At last month’s meeting, Public Works Supervisor Kyle Chiglo dropped what he called a “bombshell,” tendering his resignation. It came after just five months in the position. Chiglo informed the council he had accepted a position with Fillmore County, effective November 2, as a means of providing benefits for his family. At the time, he noted he’d spoken with Mayor Dennis Overland about benefits provided by the city, but Overland was not in attendance at the meeting to discuss, so the matter was tabled.
At the October 20 meeting, the city council officially accepted the resignation and declared a vacancy for the position. Overland indicated he’d passed some information to the Personnel Committee. “I’d like to not have to do this again, but you can’t fault a guy for doing something for his family. There’s not a lot we can do,” said Overland.
Overland also stated he’d contacted PeopleService, a company specializing in water and wastewater operation and maintenance. The company serves other small communities around Minnesota, including Lewiston and formerly Fountain. Overland said the company will be providing a quote for services including options for daily maintenance or automated service.
Councilor Mike Ebner stated he had also contacted an independent company, but regarding road maintenance. While Chiglo had noted he’d help when available, Ebner indicated that might not be the case. “We don’t know that his new employer is going to allow that. I suggest he turn in his keys November 2 and we start from scratch. We can call him back in as a temporary employee if he’s allowed to, but we’d need something in writing from the county saying it’s okay.”
The job vacancy will be advertised as it was this past May and published in the Journal, as well as on the League of Minnesota Cities and Minnesota Rural Water sites. The deadline for applications is November 13.
In the instance of an emergency public works or road situation, the city has the authority to hire contractual or part-time emergency operator. A Mutual Aid contract is already in place with Arendahl Township and may be utilized. Part-time city employee Trenton Chiglo will assist with some tasks, under supervision, until November 1.
Loose ties around an ongoing AcenTek utility service project may be nearing some resolution. The issue stems from a request from AcenTek to place service in the right-of-way on Ekern Road. The company had been seeking an agreement with the city for placement of the services, but there were concerns regarding road maintenance due to steep terrain. It was later noted that due to an error from another firm, the cable was installed, but in an incorrect area, which further complicated the issues. The landowner is currently in negotiations with AcenTek regarding compensation for an easement. If an agreement cannot be reached, the company will move forward with new services in the road right-of-way, spelled out in an existing agreement, instead. Brian Jerviss, representative for AcenTek, and Terry Chiglo, attorney for the company, were in attendance at the meeting to discuss further.
“Negotiations are continuing with Scott. AcenTek will utilize the road right-of-way pursuant to the cable franchise agreement if they need to,” noted Attorney Chiglo. “If a settlement doesn’t materialize, they may have to act quickly before the ground freezes.
Village Attorney Joe O’Koren indicated there is a provision in the cable agreement where if use is inconsistent with the agreement, the city can veto it at their discretion.
“We’re more concerned not that you were using it, but what could happen to the road,” clarified Ebner.
“We’ve had those discussions. If there’s any road maintenance with right-of-way issues, they would be responsible for those,” added Chiglo. He further pointed to AcenTek’s long-standing positive presence in the community and a reputation as such. “We’re not opposed to a memorandum, but don’t think it’s necessary.” An update on negotiations will be provided at the November 17 meeting.
Also present at the meeting was resident and business owner Dave Lind, who has been a part of an ongoing zoning issue with the Village. The issue was first noted by Zoning Administrator Jon Pettit in July. Lind was fined by the city in August for not securing a permit for a 10-foot by 19-foot freestanding freezer on a concrete pad at his farm and was later also served notice of violation of an ordinance setback.
Lind sought clarification on a number of things from the council. “Contrary to what’s been said, I do things by the book. If anyone thinks I was going to pull the wool over anyone’s eyes, they’re wrong.” According to Lind, he secured a permit for the concrete pad and heard nothing about the zoning until the freezer was in his yard on a trailer. At the time, he says he was told it would probably be okay, but that he should get a permit to be safe.
“I’ve had numerous discussions with council members and zoning members. There is personal and business conflict of interest with Jon Pettit. I thought there was good discussion that was leading to dialogue to resolution. I’m trying to solve the problems and I don’t know why it’s being listed the way it is,” added Lind.
Lind’s first question is why the freezer needs a building permit, as he feels it’s not a building, but an appliance. He noted it has no floor and is sitting on the insulated concrete pad he had poured and permitted. His second question needing clarification is that if the freezer is considered a building, it’s a building accessory, and whether or not a building accessory needs a permit. Lastly, he noted if it’s a structure and needs a permit, it is a temporary structure.
Lind also questioned the setback violation. “I really don’t understand that. I’m on a state highway. Why does the village apply a setback when there’s already a state setback 75-foot right of way? Nobody has been able to answer my questions. I think there’s some things that really deserve being looked at here.”
“If that’s where the council is going to go, that’s it’s a building structure and permanent, I’m looking for options,” added Lind. “Moving it isn’t an option. We would have to pipe in electrical and there’s no concrete.”
Mayor Overland thanked Lind for attending and addressing the council, but wished he would have done so sooner.
“I was under the understanding that there was going to be some discussion and to just let some things work through. That’s not what happened. I thought I was being civil, letting things happen,” said Lind.
“What did you think would happen? We have to follow the rules. We have to follow our ordinances. If you appeal, there’s a process to go through. Otherwise, our hands are kind of tied,” said Overland. “What you just said about one person directing traffic; if you’d come in and talked to zoning, instead of one person, this whole thing could have been avoided.”
“I did reach out and talk to people from the beginning. This is my first rodeo down this road,” responded Lind. “it wasn’t that I was hiding or that I wasn’t talking to people. I was reaching out to various people. Obviously, you’re making it clear that I didn’t go down the right channels.”
At least two items were clarified at the meeting for Lind. One, a temporary structure must be under 160 square feet per county ordinances. Anything beyond that requires a permit. Secondly, while the state has a right-of-way setback on the highway, the county does as well. Section #605 of Fillmore County ordinances indicate a 30-foot setback. The Village must be at least as restrictive in its ordinance and is in line with this requirement. O’Koren will find clarification on Lind’s other points and present them at the November 17 council meeting.
“That’s all I’m asking for,” added Lind. “It’s not black and white. It’s gray.”
There is no meeting November 3 due to the conflict with the general election. The council meeting will be continued Thursday, November 5, at 7 p.m., at the Village Hall to address personnel issues, including emergency public works and road operations. After that, the next regularly scheduled meeting is Tuesday, November 17. A public hearing will also be held that evening, at 6:45 p.m., regarding turning over powers of Appeals and Equalization to the county.
Leave a Reply