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09-06-95 PCCITY OF OTSEGO PLANNING COMMISSION MEETING SEPTEMBER 6, 1995 8 P OTSEGO CITY HALL 1. Chair Carl Swenson will call meeting to order. Chair Swenson called the September 6, 1995 Planning Commission Meeting to order at 8:05 PM. ROLL CALL: Carl Swenson, Mark Wallace, Ing Roskaft, Jim Kolles, Eugene Goenner, Arleen Nagel, Richard Nichols. Excused Absence: Bruce Rask Staff: Andy MacArthur, Attorney; Larry Koshak, Engineer; Bob Kirmis, Assistant Planner; Elaine Beatty, Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Carol Olson, Secretary. Ing Roskaft motioned to approve the Planning Commission Minutes of August 16, 1995 with noted correction. Seconded by Jim Kolles. All in favor. Motion carried. Discussion: Chair Swenson noted on page 4, Item 6, strike out request is as follows. Chair Swenson welcomed everyone and explained the Public Hearing Process. Opening remarks from staff. Bob Kirmis went over the history of this request. Christ Lutheran Church's original request was for INS Zoning of 10.3 acres. The Planning Commission recommended approval on a split vote. At the June 26, 1995 City Council Meeting, the Council expressed concern with the scale of the proposal and the impact on the tax base. The applicant withdrew their request and revised the Preliminary Plat. The Preliminary Plat now shows a scaling down to a proposed 6.3 acre expansion and a 4 acre Outlot. Mr. Kirmis noted that basically, the issues raised previously remain applicable. NAC considers Otsego Planning C this a policy matter to be deter recommends zoning approval, conditions outlined in their re] Larry Koshak reported in his 1 been addressed. He did not re this can be addressed later. M Minutes of September 6, 1995, contd. Page 2. .ned by City Officials. If the Planning Commission AC recommends Final Plat approval subject to the rt of August 8, 1995 (attached). Nious report he stated his concerns and the majority have ive a site plan showing current septic and drainfield but Koshak, City Engineer, recommends approval. William Jones Mixed feelings, concerns were: location, commercial 8756 Parrell Avenue levelopment as primary for this area, important to keep Iity functioning/suggested to work with church on parking nabling them to expand on present location and to utilize ew school facilities for recreational purposes. Wally Klus, representing Mary Dare 5100 Eden Avenue Minneapolis, MN Chair Swenson closed the Commission. Concerns: The Outlot not losing t The capacity of the nev Projection for growth If growth continues as If church researched of Current property, what additional prop, Response: Bob Kirmis stated the zoning N not the Outlot. The potential f Jack Holm, Christ Lutheran Cl no design for seating capacity to double seating from what th Church is driven by amount of Most the this land is in the Flood Plain. Thinks that ommercial development is several years out and there > a need for soil correction/ land won't be in demand ntil Water & Sewer is put in and then will still have to -move out of Wild & Scenic and Flood Plain. Hearing and brought discussion back to Planning ( base building jected, will expansion go into the Outlot. typical size property for churches. of expansion space if available without obtaining ould only apply to the 6.3 acres they are building on and r the Outlot is for commercial development. arch, explained that the site plan is conceptual and there is t this time. For current property, Church wouldn't be able y have, not being able to get enough parking. A size of a )arking. Joint parking is not currently available. Otsego Planning Commi Pastor Pagh, Christ Lutheran ( 2000. Would like to see a san be a option for the future. He sell. The Lord of Life Church started with 10 or 15 acres an( Comments* Mark Wallace stated that the and looking at the long range against the Comprehensive P] not conform. Mr. Wallace w, showing enough property for the Church to look for anothe organization and not as a Chr not in the City's best interest Eugene Goenner stated the G and identity outside of the coi Goenner also noted that the C is his opinion they do have so Mark Wallace motioned to i Highway Commercial to an Nichols. Voting For: Mark Wallace, Voting Against: Eugene Go Motion to rezone was denies Minutes of September 6, 1995, cont'd. Page 3. hurch, stated projection for membership is 2,000 by Year tuary built for 750 capacity. He noted that Outlot would Iso noted, if Water and Sewer comes through, they could n Ramsey, a 2000 membership was forced to relocate, they have added more. The focus of ministry has changed. )sition of the Planning Commission is planning for the City lith trying to fit what is in the City. This request goes i. The City may be left with a building structure