WRAP YOUR HEADS AROUND IT...

Continuing with information from the September 11, 2017, Town Board meeting:

Under "Old Business" was item "E. Airlake Airport Annexation-Report Regarding Meeting with MAC."

During the Board discussion of this item, Mark Ceminsky came from the back of the room and "plunked" himself down at the table and mic before the Board. He did not ask to be recognized and to come forward, just went up there and sat. And talked.

I believe Supervisor and Chair Barfknecht handled this respectfully and calmly even though she would have been well within her role and responsibilities to ask him to please return to his seat and wait to be recognized.

Remember, the Board has given the public the opportunity to speak at Public Comment time and it can always put itself on the Board agenda for discussion of an item. The Board does not have to allow any general audience input at these public meetings (not public hearings, which are a totally different case), but it almost always has. What I am stating here is totally in keeping with the Open Meeting Law.

I feel Ceminsky's actions were very disrespectful to the Board and the Township proceedings. I doubt heartily that he would have been tolerant of such an action by another when he was on the Board himself.

At any rate, he brought up to the Board certain input such as the Township would be losing not only taxes but also the building permit fees for new hangars if the airport is annexed.

Well, that is true. Does he really think no one understands that? Did he think the Board wasn't listening on the other occasions he has said the same thing? Does he think that there is a realistic solution to keep the airport in Eureka and the Board is just stubbornly unwilling for some obscure reason to do that?

If there were a feasible solution, I am confident the Board would follow it. Members have already met and tried to negotiate a Joint Powers Agreement with Lakeville whereby Lakeville would sell sewer and water to MAC and the airport would remain in the Township. It was worth a try. Lakeville wasn't interested. MAC isn't interested in a well. It wants CITY sewer and water! We can't tap into the sewer interceptor without the process the Metropolitan Council has outlined and refenced in my last blog. Annexation law favors cities, that is the cold, hard fact. Yet, Supervisor Hansen continues to proclaim that the Board "has done nothing." He even proposed a Board letter to MAC that he wanted to say "Eureka has no interest in the airport." Well, yes, we do, but wishing doesn't make it so.

Supervisor Butch Hansen has promoted "at least asking" the Met Council if it would allow Eureka to access the interceptor. Sounds reasonable, doesn't it? The problem with that is that he doesn't seem to understand and/or accept what has to be done by the Township preceding any Met Council CONSIDERATION of such a request, with absolutely no guarantee that Eureka could make a case that the Council would buy into. It is not going to tell any LGU (Local Government Unit) ahead of time what it is going to do. It says, "Submit this (detailed plan) and we'll consider it." The detailed plan is expensive to generate.

All this was discussed with Eureka's Council area rep and the person who oversees sewer for the Council at a Planning Commission Special Meeting that Mr. Hansen attended before he was on the Board. (He, himself, incidentally, came up front from the audience and stood next to the Met Council reps and started talking without being recognized by the Chair as well! Pattern.) Eureka is slated as ag until 2040. Had the recession not happened, the open land in Lakeville and Farmington, some of which is just now being developed, would perhaps have already been developed; things may have been different. But that is water under the bridge.

Hansen proposed a motion to access the sewer interceptor for airport use. Died for lack of a second.

Then he proposed another motion to give all the Eureka land north of 225th St. W. that borders on Lakeville TO Lakeville as has been put forth by Ceminsky and Hansen in the recent past. Died for lack of a second.

The StarTribune article of September 15, 2017, which says that "...at least one township supervisor fears that it (the airport annexation) will accelerate the end of Eureka," somehow doesn't reveal that Mr. Hansen has repeatedly actually supported the idea that Eureka should just "give away" all the land north of 225th bordering Lakeville if it can't access the interceptor and keep the airport. What has been his (and Ceminsky's) stated reason? "They are going to take it anyway. Let's just give it to them. Then we can 'regroup' and figure out how to stop this (annexation)." Or words very close to that. I frankly do not see how this would be of any benefit to the Township. In fact, on page 3-14, the Comprehensive Plan lists no. 5 under "Land Use Goals: Maintain the geographic boundaries of the Township." To propose giving all the land north of 225th to Lakeville is actually in direct opposition to the Comprehensive Plan, that publicly adopted document that is to guide Township decisions! How deep does Supervisor Hansen's understanding of the Comprehensive Plan go?

