IT'S BEEN A WHILE...

 

The new Eureka Code has been adopted and published and is now effect. It will be added to the Township website. In the meantime, here is a link for your convenience: Code Link Here

At a recent public hearing on the Code update, some questions arose. It was questioned, mainly by two citizens, whether, since the Township Attorney has determined that Eureka does not fit the definition of an "Urban Town," the Township even has the authority to enact any such Ordinances at all. As in, even, going back in time. As in, did the Township ever have such authority?

The question was checked again with the attorney who had already researched the topic for the Board before the hearing, as was stated at the public hearing. There is legislation from 1977 that gives Eureka and all other Dakota County townships such authority. A link to this law is under "News and Notices" on the Township website. Quick Link Here. This law is also quoted at the beginning of the new Code on the Code link above. Also, if you click on "10-27-22 Public Hearing-Ordinance Recodification" you can access more information including an explanation of the recodification, and "Schedule A" which delineates the changes. It was stated at the hearing by one citizen that this information regarding changes proposed was not available, although it was. Quick Link 2 Here.

An even better source for info is the minutes from the 10-27 public hearing found under Town Board Minutes. (The Town Board, not the Planning Commission was the body to properly hold the hearing.) Quick Link 3 Here.

A FEW UPDATES FOR YOU!

The Eureka application for federal funds for broadband was denied.

The Board met with Ben Blomgren from JTN on August 2 regarding an application for an application for state funds for internet connectivity. The app was due August 4. If this goes through, the Township will be able to use ARPA funds for its share of the project. Keep your fingers crossed! Internet access has been an issue in the Township for a long, long time. We suffer from low density and being close to Lakeville as impediments to getting better service.

The Township has received two more house permit applications. Our beautiful community continues to attract. WELCOME!

When requesting a lot split, there are several factors to consider: 

The minimum lot size of two acres must be met.

If there are structures on the property, all setbacks must be met.

If there is a house on the property, the lot must have 250' width at the location of the house.

All houses must have garages, under the Ordinances. This has affected some recent splits.

If there are ag buildings and houses owned by separate entities, the 250' distance between such structures must be met. The ag building does not have to house animals for this setback; it just has to be an ag building. This requirement is to protect from odors, noise, dust, and other such complaints in this Right to Farm state.

Even if not taxed as ag, and therefore, no ag buildings, any enclosure of animals must be 175' from a neighboring residence.

Space for a primary and a secondary septic must be available.

Road access. New Ordinance language coming up, if enacted, will affect this factor.

Be on the lookout for a message from the Township regarding a Special Town Meeting on September 15th. 

The electorate will be asked to vote on an important issue regarding the ordinances and their enforcement. One must be present to vote; you are not eligible to vote via Zoom on this agenda item. Much more information to follow.

AirLake Airport Advisory Committee

In early June, I attended the meeting of this committee which meets four times a year. The committee consists of two groups: "Users" (Those with planes and hangars) and "Public" (Mainly representatives from different agencies and jurisdictions affected by the airport.) 

As part of the "public" segment, Eureka has two representatives: Supervisor Nancy Sauber and Commissioner Randy Wood. This membership allows Eureka to have some input on the airport, albeit in an advisory capacity only. At least there is a means of communication which is believed to be a good thing.

Following are the highlights of my notes taken at the meeting in June:

*33,000 sq. ft. hangar being built for corporate aviation arrivals and departures should be finished in September.

*Flight school is going well. 100 flights a week for schools. Planes available for rent.

*Fuel prices up significantly.

 *Want to have restaurant on site. (Holmen Field) 

*Some Lakeville-based businesses are back to Airlake from other airports.

*Citation 7 is the largest jet allowed on expanded runway. Many variables such as amount of fuel and number of passengers contribute to runway length needed for safe takeoffs and landings.

*Slowing demand for hangars.

*A portion of 225th to be paved in conjunction with runway construction.

*Runway length is 4,850 ft. Asked about expanding further 150 ft. to get to 5,000. Railroad on one end and Cedar Avenue on the other. Huge cost to move Cedar was proposed before. 5,0000 ft. recommended minimum length for safe takeoffs and landings for all light corporate jets.

*MAC update-Lake Elmo runway should be done by August.

*Reliever airports meeting in the summer.

*Like to have open house to strengthen airport/community connection.

*Lakeville Lions hosted breakfast there before during Pan-O-Prog: 1,800 served and 3,000 attended.

*Need to verify that hangars are used at least 50% for aviation use. (FAA requirement.) If not, the lease will not be renewed. Lease renewals are about every five years. Hangar inspections coming up.

*Use MACNOMS as flight tracker.

 *To provide private viewing area and picnic table.

*Next meeting is September 8. Open to the public.

