PLANNING COMMISSION MEETING, JULY 7, 2014. BUSINESS AS USUAL?

On July 07, 2014, the Planning Commission held its monthly meeting and conducted the business of the Township.  As was stated in past blogs our longstanding Clerk/Treasurer, Nanett Sandstrom, resigned and over a period of time the Deputy Clerk, Linda Wilson, became the Township Clerk.  Linda Wilson resigned but agreed to stay on and train in our new Clerk, Barb North.  Barb North quit, Linda left and as of the Monday meeting the Township was without a Clerk.  Commissioner Cleminson agreed to take the minutes of the meeting and Commissioner Novacek indicated that anyone in the audience could offer to take minutes.

The Township Clerk is responsible for preparing the information packets for all of the Commissioners

a few days before the meeting for their preparation in addressing issues.  Because there was no Clerk, what information was given to the Commissioners by Chair Hansen was during the meeting, which made it difficult to address the printed agenda items. At the Town Board special meeting on July 1, Commissioner Novacek was asked by the Board to contact Commissioner Hansen and let him know of the partial Planning Commission agenda drawn up by the Clerk before she left. Commissioner Hansen was to have completed the agenda and have copies of the materials for the meeting.

Westwind School representatives came before the Commission requesting a "temporary building"

to be utilized as a classroom throughout the school year as plans for additional space and code issues

were in question regarding their building application.  The Township Commercial Building Inspector was present to discuss issues of concern. After consulting the ordinance and engaging in a discussion, the Commission agreed to pass the discussed concerns regarding a "temporary structure" on to the Board for further discussion with the Township attorney.

Alan Storlie came before the Commission for clarification regarding transfer of a building right and grandfathered lots.  Commissioner Jennings suggested the information Chair Hansen had be shared with all Commission members in order allow them to be a part of the discussion rather than the Chair having a "private conversation" with Mr. Storlie. Commissioners Jennings, Hansen and Barfknecht discussed the above information with Mr. Storlie utilizing the appropriate Township maps.  Commissioners Novacek and Cleminson did not participate. Mr. Storlie was not on the agenda which was Chair Hansen's responsibility in the absence of a Clerk. Commissioner Jennings suggested that Mr. Storlie be officially added to the agenda for the official recorded record. Mr. Storlie was asked to attend the Town Board meeting the following Monday for further discussion. 

A citizen spoke with Mr. Storlie when he was ready to leave the Town Hall to offer information regarding questions and concerns about his (Leine) properties.She had raised her hand prior to the end of the Commission discussion, Commissioner Hansen refused to allow her to speak. She spoke with Mr. Storlie because she had been the attorney liaison on the Town Board for the Leine issue in question. Supervisor Madden, the liaison to the Planning Commission, was quick and curt in stating "Mr. Chair, I am trying to concentrate on the meeting."  Chair Hansen (boisterously) stated "Yah well, you deal with her." Mr. Storlie and the citizen moved outside the meeting area. (Supervisor Madden added the incident to the Town Board agenda to be discussed. What was his point? Is he not aware that there is a Town Board input policy that addresses this?)

Living Waters Church representatives were present to discuss their permit application and address inspection issues. The Township Commercial Building Inspector weighed in on the discussion with comments regarding the Commercial Code and felt the application "looked good."  The permit application was reviewed and passed on to the Board for discussion and approval.

Town Board liaison, Supervisor Madden, reported to the Planning Commission. He stated that Mr. Joey Miller has a misunderstanding and that "everything was not going well with him, I don't think."  He reported that the Enright Airplane Hangar is "moving along, going well." "Most permits were passed; 2 were missing; we did not pass. The permits that did not go through were Joey Miller and Dan Adelmann." Supervisor Madden went on that the new on-site mailbox " has been installed and works. The address is being worked on. The clerk position is totally unknown. Might have one the end of the next 6 months, hopefully. I don't know but it is soon. Very qualified applicants." On the Power line update he said - "working on ditches and they (GRE) are making bigger problems than we had before. The signs have not come down yet and we are discussing keeping the bond as they are not cooperating with us." Road Contractor  "Otte is the new road contractor," Madden stated,"which............. No Comment." A question was asked as to what happened to the previous road contractor. Chair Hansen stated that the contract was up in July. He (Mark Henry) would not sign the new contract. Madden stated "I (Madden) know the reason, but it does not matter." They (Town Board) picked one of two applicants. IT Issues - Supervisor Madden  reported the Township " has computer problems, but Supervisor Behrendt is working on it." Then Chair Hansen asked what happened to the IT Company the Township had hired. Madden stated that "he had no idea; Cory (Supervisor Behrendt) is taking care of all of that."

