"STIFLE YAHSELF, EE-DIT' ! STIFLE YAHSELF!"

DOES ARCHIE BUNKER LIVE IN EUREKA???  One might think so of late!

I refer to what I consider to be a blatant attempt (once again!) to shut down this blog and silence its voices. Evidently, what is written here can be annoying or irritating to certain individuals. (Sometimes, the truth can be like that!) The latest incident involves attorney question(s) asked by now-former Commissioner Cleminson. I addressed the Board on this issue at its October meeting.

I say blatant attempt "once again" as it is my understanding that a now-former Board Supervisor also tried twice, two months in a row, not very long ago to put the item, "Shut Down The Blog," on the Board's regular meeting agenda, but was advised that this was not appropriate or even doable. Seems there is a little thing called The First Amendment! For that person who did not "get" this, that means that, generally, government cannot shut down speech. At least not in these United States of America! The Township is a Local Government Unit and cannot constitutionally tell us we can or cannot post on this blog or whether we can or cannot even HAVE a blog. What part of Free Speech don't you understand, I wonder?!

Since those attempts on the Board level were fruitless, I believe that the possible citizens behind these efforts decided to give it one more try after a recent posting that perhaps made them "uncomfortable." Hence, Mr. Cleminson's inquiry, in my opinion.

His question apparently had to do with "quoting draft minutes" on this blog-- was this permissible, and, evidently, were any laws being broken since one blogger is a Planning Commissioner and another is a Board Supervisor. I have to say "apparently" and "evidently" as the questions asked and how they may have been framed or even slanted were never revealed.



Interestingly, Cleminson was one of three Commissioners on an earlier Commission who seemed to insist that no feedback would be willingly accepted by them from any professional or outside source--for example, from Brian Watson of the SWCD or Travis Thiel of the VRWJPO--unless accompanied by the precise questions which were asked resulting in that information. This was directed mainly in my opinion at then-Commissioner Jennings who had this "nasty habit" of asking professionals for input to assist the Township. Now, I agree that the framing of a question CAN certainly affect an answer to it, but this "outside" input did not seem welcomed by those three Commissioners, as it appeared to me. I saw it as a lack of trust, even at a low threshold.

So the courtesy that he asked for from others in the past was not afforded by Cleminson in the present to the Board or the Commission who were copied on the response.

At least Cleminson did receive an okay as required from Attorney Contact Kenny Miller to speak to the attorney, ostensibly about a fence ordinance Cleminson was to be working on. (You may recall three phone calls then-Supervisor Ceminsky made to the attorney all on his own. See earlier blog.) By his own admission, Supervisor Miller said he may not have been too clear on exactly what Cleminson was cleared to talk to the attorney about. Hmmmmm...

In response, I stated to the Board that I do not "quote draft minutes" on the blog. Mainly, I work from memory. But even more to the point, it wouldn't matter if I had. Apparently, it was alleged that this looks like some are getting "preferential treatment" just by having the draft minutes. But, at the June 8, 2015, Board meeting, I brought up the posting of draft minutes on the website as a service to the citizens so that they could keep up with Township happenings in a more timely fashion. Some in our government, past and present, have been reluctant to do this, but it just so happens that draft minutes--in fact, even the Clerk's notes taken at a meeting--are public information. Supervisor Behrendt moved and Supervisor Jennings seconded that the Clerk post the draft minutes on the website as soon as they are complete. This passed unanimously. So, if posted and available to all once complete, how is anyone being given" preferential treatment" regarding these minutes? If Cleminson had attended that meeting or at least read the minutes, he would have been aware of this development.

Regarding the recording discs, those are available to the public from the time of the specific meeting recorded up until such time as those minutes are approved, when the disc is then destroyed under Eureka's retention schedule filed with the State. No "preferential treatment" there either, it would seem.





Further, the Open Meeting Law was amended, effective January 2015, specifically to say that persons on a public body using social media for exchanges with the general public are not in violation of this law. In other words, this blog is exempt from the Open Meeting Law!

                                 Remember him?

EUREKA NEWS!

POSTING NOTICE                                                              

     

       
EUREKA TOWNSHIP
PUBLIC HEARING
Notice is Hereby Given: The Planning Commission of Eureka Township will hold a public hearing on Monday, October 19 2015, in the Eureka Town Hall located at 25043 Cedar Ave., beginning at 7:00 pm. The purpose of the public hearing is to consider an application by Karla Schrader and Merlin Leine for a Conditional Use Permit to install a residential solar energy system at 24698 Cedar Avenue.

