Loading...
10-23-1995 City Council MinutesCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL OCTOBER 23, 1995 1. Mayor call the meeting to order. Mayor Freske called the October 23, 1995 City Council Meeting to order at 6:35 PM. Roll Call: Mayor Norman F. Freske; Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier, Vern Heidner. Staff: Bob Kirmis, Assistant Planner; Kevin Kielb, Assistant Engineer; Andy MacArthur, Attorney; Elaine Beatty, City Clerk/Zoning Administrator; Phyllis Boedigheimer, Director of Business and Finance; Judy Hudson, Deputy Clerk; Carol Olson, Secretary. Consider Agenda12rp oval. CM Black requested the addition of: Annexation Issue under Item 9.5. CM Fournier motioned to adopt the agenda as amended. Seconded by CM Black. All in favor. Motion carried. 3. Consider Minutes of 10-9-95. CM Fournier questioned the motion for the Street Parking, if the bike paths is in this motion. The Council directed Judy Hudson to review the tape. (Note: Judy and Elaine reviewed the tape on October 24th and the bike paths is in the motion). CM Fournier motioned to adopt the City Council Minutes of October 9, 1995. Seconded by CM Black. All in favor. Motion carried. 4. 012en Forum. No one appeared on Open Forum. 5_ Consent Agenda_ There were no consent items. Otsego City Council Meeting of October 23, 1995, cont'd. Page 2. Bob Kirmis briefly went over the applicant's request for this Conditional Use Permit. Mr. Kirmis stated that the MPCA has issued an interim permit for the operation of the proposed feedlot. Mr. Kirmis pointed out that it is the City's responsibility to examine the land use compatibility issues and the proposed uses relationship with the Comprehensive Plan. Commercial Feedlots are listed as Conditional Uses in the A-1 Zoning District. Such Uses must comply with three conditions: 1. Compliance with any PCA requirements 2. Operation must comply with all animal and farm requirements as provided in the Ordinance. 3. Proposed Use must satisfy the 7 conditional use permit criteria listed in the Ordinance. The primary ones being land use compatibility, consistency with Comp Plan and effect of proposed use on property values. NAC feels that this decision rests with the City Officials. Mr. Kirmis noted that the Planning Commission recommended approval of this CUP on a split vote, subject to nine conditions, which Mr. Kirmis read from the NAC Report dated August 28, 1995. Andy MacArthur stated existing case law holds that the City is preempted from second guessing MPCA on pollution issues, absent more stringent local environmental standards. Mr. MacArthur feels that the City is free to consider all conditions and requirements set forth by the Ordinance as long as their sole function is not to prevent pollution. Issues related to the Comprehensive Plan, compatibility and possible diminution of property values should all be considered. Mr. MacArthur acknowledged that the MPCA is apparently in the process of reviewing changes to the existing rules, but the City must consider the Rules as adopted at this time as well as present existing case law. Regarding Attorney Lenhardt's memo, Mr. MacArthur highlighted his point that a decision cannot be made solely upon public opposition, but must be the result of legitimate consideration of those issues which the City can consider. MacArthur also noted that Mr. Casey's memo had raised the issue of the proper application of setbacks. Those opposing the project have taken the position that the 1000 foot setback should be measured from any waterway within the area. It has been the position of the City Attorney and the City Planner that even though the word "public waters" was not included in the ordinance, that common sense dictates that it should be interpreted to apply to public water. Nonetheless, the proposed facility does he within the 1000 foot setback and he does not recommend that any waiver be made of this requirement. The Council may also consider all issues regarding drainage. Otsego City Council Meeting of October 23, 1995, cont'd. Page 3. Staff has provided to the Council alternative Findings for both approval and denial. This has been the policy in those matters that have been particularly controversial. These are only to serve as a basic guide. The Council may add other conditions if approved, and may add additional factors and evidence that they have considered if denied. Mr. MacArthur noted that there have been requests for the City Council to consider additional material recently submitted by both sides. This material was included in the Council packets. It is up to the Council to decide whether or not they want to consider any or all of this material in arriving at their decision. Mr. MacArthur noted that the Public Hearing has already been closed, and if the Council decides not to consider the material then the information cannot be a factor in any Council decision. Under a recently enacted State Statute the City is only given 60 days in which to make a decision on an application. This can be extended an additional 60 days upon proper notice, which has already been done in this case. Even with that extension the City only has a short period of time left to take action on the request. Mr. MacArthur stated that he has reviewed the additional material submitted. The Council has previously allowed