03-28-96 CCFN Northwest Associated Consultants, Inc.
AC COMMUNITY PLANNING DESIGN MARKE
MEMORANDUM
TO: Andy MacArthur
FROM: Bob Kirmis
DATE: 18 March 1996
RE: Otsego - Zoning Ordinance: Feedlot Requirements
FILE NO: 176.08 - 95.28
As we discussed, I have conducted a review of the draft feedlot ordinance (dated 3/7/96)
prepared by the Feedlot Committee. In review of the ordinance, I have the following
comments:
DEFINITIONS
• The definition of steep slopes differs slightly from that definition currently provided
within the Zoning Ordinance (under shoreland related terms). Rather than providing
differing definitions throughout the ordinance, I would recommend one uniform
definition.
• Considering that setback references are made to public parks, a definition of such
term would be appropriate. Of specific issue is whether such term should be
inclusive of trails.
ANIMAL REGULATIONS
• Section 20-27-4 of the City Code states that new animal feedlots are prohibited
within 1,000 feet of a public park. This section should be modified to simply cross-
reference the animal feedlot regulations of Section 38.
5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
FEEDLOT REGULATIONS
MPCA Permit Requirements. Section 20-38-2 stipulates that animal feedlots of 50
animal units or greater must make a permit application to the MPCA. It was my
understanding that the State requires permits for feedlots of ten animal units or greater.
This item should be checked.
Pollution Control Requirements. Section 20-38-5.E makes reference to the term
"animal manure". This term was, however, deleted from the definition section of the
ordinance. If this term is to be referenced within the feedlot regulations, it should be
specifically defined.
Information Requirement. Within Section 20-38-6.A, the reference to "Chapter 20-38-7"
should be changed to "Section 20-38-7 of this Chapter".
FEEDLOT SETBACKS
Applicability. It is assumed that setbacks remain applicable regardless of whether the
feedlot qualifies for a conditional use permit. For feedlots which are exempt from the CUP
process, it is unclear who will be responsible for determining whether setbacks (more
stringent than State requirements) are satisfied. Perhaps an administrative City permit
should be imposed to ensure setback compliance.
Existing Feedlots. Within Section 20-38-7.A, the reference to "subdivision" should be
changed to "Chapter".
New Feedlots. Section 20-38-7.13.5 states that no new feedlot may lie within 2,500 feet
of a public park. In contrast, Section 20-27-4.E (farm animal regulations) states that such
use may not lie within 1,000 feet of a public park. Meeting minutes indicate that a 2,500
foot setback was recommended by the Feedlot Committee.
URBAN SERVICE AREA
Section 20-38-7.13.9 states that no new feedlot may be located within 2,500 feet of the
City's immediate urban service area. The concern with this standard is that a new animal
feedlot could be established within the long range urban service area where urban type
development is ultimately planned. This issue is worthy of further discussion by City
officials.
P►
sed
Inprocedural creased Setbacks. Section 20-38-7.8.9 states that the implementation of incre for
setbacks will prompt a public hearing. It is believed specific
the section.ec f e
such hearing should be added (or cross-referenced)
CONDITIONAL USE PERMITS To
20-38-9.A.4 make's reference to an age as
Qualification. Section earthen
be consistent with proposed ordinance definitions, this term should be changed o
basin".
Standards. Section 20-38-9.8.2 can be improved grammatically and should be revised
to read as follows:
Notification to the City 5i ill. h� require not less than one (1) weak prior to
application, injection or ��ni.orporation of all manure
agitation, transfer, app 1 ttyshall promptly notify
products stored for more than four (4) we of the feedlotof such activities.
eks. The
all residences within one-half (1/2)
Section 20-38-9.B.3 should be reworded as follows:
All provisions of the manure utilization plan, as referenced inSection 20-38-
6.E of this Chapter, are satisfactorily met.
Earthen Storage Basins. In definition, the draft ordinance suggests ch'inging "earthen
storage basins" to "earthen basins". If such change is to be enactea, consistent
g g ^nce to
terminology should be used throughout the ordinuld be changed to °e "earthen basiri�
"earthen storage basins" in Section 20-38-10 she
ence to
Commissioner Review. The draft ordinancedoes
this section was deleted, the
commissioner review. According to meeting minutes ,t is
original draft due to the fact that the City will not be responsible
fo renr pe eitti commisWhiseines
acknowledged that the City does not employ art particularly officer,
in regard to conditional use permit
review would seem to have some relevance, p Y
requests.
I anticipate that we will discuss the aforementioned items at our scheduled 19 March
meeting.
PC: Elaine Beatty
3
FAC
Northwest Associated Consultants, Inc.
C O M M U N I T Y PLANNING • DESIGN • MARKET R E S E A R C H
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
Otsego Planning Commission
Bob Kirmis
27 March 1996
Otsego - Zoning Ordinance - Feedlot Regulations
176.08 - 95.28
Attached please find a revised draft (dated 3/27/96) of the feedlot regulations as prepared
by the Feedlot Committee.
The revised draft is identical to the previous 3/7/96 version prepared by the Feedlot
Committee in terms of actual "content", but has been modified slightly to include
appropriate cross references and minor grammatical changes.
In addition to the draft ordinance, a summary outline has also been prepared which
highlights primary provisions of the draft regulations. Such outline is intended simply to
serve as a reference and aid in the understanding of the ordinance.
As you are aware this item is scheduled for public hearing at the forthcoming 3 April 1996
Planning Commission meeting.
PC: Elaine Beatty
Andy MacArthur
Larry Koshak
Feedlot Committee
5775 Wayzata Blvd. - Suite 555 • St. Louis Park, MN 55416 • (612) 595 -9636 -Fax. 595-9837
CITY OF OTSEGO
DRAFT FEEDLOT REGULATIONS
SUMMARY OUTLINE
I. PURPOSE
A. Establish a procedure for the permitting of feedlots.
B. Regulate the location, development, and expansion of feedlots.
C. Promote best farm management practices.
D. Protect valuable groundwater and surface water resources.
E. Protect human and animal health.
F. Promote compatibility of uses.
G. Coordinate and assist state agencies in the administration of state-wide
statutes and regulations governing livestock operations.
II. ANIMAL FEEDLOT DEFINITION
A lot or building or combination of lots and buildings intended for the confined
feeding, breeding, raising, or holding of animals and specifically designed as a
confinement area in which manure may accumulate, or where the concentration of
animals is such that a vegetative cover cannot be maintained within the enclosure.
For purposes of these parts, open lots used for feeding and rearing of poultry
(poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse
stalls, mink ranches and zoos, shall be considered to be animal feedlots. Pastures
shall not be considered animal feedlots under these parts.
III. PROHIBITED FEEDLOTS
Feedlots exceeding 1,500 animal units.
IV. FEEDLOT SETBACKS
A. Existing feedlots - exempt from setback requirements
V.
LV
B. New feedlots
1.
Shoreland Districts
Prohibited
2.
100 year Floodplain
Prohibited
3.
Private Well
1,000 feet
4.
Steep Slopes
300 feet
5.
Public Parks
2,500 feet
6.
Drainage Ditches
300 feet
7.
Private Residences
2.
Compliance with manure utilization plan.
Less than 300 A. U.
1,000 feet
4.
Greater than 300 A. U.
2,500 feet
8.
Church, School, Similar
Setback compliance
Facility
2,500 feet
9.
Immediate Urban Service Area
2,500 feet
10.
Increased Setbacks
Per City Council
CONDITIONAL USE PERMITS
A. Qualification
1.
Expansion of existing feedlots within shoreland, floodplain, wild and
scenic districts.
2.
New feedlot exceeding 300 A. U.
3.
Expansion of existing feedlot over 300 A.U.
4.
Lagoon/earthen storage basins proposed
5.
Modification of existing feedlot within '/z mile of immediate urban
service area.
B. Standards
1.
Notification to adjacent property owners of application, injection,
incorporation activities.
2.
Compliance with manure utilization plan.
3.
Compliance with pollution control measures/PCA requirements
4.
Screening as determined by City Council.
5.
Financial security required
6.
Setback compliance
FACILITY CLOSURE
A. Feedlot landowner, owner, operator responsibility.
B. Financial security required
C. Closure plan requirement
VII. ABANDONMENT
1. Clean-up, closure responsibility of feedlot owner and operator.
DRAFT - DRAFT - DRAFT
3/27/96
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 96 -
AN ORDINANCE ADDRESSING ANIMAL FEEDLOT OPERATIONS WITHIN THE CITY
OF OTSEGO.
THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS:
Section 1. Section 20-2-2.F of the Otsego City Code
(Definitions) is hereby amended to delete the following
definitions:
Feedlot, Co®mercial: The place of confined feeding of livestock
or other animals for food, fur, pleasure or resale purposes in
yards, lots, pens, building, or other areas not normally used for
pasture or crops and in which substantial amounts of manure or
related other wastes may originate by reason of feeding such
animals.
Section 2. Section 20-2-2.F of the Otsego City Code
(Definitions) is hereby amended to add the following definitions:
Feedlot Related:
1. Animal Feedlot Permit: A permit issued by the Minnesota
Pollution Control Agency (MPGA) when the potential pollution
hazard will not be corrected within ten (10) months of the
date of permit issuance or when manure is not used as a
domestic fertilizer. This permit shall contain such
conditions and requirements as the agency deems necessary in
order to insure compliance with applicable state rules.
2. Animal Unit (AU): A unit of measure used to compare
differences in the production of animal manures that employs
as a standard the amount of manure produced on a regular basis
by a slaughter steer or heifer. For purposes of this
Ordinance, the following equivalents shall apply:
For animals not listed above, the number of animal units shall
be defined as the average weight of the animal divided by one
thousand (1,000) pounds. The total number of animal units
subject to permit or registration shall be determined by
including operations located within one-half mile which
utilize a common area or system for manure disposal.
3. Certificate of Compliance: A letter from the MPCA Director
to the owner of an animal feedlot stating that the feedlot
meets agency requirements and the livestock operation does not
create or maintain a potential pollution hazard or the
potential pollution hazard has been corrected to meet MPCA
requirements.
4. Change in Operation: An increase beyond the permitted
maximum number of animal units, an increase in the amount of
animal units which are confined at an unpermitted animal
feedlot requiring a construction investment, or a change in
the construction or operation of an animal feedlot that would
affect the storage, handling, utilization, or disposal of
animal manure.
5. Commissioner: The Commissioner of the MPCA whose duties are
defined in Minnesota Statutes, Section 116.03, as amended.
6. Corrective or Protective Measures: A practice, structure,
condition, or combination thereof which prevents or reduces
the discharge of pollutants from an animal feedlot to a level
in conformity with MPCA rules.
7. Domestic Fertilizer:
A. Animal manure that is put on or injected into the soil to
improve the quality or quantity of plant growth; or
B. Animal manure that is used as compost, soil conditioners,
or specialized plant beds.
K
Animal
AU
Par Animal
300 AU
Rauals
One
mature dairy cow
1.40
214
animals
One
slaughter steer or heifer
1.00
300
animals
One
horse
1.00
300
animals
One
swine over 55 pounds
.40
750
animals
One
duck
.20
1,500
animals
One
sheep
.10
3,000
animals
One
swine under 55 pounds
.05
6,000
animals
One
turkey
.018
16,666
animals
One
chicken
.01
30,000
animals
For animals not listed above, the number of animal units shall
be defined as the average weight of the animal divided by one
thousand (1,000) pounds. The total number of animal units
subject to permit or registration shall be determined by
including operations located within one-half mile which
utilize a common area or system for manure disposal.
3. Certificate of Compliance: A letter from the MPCA Director
to the owner of an animal feedlot stating that the feedlot
meets agency requirements and the livestock operation does not
create or maintain a potential pollution hazard or the
potential pollution hazard has been corrected to meet MPCA
requirements.
4. Change in Operation: An increase beyond the permitted
maximum number of animal units, an increase in the amount of
animal units which are confined at an unpermitted animal
feedlot requiring a construction investment, or a change in
the construction or operation of an animal feedlot that would
affect the storage, handling, utilization, or disposal of
animal manure.
5. Commissioner: The Commissioner of the MPCA whose duties are
defined in Minnesota Statutes, Section 116.03, as amended.
6. Corrective or Protective Measures: A practice, structure,
condition, or combination thereof which prevents or reduces
the discharge of pollutants from an animal feedlot to a level
in conformity with MPCA rules.
7. Domestic Fertilizer:
A. Animal manure that is put on or injected into the soil to
improve the quality or quantity of plant growth; or
B. Animal manure that is used as compost, soil conditioners,
or specialized plant beds.
K
8. Earthen Storage Basin: A dike or excavated structure, often
lined with clay or a synthetic liner, in which manure is
stored. The basin is emptied at least once each year. It is
designed by a professional engineer or Natural Resources
Conservation Service/Soil and Water Conservation District
(MRCS)/(SWCD) technician.
9. Feedlot, Animal: A lot or building or combination of lots
and buildings intended for the confined feeding, breeding,
raising, or holding of animals and specifically designed as a
confinement area in which manure may accumulate, or where the
concentration of animals is such that a vegetative cover
cannot be maintained within the enclosure. For purposes of
these parts, open lots used for feeding and rearing of poultry
(poultry ranges) and barns, dairy farms, swine facilities,
beef lots and barns, horse stalls, mink ranches and zoos,
shall be considered to be animal feedlots. Pastures shall not
be considered animal feedlots under these parts.
10. Feedlot, New Animal: An animal feedlot constructed and
operated at a site where no animal feedlot existed previously
or where a pre-existing animal feedlot has been abandoned or
unused for a period of five (5) years or more.
11. Feedlot Operator: An individual, a corporation, a group of
individuals, a partnership, joint venture, owner or any other
business entity having charge or control of one or more
livestock feedlots, poultry lots or other animal lots.
12. Interim Permit: When required, a permit issued by the MPCA
which expires no later than ten (10) months from the date of
issuance, identifying the necessary corrective measures to
abate potential pollution hazards.
13. Lagoon: A manure treatment structure, typically earthen.
Lagoons can be aerobic, anaerobic, or facultative depending on
their design. An anaerobic lagoon is different from an
earthen storage basin in that the lagoon is managed for manure
treatment. Anaerobic lagoons are only partially emptied each
year whereas earthen storage basins are emptied once or twice
a year.
14. Lot, Feedlot: An area or combination of areas, within whose
boundaries, physical or imaginary, are located the land,
buildings, manure and feed storage, necessary for the
operation of a feedlot.
15. Manure, Animal: The fecal and urinary excretions of livestock
and poultry. Manure can include bedding material and water
used for livestock. Types of manure have descriptive names
such as liquid, slurry, and solid. Manure that has a content
3
of more than ninety-six (96) percent moisture is liquid.
Manure with a moisture content between ninety (90) and ninety-
six (96) percent is referred to as a slurry. A moisture
content of less than eighty-four (84) percent is considered
solid.
16. Manure Storage Area: An area associated with an animal
feedlot where animal manure or runoff containing animal manure
is stored until it can be utilized as domestic fertilizer or
removed to a permitted animal manure disposal site. Animal
manure packs or mounding within the animal feedlot shall not
be considered to be manure storage for these parts.
17. National Pollutant Discharge Elimination System (NPDES)
Permit: A permit issued by the MPCA for the purpose of
regulating the discharge of pollutants from point sources
including concentrated animal feeding operations. Issued to
large facilities (one thousand (1,000) animal units or more)
that have the potential to discharge to waters of the state.
18. Pastures: Areas where grass or other growing plants are used
for grazing and where the concentration of animals is such
that a vegetation cover is maintained during the growing
season except in the immediate vicinity of temporary
supplemental feeding or water devices.
19. Potential Pollution Hazard: A condition which indicates a
potential for pollution of the land or waters of the state
including:
A. An animal feedlot or manure storage area whose boundaries
are located within shoreland or floodplain, or are
located in an area draining directly to a sink hole or
draining to an area with shallow soils overlying a
fractured or cavernous rock, or are located within one
hundred (100) feet of a water well; or
B. An animal feedlot or manure storage area whose
construction or operation will allow a discharge of
pollutants to surface or ground waters of the state in
excess of applicable standards, including, but not
limited to, Minnesota Rules Chapter 7050, during a
rainstorm event of less magnitude than the 25 -year, 24-
hour event or violate any applicable state rules.
20. Steep Slopes: Land where agricultural activity or development
is either not recommended or described as poorly suited due to
slope steepness and the site's soil characteristics, as mapped
and described in available county soil surveys or other
technical reports, unless appropriate design and construction
techniques and farming practices are used in accordance with
4
the provisions of these regulations. Where specific
information is not available, steep slopes are lands having
average slopes over twelve (12) percent, as measured over
horizontal distances of fifty (50) feet or more, that are not
bluffs.
