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Video-1: youtube.com/watch?v=k80XJTi96N0

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Okay, go ahead. >> Okay, let's call the planning commission to order. Um, first thing on the agenda is to uh approve the agenda and the minutes. >> I'll make a motion to approve both the agenda and the minutes.

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>> I'll second. >> Okay. All in favor? >> I oppose. Said agenda's adopted. Thank you. Um, who's taking over on the staff? You're gonna Okay, Miss Maxwell.

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>> Thank you, Mr. Chair. The we have a couple of ongoing items for the planning commission agenda. Just for your awareness for information, first uh is an update on the wedding barn interim use permit application that you heard a few months ago. Uh that was tabled pending update information from the

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Department of Labor Industry and the State Fire Marshall Office. uh the applicant has decided to withdraw the application for this time period. Uh they were unable to kind of get everything clarified in our processing timelines for the application. Um so I agreed with her that if she wanted to

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resubmit that interim use permit once she does get that information, we'll wave the processing fee for this 2026 wedding venue season um processing timeline. So we may see that come back uh in the coming months. But just for processing and clarity, it was good to just withdraw that procedurally and then

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she'll resubmit if once she does get that updated information. So, just wanted to kind of close the loop with you all on that. And then the next item uh is ongoing. This is the WTTC land management um formerly known as the

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Humphrey Pit. Um, so let me turn on the pointer. There we go. Um, so this is an item that was held before the planning commission at

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your May planning commission meeting. After much discussion, the planning commission made a unanimous recommendation to the Cook County Board of Commissioners to recommend approval of the conditional use permit amendment, which would allow the gravel pit to expand an additional 5 acres for the open pit area, as well as allowing a

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wash plant operation. When I brought this to the county board of commissioners May 26th, um there was some discussion that was had before the commissioners discussed the planning commission recommendation. At every county board meeting, there's a time for

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the public to address the county board. And so there were two individuals who had written their comments to the county administrator to be read read into the public record during that county board meeting. I did summarize those comments for you in the memo attached in your

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packets today and I also included the timestamp of when those public comments were heard at the county board meeting in case if you wanted to go through and listen to that directly. uh the planning or the county board discussed uh the planning commission deliberations.

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Much discussion was about noise mitigation and what the planning commission had discussed and if you may recall in May we did have a lot of conversation about that and we drafted 30 unique conditions to kind of incorporate all concerns including hours

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of operation which hadn't really been addressed in previous conditional use permits. From that county board discussion, we identified four items for your attention for this item today. So essentially procedurally where we're at with this is right may the planning

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commission held the public hearing. I brought your recommendation to the Cook County Board of Commissioners. The public hearing is closed on this. We're not accepting any more public comments. We're just at the deliberation phase of this application. So the county board identified four items that they would

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like the planning commission, the advisory board to the county board to discuss today and then staff will bring your revised recommendation or state same recommendation back to the county board at their meeting later on in June here. So the four items for you are

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summarized in your packet in the staff memo and there is a representative from the gravel uh from Northland here today to answer your questions as well. I briefed them on this discussion point and I think they would like to take the opportunity to further um discuss this

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with you. The four items for your discussion on this item is number one whether approval of the wash plant operations should be structured as an inter interim use permit rather than a conditional use permit. Number two, whether additional noise mitigation measures may be available that would reduce noise impacts without creating

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safety concerns or operational challenges. Number three, whether condition number 12 could be revised to establish separate operating hours for different activities if feasible based on further discussion with the applicant. And number four, whether imposing additional restrictions on operating hours could create unintended

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risks or operational concerns for the county. One item I wanted to raise to you um with this discussion of noise on the screen is a picture from the Google Earth imagery which is a little bit different from our typical county map that we refer to because our county maps

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are typically the leaf off conditions. So the leaf on conditions actually make gravel pits uh stick out a little bit easier. And so in this neck of the woods the red circle is the Humphrey gravel pit that we've been talking about just north of the Grand Marray airport. And

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the yellow circles are local gravel pits. Some of them are on public land and some of them are on private land. So you'll see just geographically this is an area that has uh a landscape that has aggregate resources. Uh and then Benagami Lake over on the right side of

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the screen is where we receive public comments from neighboring property owners with concerns about noise. And I think what is relevant in sharing this with you from staff's perspective is that there's a gravel pit northeast of Benagami Lake. And this image uh in the lower part of the screen is from July of