consideration of additional material if it was not available at the time of the Public Hearing. Mr. MacArthur noted that the opponents of this request have been represented by an attorney throughout the process and the applicant could have been represented by counsel if they choose. Mr. MacArthur finds it hard to recommend that the Council consider most of the material submitted since it should have been available at the time of the Public Hearing. If the Council were to consider any of the additional material it would be his recommendation that they only consider the appraisals submitted by both sides since they are directly relevant to the issue of diminution of property value. Mr. MacArthur advised the Council that they should act on whether or not they will receive additional material and whether or not they need additional time to review that material. CM Fournier motioned to accept the new appraisals (Daniels, Tessier, Granite City Appraisal) as part of the record on this issue. Seconded by CM Heidner. All in favor. Motion carried. David Lenhardt Attorney representing Lef-Co Farms, Inc. Mr. Lenhardt stated the applicant requests to table this matter to look at other alternatives. There are some appraisals submitted they haven't reviewed. Tom Casey Attorney representing the opponents Mr. Casey stated he has had as much time as the Council to review the information and has no objections for going ahead with the vote now. Otsego City Council Meeting of October 23, 1995, cont'd. Page 4. Mayor Freske asked the City Attorney if this is postponed, will they be able to come back with more information. Mr. MacArthur recommended not to accept additional information. He also noted that there can't be any further extensions. If the applicant brings in a new plan, then the process starts over. Mayor Freske noted that the Planning Commission and Council have had several weeks to review this. CM Fournier questioned the applicant if the request to table was for a new plan. Mr. Lenhardt responded that the request is not necessary to come up with a new plan but maybe some changes within the context of this plan to make it more acceptable to decrease some of the oppositions concerns. CM Heidner asked the City Attorney if these changes would have an impact, if changes would minimize this or would a new application be required. Mr. MacArthur said if there would be any substantial changes, a new application might have to be done. If project is to be moved within the site, they might not need a new application but would have to go back to the MPCA. CM Fournier motioned to table this request until the November 13, 1995 City Council Meeting. Seconded by CM Heidner. VOTING FOR: CM Fournier VOTING AGAINST: CM Ackerman, CM Black, CM Heidner, Mayor Freske. Motion failed 4 to 1. (The Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner asked if there would be significant changes to the application, would the current application automatically become inactive. He questioned why this is being done. Mr. MacArthur replied if this goes to November 13th, and a different plan is submitted, the City will have to evaluate it. If there are substantial changes it will be a different plan and the applicant would have to decide if they want to withdraw the present application with the understanding that under our Ordinances, the City may not be able to reconsider another application. If nothing new is submitted or just minor changes, then the Council would have to act on it. Mayor Freske said we have had enough time to consider this and to proceed with this. Mr. MacArthur stated the Public Hearing has been closed. The Council voted to accept the additional information. Mr. MacArthur would be opposed to taking any new information from now on. The only reason to table, would be to evaluate the specific appraisals submitted last Thursday. Otsego City Council Meeting of October 23, 1995, contd. Page 5. CM Heidner asked the applicant the following questions: 1. Are there any plans for screening from the road? Greg Lefebvre replied yes and this was included in the blueprint they submitted. They will plant Maple Trees and fast growing Evergreens. 2. Have you considered berms? Greg Lefebvre said possibly. 3. The pipes that will be used to pump manure to the fields, will the ditches be used? Greg said they currently have agreements with the land owners in an area from the pit to 101, pipes will go directly across the fields, and they own the pipe under CSAH 37, going North. 4. What are the number of animals in the facilities (old and new) young stock, dry cows? Greg said their current plan is to have a total of 400 cows. At any given time we could have 85 to 90% in milk, which would be housed in the new facility. Dry cows would be either housed in the proposed dry cow facility/caving facility or in current barn at 15033 70th St. or across the road at current milking site. 5. Will there be any test wells done as permit process? Mayor Freske explained that the City Engineer, Larry Koshak, was not able to attend this meeting, but his assistant, Kevin Kielb is here. Mr. Kielb said this would be deferred to the MPCA Permit. Mr. Kirmis said this requirement is not in the Zoning Ordinance. Greg Lefebvre noted that David Nelson, MPCA, informed them that a pit of this size does not require a test well. 6. Does Lef-Co partnership