The Morristown Zoning Board meeting was called to order on Thursday, 
May 20, 2010 at 7:00 p.m. in the Council Chambers at 402 Division Street South by Chairman, Jim Lonergan.   

Present:  Zoning Board Members, Jack Schwichtenberg, Jack Blackmer Mike O’Rourke, Jim Lonergan, Mark Morris, Also present was Becky Kuball, City Clerk, Verdis Flatten, Mike Angelo, Darrel Hopman and Charlie Moline.

Absent: John Byers

Motion was made by Blackmer, seconded by Morris and carried unanimously to approve the minutes of the April 15, 2010 as printed.

Report on City Council Action Taken at Last Meeting: 
Council wants Zoning to look at the nuisance ordinance 92.21 they feel that it covers the unfinished siding, roofs and windows, before we add a permit fee to these projects. Council would like to see what we can address the issues in town that fall under here.

Requests to be Heard: Charlie Moline asked if there would be a problem to renew his permit for one more year. Blackmer questioned if this was the 1st extension. Moline stated this would be the 2nd extension. Morris asked what had been done so far. Moline stated that he had finished the roof and the second story addition. Moline is hoping to have the siding on by the end of the summer. 
Motion by O’Rourke seconded by Blackmer and motion carries to extend the permit for 6 months with a cost of $75 for renewal to the permit.

Darrel Hopman stated that the recommendation by the city council was that we the land owners needed to sit down and discuss the new ordinance that was passed that does not allow farm animals within the city limits. Landowners thought that they would get a written invitation to sit down with the zoning board and city council members in a group discussion. At one of the last city council meetings a city council member tried to make a motion to rescind the ordinance, but was told that, that could not be done. The landowners would have to start from square one and start over with trying to change the ordinance. Hopman presented a 4 page document for an ordinance change Hopman read the proposed ordinance change. Hopman would like a day to meet and discuss this starting point and the action that has already been taken. Find out if this is the way it should be or perhaps there is a situation that we could come to an agreement and modify the situation as it now exists. Hopman was under the impression that there would be a meeting other than at the Zoning meeting to sit down with 5 or 6 people and look this over in an informal meeting. Morris questioned where Hopman had gotten the ordinance, he stated that he got it from several different ordinances and picked through them.  Zoning board will set up a meeting and let Hopman know when that would be. 

Carport definition: Kuball got several definitions for the board. 
Motion by Blackmer seconded by Schwichtenberg motion carries to recommend to the council the definition for a carport as “carports and or structures when added to the principal building shall comply with the setback requirements for the principal structure and when freestanding shall comply with the setbacks and size requirements for accessory buildings. Carports and or structures must be constructed of materials to match the principal building and may not be constructed of temporary materials such as canvas and /or plastic, ect.”

Public Hearings: 

Unfinished Business: 
Zoning ordinances: Morris stated that everyone should look at the proposed ordinance from Hopman before the next meeting. Some questions that came up were who will be in charge of keeping track of animals? Who polices them and makes sure that the manure is being hauled away, and where is it going to be hauled? Who will enforce the ordinances? O’Rourke stated that if the city has to hire someone to come in and do that it is going to cost the city a lot of money. Morris stated we also need to look at future growth of the city. Flaten questioned how well parents control children when they are exploring and safety of children in town if farm animals are allowed, what happens if the child get hurt or bit? Who is responsible, kids will be kids and they are curious. What happens if the animals get out in town, who will take care of it? Morris stated if you look on line at farm animals in town, there is very little on line about it, because they don’t allow them within the city limits.  Morris asked “would we have to set a whole new ordinance on the care of farm animals in town?” 
A non formal committee meeting will be set up on June 10, 2010 at 7 pm in the council chambers between the landowners, zoning members and city council. Kuball will contact Hopman and let him know of the date and he can get the landowners together, and Kuball will contact the city council and see who can attend. Morris and Blackmer will attend from the zoning board. 

Structure definition: Attorney defined a “structure” is anything constructed or erected with a fixed location on the property. Blackmer wants a better definition for the ordinance book. There is nothing in there that states what kind of material it can be constructed of. 152.005 are definitions and we need to modify and add this to the definitions. Zoning wants to add carports to definitions. 

Blackmer will look and see where we could add the ordinance dealing with carports and structures.  Definition for a carport as “carports and or structures when added to the principal building shall comply with the setback requirements for the principal structure and when freestanding shall comply with the setbacks and size requirements for accessory buildings. Carports and or structures must be constructed of materials to match the principal building and may not be constructed of temporary materials such as canvas and /or plastic, ect.”

Motion by Blackmer seconded by O’Rourke motion carries to rescind the motion to send “carports and or structures when added to the principal building shall comply with the setback requirements for the principal structure and when freestanding shall comply with the setbacks and size requirements for accessory buildings. Carports and or structures must be constructed of materials to match the principal building and may not be constructed of temporary materials such as canvas and /or plastic, ect.” to the city council and table it until the next meeting.

O’Rourke questioned what the city council decided on the zoning permit for windows, siding and roofs. Kuball stated they would like them to relook at the recommendation. See what you can do to enforce the issues that we already have in town. The council feels it falls under a nuisance order and could be addressed there, instead of implementing a new ordinance. Administrative fines can be enforced to deal with the issues in town that we have already. Zoning feels the city needs to enforce these issues around town. The ordinance states that the city can appoint someone to enforce these things. It is the police department responsibility to administer the fines.

New Business:

Zoning Permits: O’Rourke questions if we should add a material list to the permit so that there is no confusion as to what the material is that is going to be used.

Motion by Lonergan seconded by Schwichtenberg motion carries to approve all permits for Geisler Permit, Beer Permit, Gauthier as presented.
 

Zoning Administrator’s report: None

Motioned by Blackmer seconded by O’Rourke and carried unanimously to adjourn at 8:50 p.m.
 
 
 
 

Becky Kuball
City Clerk