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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/10/2008Present: Junkyard Ordinance Public Meeting Fergus Falls Government Services Center July 10, 2008 -6:30 p.m. County staff present at the meeting were Commissioners Everett Erickson, Roger Froemming, Dennis Mosher, Syd Nelson, and Bob Block; Solid Waste Director, Mike Hanan; County Attorney, David Hauser, County Board Secretary and the Solid Waste Public Education Officer. There were over 100 members of the public present. Introduction: Solid Waste Director, Mike Hanan, stated that 12 years ago the County discussed adopting a Junkyard Ordinance and at that time, the State indicated an intention to adopt a Junkyard Ordinance; however, that never happened. Since that time, the Solid Waste Department has been receiving complaints from the public which are difficult to address without a Junkyard Ordinance. A group of people requested that the County do something. Mr. Hanan asked the County Board if they wanted to discuss a draft Ordinance and the Board decided that it might be time to discuss this again. This is not an Ordinance that Otter Tail County is publishing to propose to adopt. It is an issue that needs to be addressed and statutorily, the County has the right to regulate junky yards all the way to actual Salvage Yards that exist. The County took a step back from the normal process, developed draft ordinance language, and has asked for an informational gathering process by holding meetings around the County. The purpose of the meetings is for public input in the process. Copies of the draft Ordinance were provided to members of the public. The State definition of junk and other county ordinances were used in the Otter Tail County draft Ordinance. Mr. Hanan stated that the intent is to listen to the information received at the public meetings and also, written comments (address was provided). The Board, then, has to make several decisions -is there a problem with junk in the County and does the County want to address the problem. If the County chooses to address the problem, then a final proposed Ordinance would be drafted. There is no set timeline as discussion could take a long time and the County wants to be thorough in the process. Mr Hanan explained Key Definitions in the draft Junkyard Ordinance. The meeting was opened to public input and comment at 6:55 p.m. • The County may need something but the proposed draft Ordinance goes too far. • I have farm machinery and I need these for parts; therefore, objects to the draft. • As a Junk Collector and collector of antique cars, opposed to the draft Ordinance. Asked that this be put to a vote by the people. • Individual pointed out a restored car in the parking lot along with a junk car (same model) and showed what can happen from old to new. Stated that too many items, snowmobiles, boats, pontoons etc. are all considered junk. Requested that the Visual Chaos Committee contact the people who have junk and assist them to clean it up and keep the government out of this type of regulation. • As part of the Visual Chaos Committee, we want the same thing. Don't want to put anyone out of business. Otter Tail County is a wonderful place to come to. Don't want to create animosity and some of the previous ideas expressed are great ideas. Maybe the language could be changed in the draft Ordinance and we could help clean some stuff up. • Concern about businesses that won't be able to get a license. • Comment opposed to Junkyard Ordinance. • Pick some prominent junk yard dealers and put together a committee to help clean up some of the problems instead of putting an Ordinance in place. Suggestion to work this out without government and prevent animosity. Junkyard Ordinance Public Meeting 7/10/2008 Page 2 • • • • • • • • • People should be able to make their own decisions regarding aesthetics . Questioned the legality of putting in this type of Ordinance . People are trying to clean up but with the gas prices, they need some help. Maybe Otter Tail County could assist more with clean up. A spokesperson for the Classic Car Club which was formed in 1967 does not want this hobby hindered. To restore vehicles, old cars and parts have to be looked at. Old cars are a big part of rural Minnesota history. I farm a small amount of land with sons who deal in scrap which is used to supplement the family's income to pay the taxes, etc. With licensing and permits, the business may not survive. I think homes that look like parks are spoiling the environment. If all metals are hazardous, then all the docks in the lake should be taken out. If these rules are passed, I can't have machinery for parts and then I can't farm. Owner of small construction business and it is hard to get rid of steel buckets of sealer and empty cans. The price to get rid of this stuff is very high. Let the people have a voice on this issue and listen to the average working people. This is taking away freedoms from people. It affects everyone because the language is so broad so that, at any time, the County could cite someone for anything. Refine the language, but still opposed to it. Government doesn't need anymore power. You own your property, not the government and unless that affects someone else, you need to fight for your freedoms. Concern was expressed for the loss of individual rights. Our nation was built upon the freedoms of this country. County government should be here to serve the will of the people. If Ordinance is