Commissioner Jennings commented that copies of permits from the Building Inspector were to have been distributed to Planning Commission members by Supervisor Ceminsky ahead of the meeting.This did not happen. Liaison Madden stated, "I don't know; we had an idiot sitting in during the week (at the Town Hall). He does not have a key to the office or anything." (The issue is now resolved as the Town Board hired a Clerk at their July 14 meeting.)

Liaison Madden "wanted to pay the Town Board a compliment from him personally (for) trying to set things a little quieter with 'somebody,' because it really turned out well as some things that were being said were really outlandish."

Supervisor Novacek wanted to "discuss E-mail Protocol. E-mails normally go through the Clerk and are then distributed according to the policy." He stated that this had not been followed by Commissioner Jennings on Watershed information and he asked her why. (Is Commissioner Novacek setting up the "Gotcha Moment?")

Commissioner Jennings explained to Commissioner Novacek (about three times) that at the Round Table Meeting she had offered to reach out to Travis Thiel of the VRWJPO requesting information to be distributed to all Planning Commission members to utilize as they researched the possibility of the Township implementing and enforcing the VRWJPO Ordinance. Mr.Thiel indicated a web site link. Commissioner Jennings felt passing on the web site link was not a violation of any protocol or Open Meeting Law as it was an information request. At the Round Table Meeting, Chair Miller had approved and no one objected. Commissioner Jennings indicated that she was only doing homework on the Commission's behalf and resented Mr. Novacek's accusation of impropriety. He commended Commissioner Jennings on her abilities but "feels her ability is not always used in the way that he thinks is constructive. The e-mail is one of those." He felt the e-mail "was not sent as a mistake," but was a "willful, in your face, I am not going to follow policy and this is DANGEROUS!" (This is the same Commissioner who has in the past stated that he believes Eureka government is too intrusive and that citizens should be able to do what they want to.)

Commissioner Jennings stated that she had indicated at the Round Table Meeting that the Commission needed the documents to proceed in their research of the VRWJPO Ordinance. Supervisor Miller had supported her and asked for a copy.  She had tried to download documents that evening but there were IT problems during the Meeting and she was unable to do so. The following day Commissioner Jennings had contacted Travis Thiel and he sent the information link to her. She followed  the correct procedure and sent the information to the Town Hall to be distributed to all Commission members. The mailer-daemon returned the e-mail. (This reporter also sent an e-mail to the Town Hall and the e-mail request was returned stating " Auto-response. At this time we are unable to respond to e-mail messages until July 15." This was because there was no Clerk to respond to requests. In my opinion, Commissioner Jennings distributed the information to the Commissioners in the most appropriate manner available to her.) Commissioner Jennings explained to Novacek that she showed the returned e-mail to Supervisor Miller and that "he said it was okay to distribute given the circumstance." (Apparently, Commissioner Novacek could not let it go. He appeared to continue to badger Commissioner Jennings.) He stated, "the policy was made to prevent sending e-mails that are biased." (Why is sending a web site link biased?) Chair Hansen stated that it was "very plain and clear that e-mails were not to be sent without going through the Clerk. He stated he had documents that he wanted to distribute but he did not do that because there was no Clerk. "Instead I brung them with me tonight." Carrie stated that he had brought them but he did not distribute them to the Commission. Chair Hansen questioned why Mr. Miller had had a discussion with Commissioner Jennings and not with him as Commission Chair.

" Jerry Springer?"   "No it is a Township meeting."

