Government : BOARD OF SUPERVISORS MEETING Minutes 10/11/11

The Benton County Board of Supervisors met in regular adjourned session with Supervisors Buch, Vermedahl, and Sanders present. Chairman Buch called the meeting to order at 9:00 a.m. Moved by Vermedahl, seconded by Buch, to approve checks numbered 131770 through 132084, and ACH deposits numbered 12415 through 12531, for payment. All members voting aye thereon. Motion carried. Acknowledge the landfill account balance as of September 30, 2011 to be $35,995.01. Moved by Vermedahl, seconded by Sanders, to set Tuesday November 8, 2011 at 9:15 a.m. for a land use hearing for Scott and Cheryl Atwood for part of the SE1/4 of the SW1/4 of Section 23-83-11. Voting aye were Sanders, Vermedahl and Buch. Nays none. Motion carried. Moved by Sanders, seconded by Vermedahl, to acknowledge the resignation of Sherri McGowan, due to retirement, effective October 20, 2011. All members voting aye thereon. The Board extends their appreciation to the many years of service McGowan has provided to Benton County. Motion carried. The time of 9:15 a.m. having arrived, and this being the time and date set for a public hearing on a land use change requested by Dusty and Stacy McShane, the board took up the matter for consideration. Stacy McShane was present. Marc Greenlee presented the technical information in accordance with the Benton County Agricultural Land Use Preservation Ordinance. The applicant is requesting a change to allow for the construction of a new nonagricultural use for a single residential structure on approximately 3 acres of their existing 16 tillable acres. The ground has an average CSR of 24 with 3 different soil types. Greenlee advised that a well and septic system would be needed. The driveway met the criteria needed and the adjacent property owners along with the newspapers were notified. Upon hearing no further discussion, the chair declared the public hearing closed. Moved by Sanders, seconded by Vermedahl, to approve the request for a land use change from agricultural to non-agricultural on approximately three acres for a residential purpose on a parcel generally described as being a Part of the NE1/4 of the SW1/4 of 23-83-11. All members voting aye thereon. Motion carried. The board received a brief update on Genesis Development from Terry Johnson. The organization has been working steady serving 12 clients in both Vinton and the Belle Plaine area. Continued discussion about the parking lot to the law enforcement center and wiring issues and other issues with Change Order #20. The matter was placed on the next agenda for further discussion. Moved by Vermedahl, seconded by Sanders, to pay Kleiman Construction’s retainage relative to Accurate Controls for the work done on upgrading equipment, when we receive the licensing in the mail and know it is all final. All members voting aye thereon. Motion carried. Jerry Petermeier updated the board on the lawn of the law enforcement center. Belle Plaine Nursery would like to wait until the spring to come put the final touches to the lawn since its getting a little late in the season and feels they can do a better job then. Moved by Vermedahl, seconded by Sanders, to approve the recorder’s quarterly report for the period ending September 30, 2011. All members voting aye thereon. Motion carried. Moved by Vermedahl, seconded by Buch, to suspend the tax on parcel number 240-87350, pursuant to Iowa Code 427.9. All members voting aye thereon. Motion carried. Moved by Buch, seconded by Sanders, to recess until 6:30 p.m. All members voting aye thereon. Motion carried at 11:15 a.m. __________________________________ Ronald R. Buch, Chairman ATTEST: ___________________________________ Hayley Rippel, Deputy Auditor The Board was reconvened at 6:32 p.m. in the GIS Room, located in the basement of the courthouse, with Supervisors Vermedahl and Buch present. Supervisor Sanders arrived later. The meeting was a joint meeting with the Benton County Zoning Commission. Zoning Commission members present were Jim Hodgson, Nancy Jensen, Larry Koster, Larry Beatty, and Ranae Becker. Supervisor Ron Buch explained to everyone that there was an issue with the current land use that does not allow existing businesses to expand if the land has a CSR higher than 70. Marc Greenlee presented proposed changes to the ordinance and those changes were discussed. The present ordinance states: ARTICLE VI NONCONFORMING USE PROVISIONS SECTION 1. INTENT – Within the Agricultural Land Use District, established by this Ordinance, there exists structures and use of land which were established and lawful prior to the adoption of this Ordinance. Such uses are now subject to the provisions of this Ordinance. This Ordinance recognized these non-conformities and will permit them to continue until they are removed or abandoned. This section will prescribe when permission approval procedures and compliance permit approvals are required. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which construction was lawfully begun prior to the effective date of adoption of this Ordinance. SECTION 2. PERMISSION APPROVAL PROCEDURES REQUIRED – The following instances require that the County Board review the development in accordance with Article V, Section 3, “Permission Approval Request Procedures”, of this Ordinance: 2.1 The enlargement or extending of a nonconforming use of land to occupy additional lot or parcel are beyond the lot or parcel occupied by the use at the time of adoption of this Ordinance must be approved. 2.2 If any such nonconforming use of land ceases or is discontinued for a period of more than three (3) years, any re-establishment of the previous use or any new use must be approved. 2.3 The change in use of land must be approved, unless such use is a principal permitted use of the Agricultural Land Use District. DRAFT OF PROPOSED AMENDMENT TO SECTION 2. 2.1 2.1 The enlargement or extending of a nonconforming use of land to occupy additional lot or parcel area must be approved unless the use is determined by the Administrative Officer to be a service essential to the agricultural production of food and fiber. Uses that may be enlarged or extended to additional lot or parcel of land irregardless of CSR ratings include an agricultural implement and equipment sales and service business, an agricultural feed, seed and fertilizer business, an agricultural building sales and construction business, an agricultural seed processing and storage facility, and an agricultural research and development facility. Moved by Larry Koster, seconded by Larry Beatty to change the proposed amendment to the following: 2.1 The enlargement or extending of a nonconforming use of land to occupy additional lot or parcel area must be approved unless the use is determined by the Administrative Officer to be a service essential to the agricultural production of food and fiber. Uses that may be enlarged or extended to additional lot or parcel of land irregardless of CSR ratings include an agricultural implement and equipment sales and service business, an agricultural feed, seed and fertilizer business, an agricultural building sales and construction business, an agricultural product(s) processing and storage facility, a veterinary medicine facility, and an agricultural research and development facility. All members voting aye thereon. Motion carried. Public hearing date of November 1, 2011 at 6:30 p.m. was set to review the amendments to land use ordinance. Moved by Sanders, seconded by Vermedahl, to adjourn. All members voting aye thereon. Motion carried. __________________________________ Ronald R. Buch, Chairman ATTEST: ___________________________________ Brenda Sutton, Deputy Auditor