WRIGHT COUNTY PLANNING COMMISSION. Meeting of: January 15, M I N U T E S (Informational)

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1 WRIGHT COUNTY PLANNING COMMISSION M I N U T E S (Informational) The Wright County Planning Commission met January 15, 2015 in the County Commissioners Board Room at the Wright County Government Center, Buffalo, Minnesota. Sean Riley, Planning & Zoning Administrator, acting as Chairman pro-tem, called the first meeting of the year to order at 7:30 p.m. Board members present were: David Pederson, Charlie Borrell, Dan Mol, Jan Thompson, Ken Felger, Dave Thompson and Dan Bravinder. Assistant County Attorney, Greg Kryzer, was legal counsel present. Organizational items were acted on. ORGANIZATIONAL ITEMS: Riley opened nominations for 2015 Chair: A nomination was made by Pederson to elect Dan Mol as Chair. Bravinder seconded the nomination. Hearing no further nominations a unanimous ballot was cast for Dan Mol. Mol assumed the Chair and called for nominations to elect a 2015 Vice-Chair. Borrell nominated Felger, Pederson seconded the motion. Hearing no further nominations, a unanimous ballot was cast to elect Felger, Vice Chairman. Meeting dates and times: Riley noted the Commission members discussed and reviewed a meeting date calendar late last year. If it is acceptable, the schedule can be adopted. Borrell stated Felger had suggested starting the meetings earlier. Felger asked if the Commission would consider splitting the calendar using a later start time during daylight savings time. This would give people a little more time to enjoy their evenings during the summer months. The meeting could be scheduled at 8:00 during those months and winter start the meeting at 7-7:30 p.m. Mol asked the Commission members for their thoughts. Some debate on the pros and cons followed. Riley indicated his only concern is logistics. Mol noted it would work, but if the start time is not consistent it could be confusing for the public. Felger corresponding with the day-light savings month he would suggest 8:00 during the summer and 7:00 during the winter. Some members indicated they would prefer earlier start times and not change the time. Mol indicated a 7:00 start time would be pushing it for him. Borrell felt it may be best to leave the 7:30 start time for this year and give it further consideration next year. On a motion by Borrell, seconded by D. Thompson, a unanimous vote was cast to adopt the dates as distributed on the meeting calendar with a start time of 7:30 p.m. Riley suggested if a meeting is going to be cancelled it be done by a majority vote, or in the event of weather or emergency he would contact the Chair to make that determination. On a motion by J. Thompson, seconded by Bravinder, all voted that any meeting may be canceled by a majority vote of the Commission, or by the Chairman in the case of severe weather conditions or other emergency. MINUTES On a motion by D. Thompson, seconded by Felger, all voted to accept the minutes for the December 11, 2014 meeting as printed.

2 P a g e 2 1. VONCO OPERATIONS Cont. from 12/11/14 LOCATION: 5420 County Road 37 NE Part of the SW ¼, Section 25; and Gov t Lot 1, except the West chains, Section 36, all in Township 121, Range 25, Wright County, Minnesota. (Pelican Lake - Monticello Twp.) Tax # & Property owner: Holker Petitions for a Conditional Use Permit as regulated in Section 505 & 727 of the Wright County Zoning Ordinance to allow the mining of up to 100,000 yards of clay material within approximately 10 acres to be done in two phases. The material is to be used for off-site projects for the VONCO landfill in Sherburne County. Applicant is req uesting a five- year permit on an as-needed basis. Present Ian Vagle A. Riley presented the location maps of property zoned AG and in the Land Use Plan as Resource Lands. He noted the continuation was to allow for a site inspection. The discussion had focused on the project location and three-year contract with the landowner. B. Vagle offered to answer any questions and was on site at the inspection before Christmas. C. Borrell was unable to attend due to a conflict the day of the inspection and asked for members reaction. J. Thompson stated she is now ready to make a motion as prepared by Staff. Bravinder indicated he is also agreeable. D. Riley referred to Condition #4 that addresses a $3,000 an acre bond. This particular operation will not be an open on-going gravel mine operation but would be reclaimed for farmland. Mol asked if that amount of the bond is adequate. Borrell felt it would be farmed by Holker and should be adequate. E. Felger indications were that this coming spring the project would start. He questioned the haul route. Vagle indicated they would travel CR 37 to State Hwy 25 into Sherburne County. Felger stated he would be concerned if they were to use a minor arterial road (town road) to the north as that would not be adequate to handle this kind of truck traffic. F. Mol called for public comment hearing none, the matter was brought back to the Commission for action. G. J. Thompson moved to approve a Conditional Use Permit for Phase 1 of the project according to the applicant s plans and narrative on the record, with the following conditions: 1) Permit shall expire December 31, 2017 after which time a renewed Conditional Use Permit shall be required if they plan to continue; 2) All conditions of the Highway Department and Wright County Soil & Water Conservation District for access and erosion control shall be followed; 3) No mining shall take place within 200 feet of elevation 954 along the shoreline of Pelican Lake; 4) The applicant shall provide a performance bond from a reliable surety institution in the amount of $3000 for Phase 1 of the project. The purpose of the bond shall be to insure that restoration of the property takes

