Minutes of the Richland County Zoning & Land Information Committee

Monday, May 6, 2013

 

Item #1            CALL TO ORDER The Zoning & Land Information Committee meeting was called to order by Chairman Rasmussen at 9:00 am. Those present or who signed up to speak were Jerry Edwards, Mark Shepard, Odis Tinder, Tom Slawson, Travis Egge, Kim Jakubowski, James Robb, Virginia Wiedenfeld, Larry Sebranek, Marilyn Marshall, Jim Lewis, Bob Holets, Barb Scott, Jason Marshall, Paul Klawiter, Connie Champnoise, Mike Bindl with Cheryl Dull taking minutes.

 

Item #2            Approve agenda and publication Moved by Marilyn Marshall to approve the publication as posted and agenda, 2nd by Virginia. Motion carried.

 

Item #3            Approve minutes of the MARCH 4th meeting  Hearing no changes to the minutes Chairman Rasmussen declared them approved as presented.   

 

Item #4            Jakubowski petition   to rezone 12 acres from Agricultural/Forestry to Agricultural/Residential in Section 29 of Town of Akan. Kim stated the Certified Survey isn’t done yet, she thought they would end up with less acreage. Mike explained the map which jogs because of the fields that the line if following. Moved by Larry Sebranek to approve petition and send to County Board on May 21st @ 7:00 pm, 2nd by Marilyn. Motion carried.

 

Item #5            egge petition  to rezone 10.175 acres from Agricultural/Forestry to Agricultural/Residential in Section 30 of Town of Forest. The farm has a total of 154 acres. He wants to split off 10 acres for the mortgage with the remaining staying in Agricultural/Forest. Mike talked about the map he handed out with the area to be rezoned marked off. Bob questioned why 10 acres. Travis stated that he figured out what they would benefit from with the partnership keeping the rest of the acreage. Bob had concerns that a 2nd house could be built without a restriction. Mike has already prepared a deed restriction of which Travis had no objection to. Moved by Bob to approve with a Deed Restriction and send to County Board on May 21st, 2nd by Virginia. Motion carried.

 

Item #6            New Forest Limited Partnership & Hill petition  to rezone 5 acres from Agricultural/Forestry to Industrial and a petition of New Forest Limited Partnership & Edmund Hill to rezone1.9 acres Agricultural/Forestry to-Residential-2 in Section 36 of Town of Forest. Mark presented they purchased this in 1994 and have planted a lot of trees. He stated during this process a neighbor has obstructed a lot of the process which he has brought the recording including those from the Sheriff’s Department. The cider business is expanding to require more employees other than family members. Mike showed the survey of the property which shows land to be sold to Edmund Hill that has Edmunds septic on it. Mark stated with this rezone, it would not allow Slawson to continue to file lawsuits, but will be limited to 2 employees. Mike read the conditions of a prior approval, after that there was a hearing that went to the BOA for a dispute resulting in an agreement being made of what can be allowed on a Family Farm Business. Mark questioned why a farm could hire more than 2 non-family members but he couldn’t? Bob ask if anyone else is here for this petition. Tom Slawson is present and stated he has concerns over his land. He proceeded to quote federal laws and his concerns about his lands. Mark stated there was a referendum in his township that passed by the majority of the votes concerning his wine sales. Bob question why farms can have workers not related to the family? Mike read the ordinance that concerns employees.

Moved by Bob to approve the sale of the 1 acre to the neighbor, 2nd by Virginia, motion carried. Mark will be coming before the BOA to request a variance to have more than 2 non-family employees and for a variance for 35 acres in Ag/Forest to 3.5 acres.

 

Item #7            Rezone of Edwards property in Ithaca Township  Virginia presented Mr. Edwards wants to split his land into 2 parcels. Ithaca Township has approved. A part is to be sold soon which has no buildings. Moved by Marilyn to approve, 2nd by Jim. Virginia abstained from voting. Motion carried.  

 

Item #8            Cemetary Plat for the City of Richland Center approval  James Robb is representing the City of Richland Center. He stated a draft was done by a gentleman from by Desoto. At that point they started burying people. He discovered that a cemetery needs to be approved by the County and the City of which the County was never completed. James presented the existing plat from the 1940’s. Moved by Virginia to approve and send to County Board, 2nd by James. Motion carried.

 

Item #9            MSA contract and bill  Barb presented that the MSA contract that was approved was very specific. During the project IT didn’t need to be involved and no one spearheaded the project. Unfortunately, ½ ways through the project the contract was changed without anyone approving it. The difference is it is not hosted on our local server; it is hosted on MSA’s server. Barb stated we have upgraded our server to host the application and we would do our own maintenance. Barb recommends that the contract be amended to what was actually and pay the bill. Barb stated Lynn amended the contract. Mike stated Lynn did not have a copy of the contract when talking to Scott and agreed it worked better the way it is set up. Jason stated that the changes were made because of how it pulls up the documents; Lynn can still log into their server and make the changes so there is no problem.