Below you will find links to the resources that were discussed in the meeting:

 

Metropolitan Airports Commission (MAC) main website: https://metroairports.org/

MAC Community Connection: https://metroairports.org/community-connection

MAC FlightTracker: https://macnoms.com/

MAC Interactive Reports: https://metroairports.org/community-connection/aircraft-noise

Airlake Airport (LVN) Aircraft Viewing Area location: https://goo.gl/maps/mg21ZKcyYaXDDC8k6

Civil Air Patrol: https://www.gocivilairpatrol.com/

Lakeville Lion’s Club: https://www.e-clubhouse.org/sites/lakevillemn/index.php

Experimental Aircraft Association (EAA) Eagle Flights for adults: https://www.eaa.org/eaa/learn-to-fly/introductory-flights-for-free

EAA Young Eagles for youth at LVN: https://chapters.eaa.org/vin25/young-eagles

Aloft Flight School at LVN: https://www.aloft-aviation.com/

 

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BE GONE, BUCKTHORN!

Here's a volunteer happening (from VRWJPO email):

REMINDER: Volunteer Opportunity! Invasive buckthorn removal on the Vermillion River - Saturday, June 4 Rambling River Park, Farmington, 10 a.m. - 12 p.m. Bring your loppers, pruners, gloves, safety glasses, and comfortable work shoes to clear out buckthorn around the river. Meet at the Park Pavilion at 10 a.m. for instructions with VRWJPO and the City of Farmington. Please contact Brita Moore-Kutz.

:

COULD THIS BE YOU?

 

Much of the always reliable "olde guard" of election judges has been depleted--for one reason or another. Being an election judge is a means for citizens to contribute to Eureka in a low-key, but vital, way. We can't hold elections unless we have election judges!

Need-To-Knows:

Training (approx. 2 1/2 hours) is provided free of charge by Dakota County. Training will be available in June; Act now!

The Town Board has increased pay to $18/hr. for head judges and $16/hr. for other judges. Mileage reimbursement available at federal rate.

Training is provided so that all taking the training would qualify to be a head judge. Acting in that designation at Town Hall is voluntary, however.

Training allows you to work in other Dakota County townships as well.

This is a great opportunity to meet others in the Township! 

If you think this might be for you, contact the Clerk, Ranee Solis, at Town Hall (952-469-3637) for inquiries and/or to sign up.

Thanks for considering this important Township role and hope to see you at the polls!

SPRING IS SPRUNG. THE GRASS IS RIZ. I WONDER WHERE THE FLOWERS IZ?

 

In truth, the little naturalized bulbs (forgot their name) and the bloodroot are blooming, soon to be followed by the violets and lilies-of-the-valley in my "country lawn."

Now that things have dried out a bit, look for grading and gravel on roads soon, to be followed by dust control coating. Those of us on gravel roads in the Township understand that lots of rain means lots of potholes. Just a fact of life in the country.

Did you know that Town Hall hours have been extended on Tuesdays until 6:00 p.m.? The Board made this change to make it easier for citizens to submit applications, etc. This change has been posted on the website and will most likely be in the next Township Newsletter. Last check with Clerks says no one has yet availed him/herself of this change. Spread the word.

Along with spring comes the urge to get out and about. Stay safe and stay off the roads with your ATVs. It is actually prohibited under state statute to use these vehicles on roadways. Eureka Ordinances extends the prohibition to the ditches as well. Ride the vehicle on your own property, load it and go to trails allowing such use, or get an ag tag if you can show you are agricultural and are using it for that.

Unfortunately, as you have probably seen, Eureka Township had been used by some of the public as a dumping ground for unwanted items: doghouses, washing machines, beverage cans and bottles, mattresses, leaves, bagged household garbage, tires, vacuum cleaners, fast food packaging, and on and on. There is a fine for anyone caught dumping in the Township. This is more easily said than done, but possible. Take a video, get a license plate, call the Sheriff, and possibly collect up to $300.

One lifelong resident of the Township asks her children and grandchildren to pick up the refuse in the ditches along her roadside as her Mother's Day gift. Now that's a gift to everybody!

                                                                    ENJOY!!!

IS PLANNING COMMISSION REVIEW A VALUABLE THING?

The Planning Commission is an independent body. It has a duty, among many other things, to review building applications for zoning code compliance and to render recommendations to the Board. This is advisory only; the Board will always vote how it determines. Although the Board is wise to consider the Commission's input thoughtfully, it is not bound by it.

 

To endeavor to put the Commission "under the thumb" of the Board as I believe is currently being proposed under Ordinance 2, Chapter 3, Sections 8 and 9 (See website Town Board packet part 2.) is to ignore the Commission's independent value. Ideally, the Commission is made up of five people who do their homework and consider the Ordinances as the underlying laws that they are. Many Commissioners take this very seriously and do their best to advise the Board as appropriate, keeping the good of the Township citizens in mind always. More perspective is a good thing.

