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.
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Attest: Elaine Beatty, City Clerk/Aning Administrator
Deputy Clerk
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