HomeMy WebLinkAboutJJCMinutes_2018_09-26Minutes of the Joint Jurisdiction Committee
09/26/18
Chairperson Mary Kidwiler called the meeting to order. Committee members Kidwiler,
Mike Struck, Robert Hill, Lee Ann Pierce, Duane Knutson, Mike Bartley, Ope Niemeyer,
Darrell Nelson, Al Heuton, Robert Hexum, Scott Mohror, Greg Fargen and Steve Meyer
were present. Luke Muller, Tom Nealon and Mark McLaughlin with First District
Association of Local Governments, and Brookings County Commission Department
Director Stacy Steffensen were also in attendance.
A quorum was determined to be present.
Hill moved/Heuton seconded that the agenda for the September 26, 2018 Joint
Jurisdiction Committee meeting be approved as presented. Motion carried.
Knutson moved/Niemeyer seconded that the minutes from the August 22, 2018 Joint
Jurisdiction Committee meeting be approved as presented. Motion carried.
Struck provided an update on the mining subcommittee. He said the draft ordinance
was distributed to those in the industry for comments and will be revised based on those
comments. Struck said there are still a few questions regarding setback issues and
whether it should be from the operation or from the property line. He said operations
move and they would have to survey the areas every time it moved to know where the
setbacks should be. Struck said defining setbacks from the property line would be
easier to administer. He said the final draft will go to the industries and then back to the
committee for approval.
Pierce said her concern with setbacks is making sure they are protecting the roads.
Struck said there would be setbacks from rights-of-way where there would be no
mining.
The committee discussed the well-head protection areas. Meyer said they do have
concerns about long-term water quality. He said the county has had a good well-head
protection ordinance in place, so they haven’t been doing much. But now, Meyer said
there is getting to be less and less quality water and standards are increasing. He said
they are getting up to speed and making sure the well-head areas will continue to be
protected. Meyer said they are in the early stages of reviewing the ordinances and
getting input from stakeholders so they can try to improve them. He said they are
meeting with the county and other local governments and working on the broad
objectives and determining what is feasible, reasonable and necessary. Meyer said
they are concentrating their attention to the north of the wells as water flows into the
protection area from that direction.
Hill said they need to look at all of the well-head protection areas in the county. Meyer
said each one may have to be looked at separately. Muller cautioned administering
different rules and regulations throughout the county. Hill said he wants to be uniform
across the county.
Pierce asked how Zone A – the well-head protection area – is determined. Meyer said
it is based on the time of travel as water moves underground. Pierce asked if Zone A is
properly identified. Hill said the maps were done in 1988. Meyer said a small study
was done when the Novita plant was going in due to their location on the edge of the
well-head protection area.
Niemeyer said there is also a concern with the railroad that runs right past the wells.
Meyer said there are some crisis management things that need to be dealt with. He
said he’s more concerned about Highway 14 and Interstate 29 because they are north
of the well-head protection area. Meyer said the railroad is probably more of a concern
for areas to the south. He noted that he would rather see 20th Street South, or 214th
Street, developed in the future rather than 213th Street because 214th Street is south of
the wells.
Bartley asked about the timeline for this ordinance revision. Meyer said he wants the
Joint Jurisdiction Committee involved and he hopes to be able to present the draft
ordinance to this group before they wrap up their work.
Muller said they need to understand the importance of the well-head protection area
and have more restrictive regulations in this area. But they also need to balance that
with what has been happening or with plans people may have. Struck said they need to
update the regulations and do what they can to mitigate risks with new things coming
into this area, as well as address existing concerns to make the area better.
The committee discussed ag uses in the ag district of the joint jurisdictional area. Muller
asked about using tiered zoning with different regulations as things get closer to the city
or closer to the urban growth areas. Kidwiler said, other than feedlots, she doesn ’t want
to restrict ag uses. She said she likes the 35 acre rule which helps urban development
in the future.
Struck said he has concerns with home occupations. He used event centers as an
example. He said township roads can’t handle the added traffic and he has concerns
with the safety requirements for these buildings. Kidwiler said these are great options
for people, but they have to be safe. Hill said there are two facilities that are permitted
and both of emergency exits and emergency plans. Pierce asked if this discussion was
about two different thing – zoning versus code concerns. She said she doesn’t want to
deprive people of an economic opportunity.
With concerns with future growth of home occupations, Muller suggested that permits
be based on the number of employees a business hires. Struck said he dislikes
conditional use permits. He said they are difficult to administer and the decision to
approve them is often based on emotion. S truck said they need standards and need to
stay consistent. Pierce said conditional use permits give people an opportunity to use
their land the way they want; they allow for more property rights, which she supports.
The group briefly discussed feedlots that are currently located in the joint jurisdictional
area and how many head define it as a feedlot. Knutson said 10 is too low, which had
previously been discussed. Hill said they will need to have public meetings to get
additional input. Struck said once they see the draft language, they will see how it may
work out.
The next meeting was scheduled for Wednesday, November 28, 2018 at 9:30 AM.
Struck moved/Hill seconded a motion to adjourn. Motion carried.
Submitted by Stacy Steffensen
Brookings County
Commission Department Director