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 role 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 a 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'll 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 Ken Severson from Klay County and uh Darren Brook from Klay County. 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, seconded by Kurt. All those in favor say I. I.
Motion is carried. Meeting is uh 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 update 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 their 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. Um 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'd 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.
Offered. 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 a Red
River Valley co-op power petition for resoning. Look for a motion to open the public hearing. So offered 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 reszone a parcel ID23.034.0400. 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 is essentially is the is within the city of Dworth 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 reszone 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 electric supply cooperative and they sell products to utilities. They are looking to build a 40 to 60,000 square foot 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 feet, 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
electricative distribution cooperative and they provide uh power to u significant portion of Klay 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 as big as the use would uh is necessary for the use. um need to have at least 100 ft of public right away. Uh setbacks. Uh there's a
50-ft front yard setback. Um a rear yard setback of 40 ft. And then in this case, there would be a 30foot 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% shall be occupied by buildings. Um and then uh it does have to have access to a um public right of way as well. Uh it the subdivision information. So because this property is located in the
city of Dworth 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 Dworth Planning Commission did recommend approval of the preliminary plat uh for this subdivision, the cooperative energy subdivision. And then the Dworth City
Council did approve the preliminary plat with some conditions at their February 10th meeting. Uh those conditions would be that a 20-oot 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 Morhead and Klay County access regulations. um that the developer enters into an agreement with the city of Dworth 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.
Uh we have a goal to encourage commercial and industrial development that is in harmony with the agricultural and rural character of Lake County, Klay County. Um the property is in the growth area of the city of Dworth. It's near several um existing industrial uses,
also residential uses. Uh the city does envision kind of a commercial light corridor along this east side of 34 street. So moving from kind of a um light industrial and as you go south along 34th 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. Okay.
Uh and then we do have uh uh objective to avoid or mitigate against commercial industrial development that create 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 resoning. Um but many
of the adjacent and nearby properties are agricultural institutional and institutional being like the Klay County um the DMV uh 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. space would 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 too would would require some permanent storm water um mitigation best management practices. That's the phrase I'm looking for. 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 Woodcom
with Red River Valley Co-op Power. I'm the CEO. Good evening. I'm Chris Peterson. I'm the regional vice president of Rural 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 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 at these meetings, we talk a lot about the power that's available in the county and how making sure one we have
reliable 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 Klay 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 Dworth, too. I think it makes a lot of sense for us to support something that the city of Dworth also supports.
Yeah, we're uh we're looking forward to working with Dworth and and hopefully that 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 their proposal as it's 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 Buyers, 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 expand their area over there, which is two 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 Yeah, 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. 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 if 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 Klay County. Mr. Chair, I was looking at the uh the findings for the for the reszoning.
Now, 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 interimm use, the planning commission shall consider the effects of the proposed use upon the health, safety,
morals, and general welfare of occupants in 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 of plants, use and enjoyment of other property. The interim use will not be injuring
the zoning amendment findings effect. Um that's what that's apparently maybe I should look at the big sheet here. Bigger print. Yes, now I have it. Yeah. And that first one is the same. Okay.
So we can go right. Okay. Additional findings. In addition, the planning commission shall make the following findings among others were 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 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 Dworth to facilitate city utility connection. Second item on this, the reasonzoning is reasonably related to the overall needs of the county and to the existing land use.
Um, 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 Dworth. Consistency with ordinance. The reasoning is consistent with the purpose
of this ordinance and the purposes of the res of the zoning district in which the applicant seeks classification and proposed use does meet everything um in the highway commercials district
conflict with comprehensive plan. The reasoning is not in conflict with the comprehensive plans of any township city of the county or the county land use plan. City of Dworth, 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 this section. It would not. City of Dworth has
given it some its uh approval. So looking for any discussion or a motion back up here. Let's look at So, Mr. Chair, if you were to make a um
motion recommended motion, the staff's recommend recommended 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 Dworth put in there? You certainly could if you um but those are more related to the plat itself. 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 Dworth. 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 the 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 approval of the resoning of the portion
of the subject property described in the cooperative energy subdivision plant from agricultural general urban expansion district tier 2 to highway commercial to the Klay County Board of Commissioners. Okay, we have a motion made by Mr.
Stiken. Mr. Chairman, I'm just going to let you know I'll be abstaining from this vote. Second and a Sebast and a second by Sebastian. Any further discussion? Please note that Curt Stubstead 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.