3 P a g e 3 place in accord with the applicant s plans and in a timely manner. The obligee of the bond shall be Wright County and the bond shall be utilized in the event of any significant violations of the above conditions. The bonding instrument shall be agreed to and filed with the Wright County Planning and Zoning Office before the project commences at the site. Bravinder seconded the motion. VOTE: CARRIED UNANIMOUSLY

4 P a g e 4 2. ROBERT L. LUND New Item LOCATION: TH St. SE W ½ of W ½ of W ½ of NW ¼, and also E ½ of W ½ of W ½ of NW ¼, Section 35, Township 119, Range 25, Wright County, Minnesota. (Cook Lake -Franklin Twp.) Tax # Petitions to rezone acres from AG General Agricultural and S-2 Residential-Recreational Shorelands to A/R Agricultural-Residential and S-2 as regulated in Section 504, 603 & 612 of the Wright County Zoning Ordinance. Rezoning is proposed to allow one residence on the existing parcel that is restricted AG land. Present: Robert Lund A. Riley presented a map to show the location of the property just north of Highway 12. The Land Use Plan map was displayed to show the property is designated Rural-Residential. The two original parcels were noted and have been combined with a division made for the existing building site labeled Parcel A. The balance of the land described as Parcel B is proposed to be zoned A/R Agricultural-Residential to allow a residential building site. There is no division proposed. He drew attention to the wet and flood plain areas on the property. There are high sites on this acreage, but a potential building will have to meet minimum floodplain elevations for the lowest floor, as well as erosion control requirements and setbacks. Town Board approval was received. B. Felger asked if the property was restricted because of the division in the southwest corner. Riley explained the property is currently zoned AG and property had no more entitlements, regardless if the house was split off or not. The only way to get a second house is to rezone to A/R. Rezoning will give the balance of the land the right to build a house on it. C. Mol asked how many acres are tillable. Lund estimated 18 acres. D. Riley noted a rezoning is a major step, although the Plan is Rural-Residential it is not a given and he referred the Commission to the criteria. There is shoreland, but the Commission is looking at whether it is suited to an increase in density. This parcel could also be looked at as a working farm with some tillable. He could not say what would become of the farmland and is beyond the Board s control. E. Mol opened the hearing up for public comment. No one came forward and discussion returned to the Commission. F. Felger moved to recommend approval of the rezoning of acres from General Agriculture (AG) & Residential-Recreational Shoreland (S-2) to Agricultural-Residential (A/R) & Residential-Recreational Shoreland (S-2) to the County Board because it complies with the Land Use Plan Map and the Township approves. This rezoning will allow for one building site on the property and when developed will need to conform to floodplain and erosion control requirements. Borrell seconded the motion. VOTE: CARRIED UNANIMOUSLY

