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Board of Adjustments Minutes March 24, 1998 Page 2 • provide an array of research and development services related to food, animal nutrition, and agricultural products for Cargill operations around the world. He stated this is the type of operation the City is hoping to attract in the I-1 zone. Mr. Fontaine stated the proposed project by Cargill would not cause any pollution, would be compatible with neighboring property uses, is a permitted use within the I-1 zone and meets all the performance building standards, and is consistent with the Comprehensive Plan. He stated that from Cargill's standpoint, they have met all the City's requirements and are entitled to a building permit and under Minnesota law and are entitled to build the facility because it is a permitted use. Mr. Fontaine stated that in order for the ordinance to be applied legally, the City must allow development of a permitted use to occur at some point in time. Mr. Fontaine stated City staff has informed Cargill city sewer and water will not be available anytime in the foreseeable future, if ever. The City Engineer,Terry Maurer, informed him the only plans under consideration are as stated in the interim feasibility study dated July 1997, to extend sewer and water into project areas A and C,which is one-half mile or more from the project site. Mr. Fontaine questioned why the urban service area was extended into the Cargill property if there are no plans to extend sewer and water for at least 20 years, or possibly not ever. Mr. Fontaine stated the City cannot impose a moratorium on development for an indefinite period of time or for as long as 20 years. He stated that application of Section 900.20(16) would result in arbitrary capricious unlawful conduct by the City. Mr. Fontaine stated he felt this issue could be worked out with the City, but if not, they were prepared to take action to protect their legal rights. • Chair asked Mesich why Cargill is against going through the process to amend the ordinance to allow the proposed development. Mr. Fontaine indicated that by Statute, Cargill must appeal within a certain period of time to protect their rights. He asked the City to present a specific proposal to amend the ordinance for them to review. He felt the City should not expect Cargill to agree to seek a conditional use permit and wait to see what conditions would be required. Mr. Fontaine expressed Cargill's concern for the special assessments they could incur on their 980 acres, most of which is outside of the I-1 zoning. He stated Cargill is not interested in taking any action that will create the slightest risk that the City will use an ordinance amendment or other controls to prove benefit of water and sewer. He estimated the assessments could be up to$10 million or more. Mr. Fontaine indicated Cargill would like to find a solution to the matter so that the proposed facility can be constructed and they will not be faced with a similar situation in the future for other projects. He stressed that Cargill has been at this location for 40 years and plans to be there forever. He expressed Cargill's willingness to work with the city to resolve their issues. There being no further public comment, Chair Mesich closed the public hearing. Commissioner Thompson asked Mr. Sellergren, City Attorney,why Mr. Fontaine feels the ordinance is not legally allowable. Mr. Sellergren indicated he received a large amount of material from Cargill's legal counsel in the last day and has not had a chance to review most of it. He indicated the letter dated March 23rd cites public policy and law and would • need to review the case information before advising on the merits of the argument. Mr.Sellergren stated the Planning Commission's role is to decide if