Such persons desiring to speak in regard to this matter will be heard at this hearing.

Mira Broyles
Clerk
Eureka Township
Posting Date 10-6-15


     Phil Cleminson, Planning Commission member, turned in his resignation to the Planning Commission at the Monday, October 5, 2015, Planning Commission meeting. The resignation will be addressed at the Tuesday, October 13, 2015, Town Board meeting.

     The Eureka Town Board Ordinance 2, Chapter 3, Section 2 and 3 states the following:

    " Notification of all upcoming openings on the Planning Commission shall be made 

public. Commission members shall be appointed from among persons in a 

position to represent the general public interest. Geographic dispersion should be 

considered as part of the appointment process. No person shall be appointed 

with private or personal interests likely to conflict with the general public interest. 

If any Member shall find that the Member’s private or personal interests are 

involved in any manner coming before the Commission, the Member shall    

disqualify himself from taking part in action from the matter, or the Member may 

be disqualified by the Chairperson of the Commission. 

The term of Commission Members shall be three (3) years beginning on May 1 

and ending on April 30 three (3) years after."

     "The Town Board shall fill such vacancies within 60 days for the unexpired term of the original appointment."


   
                                                                   

"CAN'T WE ALL JUST GET ALONG?"

     A few weeks ago I was enjoying coffee and lunch in a downtown Lakeville coffee shop.

I was approached by a citizen from Eureka and asked if I would mind if he joined me for a few minutes.  Of course, I always look forward to chatting with citizens in my community and asked him to do so. 

     His conversation begin with a statement "why can't we all just get along in Eureka?"

I suggested that it might not be that complicated if citizens were willing to respect their neighbors, follow our ordinances and support the positive and legitimate activities that will

enhance our community; perhaps a sense of harmony would follow.

   My table guest suggested that the local leaders, "since they have their own agendas anyway, could turn their heads for others and not follow the letter of the law as strictly as they might believe is required." I remembered the behavior of this fellow when he attended a Town Board meeting which involved neighbor's concerns and possible questionable activities on the property.  After a discussion engaged in by all parties, the property owner sat down behind the neighbors, leaned forward and said something along the lines of "it's a good thing that you are both old because you will die before me and I can then enjoy my property." TRUST ME, this type of behavior will NOT create harmony in this community.

 

     I have attended most Town Board and Planing Commission meetings. In my opinion, there seems to be a handful of citizens in this community who attend meetings with the intent to

harass/insult local officials, at times bright and strong women with exceptional leadership qualities. This community has strong leadership in both men and women; their willingness to sacrifice and dedicate their time and expertise should be applauded and appreciated. The pay scale is not what attracts candidates.  In my opinion, there should be a belief that with hard work and a commitment to do what is best for the majority of the citizens in this community, we will emerge as a Township that is prosperous, offers a sense of peaceful living and a beautiful and safe environment to raise children.

     Engaging Eureka In Government is a blog that was developed with the intention of informing citizens of issues and activities within the Township. The majority of citizens, with their busy lives, are not able to attend Planing Commission and Town Board meetings, nor are they able to listen to a CD copy of the minutes for details. Minutes of the meetings are posted on the Eureka Township website after they are discussed, approved, etc.

by the Town Board and Planning Commission at the next month's meeting. The blog might include information regarding issues discussed, approved etc. at Town Board and Planning Commission meetings. Also, the blog offers opinions submitted by the writer which might include personal opinions or details that are not elaborated on in the Township meeting minutes.

     It has been brought to my attention that a few citizens in this Township

have tried, on more than one occasion, to "shut down" the blog.  The citizens trying to shut down the blog (in the last couple years) were in leadership positions when they allegedly/reportedly did so. They have gone as far as to try to involve the Township attorney. I would like to remind the obstructionists and those who might feel threatened by the content of the blog, that Freedom of Speech, the right to communicate one's opinions and ideas without the fear of government retaliation or censorship, IS PROTECTED by the First Amendment.

     Yes, I believe the citizens in Eureka can come together to promote community harmony.
The spirit of the community can be enhanced by welcoming new neighbors, introducing them to the Town Hall facility and staff, the website and community leaders and engaging them in the process of resolving community issues. Citizens need to have reasons to be excited about living in Eureka. Respecting the local ordinances, local government officials and neighbors can go a long way to promote community spirit and the health and well- being of its citizens.

     

IT TAKES ALL KINDS...