5 P a g e 5 3. MICHAEL F. DORNER New Item L OCATION: 3974 State Hwy. 55 SE- Part of SE ¼ of NE ¼, Section 15, Township 119, Range 25, Wright County, MN. Rockford Twp. Tax # Owner: Hallberg Petitions for a Conditional Use Permit to lease a portion of the buildings to locate a used car sales and auto repair as regulated in Section 608 of the Wright County Zoning Ordinance. Present: Michael Dorner A. Riley located the property east of Buffalo on State Highway 55. Zoning map was displayed to show the property is Highway Business (B-1). The property has been before the Commission for this use and he noted the original buildings were built for this purpose from the beginning. This Conditional Use Permit is requested to allow a second auto dealership out the primary building. The applicant also does auto repairs. The State will not issue a dealership license without the proper Conditional Use Permit from the County. B. Dorner stated he is moving his business from Inver Grove Heights. The City has purchased that property for a park. He has been in this business for 35 years and the permit is part of what he needs to satisfy the State. C. Pederson asked if the building has been setup for this kind of business. Dorner replied yes. There are the proper floor drains, a hoist and oil disposal systems in place. He explained Hallberg is in the front of the building and he plans to lease the back. He would also operate auto repair and he sells and buys cars. His inventory turns over fast enough that he does not need a display area. He explained his entrance will be to the east side of the building and is separate from Hallberg s. D. Borrell noted Staff has suggested a condition that all cars outside must be licensed and operable and questioned if the applicant can comply with that? Dorner stated there will be cars outside, but they only have a temporary license. No dealerships register them before they are sold. Riley explained the condition is to ensure the cars sitting there are fully operable on the road and the temporary license meets the requirement. Dorner explained he currently has a larger inventory then he expects to have here because he is moving between locations and his current site is a larger site. E. Bravinder moved to approve a conditional use permit in accord with plans on file to allow a n automotive sales and repair shop with the conditions that: 1) Signage must conform to the current sign regulations; and 2) All cars outside must be licensed and operable. D. Thompson seconded the motion. DISCUSSION: Felger pointed out that the Township recommends a two year review. He asked how that is handled and whether the applicant has to come back to the Commission to renew the CUP? Riley explained that is handled at the Township level and they report back as to whether there have been complaints and the business is operating within the conditions set. Mol asked if that should be in the motion. Kryzer advised that would be best to make sure it happens. Bravinder amended his motion, D. Thompson his second to include the condi tion: The Town Board reviews the permit in two years. VOTE: CARRIED UNANIMOUSLY

6 P a g e 6 4. KNIFE RIVER CORP. NORTH CENTRAL New Item LOCATION: 4301 County Road 39 NW S l/2 of NW l/4 of SE l/4 and S l/2 of NE l/4 of SE l/4 and S l/2 of SE l/4 and N l/2 of NW l/4 of SE l/4, Section 8, Township 121, Range 26, Wright County, Minnesota. (Silver Creek Twp.) Tax # Owners: Naaktgeboren/Jaeger Petitions for a Conditional Use Permit to allow continuation of the asphalt and mining/processing operations that include an asphalt and wash plant and placement and storage of recycled concrete/bituminous/shingles for the seasons of 2015 & 2016 and allow and a Conditional Use Permit to allow night hauling of materials and operations in the pit for the 2015 construction season that are specific to the TH 25 road project as regulated in Section 727 of the Wright County Zoning Ordinance. Present: Mike Puhalla & Jay Emmerich A. Riley reviewed the location of this pit, zoned AG and in the Plan to remain AG. He referred to the 2013 minutes and explained mining was approved for the 2014 construction season. The first part of th e request that the Commission is looking at the specific Conditional Use Permit ( CUP ) for mining for these operations with these conditions as outlined in the Staff Report. In addition to the pit operations, they are asking for night hauling for a S tate Highway 25 project this coming year. The following two agenda items have CUP mining permits in place and the Commission will only be considering a permit to allow night hauling at those locations. B. Emmerich stated they would ask to continue the CUP for the mining and plant as in the past with no changes. In addition, night hauling is required for a job specific bid for the State Highway 25 project that is located from I-94 to 200 south of CR 106. That has a specific time frame from April 20, with a completion date of September 3. They have pits that have specific materials needed for the job and materials go to back. These include sand borrow, Class V and VI that have come out of here along with millings and recycled bituminous. The millings would come back to the Naaktgeboren pit. Mol asked if all the millings would come back to this pit and all the asphalt all come out of this pit. No asphalt plants would run during the night, just loaders and trucks? Emmerich the plant locations still has not been decided; and, he confirmed the plant would not run during night hours. C. Borrell asked about haul roads. Emmerich - they would take CR 39 to State Highway 25 and not use township roads. D. Felger they have made the statement they would not run the asphalt plant at night and he asked if they would produce the asphalt here for night operations. Emmerich stated if there were any night asphalt needed it would come out of St. Cloud, but no asphalt is coming out of this pit except during the day. Borrell asked what they would be taking off? Emmerich answered that the millings are coming off the road and brought to the Naaktgeboren pit and used for road projects in Wright County.