written, to serve the will of the people, the entire County residence should have the right to vote on a secret ballot before Ordinance is adopted. Example was given that an old part on property was used to fix chopper. The new flat roller would have cost $500. This is economics and I don't want my children to forget their roots. • Farms in Dent, MN and opposed to Ordinance in any form. Trunk Highway Junk Yard Statute (151.42) should not be used for the authority to adopt an Ordinance. MN Statutes could give that authority but that statute has a narrow definition of junk and does not include farm machinery, tires, organic materials, etc. Another problem with the draft Ordinance is that it defines Small Junkyards, Private Junkyards, and Large Junkyards, but the Ordinance applies equally the equivalency of 5 cars or over, so there is no purpose for the definitions. Being limited to working only until 10 p.m. puts a damper on a lot of people. Another objection is the aspect of free access to property which brings about a lot of constitutional issues such as search and seizure. There should not be free access to anyone operating as a junkyard. • Language needs to be changed, but against Ordinance also. • Suggestion to look at what Becker County does on Amnesty Day -people can bring in scrap, appliances, tires, etc. free. • Salvage dealers are valuable, antique car dealers are valuable, machinery for salvage or providing parts are valuable. This is not about putting people out of business. The Lake Lida Property Owners Association organized because we were concerned about the deterioration of the quality of water and we wanted to be stewards of the land and do the right things for the land so everyone has long term enjoyment of the lakes. There has been a tremendous growth of debris and junk in Otter Tail County, and if we do nothing, in ten years -what is this going to look like? We live on a lake in Otter Tail County and have a lot of rules and regulations that cover what we can and cannot do by the lake. It is great to allow everyone input in the process. In favor of Junkyard Ordinance. • There is a responsibility to keep the land clean, but more than that, our children need the freedoms we still have and we need to fight to keep those freedoms. • Other counties have Junkyard Ordinances. Junkyard Ordinance Public Meeting 7/10/2008 Page 3 • The ordinance should not say that every piece of farm machinery is junk. • With high prices right now, you won't be able to find much scrap metal out there and the dealers are doing a great service cleaning up right now. • On Lake Lizzie and Lida, there are 3 outfits going out cleaning up farm sites in that area. Aluminum in the water oxidizes, copper oxidizes; therefore, the docks should come out of water. When the docks and lifts are out of the water 9 months out of the year, that looks like junk. • The license fees could put us out of business. How much will the license fees be? The County doesn't know. How much for the bond? The Visual Chaos Committee petitioning for a Junkyard Ordinance are the minority and the country people are going to fight. • There are a lot of negative things that have come up. There is no intention of trying to put anyone out of business. The Visual Chaos Committee would welcome a committee and would like to work with people who can listen -let's work together. • Concern was expressed about fees going up all the time. If there is going to be an Ordinance, please re-word the draft Ordinance. • Show of hands as to who was against the draft Ordinance -90% (most want to drop the ordinance) • The issue of cost to the County taxpayers was brought up. No one knows how much enforcement of this type of Ordinance would cost. • Pollution is coming more from the manicured lawns where everything is flowing into the lakes than what is happening with those of us who are working. • Junk dealers drain oil and antifreeze -all fluids; then park the vehicles. • Agreeing that a Committee to clean up without an ordinance is a good idea. • Would prefer that the County drop the Ordinance idea and let common sense take over and let the steel prices and economics be the driving force for people to bring in their junk. • This is a refreshing night when people still want to have some property rights. We get busy chasing a living and we get policed by federal, state, and county government. It is refreshing that people want property rights and that is so important. • Expressed concern about fees always going up and up and soon, someone is out of business. I love the lakes and love to fish and I have a problem with all the docks and lifts in the lake, but I don't complain. Let's use common sense and clean up the problems. • Question regarding the feeling of the Township officials relative to the Junkyard Ordinance. • Cities in the County would be included in the Ordinance only if they do not have a Junkyard or Nuisance Ordinance of their own. • Requested research as to why the State of Minnesota dropped the idea of a Junkyard Ordinance years ago. • When this becomes neighbor against neighbor, then who will pay for this? Many petitions were received against passing a Junkyard Ordinance. A letter was received from Van R Ellig dated June 9, 2008, in favor of a Junkyard Ordinance. A letter was received from Charles L. Dalseide opposed to the draft Junkyard Ordinance. A sign-up sheet for people who would like to serve on a committee to solve this issue was provided. The Public Meeting was closed for input at 8:45 p.m.