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Minutes - 05/11/2006 Spokane Valley Planning Commission Approved Minutes Council Chambers — City Hall 11707 E. Sprague Ave May 11, 2006 I. CALL TO ORDER Chairman Kogle called the meeting to order at 6:02 pm. II. PLEDGE OF ALLEGIANCE The Commissioners, Staff and Audience stood and recited the Pledge of Allegiance III. ROLL CALL Commissioner Beaulac — Present Commissioner Kogle — Present Commissioner Blum — Present Ian Robertson — Present Commissioner John G. Carroll — Present Marcia Sands — Present David Crosby — Present Staff attending the meeting: Marina Sukup, Director of Community Development, Mike Connelly, City Attorney, Deanna Griffith, Administrative Assistant IV. APPROVAL OF AGENDA Commissioner Crosby moved that the May 11, 2006 agenda be approved with the following amendment, moving old business before new business. Second by Commissioner Beaulac. Motion passed unanimously. V. APPROVAL OF MINUTES Commissioner Beaulac moved that the April 27, 2006 minutes be approved as written. Commissioner Robertson seconded the motion. Motion passed unanimously. VI. PUBLIC COMMENT No Public Comment VII. COMMISSION REPORTS Commissioners Kogle, Blum, Crosby, Sands and Carroll all attended an afternoon gathering to honor the City and the City staff for the completion of the Comprehensive Plan where the Mayor and Commissioner Kogle spoke and awards were presented to the staff. Commissioners Beaulac and Robertson had nothing to report. VIII. ADMINISTRATIVE REPORTS Director Sukup reported that the community meetings with the consultants would not be held until after summer, but that the stakeholder meeting would be held in July. Director Sukup stated that during her recent trip to the national APA conference a considerable amount of discussion was about redevelopment, May 11, 2006 Planning Commission Minutes Page 1 of 4 Spokane Valley Planning Commission Minutes walkable communities, and people places not driving places, that shopping malls are a thing of the past. She also reported that this will probably be a theme of the Sub-Area Plan and that more information will be provided to them in the future as we proceed into these projects. IX. COMMISSION BUSINESS OLD BUSINESS: Rules of Procedure — Mr. Connelly spoke to the Commission about issues that the Commission needs to keep in mind as they conduct their meetings. The Commission will want to make sure that they use the same processes for each meeting and keep them the same every time. o With regard to the chair abstaining from voting. Unless the Chair has a personal/conflict reason for doing so, legal does not recommend the Chairman do so. As a general rule, everyone votes. It can create a quorum problem, which the Commission would not want. o Stick to the agenda. If council asks the Commission to look at two things on a four page ordinance, please do just that. If the Commissioners have other topics from that ordinance, they are welcome to look at those, just bring them back on a different agenda. o Only take testimony when the meeting is open for that. Do not go back and forth, it creates a problem with due process if the Commissioners are asking questions and inviting more testimony after the hearing process has been closed. o The Commission's role is advisory. You have a wide issue of things you can look at but in the end you are still only making recommendations to the legislative body and they can/will make judgments and changes to the documents you send them. The Commission could always send a representative to the Council meeting to add emphasis to your position but you still have to accept what the Council does. o Open Public Meetings Act. This is very strict and very black and white. The Commission can not conduct any business outside of this meeting room. No meetings, lunches, gatherings, conference calls. There can be no polling and there can not be a meeting of 3 and then another meeting of another 3. All meetings and deliberations are done in the open, the Commission can not retire into executive session, the Commission can not turn off the recording, and the Commission can not exclude things from the minutes. If the Commission forms a sub-committee and it has more than 3 Commission members on it, the Commission need to make it a public meeting. o Public Records — everything is a public record. Every written document, every email is subject to disclosure based on the public records act. Minutes are public as soon as printed, even if they May 11, 2006 Planning Commission Page 2 of 4 Spokane Valley Planning Commission Minutes are drafts. If the Commissioners are using your home email then everything on your home email is subject to disclosure. The City has a retention policy and Mr. Connelly will provide it to the Commissioners in order for them to know how long they must keep things from Commission business. Once a document has been downloaded from the website, it is a public record, once a document has been altered with notes of any kind, it is a public record. Public has a right to not only the decisions but the path to the decisions. o Appearance of Fairness. Try to remain above reproach, you can not accept gifts. Except in quasi-judicial decisions, street vacations are the only ones that the Commission handles, the Commissioners have the right to do all the research you would like and speak to ask many people as you would like in order to make a better decision, yourself. If the Commissioners have a personal gain in the outcome of a vote, then they should recuse themselves from the vote and the discussion on that matter. There was then discussion of several questions: Whether a Commissioner could go to Council and express a different opinion than the forwarded decisions? Yes, Commissioners could if they felt that strongly, anyone can speak before the Council. How could Commissioners add information to what they send to Council? It can be added to the Recommendation for Council Action. Mr. Connelly will discuss with City Staff as to how to segregate the City business and the personal business the Commission is doing on their computers. Can the Chairman restrict Commissioners from asking questions during testimony? Yes, the Chair can make that decision but the Commission can then vote to override that decision. Minutes are public records even before they become official. Is it ok to ask a Commissioner who has decided to run for a political office to excuse themselves from the Commission until after the election? No, you can not ask them to step down temporarily however there can be no campaigning from office on City property or at a City meeting. If a Commissioner took on a��pet project" is this ok? It would be ok but it would probably be proper to recuse yourself from the vote. You can not work both sides. All Commissioners thanked Mr. Connelly for his time and the information. NEW BUSINESS: Exterior Lighting Discussion — Director Sukup shared a new version of the lighting standards than the one the Commissioners received in their packet. This standard does not address single family housing, the City does not have any street lights and we will only put in the standards what the staff can enforce. The lighting standards must meet the energy codes. The City is proposing to not regulate the height of lighting poles but rather to have a formula to establish height based on parking lot size. Commissioner Beaulac stated that the first document seemed similar to the City of Redmond, there were things he did like in the first document and he did not see any of that in the second document. Commissioner Beaulac asked for a copy of the City of May 11, 2006 Planning Commission Page 3 of 4 Spokane Valley Planning Commission Minutes Redmond ordinance and possibly Ames, Iowa where he had seen grandfathered luminary addressed. Staff will provide those documents and bring this item back for a future agenda. Aesthetic Corridors & Billboards Discussion — When the Council adopted the Comp Plan it has a policy of cap and replace for billboards. It is now the Commission's job to determine how far apart those billboards should be on the same side of the street and the offset on the opposite sides of the street. Director Sukup made a presentation and afterwards printed off the slides for the Commissioners for them to use for review, with ideas of 1000 feet apart, 250 offset on the opposite side of the street. Commissioners had a discussion over how many existing billboards, location, grandfathered places, replacement permits. Commissioner Crosby asked if the Commissioners could get a reference map of distances from the front of the building so they could go outside at a future meeting and try and get a visual on the street. This subject will be addressed again at a future meeting. X. FOR THE GOOD OF THE ORDER There was nothing for the Good of the Order. XI. ADJOURNMENT There being no other business the meeting was adjourned at 8:17 pm SUBMITTED: APPROVED: Deanna Griffith, Administrative Assistant Gail Kogle, Chairperson May 11, 2006 Planning Commission Page 4 of 4