Airway Heights council passes ordinances in advance of annexation

By JAMES EIK

Staff Reporter

In its last meeting for the calendar year, the Airway Heights City Council resolved a myriad of issues in advance of its annexation to the east of Hayford Road at the start of 2012.

The city reached an agreement with Sekani, LLC, a group of developers who spoke to the council last month, concerned with how annexation would affect their properties east of Hayford Road.

The agreement lasts until 2019, and can be terminated by mutual agreement or when the project is complete. It covers 32 acres, 17 of which are zoned as low density residential. Zoning, land use and entitlement of the property will be controlled during the seven years of the agreement.

Sekani, LLC's main concern regarded the city's park impact fees, and the difference they would pay, compared to that of Spokane County's fee system. The document presented Monday, Dec. 19, sought to resolve the differences between Airway Heights' fee structure and entitlements given to the developers by Spokane County.

As part of the agreement, the developers are exempt from the city's park impact fee, should their property be completely finished in seven years. The property in question is divided into residential and general commercial zones to the east of Hayford Road.

The northern part of the property has developed into a residential subdivision. If developed by the time the agreement expires, 49 single family units will be exempt from the city's park impact fee. Along the same line, if the developers elect to pursue an option of 250 high density residential units and finish them on time, they are exempt from the fee.

Developer Jack Kostell was at the meeting to help finalize the agreement, which was done only minutes prior to being voted on by the City Council. Kostell said change, in the form of annexation, makes many fearful, but that working with the city's staff made it a bit easier.

During the meeting, the City Council passed the second read of its park use ordinance. The ordinance was first read in September.

It seeks to prevent the use of fireworks, which will fall in line with the city's new regulation. In addition, it also restricts playing golf, and the use of remote-controlled airplanes inside Sunset Park.

When brought to the City Council in September, former Councilman Matthew Pederson called banning small remote-controlled airplanes “overkill.” At that same meeting, parks and recreations director J.C. Kennedy said that even small planes can reach heights of 1,000 feet.

At Monday's meeting, the ordinance passed without any questions. Kennedy said no changes were made to the document.

The City Council also revisited an ordinance regarding panhandling and graffiti, passing its second read.

Police Chief Lee Bennett said there were no changes made to the document from its first read. Bennett said the policy, which sets the first panhandling standards for the city, was sought prior to the city's annexation to the east.

It clamps down on aggressive panhandling, much of which takes place around Walmart. Bennett said officers have observed panhandlers being aggressive to motorists, sometimes walking into traffic, causing a disruption.

In October, Bennett said the ordinance carries a $1,000 fine or 90 days in jail. At Monday's meeting, he said there would be a grace period, in order to fully inform current panhandlers of the new regulation.

The ordinance also covers graffiti on buildings, and addresses the responsibility of property owners to either clean up the graffiti or face a fine. Responsibility shifts to the perpetrators if they are caught committing the crime.

Councilman Kevin Richey said he was concerned about property owners, particularly residential homeowners, who might be unable to afford repairs. He said there was a group in Spokane that helped residences clean up their property.

Mayor Patrick Rushing also revisited the possibility of having a graffiti wall, like one in Newport, in order to lessen the possibility of buildings being tagged.

City planner Derrick Braaten asked the City Council to table the second read of its mixed-use overlay, so the planning commission can take further public comment on the issue. In its place, the City Council suspended its rules to pass a 72-day moratorium on construction of mixed-use or conditional-use properties.

Without the moratorium in place, properties in the annexation could build according to the city's current mixed-use policy. A replacement is being drafted to better fit in line with the area's Joint Land Use Study.

The City Council passed the third, and final, reading of its budget. It went through a third reading, as the council needed to pass the second reading of its salary ordinance, removing a 2 percent incentive-based bonus for city employees in 2012.

At the start of the meeting, Rushing recognized Deputy Mayor Charlotte Lawrence and councilman John Holloway, who sat through their final City Council meeting. Rushing said the past year was one of the city's best, with the amount of experience on the council.

Former Councilman and current representative for the Airway Heights Festival Association Matthew Pederson, presented Larry and Linda Campbell with an award for the best decorated home in the city. Pederson said the Campbell's home had the front and rear decorated with lights, ornaments all while some Christmas tunes played. The Campbell's, whose home is on the corner of 8th Avenue and Beeman, is well-known in the city for their light display and block party each year.

James Eik can be reached at [email protected].