Section 3. Section 20-2-2.P of the Otsego City Code
(Definitions) is hereby amended to add the following definitions:
Park, Private: A tract of land presently owned or controlled
and used by private or semi-public persons, entities, groups,
etc. for active and/or passive recreational purposes.
Park, Public: A tract of land publicly owned and used by the
public for active and/or passive recreational purposes.
Section 4. Section 20-27-4.E of the Otsego City Code (Farm
Animal Regulations) is amended to read as follows:
E. All regulations imposed by the Minnesota Pollution Control
Agency (MPCA) relating to the keeping of farm animals shall be
adhered to and animal feedlots shall comply with the
applicable provisions of Section 20-38 of this Chapter.
Section S. Section 38 of the Otsego City Code is hereby
amended to read as follows:
5
SECTION 38
FEEDLOT REGULATIONS
SECTION:
20-38-1 Purpose
20-38-2 Minnesota Pollution Control Agency (MPCA) Feedlot Permit
Requirements
20-38-3 Permitted Feedlots
20-38-4 Prohibited Feedlots
20-38-5 Pollution Control Requirements
20-38-6 Information Requirement
20-38-7 Feedlot Setbacks
20-38-8 Manure Stockpile/Application Setbacks
20-38-9 Conditional Use Permits
20-38-10 Standards for Earthen Storage Basins and Concrete Pits
20-38-11 Facility Closure
20-38-12 Abandonment
20-38-1: PURPOSE: The purpose and intent of this Chapter is to
regulate feedlot operations within the City of Otsego in
a manner that is at least as restrictive as existing
State regulations, and in many instances exceeding those
State requirements, including those regulations related
to pollution. These additional controls are needed due
to the unique location of the municipality in relation to
the Metropolitan Area, and in order to promote the
planning process and protect the health, safety and
welfare of the residents of the City, as well as to:
A. Establish a procedure for the permitting of feedlots.
B. Regulate the location, development, and expansion of
feedlots.
C. Promote best farm management practices.
D. Protect valuable groundwater and surface water resources.
E. Protect human and animal health.
F. Promote compatibility of uses.
G. Coordinate and assist state agencies in the
administration of state-wide statutes and regulations
governing livestock operations.
20-38-2: MINNESOTA POLLUTION CONTROL AGENCY (MPCA) FEEDLOT PERMIT
REQUIREMENTS: The owner of a proposed or existing animal
feedlot of greater than fifty (50) animal units or
greater than ten (10) animal units in a shoreland
district shall make an application to the Minnesota
Pollution Control Agency (MPGA) for an animal feedlot
permit when any of the following conditions exist:
A. A new feedlot is proposed where a feedlot did not
previously exist.
B. A change in operation of an existing animal feedlot is
proposed.
C. A change of ownership, family members included.
D. A pre-existing animal feedlot is to be restocked after
being abandoned or unused for five (5) years or more.
E. An inspection by MPCA staff reveals that the feedlot is
creating a potential pollution hazard.
20-38-3: PERMITTED FEEDLOTS: Those feedlots which do not
constitute a potential pollution hazard and meet the
minimum requirements of this Ordinance shall be allowed
within the City on the condition that they obtain a
certificate of compliance by the MPGA, if required.
20-38-4: PROHIBITED FEEDLOTS: No feedlot in excess of one
thousand five hundred (1,500) animal units shall be
established within the City nor shall any existing
feedlot be expanded so that the cumulative number of
animal units exceeds one thousand five hundred (1,500).
20-38-5: POLLUTION CONTROL REQUIREMENTS:
A. Purpose: The purpose of this Section is to provide
restrictions on feedlot operations as restrictive as, or
more so, than existing State regulations regarding
pollution or potential pollution hazards.
B. General Requirement: No animal feedlot or manure storage
area shall be constructed, located, or operated so as to
create or maintain a potential pollution hazard unless a
certificate of compliance or an animal feedlot permit has
been issued by the MPCA.
7
C. Vehicles and Spreaders: All vehicles used to transport
animal manure on City, County, State, and interstate
highways shall be leak -proof. Manure spreaders with end
gates shall be in compliance with this provision provided
the end gate works effectively to restrict leakage and
the manure spreader is leak -proof. This shall not apply
to animal manure being hauled to fields adjacent to
feedlot operations or fields divided by roadways provided
the animal manure is for use as domestic fertilizer.
D. Manure Storage: Animal manure, when utilized as
domestic fertilizer, shall not be stored for longer than
one (1) year and shall be applied at rates not exceeding
local agricultural crop nutrient requirements except
where allowed by permit. Local agricultural crop
nutrient requirements can be obtained at the Wright
County Soil Conservation Service office or local
Agricultural Extension Service office.
E. Animal Manure: Any animal manure not utilized as
domestic fertilizer shall be treated or disposed of in
accordance with applicable State rules.
F. Owner's Duties: The owner of any animal feedlot shall
be responsible for the storage, transportation, and
disposal of all animal manure generated in a manner
consistent with the provisions herein.
G. Odors: Feedlot operations shall take responsible
measures to minimize odors which have the effect of
creating an adverse impact on the environment and quality
of life for the residents of the City.
H. Variance: Any feedlot, other than those which are
prohibited, may request a variance in accordance with
Section 20-5 of this Chapter where rules may not apply or
create a unique hardship due to conditions not created by
the feedlot operator or owner.
20-38-6: INFORMATION REQUIREMENT:
A. A map or aerial photograph indicating dimensions of
feedlot, showing all existing homes, buildings, lakes,
ponds, water courses, wetlands, dry runs, rock
outcroppings, roads, wells, contour and surface water
drainage encompassing the maximum setback distances of
Section 20-38-7 of this Chapter.
B. A description of the geological condition, soil types and
seasonal high water table.
E:]
C. A plan indicating operational procedure, the location and
specifics of proposed animal waste facilities. The
quantity and type of effluent to be discharged from the
site.
D. Method/plan for disposal of dead animals shall be
consistent with the Minnesota Board of Animal Health
regulations.
E. Manure Utilization Plan which will include the location
of all manure application sites, crop types, application
rate in gallons/acre or tons/acre, and the resulting
application rate of N, P and K in pounds/acre. Manure
application shall not exceed agronomic rates or to build
N, P and K levels beyond the soil capability of holding
and utilizing them for crop use, for the prevention of
leaching and potential non -point pollution problems, as
determined by the Wright County Extension Educator and
the Minnesota Extension Service.
F. Land spreading agreements shall be provided if the
applicant does not own the minimum acreage to apply
animal waste and the land application agreement must be
signed by all owners of the property.
G. Methods used to control or mitigate odor impact upon
neighboring properties.
H. Any other additional information as contained in the
application and requested by the City or MPCA.
I. A plan for proper closure of the facility including an
estimated cost of the same.
20-38-7: FEEDLOT SETBACKS:
A. Existing Feedlots: Existing feedlots are exempt from
the setback requirements of this Chapter.
B. New Feedlots: All new feedlots shall comply with each
and every one of the following setback requirements:
1. Shorelands. No new feedlot shall be located within
the Shoreland Districts of the City of Otsego as
defined by Section 20-71 of this Chapter.
2. Floodplains. No new feedlot shall be located
within the one hundred (100) year floodplain area
based on flood insurance rate maps and the flood
insurance study for the City of Otsego.
�7
3. Wells. No new feedlot shall be located within one
thousand (1,000) feet of any private well, other
than the feedlot owner or operator, without written
permission of the private well's owner. No new
feedlot in excess of three hundred (300) animal
units shall be located within two thousand five
hundred (2,500) feet of any public well.
4. Steep Slopes. No new feedlot involving open lots
or partial confinement buildings shall be located
within three hundred (300) feet of a steep slope as
defined by this Chapter.
5. Public Parks. No new feedlot shall be located
within two thousand five hundred (2,500) feet of a
public park.
6. Drainage Ditches. No new feedlot shall be located
within three hundred (300) feet of a County, City
or private drainage ditch.
7. Private Residences. No new feedlot shall be
located within one thousand (1,000) feet of any
residence other than the feedlot landowner or
operator. No new feedlot in excess of three
hundred (300) Animal Units shall be located within
two thousand five hundred (2,500) feet of any
residence other than the feedlot landowner or
operator. These setbacks may be reduced with
written permission of the resident's owner.
S. Church, School or Similar Facilities. No new
feedlot shall be located within two thousand five
hundred (2,500) feet of any church, school or
similar public facility.
