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04-17-96 PCCITY OF OTSEGO PLANNING COMMISSION MEETING APRIL 17, 1996 8 P Roll Call: Ing Roskaft, Richard Nichols, Eugene Goenner, Bruce Rask Jim Kolles, Carl Swenson, Council Representative Larry Fournier Excused absence: Arleen Nagel Staff: Bob Kirmis, Assistant Planner; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk. Arriving at 9 PM City Attorney, Andrew MacArthur. 2. Consideration of the Planning Commission Minutes of Anril 3, 1996 Bruce Rask motioned to approve the April 3, 1996 Planning Commission Minutes. Seconded by Richard Nichols. All in favor. Motion carried. Chair Swenson continued the Public Hearing and explained the new procedure. He also stated there will be Planning Commission discussion and another opportunity for public comment. Richard Nichols gave some general comments. The Animal Units and setbacks need to be addressed and also the clarity of the ordinance. He reviewed the voting record of the Feedlot Committee with over 86 votes being taken, out of those 85% were unanimous and 13 split votes. He felt this showed good agreement. The ordinance was based on what other communities are doing and was patterned on 7 or 8 County Ordinances. The issue on expanding existing livestock, this was re -visited by the Committee and the final vote was to take out the setbacks for expansion. The vote was unanimous. What the Ordinance is doing is setting up control for new feedlots. Mr. Nichols suggested that the language be cleaned up to clarify this. Mr. Nichols said he is not in favor of adoption of the current ordinance. Mr. Goenner suggested to first address definitions for a new feedlot and change of operation. If the intent is to keep a large operation from moving into Otsego, then he feels this could be controlled under existing operation versus new feedlot. Mr. Goenner submitted the Mower County Draft Ordinance (not adopted) (Exhibit A). He supported their definition of Feedlot - Expansion f. ii, pg. 36. When animal units will increase to where new buildings are needed for housing. An animal feedlot which has obtained a feedlot permit from the Feedlot Pollution Control Officer or MPCA, a minimum size of ten (10) animal units in shoreland areas and fifty (50) animal units in Planning Commission Meeting of April 17, 1996, cont'd. Page 2. other areas and can expand on contiguous land that the feedlot owner owns but the expansion must begin within 500 feet of the existing feedlot. An expansion that begins further than 500 feet from the existing feedlot would be considered a "new feedlot". Those feedlots without permits need to be permitted by the year 2000 to be considered an "existing feedlot". He felt this would fit with Item 4, Page 2, of our proposed Ordinance - Change in Operation and suggested to combine the two. Mr. Nichols suggested to include it in with the expansion and reflect back to change of operation. Mr. Goenner did not think it would fit under expansion. Mr. Nichols requested more discussion from Planning Commission and public before a vote. Mr. Goenner was concerned if the Planning Commission voted to recommend to turn down this draft the Council might not send it back to the Planning Commission for further review. The Chair suggested another motion asking the Council to send back to Planning Commission. Bruce Rask stated he thought the proposed ordinance is a good base but that it has a long way to go and would like more input from the public and then vote. Jim Kolles agreed the proposed ordinance has a lot of problems, especially with the setbacks, manure handling and where it can be spread. He feels there are restrictions tougher than the MPCA which he feels is not right. He also stated the State of MN should have more say than the City of Otsego. Ing Roskaft agreed to have more public input and then continue from there. Chair Swenson also agreed that the ordinance needs more work. The Chair brought discussion back for public comment and input. He asked that only new information is presented and to limit to three minutes. Jim Lefebvre, 70th Street His comment was that the ordinance is very flawed. His recommendation was to adopt the Wright County Feedlot Ordinance, which would be consistent and much more workable. Planning Commission Meeting of April 17, 1996, cont'd. Page 3. Ann Bentz, Packard Avenue She contacted Rice County, who adopted an Ordinance December, 1992. It has setbacks, handles manure odor and she feels it is laid out correctly. Mrs. Bentz contacted the Pork Producers and they sent her a copy of the Mower County Ordinance, which contains guides for land application and they encourage incorporation of manure. She submitted Exhibit B - Letter dated 4-12-96 by Ann Bentz, Pork Producers Letter dated April 8, 1996, draft copy of Rice County Feedlot Ordinance, Land Application of Manure Guidelines dated 8-95. Mark Berning 11800 80th Street He contacted Wright County on costs incurred for farm land versus residential or urban. He noted they did not have figures for Otsego. He submitted Exhibit C - Development in Wright County, The Revenue/Cost Relationship dated April 3, 1989. One of three examples he pointed out was for Farmington - for every tax dollar received from residential, Farmington spends $1.02 and for every tax dollar received from farmland, Farmington spends $.77. He also talked to Martin County and submitted their Feedlot Ordinance Amendment - Exhibit D - setback from corporate limits of a municipality is one-half (1/2) mile and one-quarter (1/4) mile from other residents. He pointed out this applies only to new feedlots. Mr. Berning also pointed they have no more restrictive pollution standards than the MPCA. Number 4 under 29.05 of this Ordinance reads that Feedlots shall not be located within one-half (1/2) mile of concentration of 10 dwelling units located on 20 or less acres. He asked the Planning Commission to consider using this. Also suggested using #7 and #8 referring to the quarter mile setback for new feedlots and existing feedlots less than 500 feet can expand but not closer to 500 feet. The last item #9, regarding CUP