Pressing on, Commissioner Novacek asked Commissioner Jennings, "so from now on are you saying you will send an e-mail to anyone you feel like or are you going to follow the policy?" (Novacek did not ask any other Commissioner if they were going to follow the policy. This exchange started to feel like an interrogation of Jennings.) Novacek said "again in the future are you going to follow policy?"  Supervisor Jennings asked Commissioner Novacek if he is the Chair stating "I do not feel that you have any authority greater than I do on this Planning Commission." Commmissioner     Novacek stated, "You do not have to answer if you don't want to."  Commissioner Jennings stated she would not answer.(Remember that "rabbit hole," Al, when you publicly and falsely accused Commissioner Barfknecht and Clerk Sandstrom of improprieties? See Blog, Alice (Al Is?) Down the Rabbit Hole? 10/06/2013?). Commissioner Novacek stated that he would like to make a motion. He was interrupted by loud laughter from Chair Hansen who then stated (sarcastically) to Commissioner Jennings, "I don't know if anyone has authority greater than yours."

anyone who has authority greater than yours." He then explained that" it is very plain and clear that e-mails need to go through the Clerk." Commissioner Jennings reminded him that "there is no Clerk." Chair Hansen raised his voice and admonished her stating "it would be very nice of you to let me finish."

VRWJPO ORDINANCE was discussed by the Commission.  Commissioner Jennings questioned the appropriateness of discussing the issue when they had not received information prior to the meeting. Because of this they were unable to come prepared and she suggested they table the agenda item until they had reviewed the information. Chair Hansen stated that "they" were tasked by the Board to do research to see how difficult or possible it is to "take this back." Commissioner Jennings asked for clarification for the record as to what "take this back" meant. Eureka had not adopted the ordinance at any point so there was nothing to "take back." Chair Hansen stated that he meant "policing" the Water Resource Management Ordinance. (Policing? Really? I thought the Township would do the review, permitting and enforcement.) Commissioner Jennings stated that she was a part of the Dakota County group who met with Mr. Dean Johnson to help develop the ordinance language. The Township declined to adopt the ordinance language.  Chair Hansen stated "let me make it real clear to you so you can understand it. At the Round Table Meeting, the Board asked us to be the researching body to do research on whether or not we (PC) should take this and adopt it." For clarification Commissioner Jennings reiterated "to adopt this ordinance." Chair Hansen stated " this the last time I am going to play the game with you." (In my opinion Commissioner Jennings was only asking for precise language to be reflected in the legal record of the meeting.)

Three of the Planning Commission members agreed to invite the current enforcement authority to attend a Planning Commission meeting to explain how the VRWJPO enforces the ordinance. Commissioner Novacek was opposed and Chair Hansen abstained.

Commissioner Cleminson made a motion and it was seconded by Commissioner Novacek. It was then agreed that Brian Watson, of the Soil and Water Conservation District, would also be invited to attend. This motion passed unanimously.

Commissioner Jennings suggested a deadline for the Commissioners to read the ordinance in preparation for their next discussion as the Commissioners cannot agree or disagree to enforce the ordinance if they have not read it. Chair Hansen stated "if you want to read it, read it. I don't think you have the authority to tell the rest of us to do anything with it." He then restated his position that he would not tell everyone they would have to read it;" they do not need a Mom." Chair Hansen then asked everyone to read the ordinance language.

The meeting was adjourned. (Following the meeting I heard Chair Hansen make a statement to Commissioner Jennings."Remember, you are not Chair anymore; you lost that vote." I left the meeting wondering if the Chair is frustrated perhaps because of a lack of command of the language or lack of knowledge regarding the issues. I wonder does he feel the need to diminish the knowledge that Commissioner Jennings has to share based on her relationship to and involvement on issues? In my opinion the treatment of Commissioner Jennings was childish, disrespectful, condescending and at times tinged with bullying and badgering. Perhaps knowledge, experience and preparation by some can only be recognized as arrogance by those with less knowledge and ability. Citizens have a right to attend meetings and observe business conducted with respect.)