9. Urban Service Area. No new feedlot shall be
located within two thousand five hundred (2,500)
feet of the City's designated immediate urban
service area.
10. Increased Setbacks. Any or all of these setback
requirements may be increased at the discretion of
the City Council in particular instances upon a
factual determination that such an increase is
appropriate to further the public health, safety,
and welfare. Factors to be considered by the City
Council when making such a determination shall
include, but are not limited to:
a. The size of the proposed feedlot or expansion.
10
b. The nature of the manure handling or storage
facilities.
C. The type of animal to be housed at the
facility.
Implementation of these provisions shall require a
public hearing.
20-38-8: MANURE STOCKPILE/APPLICATION SETBACKS: The following
manure stockpile and application setbacks are required
for all new and existing feedlots:
Category
Surface or
Incorporated
Irrigation Applied
or Injected
Public lake,
300 feet
100 feet -lake
river, or stream
50 feet-river/stream
Public streets*
25 feet -surface
10 feet
300 feet -irrigation
Platted
300 feet -surface
300 feet
Subdivisions
1,000 feet -
irrigation
Municipal wells
300 feet
300 feet
Private wells
200 feet
200 feet
100 Year
Prohibited
Prohibited
Floodplain
Public or
300 feet
100 feet
private ditch
Residence other
300 feet -surface**
300 feet**
than landowner
1,000 feet -
or operator
irrigation
* As measured from the outer boundary of the right-of-way
** These separation distances shall only apply if the
occupants of the residence specifically request it in
writing of the operator.
11
20-38-9: CONDITIONAL USE PERMITS:
A. Requirement: A conditional use permit shall be obtained
in a manner described in Section 20-4 of this Chapter
whenever:
1. The proposed expansion, or modification of an
existing feedlot is located within a Shoreland,
Floodplain, or Wild and Scenic District.
2. A new feedlot exceeding three hundred (300) animal
units is proposed.
3. The expansion of an existing feedlot is proposed
where the cumulative total exceeds three hundred
(300) animal units.
4. A lagoon system, an earthen storage basin or any
other outdoor liquid storage structure is proposed
for the storage or treatment of animal waste.
5. The proposed expansion or modification of an
existing feedlot is within one-half (%) mile of the
City's designated immediate urban service area.
B. Standards for Conditional Use Permits: To protect
public health, safety and welfare, the City shall impose
(but not be limited to the following conditions:
1. Trees and/or shrubs are planted, as determined
necessary by the City Council, for use as a wind
break.
2. Notification to the City shall be required no less
than one (1) week prior to agitation, transfer,
application, injection or incorporation of all
manure products stored for more than four (4)
weeks. The City shall be responsible to notify all
residences within a one-half N )mile radius of the
feedlot.
3. All provisions of the Manure Utilization Plan as
outlined in Section 20-38-5 of this Chapter are -
satisfactorily met.
4. All pollution control measures outlined in Section
20-38-5 of this Chapter are satisfactorily met.
12
5. As required by State regulations, the applicant
shall provide adequate security to ensure
compliance with any or all conditions of the
permit, proper handling and storage of manure, and
proper closure of the facility. The amount of said
security shall be contained in a written agreement
between the permittee and the City.
6. All applicable setback requirements of Sections 20-
38-7 and 20-38-8 of this Chapter are satisfactorily
met.
7. All feedlots shall be operated in a nuisance -free
manner consistent with the regulations of the city
and Minnesota Pollution Control Agency (MPCA).
8. The use is consistent with applicable provisions of
Section 26, 27 and 51 of this Chapter.
9. The provisions of Section 20-4-2.F of this Chapter
are considered and determined to be satisfied.
10. All conditions of approval of the conditional use
permit shall be recorded against the property.
20-38-10: STANDARDS FOR EARTHEN STORAGE BASINS, LAGOONS AND OTHER
MANURE STORAGE AREAS: Earthen storage basins, lagoons
and other manure storage areas shall be constructed in
compliance with Minnesota Pollution Control Agency (MPCA)
requirements.
20-38-11: FACILITY CLOSURE:
A. Responsible Parties: The landowner, owner and operator
of any animal feedlot shall be responsible for the
ongoing management of manure and the final closure of the
facility include the cleaning of buildings and the
emptying and proper disposal of manure from all manure
holding facilities.
B. Environmental Financial Assurance: Financial security
shall be posted with the City in the form of escrow,
bond, or letter of credit in an amount and form to be
determined by the City on a case-by-case basis. Said
security shall be, minimally, any amount established
within State Rules or Regulations, or as amended, in
order to assure proper closure of the facility.
13
C.
Closure Plan: If a permitted feedlot operation using a
manure storage system ceases operation, the owner shall
submit to the City and MPCA a closure plan.
1. The plan shall be submitted at least sixty (60)
days prior to the final day of operation of the
manure storage system. The plan shall be prepared
by a professional engineer registered in the State
of Minnesota, or a person recognized as qualified
for such work by the MPCA.
2. Closure of the operation may be postponed for a
period of twelve (12) months if the property is
posted for sale.
3. Manure storage system closure shall include the
removal of the sludge in the facilities and its
disposal by proper land application at agronomic
rates or by other legally permissible method.
4. Manure storage system closure shall also include
filling in a basin with material from the dikes or
other earthen material that may be available. Only
material allowed to be buried under federal, state
and local regulations may be used as fill. It is
necessary to fill in the basin to prevent it from
being a safety hazard when it fills in with rain
and snow -melt waters.
5. All wastes from the feedlot operation and its waste
control system shall be removed and disposed of on
land or in some other manner which is legally
permissible as soon as practical, but no more than
six (6) months, and in accordance with the
approved plan in order to promote and protect
public health.
6. Each time ownership to the facility changes, the
new owner must notify the MPCA and the City in
writing within sixty (60) days of the transfer of
ownership that the approved plan has been read and
is understood and that all provisions of the plan
will be implemented. The new owner must also
provide the City with written assurance that they
have assumed all obligations undertaken by previous
operators or owners, including posting of any
necessary security.
7. If the new ownership is to continue to operate the
facility, closure shall not be necessary.
14
20-38-12: ABANDONMENT: Owners and operators of feedlots, either
at the time of abandonment or after, shall have joint and
several liability for clean up, closure or remediation of
abandoned feedlot sites.
Section 6. Section 20-51-5.D of the Otsego City Code (A-1
District Conditional Uses) is hereby amended to read as follows:
D. Animal feedlots as regulated by Section 38 of this
Chapter.
Section 7. This Ordinance shall become effective
immediately upon its passage and publication.
ADOPTED by the Otsego City Council this day of
1996.
CITY OF OTSEGO
By:
Norman F. Freske, Mayor
ATTEST:
By:
Elaine Beatty, City Clerk/Zoning Administrator
15
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION:
DEPARTMENT:
MEETING DATE
6. CONSENT AGENDA (
Non -controversial items)
CC 3/23/96 - 6:30PM
ITEM NUMBER:
ITEM DESCRIPTION:
PREPARED BY:
6.3. Consider approving action of 01, 02, #3,
and #4 of letter from
Jerry VonKorff
dated March 20, 1996.
F.4. Set Eearing date for Vacation of Streets
within the plat of
11 Bulow Estates
for April 22, 1996.
6.3.
Background:
The Municipal Board has received a joint Resolution from St Michael/Frankfort to conduct an orderly
annexation of all of Frankfort Township into St Michael. They have simultaneously received a petition
from the City of Albertville to Annex into Albertville from Frankfort a large portion of the Township.
The meeting at the Municipal Board where this will be discussed is April 12, 1996. Mr VonKorff is
suggesting we should attend this meeting and let them know our position. the items above cover what
we need to do to accomplish this as set out in this letter.
STAFF RECOMMENDATION:
Recommendation is to approve the recommendation of our Attorney in this matter as per his letter
of March 20, 1996.
6.4
The Planning Commission received a letter from Chris Bulow asking that his preliminary plat be
continued from March 20, 1996 to April 3, 1996, because he needed to get more information.
They have continued Bulow's preliminary plat to April 3, 1996. We need to set a date for the Hearing
for vacation of street in the Old Townsite Plat on Bulows property so it can coincide with the final plat
of Bulow. The Hearing needs to be noticed.
STAFF RECOMMENDATION:
Set Hearing date for Vacation of Streets within the Plat of Bulow Estates for April 22, 1996 at 6:30PM
(See attached documentation from Bulow's Attorney regarding Vacation of Streets.
