The history of Agri-Tourism in Eureka

January 9, 2012

• Township received notice of a lawsuit by an indiviudal involving her refusal to sign the building official's letter concerning the use of her "Ag" building.  At a closed meeting of the Board on January 30, 2012, the Board voted to counterclaim, stating that the individual’s use was in violation of the Ordinances.

Late 2012 and early 2013

• Town Board decided not to go forward with a summary judgment in its own lawsuit, even though a violation of ordinances was at stake. Instead, it decided to go into a “working session” with the litigant.

March, 2013

• A public hearing was held for an ordinance text amendment that the litigant wrote to allow agri-tourism in the Township. 

Agenda: to consider a proposed text amendment to the Eureka Township Zoning Ordinance 1, Chapter 4, Definitions, to add agri-tourism to the definition of Agricultural Operations, and to define Agri-tourism. Amend Ordinance 3, Chapter 7, Section 3, paragraph C, to clarify that fur farms are excluded from the exotic animal prohibition. 

• Of those residents testifying in person or submitting written testimony, the overwhelming majority were against the amendment.
• Planning Commission recommended against implementing the text amendment.

April 2013

• The citizen withdrew her request for the text amendment.
• Nonetheless, the Board directed the Planning Commission to come up with ordinance language permitting “agri-tourism” as a commercial use within the Township. 

May-June

• Planning Commission began working on draft language during regular meetings, asked for the Formation of a Task Force owing to the complexity of the issue.

June, 2013

• Chair,Pete Storlie, submitted his own language for the Commission to use as a draft. 
• A subcommittee of the Planning Commission met outside the regular meeting and held a working session with two farmers, two former Planning Commission members and a Board member and created draft, detailed language based on Scott and Goodhue county ordinances for discussion. 

July, 2013

• The Town Board rejected the subcommittee language without discussion. 
• Mr. Novacek, Planning Commission liaison to the Board, compared it to “Obama-care”.
• Board Member Ceminsky submitted language similar to Storlie’s and the original applicant's. 
• The Board directed the Planning Commission to hold a public hearing on this language.

Current Definition
Agricultural Operation:
Operations operating for a profit which include, but not limited to, the cultivation and tillage of soil, dairying; the production, irrigation, cultivation, growing, harvesting and processing of any agricultural commodity, including horticulture and timber; the raising of livestock, fur bearing animals, fish or poultry; or any commercial agricultural practice performed as incident or in conjunction with such operations; including preparation for market, delivery to
storage, to market, or to carriers for transportation to market.
Proposed Definition
Agricultural Operation:
Operations operating for a profit which include, but not limited to, the cultivation and tillage of soil, dairying; the production, irrigation, cultivation, growing, harvesting and processing of any agricultural commodity, including horticulture and timber; the raising of livestock, fur bearing animals, fish or poultry; or any commercial agricultural practice performed as incident or in conjunction with such operations; including preparation for market, delivery
to storage, to market, or to carriers for transportation to market, and agricultural tourism.

Proposed Ordinance addition to ordinance 3, chapter 2 zoning districts, section 1 item B-11
Agricultural Tourism:
“Agricultural tourism”, “Ag-tourism” and/or “Agri-tourism” means activities conducted for profit – or- not for profit, year round on a regular basis, shall be an accessory to the primary working agricultural operation and allowing the public or invited groups for the purpose of education, enjoyment or active involvement in the agricultural operation. Activities include, but not limited to, agricultural operation tours, educational events, hayrides, pony rides, historical or cultural events, exhibiting animal, agricultural products, corn mazes, pick your own fruit or vegetables and retail sales related to the agricultural operation. Allowed hours for agricultural tourism will be Monday – Wednesday 8am - 8pm, Thursday – Saturday 8am – 10pm and Sunday 10am – 7pm. Adequate and designated parking on agricultural property, is required to accommodate the public and/or invited groups. On street parking maybe allowed on one side of the road. Agricultural tourism does not include activities as, but not limited to, music events, rodeos, and auctions unrelated to normal agricultural operation.