consist of Otsego residents? Greg said their sister is also a partner and lives in Zimmerman. It is by law, they can't sell shares to anyone outside of the family. CM Fournier questioned if there will be a fence around the pit. Greg replied yes, and it is a requirement of the MPCA. CM Ackerman asked if there would be an artificial liner in addition to the clay liner. Greg replied that compacted clay is a liner and wouldn't consider using an artificial liner because it would not be financially feasible. CM Heidner stated he is not comfortable providing the CUP at this point unless there would be additional restrictions placed on the permit. He asked if a representative from Lef-Co and the opposition would sit down and discuss this. There was discussion of types of restrictions. Otsego City Council Meeting of October 23, 1995, cont'd. Page 6. CM Black motioned to deny Lef-Co Farms the Conditional Use Permit to allow a Commercial Feedlot in an A-1 Zoning District. Seconded by Mayor Freske. All in favor. Motion carried unanimously. ( The Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner asked if the subcommittee he mentioned previously could be done. Mr. Lenhardt said the applicant is willing to sit down and discuss this and see if things could be done to lessen the concerns. Mr. Casey said he would like to see the Council move forward and deny this. Then if the applicant comes forward with another application, they would review Mayor Freske stated they have had enough time to get together prior to this. CM Heidner understood this but felt that all the meetings have been adversary and therefore not allowing them to sit down together. He would like to see this option. CM Black thought this avoids the issue. The issue being compatible use. If this is a compatible use, then we would have unanimity by the people. Maybe something is workable, but that would be for the future. This matter is pending and it needs to be addressed. CM Fournier asked the City Attorney if the request is denied, would the applicant have to wait one year to request this same project. If the plan shows significant changes, what would the time table be? Mr. MacArthur stated the City Council may by a 4/5 vote waive the one year wait. If there are significant changes, it would be a different application. CM Ackerman asked does this CUP restrict it for only a dairy operation, or could another operator come in and use it for something else. Mr. MacArthur replied this Conditional Use is for a feedlot. Another feedlot could come in with a different character, although it would go through the MPCA. Bob Kirmis said the Conditional Use Permit is tied to the property and the conditions of approval would forward to the next property owner. CM Fournier asked the City Attorney if it takes a 4/5 vote to approve, does it take a 4/5 to deny. Mr. MacArthur replied a 3/2 on a denial would defeat it. CM Fournier said his reason for delaying was that he sees this piece of property as a compatibility problem and possibly land value being lowered and was hoping things could be moved around. CM Heidner stated he has a hard time approving current CUP because he feels there needs to be some restrictions. He sees potential problems with compatibility with present and future land use. He said the City has been working with Frankfort Township and the City of Dayton for a potential sewer treatment plant. A change in the Comprehensive Plan Otsego City Council Meeting of October 23, 1995, contd. Page 7. could impact development in this area. He feels there could be a way to put a feedlot in there to minimize the impact on the neighborhood. CM Heidner said he was not impressed with the appraisals. They did not give good examples. Mayor Freske stated this is a very tough decision. He is not for Lef-Co and also not for the neighborhood and that he represents the City of Otsego. He has visited with several farms and residents, hearing comments for and against this project. Mayor Freske has done a lot of thinking and the two words that keep coming up are common sense. Mayor Freske's comments were: 1. Comments at the Public Hearing that this is zoned AG, but feels this would be beyond family farming. 2. Comments made that the Lefebvres are good farmers, which he agreed, but he can't base his decision on that. 3. Lef-Co Farms need 620 acres to spread the manure. They are renting 320 acres. His concern with this is if rental agreements change. 4. Believes there is enough evidence to conclude that homes would be valued less The developers on CSAH 37 and ODean have put their project on hold pending the outcome of this project. 5. Regarding setbacks, should be 1,000 ft. from SCS designated Wetland, and applicant has 800 ft. 6. Mayor is on the Sewer Committee with Frankfort and Dayton. A study is going on and should get results back in January or February. As a result there will be a need to look at the Comprehensive Plan for update. This was also brought up at the Otsego Vision Meeting. 