Garretson Weekly

County defers rezoning plat


May 2, 2007

    

 

Following lengthy testimony from both proponents and opponents last Tuesday, the Minnehaha County Commission deferred a decision to re-zone a plat of land near Sherman that is a desired spot for a company wanting to build an ethanol plant.

The Commission was to consider changing a 300-acre area east of Sherman from an agricultural district to a development district for Buffalo Ridge Energy, which is trying to build a $120 million plant that would produce at least 50 million gallons of ethanol per year. It would be the first large ethanol facility in Minnehaha County, and the county’s planning and zoning commission approved the zone change in late March.

However, concerns over negotiations between Buffalo Ridge and landowners near the proposed plant’s site drove two commissioners to vote in favor of the three-week deferral, while a desire for more information compelled another commissioner to join them in the majority.

Attorney Mike Bornitz, representing Buffalo Ridge, told the Commission that negotiations between Buffalo Ridge and a nearby landowner had stopped. Bornitz said that Buffalo Ridge made an offer to Delbert and Linda Danielson, who live about 650 feet south of where the proposed plant would be built. Bornitz said that Buffalo Ridge’s offer of $400,000 to buy the property was more than the assessed and appraised value of the land, but that the Danielsons – who would not be forced to move by the plant’s construction – made a counteroffer of “substantially more.” He questioned the Danielsons’ own appraisal information, which was higher and was supplied by a friend and business associate of the Danielsons’ lawyer, Bill Janklow.

“Buffalo Ridge Energy is still willing to buy this property but they do not want to be taken advantage of by the same token,” said Bornitz.

Janklow, the former governor and U.S. representative, said that the appraisal arranged by his friend was supervised by someone with decades of experience, and that a “full-blown” appraisal wasn’t requested of the Danielsons. Janklow questioned the tactics by Buffalo Ridge in the process. He said that the group never contacted a nearby landowner and that the landowners had to go to the group. He also said that there were concerns about the level of noise and traffic associated with the plant, as well as the emissions the plant would produce. Janklow told the Commission that approval of the zone change would eliminate any incentive for Buffalo Ridge to continue negotiations.

“This freight train is moving,” said Janklow. “The problem is, Mr. and Mrs. Danielson are laying on the tracks.”

Janklow said that the Danielsons are not opposed to the plant’s construction, but they don’t like the way Buffalo Ridge has handled the situation with them.

He also questioned the ability of the Danielsons to sell their property once the plant is constructed. Janklow recommended that the county declare the Danielsons’ property as condemned and settle the issue through the court system.

Another Sherman-area resident spoke in opposition to the plant. Randy Pierret, who lives south of the Danielsons, raised concerns about the effects the plant’s emissions would have on nearby water sources.

Commissioners Jeff Barth and John Pekas voted in favor of tabling the re-zoning decision for three weeks in order to give Buffalo Ridge and the Danielsons more time to negotiate, while Commissioner Robert Kolbe wanted more information on the plant’s emissions and the water supply needed for the plant.

Commissioners Carol Twedt and Anne Hajek voted against the deferral. Hajek added that she didn’t think it was right to “hold the county hostage.”

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