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2025. That does show equip equipment being in there. And so when we talk about noise and monitoring from noise from one distinct pit, it's often difficult to know where noise is coming from. If we have property owners on Benagami Lake that are, you know,

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calling the county concerned about noise and we go out and we we measure noise, um I just want to make it clear that any conditions that we place, we need to be able to enforce. And so for staff to be able to track where the noise is specifically coming from may be quite

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difficult when there's several different pits operating in a geographical area. Anecdotally speaking, we had a con a complaint last year from north of de north side of Devil Track Lake and I called around several different pit owners and several were not operating and the person who had complained said

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that it was coming from a pit that was inoperable at that point in time and it was actually a pit like much further away from that one. So, it is it's more so to clarify that if we do make changes to the conditions that have been phrased uh especially about noise and any kind of monitoring, it is it is a challenge

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for staff to specifically be pointing out which pit and just recognize that this is an area with lots of gravel pits as well as an airport. So, there's just a lot of ambient noise in this area of the county. Um, so that's kind of the updated uh reflection that I wanted to

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share with you as we've been taking time internally to process this as staff to give you guidance. Um, and as I said, I did speak with uh someone from Northland who I believe is in the audience today. Um, who may be able to answer some of your questions as well regarding uh

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Northland's perspective with some of the conditions and the discussions that have been had so far. That's all I have for you, Mr. Chair. >> Thank you. Um, you you were at the meeting in May, >> correct? Okay. So,

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>> um, >> to hear your thought and reflections on this. >> Okay. I I did have some questions. Maybe NEA can I mean, one thing that came to mind was, um, what other what type of operational hours conditions do we have on other pits? Do we know? I

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mean, do we have I mean, we have record somewhere, but do we know? >> Yeah, each pit has its own resolution and its own set of conditions. They're not necessarily a boilerplate for all of them across the board. Um, I think in my discussions with Aaron from Northland

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Contractors, he's got some ideas that he'd be willing to share with you about how they might be able to um look at what the county board uh discussion items are and maybe help spur your conversation along. But generally speaking, I don't have just an answer

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that's every single pit has the exact same conditions >> which I assumed was the answer I would hear. But okay, thank you. >> Some time. >> Um and maybe Mr. Chair, a question just of kind of process. Do we want to deal with these four issues

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one by one by one? You know, there's the question of an interim use permit versus a conditional use, which actually given that to me, given that this is a new operation, the wash plant will be new for this pit,

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maybe that makes more sense, give it a year, give it two years, whatever we want to do for the interval and um come back to it. Just to clarify, there was a wash plant intermuse permit for I think 2020, but that was just one year again for a specific project. And I think if an

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intermuse permit was considered for the wash plant, I don't think that would necessarily be problematic. I would just recommend it be for like a five-year time period, something that provides um you know, a solid time period to see how the activity is going and be eligible

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for renewal. Right after that time, That's all I had right now. >> Okay. >> Um I think we should hear from the applicant. Um because these other ones get kind of

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loud enough to drive a truck right now to the mic. >> Yeah. Please state your name and address. Aaron Holgren, vice president of operations for Northland Constructors. I live at 4577 Lake Drive. Our operations

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are at uh 8 um sorry, we're all over the place. Uh can't remember our address off the top of my head. I'm sorry. Let me grab that for you. There it is. 4843 Rice Lake Road. Sorry,

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we have a couple of locations. So, >> and that's in Duth. >> Okay. Um, >> so you heard the discussion on the interim versus conditional use permit. I think five years sounds

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you're comfortable with that. I mean, >> we are. Yeah, we have interim use permits in other locations as well. And it's not that uncommon for wash operations to do that. Um I think there are several other operations that we operate under an interim use permit for washing. So >> Okay.

