EUREKA NEWS!

              EUREKA TOWN BOARD NEWS                                                                      


 July 1, 2015, Special Town Board Meeting:

WINDMILL LLC

A motion was made by Supervisor Budenski and seconded by Supervisor Rogers, to approve the Windmill LLC Interim Use Permit amendment to allow a dry batch ready mix plant on the following

6 conditions taken from the minutes of the June 23, 2015, Planning Commission meeting. Condition number 7, regarding a review by TDKA, is to be excluded. 

1.  The concrete plant can be located no less than 1,000 feet from any dwelling.

2.  The concrete plan can be located no less than 500 feet from any property lines.

3.  Hours of operation are Monday – Friday from 7:00 AM to 5:30 PM with no Saturday operation.

4.  Dust free surface on the area traveling to and from the mine.

5.  Notification to the Town Board and property owners within 1,000 feet if there is any spillage or release of cement dust.

6.  Height of structure shall not exceed the height of the berm and/or screening.

(Information obtained from the Township Clerk).

The motion stated that the approval was subject to a condition upon the applicant and Township agreeing to an amended Development Agreement which shall include, but not limited to, siting, nature of material imported, and storage of imported material of the plant. (Information from a CD copy of the meeting).

July 13, 2015, Town Board Meeting:

KELLY AGGREGATES

A motion was made by Chair Budenski and seconded by Supervisor Rogers, to approve an amendment to Kelly Aggregates Inc. Interim Use Permit to allow, as an accessory use, operation of a dry batch ready-mix concrete plant subject to the eight conditions listed below. Approval is also subject to the applicant and Town Board agreeing to an amendment to the Development Agreement which will include, but not be limited to, siting of proposed plant, nature of materials to be imported and storage of said imported materials.

1.  The concrete plant can be located no less than 1,800 feet from any dwelling.

2.  The concrete plan can be located no less than 200 feet from any property lines.

3.  Hours of operation are Monday – Friday from 7:00 a.m. to 5:30 p.m. with no Saturday operation.

4.  Recycled bituminous dust-free surface on the area traveling to and from the mine, the turnaround and area in front of the facility.

5.  Any spills or release relative to the dry batch ready-mix plant need to be reported to the MPCA, the Township and property owners within 1,000 feet, consistent with MPCA regulations.

6. The height of the structure shall not exceed the height of the berm and/or screening east of Dodd to Highview, and no portion of the plant shall be visible to houses on 235^th Street, east of Dodd.

7.  No truck hauling to and from the mine on Eureka Township gravel roads except, for sites within the Township.

8.  Subject to the applicant and the Township executing an amended Development Agreement. (Information obtained from the Township Clerk).

     
    
     
     

       

A WOMAN OF LETTERS...

She's been at it faithfully for quite a while now. Jody Arman-Jones takes on the compilation of the "Eureka! The News" every quarter with oversight from the Planning Commission and the Town Board. She's a self-starter and very professional in her approach to the task. She endeavors to update you, the Eureka citizen, on news from the county, the Board, the Planning Commission, even the state. Many thanks to Jody for her continued dedication!

If you have been on another planet, the Township newsletter is now being delivered electronically. If you or someone you know hasn't done so yet, email the Town Clerk with your email address and request to be on the newsletter list.

If you or someone you know prefers "snail mail," that's fine, too. Simply let the Town Clerk know that a hard copy of the newsletter is desired and it will be delivered in that fashion.


While we are on the subject, did you know that by means of a simple request, you can be on an "alert" list with the Township for any Text Amendment hearings, any CUP or IUP hearings, and even any Special Meetings of the Board or Commission? All that is needed is that you request it of the Clerk and you will be notified. This has been a policy in Eureka for quite a long time. Take advantage of it and stay involved and informed!

The Township website is another forum for information. A quick call to the Clerk can give you such information as you need it. The official posting place for Eureka is the bulletin board on the south side of Town Hall. There are also two official newspapers that are used for public hearing notices as required by law.

                         KNOWLEDGE IS POWER!

