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<br />City Council <br />Meeting Minutes <br />March 16, 2010 <br />Page 5 of 13 <br /> <br />extend the term longer than a three year period. City Attorney Light explained for the <br />final approval, the ordinance has authority to allow vested property rights for more than <br />three years. In the absence of the vesting rights agreement preliminary plans are valid <br />for one year. <br /> <br />Councilor Muckle stated his understanding the process would attach a vesting <br />agreement to an approved prelirninary plan. City Attorney Light confirmed, but stated it <br />must be accompanied with a vested rights agreement. <br /> <br />Councilor Muckle felt the current process better serves the ConocoPhillips <br />development. <br /> <br />Mayor Pro Tem Marsella asked City Attorney Light whether vested right is development <br />specific or property specific. City Attorney Light explained it is both; the site specific <br />development plan is defined in the vested rights agreement. <br /> <br />Councilor Yarnell inquired about the risks of vested rights. City Attorney Light explained <br />once vested property rights are established, the local government is precluded from <br />passing a moratorium or delaying the property's development and may be required to <br />make payment to the developer for their entitlement of soft costs of the development. <br /> <br />City Manager Fleming stated if Council is not comfortable with a particular vested rights <br />agreement, they should not accept it. He favored a vested rights agreement which <br />clearly states what Council could expect. <br /> <br />Councilor Dalton asked whether the vested rights agreement would have the same <br />rights upon approval of the final PUD. City Attorney Light confirmed the rights would be <br />the same. <br /> <br />Councilor Dalton commented the vested rights agreement could have as much detail as <br />Council deems appropriate. City Attorney Light confirmed Councilor Dalton's statement. <br /> <br />Mayor Sisk asked how a vested rights agreement is handled and how it proceeds to the <br />Planning Commission. City Manager Fleming explained if an applicant requests a <br />vested rights agreement, Staff would work with the City Attorney to draft the agreement. <br />The applicant reviews the aglreement to determine whether it addresses their interests. <br />The Staff negotiates the City's interests and then the agreement is brought before <br />Council for their consideration. <br /> <br />Mayor Sisk stated the City Council will have the final approval on any vested rights <br />agreement. He asked if other cities have vesting rights agreements. City Attorney Light <br />confirmed other cities use vesting rights agreements. <br /> <br />Mayor Sisk noted the City granted a 77' height variance to Avista Hospital and the <br />public did not contest the waiver. <br /> <br />22 <br />