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DAKOTA COUNTY JOINT PLANNING COMMISSION MINUTES OF TUESDAY, DECEMBER 18, 2007 P/Z OFFICE 1863 N BLUFF RD, HUBBARD, NE
PRESENT: P&Z Members: Joe O’Neill, Jim Jepsen, Gene Cantrell, Dick McNear, Marlan Millard, Donald ‘Neil’ Miller and Martin Rohde. Also in attendance were Jackie Hartnett, Board Advisory Member, Dennis Reinert, Zoning Adminstrator and Joan Spencer, acting secretary. Audience in attendance is on attached sign in sheet. ABSENT: P&Z Members: Dick McCabe and Jim Crosgrove
The meeting was called to order at 7:00 p.m. by Chairman Joe O’Neill. Pledge of Allegiance was recited. Roll Call was taken.
Gene Cantrell motioned, seconded by Jim Jepsen to approve the minutes of the November meeting. All Aye.
Chair O’Neill stated that a Public Hearing was held in November regarding the Conditional Use Permit for the Gary Smith Rodeo. Chair O’Neill opened the meeting to allow for a brief discussion on this issue from the audience.
P&Z Members were in receipt of a Petition with 86 signatures of people who were against a rodeo being held by Gary Smith.
Those that spoke from the audience were: Bev Hoch, Buzz Saw. She stated that if the issue to deny the permit was the drinking and driving, then she would not cater liquor at the rodeo again.
Sue Smith. She asked those against the rodeo to be more tolerant since it was only an inconvenience for one day, 5-10 minutes of driving time, 1-2 rodeos per year, the inconvenience of dust or pulling over for a horse trailer. The rodeo was not advertised those who participated were invited. Not any different from a ball game or something else that might be of interest to you.
Lisa Peterson. Not bothered when having to slow down for extra traffic.
Donald Miller. Stated that he lives on that road and does not want to be inconvenienced by cars, dust or noise.
Bonnie Clayton. She was inconvenienced—almost got run off the road. It will require more maintenance and gravel on the road. There will be a ‘snowball affect’ with the crowds continuing to grow. If liquor is not served, people will bring it in coolers. It is a residential area and Gary Smith replied it was ag land.
Hank Hurley. His concerns were safety, trucks, the condition of the road, adding more traffic to the road and thought there was discussion of 5 rodeos at the last meeting, not 1-2 rodeos. Sue Smith. Three-four rodeos. Gary Smith: Rodeos in May, but not every month. Hank Hurley: Still a lot of traffic. Gary Smith stated he has the right to use the road same as everyone else.
Bob Knudsen: Pointed out that there was a lot of traffic when the Harrigfeld’s held their fish fry’s. Hank Hurley: Did not feel the fish fry’s drew as many people as the rodeo. Bob Knudsen stated there was a lot of people for the fish fry’s.
Sue Smith. An inconvenience for people to deal with only one day and the hours of the rodeo were from 2:00 – 10:30 p.m. and it was over by 10:15 p.m.
Nyla Miller. If the Fair Board is willing to accommodate, we would not have a road problem.
Bob Knudsen: Member of a 29-member 4-H Club and the area was meant for youth and the arena holds cattle. They are a Dixon County Club and would be charged $750 to $1000 to hold a clinic. A food stand would be required.
Joe O’Neill. We have a whole different ball game if you are talking just 4-H Clubs versus a professional rodeo. Becky Irby. Not a professional rodeo because no one is paying a fee to belong. Joe O’Neill asked if there was prize money given? He was told it was not a professional rodeo and there were ribbons given but no money.
Gary Smith. If this was not a Mexican rodeo, so many people would not be against it. Contestants pay an entry fee to participate and that money is split among the winners. Gary stated he charges rent for use of his live stock.
Joe O’Neill. A Conditional use Permit is still needed and he didn’t feel there was any prejudice involved. His concerns were concessions, rest rooms, first aide, liability insurance and the noise level of the music. Gary Smith addressed his concerns by stating rest rooms were provided, he had liability insurance and the music ended at 10 p.m.