I believe the strength of a democracy lies in its citizens and their involvement in government - local or otherwise. How do you "measure up?" Meet your neighbors at Town Hall and make our "grassroots" government all it can be.

THE EUREKA NEWS

             

                           

           

SPECIAL EUREKA TOWN BOARD MEETING - JULY 1, 2015 AT 6:00

      A special meeting of the Eureka Town Board will be held to consider the application for an accessory use "dry batch ready mix plant" by Windmill LLC.  A Public Hearing was held by the Planning Commission regarding Mr. Kenny Miller's application on June 10, 2015 ( the Public Hearing Planning Commission minutes, which include citizen comments, can be reviewed on the Eureka Website). The Planning Commission held a Special Meeting on June 23 to engage in discussion regarding the Public Hearing comments to develop the Findings of Facts and make a recommendation to the Town Board.

                                                                               

EUREKA PLANNING COMMISSION PUBLIC HEARING - JULY 2, 2015, AT 7:00                                                  

     The Eureka Planning Commission will meet on July 2, 2015,  to conduct a Public Hearing. The purpose of the Public Hearing is to consider the application by Kelly Aggregates, Inc. for an accessory use "dry ready mix plant." Citizens will be allowed to speak at the hearing and express their concerns or support of the application. If citizens are not able to attend the Public Hearing, they can submit written comments. It was agreed at the June 8, 2015, that Mr. Brosseth's documentation was submitted on May 14, 2015. 

 

     If citizens have a question regarding the history, reasons decisions were made, the questions asked and recommendations of the Township attorney, how Town Board and Planning Commission members voted, or the process utilized by the Planning Commission and Town Board to address the above applications, please review the following:  Town Board and Planning Commission meeting minutes, Special Meetings and Public Hearing minutes (Windmill LLC.) from November 2014 to present on the Eureka Township website.



                                                                 ENJOY A SAFE 4TH OF JULY!

                                                                                                  

HERE COMES THE SUN....

George Harrison aside, a "community solar farm/garden" could be coming to your neighborhood sometime in the future.

The Township Planning Commission has received inquiries of late concerning Eureka's permitting process for community solar farms from an energy company in San Francisco, CA. Individual Board members have also received informal inquiries on the subject from some landowners, presumably with prior contact with the CA company or others like it.

Although the first thought by some was "We don't allow them; there'd have to be a Ordinance Text Amendment request," further examination of the Ordinances, in particular Ordinance 3, Ch. 4, Section 13, B, 2, reveals the following:

2. Alternative Energy Systems 
All normal energy systems shall comply with State codes. To provide for new and innovative approaches to the generation of energy for use by residents, businesses and industry in the Township, exceptions may be made to height regulations, setback distances, lot coverage, accessory uses, and all other applicable Ordinance 3 Ch. 4 80 standards in all districts for proposed innovative energy systems, associated equipment and structures. All modifications will be made through a conditional use permit process. 

This has been a "hot" topic of late in the state as well, as evidenced by a few news articles provided below for your convenience:

Xcel Energy

PUC approval
Ecolab solar garden
Solar Power and "Generation Gap"

Such panels, of course, have been installed on warehouse and home rooftops, and bring to mind large-scale ground operations such as those in California or in Arizona deserts. This use could offer larger landowners in the Township an alternate source of income.

Questions/comments raised at the last Town Board Meeting included: 1) We need/want to keep the Township agricultural; 2) Could such a use be limited to less productive farmland, preserving the more fertile acreage for agriculture in the usual sense? 3) What have other communities near us done on this topic? 4) Is this something the Township should examine in detail before any applications come as this hasn't been done before?

As a result, the Board passed a moratorium on solar energy uses to allow time for study. Under State law, the moratorium is in place for six months and can be extended for another six months.

The Planning Commission was tasked with this effort.  How this might be accomplished is likely to be a matter of initial discussion at the next Commission meeting. Supervisor Jennings has already provided the Commission a copy of Empire Township's solar ordinance as information.