that does concerned if there is a contingency plan )ng term. Mr. Wallace also noted that perhaps it is time for location. Mr. Wallace stated he had to look at this as any tian Church. In conclusion, Mr. Wallace stated that this is allow this request. nprehensive Plan is intended to give the City recognition munity. He feels that the Church will give this. Mr. urch was originally given approval by the County and that .e rights to expand current facilities. the request to rezone the 6.4 + acres from B-2, (Institutional Zoning.) Seconded by Richard Uchard Nichols, Arleen Nagel, Carl Swenson nner, Jim Kolles, Ing Roskaft by a four to three vote. Discussion: Eugene Goenner ommented that if this was a new development going in, he would agree with denying req est, but the Church is there and should be able to expand. Chair Swenson concurred wit the Church being valuable, but look at the potential Commercial and Industrial in tsego, compare it to Elk River and it appears that Otsego is very short of potential devel pable land. Chair Swenson stated that in planning for Otsego, this zoning would not e in best interests of the City. Elaine Beatty stated this item 6:30 PM. be on the September 11, 1995 City Council Agenda at Otsego Planning Commission Minutes of September 6, 1995, cont'd. Page 4. Opening remarks from Staff Andy MacArthur outlined the City's role of a Conditional Use Permit. This issue was previously submitted to the MPCA and a Interim Permit was issued. The City's A- I Districts list commercial feedlots as conditional uses. The City's requirements are to be in compliance with the MPCA and comply with setbacks. The parameters the City has to review this, are narrower than usual because of the MPCA. The MPCA has primary jurisdiction of feedlots. In Wright County, if its under 300 animal units, its a permitted use, above 300 its a CUP. The primary condition, is to be in compliance with MPCA. The MPCA has reviewed and has determined that there are no apparent pollution issues. The City has reviewed the land related items, and NAC has addressed these. The City can't amend its ordinances while this applicant is under consideration and apply those changes for that application. These are the general legal parameters the City is under. The Planning Commission must be aware that the area has been zoned Agricultural. Bob Kirmis gave a description of the project and that Jim Lefebvre, on behalf of Lef-Co Farms Inc., has requested a Conditional Use Permit. Specifically, the applicant wants to establish a feedlot as described. Mr. Kirmis went through the NAC Report dated August 28, 1995 (attached). NAC recommended that the Planning Commission and possibly the City Council conduct a site inspection of similar feedlots prior to making a formal recommendation. Larry Koshak stated the MPCA is overseeing the engineering issues, and will defer to their comments and approval. Mr. Koshak addressed his concerns in his Report of August 31, 1995 (attached). Elaine Beatty stated that the proper postings and publication have been done. Otsego Planning Commission Minutes of September 6, 1995, cont'd. Page 5. Greg Lefebvre Fifth generation operators/Farm owned by Greg, Mark, Jim and Rita Lefebvre/There is a need to expand operation, need volume to be efficient/Their families want to stay in this area/with new facility would be able to milk more cows per man hour/choose this site for 3 reasons: 1) felt this site fits the Comprehensive Plan (looked at 4 or 5 sites) 2) Engineer picked this site because of clay and lower excavation costs 3) Site is more than 200 ft from existing homes. They need this number of cows to pay for this/ previously talked to City Staff and were told they just needed a building permit and proceeded to get a MPCA permit/ no word of commercial in this/ a site engineer was hired/ received MPCA permit on July 17/ the city contacted us and told us they would consider them as a commercial feedlot/City Attorney informed us they are going off the County requirements/ we agreed to file for a CUP/ we feel we are complying with the conditions/ animals must be out of the 1000 ft setback - isn't going on in the City/A-1 Zone is for maintaining and preserving the farm/ feel this is going to promote and enhance AG purpose/there is no place in permit where commercial is mentioned/designed to be environmentally friendly/the propaganda issues distributed say nitrate in water - all drink the same water/ have confidence in the MPCA evaluation/believe home septic systems are more of a threat/a 24 hour operation , looking at 2 people, less noise then what is current/manure application - pump directly from basin to applicator reducing odor and better than alternative of spreading year around/ they don't want spread on frozen ground slopes/ feel they using