7 P a g e 7 E. Bravinder how much hauling is anticipated an hour? Emmerich estimated the most would be 25 trucks an hour and noted the haul route is only about 10 miles. Bravinder noted that would take about a half hour per load. F. J. Thompson CUP is for the gravel operation and she asked if that is all they are considering? Riley they have applied for renewal of the pit operations they were granted in 2013 with the same conditions and they want these hours in addition. The CUP can be granted as in the past, modified and include the night hauling. This can be broken down in parts and could add additional conditions that relate to the night hauling. Emmerich - they are looking at the night hauling as a separate permit and is job specific. Riley asked if that is minor to the rest of the operations. Emmerich - yes, they are talking about only 5-10 haul nights for that job. Mol another consideration is whether they should use a different haul route. A suggestion to use CR 8 to I-94 as that route may not have as much impact to residents. Also, CR 106 is a windy route. Emmerich - that is a minor matter and if it satisfies the concerns to get the project done they would agree. Mol summarized once hauling starts it is about ten days (weather permitting). The Commission can put limitations on the permit and required the applicant contact the County a week in advance. This places a window of time rather than the entire season. Emmerich explained there may be five days in April and possibly another 5 days later if needed. His goal is three nights, but there could be issues that extend that. There may be a lot of traffic and safety issues even with night operations. G. Borrell asked if they presented to the Township that it would only be 5-10 days. Emmerich stated no, it was one of their estimators in Buffalo that attended the Township meeting. Borrell felt that was important for the applicant to inform the Township. H. D. Thompson stated if he reads the bid right, regardless of who the operator is, the project requires night hauling. Emmerich that is right. I. Kryzer asked the type of equipment and would they have a lot of backing up with back-up beepers. Emmerich stated likely be using belly dump and side dump trucks. Legally they are required to have back up alarms on all their equipment and that is a safety issue. J. Chris Klein Township Supervisor present relayed the issues that the citizens brought to them the other night. The representative from Knife River had some different and maybe conflicting information then what was presented tonight. All the neighbors that were present adamantly spoke against night hauling and most had concerns about how Knife River and previously Buffalo Bituminous had operated out of this pit in the past. The noise, odor, soot, black smoke coming off the plant and safety and truck traffic have been problems. He felt the Commission should look at the odor issues and black smoke coming off the plant. A berm around the pit has been taken down. There was a question as to whether there were as many residents around other pits as this one. He did not feel the number of days makes a difference as it puts a big inconvenience and impact on the resident s lifestyle. Putting night operations on top of the other operations going on in this pit is too much to expect of these people. Noted the location of the pit entrance at a down grade and the use of jake brakes amplifies the noise. He questioned if the millings could not be brought back during the daytime hours. He suggested they keep the review period of one