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>> Yeah, that would not be an issue with us at all. >> Okay. And then um then I want to kind of Let's take them in order. So, additional noise mitigation strategies. >> Yeah, for us, I think we have a plan

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going into this operation here to just keep a large embankment around the entire operation. So, as we operate, um, all of our aggregate processing operations are usually performed uh, in the lower portions of that gravel pit. >> Mhm. with the embankment around it. Of

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course, a lot of that sound is diverted upwards, >> right? >> Um I think when you're starting off in a new gravel pit, they are they tend to be a little bit noisier and that noise tends to travel quite a bit more. But once you actually get down into

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uh the earth and that that embankment is around you or that bank, it uh tends to deflect most the noise up. In this case, as we progressed towards the east, we would have that bank in front of us the entire time. So that bank would be, you

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know, out in front of us 12, 15 ft high, >> right? >> Above most of our operations. So the only exception there, I think, would be clearing and stripping at the top. So when you're, you know, in there removing

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the the top soil and material off the top, you'd have equipment moving around at that time. But, >> right, and that may be something we can address in the in the subsequent >> Sure. >> items. >> Um cuz the um

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that's the question was additional noise mitigation, but that sounds like a standard practice, not an additional noise mitigation. >> Yeah, I I don't know if it's standard practice for us. I don't think it's standard practice in the industry to always set up in the bottom of a gravel pit though. So for us in this case, it

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would work out that way. Uh, additionally, you know, I I think the question is raised on backup alarms and other things. Um, there are, you know, regulations on this, of course, with MSHAW and and uh OSHA as well

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>> that we can't >> No, nobody's asking you to turn off. >> Yeah. And and beyond that, to be honest, I you know, I'm not going to I'm not going to compromise safety at all for any of my guys. It's just not going to happen >> for us. So, it's it's

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>> I I understand, you know, they're there, it happens, but that's, you know, it comes to a safety issue, it's >> sure, >> it's not going to be a question. Um then um condition 12 was could be revised to establish separating offer

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hours for different activities. So you just commented about how the original the the initial removal of top soil and scraping and getting down. Um so what what do you normally consider your operating hours when you're doing that

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particular part of the feature? >> Very similar. So it's still a 7 to 8 type of operation. Um, typically when we're doing those operations, we're not working as late as 8:00. >> Um, aggregate processing because sometimes you'll run multiple shifts

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that come in and, you know, you'll have a morning shift. Sometimes you'll have a afternoon shift and you'll rotate guys in and out. Uh, they work long hours. Um, you know, aggregate processing is a slow process. When you're building highways and bridges and all of these

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things, it's it it takes a long time to to process aggregate. So the 7 to8 is pretty critical to make that operation. >> And was that a discussion in May? The 7 to 8. >> Yeah, we talked a lot about that.

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>> I think the only thing that we would I I I'll speak on Saturdays. Saturdays we want to have our guys go home Saturday afternoons. We I think we'd be willing to compromise a little bit there. uh 5:00 have a 5:00

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limit on Saturdays if that would help. >> The season is so short that they they have to >> understand that's all gone through my head, right? You know, >> we want our guys going home and spending at least a day a week with their family. So that's on Sunday. And when we're

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working up here, a lot of our guys live down in Duth, Carlton County, you wrench all, you know, all over the place, >> right? So to try and get them home on a Saturday afternoon, you know, we would consider a 5:00 limit in that that location for

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Saturdays. >> Okay. Um, any comments or thoughts from >> Is there a project that's happening that you know you're going to be in this pit like for the next three years kind of thing or

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>> uh Oh, yeah. Yeah. There are projects that happen up here every year that we end up with and we're at the border right now doing some work >> just because you didn't use it the last time the wash. So >> yeah, the wash plant, you know, it it

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depends on the the type of asphalt we have to produce. >> Okay. >> Um and the need whether it's there's different traffic level mixes and mix designs that require a higher quality aggregate and so therefore you got have to wash some of those aggregates. So that may or may not happen.

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>> Right. >> Okay. >> Right. >> I would say most of the heavy traffic level like you'd see on Highway 61, >> those types of mixes very well could include washing or need washing rather.

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So, >> and I know that um 61 from Tafty to the county line is scheduled for 27, right? Next year, >> I think. So, next will be scheduled for this year,

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>> isn't it? Part of it. >> Small part. I think most of it is 27. Yeah. Um and then with respect to number four, we're being asked to consider whether there's additional risks or safety

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concerns that we should >> and some some of that I think was some of our discussion about not to try to pose conditions on this location that puts them at a disadvantage to other pits that are operating currently under similar conditions.

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making sure it's a kind of level playing field. >> Well, to be consistent, consistently, right? Um, Maxwell, you anything to any considerations you would like to add to this conversation?