You remember the saying: It takes all kinds to make a world? I've never been so sure that we need all kinds to make a world, just that they probably do exist in this world. No matter what, I believe that many kinds of people can work together to make the world a better place.

Believe me, many kinds were represented at a recent Planning Commission meeting:

Person A: Came in for accessory building permit. He had obviously been to the website and had followed directions there to draw a totally complete site plan. Thank you! Smooth process

Persons B and C: Didn't include the required site plan when their accessory building application was turned in, but they were informed of this ahead of the meeting, and they appeared with a complete site plan. Great working with you!! Smooth process.

Persons D and E: Hi, how are you? Have seen a lot of you lately! Thank you for coming back in one more time as directed by Town Board for approval of your amended building plans. No problem; very pleasant. Smooth process.

Persons F and G: "G" is there representing an absent party. Person F is agreeable and polite throughout/despite what followed. Thank You!

However, almost right away, Person H in audience (related to F?!!) loudly and repeatedly (and not very politely) speaks out without being recognized by Chair, rambles on, and finally ends with a pointed "What's your problem?" No problem here; please wait to be recognized by the Chair before you speak and please let us (the Planning Commission) go through our process. Then Person G speaks out of turn to the attorney in what I consider a disrespectful tone. "G" is informed that he is out of order as he was not recognized by Chair. It goes on in kind from there. Not such a smooth process. But at least Person F has his application forwarded to the Board for approval.

NEXT UP:

                                                                                                                                                           

Persons I and J; J is representing I. Both apparently start out presuming ill will on part of Chair. (Chair had a couple days earlier come across these two individuals at Town Hall and took time to try to calmly explain the new process and new Ordinance to them, correcting faulty advice already given to them.) Why "apparently presuming ill will?" As soon as Chair says something that they think contradicts what they thought they had heard earlier and understood, I and J start actually shouting at the Chair, making personal remarks and are joined by Person G from above, also shouting, also making personal remarks.

Okay, how smooth do you think this process was? Not smooth at all! In spite of what I can only call personal attacks, Person I had his application forwarded to the Board for approval. When told that the Chair, who seconded the motion, didn't really appreciate his coming in and talking the way he did (following Person J's lead?), Person I at least had the good grace to apologize and sound as though he meant it.

Considering that Persons G and J were among the individuals who were instrumental in the recent what I have heard some call "The Eureka Witch Hunt" directed (ineffectively) against then-Commissioner Jennings, I guess I shouldn't have been surprised.

NEWS FLASH: It is no skin off the Planning Commission's noses to recommend approval on something that you are entitled to under the Ordinances! We are there to assist you in the process. The Commission does have an obligation to the entire Township to go through all reviews thoroughly and make sure that all zoning ordinances are followed correctly. That entails checking and re-checking the Ordinances and each and every application to be sure that nothing is being missed. We try to go through the process in a methodical, step-by-step manner. That's our job. We do this for everyone and try to be fair and even to each, thus being fair to all.

Eureka is a small community. Wouldn't we all like to live in peace and harmony by the rules that we, as a community, have agreed to by a public process? Surely, people can meet each other half-way in a civil manner. I would think it is in anyone's interests to act in such a manner. What does one gain by treating people poorly, I wonder? Indeed, there is an adopted Township policy that defines what is acceptable behavior at meetings. I don't think this is too much to expect. Ask yourself: Which people above would you like to work with or even be present in the audience for when they came up? Probably not too hard to decide.

EUREKA NEWS!

                    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. 

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.

Mira Broyles, Clerk                                                       

Posting Date: 8-6-15

                   

DEADWOOD APPEARS TO BE PRO-ACTIVE IN PROTECTING ITS CITIZENS!

'Fur' sale

Fur-Ever Wild business property listed for sale

Posted Saturday, August 1, 2015, 6:30 A.M.

By Jaci Conrad Pearson Black Hills Pioneer ! Posted 3 days ago

DEADWOOD ---- In town fewer than four months, in business for little over two, the

Fur-Ever Wild business property that houses wolf pups and other wild and exotic animals, and that has come under intense scrutiny by members of the community, is listed for sale.

"Fur-Ever Wild has decided to sell our location in Deadwood, South Dakota, because of the 

changes in rules, regulations, and ordinances from the City of Deadwood and the Animal Industry Board," said Fur-Ever Wild owner, Terri Petter. "The Deadwood facility was bought after the City of Deadwood gave us permission to open a facility with no city restrictions."

However, a recently approved ordinance in Deadwood prohibited the business from increasing the number of animals it could house, and the State Animal Industry Board denied Petter her plans of allowing the public to pet the young animals. 

