Fairgrounds rezoned Agricultural

After tabling the application during last month’s meeting, the City of Sidney Planning Commission approved the rezoning of the Cheyenne County Fairgrounds from a single family residential zone, or R-1, to Agricultural.

The Cheyenne County Board of Commissioners had approved zoning change during their March 7 regular meeting. However, County Attorney Paul Schaub said at the time that while the county fairgrounds are technically outside of the city limits, there is a rule in place under the zoning regulations where property within a two-mile buffer are subject to city zoning regulations.

The item was brought to the city’s planning commission on March 21, but was tabled to allow city administration time to gather more information.

Sidney Zoning Administrator Ben Dayton addressed the commission’s three main questions from the previous meeting.

The first question regarded residence on the property. Dayton said that would still be allowed.

“Single family is allowed in an agricultural zone, and they (the county) would have the right to rent to whomever they would like,” Dayton said.

Regarding the commission’s concerns about the RV camper site, he said it is only utilized during the county’s fair and rodeo and Oktoberfest, and by employees during those events.

The final question focused on the the septic system at the fairgrounds. Dayton said septic is allowed in the area because the fairgrounds is “far enough away from any available sanitary sewer.”

“And the tank, as best as I can tell, is in compliance with the state and it shows no sign of failing,” he said. “We would be happy with it.”

County Attorney Schaub also answered questions from the commission. He said the septic tank is part of a leach field, and is used primarily for the larger events at the fairgrounds.

As far as monitoring the fairgrounds, Schaub said there is a sheriff’s deputy who acts as caretaker at the fairgrounds in exchange for living on the site.

“Historically, it’s been the practice of the county to have a county employee occupy that residence in return for their services as caretaker,” he said.

Schaub also addressed the limited use on the fairground’s RV sites. He said the county commissioners had asked him to look into it, and their insurance company advised that they limited their liability exposure by having the sites available during authorized county events.

“We were just assuming too much liability,” he said.

The commission asked about construction for the new livestock exhibit building that is already underway at the fairgrounds. Dayton said the city had already granted them the permit.

Vice Chairman John Phillips expressed concern about the permit being granted before the rezoning was approved.

“It puts a risk and liability,” Phillips said. “I mean, they’re under construction, and that was a month ago. And they were under construction before the first meeting. I understand that you (Dayton) or Brad (Rowan) granted them a permit, but what if we said no?”

Schaub said there were a couple of routes that the county could have taken, including an attorney general appendium as well as a supreme court case that states a county, as a sovereign entity, can take the position that it’s not governed by the zoning regulations of the city.

“We decided, though, that that doesn’t bode well with us,” he said. “We acknowledge that we are within the jurisdiction of the zoning regulations. In fact, I had wondered why this (zoning) hadn’t been changed several years ago.”

Schaub said the county wants to do what is right, and will work with the city on future projects.

“But you can see the position that it puts us in,” Phillips said. “If it was reversed, and the county was involved, you can see the problems it can cause with that.”

The rezoning was approved unanimously.

Also regarding the fairgrounds Monday, county commissioners approved a bid for electrical work in the fairgrounds’ new livestock exhibit building during their regular monthly meeting.

Bid approval was originally scheduled for the commissioners’ March 21 meeting, but was tabled after no bids came in on time. Schumacher Electric brought in a bid after the item was tabled during meeting, but the board decided to proceed with rebidding the project.

The item was again brought before the commissioners during the April 4 meeting, with Schumacher Electric and Interstate Power Services, both of Sidney, each submitting bids for the electrical work. The board tabled bid approval again so they could have time to go over the bids.

On Monday, the commissioners approved the bid from Interstate Power Services with a base amount of $22,081 and a base alternate for four retractable cord rails at $280.

Schumacher Electric’s bid was for $33,420.

Although the bids will include wiring for fans inside the building, the bid does not include the fans themselves.