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I think this feels like this addresses a lot of the county board discussion items at the county board meeting. Um I think clarifying the 5:00 p.m. end time on Saturday and the interim use permit for the wash

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plant uh for 5 years would need amendment to some of the conditions that were uh formerly recommended for the initial motion. Uh so that would that recommendation would probably need to be amended to incorporate those items. Um

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we did already have a condition in here that clarified that crushing screening and wash operations shall where practic reasonably practicable be located within lower elevations of the pit uh or otherwise positioned to utilize natural topographic shielding to reduce off-site

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noise impacts. And so we've already incorporated that element of your conversation into the conditions that were initially recommended. Any board members? Do you have any any other questions or concerns that we need to address?

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All right. Um, I think I'm going to take these in, you know, individual motions as opposed to trying to combine the complexity of this into one. Um, so can I have a motion on number one? Um,

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I think we talking about a five-year interim use permit. >> Yeah, I'll motion for that. And then does that change We'll amend all those. It was like 30 conditions, right? >> Yeah. If I may, Mr. Chair, it might make

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sense for a single motion about the conditional use permit itself with the conditions that you want to amend from the just procedurally. It's going to be a little bit easier for us to convey this discussion to the board of commissioners if it's one motion with a

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list of updated conditions. So, we don't have four different resolutions on >> Right. because it's where the application itself makes sense. >> That might work. And I I think from my review of the conditions, that's really condition 12 and 13 that could be

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amended from what was provided. The complete list of conditions that we're working off of right now was in that county board agenda item report and it should count to the 30 conditions. If you're looking at what was in the planning commission May packet, those were amended following the planning

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commission. Would would it help if I read to you what I think those amendments could be to the conditions? >> Yes, please. >> Um, so condition number 12, uh, we have hours of operation for all gravel extraction, screening, crushing, washing, hauling, and associated material production activities shall be

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limited between 7 a.m. and 8:00 p.m. Monday through Friday, 7:00 a.m. to 5:00 p.m. on Saturdays. No regular operation shall occur on Sundays or legal holidays unless specifically authorized by a planning director due to demonstrated operational necessity or public

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emergency. So the addition there would be changing Monday through Saturday is how it's currently written and just make it Monday through Friday for 7 to 8 and then 7 to 5 uh for Saturdays. And then for condition number 13, uh I think it

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would work to say wash plan operations are authorized under this permit for five years as an interim use permit provided the permittee maintains an operational plan on file land services that includes items A through E which were formally included. Okay.

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>> Does that work for you, Shield? >> Yeah. >> So, my motion is that we approve >> with these adjusted. What do you want to say? Adjusted >> conditions. >> The conditions. Yeah. >> I'll second that.

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think it's like a we need a bit more of a you know we're not stating what it is we're adjusting or what we're saying. So I think it's more along the lines of um this is so additional discussion after

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the motion's been made. Right. And so, um, you know, when when we look at the the motion, it's sort of what what did we say we were recommending, right? That's what goes to the county commissioners is that

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we're recommending that, you know, something more I'm thinking more something along the lines of condition 12 is hereby amended so that uh or we're recommending uh it be changed to 7 to 8:00 p.m. 7:00 a.m. to 8:00 p.m. Monday

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through Friday, 7 to 5:00 p.m. on Saturdays, no work on Sundays, legal holidays and so forth that were previously stated. and that uh we also amend our recommendation that the the

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permit be um an interim use permit rather than a conditional use permit >> for the washing operations >> for the washing operations. Add that to my notes question. So a question that so then all the other pit operations are under a

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conditional use permit. >> Some are intermuse permits, some are conditional use permits. >> Okay. So we've got >> extraction is a conditional use permit. >> Right. Right. But the wash operation is interm use. >> Most often I think we have one or two wash operations that might be more

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permanently planned that were issued a conditional use permit. >> Okay. >> Um >> Okay. But again, it would it would help for us to take the time to do a full review. But keep in mind, there's also federal pits that are not subject and there's grandfather pits. This was a big

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part of our discussion back in May that there's these other legacy pits that aren't held to this these same conditions necessarily. >> So, does my recommendations on your motions make sense?

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>> Sure. So, may I just try to cl I want to make sure I understand correctly so we can bring this to the county board correctly. >> Uh, is the motion amended >> or um >> Well, instead of just saying 12 and 13, he wants us to spell it out what we're

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changing. >> Sure. Okay. >> So, >> so it's um Could we clarify what the motion was because I kind of missed it and I'm sorry I couldn't quite hear. So that we will change the hours of operation from 8 to

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oh 7 to 8 Monday through Friday and 7 to five on Saturday. And that that we will also change 13 >> to this is now an interimm use permit for the next five years as opposed to a conditional use permit.