8 P a g e 8 year on the permit because this would give an opportunity for review. The Town Board denied the night time work with the belief the millings and stockpiling could be done during daytime hours. He would suggest the route to CR 8 to I-94 would be a safer and less intrusive route. He would like to see Staff member Deckert, Knife River and Town Board meet at the site to go over some of the concerns. K. Ralph Uecker 40 year resident a half mile from the pit. For the last 20 years there have been issues at this pit. Some issues have improved over time; however, there are still problems. Residents should not have nights of no sleep with trucks going by. The trucks are very noisy. He would like to see the CUP for one year for the pit and deny the night hauling. He understands there are a couple of pits on Hwy. 25 where they can stockpile the material and during the day haul the millings out to this site. Borrell asked the location of his home and Uecker pointed this out on the map. Uecker would prefer the route out to CR 8, but noted other neighbors would not. L. Sandy Knudson submitted a letter from a neighbor, Carlberg and a copy of the Ordinance she would be speaking to letter from was entered for the record. She lives in a residential neighborhood on Silver Lake to the North. The reroute to CR 8 would still impact these residents. She noted the sound carries around the lake. The residents will not get any sleep. She has been attending hearings as well as Uecker for twenty years. The new Commission members are not familiar with the problems. The smell, noise, odor and discoloration of their homes are some they have had to deal with. Concurred a one-year review is important to monitor operations. She asked the Commission consider not allowing a CUP for an asphalt plant as it is an additional burden and it is the Commission s responsibility to consider the affect on them. She pointed out the Ordinance in her document submitted where it states extended hours beyond 7 a.m. 7 p.m. only be granted for public or private emergency. She asked who s emergency, the applicant has indicated it is only a few days. This will be very disruptive and asked they deny the 24-hour operation as it will be loud and disruptive. A previous request for a 24-hour operation was requested by Buffalo Bituminous for a Hwy. 55 project and it was denied. She thanked the County for that and asked they deny this. It is not the Commission s responsibility to consider their profit margins or logistics of operations of their plant. It is their stated purpose to protect the citizens. She implored the Commission to consider denying the 24-hour operation, future asphalt plants and grant the CUP for mining for one year. M. Riley stated the last exhibit in the packet is a copy of the letter they were given from Tammy Carlberg. N. Wayne Luetgers lives directly across from the pit. He agrees with S. Knudson s comments. Opposed to night operations as residents need their sleep. The sound of night beepers will be heard into Silver Creek. He can tolerate days but not nights. O. Del Aleckson resident across the pit. The operation is very imposing during the hours 7-7 and there are trucks coming in after 7 p.m. because he hears the banging of the tail gates and banging out the back of the trucks. Do not want to see operations 24 hours and feel the residents have given up too much already. This is an agricultural and residential area and not industrial zone. At Borrell s request he pointed out his house 800 from the pit.

9 P a g e 9 P. Tom Knudson lives on Ellingwood with his wife, Sandy, who spoke prior the concern with night operations is Buffalo Bituminous is how operations keep evolving. They wanted to put a black top plant 17 years ago for one week. Next season they asked for the year and PC gave it to avoid a lawsuit. The next season the Township gave them a season off, that never came. Operations were expanded and they were given four Saturdays; until now they are up to seven Saturdays. There is no reason for night operations here when they have two pits on the State Highway. Currently there is a large mound of crushed asphalt hauled here from St. Cloud. He suggested they finish two of the four lanes and then finish the other two. Q. Mark Remeder North side of Silver Lake he would reiterate the concerns expressed. How the trucks get to the job is not his concern, but the concentration of noise. The operations have been shut down because they cannot manage the odor problems. He felt they can manage to operate without the night operations and limit the mining permit to one year. R. Don Mueller lives next to Knudson. The smell is his concern and the toxic smoke. Years ago they asked bags be installed on the plants. They have done that, but have to remind the Township to make sure they are cleaning the bags. He does not want to hear night truck traffic or the back up beepers, he needs his sleep. S. S. Knudson wanted to add John Jones was unable to attend and is involved in the Environmental School that has been approved on adjacent property. The Commission should be aware and noted that this is hardly compatible to that use. The concern with water quality is an issue. T. D. Thompson asked S. Knudson if she recalled why the night hauling did not get approved in the past. He asked how the project got done. S. Knudson stated she could not say. Riley stated he would have to research the operation. He noted sometimes applications are dropped when it appears it will not be approved. He could research that question. U. Felger asked the Township Supervisor about the odor control compliance. C. Klein has not received complaints on odor the last two years. He does know one of the Supervisors had gone down and talked to them about it. Mike Ludenia Township Chairman lives on CR 8 and he has no recollection of that. He agreed CR 8 would be a better route and noted that road gets a lot of traffic. He agreed the night operation is not good but if allowed, would suggest for safety reasons, they take the route to CR 8 even though it goes by him. CR 39 is not a good route for the number of trucks. The odor he cannot speak to but feels it is better now that Knife River is operating out there. V. Emmerich spoke to the odor and this is the only pit in the State they have used an additive. At quite an expense, it has been used over the past four years to mitigate odor. W. Mol asked about complaints in the last 2-3 years. Emmerich he was not aware of any. Riley Staff have not received any recently. The issues have been directed to the Town Board. Some of these issues are addressed by the PCA. Emmerich everything they do is regulated by the PCA and there are inspections. They have won awards from the State on their operations and they take a lot of pride in what they do. Regulations have changed since the 1990 s when he started in the business. It is their business and they follow those

