HomeMy WebLinkAboutJJCMinutes_2018_08_22Minutes of the Joint Jurisdiction Committee
08/22/18
Chairperson Mary Kidwiler called the meeting to order. Committee members Kidwiler,
Mike Struck, Robert Hill, Lee Ann Pierce, Duane Knutson, Mike Bartley, Ope Niemeyer,
Darrell Nelson, Al Heuton, Robert Hexum and Scott Mohror were present. Luke Muller
and Tom Nealon with First District Association of Local Governments, Brookings County
Commission Department Director Stacy Steffensen and Brookings City Manager Paul
Briseno were also in attendance.
A quorum was determined to be present.
Hill moved/Heuton seconded that the agenda for the August 22, 2018 Joint Jurisdiction
Committee meeting be approved as presented. Motion carried.
Knutson moved/Hexum seconded that the minutes from the July 18, 2018 Joint
Jurisdiction Committee meeting be approved as presented. Motion carried.
Struck provided an update on the mining subcommittee. He said a draft of the mining
ordinance was sent to a number of mining companies and that was followed up with a
meeting where they received feedback and suggestions. Struck said they are now
taking that information and updating the draft document which will go back out for
comments and then will be brought to the Joint Jurisdiction Committee.
Muller reviewed the administrative review process. He said a separate Board of
Adjustment can be appointed for the joint jurisdictional area, but there cannot be a
separate Planning Commission.
The group reviewed the proposed makeup of the Board of Adjustment, which would
include one member from the city’s Planning Commission, one member from the
county’s Planning Commission, one elected official from both the city and county and
one at-large member who resides in the joint jurisdictional area.
The committee also discussed the appointment process to the Board of Adjustment. By
consensus, the Planning Commissions will nominate one of their members and that
member will be confirmed by both the City Council and County Commission. The City
Council and County Commission will appoint their elected official. And the at-large
position will be selected by the four members of the Board of Adjustment and confirmed
by the City Council and County Commission. It was determined that two alternates
would also be appointed; one from each Planning Commission. And it will be the
recommendation from the committee that this be an unpaid board.
The group discussed meeting times and how often this new board may need to meet. It
was determined that the Board of Adjustment for the joint jurisdictional area will hear
conditional use permit requests, variance requests and appeals for property located in
this area. Heuton said they can reduce the number of requests by how the ordinance is
drafted.
Muller reviewed several examples of how the flow of the administrative process would
work.
The committee discussed the definition and requirements for a business to be
considered “home based.” The recommendation is that the business be located on the
same parcel or legal description as the home site.
Pierce said the transferability of conditional use permits will need to be discussed at a
future meeting.
In discussing what could be permitted in the areas zoned as ag in the joint jurisdictional
area, Muller said a large grain-holding facility, for example, could be built relatively close
to town. Heuton suggested having separate ag districts with different rules and
regulations to help alleviate this type of issue. Muller said he has seen tiered ag
districts where they handle issues differently as they get closer to town. Kidwiler said
they aren’t going to be able to draft an ordinance that will have an answer for every
possible scenario.
Muller said they will need to discuss well-head protection areas, but he would like the
utilities represented at that meeting. Muller distributed draft comments from Brookings
Municipal Utilities and East Dakota Water Development District, and a draft from
Brookings County regarding well-head protection areas.
Muller reviewed the remaining timeline and hopes to have a draft of the ordinance to the
committee by the end of October. Pierce said the committee should have a very
complete ordinance drafted prior to sending it on to the Planning Commissions.
The next meeting was scheduled for Wednesday, September 26, 201 8 at 9:30 AM.
Struck moved/Hill seconded a motion to adjourn. Motion carried.
Submitted by Stacy Steffensen
Brookings County
Commission Department Director