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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 8/21/2014 Page 1 of 6 ZC Planning and Zoning Public Hearing and Meeting – August 21, 2014 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING AUGUST 21, 2014 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Jardine, Pocernich, Rondeau and Strand – all present. Bussey - Absent Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike Furtak-AZA, and Krystal Hagstrom - Secretary. 3. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the July 17, 2014 meeting. Jardine motioned to approve, Pocernich seconded. No further discussion. Motion carried. 4. Review of Meeting Format – Chairman Rondeau explained the procedure of the meeting. He asked everyone who wished to speak to fill out a form; and stated they will be asked to come forward and speak into the microphone. 5. Public Comment – relevant affairs to be addressed towards Planning and Zoning Committee [ 3 minutes per citizen] 6. Previous Business: A. Scott Johnson (Eileen) – used car sales/light repairs (i.e. brakes, tires, etc.) (postponed 7/17/14) [a 30-acre parcel (Tax ID #16134), described as PCL in SE ¼ of the SE ¼ Section 35, Township 47 North, Range 5 West, Town of Eileen, Bayfield County, WI] Schierman explained at the last meeting there was no town board approval. Since then the town has heard the applicant at their town comprehensive plan meeting and also town meeting and sent some suggestions to the department. No other letters of support or opposition. Rondeau asked if there were restrictions from the town. Schierman answered yes, they are as follows: 1] the current access road to the existing building and parking lot is not located on the property. The access road should be moved to within the boundary of the subject property or an easement or land acquisition is required. Schierman added that Mr. Johnson has supplied the department with the recorded deed for the easement to the property. 2] The current building must be in compliance with the current edition of the WI Commercial Building Code. 3] The access road to commercial property must have a 40 foot culver at the Highland Road intersection per town ordinance. Jardine motioned to approve, that it meets the comprehensive plan and town board approval and meets the development for low impact business in the area. Pocernich seconded, added that the safe and healthy condition by moving the driveway, the topographical features with drainage, and location of the site to Page 2 of 6 ZC Planning and Zoning Public Hearing and Meeting – August 21, 2014 future access roads. Croonborg-Murphy added the access to the property is over the neighbor’s property and there is a recorded easement as of today so that condition has been satisfied. There are some photos on file (passed photos to Committee) there is a 200 by 80 black top parking lot. There is a possibility that a small corner of the lot is not on this property. There is some storage of logs and possible vehicles on the neighbors as well. Spoken with Mr. Johnson that this would be explained to the Committee and would be required to be removed and this permit is only for this property. Strand asked that given those conditions then is there a setback issue. Croonborg-Murphy there is no setbacks to property lines for the paved driveway. The building meets setbacks and meets setbacks to waterway. Once material is moved that would ease any concern that she has about being to close to the waterway. There is no setback issue it is a matter of that this permit is for Mr. Johnson’s property only. When you drive down the street you would never know that any of this is even back there. Has not disturbed the residential nature of the neighborhood, and it is forested. Rondeau asked Johnson if he had problems with the conditions and the reply from Johnson was no. No further discussion. Motion carried. B. A petition by Robert Schierman, Director of Planning and Zoning, on behalf of the Bayfield County Planning and Zoning Committee, requesting amendments to the Bayfield County Zoning Ordinance including the following: Section 1. Section 13-1-107 [Uniform Dwelling Code (UDC) Regulations] of Article F [Administration and Enforcement] of Chapter 1 [Zoning] of Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby created to read as follows: Sec. 13-1-107 Uniform Dwelling Code (UDC) Regulations. 1.1 AUTHORITY. These regulations are adopted under the authority granted by §. 101.65 Wisconsin Statutes. This ordinance shall apply in any municipality without a Uniform Dwelling Code enforcement program. 