficient time to
find an alternative to being able to use the property right the City would be eliminating.
D. Civil lawsuit by property owners — Another alternative exists for the property
owners that does not involve the City. It is well established in Washington law that one private
party can :sue another private party (two neighbors) to force the stoppage of nuisance activity.
There was a series of four famous cases in Washington relating to nuisance, all involving Royal
Riblet and his wife, and the cement plant below it. That property is now the Arbor Crest Winery,
north of the Spokane River above Plantes Ferry Park. In the first of those cases (referred to as
Riblet 1), the Supreme stated as follows:
The general legal principle to be inferred from court action in nuisance cases
is that one landowner will not be permitted to use his land so unreasonably as
to interfere unreasonably with another landowner's use and enjoyment of his
land. The crux of the matter appears to be reasonableness. Admittedly, the
term is a. flexible one. It has many shades and varieties of meaning. In a
nuisance case the fundamental inquiry always appears to be whether the use of
certain land can be considered as reasonable in relation to all the facts and
surrounding circumstances. Application of the doctrine of nuisance requires a
balancing of rights, interests and convenience.
Riblet v. Spokane - Portland Cement Co., 41 Wn.2d 249 (1952). (Overruled on other, grounds
related to length of statute of limitations, not here applicable).
As such, a court would look at the facts presented to determine whether they give rise to a
finding of a nuisance or trespass violation, thus warranting injunctive and /or money damages
relief.
SUMMARY — In relation to the specific complaint the City received, the City's code
compliance officers will interview the neighbors and view any videotape evidence they possess.
If it appears to meet the requirements necessary to establish a violation of the City's nuisance
provisions on noise, the City will provide Mr. Rose with written notice that it believes the
conduct to constitute a violation, and request that he voluntarily abate the activity immediately.
if the activity continues, then the City could issue a Notice and Order that assesses a monetary
penalty and requires clean up of the property. That determination can be appealed to the City's
Hearing Examiner., who will either uphold the decision or not. If the HE upholds the City's
Notice and Order, then the property owner has the right to appeal the FIE's decision to Superior
Court.
4
In the event this approach does not work, and the property owner continues an activity the City
has determined to be a nuisance, the City would forward the information supporting the
assessment of the Notice and Order, as well as any documentation showing a continuing refusal
to comply, to the County Prosecutor for pursuit of a criminal charge.
If the Council wishes to pursue legislative change to the Interim .Zoning Code, staff can begin
drafting such amendments. If so, the Council should give staff some direction into which zones
would be affected.
5
Good Evening:
I wish to address the question of providing notice to landowners prior to taking comp land use
actions.
The Planning Commission recently completed its work and now the action moves to the Council.
Although the draft Comp Plan does not provide zoning, it does redesignate land uses of a number
of parcels resulting in changing their underlying zoning. This will become clearer in the
examples that follow.
There are three types of land actions that have been redesignated by the draft comp plan:
1. New designations have been created: office, mixed corridor use, and city center are
examples. This will result in rezones such as changing UR -22 to Garden Office; commercial to
mixed use zoning; and commercial to City Center zoning.
2. The staff has done a yeoman's job of identifying over 50 parcels of land that do not conform
to their comp plan designation. As a result, the Planning Commission has made
recommendations for redesignation for each of these. For example, the old comp plan
designated Sunshine Gardens, the nursing facility located next to the old University High School,
as low density residential. The draft Comp Plan redesignated it to high density residential. This
will result in a zoning change of UR -3.5 to UR -22.
3. The designation of some parcels just did not make sense. For example, the old comp plan
designated parts of Mirabeau estates as high density, but the layout of lots was low density.
Thus, the PC, redesignated them low density. This will result in a zoning change to UR -3.5.
As a result of each of these actions, a number of parcels have been redesignated. However, there
is a loophole in the law that does not require notification to either the landowner or surrounding
neighbors when a comp plan redesignation occurs because, technically, it is not a rezone: it will
result in a rezone. It should be noted that this is precisely what happened to Ponderosa,
Rotchford Acres, and North Greenacres prior to incorporation and created monumental problems
for our City. i believe the Council needs to plug this loophole. The Council needs to adopt a
policy that, whenever a comp plan redesignation occurs that will change the underlying zoning,
notice will be sent to the landowner and the surrounding neighbors before the redesignation
receives final consideration by the Council. In that way, the landowner will have a chance to
present his case prior to action taken by the Council, rather than fighting an uphill battle after the
redesignation action is completed.
Hearings are scheduled for consideration of the draft comp plan starting October 18. Since no
notice has been sent to the affected landowners, it is paramount that the Council either take
immediate action to adopt a notification policy, or postpone consideration of the Land Use
section of the draft Plan until such a policy can be adopted and land- owners have been notified.
Thank you,
Bill Gothmann
Planning Commissioner
Sept. 27, 2005