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>> All the same A through E conditions under 13 will remain the same. >> Sure. And if I may clarify also within this motion, it's all the original 30 conditions, correct? Additionally, and it's overall to recommend approval of the conditional use permit with the

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modification of the interim use permit as we mentioned. >> Correct. >> Good. >> Yeah. >> Have a second. >> Still second it. >> Okay. All in favor? >> I opposed. Heard passed. Thank you. This will go to

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the county board at their next available action meeting. >> Thank you. >> Well done. >> Wait. All right, moving on in the agenda. The next thing we have is the

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letters of for information. >> Uh the next one is the Isaac Baron conditional use. >> Okay. So the we'll just pass over to A and B. >> We just did that. >> They were just discussion. >> We just did that. All right.

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>> So we should be on new business. Okay. >> Page 25. >> Go to the Isaac Burn interim use permit. Staff, please. >> Yep. Thank you, Mr. Chair. This is a request for a conditional use permit in accordance with the Cook County zoning ordinance section 4.05B4

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to allow a home business in the F1 zone district at 330 Ball Club Road. The applicant's property includes 20 acres. The parcel is contained entirely within the F1 zone district. This is a listed conditional use in the far one zone district and the property is nonshorland. The applicant has been

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operating their business as a home occupation for the last several years. They would now like to add an employee which moves their business from a home occupation to a home business which requires a conditional use permit. The business is a log home building and restoration business with about 40% of

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the operations occurring offsite. The additional employees are not expected to increase the number of semi-truck loads of logs, which are currently about six log deliveries per year. For zoning considerations, a conditional use is an activity or use that would not be appropriate if allowed outright in any

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number, but which if controlled as to the number, location, and activity could be consistent with the comprehensive plan and not be injurious to the public health, safety, or general welfare. The review of each proposed use must determine that it will or will not be compatible with the standards of the zoning ordinance and if it is found to

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be much must attach conditions to ensure its continued compatibility. This property is within the F1 zone district. The principal purpose of the zone district is to provide for forest management, agriculture uses, and recreational activity in the less developed areas of the county.

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Home occupations are a permitted use while home businesses are a conditional use within this zone district. I've included the definitions of the home occupation and home businesses definitions in your packets which are defined in the Cook County zoning ordinance. I've also included the list of the

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standards and criteria for which conditional use permit should be reviewed. For background, the subject property is located in a rural area of the county off the Ball Club Road and largely surrounded by public land with a limited number of private properties located south of the parcel. The adjacent property to the south contains a

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permitted use dog kennel operation. Several property parcels further south include gravel pit operations due to the natural geology of the area. The applicant has operated the log home building business at this location for approximately 7 years. During that time, the property owner has consulted with the land services department regarding

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the applicability of the zoning ordinance, home occupation, and home business definitions to the business operations. Staff noted that the business did not clearly meet the definition of home occupation because portions of the work occur outdoors rather than entirely within an enclosed structure. However, given the purpose

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and intent of the far one zoning districts, the rare rural nature of the area and limited scale of the operation and compat compatibility of the use of the surrounding land uses, staff exercise administrative discretion and allowed the business to operate as a home occupation. As a business has

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evolved, the applicant is now seeking a conditional use permit to establish a clear regulatory framework for the operation. Historically, staff advised a property owner that a business could continue to operate under the home occupation provisions, provided that it remained limited in scale and did not involve employees and did not generate

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complaints from neighboring property owners. Now, if the applicant would like to have an employee, the home business, conditional use permits required for site conditions and considerations. Septic records indicate that a purview was placed on site in 1993. There's no issues with impervious surface coverage

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or wetlands. As far as noise goes, the business does generate some noise. However, no complaints have been received to date, indicating that the activity is generally regarded as compatible with the surrounding zone district. It's also worth noting that the neighboring property includes a dog kennel, which contributes to the overall noise level in the area. Further south

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are several active gravel pits as well accessed from the ball club road. The established rural character of the district shaped by its zoning standards and the 20 acre minimum lot size sets an expectation for a certain level of ambient noise. On the screen is the site sketch from the applicant which shows their working