the best/an opportunity to learn from this process, need to answer the questions, not have reactions. Karen Oakley from Liesch 12400 15th Ave N Plymouth Environmental Consultants, Ms. Oakley gave a slide presentation on the permitting Retained by Lef-Co Farms process and requirements outlining the Design and Permitting/Advantages-Containment avoiding impacts to surface waters -liner systems protect -enhanced utilization/Concerns - odor -basin liner performance/ Overview of this type of facility. Otsego Planning Commission Minutes of September 6, 1995, cont'd. Page 6. Tom Casey, Attorney 2854 Cambridge Lane Mound, MN 55364 Retained by citizens opposing this CUP. Warts to get Law and Facts on record/ Background - Nodiing in State Statutes or City Ordinance stating City has to maximize landowners profits - applicant only wants this for economic reasons- purpose of Zoning Code is for regulation to protect the safety and general health of public by r gulating the use of land/must apply most restrictive stanlards/ protect citizens health and welfare/referred to Zoning Ordinance 1-4.B., 4-2.F., Comprehensive Plan, Page 18 (Park Site), Page 26, atural/Environmental #2,#3, Page 34/concern with this use and conformity with Long Range Planning to the North/ Res' ential neighborhood encronchment protection/curtail to f ture impact. Coinvatabilitv of Present and Future Land Uses/ patability of R2 Zone/Corporate farm will be 8 times er than average dairy farm/Lef-Co wants profits ways, (selling off lots) brmity Standards purposed uses on the area, incorporates amental issues/Questions on air quality/Odor m/attracts flies/ The crust - applicant said will reduce odor by 80%n still have 20% Concerns with other feedlots that might come into the City if farmers would stop collecting manure/ Noise/Quality ofmanure/ Dou ling sewage in Otsego if permit is approved/ No clean guidelines from MPCA on spreading/what if Corporation goes out of business and Otsego is left with clean up costs?strengths of emissions/ Exhibit 3 - Comparison waste strengths according to oxygen depletion and phosphorus content - MPCA - Vis al Concerns/buffers needed/ Wa r quality issues - Wright County Comprehensive Local Wa r Management Plan, Page 70, growing evidence with grot nd water polluting with nitrate and pesticides / Lett -,r to PCA regarding high rate soil absorption design of Ots go Elementary/are there any abandoned wells near site? HiA water table near site/ Otsego Planning Commission Minutes of September 6, 1995, cont'd. Page 7. Mr. Casey, cont'd 0 health effects concern; coliform bacteria, impact on property values/agreed a drainage plan is needed/ exca ation permit should be required/ Referred to Section 27-1.A. (Zoning Ordinance)/6-2.1. Nuisance Law. Section 27-4.E./ Exhibits 4 and 5. National Wetlands Inventory - ask that the those sites examined and survey and setbacks protrude. Applies to any pond or lake. Should still consider Pollution Control Issues, disagrees with City Attorney regarding analysis of whether or not City is lin ted to looking to non -population issues/ MPCA Permit language - not releasing the permittee from any liability/Referred to Manure Management Guide for Live Stock Operators, May, 1995, Pages 10,11,13,14, talks about referring to local laws in addition to MPCA Perm tting Process/MPCA admitted they have problems/ can't ignore Enviomental issues on Local Level/Wright County doesn't administrator the MCPA Permit Program/be carefil of this, the city has a duty under the CUP process to look�t this carefully, deny based on compatibly and land use sues. Carol Holland 6419 Packard Avenue How many planners have visited neighborhood and envision this/this piece of land has only been owned by Lef- o for 15 years/Concerns were impact image, flies, devaluation of property, smell of feed and man re/gases/noise/disruption/ not being able to walk because of waste on roadway/noise at night/windows can't be open/not being able to entertain/no guarantee that ground water won't be contaminated/concem with water quality -of availability. Lived here for 18 years/ Lefebvre purchase farm with one resid ntial homes/ lack of consideration and no respect for neighbors with placement of this site/This is placed closer to our mes than theirs/if commercial feedlot goes through will be transferring all the negatives on neighbors/request a site inspection, and request to visit a commercial feedlot that as been existence for 6 years and to ask about noise, odors, etc.all concerns, notice lack of residential homes, layout of feedlot/look for Long Range Plans of City and not just their operation. Otsego Planning Commission Minutes of September 6, 1995, cont'd. Page 8. Dale Kolles Spoke in support. 