The Zoning Ordinance 240 and Mining Ordinance 165 have the greatest and most wide-spread impact on all the residents and property owners in Eureka Township because traffic and visual impacts may occur far beyond the immediately surrounding neighbors. It is for that very reason these two Ordinances were specifically identified to require full direct communication to ALL property owners of record at the time of any proposed amendments to them.
There was a long period in history when an official newspaper was the only mass media and so was widely read. That clearly is no longer the case with the result that newspapers no longer assure wide audiences and even less-so with non-resident property owners.
Both of the Ordinances should have had the direct mailing requirement within them. Now the current Town Board is using the technicality of the requirement being in a separate Ordinance 57 to change the requirement to reduce the visibility and potential greater resistance to zoning changes this Board is advocating. There also could be more support. This is a significant change to the Zoning and Mining ordinance amendment processes, so why was there not proper full notification for this proposed change? Technicality trumps transparency.
There is growing evidence of this motivation to reduce transparency by the actions and inactions of the Board and its directives to the Planning Commission. The decades long friendly culture of allowing input in public meetings from residents known to have valued experience as well as concerns about certain agenda subjects has been blocked. The alternative of knowledgeable written input has been completely ignored to the detriment of residents and property owners. Board and Planning Commission actions directly violating clear Ordinance language have occurred in spite of such violations being pointed out, in one case in writing in addition to verbal. Recent Planning Commission resignations are also evidence of frustration with this Board’s actions.
Again a Town Attorney has unfortunately given incorrect advice based on a general State statute instead of reviewing actual Eureka Town Ordinance. The recent example was on hearing notification of a zoning change. No person or Town official or Town body may arbitrarily override written Ordinance. Ordinance language may only be amended by proper procedure.
So now the Board is suddenly pursuing clean-up duty on Ordinance 57. Why would this be done now if they hadn’t recognized that the process of advancing the Tourism Ordinance amendment was handled improperly? Even the applicant commented that the 2014 amendment proposal should be reviewed, but neither that nor the improper hearing notification was reported by the PC to the Board. Two Board members were present at the “open house” (since it wasn’t a proper hearing) and neither of them reported either of those two significant points.
This is another example of hiding behind broad State language designed to enable local government units to then tailor more specific limits important to their circumstances. This includes counties and municipalities as well as townships. To not understand this distinction is to impose local ordinances far too wide-open to follow individual Comprehensive Plans.
A reasonable compromise on the “first class mail” requirement is a less expensive postcard mailing. Surely a few hundred dollars in postage once a year or less often can be managed in a nearly half-million-dollar budget for the sake of true transparency. Eureka has been spending far more than that by continuing to use the company named “General Code” to “review” amendments, an over-rated service no longer needed in our township and used by only 4 other local governments in the entire State of Minnesota.
Thank you.
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