To attempt to negate Commissioners' ability to make a recommendation within the constraints of our laws, to advise that they have their duties unless "otherwise directed by the Board" is to beg the question of do we need a Planning Commission. If the Board is free to "direct" the Commission to a specific outcome, why doesn't the Board simply take on the whole load? The Township has for decades utilized the Planning Commission to review building permits to streamline the approval process for the Board and the applicant. The Board has many other duties and considerations that take its time without this proposed change. What would be the reason for the Board to "direct otherwise" than for a permit to go before the Commission? Does this open a door for possible future Board majorities to walk through for their own private agendas without initial scrutiny by the Commission? Be aware that if the Planning Commission does not render a recommendation within 60 days, the Board can go ahead and act on its own. This is already in our Ordinances, and is there to deal with the 60-Day Rule. (State Statute)

The Board doesn't have to agree with the Commission, nor does the Commission have to agree with the Board. It has been ever so. Each body has the responsibility and has the authority only to follow the Ordinances. To reach a decision that is contrary to what is clearly spelled out in the Ordinances, no interpretation, especially no "rounding" up or down when a specific numerical amount is given, is to reach an arbitrary and capricious decision in my view. "Arbitrary and capricious" is a big red flag, and, again in my view, puts the Township at risk. All citizens are entitled to a fair and even-handed application of the laws we have enacted as a community. Ordinances apply to everyone, all the time, every time. There is no other way to do this fairly. The Ordinances can be changed through public process under the State Statutes, but in the here-and-now we must abide by what they state today.

Changes to the Ordinances are not good in and of themselves. A recognition of the bigger picture and a considered, deliberate approach is always called for when making changes to our laws. Disagreement with the other body's conclusion is not a valid reason to change the ground rules. Further, all Ordinance changes can, and often do, have unintended negative consequences that come to light later and must be fixed. Therefore, let us consider and act in a thoughtful, not a reactive, manner. 

More specifically, to decide that the Board can "otherwise direct" Planning Commission's role in the review of a change or amendment in zoning as proposed in Ord. 2, Ch. 3, Section 9 is actually in conflict with the State's planning statutes. As a municipality, we simply do not have the authority to detour from that.

As a last point, it is also proposed to change the "Purpose" section (1) to address the functions, powers, and duties of the Planning Commission. The Purpose section serves its own purpose (!) and it is advisable to state purposes for various ordinances to make intent clear. Section 6 of the Ordinance actually addresses the functions, powers, and duties of the Commission and uses the term "shall" which legally means "mandatory."

Let the Planning Commission do its job.

O'ER THE LAND OF THE FREE AND THE HOME OF THE BRAVE...

 

You may have noticed of late that the U.S. flag at Town Hall was in an unfortunately very tattered state. You will be glad to know that it has finally been replaced! 

I want you to know that the Town Board has repeatedly brought up this topic at its meetings. The decision was made some months ago to replace the old flag with a better quality flag as the wind quickly does quite a number on flags at Town Hall. It seems the wind is always blowing there and snapping the flag mercilessly.

"Supply chain" or something out of our control caused many delays. Rest assured, especially veterans, that your Town Board was concerned about the flag's condition and took action. Best laid plans...

          THE LAND OF THE FREE BECAUSE OF THE BRAVE!

QUICK REMINDERS

HOPE ALL ARE ENJOYING A GREAT START TO 2022!

DID YOU KNOW...

...The Township website currently has information about the Open Meeting Law and the Right to Farm in Minnesota?

...Although not required, for your convenience, the Township posts all meeting packets online before meetings? (What is required is one public copy at the meeting itself.)

...You can request to be on a notification list for all meetings, certain meetings or certain topics? Just contact the Town Clerk, Ranee Solis, at clerk@eurekatownship-mn.us. 

...You can access the most recent edition of the Ordinances online at the Township website? Just download. (Eurekatownship-mn.us)

...You can access the Minnesota Association of Townships Government Manual at their website mntownships.org?

...The Annual Town Meeting is coming up soon on March 8th at 8:15n p.m. at the Town Hall? Citizen attendees elect a citizen moderator to run the meeting, approve the levy, and are presented reports from the Planning Commission and the Town Board? (25043 Cedar Avenue, Farmington)

...There is a Public Comment period near the beginning of each Town Board meeting? Again, this is not required, but is seen as a positive opportunity for citizens to weigh in on a topic of interest to them. Your time is limited to three minutes, with no more than 20 minutes collectively for all public comments.

...You can ask a question about a property or issue under "Citizen Inquiry" at both the Planning Commission and Town Board meetings? The most productive way to do this is to ask the Clerk to place you on the agenda and to provide information ahead of time to accompany your question. This allows whichever body it is to research and consider your question. 

Last, but not least...