PC APPROVED Minutes 11-14-19 Regular Meeting Minutes
Spokane Valley Planning Commission
Council Chambers— City Hall
November 14, 2019
I. Chair Johnson called the meeting to order at 6:00 p.m.
II. Commissioners, staff and audience stood for the pledge of allegiance.
III. Assistant Deanna Horton called roll and the following members and staff were present:
James Johnson Jenny Nickerson, Building Official
Danielle Kaschmitter -absent excused Cary Driskell, City Attorney
Timothy Kelley
Robert McKinley
Raymond Friend-absent excused
Michelle Rasmussen-absent excused Deanna Horton, Administrative Assistant
Matt Walton
Hearing no objections Commissioners Kaschmitter, Friend and Rasmussen were excused.
After roll call Commissioner Kelley called a Point of Order, which the Chair granted,and read
a statement in which he stated he felt that the issue regarding the Commission elections had
not been addressed. The Commission's Rules of Procedure, Section 9 (B)states in the election
of officers,must have at least four affirmative votes. Commissioner Kelley's contention is that
Commissioner Johnson only received three votes. There was no official vote which gave
Commissioner Johnson the four votes necessary to be duly elected. He also stated that
Commissioner Walton, being the only person nominated for the Vice Chair, was also not duly
elected because he was appointed without anyone casting a vote. Commissioner Kelley feels
a special election needs be held in order to officially elect the Chair and Vice-Chair to their
positions. He noted that Robert's Rules of Order also state someone is not elected until they
receive the required number of votes.
City Attorney Cary Driskell reaffirmed his position from the October 24, 2019, meeting that
there was no question to the validity of the election of the officers in January. There had only
been one candidate,and the challenge is only being raised nine months later. Mr.Driskell also
concluded the Chair and Vice Chair are simply facilitators to allow the meeting to run
smoothly. There are no legal ramifications to them fulfilling these positions through the end of
the year. Commission Secretary Deanna Horton noted when Commissioner Rasmussen
withdrew her nomination, Ms. Horton had received unanimous consent from the rest of the
Commissioners that they approved of Commissioner Johnson being elected the Chair. When
Commissioner Walton was nominated for Vice Chair, there were no other nominations, and
unanimous consent was given to elect Commissioner Walton to the position for which he had
been nominated and he accepted. Commissioner Kelley feels these are inaccurate responses,
because historically a ballot has been used to vote for these positions, none was used during
this election cycle. It was noted that there is no requirement in the rules of order for a ballot
to be used in voting for these positions.
Commissioner Kelley requested that the Commission call for a special election. Mr. Driskell
stated he did not feel that the Chair was able call for a special election, since the rules only
allow for a special election when there is a vacancy. Mr. Driskell said he did not have an
answer for the subject at that time,feeling he had already addressed the subject. Commissioner
Walton requested a point of parliamentary inquiry to have the subject set aside in order to be
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able to conduct the rest of the Commission business. The ruling by the Chair was to set the
subject aside in order to conduct the business of the Commission.
IV. AGENDA: Commissioner Walton moved to amend the November 14,2019 by removing item
IX(i) Findings of Fact for CTA-2019-0003. The attending Commissioners, excluding
Commissioner Johnson have not had the opportunity to listen to the recording from the public
hearing and cannot vote on the findings at this time. There was no discussion. The vote on the
motion was four in favor, zero opposed, and the motion passed
V. MINUTES: Commissioner Walton moved to approve the October 10 and October 24, 2019
agenda as written. There was no discussion. The vote on the motion was four in favor, zero
opposed, and the motion passed.
VI. COMMISSION REPORTS: Commissioner Walton attended the November 12, 2019 City
Council meeting. Commissioner Johnson attended the Human Rights task force executive
committee meeting, regular meeting on November 8, 2019 and the City Council meeting on
November 12, 2019. There were no other reports.
VII. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson reported that staff are
working to implement a program to have the Planning Commission recordings hosted on the
website.
VIII. PUBLIC COMMENT: There was no public comment.
IX. COMMISSION BUSINESS:
i. Study Session: CTA-2019-0004, a proposed amendment to SVMC 22.70.020
Fencing, fence heights in residential zones.
Ms. Nickerson gave a presentation regarding fencing regulations in the residential zones.
Ms. Nickerson said City's current language requires the height be measured at the lowest
grade elevation within six feet of the fence horizontally. The City has found that
constructing a six-foot fence when measured from the bottom of a retaining wall, or heavy
slope between two properties with differing elevation, does not provide adequate privacy.
Commissioner Johnson said that in paragraph D it states that in a non-residential zone
would be limited to eight feet. He confirmed that multifamily development would have a
six foot fence limit. There was discussion regarding a residential use being next to a non-
residential or multifamily use and wanting more privacy. Ms.Nickerson offered changing
the language in section (C) to read:
An administrative exception may be granted by the City Manager or designee for a
fence of more than six feet in height but no more than eight feet in height where
associated with a permitted non-residential r f i f E I l s l f f 711 l 1 use in a residential zoning
district and necessary for public safety, security, or screening purposes.
Ms. Nickerson noted that transitional regulations apply when single family residential
development is abutted by a multifamily use. The current language would not allow the
City Manager to make an exception for multifamily, without the suggested language
change. Ms. Nickerson said the public hearing is scheduled for December 12, 2019.
IL Study Session: Updating Planning Commission Rules of Procedure.
Ms. Nickerson said a marked up and clean version had been sent to the Commissioners.
Staff had hoped to send these forward for Council approval if there were no more proposed
changes. Commissioner Kelley would like to change Section 9(B) to be altered to state
that a ballot vote is required for the election of officers. Commissioner Walton stated that
part of the reason we used small board rules is the flexibility to do the work required of the
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Planning Commission. Part of that is not having the formality of Robert's Rules of Order
and being able to streamline the processes. Commissioner Walton felt it was getting away
from thought process that the Commission is more than a recommending body. If the
Commission feels a ballot vote is necessary, then they all have the right to call for one at
any time. Putting it in the Rules of Procedure just makes it necessary when it might not be
all of the time. Commissioner McKinley stated he felt that asking for a paper ballot for the
Chair and Vice Chair, as the leaders of the Commission, is a good idea. He felt it makes it
an official act and would allow people to write in someone else. It is a formality but it
should be implemented. Commissioner Johnson stated he agreed with Commissioner
Walton, he likes the small board rules and would like to keep them, however he feels that
the ballot vote for Chair and Vice Chair should be a ballot vote.
Commissioner Johnson requested that this subject be held until the next meeting.
Commissioner McKinley requested that the absent members receive a copy of the
evening's recording and a copy of the statement which was read by Commissioner Kelley.
Commissioner Johnson clarified in Section 5(Attendance)(A) would require a vote to
excuse people from a meeting, but unanimous consent is considered a motion and
confirmation by Robert's Rules of Order.
Commissioner Johnson noted in Section 5(C)(d)(2), says states that after a leave of
absence, the absent Commissioner shall either: but only offers one option. Ms. Horton
stated this was an insert from the Governance Manual and she would look to see what had
been removed to clean it up.
X. GOOD OF THE ORDER: Commissioner McKinley stated he was thankful for his family.
Commissioner Kelley clarified the order of the agenda. Commissioner Walton commented on
intrinsic dignity and making the choice to treat people with civility, honor and respect for the
value and worth they bring to our City.
XI. ADJOURNMENT: Commissioner Walton moved to adjourn the meeting at 7:03 p.m.
The vote on the motion was four in favor, zero opposed, and the motion passed
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James Johnson, Chairman Date signed
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Deanna Horton, Secretary