Thank you,
STATE OF MINNESOTA
COUNTY OF WRIGHT
In the matter of the vacation of
all those streets lying within the
plat of the Townsite of Otsego,
lying south of County State Aid
Highway No. 39, and east of the
Plat of Bulow Estates, as more
fully described on the attached
Exhibit A.
TO THE CITY OF OTSEGO:
CITY OF OTSEGO
PETITION
Your Petitioners represent to the City Council of the City of
Otsego, Wright County, Minnesota, that:
a. That he is one of the owners of land abutting the above
described street; and
b. That he believes it would be in the best interest of the
public to vacate the said portions of said street for the
reason that said land is not now being used and never has
been used as a street.
WHEREFORE, your Petitioners pray that said City Council
proceed to vacate said streets, as so described above, pursuant to
the provisions of Minn. Stat. Ann. 412.851.
Dated this /,�7-_ day of ae , 1996.
BULOW INC.
BY: C istopher M. Bulow
Its President
t
EXHIBIT A
All those streets lying within the Plat of the Townsite of Otsego
described as follows:
C Street lying southerly of County State Aid Highway No. 39, except
that part previously platted.
B Street lying southerly of County State Aid Highway No. 39.
A Street lying southerly of County State Aid Highway No. 39.
All that part of Fifth Street lying easterly of the plat of Bulow
Estates.
All that part of Sixth Street lying easterly of the plat of Bulow
Estates.
All that part of Seventh Street lying easterly of the plat of Bulow
Estates.
All that part of Eighth Street lying easterly of the plat of Bulow
Estates.
STATE OF MINNESOTA
COUNTY OF WRIGHT
In the matter of the vacation of
all those streets lying within the
plat of the Townsite of Otsego,
lying south of County State Aid
Highway No. 39, and east of the
Plat of Bulow Estates, as more
fully described on the attached
Exhibit A.
CITY OF OTSEGO
NOTICE OF HEARING
ON PETITION TO
VACATE STREET
NOTICE IS HEREBY GIVEN, that a Petition has been filed with
the City Council of the City of Otsego to vacate that part of those
streets above described herein by the owners of land abutting said
streets to be vacated.
That a hearing will be held upon said Petition by the City
Council of the City of Otsego on the day of
7
1996 , at o'clock at Otsego City Hall and that any person
interested in the same may be heard at said time.
Dated this day of , 1996
CITY OF OTSEGO
By
Mayor
Attest:
City Clerk
EXHIBIT A
All those streets lying within the Plat of the Townsite of Otsego
described as follows:
C Street lying southerly of County State Aid Highway No. 39, except
that part previously platted.
B Street lying southerly of County State Aid Highway No. 39.
A Street lying southerly of County State Aid Highway No. 39.
All that part of Fifth Street lying easterly of the plat of Bulow
Estates.
All that part of Sixth Street lying easterly of the plat of Bulow
Estates.
All that part of Seventh Street lying easterly of the plat of Bulow
Estates.
All that part of Eighth Street lying easterly of the plat of Bulow
Estates.
STATE OF MINNESOTA
COUNTY OF WRIGHT
In the matter of the vacation of
all those streets lying within the
plat of the Townsite of Otsego,
lying south of County State Aid
Highway No. 39, and east of the
Plat of Bulow Estates, as more
fully described on the attached
Exhibit A.
that on the day of
CITY OF OTSEGO
AFFIDAVIT OF POSTING
, being duly sworn on oath, says;
1996, he posted
a copy of the attached Notice of Hearing at three of the most
public places in the City of Otsego, Wright County, Minnesota, to -
wit.
1.
2.
3.
Subscribed and sworn to before me
this day of , 1996.
Notary Public
EXHIBIT A
All those streets lying within the Plat of the Townsite of Otsego
described as follows:
C Street lying southerly of County State Aid Highway No. 39, except
that part previously platted.
B Street lying southerly of County State Aid Highway No. 39.
A Street lying southerly of County State Aid Highway No. 39.
All that part of Fifth Street lying easterly of the plat of Bulow
Estates.
All that part of Sixth Street lying easterly of the plat of Bulow
Estates.
All that part of Seventh Street lying easterly of the plat of Bulow
Estates.
All that part of Eighth Street lying easterly of the plat of Bulow
Estates.
STATE OF MINNESOTA
CITY OF OTSEGO
COUNTY OF WRIGHT
RESOLUTION OF CITY COUNCIL VACATING STREET
In the Matter of the Vacation of all those streets lying
within the plat of the Townsite of Otsego, lying south of
County State Aid Highway No. 39, and east of the Plat of
Bulow Estates, as more fully described on the attached
Exhibit A.
The above entitled matter came on to be heard before the City
Council of the City of Otsego, Wright County, Minnesota, upon the
Petition of Bulow Inc.by Christopher M. Bulow, its President, for
the vacating of the streets above described, and the City Council
having given due notice of said hearing by published and posted
notice as provided by law and said hearing having been held on the
day of , 1996, at o'clock M., at the
City Hall in said City, an no one appeared in opposition thereto,
and the said Council after hearing the evidence presented to it in
favor of said Petition finds: that Petitioners are the owners of
all the land abutting said portion of above described streets; that
said streets are not serving any public purpose, and that it would
be in the best interest of the public to vacate said streets;
Councilman
to -wit:
introduced the following resolution,
All those streets lying within the plat of the Townsite of
Otsego, lying south of County State Aid Highway No. 39, and east of
the Plat of Bulow Estates, as more fully described on the attached
Exhibit A., be and the same are hereby vacated pursuant to Minn.
Stat. Ann. 412.851.
Which resolution was seconded by Councilman
and being put to a vote a majority of said Council voted in favor
of said resolution, whereupon said resolution was declared adopted
by the Mayor of said City.
Dated at the City of Otsego,
Minnesota this day of 1996.
ATTEST:
Clerk
Mayor
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
being first duly sworn says that he is
the duly elected, qualified and acting City Clerk of the City of
Otsego, Wright County, Minnesota, and as such is custodian of the
records of said City; that the above resolution is a true and
correct copy of said resolution taken from the records of the
minutes of the City Council of said City, for the regular meeting
thereof held on , 1996.
Subscribed and sworn to before me
this day of , 1996.
Notary Public
EXHIBIT A
All those streets lying within the Plat of the Townsite of Otsego
described as follows:
C Street lying southerly of County State Aid Highway No. 39, except
that part previously platted.
B Street lying southerly of County State Aid Highway No. 39.
A Street lying southerly of County State Aid Highway No. 39.
All that part of Fifth Street lying easterly of the plat of Bulow
Estates.
All that part of Sixth Street lying easterly of the plat of Bulow
Estates.
All that part of Seventh Street lying easterly of the plat of Bulow
Estates.
All that part of Eighth Street lying easterly of the plat of Bulow
Estates.
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT:
MEETING DATE
g. ANDY M.AC ARTHUR, CITY ATTORNEY CC
- 3/251/96 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION:
PREPARED BY:
3.1. Review Curfew Ordinance
Elaine Beatty,
City Clerk/Z.A.
8.2. Review of Feedlot Ordinance Proposed Amendment
0.3. Any other Legal Business
ME
Background:
Suzanne Ackerman, Council Member and Sharon Anderson, Council Member from Albertville and
other members have worked on establishing a proposed Curfew Ordinance. They now have it in a form
for Council Consideration. Copy of proposed Ordinance and a letter from Andy explaining the review is
attached.
STAFF RECOMMENDATION:
Adoption of the proposed Curfew Ordinance which becomes effective at date of publishing
As per the Curfew Committee's recommendation and the City Attorney's recommendation.
8.?.
Background:
The Feedlot Committee has a recommended Ordinance for review. Andy will explain where we are
with same.
F.Y.I. The P.C. reviewed this Feedlot Ordinance Proposal on 3/20/96 and Hearing is scheduled for P. C.
on April 3, 1996 at 6:30PM.
Thanks,
s.3.
No other Legal Business at this time.
D IE 0 W [E
2 1 G96
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
March 20, 1996
City Council Members
City of Otsego
8899 Nashua Avenue NE
Elk River, MN 55330
RADZWlzz & COURI
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
RE: Proposed Curfew Ordinance
Dear Council Members:
I have reviewed the proposed curfew ordinance which has been
submitted to the City Council. This ordinance was drafted by Mike
Couri of this office for proposed simultaneous consideration by the
City of Albertville and the City of Otsego so that both
jurisdictions would have the same regulations in effect. I reviewed
the original draft and made some changes which are contained in the
version the Council now has before it.
