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08-13-96 WSCITY OF OTSEGO SPECIAL COUNCIL WORKSHOP REVIEW OF FEEDLOT ORDINANCE AUGUST 13, 1996 6:30 PM 1. Mayor Norman F Freske will call workshop to order Mayor Freske called the meeting to order at 6:35 PM Roll Call: Mayor Norman F. Freske; Councilmembers: Ron Black, Larry Fournier, Vern Heidner. CM Ackerman arrived late. Staff: Andrew MacArthur, City Attorney; Bob Kirmis, Assistant Planner; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk. The Council reviewed the maps Hakanson, Anderson prepared. The maps show setbacks from residences at 500 feet, 1,000 feet and 1,500 feet. Bob Kirmis said the maps were intended to aid in discussion if it is appropriate to allow new feedlots. Council discussion CM Black thoughts: The maps tell him that Otsego is not a rural community To allow an intense industrial use would be wrong Recent boundary line changes should be considered - residents want sewer and water - these communities won't remain agricultural The smaller the setback, the bigger the headaches in the future Supports a 2 mile setback from municipal boundaries Mayor Freske thoughts: Discussed issue with many farmers, and they want to develop and therefore he feels there is a larger percentage of residents that would like to develop their land versus putting in feedlots. CM Heidner thoughts: If we are no longer to be rural in character, suggested opening up the one per forty area CM Black disagreed feeling the large acre lots create a drain on resources, take up land and development should be concentrated in an area but when changes occur there should be public services available. CM Heidner didn't see large lots costing more money as long as they are on existing roads, which the City maintains now. City Council Feedlot Ordinance Workshop of August 13, 1996, cont'd. Page 2. CM Fournier's thoughts: Give opportunity for farm land to be protected, He supports some sort of existing feedlot expansion Feedlot zone might be something that can address the issues. Andrew MacArthur, City Attorney, thoughts: Suggested looking at surrounding communities and how they accommodate feedlots. Anything from one-half to two mile setback is standard from a municipality Floyd Goenner stated if he can't expand his operation then he would like this to apply to everyone else in Otsego. The Council and residents discussed business expansion. Richard Nichols stated if the farmers are forced to move out they won't get the fair market value. Mayor Freske questioned if the Council wants new feedlots. CM Heidner asked how do you prevent one from coming in. Mark Berning asked if they move existing feedlot back, would that be considered "new". The Council thought it sounded like it would be treated as a new feedlot. Bob Kirmis noted the Planning Commission recommends existing non -conforming feedlots may expand provided the degree of non -conformity is not increased. Bob Kirmis stated the Council needs to define a "new" feedlot. CM Heidner: There is a point in expansion when you can't expand anymore without rebuilding. Ann Bentz asked about handling complaints from other municipalities. Mr. MacArthur said the City has no control or reason to notify people outside of our jurisdiction, maybe if there is a zoning hearing you notify them, but technically they have no input. Andy MacArthur suggested establishing a percentage of expansion which would be allowed. CM Heidner asked how would this be policed. Andy said the burden of proof is on the applicant. Richard Nichols said the existing city development acknowledged in considering whether to allow new or expanded feedlots. He isn't sure about water and sewer and maybe a way to tell people are not forcing them out immediately. Start out with no new, but the current ones have to register the number of AU and will allow a certain percentage per year up to a certain amount. This would give them time to plan. The key would be management. City Council Feedlot Ordinance Workshop of August 13, 1996, contd. Page 3. Gene Goenner asked the Council to think about the guy who needs to expand from 15 to 20% at this time. Mayor Freske noted there will be residents who will be upset with whatever is decided. CM Black supports existing feedlot expansion as long as it can be done with whatever facilities presently exist - no new buildings - no AU number involved. He would not be comfortable in using percentages. CM Heidner asked what it takes to implement that and what would be fair. Bob Kirmis stated it sounds like the Council is prohibiting new animal feedlots with the idea that existing feedlots can continue. Vision in Ag Zone, farming, and Ag is permitted and will say crop AG is a permitted use. You can not come into Ag Zone and establish an Ag Use. If you have Ag Crop use permitted you would have a hard time prohibiting accessory buildings. If you permit a use you have to permit structures that go along with it. CM Black said he is trying to