"Where Fillmore County News Comes First"
Tuesday, July 29th, 2014
Volume ∞ Issue ∞
- 9:21:56, Jul 28th 2014 - RFDvolunteer - Thank you Brett for a good article. I hope people will respond positiv ... [Read More]
- 7:50:52, Jul 28th 2014 - KingslandGrad95 - @wow-so you're willing to spend more on gas money to buy in Iowa wh ... [Read More]
- 11:01:18, Jul 27th 2014 - Eagle - Dear Mr. Bear, I thought to address a few of the issues you bring up. ... [Read More]
- 10:05:23, Jul 27th 2014 - - Exciting. .and welcome to SE Minnesota. Good Luck with your new venture. ... [Read More]
- 1:39:15, Jul 27th 2014 - yes - Spanish books would be GREAT! They don't have any books now at FC and if your c ... [Read More]
- 1:30:09, Jul 27th 2014 - wow - Living on the Iowa border I will do all my shopping in Iowa if they do that! ... [Read More]
- 1:27:17, Jul 27th 2014 - in harmony - Hum...no tickets issued? Thats something I've never heard before. My X g ... [Read More]
- 3:01:39, Jul 22nd 2014 - Don K. - My medical premium will go up significantly next year under Obama care. Thi ... [Read More]
- 8:44:09, Jul 20th 2014 - @ new resident - Wykoff has a summer softball league for youths ages 5-18 and they ha ... [Read More]
- 11:28:08, Jul 18th 2014 - Go kaase! - Tom I hope you get elected as sheriff! Although you have worked in roche ... [Read More]
Fri, Jan 10th, 2003
Posted in Features
Posted in Features
On Monday night, the Preston City Council tabled any decision on whether to rescind a conditional use permit issued to Heartland Energy & Recycling energy plant until they have had time to discuss the matter with lawyers from the League of Minnesota Cities.
Southeastern Minnesotans for Environmental Protection (SEMEP) have challenged the city’s issuance of a conditional use permit to Heartland, stating that the city had erred in issuing any permits before an environmental review was completed by state regulatory organizations. According to Minnesota rules and statutes under the state’s Environmental Policy Act, no governmental approvals, including conditional use permits, can be made until the environmental review process is complete. The Minnesota Pollution Control Agency’s Citizen’s Board has yet to rule on whether an Environmental Impact Statement is required for Heartland. Bob Maust, representing Heartland, told the council that one solution to the issue would be to pass a resolution stating that the conditional use permit would be valid at the time that the MPCA approves the Environmental Assessment Worksheet. When asked to comment, Preston City Attorney David Joerg told the council that the city could potentially face lawsuits over this matter. Joerg, who said that he couldn’t pick sides, stated that he has a conflict of interest in that he has represented the Maust family legally for several years. “I notified the city council of this conflict in writing several months ago,” Joerg said. “If the city wants legal advice specific to this matter I can refer them to other attorneys.” Joerg suggested contacting the League of Minnesota Cities (LMC) for legal advice, in that the city is insured through the LMC. Council member Mike Gartner was critical of Joerg for not advising the council about the adminstrative rules. Gartner: “I find out from reading the Journal that we are not in compliance here. Why weren’t we informed of the legal status of this?” Joerg: “No one asked.” Gartner: “You’ve got five dumb people up here, and statutes out there, and we find out the city is in error. You’re an attorney.” Joerg: “The city may not be in error.” Gartner: “Well, we have a serious problem here.” The concensus of the board was to postpone any action until it had time to discuss the matter with LMC. Janene Roessler, spokesperson for SEMEP, asked the council whether the conditional use permit to Heartland was still valid. “As far as I know, the permit is valid, but nothing can happen until other permits (MPCA) are in place,” Preston City Administrator Fred Nagel responded. The board voted unanimously to table action on the matter and is expected to revisit the issue at their January 21 meeting.