e e e e e e e e e e
e e e e e e e e e e it is 7 o'clock we have a quorum I'd
like to call the meeting to order everybody please um sign in if you need and take your seats um R has been taken we have a quorum hopefully everyone has had a
chance to peruse the agenda if so I'd look for a motion to approve the agenda as printed I'll make that motion motion by Kurt second second by Sebastian any discussion hearing none all those in
favor say I I opposed motion is carried approval of minutes from the January meeting anybody have any additions or Corrections hearing none look for motion to approve motion to approve motion by
Kurt second second by Sebastian um any discussion all those in favor say I I I opposed motion is carried minutes are approved is there anyone in the audience that wishes to speak on something that is not
on the agenda is there anyone in the audience that wishes to speak on something that is not on the agenda one more time anybody in the audience that wishes to speak on something that is not on the agenda okay hearing none we move on to
the next Matt we have some people do we have people online it appears that we do yeah Mr chair just uh Kent Severson from Clay County and uh Darren Brook from Clay County okay thank
you okay first item on the agenda uh is the Clay County Land Development code update look for a motion to open the public hearing so moved second motion made by Sebastian
second and Mt all those in favor say I I I motion is carried meeting is hearing is open Matt yeah thank you Mr chair I just wanted to uh provide another um input opportunity for uh
citizens residents any um one who would be interested from the public in providing input on our Land Development ordinance update uh you know we are kind of at the end stage of this upate date that was started back in April of 2023 so almost two years ago uh we do have a
full draft that is available it is on the website I can go to that right now just so everyone knows where it is so we have all the the draft chapters here um online and available for public input
and comment I know my understanding is that the Planning Commission will be kind of hearing the full draft at the March 18th meeting and from there making a decision on whether or not to recommend it to the
the Board of Commissioners for adoption Board of Commissioners would likely hold uh at least two public hearings is my um understanding on the ordinance uh in likely in April and so that's kind of where we're at with
that any questions for me at all the board did have a work group session on the ordinance and we did get some good comments there and then um County staff uh who have some role or
responsibilities as prescribed in the ordinance did also meet on that as well um and also got some good feedback there as well i' like to thank Matt and all the Commissioners that were part of the
group working on this it's been a long process and there's some really well- needed changes clarifications in that anyone have anything further for Matt
hearing none look for a motion to close the public hearing offord motion by Jenny second second by Kurt any discussion hearing none all those in favor say I I opposed motion is
carried okay next item on the agenda is the Red River Valley Co-op power petition for resoning look for a motion to open the public hearing offer motion by Jenny second second by
Sebastian any discussion hearing none all those in favor say I I opposed motion is carried public hearing is open thank you Matt thank you Mr chair so the applicant is petitioning to rezone a parcel ID
23034 Z400 it's owned by oberg LLC it's in part of the north half of the Northeast quarter of section 34 Township 140 range 48 oakport Township uh moving that from agricultural General Urban expansion District tier 2 to Highway
commercial and so here's the location of that parcel it's at the south east corner of County State Highway 18 and 34th Street it's uh just north of the County resource recovery center in the DMV um
right on the on the corner there the Zoning for this parcel currently the base zoning district is agricultural General the overlay zoning district is urban expansion District tier 2 um that Urban expansion District essentially is
the is within the city of dillworth extr territorial area so as the city grows um and expands this zoning district is in in place to kind of um help guide that that future development and growth so the request here is to rezone
the property from agricultural General and that Urban expansion District tier 2 to Highway commercial uh the property is agricultural um there aren't any structures on the property the portion of the property
that would be is in this petition it's it's this West section here you can see it more on this um plat approximately 20 acres um is prime Farmland the crop equivalency rating is
72 uh there aren't any Wetlands according to the National Wetland inventory on the property so going into the project proposal so this would be kind of two um entities the first being the Rural Electric Supply Cooperative or Resco
they're a Midwestern an electric supply cooperative and they sell products to utilities they are looking to build a 40 to 60,000 ft distribution warehouse um on lot one block one which is approximately 15 Acres of of the the
plat and that's is just kind of an example of what that might look like so it' be a pre-cast building uh 40 to 60,000 Square ft estimated building cost of 12 to 15 million they'd be looking at building this facility in
2026 and they'd have office space to accommodate up to 30 employees and on the other uh lot of the the subdivision is the Red River Valley Co-op power and they're a local electri distribution cooperative and they
provide uh Power to uh significant portion of Clay County they've done so for a long time they're looking to build a 10 to 12,000 foot service center uh on approximately 5 acre lot and with that they'd have a pre-cast
building with um an office and Shop uh to house their trucks and Associated equipment looking at office space to accommodate 5 to seven employees and looking at sometime in 2026 to 2028 just going to go through the highway commercial standards um minimum
lot size is basically basically as big as the use would uh as necessary for the use um you need to have at least 100 ft of public RightWay uh setbacks uh there's a 50 foot front yard setback um a rear yard setback of 40
feet and then in this case there would be a 30 foot side Lot setback and uh there are lot coverage regulations um so 30% of the lot area uh shall be occupied no more than 30% be occupied by
buildings um and then uh it does have to have access to a um public right of way as well uh the subdivision information so because this property is located in the city of dilor extr territorial area they
have the subdivision jurisdiction and um the county though has zoning jurisdiction so there's kind of dual land use jurisdictions um in this
ET area in on February 5th of this year the dillworth Planning Commission did recommend approval of the preliminary plat uh for this subdivision The Cooperative energy subdivision and then the DOR city council did approve the
preliminary plat with some conditions at their February 10th meeting uh those conditions would be that a 20ft utility easement is established um roadway accesses are designed in place for adequate distances for future Street intersections and
they'd be in conformance with city of Morehead and Clay County access regulations um that the developer enters into an agreement with the city of Dilworth for future extension of of utilities and then that you also have a