The Planning Commission is very busy lately! Aside from its usual duties, it has been tasked with the Comprehensive Plan Update, an examination in greater detail of the Transfer of Building Rights Ordinance and Procedure, the Re-codification of the Ordinances, and now the solar issue.

                        STAY TUNED!

ARE YOU BEING HEARD...CORRECTLY?

Those of you who have testified at public hearings: Have you ever given thought to whether or not your words have been correctly documented in the written record? While the Clerks do a very good job of rendering minutes, it might be worth your while to proof your comments in draft form before they are approved and become the official record.

Just a word or two inadvertently omitted--"not," for instance--can make a significant difference in perceived intent. Well, yah! But this has actually happened in the past! Once the minutes are approved, they stay the way they are. Something about the error could be mentioned in a subsequent meeting's minutes, but good luck in that ever really being connected and making an impact. In spite of all benign intentions of those involved. 

ad·mit

ədˈmit/

verb

1. 1.

   confess to be true or to be the case, typically with reluctance.

   "the office finally admitted that several prisoners had been injured"

   synonyms:

   confess, acknowledge, own, concede, grant, accept, allow;

AND

con·fess

kənˈfes/

verb

1. admit or state that one has committed a crime or is at fault in some way.

   "he confessed that he had attacked the old man"

   synonyms:

   admit, acknowledge, reveal, disclose, divulge, avow, declare, profess;More

   • admit or acknowledge something reluctantly, typically because one feels slightly ashamed or embarrassed.

     "I must confess that I was slightly surprised"

In another example, Yours Truly once was characterized as having "admitted" something at a hearing. See above. WRONG! I stated something. Thankfully, I was involved in meetings, read the draft, and protested the slant. The Planning Commission heard me and changed the text. It is of note, however, that if I hadn't said something, I would have gone down in history so to speak with all the connotations attached. After all, who has the greatest interest in making sure the minutes are accurate when it comes to your testimony?

Words make a difference!

Now that you are informed of the opportunity to read the draft minutes and are afforded the opportunity to do so, whether online, at Town Hall, or on your requested hard copy, it would be a good thing to do after a public hearing at which you spoke. Since you are the speaker, it makes sense that you can always request that the audio recording be checked again if you have an objection. Of course, what you said, IS what you said.  

NOT JUST FOR BREAKFAST ANYMORE...

At last night's Town Board meeting, the Board adopted a policy or practice of posting draft minutes of meetings on the Town website as soon as the draft is finished by the Clerk.

This suggestion was brought up at the Round Table Meeting between the Board and the Planning Commission and was discussed again last night. Why is this of any significance?

Because the discussion made clear the public's opportunity and, indeed, right, under the Minnesota Government Data Practices Act (MGDPA) to access this information so as to be better updated sooner.

While the posting of any minutes on the Town's website is actually optional, it has been Eureka's practice to do so, enabling the public to more easily be informed of Township matters without having to attend each meeting. It is also helpful in researching how a particular matter was handled in the past, by going into the archives of minutes. 

What is now new is the posting of the draft minutes. In the past, the only draft minutes that have been posted were those from the Annual Meeting. These are not approved until the following year's Annual Meeting. It is important to be aware that draft minutes CAN and often DO change.  The minutes are not official until approved by the Board or the Commission. That is the reason for the large "watermark" saying "DRAFT" that goes across the pages diagonally.

What is not optional is the public's right to make a Data Practices request for (even) the draft minutes. Draft minutes and even the Clerk's notes in composing these minutes are considered to be public information under the MGDPA. 

As a member of the public, you can come in and "inspect" the draft minutes, that is, read them at Town Hall. You can also request paper copies of the draft minutes at $0.25 per page. (This amount is set by the law.) This is similar to requesting a copy of the audio recording of a meeting before it is destroyed upon approval of the minutes from that meeting. The destruction of the disc is in keeping with Eureka's retention policy filed with the State, as required. As long as the government document is in existence, you have a right to request a copy, generally speaking. (There are some exceptions to the MGDPA.)