1.2 PURPOSE. The purpose of this ordinance is to promote the general health, safety and welfare and to maintain required local uniformity with the administrative and technical requirements of the Wisconsin Uniform Dwelling Code. 1.3 SCOPE. The scope of this ordinance includes the construction and inspection of one- and two- family dwellings built since June 1, 1980. Notwithstanding s. DSPS 320.05 or any other exemptions of the Uniform Dwelling Code, the scope of this ordinance also includes the construction and inspection of alterations and additions to one- and two-family dwellings since before built since June 1, 1980. 1.4 WISCONSIN UNIFORM DWELLING CODE ADOPTED. The Wisconsin Uniform Dwelling Code, Chs. DSPS 320-325, and its successors, of the Wisconsin Administrative Code, and all amendments thereto, is adopted Page 3 of 6 ZC Planning and Zoning Public Hearing and Meeting – August 21, 2014 and incorporated by reference and shall apply to all buildings within the scope of this ordinance. 1.5 BUILDING INSPECTOR. There is hereby created the position of Building Inspector, who shall administer and enforce this ordinance and shall be certified by the Division of Professional Credential Processing, as specified by Wisconsin Statutes, Section 101.66 (2), in the category of Uniform Dwelling Code Construction Inspector. Additionally, this or other assistant inspectors shall possess the certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing. (NOTE: Contact the Division of Professional Credential Processing at (608)266-2112 for certification information.) The Building Inspector shall be appointed by the County Board Chair and confirmed by the County Board, and shall serve at the will of the County Board. The position may be filled by contracting with an independent contractor, either an individual person or other legal entity. 1.6 BUILDING PERMIT REQUIRED. If a person erects, rebuilds, structurally alters or converts a building in excess of 150 square feet in any twelve month period, or builds or installs a new building, within the scope of this ordinance, they shall first obtain a building permit for such work from the building inspector (excepting re-siding, re-roofing, finishing of interior surfaces and installation of cabinetry shall be exempted from permit requirements). Any structural changes or major changes to mechanical systems that involve extensions shall require permits if over the forgoing thresholds. Restoration or repair of an installation to its previous code- compliant condition as determined by the building inspector is exempted from permit requirements. 1.7 BUILDING PERMIT FEE. The building permit fees shall be determined by resolution and shall include the applicable fee per Ch. DSPS 302 to be forwarded to the Wisconsin Department of Safety & Professional Services for a UDC permit seal that shall be assigned to any new dwelling. 1.8 PENALTIES. The enforcement of this section and all other laws and ordinances relating to building shall be by means of the withholding of building permits, imposition of forfeitures and injunctive action. Forfeitures shall be not less than $25.00 nor more than $1,000.00 for each day of noncompliance. 1.9 EFFECTIVE DATE. This ordinance shall be effective ________________, upon passage and publication as provided by law. 1.10 THE BUILDING INSPECTOR(S) shall keep a log of all inspections completed. Schierman stated this is language so the County can contract for UDC, instead of using the state assigned contract. There were some concerns about enforcement and who would be responsible. It would be the responsibility of the municipality. We request that the defendant pay court costs if they are found guilty of being in violation. It should not be the tax payers that pay. Request that the defendant pay our court costs if found in violation. We shouldn’t have to subsidize seeking compliance on the shoulders of the tax payers. Seeking the Page 4 of 6 ZC Planning and Zoning Public Hearing and Meeting – August 21, 2014 legal fees back through the judgment against that person, if we lose that fight then we will pay the costs. Rondeau asked if there was anyone that expressed interest. Schierman stated that Mr. Price may be interested but have not solicited bids yet. Rondeau stated that if there are no bids then the state will still enforce UDC. Jardine asked for clarification, if the town already has a contract with an inspector they can still keep that inspector. Schierman explained that is correct otherwise the town can change that with a resolution. There has also been a question about fees, the state portion of fees collected is $30 and the rest goes to the agency. There would be no fees through the County. Rondeau stated that if someone is going to come in then the County should not have to supply them with an office space. Schierman stated the Town of Russell expressed a concern and a desire for a performance standard and that is already included in how fast the inspector responds to a request for an inspection which he believes it is 36 hours. Strand asked, in Schierman’s opinion, will this improve service to the citizens. Schierman answered yes, it would provide