chance to review the proposed P proposed plat which was in your in your packet and provide any comments on that as well how this request relates to uh our comprehensive and transportation plan we
have a goal to encourage commercial and Industrial Development that is in harmony with the Agricultural and Rural character of Lay County Clay County um the property is in the growth area of the city of Dilworth it's near several um existing industrial uses also residential uses uh the city does
Envision kind of a commercial like Corridor along this east side of 34 Street so moving from kind of a um light industrial and as you go south along 34 Street going to commercial uh and then
maybe some some residential as well if I have that correctly we also have an objective to promote value added egg and Commercial Industrial Development um along Transportation Corridor and hubs so this is on uh County stated Highway 18 the
traffic counts for that I was able to find from the state uh for Casa 18 were from 2021 and they were seeing average annual daily traffic of about 2600 cars uh and then 34th Street was about 1,600
cars I would say these numbers are likely higher in in 2025 and I don't know if our County engineer has any higher numbers than that but you probably not k uh and then we do have uh uh objective
to avoid or mitigate against commercial Industrial Development that incre increases the potential for land use conflicts with rural residential or egg uses so there are Residential Properties that are within a half mile of this proposed rezoning um but many of the adjacent and
nearby properties are agricultural institutional and institutional being like the Clay County um the DMV the withdrawal management detox uh Center and then the um resource recovery center as well just down the
street any questions for me at all U I have a question Matt so they're allowed to build on 30% or of the property what is on the remaining 70% so that could be in Highway
commercial um it probably be Landscaping um parking lot things like that uh this a development like this will probably need some construction storm water features as well as required by the state um otherwise I would I you know
I'll let the applicant speak to you but I would imagine a lot of it would be just open space that was my question how much um impervious yeah B should be on that yeah and any any um
thing over an acre would require a construction storm water permit from the state um and then any finished impervious that would be over that to would would require some permanent storm water
um mitigation best management practices that's the phrase I'm looking for he does anybody else have any questions for Matt if the applicant is President is present would uh you like
to state your name and your proposal please yep uh good evening commission thank you Matt uh my name is Rich whitcom with Red River Valley Co-op power I'm the CEO good evening I'm Chris Peterson I'm the regional vice president of rur
Electric Supply Cooperative DVA Resco so we're we're two cooperatives we have a long-standing relationship not for-profit member owned I think um um many in Klay County know who we are and uh um we're looking at this property for
red River's perspective to continue providing High uh service to Klay County and this would allow us to do that for our linemen and and for future growth in the county anybody have any questions for him thank you thanks for the application
I know we talked about an application from your company I think a couple years ago I'm not going to go into that but I appreciate uh your tenacity and we're back and trying to find additional ways uh you know in a lot of the different uh committees and tables that I sit around
with these meetings we talk a lot about the power that's available in the county and how making sure one we have Rel able power but how we have an infrastructure that could potentially support bringing more power to the region because I know sometimes that's uh that's tricky
particularly with bigger companies so um not necessarily a question but just more of a thanks for your service to the citizens of Clay County and thanks for being creative and figuring out ways to um bolster your presence I I really do lean into the council member from Dorth
too I think it makes a lot of sense for us to support something that the city of Dorth also supports yeah we're uh we're looking forward to working with Dorth and and hopefully all goes well anybody have any comments or questions for Mr Peterson not a question but um I
just I think Matt's been in con conversation with City staff today maybe even I just confirmed just before I got here that they're totally fine with the conditions that Matt read through and your proposal as it was stated and
passed at the planning and at the city council level so we're on board with with your plans thank you is there anyone in the audience that wishes to speak on this matter please come up to
the podium and state your name yeah hi my name is Kathy Byers 4062 28th Avenue North Morehead just like to speak for myself and other residents who move to a rural area to be in a rural area instead of seeing development near where
they live um I know Rea has a facility right on Highway 75 and I'm wondering why they can't EXP span their area over there which is 2 or three miles from the area they're looking at and just voice my opinion for
wanting to live in a rural area without development thank you is there anyone else in the audience that wishes to speak for or against we have someone online that wishes to speak
uh bill or Kathy are you there oh yeah that was that was okay yep sorry I just assumed it was an online thing because it okay thank you one more time is there
anyone in the audience that wishes to speak for or against anybody else have any questions for Matt hearing none would look for a motion to close the public hearing so moved motion motion by
Sebastian second by Kurt any further discussion hearing none all those in favor say I I I opposed motion is carried okay now it's time for the findings of fact
and uh Mr chair and Commissioners I do have the findings up on the screen um again have drafted drafted these findings that um based on the information that we had uh prior to to the hearing so if you there's anything
that you would see need to change at all um they're your findings so do what you will with them would you like me to read from the screen or the abbreviated version that's I think the abbreviated version is fine unless
there's any discussion um from anyone at all okay um number one encourage commercial and Industrial Development that is in harmony with the Agricultural and Rural character of of Clay County Mr
chair I was looking at the uh the findings for the for the rezoning the I'm in the wrong area here so there's two and then yeah okay effects of
use okay effects of use in granting an interm use the Planning Commission shall consider the effects of the proposed use upon the health safety morals and general welfare of occupants and of surrounding lands existing and anticipated land uses traffic conditions
including parking facilities on adjacent streets and lands and the effect on agricultural usage and values of property Scenic views in the surrounding areas and the effect on the proposed use of existing comprehensive plans
use and enjoyment of other property the interm use will not be injured chair are you reading the zoning Amendment findings a fact um that's what that's apparently maybe I should look at the
big sheet here in figer print yes now I have it yeah and that first one is the same okay so we can go right down okay additional findings in addition the Planning Commission shall make the following findings among others where applicable