So now there is even less reason to say, "I didn't know that! Why didn't somebody tell me?" (Heard from time to time at public meetings!)

                              BOTTOMS UP!

NOTHING TO "CROW" ABOUT?

Our Township, like many others, uses the mechanism of an escrow fund to pay fees incurred during a process requested by an applicant such as a public hearing for a Text Amendment, for a Conditional Use Permit (CUP), or for an Interim Use Permit (IUP), as well as in other instances.

When such requests are made, there are "standard" costs such as for officials' attendance, required newspaper publication, sending out letters to neighbors within 1,000 feet, and so on. This amount is paid by the applicant and is nonrefundable, for obvious reasons.



The escrow is a separate amount in addition to these "standard" costs and both must be paid at the time of application in order for the application to be considered complete. The Planning Commission and the Town Board aren't supposed to move forward on any application that is incomplete. Makes sense, right? The applicant is to be notified in writing within 15 days of submission if his application is not complete and is informed as to what is still missing.

The thing with escrows, however, is that they are more like a "down payment." That means the initial amount -often $1,000- stipulated in the Fee Schedule (Ordinance 7) is paid up front to cover any additional costs such as attorney fees or engineer fees as they come up. But that thousand dollars does not represent a total figure necessarily.  It is up to the Commission and the Board as to what additional information they may need in processing an application like this and that information can include such things as attorney consults, for example. If it should happen that more than one thousand dollars is expended, the applicant must also pay any additional fees.  On the other hand, it is certainly possible that less than the one thousand dollars is spent.  In that case, the extra amount is returned to the applicant at the end of the process.

For some uses, there are escrow accounts held by the Township on a continuing basis.  If the account should fall below 50%, it must be replenished to the stipulated amount, which is sometimes $4,000. All this can be spelled out in a development agreement, for example.

This should make a lot of sense and seem right to you because, unless the applicant pays both the "standard" and any escrow amounts involved, you, as the taxpayer, pay. Because the engineer's or other bills still have to be paid, of course! The applicant is and should be the one to pay all costs of gaining his permit or holding his hearing. Period, in my estimation. If someone refuses to pay an additional amount or later requests and is granted a refund, as has actually happened, you and I, through means of the general fund, end up paying for someone else's hearing, entailed attorney fees, or whatever else was deemed necessary.

In the case of a permit, the Township has the simple remedy of at least not granting the permit if any additional costs are not paid in full.  We even have an Ordinance (born out of "necessity") that states that, before receiving any additional permits, any outstanding bills from the past must be paid first.

In the case of a CUP or an IUP, reasonable and related conditions may be placed, but ultimately, these are permitted uses.  We grant them when the procedure is followed correctly and the applicant agrees to all such conditions.  It's possible one may not be thrilled by some conditions, but if they can be defended as related and reasonable, they would stand. As a citizen, you are entitled to such a permit if you agree to the conditions. The Township can regulate by allowing some uses in the list of CUPs and IUPs and not others. One cannot get a permit, even with conditions, for a restaurant as we do not allow that.  It's not on "the list."

But in the case of a hearing, say, for an ordinance text change, the hearing results in their entirety may not be to the applicant's liking. The Board can turn down a Ordinance Text Amendment request. It does not have to allow the use being asked for. This is different from a CUP or an IUP situation. There have been such hearings in the past whereby the applicant was not granted the text change he or she sought. Whether the hearing results are what the applicant wanted or not, or even if the request is withdrawn, but after the fees have been charged for services rendered while the request was in play, does not relieve that person from his/her obligations. Those obligations are taken on at the outset.

ob·li·ga·tion

ˌäbləˈɡāSH(ə)n/

noun

1. an act or course of action to which a person is morally or legally bound; a duty or commitment.

o·blig·a·to·ry

əˈbliɡəˌtôrē/

adjective

1. required by a legal, moral, or other rule; compulsory.

   "use of seat belts in cars is now obligatory"

   synonyms:

   compulsory, mandatory, prescribed, required, demanded, statutory,enforced, binding, incumbent;