The Wright County Sheriff's office also desires a uniform ordinance
that is as concise as possible for enforcement purposes.
While the proposed ordinance is not the "state of the art", I
believe it is acceptable for the purposes desired by the City and
the Wright County Sheriff's Department. Further, it is my
understanding -the Wright CdcArity Attorney's *office will assume
prosecution of curfew violations under the ordinance, which means
minimal City expense for implementation.
Based upon the above, I would recommend passage of the proposed
Curfew Ordinance. I will be available to answer any questions you
might have at the Monday, March 25 City Council meeting.
Very truly yours,
A ew MacAC
RADZWIL is COURI
CITY OF OTSEGO
ORDINANCE NO. 16.2
AN ORDINANCE REGULATING THE PRESENCE AND
CONDUCT OF MINORS ON STREETS AND OTHER PUBLIC
PLACES; DEFINING DUTIES OF PARENTS OR OTHERS IN
CARE OF MINORS; PROVIDING FOR PROCEDURES AND
PENALTIES FOR VIOLATIONS THEREOF.
WHEREAS, the City Council has determined that there has been an increase in
juvenile crime between the hours of 10:00 p.m. and 5:00 a.m. by persons under the age of
18; and
WHEREAS, this increase in juvenile crime poses a danger to the health, safety
and general welfare of the juveniles and of the general public; and
WHEREAS, Juveniles are particularly vulnerable at night time hours to become
victims of crime due to their inability to make critical decisions in a mature and
experienced manner; and
WHEREAS, A juvenile curfew seeks to regulate juvenile activities carried out at
night time hours upon the streets and in public places and establishments where the risk of
danger to juveniles can be the greatest; and
WHEREAS, A curfew for those under the age of 18 will be in the interest of the
public health, safety, and general welfare and will help to attain the foregoing objectives
and to diminish the undesirable impact of such conduct on the citizens of the City of
Otsego.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF OTSEGO.
SECTION 1. DEFINITIONS. In this section:
a. Curfew Hours mean 10:00 p.m., every day of the week, until 5:00 a.m. of
the following day.
b. Establishment means any privately owned place of business operated for a
profit to which the public is invited, including but not limited to any place
of amusement or entertainment.
C. Guardian means (1) a person who, under court order, is the guardian of
the person of a minor; or (2) a public or private agency with whom
a minor has been placed by a court.
d. Minor means any person under 18 years of age.
e. Parent means a person who is a natural parent, adoptive parent or step-
parent of another person.
f. Public place means any place to which the public or a substantial group of
the public has access and includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities and shops.
g. Remain means to (1) loiter, linger, or stay; or (2) fail to leave the
premises when requested to do so by a police officer or the owner,
operator or other person in control of the premises.
SECTION 2. RESTRICTIONS, It shall be unlawful for:
a. any minor to remain in any public place or on the premises of any
establishment within the city during curfew hours unless accompanied
by a parent or legal guardian;
b. any parent or guardian to permit, either knowingly or by insufficient
control, allow the minor to remain in any public place or on the premises of
any establishment within the City during curfew hours unless accompanied
by a parent or legal guardian;
any owner, operator, or any employee of an establishment to knowingly
allow a minor to remain upon the premises of the establishment during
curfew hours unless accompanied by a parent or legal guardian.
Any minor apprehended while violating any of the restrictions of Section 2 above
shall be escorted home and placed in the custody of the minor's parent or guardian.
a. A person who violates a provision of this chapter is guilty of a separate
offense for each day or part of a day during which the violation is
committed, continued or permitted.
2
b. Any minor who is convicted of a violation of this ordinance after the case
has been referred for prosecution in the trial court under Minn. Stat,
260.15, and any adult person having the care and custody of such minor,
is:
Minors --Guilty of a petty misdemeanor and shall be punished by a
fine not to exceed $75.00 or community service time as deemed
necessary by the presiding judge, plus all costs of prosecution of
this ordinance for a first offense.
ii Parents --Guilty of a petty misdemeanor and shall be punished by a
fine not to exceed $75.00 or community service time as deemed
necessary by the presiding judge, plus all costs of prosecution of
this ordinance for a first offense;
iii Minors --Guilty of a petty misdemeanor and a fine not to exceed
$200.00 or community service time as deemed necessary by the
presiding judge, plus all costs of prosecution of this ordinance for a
second offense within six months of a prior conviction under this
ordinance;
iv Parents --Guilty of a petty misdemeanor and a fine not to exceed
$200.00 or community service time as deemed necessary by the
presiding judge, plus all costs of prosecution of this ordinance for
a second offense within six months of a prior conviction under this
ordinance;
SECTION 5. S .V AB .ITY The terms and provisions of this ordinance
are severable. If any provision of this ordinance is, for any reason, held to be invalid, such
decision shall not effect the validity of the remaining portions of this ordinance. It is
intended that this Curfew Ordinance be held inapplicable in such cases, if any, where its
application would be unconstitutional.
This ordinance shall be effective upon passage by the City Council and publication
in the official city newspaper.
Passed 28th day of March, 1996.
Mayor, Norman F. F-
--k-
City Clerk, Elaine Beatt
(Seal)
Published in the Elk River Star News on April 10th, 1996.
Posted 4-1-96
3
)N Northwest Associated Consultants, Inc.
AC COMMUNITY PLANNING - DESIGN • MARKET RESEARCH
MEMORANDUM
TO: Elaine Beatty
FROM: David Licht
DATE: 11 March 1996
RE: Otsego - Planning Commission: Public Hearing Procedure
FILE NO: 176.08
At your request, we have reviewed and are herewith providing comment on the public
hearing procedures dated 22 February 1996 which have been suggested by the Planning
Commission.
To begin, I would note that this procedure was formulated by Mr. Swenson in consultation
with me. Mr. Swenson indicated that as Chair he had recently encountered a problem
where the public wished to make comment as the Commission was conducting their
discussion as part of a public hearing. We concluded that it would be advantageous for
the Commission to be able to carry on their questions and discussion without interruption.
Simultaneously, it is recognized that citizens encountering the first public hearing might
be shy in making initial comments, but that continued discussion could prompt a desire to
make a position known. Moreover, we both agreed that an objective is to provide for public
input and not generate frustration with the process. In light of these considerations, the
idea of adding one final opportunity for public comments arose.
Professionally, I believe this procedure has merit. In this regard, it should be noted that
following a "test' period, the procedure can be changed if found unworkable_ Also, relative
to state requirements, there is no restriction placed upon the City on the specifics for the
conduct of a hearing. Whatever procedure is selected is generally the determination of
the City, provided that opportunity is given for public comment and questions.
Should there be additional comment or question on this matter, please contact me at your
convenience.
PC: Carl Swenson
5�-75 Wayzata Blvd. - Suite 555 • St. Louis Park, MN 55416 • (612) 595 -9636 -Fax. 595-9837
CITY OF OTSEGO
PLANNING COMMISSION HEARING PROCEDURE
To increase public understanding of the procedure being
followed in public hearings, the following specific steps will be
used in every hearing: (These steps are similar to what we have
been using, but the changes will keep the hearing open longer and will
provide the public more opportunity to participate in the process).
Chair - Description of request
Clerk - Verify that legal publication, mailings, and postings have
been completed
Staff - Description of request, results of investigation,
recommendations
Applicant - Added comments and statements
General Public - Comments and presentations
Chair - Call for P.C. discussion and questions
General Public - Additional comments
Chair - Close public hearing
Chair - Call for motion
22 February, 1996
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
r.rnr?ntrT� TT�vrc; COUNCyr 'r 3 3%25/96 - E:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY:
Elaine Beatt,r►
Cifi°j Clerk/7.A.
10.1. Review and Consider Hearing Procedure for
Planning Commission Meetings
The Planning Commission, at their meeting of March 6, 1996 Chair Carl Swenson explained the
proposed meeting procedure resulted from residents stating they are not able to get their thoughts
together quickly, and after the Planning Commission discussion they have more questions and would
like to be heard. The new procedure would not close the Public Hearing until after the Planning
Commission Comments and additional Public Comment. After that, the Chair will call for a motion.
Chair Swenson stressed that he doesn't want a dialog going on. He also discussed this with Dave Licht,
who supports the new procedure. Chair Swenson also said there are no legal objections.
EUGENE GOENNER MOTIONED TO RECOMMEND SENDING THE NEW HEARING
PROCEDURE TO THE CITY COUNCIL FOR REVIEW AND COMMENT. SECONDED BY ING
ROSKAFT, ALL IN FAVOR. MOTION CARRIED.