the development authorized by the resoning will not create an excessive burden on a public facilities utilities which serve or proposed to serve in the area staff has written there was will not be any immediate New Impact to the
public facilities or utilities um and the developer would need to enter agreement with the city of Dorth to facilitate City utility connection second item on this the resoning is reasonably related to the overall needs of the county and to the
existing land use and staff has a sentence in here that the resoning would be consistent with the surrounding land use and future growth and development of the city of dillworth consistency with ordinance the resoning is consistent with the purpose
of this ordinance and the purposes of the of the zoning District in which the applicant seeks classification and the proposed use does meet everything um in the highway commercials District
conflict with Comprehensive plan the resoning is not in conflict with the comprehensive plans of any Township city of the county or the county land use plan City of dillworth Oak oakport
Township and the City of Morehead already have uh there's agreements in place for this and covered there prematurely stimulate public investment in utilities the resoning will not individually or
cumulatively stimulate premature public investment in the facilities and utilities described in subsection d. 2.a of the section it would not city of dillworth has
given it its uh [Music] approval so looking for any discussion or emotion go back up here let's look at so
Mr chair if you were to make a um motion recommended motion the staff's recommend recomend motion it would be um recommending approval to the Board of Commissioners um but only for the
subject property described in The Cooperative energy Subdivision plat so it wouldn't be the entire parcel it would just be that 20 acres in the plat I think that's an important distinction we'll need to make so the remainder of the parcel
would be in that Urban expansion District tier 2 and agricultural General now is there a so there are no board or staff recommendations it's just we are to look at and discuss and move this to the full
commissioner board yep it would have to go to the full Board of Commissioners for approval do you want those conditions that the city of Dorth put in there you certainly could if you um but those are more related to the
plat it's self I think if you as a Planning Commission had any comments on the plat that you would like to see um then you could certainly P have a separate motion to uh
send those comments to the city of Dilworth otherwise if if um you were to just make a recommendation for the resoning um I think I in talking with City staff that that would suffice as as comments for the plat and the city would
have their own y agreement with developer yep that's fine okay any further questions comments hearing none look for a motion to approve or not approve
sending this to the Board of Commissioners I'll make a motion move to recommend the approval of the resoning of the portion of the subject property described in The Cooperative energy Subdivision plat from agicultural General Urban expansion District tier 2
to Highway commercial to the Clay County Board of Commissioners okay we have a motion made by Mr Sten Mr chairman I'm just going to let you know I'll be abstaining from this vote second and Seb best and a second by
Sebastian any further discussion please note that Kurt stubstad has um recused himself from this vote does that work okay thank you hearing no further
discussion all those in favor say I I opposed motion is carried share votes I that need to be said um the petition is moved
to the County Board of commissions thank you next order of business is Trenton and Jennifer Evenson request for interm use home occupation permit look for a motion to open the public
hearing I'll make that motion motion by Kurt stad second second by Sebastian all those in favor say I I opposed motion is carried public hearing is open Matt
thank you Mr chair this is a request for an inter Muse permit for home occupation for a bed and breakfast uh this property is zoned agricultural General and the surrounding properties are also zoned agricultural General uh this type of permit is allowed in the zoning District if it
meets minimum requirements uh it's on the east side of 60th Street uh one and half miles north of County State a Highway 34 and One Mile West of County State a Highway 11 so there are residents six egg buildings and Seven Grain bins on the
property so the request is to operate a rural bed and breakfast um out of the renovated egg buildings on the property so mainly this building right here um there'd be a four bedroom two B guest suite and then
converted steel grain bins that can also accommodate two to four guests so totally total you could have 22 guests staying at one time there would be on-site amenities we open year round for bookings um they did do a market analysis
and used a three and a half day stay for that um but didn't say whether they'd limit uh the length of their stay at all so uh public lodging EST establishments do need to be licensed um before they
can operate and then any um remodeling of existing establishments does require a plan review um just to make sure that there's appropriate egress Ingress spacing needs there might be additional there need for an additional septic for the added buildings in the renovated egg
buildings or added bedrooms um so it have to meet Clay County Environmental Health requirements the applicant has been um in touch probably over the past eight or nine months with planning staff and then also with our environmental health director Kent
Severson and also they would need to have a safe and adequate supply of water for each of um these Suites so it have to be um essentially tested for all the
Arsenic um eoli bacteria um and all all the other contaminants can I ask a question yes please uh folks that put their properties on like a VRBO are they subject to
those um yeah lier yes yep this one is um the difference here being that the we do have Provisions for a bed and breakfast but it be operated out of the primary
dwelling on a property um so the this is a home occupation essentially because unlike a lot of vbos or airbnbs where the person might not live on the property the in this case the um the applicants and the the business owners
would live on the property um so we have received complaints from other neighbors in the vi vicinity just with oders from um just a nearby industrial or agricultural use um so not sure if the applicant's
property has experienced that at all uh we also have not received any public comment for this request and the township has not provided any comment I believe that the um um stemming from this um I want to say
it's this facility down here uh the Felton beat piler and I they're working on with the state on addressing those those issues so this request how it relates to our comp comprehens of plan we have a
goal to maximize the potential of Clay County as a thriving Center for agricultural business Recreation while maintaining enhancing its livability and that home occupations that follow the regulations of our County do provide for Unique opportunities for residents to live and work in the county and home
occupations have the potential to enhance both the economy and livability of Clay County we have a land use goal to establish a comprehensive growth management strategy that promotes order and efficient grow orderly and efficient growth of residential commercial Industrial Development while preserving