A follow up note to ponder - Three Planning Commission members submitted complaints regarding Commissioner Jennings.  Coincidence? Was there a mutual meeting and discussion outside of public view to come to the conclusion that complaints were justified? Commissioner Barfknecht was not one of the complainants. A special meeting will be held by the Town Board to discuss the complaints with Commissioner Jennings present.

Information was gleaned from an Audio/visual taping. A CD copy of the meeting can be obtained from the now current Township Clerk.

ON THE ROAD AGAIN...

At a Special Town Board Meeting on July 1st, the Board hired Jason and Bryce Otte of Otte Excavating to be the new Road Contractors.

It seems Mark Henry of Henry's Excavating had declined to renew his contract after all, even though he was granted the job at the last regular Board meeting.  Mark had submitted the lowest quote among the three applicants.

It should be noted that, when dealing in quotes as opposed to bids, the Board is not bound by law to take the lowest responsible bidder.  Quotes can be used (only at certain money amounts) to allow greater flexibility and even negotiation among the applicants and the Board.  This flexibility has been an item of some divided discussion among Supervisors in the past.  Some prefer the quote; some the bid.  Once the amount of the contract rises to, I believe, $100,000, a bid must be used.

Both Ottes and Henry have been Road Contractors before for the Township.  Commissioner Charles "Butch" Hansen was the third entity to submit a quote.  It was stated at the meetings that Hansen did not own the equipment needed to do the job, but that he could procure it quickly if given the work. The Hansen quote was the highest rate per hour, based on a formula used by the Board since Jeff Otto, former Chair and Road Supervisor, devised it a few years ago. The formula weights the different items such as road grading vs. fallen tree removal by the percentage of the total job they constitute in a typical year. This gives a more realistic assessment for comparison, since the road bid or quote involves rates for a number of items, not just grading and snow plowing.

Since Henry bowed out, the Board elected to then consider the other two of the three original quotes submitted.  This happened at the Special Meeting and was posted as an agenda item.


As an attendee at the meeting, I felt the discussion of the "merits" of certain contractors was a little questionable, at best.  However, Chair Kenny Miller quoted the Minnesota Association of Townships Town Government Manual and reigned in what I also considered improper discussion based on what Supervisor Brian Budenski labeled and also objected to as "hearsay."  The Board must be very careful to follow law when considering such money matters. To do otherwise would be to open the Township to possible lawsuits.


One item of note that should be of interest to residents is the grading schedule.  This schedule was also

drawn up some years ago and has been attached to the road contract.  The schedule gives frequency of grading for our different roads based on their traffic levels.  At times, it has been alleged, that Road Contractors were held to strict adherence to the schedule, regardless of conditions such as whether the road was wet or dry, dust coated or not.  If a road is graded when dry, it has been described as "pushing marbles across the road," a process whereby the fines in the gravel can be blown away and lost and additional gravel application could be required.

If a road is dust coated, the goal would be to disturb the dust coating as little as possible and, if necessary, only when damp, so as not to greatly reduce its effectiveness.  This has been approached differently by various Road Supervisors.








The present philosophy stated at the meeting is that the grading schedule is a suggestion, the implementation of which will be directed by the Road Supervisors, currently Supervisors Behrendt and Budenski.  How it will be implemented will be at their discretion and based in part on road and weather conditions.  The
optimum is to keep the roads in the best shape possible at the lowest possible cost to taxpayers, not always an easy feat to accomplish, weather being what it is here. Since roads represent the biggest chunk of the Township budget by far, what happens with them is of direct impact to you as taxpayer and not just as traveler.

Keep in mind that any comments on the roads are to be directed to the current Road Supervisors, not past ones or the Road Contractors. The current Road Supervisors are the persons involved in overseeing the budget in this arena. Budenski's and Behrendt's numbers as found on the website are:

Cory Behrendt  952-985-5411    
Brian Budenski 952-292-6028

H 2 OHHHHHH!