10 P a g e 10 regulations to avoid fines. X. T. Knudson used to call the Zoning Administrator and Town Board when there were problems. He did not agree this is an award winning operation. Coming down over the hill, or down on the lake and they can see the grey cloud. Residents quit calling when there are not results. By the time the PCA gets out there the cloud has dissipated. The County is too afraid of being sued. Y. C. Klein the safety concerns have improved. In the past, hauling in and out they have tracked a lot of material out onto the county road. This creates a safety concern and at their request, they have a sweeper on site and keep the road cleaned off. The Company has been aware of the problem and tried to address it. Borrell he is three miles from a large dairy and six nights last summer he would not want to be outdoors and understand during certain weather conditions makes it worse. He understands the concern with backup beepers. He questioned if there is a way to operate to reduce that sound. Emmerich they can, but the loader is going back and forth. A truck can be driven differently and they are willing to look at a different haul route. They cannot put the safety of people in jeopardy. C. Klein location of plant was noted and asked if there might be a different location. Emmerich agreed they can look at that, although he cannot guarantee anything. He agreed to notice the Township and County before they start night hauling. Z. Ralph Uecker the representative at the Town Board meeting had told them days, some nights may only be a few hours and some might be all night. He suggested stock piling elsewhere; and it would likely only be a couple days to transport it here during daytime hours. If the Commission allows nights for this job, it will be something they will be back again and again for. They have worked for years with the Commission and Town Board to get some improvements. An asphalt plant is a difficult thing. The beepers will be heard for miles away and will be a nuisance. The neighbors should not have to pay for this. The Company took the job and should figure out how to do it without coming in at night. AA. Mol asked the Commission if they want to loo k at the area. Borrell is fa miliar with the CR 8 route and intersection. He has not been in the pit ; the berm mentioned is something he needs to see. Fe lger noted Klein came to the To w n Board meeting with different information and suggested the Town Board and these representative meet and resolve any of these issues if they are an outstanding concern. Klein no disagreement but discrepancy on number of hours they would be hauling. He did not know if it were necessary. A site visit would be helpful. J. Thompson asked if there would be 25 trucks hauling out for up to 12 days. Emmerich that would be the worse case scenario. J. Thompson the other two pits would be doing some of the same work. Emmerich those pits have different materials. AB. Borrell moved to continue the hearing to February 12, 2015 for a site visit. J. Thompson seconded the motion. DISCUSSION: Felger asked if the public hearing is closed. Kryzer indicated the public hearing would be kept open for further discussion unless they close it. Discussion followed. VOTE: CARRIED UNANIMOUSLY