Chair votes I. Um the petition is moved to the county board of commissions. Thank you. Next order of business is Trenton and Jennifer Evenson request for
interimm use home occupation permit. Look for a motion to open the public hearing. I'll make that motion. Motion by Kurt Stubstead. 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 intermuse permit for a 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 a half miles
north of County State Highway 34 and 1 mile west of County State 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 bedroomedroom, 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, be 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 estab 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 would have
to meet Klay 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 would have to be um essentially tested for all the arsenic um ecoli bacteria um and all all the
other contaminants. Can I ask a question? Yes. Uh folks that put their properties on like a VBO, are they subject to those? Um yeah,
lensure. 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 v vicinity just with odors 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 stemming from this um I want to say it's
this facility down here uh the Felton B piler and I they're working on with the state on addressing those those issues. So this request how it relates to our comp comprehensive plan. We have a goal
to maximize the potential of Klay 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 Klay County. We have a land use goal to establish a comprehensive growth management strategy that promotes orderly 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. only 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 uh 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 area as 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 are fixing it now. Well, that was separate piece.
Does anyone Mr. Stiken uh to the evensons? I envy you living in the country. I really do. Um having grown up in the country on 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. um 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 B piler. It we do on certain days we're northwest of the pyler. 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. Yeah, I grew up the son of a beef 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 piece.
Hi, I'm Tim Doul. 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. A 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 you're 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 beet harvest, he's digging non-stop and the farmland is
30 ft away from the building. Like I said, we have a grove of trees there that's on our still our property and 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. share. 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 Stubstead. Second. Second by the other Kurt. Can never say 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 interimm use, the 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 of other property. The interimm use will not be injurous to the use and enjoyment of other property in 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 interimm use will not impede the normal and orderly development and improvement of surrounding vacant uses
predominant in the area. Utilities access roads, drainage, off- streetet parking and loading spaces. Adequate measures will have been have been or will be taken to provide utilities access roads, drainage and
off- streetet 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 supplies, 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 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.
Appearance and structures in sight. The structure in sight 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. The use will not cause traffic hazards, congestion and in the flood plane areas
as access during flooding for ordinary and emergency vehicles. Existing businesses. Existing businesses will not be adversely affected because curtailment of customer trade wrought by the intrusion of noise, glare or general
unsightliness. Okay. Staff has eight conditions up. and the uh applicant has been in contact with the appropriate Klay County 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 it
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 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 Stiken, that and Mr. chair uh even since
referenced and 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 Stiken, we do have separate requirements for a 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 y they might have to come ahead before us again. But if there are different if there are activities just for for guests, I Yeah,
that would be appropriate. I think the guests would be thrilled to have beat 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.
hearing. Uh no further questions or um conditions. Look for a motion to approve or disapprove the interim use permit. I'll make a motion. One through eight. Conditions with one through eight. 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. Interm use permit is granted. Thank you.
Okay. Next on the list is R.J. Averil and Suns on an internal use renewal request for a temporary asphalt plant. Look for a 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 intermuse 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 the land for mining um is allowed in these districts as well as asphalt batch plants are allowed as an interim use. This is an 80acre parcel uh in Hagen Township. uh just on the west side of um County
Road 27 and north of Casaw County State 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 20acre mining operation that was given to a mind. 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 uh for Alexandria Alexandria Gravel Products. And in 2019, uh an interim use permit was granted for
a uh batch plant and for a 39 12 acre gravel mining operation as well. Uh in 2019, R.J. Zavver 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 east or west on County Stadia Highway 34. There are five properties along that hall road as well. U 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 odor and dust seem to be the primary drivers of those complaints. The odor 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 impact 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 they're 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 I 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 badge 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 renewal 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 and transportation plan goals and objectives. We have a goal to encourage commercial industrial development that is in harmony with the egg and rural character of Klay 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 plant 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. And 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 odors. So equipment should be maintained
and muffled. Uh they 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 hours 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 6 to 8 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? 6:00 to 8. That was from their That's their requested hours. Yep. Don't we have different hours that we've done with every other pit? With pits we've done. Yeah. 7 to 7 Monday through Friday and then hauling
on on Saturdays. Just wonder if we maintain continuity that way. Pull up their Yeah. Conditions. Anyone else have anything any further questions for Matt?
Mr. Mr. Chair, when it talks 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 a little 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 Stiken, not necessarily because they are two independent permits. We do like to um in an ideal world they would be matched closely, but uh in this case um with
Hagen 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 Hagen Township
said no 7:00 a.m. 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 a um 6 a.m. to 8:00 p.m. Monday through Saturday on their previous permit from
2020. Thank you. And I know too just with batch plants just um with hours of operation uh they can differ a little bit than like say your gravel mining operation just because they're 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. 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 Brooks, aggregate manager, RJ Zavil and Sons. Um, so like Ban has 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. Um, I believe we've uh at least alleviated most of it as far as dust control and u 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 you know we're doing the right thing. Um and 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 service you know do trying to work I guess and 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 make us tolerable when we're around. Um as far as length for this year we're looking if anything it's going to be 3
to 5 weeks. We don't have any work out of there right now, but uh 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 a 3-week period
for this season. Um Matt had mentioned something about some loose dog complaints. So, we had a uh Yep. 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 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 that was an issue. And that you guys have taken care of that internally. Correct. Okay. Anyone else have any questions or comments?
