April 28, 2011
Minutes of Zoning Commission Meeting held on April 28, 2011.
Board members present were Thomas Schwab, Duane Koch, Dean Tjaden and Susan Nelson. Also present were Jeff Sherman-Administrator and Misty Day, Assistant. Roll call of Board members was taken and four (4) of the (5) members were present, with Board member Michael Goddard being absent.
The meeting with NIACOG concerning the changes to the Comprehensive Plan and Ordinance was held first. Joe Myhre and Dan Schroeder from NIACOG were present for the meeting. Farm Bureau representatives, Chuck Souder and Randy Heitz, and the Floyd County Attorney, Norm Klemesrud, were also present for the meeting. Discussion was held concerning the comments made by Farm Bureau’s attorney. A few proposed changes were made to help clear up some of the objections that were made, however, NIACOG felt the other objections did not warrant any additional changes. Discussion was held regarding the Natural Resource Protection and Preservation section of the Ordinance, as Farm Bureau identified that only significant lands were addressed but not sensitive lands. NIACOG added the word ‘sensitive’ to this area as they felt these could be either or. For example, you could have a significant land, a sensitive land, or a significant & sensitive land. The Planning and Zoning Commission was unsure if this proposed addition was sufficient and asked NIACOG to look at this section a little closer. Discussion was had concerning other proposed changes and it was determined that there are some minor changes that still need to be made and once those changes have been made, the next step is to move into the public hearing process to adopt the Ordinance. County Attorney Klemesrud will also be taking a final look at the Ordinance to make sure there is nothing he would object to.
Discussion was then held regarding the proposed By-laws prepared by Assistant Day. Discussion was held regarding the membership term. The new Ordinance had the term as being three (3) years, however, the Boards currently serve five (5) year terms. Assistant Day stated that she talked to NIACOG and there was no real reason to change the term from 5 years to 3 years and suggested that we keep it at 5 years to maintain consistency. Discussion was had regarding the election of officers and determination of regular scheduled meeting days. The example By-laws Assistant Day used had these things occurring prior to the first meeting of the calendar year. Assistant Day inquired weather we wanted to change our procedure from the first meeting of the calendar year to prior to the first meeting and it was determined that the By-laws should be changed to reflect our current procedure. Discussion was had concerning amendments to the Agenda. Member Susan Nelson thought that it would be in violation of the open meetings law to amend an agenda during the meeting, as open meetings law requires 24 hours notice for any action or discussion a Commission or Board is conducting during the meeting. Assistant Day stated that she would check as to weather this was acceptable or not. Discussion was had regarding County staff presentation of the case. Chair Thomas Schwab thought that a general introduction of what was being heard would be sufficient rather then a full fledged presentation, which will actually be done by the applicant. Assistant Day brought up weather a Staff Report being presented to the Commission would be acceptable in place of a public introduction. Member Nelson stated that she was a little uncomfortable with the Staff Reports unless a copy was given to the applicant prior to the hearing and the Report was made public record. Assistant Day asked the Commission to review the Staff Report she had prepared for the next hearing to see if this is something they would like her to do. Assistant Day also confirmed that all records in a file are considered public record and that the Staff Report would actually be made a part of the record during the hearing process. Additionally, the information contained in the Staff Report would also be general information that the applicant would be well aware of. Member Nelson clarified that she had no issue with the Staff Reports so long as a copy was being provided to the applicants. It was determined that Assistant Day would make some changes to the By-laws and that they would be discussed further at the next meeting.
Motion to adjourn the meeting was made by Duane Koch and seconded by Susan Nelson.
Jeff D. Sherman