That same article quotes Hansen as saying, "I think it's foolish of us to throw away the airport to Lakeville. If we can keep the airport happy, they'll stay." The very next paragraph says that Gary Schmidt of MAC stated that the airport "needs city sewer and water to stay viable" and that "obtaining city sewer and water has been a goal for decades." That's city services, Mr. Hansen. The airport won't BE happy with a well. In the article Hansen is credited with saying that he wants "the township to get county permission to dig a well for Airlake and to hook up to the sewer line." As referenced in the article Commissioner Mike Slavik has said and as it was said at the last Board meeting, the County doesn't have a say in this. The County is NOT the Met Council. AND the airport doesn't want a well! Again, how deep does the understanding of oversight bodies and their realm of influence go for Supervisor Hansen, I ask?

The article also quotes Hansen as saying, "It (the annexation) opens the door to future annexation down the road." News Flash: That "door," because of annexation law, has always been open.
Opinion: So the way to "close the door" to future annexation is to concede right now and hand over hundreds of acres so we "can have a peaceful annexation?" Don't see it.

By now, I am tired of explaining it and the reader is probably tired of reading it. At the last Annual Meeting the citizens in attendance agreed that the Board should do what it could to keep the airport in the Township. It has now done that, in spite of Mr. Hansen's proclaiming again and again that "the Board has done nothing." In spite of the fact that Mr. Hansen stated he was going "to have to step in and clean up this mess."

IS IT REALLY THAT HARD TO UNDERSTAND...?

Not if one has been paying attention. "Paying attention" means to ALL the data, not just what one wants to hear.

At the last Town Board meeting, Allen Novacek had placed himself on the agenda as wanting to address the "Airport Issue." During the course of his presentation to the Board, Mr. Novacek stated that in order to be able to access the sewer interceptor to serve the airport Eureka would need to put 1,000 acres into commercial/industrial land.

Sorry, wrong. The Metropolitan Council would require that Eureka set aside 1,000 acres for (much) higher-density housing and other uses as well, not just commercial/industrial before it would even consider allowing access to the interceptor.  Such a proposal would require expensive planning and engineering work up front. And that does not mean that the Council would even accept this proposal after Eureka spent all the money since it sees Eureka as ag until 2040.



Mr. Novacek went on to say that making the northern portion of the Township commercial/industrial would provide a "buffer" to Lakeville.

Sorry, wrong. All indications from both the Commercial/Industrial Study and the recent Boundary Protection Study (which includes sound advice from other townships that have been in similar situations) are that putting such a use along our northern border would serve as an enticement for Lakeville to want to annex more of Eureka land, not to discourage it. (Uses such as churches along the border would be a deterrent because of the non-tax status.)



Another point made by Mr. Novacek was that "it has been said" that an area with fewer than 5,000 people is "too small" for commercial/industrial uses.

Sorry, wrong. No one has ever said this that I know of. What has been said in reference to  a population of 5,000 is that 5,000 is probably the minimum size to make incorporation as a city financially feasible. Since the County has different expectations of cities for road expenses than it does of townships, the resulting increase in taxes with fewer people would not be welcome. (I believe Sherri Buss, from TKDA, has told us during one meeting with her of one instance whereby an Local Government Unit (LGU) of fewer than 5,000 people did incorporate, but they agreed ahead of time that they were willing to pay the higher taxes. From what I have heard at Eureka meetings of all sorts over many years leads me to think that the Eureka citizenry would object to that.

Eureka could have "rural commercial/industrial" (no city sewer and water), but that, as often stated, (Are you listening?) would attract "lesser" uses such as truck depots, contractors' yards, outdoor storage, and the like. Such uses would take up land and provide lower revenue than some seem to envision. When the time came for the Township to move ahead with uses that require city sewer and water, these rural uses would be unlikely to want to move further out for "better" (read higher tax revenue) uses to move in as they would have had a pretty good deal on land prices and location. Roseville has had a similar experience with truck depots.

Further, townships that have had rural commercial/industrial uses have often experienced problems with them to the point that most of their complaints are centered around these uses. For example, such townships have experienced an approved use selling and a new use taking over. However, the new use does not recognize or perhaps has been misinformed about what its limits are in what it is allowed to do and proceeds to do what it defends as "financial business common sense." Problem is, what it is doing is not permitted, and such a use may create many more negative impacts to surrounding property, such as noise, pollution, etc.. than the first use did.