the County's rural character uh and they in in this case it it would do that um and then we have a plan for a goal to plan land uses and Implement standards to minimize land use conflicts so and home occupations that meet our code should not contribute to land use
conflicts any questions for me on this request at all kind of an interesting business plan okay anybody else have any questions or comments for Matt hearing none if the applicant is
present would they like to come up to the podium introduce yourselves and speak hi I'm Trenton Evenson this is my wife Jennifer Evenson um we live on the property and um a couple years ago my
daughter got married at a local wedding venue and they there's no place to stay out there they have to travel 50 minutes to get into Fargo uh and after a wedding you know how people can sometimes be uh
and so we started looking around we found this Farmstead and we both grew up in the country and wanted to live out there but this also provided a lot of opportunities for us to provide a service in the community of uh of having
a place to stay uh and we'd also like to do Retreats out there for uh and just building up the local community out there we have a large family of our own we have eight children and so when it there's really nowhere to you know do
anything so that was another reason for you know having a a place because with eight children and four grandchildren um we just wanted to have a nice place where families could get together and you know have somewhere to be we don't have there's nowhere to do that this in
this community so if we would go to a hotel system we would have to get it minimal four or five rooms ourselves and you're staying at a pool or something like that where this we're providing a family or whoever can come out and stay
out there and run around the the grass areas we have and just like I said we grew up being uh on the country and it just being able to be in the fresh air and see the the stars
that are so bright out there and then the peace and quiet well I appreciate you guys making this effort and according to Matt you've been in contact with the needed County people to know that you know there are some significant Hoops to jump through
regarding you know sanitation water yep and we've we've talked to all those people and getting that all fixed when we bought it it wasn't fixed we fixing in now well that was separate piece does
anyone Mr Sten uh to the even since I envy you living in the country I really do um haven't grown up in the country the farm it's it's uh something I understand how you what you just stated the part I was
wondering about it doesn't reference you but talking about the odors in that area U unaware of the applicant's property is that something that's going to be an issue I mean but I'm I'm sure you've figured it out already or talked about
it yeah it's from the Felton Beat piler It we do on certain days we're Northwest west of the piler so we do get a little bit of smell out there but really we're not in a direction that the wind carries a lot up there a lot of the time so tell
the people it's a smell of money someone else's money well and unfortunately to us it's just one of those things because we understand but uh as Matt had said they have a lagoon and I think that's their biggest problem
and it sounds like they're doing something to fix that good thank you I grew up the son of a beat farmer so yeah anyone else thank you very much thank you is there anyone in the audience that
wishes to speak on this matter uh please um come to the podium and state your name and speak your peace hi I'm Tim DED um we're the owners of the land around the property I don't
have a problem with the property I'm worried about 247 farming during the Spring and the fall it's going to be noisy very noisy lot of lights you know um also there's a Grove
of trees that's not on your property um we're just a little worried that if somebody goes out there and gets hurt we don't want that either okay um sir please your speak to us okay all right no back and forth okay um
those are my main issues the the lights the noise in the spring and the fall farmer Farms 247 during beat Harvest he's digging Non-Stop and the Farmland is 30 ft away from the
building um like I said we have a Grove of trees there that's our prop still our property not theirs uh I don't want anybody to go in there and get hurt just for safety purposes those are really all my concerns I'm just trying to document
what I feel could be an issue so Mr chair um just cons regarding that the the first concern um we do in Minnesota have the right to farm laws uh in in place that would would protect the surrounding um land owners during
their agricultural operations um they're not considered a nuisance um and we do have that in our our comprehensive plan as well and and in our our county code you anyone else in the
audience wish to speak on this matter one more time anyone in the audience or online wish to speak hearing none look for a motion to close the public hearing I'll make that motion motion by
Kurt stubstad second second by the other Kurt can never see his name um any further discussion hearing none all those in favor say I I opposed public hearing is closed
okay effective use in granting an interm use to Planning Commission shall consider the effect of the proposed use upon the health safety morals and general welfare of occupants of surrounding lands existing and anticipated land uses traffic conditions
including parking facilities on adjacent streets and land and the effect on agricultural usage and values of property and Scenic views in the surrounding areas and the effects of the proposed use on existing comprehensive
plans use of enjoyment and of other property the interm use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted and not substantially diminish or impair
property values within the immediate vicinity development of surrounding property the establishment of the interm use will not impede the normal and orderly development and Improvement of surrounding bacon uses predominant in the
area utilities access roads drainage off street parking and loading spaces adequate measures will have been have been or will be taken to provide utilities access roads drainage and off street parking and loading
spaces nuisance conditions adequate measures have been or will be taken to prevent or control offensive odor fumes dust noise vibration water pollution and soil erosion so that none of these will constitute a nuisance and to control
lighted signs or other lights in such manner that no disturbance to neighboring properties will result burden on public services the use will not create an excessive burden on Parks schools streets water supply sanitary
sewers storm sewers and other public facilities or utilities which serve are proposed to serve the area compatibility the use will be sufficiently compatible are separated by distance or screening from adjacent
agriculturally zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to agricultural use of said land appearance and structures in site the structure in site shall have an appearance that will not have an adverse
effect on adjacent Residential Properties relationship to overall needs the use is in the opinion of the Planning Commission reasonably related to the overall needs of the district and to the existing land use in the flood
plane areas the proof that the location is necessary for facility operation and that alternative sites not susceptible to flooding are not available consistency with ordinance the use is consistent with the purposes of