11787 NE 95th Street Has farmed around Lefebvre's all his life and they are goo farmers/Dale's family has manure pits, one put in two year had a plastic liner/Nuisance Law how many people have moved out without knowing that you moved into an AG ea/residents have told him to shut his tractor off so their kids can sleep/ tractor lights bother them late at nigh tractor tracks are hard for snowmobiles/ has lived here all his life/farming is more controlled these days and the Lefebvres are up-to-date farmers. Dan Lefebvre SnokT e in support 15464 NE 70th St. Warts the Planning Commission to take a common sense approach/Mr. Casey mentioned a lot of health and safety conc erns, residents live 250 feet away, he lives 25 feet awafrom current facility and doesn't have concerns that we addressed/moved into his current home 5 years ago and aluation has increased 15% in three years/there will be no increase in noise/ traffic is a non issue/odor is non -issue. Diane Shonyoposition. 6841 Packard Ave NE Live; directly across from feed lot/built 21 years ago befo e Lefebvre purchased this land/Barn will have open w , nothing to contain the odor/ this won't be the typical family farm/there will be noise, odors, semi -trucks, flies/ increase of traffic/ gone will be the quality of life they have known for 20 years/ability to keep windows open will be gone/ gone will be comfort of knowing there is good tap wau r quality/ who will be responsible to homes owner if acci ental leak happens/ will there be a test well/ gone will be s e quiet streets we walk and jog on/will Packard Ave aue be able to handle this/ gone will present home valu/don't let this be a precedent for other feedlots/there re o amany unknowns. Lisa Bergposition. 6939 Packard Ave NE Has lived in the City for 2 years and this is a City/when we moved in, no milking operations were there, wouldn't have moved here if known a commercial feedlot was coming in/ If we sell our property, we must disclose to the potential buyer that a Commercial Feedlot is coming in, and this is not a good selling point/Jim Lefebvre Otsego Planning Commission Minutes of September 6, 1995, cont'd. Page 9. Lisa Berg, cont'd wams to change the game plan for his own needs/majority of residents wanted incorporation/concern with smell coming in house and clothes/ there will be no peace/ noise assojciated with operation/ flies/visited a site in Glenwood, ma a video/ the farmer told her that they didn't anticipate the problem of flies/smell of feed, where will he store the feedt rodent problem/who will monitor the feedlot/ Checked with MCPA and they don't have enough people to monitor feedots/will they being expanding operation down the road/Look at other feedlots, there are no homes around John Holland 6419 Packard Avenue NE Have been friends with the Lefebvres for many years but is o 'posed to this/Wouldn't think Mrs. Lefebvre would allow this 250 feet from her home/If this was on the Lefebvre Property they would get the full benefit from this/ they are giving all the negatives to the neighbors/could expect life of Corporation of 20 to 30 years/ Corporations only survive with growth, it must expand and will come back to City for expansion/here primarily because his valu tion will go down/Per the County, property value increase will be slower/had his property professionally appraised, average increase is 3 to 5% each year, if I lose 1% a year, by the time I retired I will lose about $90,000 to $100,000/will have to disclose feedlot within 1000 ft of pro erty/Lefebvres have no Long Range Plan (5 year)/ Visii ed a Feedlot in Foley for a operation of same size, (MP A recommended) no fence around pit/ milk 350 to37 cows/dry cows are 2 miles away, fly problem with them,parked down wind, knew was there and I was 1000 ft awa / fermenting of feed was extremely strong/Encourage Plan ing Commission to look at operation from the outside, at th surroundings, talk to the farmer. Jean Baumgartner Snore in op osition_ 15857 70th Street NE Where she works, OSHA set guide lines for a safe env' onment, in spite of these guidelines people still hu PCA sets guidelines but have established these guid lines don't always work and have to look at revising/Count on economy to keep going up and count on homes to increase in valuation. Otsego Planning Commission M�nutes of September 6, 1995, cont'd. Page 10. Diane Sebeck 8116 River Road A 2 year residentf understand neighbors concerns/ Lefe ores are conscientious farmers for the environment/ Lefe vres rent the $ebeck's land/Diane appreciates their professionalism/Checked with a person who lives near one of these facilities, and concerned with how many times pit is emptied/Odor is only notice when agi ed and understand Lefebvre will only spread about once a year and applying as they proposed will reduce odor/5 or 6 pears down the road, the Lefebvres may want to close