11 P a g e KNIFE RIVER CORP. NORTH CENTRAL New Item LOCATION: SE ¼ west if the right of way of State Highway 25, except, Section 5, and small parcel west of road right of way, Section 4, all in Township 120, Range 25, Wright County, Minnesota. (Buffalo Twp.) Tax # ; & Property owners: Wm. & Cynthia Holthaus Petitions for a Conditional Use Permit to allow night hauling of materials and operations in the pit for the 2015 construction season that are specific to the TH 25 road project as regulated in Section 727 of the Wright County Zoning Ordinance. (Current mining permit expires end of 2020 season.) Present: Mike Puhalla & Jay Emmerich A. Riley displayed map s to show the location of the pit that has a Conditional Use Permit (CUP) for mining operations. The proposed CUP applies to night hauling and operations in the pit but not a hot-mix plant. The permit issued for mining has been attached to the Staff Report. The proposed State contract for the State Hwy 25 project this year is the reason for the request. Town Board approval was received and a couple written responses att ached to the Staff Report. This pit and the next item on the agenda are across the State Highway from each other. The residential neighborhood adjacent was noted. B. Emmerich stated this pit (Elmore pit) along with the one across the highway will provide material for the base for this project. Mol asked how long those base operations would take. Emmerich expects a couple weeks in the early spring. Explanation was given on the different steps to the operation. All three pits provide different materials used in the phasing of the project. C. Felger asked what would be done at the Elmore pit. Emmerich stated the excess grading material would come to the Elmore pit for reclamation on the back side. Felger asked if the material from Holthaus pit will be hauled up to the job site. Emmerich further explained the different trucks and time frames to complete each step. This is not a continuous operation, noting the compacting, testing by MN DOT, etc. F e l ger asked if any of the operations and materials hauled in and out happen simultaneously. In the previous hearing, residents asked why the millings could not be stockpiled in one of these pits. Is it possible those hauls can include a haul out of the pit with millings hauled back. Emmerich indicated that might work for a project length of 10 miles, but this is only about one mile. There will be several different contractors working at the project site. Discussion followed on the logistics. Emmerich explained they might eliminate traffic in one area only to add it to another creating another safety concern. D. T. Knudson did not feel there was any reason they should have to put up with the night hauling when there are two other pits just down from the project. E. Tom Frenette neighbor to the Holthaus pit questioned if the Company is allowed to store any materials here. Emmerich stated he was not certain i f the CUP allows the storage of millings at the Holthaus pit. Riley indicated the CUP may have to be revised to allow that and it was not part of the notice to the Town Board or neighborhood. The Elmore pit may be the same situation, even though there has been more activity in the

12 P a g e 12 Elmore pit. Frenette was certain none of the residents would want this activity. F. J. Thompson asked if the 17 acres at the Elmore pit was all mined out. Emmerich stated the location of the old homesite is what is left. Riley noted the mining permit for the Elmore pit was recently extended. All activities would have to comply with that recent CUP, but are asking to extend hours during the night. Emmerich plans include bring ing the excess granular material from the job site back here to use in the reclamation in the northwest corner. J. Thompson asked if the material in the Elmore pit will be used? Emmerich stated the material is not the same quality and the Class VI product would come out of the Holthaus pit across the highway. G. Dave Henson was opposed to hauling in here at night. He questioned the access onto CR 113 as this was a problem in the past; and would the hauling take place over two weeks. Emmerich explained it would not be two weeks straight out of the pit, but intermittently between the two pits. MN DOT looks at traffic and safety and determine s when the work can be done. H. Mol questioned the recent permit issued to the Elmore pit and what was allowed. Riley indicated there was no hot-mix plant allowed or millings. Pederson felt the millings will be a large quan t ity. He questioned whether it was feasible to haul them to one pit and then hauling out to the Naaktgeboren pit during the day. I. Town Board approval was given. Riley suggested the Commission might want to visit the Naaktgeboren pit and there is no harm in continuing these requests to February to consider what activities should go on in each pit. The night time activity could be a couple nights in April or May and he suggested the applicant could submit in writing something more definite on the haul times before the next meeting. Mol asked if the applicant should not go back to the Township for them to consider storing material at one of the two pits in Buffalo Township. Borrell indicated another option would be to give five nights at the Naaktgeboren pit, no more. If more is needed, they would have to haul the millings to one of the other two pits. J. Bravinder in his experience with the logistics of these operations it would not make sense to haul into one pit and put more truck traffic on the roads to bring it to the Naaktgeboren pit during the day. Understand this will be painful from some residents, but felt they should get it done as quickly as possible to reduce the impact to these people. K. Riley could not speak to the issues at the Silver Creek pit in regards to the hot mix, berm and the Company will need to keep the County road clean of debris and look at a potential location of the plan in the pit. If night time hours are allowed, he suggest s they make the time frame as tight as possible. There have been a number of issues at that pit. L. J. Thompson moved to continue the hearing to February 12, 2015 to allow for an opportunity to view the Naaktgeboren pit and consider impacts to both sites and see how the project can be completed as quickly as possible. Borrell seconded the motion.

