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HomeMy WebLinkAbout091509 Zoning Commission Minutes.doc ZONING COMMISSION MINUTES TUESDAY, SEPTEMBER 15, 2009 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Pomnichowski called the meeting to order at 7:00 p.m. and ordered the Recording Secretary to take attendance. Members Present: Nathan Minnick JP Pomnichowski Ed Sypinski Nick Lieb City Commission Liaison Sean Becker Members Absent: Peter Harned Staff Present: Chris Saunders, Assistant Planning Director Tara Hastie, Recording Secretary Guests Present: Sue Hadak Mrs. Robert O. Smith Thomas Mosser Barbara Hanno David Loseff Anne Halligan Robert Evans Jim Walker Chris Naumann Deborah Penland Bear McKay Kevin Stein Paul Burns Bob Chase ITEM 2. PUBLIC COMMENT (0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was no public comment forthcoming, Chairperson Pomnichowski closed this portion of the meeting. ITEM 3. MINUTES OF SEPTEMBER 1, 2009 MOTION: Mr. Sypinski moved, Vice Chairperson Minnick seconded, to approve the minutes of September 1, 2009 as presented. The motion carried 4-0. Those voting aye being Chairperson Pomnichowski, Vice Chairperson Minnick, Mr. Sypinski, and Mr. Lieb. Those voting nay being none. ITEM 4. AMENDMENT TO ZONING COMMISSION BY LAWS 1. An update to the establishment of the composition of the City of Bozeman Zoning Commission per City of Bozeman City Commission Resolution #3312. Chairperson Pomnichowski asked for clarification regarding the noticing requirements in the noticing for CUP’s and asked if the language was necessary as the BOA reviewed CUP’s. Assistant Director Saunders responded the language could be removed. Mr. Lieb joined the Commission. Chairperson Pomnichowski noted the Commission had asked that outdated ordinance numbers and MCA references be corrected. She stated the membership numbers and representation had changed and Staff had completed the request; she suggested reference to CUP’s under article 9 would be removed. MOTION: Mr. Sypinski moved, Vice Chairperson Minnick seconded, to approve the amended by-laws with changes provided by Staff and the removal of CUP language from article 9. Mr. Becker added that the Mayor would appoint the members of the zoning commission in concurrence with the City Commission and asked for clarification of “concurrence”. Assistant Director Saunders responded concurrence should be addressed through the City Commission as the language appeared in many by-laws. Mr. Becker suggested the language be modified to establish that the Zoning Commission shall elect or set a date to elect from its membership a chairperson and vice chairperson; he noted the first meeting of the year was often difficult to attend and noted he had been against holding a meeting for election purposes only. Chairperson Pomnichowski responded that the Zoning Commission had interpreted the language as the election would be held the next regular meeting of the Commission. Mr. Becker suggested clarification of what would constitute a quorum. Chairperson Pomnichowski responded that the majority of membership would constitute a quorum. Mr. Becker suggested the rules of voting should be clarified. Chairperson Pomnichowski responded the rules of voting were partly addressed in the conflict of interest section. Mr. Lieb asked if that on the first meeting the language “set a date” be included. Mr. Becker responded he was correct. Chairperson Pomnichowski stated the change in language regarding elections would result in a firm date at the beginning the year and the discretion to the Commission to hold the date at a later meeting would be lost. She asked that perhaps the BOA by-laws could be reviewed at the same time as the Zoning Commission by-laws by the Commission. The motion carried 4-0. Those voting aye being Chairperson Pomnichowski, Vice Chairperson Minnick, Mr. Sypinski, and Mr. Lieb. Those voting nay being none. ITEM 5. NEW BUSINESS There was no new business forthcoming. ITEM 6. ADJOURNMENT The Zoning Commission meeting was adjourned at 7:16 p.m. _______________________________________ _______________________________________ JP Pomnichowski, Chairperson Chris Saunders, Assistant Director Zoning Commission Dept. of Planning & Community Development City of Bozeman City of Bozeman