this ordinance and the purposes of the zoning District in which the applicant intends to locate the proposed use conflict with Comprehensive plans the use is not in conflict with the comprehensive plan if any of the township city or
county traffic hazards theuse will not cause traffic hazards congestion and in the flood plane areas has access during flooding for ordinary and and emergency vehicles existing businesses existing
businesses will not be adversely affected because curtailment of customer trade rought by the intrusion of noise glare or general unsightliness hey staff has eight conditions up and the uh applicant has
been in contact with the appropriate clay Colony offices and Authority prior to this so there shouldn't be any surprises um the applicant growing up in
a farm family himself I believe understands that you know with sometimes there'll be some noise involved and with the beat piler yep there'll be some trucks and there may be some smell and
um and that you'll have to respect property lines um I think this is a good something that is needed especially in the rural area anybody have any comments or
additions commissioner Sten M and Mr chair uh the even since referenced it's probably good to make sure they are totally aware of it they referenced a retreat center that would create a whole
new com to comply with that you I mean this is for one specific purpose of basically spending the night correct Retreat Center would involve a whole different process and restrictions and requirements
correct uh yeah Mr chair and commissioner Sten we do have separate requirements for retreat center that's not to say that they can't have their own kind of events or things that are part of the the stay I guess um but when
you think of like a retreat center like a wedding venue or something like that um yes we do have different different standards for that I'm not exactly sure what they were referencing but I guess it's so they know that going in that yeah they might have to come before us
again but if there are different if there are activities just for for guests yeah that would be appropriate I think the guest would be thrilled to have beet trucks and beat Harvesters out there when they're there if they're from the city they'll think it's cool
so um Mr chair I just with this being an interim use um we would need to just make sure that the applicant is would agree to these conditions okay has the applicant had chance to
look at these for now or do they need to just as they've been presented okay has the applicant reprove uh reviewed and able to operate if the
permission is granted to operate within those these eight okay thank you okay hearing uh no further questions or um conditions look for motion to approve
or disapprove the interm use permit I'll make a mtion one eight conditions with one through eight second motion by Kurt seconded by Kurt um any further discussion hearing none all those in
favor say I I I opposed motion is carried inter term use permit is granted thank you okay next on the list is RJ zaval and Sons an internal use renewal request for
a temporary asphalt plant look for motion to approve or to open the public hearing so moved motion by Sebastian second second by
Kurt all those in favor say I I opposed motion is carried public hearing is open thank you Matt thank you Mr chair yes this is a request for an inter Muse permit for a temporary placement of an asphalt batch
plant uh this is a property that is zoned agricultural General and resource protection aggregate this is uh this proposed use of land for mining um is allowed in these districts as well as asphalt batch plants are allowed as an
interim use this is an 80 acre parcel uh in Hagen Township uh just on the west side of um County Road 27 and north of Casa County State a Highway 34 it's currently uh uh
gravel mine so this property does have an extensive uh permit history from the county uh dating back ranging back to 2010 there was a conditional use permit granted for an asphalt batch plant and then also a conditional use permit for a
20 acre mining operation that was given to a mindak in 2017 there was a interim use permit for 39 and a half acre gravel mining operation uh that was granted to Alexandria Gravel Products in 2018 there was also an interim use permit for a
batch plant for Alexandria Alexandria Gravel Products and in 2019 an interim use permit was granted for a uh batch plant and for a 39 half acre gravel mining operation as well uh
in 2019 RJ zaveral uh was granted the iup for the batch plant and Alexandria Alexandria Gravel Products for the mining operation in 2020 there was also an interim use permit granted for an
asphalt batch plant um I should note that these aren't different batch plants they're all the same batch plants so we don't have multiple batch plants operating off of this property it's just the one and then in 2021 there was an interim use permit for a gravel mining
operation so the request is a five-year extension to the iup that was granted in 2020 the current per permit expires on the 25th of this year of this month um it's cited near the center the B plant is cited uh near the center of the mine
does appear to meet the setbacks uh applicant does intend to maintain Hall Roads and control for dust uh the proposed hours of operation are Monday through Saturday 6:00 a.m. to 8:00 p.m. and that primary hall route would be South on County Road 27 and
then EAS or west on County State at Highway 34 there are five properties along that Hall Road as well um there have been just a number of complaints since 2019 should note um and this is with regards to the batch plant
not the gravel mine so this is the batch plant uh older and dust seem to be the primary drivers of those complaints the older issues could potentially be mitigated using like a perfume or an additive um or a misters in the
stacks uh hauling complaints have reduced over time there have been some complaints about the Imp of dust control on vehicles um dust that's originating fugitive dust from the pit has been an
issue um a lot of this is especially apparent on high wind days so there should be dust control measures in the pit uh especially when their the batch plan is running uh and uh the applicant has stated that they'd be willing to maybe
suspend or reduce some operations on high wind days if possible um there have been issues between just with dogs and other um employee employees dogs so dogs and other pets should be either banned on site or
controlled um and then the property across the street is owned by Edward Mars he does have an interim use permit um for up to think five campers to house workers temporarily um who work at this at this
uh site uh that's we've had some some complaints about additional campers on the property with that has the batch plan as well and so any workers who are
staying in the area should like should stay on the Mars Property um with the exception of maybe one on-site employee just for security and and pit and plant management purposes uh the township did hear an update from
the applicant at their February 10th meeting they didn't act on any permit remal request at that time they're working to update their their Township ordinance zoning ordinance and so they're hoping to hear that at their March meeting uh how this request relates to
our comprehensive Transportation plan goals and objectives we have a goal to encourage commercial Industrial Development that is in harmony with the egg and R character of Clay County batch plants are Industrial in nature they're not necessarily in harmony with the egg and Rural character of the county they