Attached, for your information is a copy of the proposed hearing procedure and a letter dated March 11,
1996 from David Licht to myself Re: Otsego Planning Commission: Public Hearing Procedure.
STAFF RECOMMENDATION:
The Planning Commission has recommended the new hearing procedure and Dave Licht agrees. They
have tried this in Lakeville and it works. I personally feel that anything we can do to make sure the
people are heard and to create a record is important. I agree that it could be a problem if not handled
well, but it is up to the Chair of the P.C. to make sure the meeting is in control and why not try it for six
months and see if it helps. We can always disband it if it does not work.
10.2. Set date for job evaluations of Supervisors
(this item was requested at last Council Meeting)
10.3. Any Other Council Business:
A. Consider recommendation of Public Works Sub -Committee of Culvert project
on Ochoa Ave S of Co Rd #39
BACKGROUND:
We mailed letters on December 7, 1994 to the property owners along Ochoa Ave S of Co Rd 4'39
asking if they would agree to pay for the culverts if the City installed them. The majority of the
RCA - 10. 3A (Cont)
residents did not want to have this project done at that time. Now the drainage issue has resurfaced with
the Kincanon, Heritage Plains Project and the project is being recommended by the Public Works
Committee and if the people don't pay, we can certify it to the taxes.
RECOMMENDATION. -
Council recommend approval of the Culvert project on Ochoa Avenue S of Co Rd 439 and charge the
culverts with aprons to the residents. If the residents don't pay for the culverts within a year, it will be
certified to the takes. Note_ Attached is information from the last mailing.
Thanks,
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION ORIGINATING DEPT.
MEETING DATE
CONSENT AGENDA FINANCE
MARCH 25, 1996
ITEM NO: ITEM DESCRIPTION
PREPARED BY
6.1 CONSIDER RESOLUTION CLARIFYING THE INTENT
OF ORDINANCE 91-04, AN ORDINANCE ESTABLISHING
SALARIES FOR THE MAYOR AND CITY COUNCIL
P.Cokley
This item was brought before the City Council at their March 11, 1996 meeting and after lengthy
discussion regarding additional compensation for special council meetings, meetings attended as
ex -officio members, and attendance at other additional meetings as directed, it was the consensus of the
City Council to consider a resolution clarifying the intent of the ordinance.
The attached resolution is drafted based upon the discussions and consensus of the Mayor and City
Council members. The resolution defines the meetings that will warrant additional compensation in the
amount of $25.00 for each meeting attended. It also further defines compensation for attendance at
workshops, seminars, or conventions. I also incorporated into the resolution, a compensation of $75.00
for each half day of attendance at a workshop, seminar, or convention. If this phrase is unacceptable to
the Mayor and City Council, the resolution can be adopted with the condition that the phrase specifying a
half day compensation be deleted.
It is recommended that the City Council approve the attached resolution clarifying the intent of ordinance
91-04, an ordinance establishing salaries for the mayor and city council.
Councilmember Fournier introduced the following resolution and moved its adoption:
RESOLUTION NO. 96-11
RESOLUTION CLARIFYING THE INTENT OF ORDINANCE 91-04, AN
ORDINANCE ESTABLISHING SALARIES FOR THE MAYOR AND
CITY COUNCIL
WHEREAS the City Council adopted an ordinance establishing salaries for the
mayor and city council, and
WHEREAS the adopted ordinance needs further clarification regarding additional
compensation in the amount of $25.00 for special council meetings, meetings attended as
ex -officio members, and attendance at additional meetings as directed, and
WHEREAS there is a need for the mayor and/or city council to attend various
meetings, seminar, and workshops on behalf of the city to allow them to gain information
and knowledge in the performance of their function as mayor and council members, and
WHEREAS there is a benefit to the City of Otsego to have the mayor and/or city
council members in attendance at various special and committee meetings, and
WHEREAS clearly defined meetings eligible for compensation allows for better
controls of the general operating budget.
NOW, THEREFORE, BE IT RESOLVED by the Otsego City Council that
attendance at the following meetings by the mayor and/or city council will warrant
additional compensation of $25.00 for each meeting attended beyond the regular
scheduled city council meetings.
1) Additionally scheduled special city council meetings attended.
2) Committee or commission meetings attended as the ex -officio member
assigned to such committee or commission.
3) Planning Commission public hearings attended.
4) Other special meetings attended as authorized by the mayor or any
other council member.
BE IT FURTHER RESOLVED by the Otsego City Council that in addition to the
compensation listed above, the mayor and council members shall receive as compensation
for attendance at workshops, seminars or conventions $150.(X) for each full day of
attendance and $75.(X) for each half day of attendance in addition to reimbursement for
expenses related to such attendance.
0
The motion for the adoption of the foregoing resolution was duly seconded by
Councilmember Black and upon vote being taken thereon, the following voted in favor
thereof: Mayor Norman F. Freske, Councilmembers Ackerman, Black, Fournier and
Heidner and the following voted against the same: none whereupon said resolution was
passed this 28th day of March 1996.
Norman F. Freske, Mayor
ATTEST:
a�-77� -.11 -0 -- & -
Elaine Beatty, City Clerk/Zoning Ad n.
CITY OF
TSEGO
j899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414
Elk River, MN 55330 Fax: (612) 441-8823
December 7, 1994
Dear Homeowner:
The City has received complaints of surface water drainage problems on your street.
The Public Works Department has repaired washouts caused by storm water runoff on
Ochoa Avenue. There is potential for street damage.
Six driveways on this street have no culvert, therefore stormwater can not flow through
the ditches. The City's current policy requires a minimum size 15" culvert be placed under
driveways that are placed in drainage ditches.
Although there is no apparent problem during frost free times of the year, it is the spring
thaw when the ground is still frozen that flooding does occur.
According to the Otsego City Nuisance Ordinance No.91-23 sections 6-2-1 B, 6-2-11 A
and 6-2-12A the City can declare improper drainage which obstructs or threatens a public
road or which endangers public health, safety or welfare a public nuisance. Once such a
determination is made the city can choose to serve notice on the property owner
demanding that the nuisance cease. If this notice is not timely complied with, the city may
proceed to take the necessary steps to correct the nuisance and to charge those costs to
the offending property owner. In the case of removal of a condition which constitutes a
public health or safety hazard the amount may be assessed against that person's property.
Please fund enclosed copies of the applicable ordinance provisions.
The Council has discussed this matter and voted to direct the City Engineer and Public
Works Foreman to present to you in this letter a method of achieving a solution to the
drainage problem.
The homeowner would need to pay for the cost of the culvert pipe and end aprons along
with and restoration required on the driveway.
The culverts with end aprons cost $320.00 each. This price is the same cost that the City
pays to purchase the culvert from the vendor.
A patch in a paved driveway would need to he made after the installation of the culvert.
The City Public Works crew would install the culverts at no expense to the homeowner.
They would deliver the pipe and aprons, cut the driveway wide enough to install the pipe,
install the pipe and restore the area.
Find enclosed Owner Responsibility Form, Right of Entry, and Waiver, consenting to this
work and accepting the cost of the culvert for $320.00. Payment would be due within 30
days of the installation.
If you choose not to return the signed form and acceptance of the responsibility for the
pipe installation, the City may choose to enforce the matter under Ordinance. #91-2B in
which case all costs could be assigned to the homeowner.
Please return the signed form before January 3, 1995.
If you have and questions or comments, please contact me.