starting at 2,000 AU but isn't complaining with the 300 AU. Mr. Berning went over an existing feedlot in Martin County which has a 500 herd sow operation, taking into consideration the bores, farrowing - litters, hog weights etc., this operator would have an additional 1,350 AU leaving a total AU of 1,670, assuming this is one site, this is more than allowed. He talked to Pork Producers regarding a specific comment they made regarding manure is injected unless ground is frozen. Two Martin County people said that is false. The policy on manure handling is to promote environmentally safe manure application. Roger Bentz, Packard Avenue He received word that there was a lot of phone calling going on and he still stands that Martin County has incorporation of manure. He talked to Pork Producers and they said he didn't get all the information but they support setbacks by number of AU coming from MPCA. His operation is on six different sites, located in two different counties, nine miles between sites, four members of the family in on it. The one-half mile setback needs a permit and they have to go through the County for a variance and if anybody objects, it is turned down. Planning Commission Meeting of April 17, 1996, cont'd. Page 4. Greg Lefebvre. 70th Street He asked for Elaine Beatty to share her discussion with the Sherburne County and Wright County Extension people. Rice County is known to be the most restrictive ordinance in the State and right now they have a moratorium in place. He feels that the City of Otsego has bigger issues to deal with than this ordinance i.e. annexations, sewer and this is taking up to much of staff time and costs. He recommended to throw Rice County Ordinance away. John Holland Packard Avenue He questioned the way the Hearing is being handled with not a lot of discussion between the Planning Commission members. He asked if there will still be another chance for the public to reply after the PC discussion. He also said the proposed ordinances has weaknesses and loop holes. The Rice County Feedlot Ordinance is the one MPCA recommended to use as a model. He suggested reviewing pages 7 through 15 and use. John Holland submitted his letter as Exhibit E. Paul Berning, 99th Street He served on the Feedlot Committee. The initial intent was to keep it simple and after three (3) months he felt is was not accomplished. He recommends to keep this simple. Mr. Berning also recommended to follow the MPCA rules and deal with the setbacks. If the City is stricter, who will pay for it, enforce it and be educated. The Comprehensive Plan says his land will be farmland until 2020. He asked how many homes were built in 1994? He thought only a dozen. He would like to hear from other residents other than the ones living on Packard Avenue, especially residents living in the western side of the City. Ann Bentz Packard Avenue She said the moratorium in Rice County is only for feedlots over 500 AU. She compared the following statistics: RiceCounty Wrighto m v Population 49,000 70,971 Land Area 319,000 acres 424,387.9 acres Avg. Farm size 224 acres 180 acres No of farms in 1991 1,180 1,790 farms She submitted her information as Exhibit F. TonesBerning. 80th Street He recommended using the Wright County Ordinance, and come to a conclusion. Goody Goodin Rt" 2 Elk River He submitted his letter as Exhibit G. His concerns were that this ordinance will hinder the farmers from making a living and the City is sending a message that it is pro -development. Planning Commission Meeting of April 17, 1996, cont'd. Page 5. Steve Goenner. 7185 Nashua Av .n u . He had talked to Milton Palansky of Rice County about the draft ordinance, who said the Ordinance has been sitting on the table a long time because they are afraid of law suites. He asked to send this back to the Planning Commission for discussion. Richard Nichols comments were he would like to have time to review information. He doesn't feel Wright County Ordinance is workable. He would like to see Otsego in front of the problems instead of reacting to them. Wants to see structure for everyone to operate and for everyone to be good neighbors. Eugene Goenner shared his conversation he had with Don Hague today who denied that he said the Rice County Ordinance is good. Mr. Hague said he suggested reviewing it because it is the most restrictive and Rice County has a lot of rapid growth. Mr. Hague said he did not recommend it and felt is was not a workable ordinance. Elaine Beatty stated she talked to the Wright County Extension Agent. Sherburne and Wright County are willing to help out with the ordinance. Chair Swenson stated that it sounds like the Planning Commission opposes the Ordinance as it is written. Eugene Goenner asked if any City Council Members present would comment if they felt they would send the ordinance back to the Planning Commission. CM Fournier replied he is speaking for himself but he would support sending it back to the PC. CM Heidner replied he would rather see the PC deal with the setbacks and AU before sending it to the Council. Chair Swenson recommended setting up a workshop meeting for the purpose to address key issues and to come up with an ordinance that would be considered at the next regular meeting. Eugene Goenner motioned to set a Workshop Meeting with the Planning Commission, the Sherburne and Wright County Extension Agents and staff for Wednesday, April 24, 1996, 8 PM. Seconded by Ing Roskaft. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: Chair Swenson said the workshop meeting would be open to the public but would not take public input. The Planning Commission agreed with this. Richard Nichols motioned to start the Workshop Meeting at 7:30 PM in order of completing sooner. Eugene Goenner seconded. All in favor. Motion carried. Planning Commission Meeting of April 17, 1996, cont'd. Page 6. Eugene Goenner motioned to continue the Public Hearing to May 1, 19%, 8 PM. Seconded by Richard Nichols. All in favor. Motion carried. Ing Roskaft motioned to adjourn the meeting. Seconded by Bruce Rask. All in favor. Motion carried. Bruce Rask, Secre y Recorded by: Judy Hudson