are essential for improving and maintaining our paved roadways uh within the county um they are temporary and Project based and past Plan history at this location suggests like a four to six weeks operational time throughout
the the summer months or the construction season uh the we have a objective to avoid or mitigate against commercial industrial development in near environmentally sensitive areas so this is in an existing Gravel Pit um the hall routes are adjacent to Prime
wildlife habitat and land that we have zoned resource protection biological protection so if possible water should be used for dust control and truck speed should be kept to a minimum just to keep the Dust uh on the road then we have a objective to avoid
or mitigate against commercial or Industrial Development that increases the potential for land use conflicts with rural residential or agricultural uses uh just by their nature batch plants are associated with noise and odor so equipment should be maintained and muffled uh potentially construct BMS
just to mitigate noise and visual impacts uh they do have an air permit from the Minnesota Pollution Control agency uh the prevailing winds in this location are from the southeast to Northwest and there are residents that are directly downwind at least a/
quarter mile of that badge plant and there are also residents along the Hall Road as well so um odor abatement dust control and reasonable op operating hour should be in place to mitigate some of these conflicts potential conflicts any questions for me at
all um so do you still anticipate a six to eight week out of a eight or nine month construction that would be a good question for the applicant what their their what it looks like for them this this
season is the operation hours correct on there six to eight that was from their that's their requested hours yeah don't we have different hours that we've done with every other with pits we've done yeah 7 to S Monday through Friday and then hauling on on Saturdays wonder if
we should maintain continuity that way pull up their in yeah conditions anyone else have anything any further questions for Matt mat Mr chair when it talks [Music]
about the uh Township heard an update at the February 10th meeting did not act on a permit working on Township ordinance I'm always look confused when
the the most the the township jurisdiction has restrictions that might conflict with ours does that create any issues I mean it's the permit application is expected to be heard at their March meeting uh should one come before the
other uh Mr chair and commissioner St not necessarily CU they are too independent permits we do like to um in an Ideal World they would be match closely but uh in this case um
with hegen Township also being a zoning Authority um that can be more restrictive than the county um if they put any if they Grant a permit and they put conditions on that permit the more restrictive conditions would apply in
that case so they would be following the Hagen Township permit so if we put operating hours of 247 365 for example and hag and
Township said no 7:00 am. to 7:00 p.m. Monday through Friday Saturday hauling only or um they would have to follow the Hagen Township good
enough the previous permit was um I'm just have I can pull up the previous permit here just so you can see the conditions so they did have P um 6:00 a.m. to 8:00 p.m. Monday through Saturday on their previous permit from
2020 thank you and I know too just with badge plants just um with hours of operation uh they can differ a little bit than like say your gravel mining operation just because are very job
dependent um Can impact the um amount of time that an asphalt batch plant is on location and can also impact um the the the job itself and and the length of of that job time time and and
costs to your knowledge has there been any violations of the air permit by the state not to my knowledge no he if nobody else has any comments or questions I'd like ask the applicant to
come forward and state your name and your case please uh Jeff Rooks aggregate manager RJ zabil and Sons um so like B stated we've uh we have some history uh in the U in the
township um we are the third probably contractor that's held a permit uh on the property I know there's been some uh there was some issues with the Hall Road um when before us uh I believe
we've uh at least alleviated most of it as far as dust control and uh blading uh I know I I've spoke with the county um superintendent Kim Carpenter about it and he's he does uh he gave me a little bit
of a compliment anyways compared to to the other contractors um that are working in the the county that we've done a pretty good job of of keeping the uh the road passable um at the township meeting earlier this year um on the 10th
actually last week um it was stated that there was a few neighbors that were um were getting a little bit U getting the smell of the asphalt plant so we have looked into a uh a perfume system um and
what it would cost the costs are not a problem for us but we're uh basically doing a study on um you know toxicity of of what we're putting in there we want to make sure that we're not you know we're doing the right thing um
and U we're going to try to try to uh accommodate everyone um and our surrounding neighbors as well as we can um with uh with their issues of what we have going on we're we're uh you know
we're out here just trying to trying to serice you know do trying to work I guess and U we're trying to do our best and make every all our neighbors um they're not going to like it I guess but they're you know at
least I guess tolerable when we're around um as far as the length for this year we're looking if anything it's going to be 3 to five weeks we don't have any work out of there right now but um the bidding season is ongoing so um I
don't see an asphalt plant being there longer than 5 weeks if we do get something it's probably going to be uh a 3-week period for this season um Matt had mentioned something about some loose dog
complaints so we had a uh yeah there was a uh a it was a subcontractor that was taking material out of the water that we had hired um one of their employees had a had a dog running running around and
killed some of Josh's I I don't know if they killed him did they kill him yeah they got into some of his chickens so that was yeah not good so yes that was uh that was an issue and that you guys
have taking care of that internally correct okay anyone else have any questions comments thank you anyone in the audience wish to
speak for or against um if so please come to the podium and state your name thank you Mr chair uh Josh Carlson that Mr Brooks had just referenced couldn't get my pen to use or couldn't get my pen to work on my knee real quick
so I just jot it down on my phone uh um you know we I I was here a year ago talked a little bit about the pit um I think today specifically with the asphalt plant I I come to you as a father uh I have a 2-year-old son uh he was a preey baby so he has uh underdeveloped lungs uh so he's got
chronic health issues that way uh actually right now he's at home with pneumonia so uh unfortunately it's one of those things that I need to I need to advocate for my son and that's really why I'm here today um at the annual meeting last year uh the township uh members that did go to that meeting did discuss quite a bit about the asphalt
plant and they you know there was a majority of the the members in our Township that disagreed with having the asphalt plant um and in the last 12 months we've looked at having um a lawyer look at uh different revisions um you know obviously Mr syy had talked a little bit about uh some confusion at