At the Roundtable meeting between the Board and Commission, June 10th, the suggestion was made that the Planning Commission as a body take on the review of the Vermillion River Watershed Ordinance for possible adoption by the Township.  It was discussed that if it were to come to a VOTE by the Commission, at least one Commissioner felt right then and there that the point of view she espoused would just be voted down. (I think she would have a significant contribution to make.) At her comment, Board Chair Kenny Miller stated that it would not be a vote issue: the Commission, each Commissioner individually if desired, would report findings and opinions to the Board for its consideration.  If the Board intends to continue with this, I believe that having individuals submit their thoughts like this would be a good idea and that, further, these opinions should give the rationale supporting them.


This watershed issue has been a contentious matter in the Township in the past. (See previous posts and/or meeting minutes from 2008/2009.)  After public hearings and Township meetings during which opposition was fiercely expressed, the Board in place at the time (Yours Truly was on it) voted down adopting the Ordinance language, leaving those much more knowledgeable at the Vermillion River Watershed Joint Powers Organization (VRWJPO), such as watershed specialists and other technical folks, to administer that law. The law would still stand, it would be administered by the VRWJPO instead of by the Township.

The current Board has broached this topic briefly a number of times of late.  One Supervisor not at those earlier hearings and meetings who favors Eureka's adoption of the Ordinance stated saving the citizens money as his motivating factor.  However, any money or fees incurred, whether legal or engineering, etc., are to be borne by the applicant no matter who administers the Ordinance. So adopting the Ordinance wouldn't really change much in that respect.

Others have stated saving time for citizens as a reason.  However, since Watershed Specialist Travis Thiel has been responding to the Township regarding permitting issues in a timely manner, this no longer seems to be an issue either.  If there were to be a application more complex than the ones received to date, this would necessarily take more time regardless of administrator.  (OF NOTE: One Commissioner recently stated that all that is involved in the Watershed Ordinance is to make sure that soil erosion control and prevention measures are put in place. Not only is this grossly incorrect, but soil erosion control and prevention measures are not anything new, being required under the Ordinance already.

But let's get to the real crux of the matter: understanding the issues at hand.  One Commissioner at the Roundtable, Commissioner Jennings, said that she would strongly urge that Commissioners READ the Water Plan and Ordinance as part of their exploration of the topic, as many have not done that to date.  She stated that she has read the Plan and that it is a complex document. She should know as she holds a doctorate in geology and is familiar with such matters!

Let me relay a little story on this point.  Back when I was on the Planning Commission, when this whole topic first arose, I was sitting at the side table waiting for the Town Board Meeting to begin.  A fellow-Commissioner, now on the Board, came up and sat next to me.  When he saw that I had the new Water Plan open in front of me he asked, "You're not actually trying to read and understand that, are you?" I said I was surely going to give it a try since it was an important issue before the Commission and Board. This same person recently voted to have the Planning Commission look into the details.  I hope this time around he will actually read the documents and try to understand what is involved.  As with any ordinance, this affects people's lives and property; it's serious business.

My suggestion: not only should the Commission read the Water Plan and study the Ordinance, but that the Board should do so as well.

A former Board Chair loved to talk about "due diligence."  If the two bodies of officials are to accomplish their "due diligence" they must read the documents in question.  That's for starters...

Update after Planning Commission last night:  Commissioner Jennings asked Chair Hansen to direct the members to read the documents.  Hansen replied that he wasn't going to do so, that he had "no authority" to do so.  He said that if the others "wanted to read it, they could read it."  Jennings stated that it would be irresponsible to not read it.  Before he was done, Hansen asked the others to read the materials.  I guess he "has the authority" after all.


Jennings moved that the currently enforcing body (VRWJPO) be asked to come to a meeting and discuss the Ordinance with the Commission. Commissioner Cleminson seconded her motion.  The vote that followed had Jennings, Cleminson, and Barfknecht voting "yes."  Commissioner Novacek voted "no!" Chair Hansen abstained!  Why would anyone vote "no" on such a motion designed to inform?  Why would one "not have an opinion" (surely there was no conflict to trigger an abstention) and abstain from voting?  If you figure that one out, let me know.

Cleminson then moved to also invite Brian Watson of the SWCD to the meeting, even though he is not with the VRWJPO.  (Watson is involved with wetlands.) I forget who seconded that-maybe Novacek-but at least this time around the motion passed unanimously.