Thank you. Anyone in the audience wish to speak for or against? 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 shot jot it down on my phone. 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 premium 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 it 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. Styen had talked a little bit about uh some confusion at that part. Um right now there's basically they tabled uh the position um of for a vote because uh one of the members has a family member might
be directly impacted financially uh from the situation with the nearby 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. It came to my attention that several crew did uh look at uh 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 while 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 I know this isn't supposed to be a dialogue, Mr. Chair, but when you say five-year, if
you could expand on that whatsoever. I wasn't sure if this is supposed to be a one-year uh 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 fiveyear extension.
Thank you for your time. Thank you. Anybody else have 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. opposed. Motion is carried. Public
hearing is closed. Okay. Time for the findings of fact. The effective use. In granting an interterm 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 existing comprehensive plan would this be t I guess I didn't catch where the f talking about the nuisance where is the fellow that spoke where does he live in relationship to this batch plant
directly to the north directly like how far just the residence is probably about just over a thousand feet from the got it okay thank you and uh say staff in his notes has a anticipated four to six weeks. Um as he
stated there he's anticipating three to five 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 interimm use will not be injurous 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. Say that the use is temporary and it will impact
development of surrounding property. The establishment of the interimm 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
currently. Um utilities access road drainage off streetet parking and loading spaces. adequate measures have been or will be taken to provide utilities, access roads, drainage, off- streetet parking and loading spaces. Um, and any staging
of trucks must occur within the pit and not on County Road 27. Nu's 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 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 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 and site. The structure and 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 pit 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 turn
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, congestion in the flood plane area. The use will not cause
traffic hazards, congestion or congestion in flood plane areas as 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. I know Sebastian had mentioned perhaps modifying number five right out of the gate regarding the hours.
I think we keep it continu 77. Yeah, that's been our standard. Might as well keep it the same. Okay. Anything else? Uh I know Mr. sure that odor 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 do 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 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 it doesn't who they work for doesn't matter. Um so do we looking for a condition nine
regarding order reducement commissioner styen and Mr. Chair I do feel for Mr. Carlson's issue with his child. It's not what a person wants to have if it's
dust or odor. But covering up the the odor, the odor 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 had 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 u 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 look looking into it already that so I just don't know exactly how you want to word it but it sounds like they're trying to be
proactive on the smells already try to maintain that I guess I don't know the right way to say that Matt so maybe we do not need a condition nine the applicant is already I think we still have it in there just in because we just don't want to overlook it okay Matt let's come up with a 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 must be in place. 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 Okay. Can the applicant work with the tweak in hours and the odor? Okay. Applicant applies affirmatively.
Okay. I'm hearing no further discussion. Look for a motion to approve or disapprove a 5-year interimmuse permit extension with conditions 1 through nine. I'll make that motion.
Motion by Curt Stubstead. Second. Second by Curt Scurvin. I'm sorry. It's all right. Any further discussion?
Hearing none. All those in favor say I. I. I. Opposed. Motion is carried. five-year 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 batch 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 Elder. Brad is
unable to be here tonight just because there is a city council 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 Brent. 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 the next meeting to the commissioners. Yep. Okay. Um, chair, excuse me. Who seconded that,
please? I did, Sebastian. Thank you. Um, use permit violations update. Yes. Uh, Mr. Chair, you had um at our last meeting um looking for a just a
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're 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 those are the two right now. Um,
is that unusual that you would once you tell them they need a permit, normally they in I 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. So 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 would 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. Yeah. 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 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 a little slip of paper for in 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 you 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 No, Commissioner Mojo could not be serve as the the chair or the vice chair. Can I I think I would decline to 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
as secretary too. Yeah, that works. So that's the act of campa camp campaigning is that we've received for this election season is Laura's 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. You know, we're we're just at quorum, too. So, there's only one Kurt left. Just saying. Dave, come on, guys.
Yeah, I am willing. Do we even need to? What was What was her name again for a second? I was thinking Linda go to all Susan 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 the show Survivor. And we get the music and a little tiki tiki thing. Yep. And you all go up and cast your votes. Okay. I'm being quiet. That's my
Be quiet is the longest. That's usually how that happens. and Delora 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 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
uh interest form and then we've also had a couple um who have reached out about it. Um, and we do have, um, Marcia Jorgensson here, uh, just living out in the Glendon area, uh, who is 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 typ traditionally or historically that's
your responsibility and privilege but yep Yeah. Okay. Hearing nothing further. Look for a motion to adjurnn. So moved. Motion by Kurt.
Second by Kurt. All those in favor say I. I. I. Opposed. Meeting is adjourned. Thanks everyone.