EUREKA TOWN BOARD MEETING - AUGUST 10, 2015
BITS AND PIECES
TRANSFER OF BUILDING RIGHTS:
The Town Board approved a Building Right Transfer from Terri Petter (represented by Butch Hansen) to Eureka Properties, LLC. (represented by Darrin Giles), 23545 Cedar Avenue South.
The Town Board also approved a Building Right Transfer from a property owned by Jerome and Jeff Phillipe to an adjacent property owned by the Phillipes.
Ordinance 3, Chapter 3
SECTION 10. DEFINITIONS. The following words and terms, whenever they occur in
this Ordinance, are defined as follows:
Cluster –the act of transferring a residential building right.
Residential Building Right – the eligibility to build or place a single family
dwelling on a qualifying buildable property as described and under the conditions
of this Ordinance.
Residential Building Right Transfer – the act of moving a residential building
right from one property to another within Eureka Township.
SECTION 8. RECORDING OF APPROVED TRANSFER
A. The landowner(s) shall execute a Residential Building Right Transfer
Agreement with the Township, which shall be recorded by the landowner(s)
within ninety (90) days of its approval by the Town with the Dakota County
Recorder. The Agreement shall be recorded against all properties required to
be identified in the Agreement. Written proof of such recording shall be
presented by the landowner to the Town Clerk within one hundred and twenty
(120) days after the approval of the transfer agreement by the Township.
B. The Residential Building Right Transfer Agreement shall identify the Pre-1982
Lot of Record or the parcel and quarter-quarter section from which a building
right has been transferred, and shall state that any residential building right on
that Pre-1982 Lot of Record or parcel and quarter-quarter section no longer
exists and has been transferred onto other property. The agreement shall
identify by legal description the parcel to which the residential building right
has been transferred.
C. The Residential Building Right Transfer Agreement shall be executed and
recorded by the landowner(s), and written proof of such recording presented Ordinance 3 Ch. 3
to the town clerk, before the Township will consider any application for a building
permit, or before transfer of any of the lands described in the transfer
agreement, whichever occurs first.
Ordinance 3, Chapter 3
SECTION 10. DEFINITIONS. The following words and terms, whenever they occur in
this Ordinance, are defined as follows:
Cluster –the act of transferring a residential building right.
Residential Building Right – the eligibility to build or place a single family
dwelling on a qualifying buildable property as described and under the conditions
of this Ordinance.
Residential Building Right Transfer – the act of moving a residential building
right from one property to another within Eureka Township.
SECTION 8. RECORDING OF APPROVED TRANSFER
A. The landowner(s) shall execute a Residential Building Right Transfer
Agreement with the Township, which shall be recorded by the landowner(s)
within ninety (90) days of its approval by the Town with the Dakota County
Recorder. The Agreement shall be recorded against all properties required to
be identified in the Agreement. Written proof of such recording shall be
presented by the landowner to the Town Clerk within one hundred and twenty
(120) days after the approval of the transfer agreement by the Township.
B. The Residential Building Right Transfer Agreement shall identify the Pre-1982
Lot of Record or the parcel and quarter-quarter section from which a building
right has been transferred, and shall state that any residential building right on
that Pre-1982 Lot of Record or parcel and quarter-quarter section no longer
exists and has been transferred onto other property. The agreement shall
identify by legal description the parcel to which the residential building right
has been transferred.
C. The Residential Building Right Transfer Agreement shall be executed and
recorded by the landowner(s), and written proof of such recording presented Ordinance 3 Ch. 3
to the town clerk, before the Township will consider any application for a building
permit, or before transfer of any of the lands described in the transfer
agreement, whichever occurs first.
SECTION 9. VIOLATIONS AND PENALTY
A. VIOLATION. Failure to complete any transactions and recordings required after
Town Board approval of a Residential Building Right Transfer or a Clustering
Agreement and associated Town Board Consent of the Clustering Agreement
shall nullify the approval and the residential building right shall revert to the
original sending parcel.
The procedure for Transferring of a Building Right can be found on the Eureka Township website.
SCOTTS MIRACLE- GRO:
Representatives from Scotts Miracle-Gro Company requested a change in hours of operation
to include 24 hours of operation 6 days per week. The business is located at the corner of 225th Street and Highview. The representatives stated the equipment would be located outside the building. Allowing the hours of operation change would have the potential to create additional noise, number of employees, traffic and possibly outdoor lighting during all hours after dark until dawn.
On November 14, 2005, the property owner at this address requested a permit for a 120' x 180' pole shed which would not be winterized and the processing of soil would not be done in the winter. The equipment would be located inside the building. The number of employees indicated was 6-8.
In 2006, Country Soil and Stone of Minnesota operated on the property, bagging decorative stone, soils and colored mulches. It employed around 22 employees.