7. Common sense. In conclusion, Mayor Freske stated he is opposed to this project. CM Ackerman stated she has had a difficult time with this decision. She talked to a lot of residential citizens and farmers and it was about 50-50 for and against. She also talked to sources in surrounding states. CM Ackerman stated this is zoned AG and they are farmers, but has a difficult time approving this due to the fact there are homes within 200 feet from this site. CM Ackerman stated she is not opposed to cows or manure but feel another location would be better. CM Black stated he had an opportunity to discuss and read all the material and hear the testimony. He shares the Mayor's comment on using common sense. The trend in the last 20 years is getting to be more and more people and therefore getting to be more urban. He feels the use proposed is more industrial in nature than agricultural. CM Black is also concerned with the properties being affected are residences which have been created by the applicant or the applicant's predecessor exercising their 1 per 40 rights. He said that although the appraisals don't tell everything, they support the common sense approach. CM Black believes this project would negatively affect the value of land. Otsego City Council Meeting of October 23, 1995, cont'd. Page 8. He also had a concern that the same standards be applied that would be applied to an Industrial use, i.e. detailed site plans, drainage plans, and he hasn't seen any of these. CM Black stated he thinks this is a good idea but in the wrong place. CM Ackerman said this is a growing community and wants to see the urban and rural residents get along. CM Heidner motioned to direct the Planning Commission to review the A-1 Feedlot Ordinance and have City Staff set the Public Hearing at the November 15th meeting. City Staff to come up with some recommendations. Seconded by CM Black. CM Heidner withdrew his Motion. CM Black withdrew his second. Discussion: After council discussion regarding forming a Citizens Committee and placing a moratorium, they withdrew the motion. The Council discussed establishing a Citizens committee. NAC should prepare a model ordinance. The following should be considered. Section 51, Feedlots Minimum distances from residences. Potential limits or numbers on animal units, on how big they can get. Definition of a Commercial Feedlot. Feedlot size. Acceptable size of manure pits. Would this be considered an Industrial Use (animals kept for sale or for milking) Define public water, what constitutes a public water. Test wells. Address if this sort of activity is for Otsego. How much land should be owned for this type of activity (spreading of manure). Type of agreement/guarantees operator needs from owners they are renting from. Is security needed for closing facility. Issue of land saturation, how much before they look for another property to spread. Taxing situation - generate reserves for removal fees. Look at as a potential pollution issue. CM Black motioned to establish a moratorium to prohibit the receipts of CUP for Commercial Feedlots pending the receipt of a report prepared by an appointed Citizens Committee that will be formed to discuss these issues. This Committee should report to the City Council by the end of February. Seconded by Mayor Freske. Voting for: CM Ackerman, CM Black, CM Heidner, Mayor Freske Voting against: CM Fournier Motion carried 4 to 1. (The Discussion occurred between the motion being made and the actual vote) Otsego City Council Meeting of October 23, 1995, cont'd. Page 9. Discussion: CM Fournier stated he did not want the moratorium. Bruce Rask, Planning Commission Member, questioned the procedure and the report should go to the Planning Commission. CM Fournier said it is the Council who gives direction to the Planning Commission. Lisa Berg commented that she thought forming a Citizens Committee was a good idea. Arnel Beckman spoke in support of Lef-Co Farm. CM Fournier motioned to direct staff to revise the Findings of Fact for the denial of Lef-Co Farms Inc., application for CUP with the revision corresponding with the councils statements and to bring back to the City Council Meeting of November 13, 1995. Seconded by CM Black. All in favor. Motion carried. 6.2. (,See 7.2 under Attorney's itemsl CM Black motioned to adopt the Interim Ordinance Temporarily Prohibiting Approval of Certain Development Requests within that area graphically illustrated on Exhibit A (attached). Seconded by CM Fournier. All in favor. Motion carried. 6-3. Any other Planning Business 7-1 Discussion and review of other Cites Ord Re• Street Parking (Continue from October 9, 1995 Council Agenda) (request to continue to 113-95.) Mr. MacArthur has sent the draft to Sheriff Hozempa for review. 7.1 Consider an Interim Ordinance temporarily Prohibiting Approval of Certain Development Requests within that area of the City of Otsego graphically illustrated on Exhibit A. See 6.2. 7.3. Any o h r Legal Business None 8Larry Koshak,City Engineer - 8 .n in , r. R 1 CSAH 37 & Odean Ave NE - Consider Partial Payment #3 Kevin Kielb went over partial payment of $21,567.38 for seeding, sod and restoration of site. Mayor Freske asked how much are we holding back. Mr. Kielb said over $14,000. CM Black motioned to approve partial pay request #3 for $21,567.38. Seconded by CM Fournier. All in favor. Motion carried. Otsego City Council Meeting of October 23, 1995, cont'd. Page 10. 