09-04-96 WSCITY OF OTSEGO
SPECIAL COUNCIL WORKSHOP
REVIEW OF FEEDLOT ORDINANCE
SEPTEMBER 4, 1996
6:30 PM
Roll Call: Norman F. Freske, Mayor; Councilmembers: Suzanne Ackerman, Ron Black,
Larry Fournier, Vern Heidner.
Staff: Bob Kirmis, Assistant City Planner; Andrew MacArthur, City Attorney; Elaine
Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk.
Mayor Freske called the Workshop Meeting to order at 6:30 PM.
Mr. Kirmis reported he responded to the City Council Comments from the August 13th
Workshop Meeting and the changes are highlighted in the attached NAC Memo dated
August 28, 1996. Mr. Kirmis suggested to go through the changes made and address the
issues he and Mr. MacArthur need clarification.
The Council and Staff went over.
Section 20-38-1. Purpose. Expanded to include regulations of scale and size of feedlots.
Section 20-38-4 Prohibited Feedlots.
CM Heidner asked if 10 AU are allowed, then how do they not fall under the expansion of
existing feedlots and to keep this in mind.
Section 20-38-6. Information Requirement.
Section 20-38-7.B. Feedlot Setbacks.
Outstanding Issues:
Section 20-38-2.B. Change of Ownership.
There was discussion on using immediate family or just change of ownership.
Ann Bentz noted it doesn't cost anything to change ownership through the MCPA.
Mr. MacArthur preference to remain as the MN Rules state.
Council agreed to use the City Attorney's recommendation and would be deleted
(excepting transfer to member of the immediate family)
Prohibited Feedlots
Mr. MacArthur said what is specifically being looked at are the hobby farms, which aren't
totally defined.
City Council Workshop Meeting of September 4, 1996, cont'd. Page 2.
CM Fournier suggested to define hobby farms to include small AU.
Mr. MacArthur said a hobby farm is were it is not the main source of income.
CM Heidner suggested no new ones after a set date.
CM Black stated if it doesn't qualify for Green Acres, it shouldn't be allowed and classified
as a farm.
John Holland suggested not to exceed nine AU, since at 10 AU, MPCA approval is
needed.
Mr. MacArthur suggested to come back to this one,(definition of hobby farm is very loose
and to revise it.)
Page 11. B. New Feedlots and Feedlot Expansions:
CM Heidner said all of these should be stricken.
The Council agreed to strike out 1, 2, 3, 4, 5, 6, 7, 8.
Section 20-38-6. Information Requirement:
CM Fournier supported to leave as is.
CM Black supports getting all the information possible and not waive gathering any
information.
CM Heidner supported CM Black.
The Council agreed to leave as is.
Setbacks - Non -conforming uses.
CM Fournier supports the Planning Commission recommendation.
CM Heidner stated then your only looking at distances for non -conformity.
CM Black asked Mr. Kirmis if there is anywhere in the City's Ordinances for non
residential uses that permit this type of logic.
Mr. Kirmis responded only in regards to single family use but not for business.
CM Black said if this is looked at from a commercial perspective than that logic could be
adopted to other parts in the ordinance.
CM Fournier said if they adopt, they are saying farms can't expand at all and a lot do not
meet the setbacks.
CM Black said the City doesn't have that kind of information.
Mayor Freske stated then the businesses would be treated differently.
CM Fournier said a CUP would be used.
Mr. Kirmis explained if there is a non conforming use, a CUP is needed to expand no
matter what size.
CM Black said everyone else could use that logic to expand businesses.
CM Ackerman said what is being talked about is animals and farmers and can't we have
one rule that applies for everything.
CM Heidner said this is a degree of non conformity and it could be so small.
CM Black noted it does happen, it can't be subjective, need rules in front of them to make
it fair to everyone. He can't see how they can expand if they are in a non conformity
situation now.
City Council Workshop Meeting of September 4, 1996, cont'd. Page I
CM Fournier added if this is done, then most farms won't be able to expand that is his
concern.
CM Heidner does not want a CUP process.
CM Fournier said it could be worked through as a CUP process with perimeters.
CM Black - if every case is evaluated that comes along, it won't work - rules are needed
and therefore he doesn't support the CUP.
CM Fournier asked if in essence, this is telling the farmers they can't expand?
Mayor Freske said if they are in conformance they can expand.
After further discussion, the Council decided the following.
CM Black - Remove it
Mayor Freske - Remove it
CM Fournier - Doesn't like it there but concern for existing farmers in the rural area on
how they can expand. Suggested using the 50% as CM Heidner suggested.
Mayor Freske told CM Fournier he is saying this assuming there is non conformity.
The consensus of the Council was to remove it.
Mayor Freske left the workshop early due to a prior commitment.
City Council discussion held on expansion. There were concerns with replacing buildings
if destroyed. Their consensus was no expansion.
CM Black motioned to adjourn. CM Heidner seconded. All in favor. Motion
carried.
Workshop adjourned at 8:43 PM.
Mayor Norman F. Freske
Elaine Beatty, City
Record e b Ju Hudson, Deputy Clerk
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