Citation in context
April 16, 2018 — Meeting Minutes
Cited passage
Attorney Karr indicated that it is acceptable as long as the vote has not been taken. She added that in the case of a public hearing, the public hearing may need to be re-opened.
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Chairman Lichtenfeld commented that this Commission tries to confirm with the applicant that he/she is aware of the conditions being imposed.
Craig Owens recommended that a vote not take place until the motion is clear and on record in a way that can be executed. He added that there are times when he would like to modify a motion that’s been made, or when he would like to discuss further, but he does not.
Planner Krane stated that it is important to include {if applicable} verbal agreements that were made during discussions as well as staff recommendations into the motion.
Ron Reim brought up the challenges of when an applicant comes to the meeting with different plans than those included in the submittal packet.
Craig Owens commented that it’s an issue of timing; we should not be accepting changes on the fly as staff needs time to review and make a recommendation.
A discussion on how to communicate that to the applicants ensued.
Attorney Karr recommended that the City obtain a copy of all PowerPoint presentations as well.
Chairman Lichtenfeld stated that it’s best to avoid last minute substantial changes.
Craig Owens encouraged staff to speak up during the meeting.
Chairman Lichtenfeld agreed, noting that the Commission relies on staff’s expertise.
Chairman Lichtenfeld announced that he will not be in attendance at the May 7th meeting.
Having no further business before the Commission this evening, the meeting adjourned at 7:02 p.m.
_______________________________ Recording Secretary
Becherer indicated that the existing trees will be maintained. A slide depicting a photo of a construction trailer was shown.
7 Chairman Lichtenfeld made reference to staff recommendation that vehicles exit the lot must travel north using the north/south alley.
Mr. Becherer agreed.
Chairman Lichtenfeld asked if the lot to the west is owned by Gershman.
Mr. Becherer indicated that he believed it was, noting that Gershman is who they are leasing the lot from.
Brian Maguire asked if they will be requesting temporary offices for the Maryland School property as well.
Mr. Becherer indicated that they will be considering that at a later time. He then asked if they could extend the use of the subject lot until October, 2020.
William Liebermann thanked Mr. Becherer for asking ahead of time.
Ron Reim asked Mr. Becherer if he would comply with staff recommendations.
Mr. Becherer replied “yes”.
Jennifer Taussig, 7608 Maryland Avenue, asked that the trees be protected as they provide a buffer.
Mr. Becherer indicated that protecting those existing trees is their main focus and the reason for the layout of the site. He noted that the trailers will be placed back at the rear of the lot near the trees so there will be no traffic next to them.
Hearing no further comments or questions, Ron Reim made a motion to recommend approval of the conditional use permit, allowing an extension to October, 2020, to the Board of Aldermen per staff recommendations. The motion was seconded by Scott Wilson and unanimously approved by the members.
CITY BUSINESS – DISCUSSIONS REGARDING LAND USE TOPICS AND THE BASICS OF MAKING MOTIONS AND VOTING
Chairman Lichtenfeld asked Stephanie Karr, Acting City Attorney, if a closed/executive session was necessary.
Stephanie Karr indicated that she did not believe so as long as the conversation remained non- specific.
The following is a breakdown of the Articles and the members who will address them:
Stephanie Karr indicated that she did not believe so as long as the conversation remained non- specific. The following is a breakdown of the Articles and the members who will address them:
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Ron Reim: General Regulations & Conditional Use Permits William Liebermann: Non-Conforming Uses Brian Maguire: Plannned Unit Developments & Special Development Districts Scott Wilson: Off-street Parking and Loading Regulations and Site Plan Review
The recording secretary was asked to email the Articles to the members. Staff noted that the Articles up for discussion will be placed on future light agendas. Chairman Lichtenfeld noted that due to his absence at the May 7th meeting, discussion items will not be on that agenda.
It was announced that Richard Lintz will be taking Joanne Boulton’s place on this Commission as Aldermanic Representative.
Planner Krane referred to Roberts Rules of Order with regard to motions and voting.
Attorney Karr noted that it is very important that all elements are included in a motion; discussions cannot be later enforced. She added that if a motion is not clear, it is up to the Chairperson to call it out and be sure that it is clear.
Planner Krane reminded that there are times that recommendations of this Commission go on to the Board of Aldermen. She emphasized that discussions that take place during the course of deliberations that are not included in a motion are not enforceable.
Attorney Karr explained that calling a question is the same as calling for a vote.
Planner Krane noted that sometimes extra conditions are added before and sometimes after a motion or second to a motion is made, which can complicate things. The Chairman can request that the recording secretary repeat the conditions back if there is any confusion.
Attorney Karr indicated that the recording secretary can also ask the Chairman to clarify a motion at any time before the vote. She added that modifications are acceptable provided that the person who made the motion and seconded the motion (if applicable) are favorable of the modifications.
Director Istenes stated that the public/audience need to understand the vote (and conditions thereof). She asked if the Chairman is allowed to make a motion.
Attorney Karr replied “yes” although it is not typical.
Chairman Lichtenfeld asked if it’s acceptable to receive public comments or questions after a motion is made; as conditions of approval may trigger more public input.
Attorney Karr indicated that it is acceptable as long as the vote has not been taken. She added that in the case of a public hearing, the public hearing may need to be re-opened.