Country Stone stored heavy equipment and thousands of bags of products on pallets outside the building. Eureka Township brought a lawsuit against Country Stone stating the Company had violated the Township Ordinance. An out-of-court settlement with specific conditions placed by the Township allowed Country Soil and Stone to continue its operation.
Currently, Scotts Miracle-Gro leases the property located at 225th Street and Highview.
The representatives stated the Company supplies products to companies throughout the State of Minnesota.
After considering the request for hours of operation to increase to 24/6, the Board voted on a motion to NOT allow the request. Supervisors Miller, Behrendt and Jennings voted yes to the motion. Supervisor Budenski voted to allow the increase in hours and Supervisor Rogers abstained without offering a reason for his abstention. (He did not vote). For those who voted yes after Board discussion, it was felt that Scotts Miracle-Gro should continue to operate under the conditions set in the Country Stone lawsuit agreement applicable to the property, which dictates hours of operation and takes into consideration the effects on a residential
neighborhood. The Supervisors voting to deny the increase in hours of operation expressed that there is no benefit to the Township; they would not want it next to them.
POLITICAL WILL:
"Political will" refers to the fact that when passing any law there may be some political cost as the law may upset some people and please others. "Political will" refers to that collective amount of political benefits and costs that would result from the passage of any given law. (Will Wister, Political Data Gatherer.)
Thank you to the Township Government Officials who are willing to put aside their personal agendas and political concerns to make laws and enforce them, while protecting the welfare of Township citizens and promoting well managed and staged development of residential, commercial and industrial areas.
Research, objectivity and an intellectual thought process transcends politics and should never be confused with being "condescending." This seems to be a continued trend used to bully public officials during Planning Commission and Town Board meetings.
Perhaps at some point in time the Township will consider commercial development and its compatibility with different land uses.
SOLAR ENERGY MORATORIUM:
The Board agreed to place a moratorium on solar energy within the Township. The moratorium will allow the Planning Commission, with the assistance of TDKA, to study this use and write appropriate ordinances. The following notice was posted by Clerk Mira Boyles. Please refer to the Eureka web site.
NOTICE IS HEREBY GIVEN: A public hearing will be held before the Eureka Township Planning Commission on August 20, 2015, at 7:00 PM. The purpose of the hearing is to consider a change to the Zoning Ordinance, adopting an interim ordinance to allow for a study of commercial solar energy. All persons wishing to be heard on this matter will be allowed to address the Commission.
In 2006, Country Soil and Stone of Minnesota operated on the property, bagging decorative stone, soils and colored mulches. It employed around 22 employees.
Country Stone stored heavy equipment and thousands of bags of products on pallets outside the building. Eureka Township brought a lawsuit against Country Stone stating the Company had violated the Township Ordinance. An out-of-court settlement with specific conditions placed by the Township allowed Country Soil and Stone to continue its operation.
Currently, Scotts Miracle-Gro leases the property located at 225th Street and Highview.
The representatives stated the Company supplies products to companies throughout the State of Minnesota.
After considering the request for hours of operation to increase to 24/6, the Board voted on a motion to NOT allow the request. Supervisors Miller, Behrendt and Jennings voted yes to the motion. Supervisor Budenski voted to allow the increase in hours and Supervisor Rogers abstained without offering a reason for his abstention. (He did not vote). For those who voted yes after Board discussion, it was felt that Scotts Miracle-Gro should continue to operate under the conditions set in the Country Stone lawsuit agreement applicable to the property, which dictates hours of operation and takes into consideration the effects on a residential
neighborhood. The Supervisors voting to deny the increase in hours of operation expressed that there is no benefit to the Township; they would not want it next to them.
POLITICAL WILL:
"Political will" refers to the fact that when passing any law there may be some political cost as the law may upset some people and please others. "Political will" refers to that collective amount of political benefits and costs that would result from the passage of any given law. (Will Wister, Political Data Gatherer.)
Thank you to the Township Government Officials who are willing to put aside their personal agendas and political concerns to make laws and enforce them, while protecting the welfare of Township citizens and promoting well managed and staged development of residential, commercial and industrial areas. Research, objectivity and an intellectual thought process transcends politics and should never be confused with being "condescending." This seems to be a continued trend used to bully public officials during Planning Commission and Town Board meetings.
Perhaps at some point in time the Township will consider commercial development and its compatibility with different land uses.
SOLAR ENERGY MORATORIUM:
The Board agreed to place a moratorium on solar energy within the Township. The moratorium will allow the Planning Commission, with the assistance of TDKA, to study this use and write appropriate ordinances. The following notice was posted by Clerk Mira Boyles. Please refer to the Eureka web site.
NOTICE IS HEREBY GIVEN: A public hearing will be held before the Eureka Township Planning Commission on August 20, 2015, at 7:00 PM. The purpose of the hearing is to consider a change to the Zoning Ordinance, adopting an interim ordinance to allow for a study of commercial solar energy. All persons wishing to be heard on this matter will be allowed to address the Commission.
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