"After the new ordinance was approved prohibiting us from change or growth, making us keep the same amount of animals and the same species year after year, would be catastrophic to our selective breeding program," Petter said. Not to let a business change or grow is the death to any business and the City of  Deadwood knows this. Two City Council members even refused to come out and see the facility; their minds were already made up before even seeing our facility or talking to us."

Deadwood businessman, Greg Vecchi, who owns the property at 305 Cliff St. in Deadwood and has a contract for deed arrangement with Fur-Ever Wild owners, Petter and Dan Storlie,

verified that the property has been listed for sale. "Essentially, I still own the property. 

It is on a contract for deed," Vecchi said. "They're putting it up for sale with my permission.  I have given them permission to put it up for sale and they can keep it for sale, as long as they follow the provisions of the contract for deed. Right now they are following that."

Petter said that for months, the State Animal Industry Board told her that pet-n-plays were possible if she followed certain guidelines. "The facility was bought knowing that these guidelines were met," Petter said.  "At the end of the Animal Industry Board hearing, after being told there weren't any issues, the head vet changed his recommendation to not allow public contact with certain animals, even though other facilities have been doing it for years

and can be documented. Both changes in opinions and regulations are sad for both the State

of South Dakota and the City of Deadwood who allows rodeos and circuses, who is proud of the beef and other agricultural industries, who invite tourists in to take their money,  doesn't want kids' educational attractions, but backs casinos and other non-kid friendly attractions."

The business, headquartered in Lakeville, Minn., met resistance locally from people opposed to keeping wild animals in captivity and living conditions they alleged were substandard at the Minnesota facility.   

(Information copied from the above indicated site).                                                                  

DAKOTA FREE PRESS WEIGHS IN ON A EUREKA ISSUE

Township Orders Removal of Exotic Animals from Minnesota Fur Farm

Posted 2015-06-12 07:38 by caheidelberger 60 Comments

Minnesota fur farmer Terri Petter won a state license to display her wolf pups in Deadwood last month, but she may need a new place to breed and skin her critters.

Eureka Township, MN, Resolution 2015-11, signed by Eureka Town Board Chair Brian J. Budenski 2015.06.08. (Click to embiggen!)

At its Monday, June 8, meeting, the Eureka Town Board approved Resolution 2015-11 directing its attorney to start the process of ordering the owners of the property at 10132 235th Street West, Lakeville, MN (that’s Petter’s 57-acre Fur-Ever “Wild” fur farm) to “permanently remove all exotic animals.”

The resolution responds to an April 27 ruling by the Minnesota Court of Appeals that Eureka Township improperly rejected a nuisance complaint from neighbors of the fur farm. The Court of Appeals found that the township misread its own animal ordinances. The town board had previously ruled that Petter’s wolf-skinning counted as fur production from livestock, allowable under the township’s “right to farm” rules. However, the Court reminded the township that its own definition of “livestock” explicitly excludes “exotic animals.” The town board had also accepted Petter’s argument that her state game-farm, state fur-farm, and USDA exhibitor’s licenses. The Court said such licenses do not trump local ordinance.

The Court of Appeals remanded the case to district court to determine whether the township’s grandfathering exception would allow Petter to keep her critters. Eureka Township adopted the ordinance in question on June 7, 2005; the board became aware that Petter was keeping exotic animals in 2006. The grandfather clause would allow Petter to keep the number of animals she had prior to the ordinance, but as the Court of Appeals ruling notes, Petter appears never to have provided the town board with an accurate, dated list of the number of animals on her fur farm before or after 2005.

The township appears not to be waiting for a district court ruling; Resolution 2015-11 focuses on the language of the agricultural and exotic-animal ordinances, with no mention of the grandfather clause.

Based on health and safety concerns published here on May 19, the Animal Legal Defense Fund asked the USDA to investigate possible violations of the Animal Welfare Act at Fur-Ever “Wild”, an exotic-animal fur farm in Eureka Township, Minnesota. On June 3, Petterposted a letter from the USDA indicating that animal care inspector Kimberly S. Miller had found “no noncompliant items” during a routine inspection on that day:

Fur-Ever “Wild” apparently cleaned up its act after an unofficial visit by a South Dakota animal control officer earlier this spring revealed unhealthy and unsanitary conditions. Clean and healthy or not, the township ordinance on exotic animals now appears clear: Petter must remove her wolves and other non-domesticated, non-agricultural animals from the property.