Cornell City Council - Neighbors have had enough, demand action by city

For the last few years, residents nearest the Wisconsin Veteran Farm & Winery, on 921 South Eighth Street in Cornell, owned by Dan Osborn, have, in their words, put up with a lot. Now, it’s at last come to a head. Cara and Sam Meier, and Carla Maier, also speaking for her husband, Ben Maier, who was absent, were on the agenda, Sept. 4, to once more plead their case with the Cornell City Council. Previously, the couples preferred to remain as anonymous as possible, when referencing their complaints about Osborn and what goes on at his property. That was not the case this time. However, before they were even to that item of business, Osborn spoke during public comment, stating that the forum the business was to be conducted in was not appropriate. Osborn made similar statements at a past meeting, in regard to discussion of his business, which doubles as his residence. “You guys still continuously harass me,” he said. Osborn informed the council, that if they continued with the agenda that night, as it was set, he would sue for harassment and conduct unbecoming to their station. “You do what you need to do, Dan,” said mayor Mark Larson. Upon reaching the agenda item in question, C. Meier asked the council to work in conjunction with the Board of Zoning Appeals, to revoke the Conditional Use Permit that was obtained a number of years ago, by Osborn, in order to operate the winery at his property. C. Meier referenced the permit, that states any noise or adverse affects on neighboring properties, is a violation of the permit. C. Meier and her husband have made numerous complaints to the police department, regarding loud noise and music coming from loudspeakers, that, according to the Meiers, are facing their property. She also felt that since the permit states there is to be no extra outdoor lighting, the lighting that has been installed around the house and shed is too much. She also mentioned that there has been a large removal of dirt on Osborn’s property, to fill in a ditch, that has caused drainage and excessive flooding in the Meiers’ back yard. “I have tons of water in my back yard,” affirmed S. Meier. C. Meier said, in case of non-compliance or a complaint received, the Board of Zoning Appeals can meet and vote to rescind the Conditional Use Permit, which is what they were requesting At that point, Osborn broke in, raising his voice and interrupting anyone who tried to speak, stating that his life has been threatened and disputing what the Meiers said. Larson informed Osborn that C. Meier had the floor and that he was speaking out of turn, which did not set well with Osborn. “No, you’re out of turn,” he told the mayor. Larson then summoned law enforcement, who were present at the meeting and Osborn was escorted out by two Cornell Police officers. Once order was restored, C. Meier resumed her appeal to the council. “We are really at a point, that we have had enough,” she said. “And literally at our last wits, asking for your guys’ help.” C. Maier also feels that Osborn has no consideration for his neighbors. While she admitted she likes music, she feels it is turned too loud, when she is inside her house, blow drying her hair and can still hear it blasting. “It’s excessive,” she said, adding that Osborn also runs his tractor/skidsteer for eight to 10 hours in a day’s time, right up until 10 p.m., which causes a disturbance. Since Osborn is zoned agricultural, Larson was not sure whether the tractor issue can be addressed. “He’s filling in the cattails – he’s doing whatever he wants,” said C. Maier. Be that as it may, Larson told her that is a DNR matter. C. Meier mentioned that she’s talked to DNR staff directly about the potential wetland disturbance, as well as other incidents, with multiple police officers, the mayor and multiple council members, with little results. That’s why she is begging to have the Board of Zoning Appeals revoke Osborn’s permit. She knows it does not revoke the alcohol permit he has through the state and her understanding is, that he has another property he could transfer that permit to, so he would not have to lose his business. “It is transferable to properties, as long as it stays in the person’s name,” she said. “He could easily do that, and move his entire operation and get it out of residential area…and move it to the commercial property on (State Hwy.) 27.” Council member Tim Smith asked if that wasn’t the point of acquiring the new location, for that purpose, but council member Bill Kvapil believed that was just for manufacture of the wine, while council member Dave Hoel thought Osborn had merely mentioned it was a possibility to move the entire enterprise to the highway location. Regardless of what the original plan was, a move is not something the council can force him to do. That’s why it comes down to the Conditional Use Permit, and whether or not it’s been violated. C. Meier said, for the most part, Osborn follows criteria of the permit, but, in her opinion, seven criteria are not being followed “It’s only gotten worse every year,” said S. Meier. “We are begging, at this point, for your help, because we cannot take it anymore,” said C. Meier, who was in tears by then. City administrator Dave DeJongh informed the neighbors, that if there continue to be noise issues, to contact the police department and that there is another avenue by which to settle the matter. C. Maier feels that continuously calling the police is a waste of their time, when it could be used for other enforcement throughout the city, but it was agreed that is the best option in dealing with Osborn. Be civil, document everything and be patient. That was the advice from police chief John Kosterman and Larson. “You see how violent it’s getting,” said S. Meier, adding that they are concerned with retribution from Osborn. “Our other neighbors are scared to show up, that’s why they’re not here.” Kosterman addressed the couples, sharing that the police department doesn’t make knee-jerk reactions, unless it’s an emergency, and makes careful investigations. However, he did say the department was called out to Osborn’s property over the past weekend, and that he is being cited. “We’re not trying to be unreasonable,” said C. Maier. “I understand where you’re coming from, but it’s a long process, according to our attorney,” said Larson. In a consensus from the council members, they will seek legal counsel and pursue whatever action their attorney recommends. “We don’t turn a blind eye to stuff,” said Larson. “It might seem like it sometimes, but we don’t.”