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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 11-14-2019 Planning Commission Minutes Page 2 of 3 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 11-14-2019 Planning Commission Minutes Page 3 of3 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 /2 2/� James Johnson, Chairman Date signed 1*, 6 4;-:) Deanna Horton, Secretary