do is that he does not want to see people reporting anything to City Hall, something easy to observe and will trigger violation (if there are any violations) is what he was driving at. Bob Kirmis said then an Ag Use a person can continue to use as is. CM Heidner asked what if a barn burns down. Mr. Kirmis said something could be put in the Ordinance that they can rebuild. Existing Feedlots: CM Ackerman: 800 AU as max. and setback between 700 and 750 feet. Mayor Freske: Opposes new feedlots CM Black: Supports Mayor Freske, 1500 ft setback and .5 mile from municipalities CM Fournier: 750 ft. setback Bob Kirmis: Then your saying existing can continue as is. The Council said yes Bob Kirmis: Are you saying no new feedlots CM Black: Yes Mayor Freske: Yes CM Heidner: Depends upon definition CM Fournier: Yes CM Ackerman: Yes Bob Kirmis: Are you saying feedlot expansion, allow to some degree. City Council: Yes, only in long range rural area. Bob Kirmis: Should conditions be established under which they can expand. CM Fournier: yes and include AU and setbacks City Council Feedlot Ordinance Workshop of August 13, 1996, cont'd. Page 4. Bob Kirmis: 750 AU? Bob Kirmis: How far setback from municipal border? CM Heidner: If .5 mile is appropriate for neighboring municipality, why isn't it good enough for Otsego residents? CM Black: supports .5 mile from border and for anything. Andy MacArthur: Allow to expand in existing buildings - not increase non -conformity - and cap at 750 AU. Bob Kirmis: Is the intent to allow animal expansion and expansion of structures? CM Fournier: Yes Andy MacArthur: If they have existing buildings, they can expand up to 750 AU? CM Ackerman: They should be able to expand buildings. Mayor Freske and CM Fournier agreed. Bob Kirmis: Conditions of Expansion, can they expand the buildings to accommodate the 750 AU? Break Mayor Freske pointed out he discussed with Bob Kirmis and Andy MacArthur about the Comp. Plan being changed next year and all the work being done now, with the Comp. Plan changing all this work will be done for nothing. CM Black said the moratorium is in place and the issue is there and before us and a decision has to be made. Bob Kirmis stated the Comp. Plan establishes a policy. The first decision is the policy, then the appropriate modification to the ordinance. Bob Kirmis: Will you allow expansion of buildings? CM Heidner: Can't expand from buildings that houses 50 AU up to 750 AU. Whatever operation is there now, the smaller ones don't need to jump way up. CM Fournier: suggested to go according to lot size and tillable land owned. The Council did not agree with this. CM Black: 300 AU, after that a variance. CM Fournier: supports that except for the variance. CM Heidner: Uncertain, because variances haven't been given. Andy MacArthur: Variances granted for unusual features of the land Gene Goenner said the variance wouldn't work because you can't grant them based on economical hardship and also wouldn't be able to demonstrate a unique hardship. Floyd Goenner asked about existing feedlots over 300 AU City Council Feedlot Ordinance Workshop of August 13, 1996, cont'd. Page 5. The City Council said they would be grandfathered in. Andy MacArthur said for a CUP you look for compatibility and surrounding land values. CM Heidner: 300 AU and a CUP for over 300 AU up to 750 but would need some setbacks. Setbacks CM Heidner: 500 feet for under 300 AU; over 300 AU at 750 feet 150 to 300 AU at 500 feet 301 to 750 AU at 750 feet and a CUP is required for over 150 AU Mayor Freske: 1000 feet for 750 AU and 300 to 500 AU at 750 feet CM Black: no stand The consensus of the Council was for CM Heidner's suggestion. Council Recommendation on the following: Wells - Private: Same as private residences Long Range Urban Service: Prohibited Rural Service: 750 feet Wells - Public Long range urban Service: Prohibited Rural Service: 2,500 Steep Slopes: 300 feet Public Parks: 1,000 feet Drainage Ditches: 300 feet Private residences: Immediate: Prohibited Long Range: 500 feet Rural: 500 feet Church, School, Similar Facility: same as residences The Council reviewed the comparison sheet Urban service area changed to 1000 ft Increase setbacks deleted City Council Feedlot Ordinance Workshop of August 13, 1996, cont'd. Page 6. Gene Goenner asked why use the urban service area boundary setback, why not use the residential setback, why two buffers? Urban Service Line CM Ackerman - 0 CM Fournier - 0 CM Heidner: Still have the residential setback 0 Mayor Freske: 0 CM Black - The Council discussed having another workshop. CM Black stated concern for all the staff time going into this but will support another workshop as long as it will be only one more special meeting. Next Workshop: September 4, 1996 at 6:30 PM CM Fournier motioned to adjourn. Seconded by CM Heidner. All in favor. Motion carried. Work adjourned at 10:25 PM. r a'J• F. Attest: Elaine Beatty, City Clerk/Aning Administrator Deputy Clerk ccws896.wps