that part um right now there's basically they tabled uh the position um for a vote because uh one of the members has a family member that might be directly impacted financially uh from the situation with a near by store so it's not like it's anything nefarious whatsoever so uh they didn't feel
comfortable making a vote last uh in on in February um sorry not used to talking in front of a lot of people like this um so I just want to bring up one point I came to my attention that a a zal's
crew did uh look at going to a different pit and that was not allowed because of a butterfly um so I bring that up because um the state or the EPA makes restrictions to make sure we protect a butterfly well I have a 2-year-old son I'm just here to advocate for him um so
just looking for some protections for him um and lastly I just I guess I was I was curious uh and I know this isn't supposed to be a dialogue Mr chair but when you say fiveyear if you could expand on that whatsoever I wasn't sure if this is supposed to be a one-year interim uh year use permit or if it was
going to be a five-year I'd appreciate any kind of clarity there whatsoever um but thank you for your time I appreciate the permit request is for a fiveyear extend mention thank you for your time thank you anybody else hand any questions for
Josh okay anyone else in the audience wish to speak on this matter anyone else in the audience wish to speak on this matter hearing none look for a motion to close the public hearing so moved motion by Sebastian
second second by Third all those in favor say I I I opposed motion is carried public hearing is closed okay time for the findings of fact the effective of
use in granting an interm use the Planning Commission shall consider the effect of the proposed use upon the health safety morals General Welfare of occupants of surrounding lands existing and anticipated land uses traffic
conditions including parking facilities on adjacent streets and land and the effect on agricultural usage and values of property and Scenic views in the surrounding areas and the effect of the proposed use on EX existing comprehensive
plan would this be T I guess I didn't catch where the F talking about the Nuance where is the fellow that spoke where does he live in relationship to this batch plat can you directly to the north directly like how far just the residence is probably about just over a
th000 feet from the got it okay thank you okay and uh so staff in this notes has are anticipated 4 to 6 weeks um as he stated there he's anticipating 3 to 5 weeks however there are no they're bidding but there are no
projects currently projected to come out of there use and enjoyment of other property the interm use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted and not substantially diminish or impair
property values within the immediate vicinity um say that the use is temporary and it will impact development of surrounding property the establishment of the interm use will not impede the normal and
orderly development and Improvement of surrounding vacant property for uses predominant in the area um nothing else can be built ly um utilities Access Road drainage off street parking and loading spaces
adequate measures have been or will be taken to provide utilities access roads drainage off street parking and loading spaces um and any staging of trucks must occur within the pit and not on County Road
27 Nuance conditions adequate measures have been or will be taken to prevent or control offensive odor fumes dust noise vibration water pollution and soil erosions so that none of these will constitute a nuisance and to control
lighted signs or other lights in such a manner that no distance to certain neighboring properties will result burden on public services the use will not create an excessive burden on Parks schools streets water suppli
sanitary sewers storm sewers and other public facilities or utilities which serve are proposed to serve in the area um operator has a history of maintaining the Hall Road so that will hopefully continue
compatibility the use will be sufficiently compatible or separated by distance or screening from adjacent agriculturally zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to
agricultural use of said land property currently meets all the setbacks appearance of structure in sight the structure in site shall have an appearance that will not have an adverse effect upon adjacent res
Residential Properties they can put it far enough back in the pits so it is nobody can see it or visibility is minimal relationship to overall needs the use is in the opinion of the Planning Commission
reasonably related to the overall needs of the district and to the existing land use in the case of the flood plane areas the proof that the location is necessary for facility operation and that alter alternative sites not suceptible to
flooding are not available consistency with ordinance the use is consistent with the purposes of this ordinance and the purposes of the zoning District in which the applicant intends to locate the proposed use conflict with Comprehensive plans
the use is not in conflict with the comprehensive plan if any of the township city or county traffic hazards congestion in flood plane area the use will not cause traffic hazards congestion or congestion in flood plane areas has access during
flooding for ordinary and emergency vehicles um yes it will temporarily increase truck traffic um above and beyond what comes out of the pit for short periods of time existing businesses existing
businesses nearby will not be adversely affected because of curtailment of customer trade brought by about brought about by intrusion of noise glare or general unsightliness and staff has some proposed
conditions know Sebastian had mentioned perhaps modifying number five right out of the gate regarding the hours I think we keep it Con Contin with everything else we do all seven seven yeah that's when our standard mod will
keep it the same okay any else uh know Mr chair that older abatement was something that was mentioned is that something you want to put as a specific condition well I I personally struggle with the word
perfume because per all you all you're doing is covering it now if there was some technology where you could do a water Mist that actually reduced the odor without just masking it perhaps but
if they're not in violation of any air standards how do you do that my understanding is there are some other options or Alternatives misters being one of them but it's not
my area of of expertise but I just just know that and so I don't know one cost I don't know two the ability to get something like that installed and up and running in the time frame and I would encourage the applicant to look into
that and do something um the same way with you know the loose dog thing you know you can say that and you did that it was a subcontractor but you ultimately are responsible for everybody on there it doesn't doesn't who they
work for doesn't matter um so do we looking for a condition nine regarding order reducement commissioner Sten mat Mr chair I do feel for Mr
Carlson's issue with his child it's not what a person wants to have it's duster order but covering up the the order the order is still there I mean you don't smell it as much so but
this plant has been there for quite a few different times so um I don't know if they can do something locally in their Township or not but uh I would think it'd be
