At the April 23 meeting of the county board, issues with the zoning permit application process were discussed.
Jay Squires, land use attorney, joined the meeting to answer questions. Land use director Blake Lea noted by state statute there is a 60-day timeline to act on an application once it is complete. Squires said the timeline can be extended an additional 60 days.
Four townships (Chatfield, Jordan, Spring Valley and Sumner) in the county have zoning ordinances that are more restrictive than the county’s ordinance. Township ordinances can be more restrictive, but not less restrictive than county ordinances.
The reach of township ordinances varies ranging from Spring Valley which is only more restrictive on the construction of dwellings to Jordan which requires a permit for everything.
Townships don’t have zoning administrators and generally meet once per month.
Squires explained townships can pick and choose what they regulate. Some counties work on a dual track and some counties allow townships to take over their own zoning.
Commissioner Mitch Lentz insisted townships and the county have to work together/communicate.
Squires suggested that an application would not be considered complete until the township that has a more restrictive ordinance acts on it. Information should be on the application form informing the public that they will need to be permitted by their township if in a more restrictive township.
Commissioner Randy Dahl said he was against expending county funds to deal with a township zoning decision. Squires said if the township takes over regulation any liability issue is with the township.
Township ordinances need to be recorded. Squires also suggested the county have a place on the application where the township has to sign.
Commissioner Duane Bakke noted that feedlot rules are set by the county, but a township can have more restrictive feedlot setbacks.
When an applicant gets a permit from the township, the applicant still has to get a permit from the county. Lentz suggested township ordinances should be reviewed annually. Lea insisted they should be recorded.
Lea will work with Squires to put an application form together that is legally defendable.
Lentz insisted more restrictive township ordinances need to be enforced.
Greg Douglas, Spring Valley Township board, said only one board member can sign permits. Applicants should come to them first. He added that he appreciated the county working with them.
Jerry Finn, Sumner Township, complained that there are no teeth to enforcement. State statute has a penalty of a $3,000 fine or a year in jail for falsifying an application. Bakke said if a township has its own ordinance, the township will need to have its own attorney to enforce it. The county attorney will not enforce a township ordinance.
The example of a permitted shed being converted into a home was brought up, which it was never permitted for. Bakke maintained the owner with a house valued as much as $300,000 will have no issue with a $3,000 fine for falsifying an application; it doesn’t provide much enforcement. Squires said there also is the possibility of civil enforcement. He admitted a judge is not likely to require a house to be torn down because it doesn’t comply with an ordinance. Squires said you have discretion whether to enforce. He maintained communication is the key.
Spring Valley Township clerk, Barb Dittrich asked how the townships will be notified. Townships will receive emails.
Commissioner Larry Hindt asked if the fine could be increased. Lea said, “No, because it is in state statute, but we can charge an additional late fee.”
Mental Health Mobile Crisis
Social Services manager, Wanda Berg said all counties are required to provide emergency services. Our portion will be covered through a Region 10 grant.
She explained Fillmore County will be on its own or can work with other four river counties (Goodhue, Houston, Wabasha and Winona) during this next two-year grant cycle. If Fillmore county went on its own, they would need a licensed mental health professional.
Berg suggested we split a daytime professional with Houston County. Hiawatha Valley Mental Health Center will have to have people to respond in Fillmore County.
Lentz complained that Hiawatha has not provided for the county in the past. Bakke noted they are not allowed to use a uniformed officer or a marked vehicle for transport. He said this limitation needs to be discussed at the legislative level. County Administrator Bobbie Hillery agreed, saying we should push for legislative changes.
Berg noted they have to let the Department of Human Services know by May 1. Funding would be coming in 2025. Hillery said we are liable for people in a crisis. They will need time to take over this responsibility. Berg said it is a two-year commitment, if we opt out, we lose state funding. Hillery added we should take it over eventually, but it will take time; it will be a big transition. Berg said we need to take care of our citizens; we will try to hold Hiawatha accountable.
By consensus, the board agreed to go with the other four river counties. Berg said a new contract with Hiawatha will come before the board prior to January 1, 2025.
Other Business in Brief
- Ethan Webinger, CEO, and Matt Minor, engineering supervisor, AcenTek, Inc. asked for a letter of support and a broadband loan for a rural Canton project. The fiber to the premises project will go forward if the grant is awarded through round 10 of the Minnesota Border to Border Grant program. Two hundred seventy-five locations will be served improving access for education, healthcare, remote work, and business, thereby improving the standard of living and economics.
If the grant is awarded, construction will begin in the summer/fall of 2025 and the project will be completed in late 2026. The total project cost is $6,418,000. A letter of support was approved and a $75,000 three-year no interest loan from the county was approved. The state grant will cover about 40% of the total cost.
- Gail Boyum, president of Root River Trail Towns, reviewed the history of the organization which began with nine towns along the trail and has since added Chatfield. The county in the past has appropriated $2,000 each year for marketing. The organization works to promote the recreational systems of southeast Minnesota’s bluff country as a regional destination. She thanked the board for its past support and requested a $3,000 appropriation for marketing this year.
- Bonita Underbakke, during Citizens Input, announced an event to take place at the Rushford-Peterson Schools Forum Room on Saturday, May 11 at 10 a.m. Beth Holger, CEO of the Link Overview of Youth & Sex Trafficking in Minnesota will make a presentation.
- Dallas Dornink, feedlot officer, reviewed the 2023 county feedlot program. The number of feedlots in the county decreased from 568 to 560. The 2023 annual report was approved as presented. The MPCA determined that the county met 100% of non-inspection minimum program requirements. The county conducted the required feedlot inspections.
- The hire of Timothy Melver, part-time sheriff’s deputy, was approved.
- The resignation of Erica Draper, RN, Public Health, was accepted effective April 22 after five years of service. A request to advertise for a replacement Public Health RN/PHN was approved.
- A three-year library contract agreement (2025-2027) with SELCO was approved. The county agrees to pay $273,809 for 2025. The increase for each year will be $8,000.
- The board approved four 10-hour workdays (Monday-Thursday) for Highway maintenance workers starting on May 10 through mid-September.
Brett Kohn explained the longer days are more efficient use of workers. Lentz and Prestby voted against.
- Golden shovel groundbreaking ceremony will take place on May 3 at 3 p.m. to start the construction of an extension of the Harmony-Preston Valley state bike trail. The location of the ceremony will be near the intersection of First Ave. SW and CR 44.
- The ribbon cutting for the new terminal building at the Fillmore County Airport will be on May 10 at 11 a.m.
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