Tim Monahan. He could hear the music, but that was not a problem to him. The road traffic was a concern and the cost of a broken windshield—meeting a trailer on a rough road.
Chair O’Neill stated a recommendation was tabled to this meeting to address legal concerns regarding the easement used to get to the rodeo. He read the following letter from County Attorney, Ed Matney: 18 December 2007
County Planning Commission c/o Mr. Joe O'Neill, Chair 1863 North Bluff Road Hubbard NE 68741
Dear Commission Members:
Dennis Reinert contacted me concerning Gary Smith's request for a conditional-use permit. Mr. Reinert verbally requested that I look into the issue of how an easement (or easements) would impact the County Planning Commission's decision on whether to issue a conditional-use permit. I have not been able to review Mr. Smith's actual written application; Mr. Reinert indicated today that he believed that the application had been misplaced.
An easement, in general terms, gives permission for one party to use real property owned by another party. Easements are typically for limited purposes (e.g., to provide access to another property or to allow for water flow). As such, easements are generally the concern of the owners of the real property to which the easements pertain. For example, if John Doe owns property that William Brown travels across to reach Mr. Brown's own property, there likely exists an easement for that purpose. If a dispute arises concerning the easement, that dispute would normally have to be resolved in court in a lawsuit between John Doe and William Brown.
While a County Planning Commission can consider the fact that there are easements involved and can hear testimony from the property owners affected by the easements, the mere existence of an easement would not block someone from seeking a conditional-use permit. The County Planning Commission must analyze all of the information and make its decision accordingly. As I mentioned earlier, I have not been supplied a copy of the actual application for a conditional-use permit in this case. However, I suspect that the application seeks a permit under Section 610.3 of the zoning ordinances.
Section 610.3 states that, in order for a conditional-use permit to issue for one of the activities listed therein, the County Planning Commission must make a finding that the proposed activity's "mode of conduct and location will not hinder the enjoyment and use of nearby properties and will not disrupt the appropriate use of land and resources of the County." This focus provides the County Planning Commission wide latitude in the issues it can consider prior to making a decision to grant or deny a conditional-use permit. Certainly, one of the factors the County Planning Commission may consider is an easement; however, the inquiry should not stop there. The County Planning Commission should attempt to get as complete a picture as possible regarding the mode of conduct and location of the proposed activity, the feelings of nearby property owners (whether or not they are affected by easements) about the proposed activity, and the potential for disruption of land and resources of the county by the proposed activity.
I hope this information is helpful. If you have any questions, please feel free to contact me. Thank you.
Sincerely, Edward H. Matney III Dakota County Attorney
Motion by Donald Miller, seconded by Dick McNear, to convene into executive session regarding possible litigation. All aye -- 7:30 p.m.
Gary Smith stated he thought Neil Miller should not participate in the executive session since he was against the rodeo. Mr. Miller stated that P&Z was a geographically diverse group and he was entitled to vote.
Motion by Martin Rohde, seconded by Dick McNear to reconvene to open session. All aye – 7:45 p.m.
Jim Jepsen motioned, Gene Cantrell seconded, to recommend to the Board of Commissioners that they deny Gary Smith a Conditional Use Permit to hold a rodeo. Roll Call Vote: Cantrell- yes; McCabe – absent; McNear – yes; Crosgrove – absent; Millard – yes; Miller – abstain; Rohde – yes; O’Neill – yes, Jepsen – yes. Motion carried.
Chair O’Neill reiterated that this was a recommendation only and the Board of Commissioners would make the final decision at the December 31st meeting.
Chair O’Neill thanked everyone who attended and stated their view on the rodeo.
Gary Smith asked on what point was the decision made? Jackie Hartnett stated discussion in executive session could not be revealed.
Dennis Reinert asked if any members would be willing to forego their $15 meeting attendance fee and stated they would still get their mileage.
Jim Jepsen motioned, Gene Cantrell seconded, to adjourn the meeting. All aye. – 7:53 p.m.
Respectfully submitted, Joan Spencer
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