important to uh like what Mr chair talked about looking into the other alternatives to actually I don't know what the misting does if it drops the particles down or what but maybe it's cost prohibitive I
don't know uh but I would think that should be another condition that should be explored at the very least I don't know how you put that in there without requiring it anyone have any suggestions I know he talked about looking into it
already that so I just don't know exactly how you want to it but sounds like they're trying to be proactive on the smells already let's try to maintain that I guess I don't know the bright way to say that mat so maybe we do not need a condition nine the applicant is
already I think we still have it in there just in case because we just don't want to overlook it okay Matt let's come up with the condition nine um see how did we do it with the guy with the noise with the saw I would just a recommended condition
would be that odor um mitigation measures explored want to be in place okay okay or must be must
be employed while batch plant is in operation and again just because with this being an interim use permit request and especially because it's a renewal request um we will want to make sure
that the applicant is accepting of these of these conditions okay are we done with can the applicant work with the tweak and hours and the
order okay applicant applies affirmatively okay um hearing no further discussion look for a motion to approve or disapprove a 5year interm
use permit extension with conditions 1 through nine I'll make that motion motion by Kurt stubstad second second by skirt the other Kurt scan sorry
sorry all right um any further discussion hearing none all those in favor say I I I opposed motion is carried a fiveyear extension is
granted and Mr chair and Commissioners I'll be sure to um keep you up to date on the Hagen Township ordinance and the permit renewal because if Hagen Township decides that they're going to either do a ban on batch plants in their Township
or uh deny their uh permit for this particular badge plant then essentially they wouldn't be able to to operate yes unfinished business yeah um so Mr chair and Commissioners this is the end of the the
first term for Brad Eldred Brad is unable to be here tonight just because there is a city counil council meeting for Holly uh he is on the Holly city council and so with that he has indicated that he'd be willing to go for another three years and um I'd be
looking for a a motion for a recommendation for appointment to a second term um for Brad motion by I'll offer that motion for Brad second by Sebastian all those in favor say I I
opposed motion is carried Brad is back if the board reappoints him so I'll be bringing that um oh the next meeting the commission yep okay um chair excuse me who seconded that please I did Sebastian
thank you um use permit violations update yes U Mr chair you had um at our last meeting um looking for a just uh update on um use permit violations any that are active or
outstanding um don't want to get into specifics on um just because the the parties would are not here not appropriate to talk about them in a in a public meeting um
but we do currently have two basically two businesses that one's a homebased business one's um an equestrian horse related business um that um just need permits essentially is what
they need so they're we're kind of getting to the stage where we we've referred them to the County's attorney's office um essentially to compel them to um apply for a permit so that's kind of where we're at with those those are the two right now
um is that unusual that you would once you tell them they need a permit normally they in it's only happened one time for me in my almost six years here and that was one that was recently heard and
resolved yep see if it appears that they would meet the the at least one of them would meet all the the standards so really if they just apply for the permit they would it would likely be granted just because they meet the standards
so it's just getting them to encouraging them to apply that's the sometimes they need a little push encouragement has has move it's we're move moved past the encouragement
stage yeah okay thank you that's all I have Mr chair okay new business election of officers yes so it is that time of year um where we would conduct our election
of officers um I just have from our bylaws kind of the procedure for that so the um you should also have have um the kind of description of each of the officer positions um we do have a uh
chair Vice chair and secretary position that we will need to vote for uh the procedure would be that um we would start with the chair and it's a ballot system so you should have uh little slip of paper for and a
envelope um to put your um write down your your uh person that you would like to see as the chair once we're finished with the chair um we would move on to Vice chair and secretary uh I should just ask is there
anyone who would not want to be considered for chair or is there anyone that would like to be considered for chair I think it's important to note that I cannot be it's not commissioner Mojo cannot be service the the chair or
the vice chair can I I think I would decline too only because I'm this is my last sure can I volunteer just to be secretary uh I should say to you that that Laura um she's out of town but she has indicated she's currently the
secretary she would be um she has expressed interest or willingness to be remain on its secretary too yeah that works so that's the active Campa campaigning is that we've received for this election season is Laura is willing to be secretary and
I am willing would like to be chair so with that I think we could do the do the voting and anybody volunteer for vice chair know we're we're just at Quorum too so there's only one Kurt left just saying
Dave come on guys da and actually am willing as well do we even need to what was what was her name again for a second I was thinking Linda all us do Salon or one at a time
you you've seen everybody's handwriting Rita congratulations Mr hillbrand you will be our chair for the next year all right Vice chair now yep I would maybe support um or recommend amending our bylaws to make this more
like uh the show Survivor and we get the music and a little TI Tiki thing yep and you all go up and cast your votes e I'm being quiet that's my be quiet it's the
longest that's usually how that happens theora will be our secretary for next year so thank you everyone okay any yeah one other piece of new business is we do have a um open opening
on the Planning Commission um for a uh rural member um we've had uh some interest um we have had one um individual submit a interest form and then we've also had a couple um who have
reached out about it um and we do have um Marsha doron here uh just living out in the Glendon area uh who has expressed uh interest in in that position I think she just came tonight to check it all out and see uh See if
it's something she'd be interested in doing and I know it's something that we like to keep open for for a couple months especially with our code update and things like that but um just want to know that that that position is open as well
so any questions for me is so is Mr is no you're on your last year so it'll be 11 months from now right I think it's August is your term I want to say yeah September or August yep
so we'd have another opening at that time too y typically traditionally or historically that's your responsibility and privilege but yep
yeah hearing nothing further look for a motion to adjourn so moved motion by Kurt second by Kurt all those in favor say I I I post meeting is adjourned thanks
everyone e e