Barb recommended to remove internal application, removed work with IT staff and remove all of Task 2. Paul presented this whole thing has been confusing for him. Paul understood this project was not related to the corner database project. It was presented as a remote access project. If you go back to the minutes, it says nothing about the corner database project. He thought the section corner database project was done and found out it wasn’t. He thought all this time, as it was present to the committee, that is was for remote access. Paul thought this would be for someone like Matt to remote in to work on the corner project along with other departments to remote in. Barb stated she was 90% sure the contract was provided to all board members and is not sure where the “remote access” wording came from when the contract very clearly stated PLSS.

If we move the application to internal, we will have to open a portal to access Register of Deeds documents.

Jason stated the ultimate end goal, this project does what we wanted it to do but not what we expected the end result to be. He was hoping that other departments could benefit from what is out there but could not be done in one project anyway.

Richard stated that we have so many different projects that are not coordinated well and everyone does their own thing. Bob ask from Mike and Barb if we don’t pay Task 2 what will the fall out be. Mike asked when did the bill come? Paul stated the bill is dated February 1. Bob questioned why we didn’t see the bill in March? Paul stated because the bill did not match what he thought it was suppose to be for and wanted to know what happened with what we thought we were suppose to get, so the Land Information Committee had to meet to discuss what to do about it.

Mike stated the project was for Matt who is only here 2 hours a month. Lynn was communicating between Matt and MSA and was trying to make the project work. Mike explained when talking with Lynn about it, she stated when they were working on it they couldn’t make it work unless it was on MSA’s site.

Barb then stated if it comes internal, IT staff doesn’t have time to work on it and if something goes down on it, it will not be priority to fix. Bob questioned with MSA hosting, will our annual fee go up? Moved by Virginia to amend the contract to remove internal and Task 2 and pay the bill contingent upon MSA stating in writing that the annual fee will not go up because of it hosting the PLSS application, 2nd by Bob. Motion carried.

 

Item #10          upgrade of sql on server  Paul presented we knew about it last year. This is for the Register of Deeds, Property List, and Treasurer. They were told they should upgrade the SQL Server software. They budgeted for it $2858.35 for 10 licenses of SQL for $1999.30, which are concurrent and 1 SQL 2012 standard for $859.05 from JComp. Moved by Bob to approved, 2nd by Larry. Motion carried.

 

Item #11          pay bills  Paul presented Matt’s bill for $315.00. Moved by James to pay the bill, 2nd by Marilyn. Motion carried.

 

Item #12          data sharing-dot  Mike stated Lynn received a request from the DOT for the new Hwy 130 bridge. The DOT was able to go to our website to get the info they needed this time but this may come up in the future and if we give them information they will provide us information back.

 

Item # 13         zoning ordinance   Mike stated that land split caused by the road has been questioned a lot more recently and are causing some issues. Harriet’s interpretation was that that was a legal split. A realtor recently called stating that this was Harriet interpretation and realtors have gone by this for years and they have sold properties that way. Mikes interpretation is it is illegal and at the least this realtor is not happy and may be calling the committee members. Mike presented to the committee why there are so many non-conforming lots coming up explaining that Harriet had presented to the office that if an undersized parcel is sold and it doesn’t have buildings on it, it is legal until it is built upon, then it is illegal and needs to be rezoned. Bob ask how do we change it? Mike stated that if it is non-conforming at the sale it is illegal and should be treated as such. Mike suggested that anything under 35 acres require a CSM, and then they would be caught and rezoned at time of split.

Mobile Home vs. Manufactured Home – We currently have someone who wants to bring in a mobile home for her mother to live in to help her on the farm but also in a separate residence so she can be independent and she can keep an eye on her. In Ag/F it can be done, in R-1 a conditional use permit required. In talking the UDC inspector the date of difference is 2007. Mike questioned, is a conditional use permit required for Ag/F? Larry’s concern is sometimes once it gets there, it never leaves.

 

Item #14          FINANCIAL INSURANCE FOR MINERAL EXTRACTION   Bob ask to have it added to the agenda. Mike stated the reclamation fees were reviewed in 2011 by Ken Anderson but he is not sure when it was changed last. Bob read a quote from the State Statutes concerning reclamation costs and plan. He questioned if we are requiring what it would actually cost? Mike provided the members with a list of quarries active and inactive. Mike presented bids from other counties for reclamation. Mike recommended a possible increase in fees because most contractors will pay the fee and tell you to do the reclaiming. We must provide them a 90 day notice of the increase. Moved by Bob to table until next month, 2nd by Larry. Motion carried.

Connie Champnoise is present to invite the Committee to an Informational Meeting concerning Frac Sand at Pippin Hall at the Campus.

Larry requested a sample of a reclamation plan brought to the next meeting.

 

Item # 15         REPORTS   None

 

Item # 16         ADJOURN   Motion to adjourn at 11:25 by Bob Holets, 2nd by Virginia Wiedenfeld.

 

Minutes respectfully submitted by Cheryl Dull.