consistency, and the County could choose an agency that is professional. Strand asked what the cost difference was to the customer with this route verses the current one. Schierman said that there could be cost savings if there was someone that was more local. Rondeau asked how many inspections from start to finish. Croonborg-Murphy answered 8 or 9. If you start with one inspector you have to end with that same inspector. Strand asked if each agency had their own fee schedule. Schierman answered yes each agency has their own fee schedule. They are contracted by the state and assigned to the towns. They are not state employees. With this language the County is looking to take over the contracting, and hopefully have some influence over the fees. Bussey sent forward some language, in section 1.5 The Building Inspector shall be appointed by the County Board Chair and confirmed by the County Board, and shall serve at the will of the County Board. The position may be filled by contracting with an independent contractor, either an individual person or other legal entity. There is a typo in section 1.3 where it reads “the scope of this ordinance also includes the construction and inspection of alterations and additions to one- and two-family dwellings since before June 1, 1980”, “since before” should be struck and “built since” should replace it. Jardine motioned to approve, Strand seconded. Jardine added with the suggested changes. Ables-Allison added that his signature should be added along with the County Board Chair. Jardine stated that is ok with his motion. Strand seconded. No further discussion. Motion carried. 7. Other Business: C. Discussion and possible action on 2015 budget Schierman stated he presented the Committee with the draft budget. There are two budgets, one for BOA and one for Zoning. For the 2015 Zoning budget to take in $185,000 in permit fees. Which would be up $5,000 from 2014. There are couple different project and would like to move two of those from a different line in the budget and keep two in the current budget line. This boils down to in 2014 approved for $419,926. Proposing for 2.7 increase for 2015 ($431,000). There is $20,500 in projects, can move these to capital expenditures which are a onetime expense. These projects are a scanning system and phase 2 of the on-line application. The others are mapping of the County nonmetallic mining pits. The Page 5 of 6 ZC Planning and Zoning Public Hearing and Meeting – August 21, 2014 department takes in $23,900 in permit fees and that would pay for the mapping. There are also comprehensive plan updates that need to be done. Jardine motioned to approve and move to executive committee. Strand seconded. No further discussion. Motion carried. D. Committee Members discussion(s) regarding matters of the Planning and Zoning Department Schierman stated he is working on developing a contract for UDC. E. Discussion and possible action on department director position / compensation 8. Motion to move into closed session F. Majority vote G. Chairman Rondeau announces the nature of the business: The Bayfield County Planning and Zoning Committee may entertain a motion to move in and out of Executive Session pursuant to 19.85(1)(c ); (c ) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction r exercises responsibility. Motion made by Pocernich, seconded by Jardine @ 4:28 PM to go into Closed Session to discuss personnel matters in accordance with 19.85 (1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. Motion Carried 4/0. Abeles-Allison reviewed the draft job evaluation form together with wage compensation history for Rob with the committee. Discussion followed. Bussey joined meeting Pocernich motion to recommend a step increase from the current level 8 to a seven or higher for Rob to the Personnel Committee, noting Robs superior performance and accomplishments over the past two years. Jardine seconded. Motion carried. Rob was invited in. The committee shared feedback with him and the direction they would be taking. 9. Motion to move out of closed session: H. Majority vote Motion made by Pocernich to move out of Closed Session @ 5:12 pm; seconded by Bussey. Motion Carried 5/0. 10. Reconvene in Open Session Page 6 of 6 ZC Planning and Zoning Public Hearing and Meeting – August 21, 2014 I. Possible action on department director position / compensation 11. Monthly Report Schierman stated that the department is at 222 land use permits and was at 221 last year. 66 sanitary permits through July of 2014, last year were at 72 and $2872.56 above in revenue. Pocernich motioned to receive and place on file, Bussey seconded. No further discussion. Motion carried. 12. Adjournment Rondeau called adjournment at 5:13 pm. Prepared by KMH on 8/22/14; given to RDS 8/22/14 Approved by RDS on 8/28/14 Final Approval on 9/18/14 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2014/#8 August