the feedlot and move it elsewhere/ Wi the growing pains of City, not thrilled with all the people moving in/there are environmental concerns, can't beli e what she picks out of the ditches/ she prefers cowS for neighbors, they don't drive snowmobiles through her 3 ard/has faith in the Lefebvres that they will n this well and abide by the rules/nearby neighbors will nonitor this feedlot Merlin Bostrom Spo�e in opposition - 6749 Packard Ave NE If Planning Commission goes to review one these feedlots will ey be able to find one that is comparable in the State of MN/remind the PC that this will be located in a Cityj haven't found another one located within City limits. Steve Ackerman Spoke in support" 8217 Packard Avenue NE PC needs to consider that the Lefebvres were here first/ encroaching on them and not the other way around/a lot of farms in this City/resident of 3 or 4 years/reason he moved here is because farms are good for community/ if they are continue to be squeezed out we suffer because of it/ th y are just trying to make a living like the rest of us. Murray Hawkins e in opposition, 16438 70th St. NE Have you lived next to keeping of leaves, grass clippings which give off bad smells/site will only be 2 miles from school/Otsego will have to realize this shouldn't go into a City. Otsego Planning Commission Minutes of September 6, 1995, cont'd. Page 11. Jerome Bauer SpQie in Support - 6685 ODean Avenue NE Critoria for business expanding, is to look what they have: done in the past/ Lefebvre is a good farming operation/Feedlots are needed/Give them a chance and opportunity to do this because they have a good track record. Ann Bentz SpQke in opposition. 6699 Packard Ave NE Lef bvre's field surrounds her property/referred to a brochure from U of MN, Excellence in Feedlot Majagement/Odor Control was key topic and other controversial topics. Gordon Goodin 220 E Central Pro erty owner East of Lef-Co Farm/have residents St. Michael had heir septic systems tested/increase traffic will hapI ien without the Feedlot/Odor won't be any worse than there current operation/Lefebvre's already have 3 iead of cattle/building sites always are placed with corn on sense/this is new technology/MPCA already have approved knowing where wetlands are. David Longren 15850 56th Street SAWn op osp ition_ Frankfort Township Lives Southeast of proposed site/built one year ago/ wo dn't have built there if feedlot was proposed then/ con ern with operation growing/ask for understanding of residents views/look at other feedlots. John Ouellett Sne in op osition_ 6132 Packard No doubt in his mind that no one would buy a house acro;s from a feedlottremember that this is a City/ A 1 ge pile of manure by him didn't crust over. Dale Basinger 5861 Parnell Avenue Spoke in op osition. Frankfort Township 2 issues - I. Direction of wind, per City Map, there are horn s all around this site. 2. Creek that runs around South end of property, concern being within 1000 feet. Otsego Planning Commission Minutes of September 6, 1995, cont'd. Page 12. Gabe Davis 6689 Packard Ave NE The day he called the MPGA, they were out of the offic investigating a liquid manure spill/ No Engineer from MPCA did a site review/This is the wrong place and time. Rex Osterbauer 7380 ODean Ave NE Will give negative impact to property and commercial the City wants. Arthur Reiker SpDk AL 6689 Packard Ave NE Own d property for over 20 years across from site/ had horses and when he got rid of them he also got rid o the flies, and smell. Chair Swenson brought back to the Planning for discussion. Chair Swenson stated that one of the requirements NAC suggested was a site inspection and agrees with this. All Planning Commission Members agreed on September 16, 1995 for the site tour. Staff was directed to arrange the b , site selection and also a site inspection of Lef-Co Farm. Action Ing Roskaft motioned to continue this hearing to September 20, 1995, to allow site inspections. Seconded by Mark Wallace. All in favor. Motion carried. Ing Roskaft motioned to set the Hearing for consideration of a Moratorium Ordinance on October 4, 1995. S onded by Richard Nichols. All in favor. Motion carried. Otsego Planning Commission Minutes of September 6, 1995, cont'd. Page 13. 5. Continue Brainstorming for * sion - with Richard Nichols - Richard Nichols motioned to move the Visioning Session to September 20, 1995. Seconded by Mark Wallace. All in favor. Motion carried. Ing Roskaft motioned to set Hearing for consideration of amending the Home Extended Business portion of th Zoning Ordinance on October 4, 1995. Seconded by Mark Wallace. All in favor. Motion carried. None R. Ad' Ing Roskaft motioned to adjou. Seconded by Mark Wallace. All in favor. Motion carried. 7 c Arleen Nagel, Secretary Judy Hudson, Recording Secretary