Sincerely,
Elaine Beatty
Deputy Clerk/Zoning Administrator
/dmc/co
Enclosure
Thomas M & Michele J Block
9351 Ochoa Ave NF-
Elk
EElk River, MN 55330
PID# 118-017-001020
Donald A & L I Tholks
9313 Ochoa Ave NE
Elk River, MN 55330
PID# 118-017-001030
John K & Julieanne H Wenner
9279 Ochoa Ave NE
Elk River, MN 55330
PID# 118-017-001040
Dwayne & G Thompson
9342 Ochoa Ave NE
Elk River, MN 55330
PID# 118-017-002020
Marlyn & Connie Englert
7948 North Douglas Drive
Brookln Park, MN 55443
RE: PID# 118-017-002030
John W Sr & Inez L Arnold
9280 Ochoa Ave NE
Elk River, MN 55330
PID# 118-017-002040
I+o
„
Claims List for Approval
HISTORY WORKSHOP - 4 MEMBERS
03/12/96
1401
100.00
•01
PRESERVATION ALLIANCE OF MINNESOTA
For the period 03/12/96 to
03/21/96
113
50.00
•�
'
BOOK -THE HOUSE THAT KIRSCHT BUILT
14,
CLAIM
TOTAL
el TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
• DEPARTMENT OF MOTOR VEHICLE
LICENSE TABS FOR TRUCKS & TRAILER
03/12/96
1393
67.50
MN STATE TREASURER
4TH QUARTER SURCHARGE-BLDG.PERMITS
03/12/96
1394
206.50
• STATE CAPITAL CREDIT UNION
DEDUCTIONS -3/9/96
03/12/96
1395
125.00
:o BANK OF ELK RIVER _
FED.WITH,SS MEDICARE -3/09/96
03/12/96
1396
_ 2,538.53
I+o
„
MINNESOTA HISTORICAL SOCIETY
HISTORY WORKSHOP - 4 MEMBERS
03/12/96
1401
100.00
•01
PRESERVATION ALLIANCE OF MINNESOTA
MEMBERSHIP
03/12/96
113
50.00
•�
KJF & ASSOCIATES, INC.
BOOK -THE HOUSE THAT KIRSCHT BUILT
14,
1403
70.35
.21
MN TRANSPORTATION ALLIANCE
15,
03/21/96
1404
170.00
�43!
�M
ul+s
FILE CABINET,SHREDDER,DRUM,SUPPLIES
03/21/96
1405
1,664.40
•q
BONESTROO, ROSENE,ANDERLIK & ASSOC
PARTIAL PAY -FEASIBILITY STUDY
03/21/96
1406
1,010.01
201 12,,
CORROW TRUCKING
FEBRUARY RECYCLING
03/21/96
1407
22
I22
!z PUBLIC EMPLOYEES RETIREMENT FUND
EMPLOYEE/EMPLOYER SHARE 3/9/96
03/12/96
1397
821.24
u:
57.10
•+a.
EAST SIDE LEASING CO.
COPIER LEASE
2•:
27
1409
237.92
X50
ELK RIVER FLORAL
FLORAL ARRANGEMENT-ACKERMAN
03/21/96
1410
47.92
IL
29,
1201 ICMA RETIREMENT TRUST
DEDUCTIONS FOR 03/09/96
03/12/96
1398
413.19
+3+ aNK OF ELK RIVER
FED.WITH,SS,MEDICARE-MONTHLY
03/12/96
1399
612.11
63!
�•
JOHN'S AUTO ELECTRIC II. INC.
STARTER SEAL
03/21/96
1413
51.12
3�
INTERNATIONAL INSTITUTE MUN.CLERKS
MEMBERSHIP DUES
I341
1414
75.00
LAPLANT SANITATION INC
FEBRUARY RECYCLING
03/21/96
1415
483.75
I2•
LOSS CONTROL WORKSHOP
03/21/96
1416,_15.00
_
» PUBLIC EMPLOYEES RETIREMENT FUND
EMPLOYEE/EMPLOYER SHARE -MONTHLY
03/12/96
1400
87.10
3e
'39,
MINNESOTA HISTORICAL SOCIETY
HISTORY WORKSHOP - 4 MEMBERS
03/12/96
1401
100.00
•01
PRESERVATION ALLIANCE OF MINNESOTA
MEMBERSHIP
03/12/96
1402
50.00
•�
KJF & ASSOCIATES, INC.
BOOK -THE HOUSE THAT KIRSCHT BUILT
03/12/96
1403
70.35
.21
MN TRANSPORTATION ALLIANCE
'96 MEMBERSHIP
03/21/96
1404
170.00
�43!
�M
BOISE CASCADE OFFICE PRODUCTS
FILE CABINET,SHREDDER,DRUM,SUPPLIES
03/21/96
1405
1,664.40
•q
BONESTROO, ROSENE,ANDERLIK & ASSOC
PARTIAL PAY -FEASIBILITY STUDY
03/21/96
1406
1,010.01
'•,1
CORROW TRUCKING
FEBRUARY RECYCLING
03/21/96
1407
1,157.50
•e1
DEHMER FIRE PROTECTION
FIRE EXTINGUSHER SERVICE
03/21/96
1408
57.10
•+a.
EAST SIDE LEASING CO.
COPIER LEASE
03/21/96
1409
237.92
X50
ELK RIVER FLORAL
FLORAL ARRANGEMENT-ACKERMAN
03/21/96
1410
47.92
FYLE'S EXCAVATING & HONEY WAGON
PUMPING.STEAMING
03/21/96
1411
300.00__
,sal
G & K TEXTILE LEASING SYSTEMS
UNIFORMS, SHOP TOWELS,MATS
03/21/96
1412
209.11
�•
JOHN'S AUTO ELECTRIC II. INC.
STARTER SEAL
03/21/96
1413
51.12
3�
INTERNATIONAL INSTITUTE MUN.CLERKS
MEMBERSHIP DUES
03/21/96
1414
75.00
LAPLANT SANITATION INC
FEBRUARY RECYCLING
03/21/96
1415
483.75
LEAGUE OF MN CITIES
LOSS CONTROL WORKSHOP
03/21/96
1416,_15.00
_
_
-I_ONG LAKE TRACTOP R I-QVIP
FLOAT.W:RE.TANK ASSEMBLY
03%21/96
1417
353.87
0
;24I PITNEY BOWES
v1 RINKE-NOONAN
( 12-j SAXON MOTORS INC
i27i ST JOSEPHS EQUIPMENT INC
rWRIGHT COUNTY HIGHWAY DEPT
,_l ��I MEDICA
S �
i7+:
ANNEXATION LEGAL SERVICES
PARTS,SEAL,RELAY
GLASS & SEAQ
SALT & SAND MIX
APRIL PREMIUM
s ,,ST TONKA SANITATION FEBRUARY RECYCLING
„I WRIGHT COUNTY SHERIFF'S DEPT FEBRUARY SERVICES
1361 RADZWILL LAW OFFICE FEBRUARY SERVICES_
03/21/96 1424
03/21/96 1425
03/21/96 1426
03/21/96 1427
03/21/96 1428
2,497.75
48.92
195.33
715.12
1,555.75
03/21/96 1429 293.75
03/21/96 1430 8,030.00
•al POSTAGE BY PHONE POSTAGE 03/21/96 1432
i•a _
TOTAL FOR MONTH
x
1' TOTAL YEAR TO DATE
a z!
I I
»I
31(90975s)
9/9G
36,510.42
—�f
'
Claims List for Approval
2 For the period 03/12/96 to
a
03/21/96
.. ,
CLAIM
TOTAL
el TO WHOM PAID
FOR
WHAT PURPOSE
DATE
NUMBER
CLAIM
e MARCO BUSINESS PRODUCTS
DICTAPHONE,HEADSET,BINDER
03/21/96
1419
1.050.10
�i
+' METROPOLITAN GRAVEL CO INC
SEAL KIT &
BEARING
03/21/96
1418
49.88
MINNESOTA MUTUAL
APRIL LIFE
& STD
03/21/96
1420
187.60 _
P
Pa
I+t
�. NORTHERN AIRGAS
OXYGEN
03/21/96
1421
10.50
•� NORTHWEST ASSOCIATED CONSULTANTS
FEBRUARY SERVICES
03/21/96
1422
5,024.96
+�I+s
+ a+
201
.2+1
;24I PITNEY BOWES
v1 RINKE-NOONAN
( 12-j SAXON MOTORS INC
i27i ST JOSEPHS EQUIPMENT INC
rWRIGHT COUNTY HIGHWAY DEPT
,_l ��I MEDICA
S �
i7+:
ANNEXATION LEGAL SERVICES
PARTS,SEAL,RELAY
GLASS & SEAQ
SALT & SAND MIX
APRIL PREMIUM
s ,,ST TONKA SANITATION FEBRUARY RECYCLING
„I WRIGHT COUNTY SHERIFF'S DEPT FEBRUARY SERVICES
1361 RADZWILL LAW OFFICE FEBRUARY SERVICES_
03/21/96 1424
03/21/96 1425
03/21/96 1426
03/21/96 1427
03/21/96 1428
2,497.75
48.92
195.33
715.12
1,555.75
03/21/96 1429 293.75
03/21/96 1430 8,030.00
•al POSTAGE BY PHONE POSTAGE 03/21/96 1432
i•a _
TOTAL FOR MONTH
x
1' TOTAL YEAR TO DATE
a z!
I I
»I
31(90975s)
9/9G
36,510.42