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area for the processing of the logs and the applicants described the proposed um conditional use with the employee would keep the same working area active on site for public noticing. The application was legally noticed in the Cook County News

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Herald on May 22nd. 10 letters of notification were sent to adjacent property owners as well as county departments. There were no written comments received in the land services department at the time of the narrative. I have pro provided some draft facts and findings for your consideration within your packets. For staff recommendation

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for consideration, the proposed use appears non-promatic with surrounding land use patterns and zoning. The planning commission should consider potential findings listed within the packets or modify and amend or adopt or adopt as they determine appropriate after the public hearing for recommendation of the Cook County Board

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of Commissioners. There are four listed conditions that could be considered. Number one, all state, local, and federal regulations must be adhered to. Property must maintain compliance with Minnesota State Rule 7080 in the Cook County Septic Ordinance. Proposed hours of operation shall be limited to Monday

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through Friday 6 am to 5:00 pm. The conditional use must be amended if operating hours are proposed to change, if the nature or location of the home business activity changes within the property boundaries, or if any other modifications to the operation are identified by staff not reflecting the uses proposed and approved. Number four,

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if the operation exceeds any of the following thresholds, it will no longer meet the definition of home business and a new conditional use permit for a commercial operation will be required, which would be more than five employees or the no owner no longer resides on the property. And just for an overall comment, part of the reason we tried to

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be really clear about conditions in a conditional use permit is just as a reminder, this does transfer with the property. So, we want to be sure that we're setting conditions that reflect the nature of the proposal before you so that if someone else purchases the property and wants to exercise this conditional use permit, uh there's

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conditions that safeguard the intents of what this activity is being permitted as today. >> That's all I have for you. >> Okay. Do we have the applicant? Yep. Should we state your name and address, please?

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>> Yeah, I am Isaac Baron and address is 330 Ball Club Road. >> Okay. Is there anything you'd like to add in addition to what? >> Uh, no. Ne did a great job describing what we do. >> Okay. And the conditions and so forth make sense to you? >> Yep.

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>> Okay, good. I love hearing that one. It's all worked out well. Um, does the board have any questions for the applicant? Okay. Um,

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thank you. Uh, should open it to public comment? And we'll open it to public comment. Is anybody in the public like to add anything to this particular discussion? Seeing none, we'll close public comment. Thank you.

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Um, turn to the board. Any questions that you have for the applicant or on the subject matter? >> The only I I see 5:00 p.m. here uh Monday through Friday and just want,

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you know, sometimes if I'm working on something, I might want to go past 5:00 p.m. So, I wonder if you want more than that or or if that's fine. Maybe you get up at six, that's good. I mean, yeah, it would certainly take more time if if allotted. Um, but yeah, we we're usually

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done by five. >> That's the only thing I saw that was interesting to you. >> Um, I don't really see any issue. I mean, it really it seems like just a change in the designation from a home occupation to a home business because now there's one employee. So, seems to

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be the only thing that really is changing here, >> right? >> Yeah. I don't have anything. Seems pretty >> Yeah. My only concern that came up was just the timing, the 6:00 a.m. Um whereas we're doing 7:00 a.m. to 8:00

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p.m. for a gravel pit and a different time zone for different type of operation. It would be my desire that there would be some consistency in businesses, you know, across businesses. But if you're happy with this and we're able to operate with it, then that

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seems reasonable. >> Okay, Miss Maxwell, >> if I may, Mr. Chair, I just wanted to clarify the draft conditions were reflective of what was in the application. And so that's where I was just trying to adopt conditions that felt reflective of what's been proposed, >> what the applicant requested, right?

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Um, >> Mr. Chair, I would add one thing. >> Yeah. >> If no complaints have been registered and he's been operating from 6:00 to 5:00, then 6:00 to 5 probably is okay, right? >> Um,

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okay. Can I have a motion then? Um, I'll move that we approve the application with the conditions as spelled out and move forward. >> Okay. Um, do we have a second?

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>> I second that. >> Second. >> All in favor? >> I opposed. Hearing none. Motion pass. >> Go to the Cook County Board of Commissioners at their next meeting at the end of the month. >> Okay. Thank you, Neil. Yeah. Thank you.

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All right, seeing we've completed >> I have a motion to adjourn the mining meeting. >> Second. I second that. All in favor? >> I closed. These must be this one must be found.