8.2. Any other ngineerin sin ss Mayor Freske asked if they have met with the Kolles'. Mr. Kielb said they are in the process. CM Heidner noted that the Lefebvres have an alfalfa field which some of it is under water now. Mr. Kielb said they are looking at this and have noted the damage on their check list. The approved agreement for pond excavation would help that situation. Mayor Freske requested the Engineer to call Rod Winter at 441-4343 regarding the MnDOT service road project. CM Fournier motioned for the Council to receive a copy of NAC's Contract and have this item on the next City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. (The Discussion occurred between the motion being made and the actual vote) Discussion: The council would like to review the entire fee structure. CM Black suggested to have Elaine set up some alternative dates for this Workshop in view of the fact that two council members can not attend the November 6th date. He also recommended to move this to after the first of the year. b. Consider Workshop for Budget CM Black motioned to set November 16th, at 6:30 PM for a Council Workshop for Budget. Seconded CM Fournier. All in favor. Motion carried. 9.3. Otsego Park and Recs. Comm. (Larry Fournier) a. Discuss Cross Country S i Trail CM Fournier reported that the Park and Recs. Comm. want to create a Cross Country Ski Trail which encompasses the Otsego Prairie Park. They would also like to contact property owners to the west. They are concerned with all legal and insurance issues. Mr. MacArthur said liability and insurance would not apply to Cross County Ski Trails as it does with the Snowmobile Trails. CM Fournier will inform the Parks and Recs. Comm. of this. Otsego City Council Meeting of October 23, 1995, cont'd. Page 11. b. Discuss expansion of Skating Rink CM Fournier said this will be the third year of operation, its popular and the Park and Rec. Comm. want to expand as outlined on the attached map. CM Black pointed out that the Park and Recs. Budget should dictate if they can expand. He also said only two people should be involved in this rink and that is the person in charge from the City and Jeff Ashfal. The Council decided the person from the City should be David Chase. c. Discuss upcoming Recreational Activities CM Fournier reported the hay ride will be held October 28. Tractors are being donated with no costs. The Winter Fest is January 13, 1996. The Park and Rees. Comm. voted to put off seeding until next Spring. 9.4. Consider Otsego Creek Authority Resolution #1995-1 (Larry Fournierl CM Fournier reported at the last Otsego Creek Authority Meeting, they adopted a Resolution to construct and fund the improvement. They applied to the DNR for a new culvert at 83rd, channel maintenance to 87th Street, and are asking the City Council to place this on their next City Council Agenda to take action. CM Heidner motioned to place this improvement project for Otsego Creek on the November 13th City Council Meeting and to have City Engineer, Larry Koshak, prepare a report regarding the process, defines the project and how it is to be funded. Seconded by CM Black. All in favor. Motion carried. 9.5. Any other Council Business Annexation: Municipal Board letter of October 19, 1995, The Minnesota Municipal Board will hold a deliberation meeting regarding the Annexation on Thursday, November 9, 1995, 9:30 AM in the Municipal Board Office. Elaine Beatty has been in contact with Jerry VonKorff and felt he should attend this meeting. CM Black motioned to direct the City Clerk to do what ever is necessary to represent the City of Otsego in this annexation issue. Seconded by CM Ackerman. All in favor. Motion carried. (The Discussion occurred between the motion being made and the actual vote) Discussion: The Council discussed legal counsel sending a letter to the Municipal Board and agreed to let Mr. VonKorff handle. Letter .r from Senator Mark Ourada regarding the Bridge Dedication to Betty Adkins Mayor Freske went over the dedication ceremony to be held October 27 at 2 PM at UPA. Otsego City Council Meeting of October 23, 1995, cont'd. Page 12. Mayor Freske asked for a Review Session with the Finance Director since her six month probation is up. Andy MacArthur explained that this meeting can either be closed or open and that the person being evaluated can request this. CM Black motioned for a closed meeting on November 2, 6:30 PM for the purpose of employee review(Phyllis Boedigheimer). Seconded by CM Ackerman. All in favor. Motion carried. (The Discussion occurred between the motion being made and the actual vote) Discussion: Phyllis stated she is working on a job description and would like to review this with the Council and agreed with the closed meeting. CM Black reported that the Heritage Commission get together was a success with over 100 people attending. All the founding families had a representative present. They will be considering having this as an annual event. Volunteer Recognition Dinner Judy Hudson would like the Council to set a date. After discussion. CM Fournier motioned to set January 20, 1996 as the Volunteer Recognition Dinner. Seconded by CM Heidner. All in favor. Motion carried. 9.6. Consider Claims List for ap rp oval CM Black motioned to accept the Claims List as presented. Seconded by CM Heidner. All in favor. Motion carried. 9.7_ Adjourn by 10 PM CM Fournier motioned to adjourn. Seconded by CM Heidner. All in favor. Motion carried. Mee 'ng adjourned at 9:05 PM. M r Norman F. Fres e ttest: Elaine Beatty, City Cler Zoning Adm. C\AkAkl �aJC�� Re de :Judy Hudson, Deputy Clerk