In such a case a township can find itself in a situation whereby legal action may be necessary to right things. Does that sound familiar ?????

My next blog will continue with information from the last Board meeting on this topic, including what a "couple of other people" who also do not seem to be listening said. (Otherwise, this post would get rather long.) Until later...

THE BIG MAC!

                      ADDITIONAL FACTS 

                 August 07, 2017, Town Board Meeting  

                           
            

At the August 07, 2017, Town Board
Meeting, Supervisor

Jennings, discussed  an Email from
Gary Schmidt, of the

Metropolitan Airport Commission
(MAC), which expressed MAC's interest in requesting
Lakeville's annexation of the Airlake Airport.

Attorney Lemmons stated MAC's intent is for Lakeville

to Annex by Ordinance.  Before Lakeville can adopt the
Ordinance, Lakeville would be required, by Statute, to
submit a written notice to Eureka of their intent 30 days
prior to the proposed Ordinance to be adopted.

Mr. Schmidt has not been responding to meeting requests 

from the Town Board representatives. Supervisor Jennings

stated that Eureka had very little leverage in the negotiations.

Supervisor Jennings stated very few entities, not

even the Governor, have leverage over MAC, which is 

similar to the considerable autonomy of the Met Council;

having a Board appointed by the Governor, but they

operate on their own. (Supervisor Jennings read from the

Office of the Legislative Auditor's website).

Supervisor Jennings reported she engaged in a discussion

with a Supervisor from Lakeland Township located near the

Lake Elmo Airport. Lakeland Township is further along

in their negotiations with MAC and are quite frustrated

with the process. They also acknowledged that there is no

State level oversight on what MAC does. 

Supervisor Hansen stated "for a year and a half we have done

nothing." Supervisor Jennings reminded Mr. Hansen that

meetings and discussions have taken place.

Members of the Town Board have made an effort to promote

the Township retaining ownership of the Airport through

a Joint Powers Agreement similar to the agreement 

between Empire Township and the City of Farmington. 

                              

Supervisors Jennings and Palmquist met twice with MAC.

A third meeting was never agreed to.

MAC held an Open House in Lakeville AND at the Eureka

Town Hall. 

Supervisor Hansen stated "there is another way to handle 

this. We chose not to handle it this way so the Airport will

go to Lakeville. That is a fact."

Supervisor Jennings suggested an annexation conversation

is needed with preparation and legal advice. Supervisor 

Hansen stated "Carrie, this is a LOUSY excuse! At this

point we might just as well make a motion to let Lakeville

have EVERYTHING  just North of 225th street and a peaceful

annexation. Just let them have it because they are going

to take it ANYHOW. We can regroup and do something

to stop it from happening in the future. That is where I 

think it is at."

Supervisor Jennings asked Supervisor Hansen what His

proposal would be.

He stated "Let me go to MAC and see if I can't SALVAGE

this mess. I talk with these people ALL the time!"

Supervisor Jennings made a motion to end the discussion

until Eureka has a letter from Lakeville indicating their

intent. She suggested the Town Board members and the

attorney should be prepared to have a conversation about

Annexation which differs from an Airlake Airport

update.

                                   

After more discussion, Supervisor Jennings suggested
Supervisor Hansen schedule a meeting with Lakeville
and she would attend also as she is the Board-designated
contact person on the annexation matter. 

                               

Supervisor Hansen disagreed stating he "would just as
soon she would NOT attend because they do not
get along. What is the point?"

Supervisor Barfknecht made a motion that Supervisor

Hansen schedule a meeting with MAC since he stated he

has frequent contact with MAC. The attorney would attend

the meeting with Supervisor Hansen.

Supervisor Rogers seconded the motion. Supervisors

Rogers, Palmquist and Barfknecht voted YAY,

Supervisor Jennings voted NAY and Supervisor

Hansen ABSTAINED.
                                

WILL SUPERVISOR HANSEN "SAVE THIS MESS?"

                          

          STAY TUNED!  

  (Information taken from the August 7, 2017, Town Board 
Mtg. CD)