13 P a g e 13 DISCUSSION: Pederson felt if it is determined they cannot stockpile at the Elmore pit, they would be just considering the night-time operations. Noting there are separate issues with these two pits and the Naaktgeboren pit. Felger added, relative to Pederson s concern they don t want to jeopardize action on these two pits for lack of action at the Naaktgeboren pit. The applicant should see if the Elmore and Holthaus pits could help mitigate with the problems experienced at the Naaktgeboren pit. VOTE: CARRIED UNANIMOUSLY

14 P a g e KNIFE RIVER CORP. NORTH CENTRAL New Item LOCATION: 5856 State Hwy. 25 NE South 500 feet of North 970 feet of West 660 feet of NW ¼ of NW 1/4 lying east of easterly right of way line of State Highway 25, Section 4, Township 120, Range 25, Wright County, Minnesota. (Buffalo Twp.) Tax # & Petitions for a Conditional Use Permit to allow night hauling of materials and operations in the pit for the 2015 construction season that are specific to the TH 25 road project as regulated in Section 727 of the Wright County Zoning Ordinance. (Current mining permit expires end of 2020 season.) Present: Mike Puhalla & Jay Emmerich A. Riley presented the map show the pit location in relation to the previous item. Same two written responses were received for this item. B. Kryzer noted for the record that the discussion from the previous item on the agenda, #5 is part of the record for this request. The hearing should be opened for any public comment. C. Ralph Uecker speaking for the residents in Silver Creek Township, asked the Commission to remember how the residents are impacted. Silver Creek residents have been exposed to the bituminous plant and other issues for a long time and the impacts could be split between the locations. He questioned the number of residents at the two pits in Buffalo Township in comparison to the Naaktgeboren pit. He is not suggesting the haul road be detoured past his neighbors. D. Tom Frenette - felt the Commission should keep operations at one location rather than disturb another neighborhood. E. Pederson noted this is a difficult situation. State Highway 25 has been an issue for a long time and needs to be taken care of. There have been many accidents at the intersection of CR 106 & State Hwy. 25. Everyone uses the roads and what it comes down to is gravel operations will be near someone s home. F. Borrell moved to continue the hearing to February 12, 2015 for further consideration. Bravinder seconded the motion. VOTE: CARRIED UANINMOUSLY

15 P a g e ADVANCED DISPOSAL SERVICES ROLLING HILLS LANDFILL INC. New Item LOCATION: 175 County Road 37 NE W ½ of SW ¼; part of SW ¼ of NW ¼, lying south of County Road 37; part of NE ¼ and part of SE ¼ of NW ¼; lying south of County Road 37; also N ½ of SE 1/4, all in Section 31, Township 121, Range 25, Wright County, Minnesota. (Monticello Twp.) Tax # ; & APPLICANT: MICHAEL NIEWIND Petitions to rezone approximately 323 acres from AG General Agricultural to I-1 General Industry as regulated in Section 504, 604 & 610 of the Wright County Zoning Ordinance. Present: Applicant not present A. Riley explained the applicant asked the hearing be delayed and Staff published this in the paper and posted this on the web site along with neighbor notices so a large number of people would not show up. Continuation to February 12, 2015 is in order. B. On a motion by J. Thompson, seconded by Felger, all voted to continue the hearing to February 12, 2015 as requested by the applicant. VOTE: CARRIED UNANIMOUSLY SITE INSPECTION On a motion by Borrell, seconded by Bravinder, all voted to set the site inspection for Friday, February 6 at 1:00 p.m. Commission members to meet at the Public Works Building. Meeting adjourned at 9:50 p.m. Respectfully submitted, Sean Riley Planning & Zoning Administrator SR:tp cc: Planning Commission Kryzer Twp. Clerks