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HomeMy WebLinkAbout[02] Minutes - Nov 14 2016 September 13, 2016 Page 1 of 4 Pursuant to due call and notice thereof the Joint Planning Board for the Township and City of St. Joseph met in regular session on Tuesday, September 13, 2016 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Rick Schultz. Members Jerome Salzer, Steve Olson, Bob Loso, Brenda Stanger, Mike Koltes, Hal Undersander. Secretary of the Board Judy Weyrens. Members Absent: Chad Hausmann Others Present: Duanne Pfannenstein, Lisa Pfannenstein, Jean Karnik, Jeff Karnik, Ralph Eiynck, Ed Merkling, Louis Merkling, Mark Bromenschenkel, Peter Rothfork, John Pederson, Richard Pfannenstein, Anne Meyer, Jes Westbrock, John Pederson, Approve Minutes: Salzer made a motion to approve the minutes of July 12, 2016; seconded by Schultz and passed unanimously by those present. Public Hearing, Administrative Subdivision Request, Burlington Northern: Chair Schultz called the public hearing to order to which Weyrens stated the purpose of the hearing is to consider an administrative subdivision to split approximately 4 acres for non-building purposes submitted by Stearns County on behalf of Burlington Northern, Fort Worth, TX. The request for administrative subdivision is in accordance with Stearns County Subdivision Ordinance#230 and according to the Memorandum of Understanding between the City of St. Joseph, Township of St. Joseph and Stearns County. Weyrens stated the subdivision request is specifically for the extension of the Wobegon Trail from St. Joseph to St. Cloud and does not confer or grant development rights.When questioned when the trail will be constructed, Weyrens responded that construction is anticipated in 2018. Schultz opened the public hearing. As no one present wished to speak Schultz closed the public hearing. Stanger made a motion authorizing the Joint Planning Board Chair and Joint Planning Board Secretary to execute the Certificate of Compliance for the administrative subdivision as requested by Stearns County on behalf of Burlington Northern. The motion was seconded by Salzer and passed unanimously by those present. Public Hearing, Interim Use Permit, St. Joseph Sand &Gravel: Chair Schultz called the hearing to order to which Weyrens stated the purpose of the hearing is to consider an interim use permit submitted by Melrose Associates, Inc. and St. Joseph Sand &Gravel.The request for an interim use permit is in accordance with Sections 4.18, 7.17, and 9.15.7 E of the Stearns County Land Use and Zoning Ordinance#439 and according to the Memorandum of Understanding between the City of St. Joseph, Township of St. Joseph and Stearns County.The request is to operate a gravel mining operation on an additional 19.04 acres, for a total of approximately 38 acres. Weyrens clarified that St. Joe Sand and Gravel includes two components, the asphalt plant and the mining. The meeting at this time is focusing on the expansion of the mining operation. Information has been provided illustrating the expansion area. In additional, Weyrens stated that the gravel and sand pit is a grandfathered use. Ed Merkling, 31125 CR2 spoke in opposition to the projet. Had stated that he had several questions, which are summarized below. • How is the subject property guided in the City Comprehensive Plan. Weyrens responded that it is anticipated that the property abutting CR 2 will be commercial in nature with the majority of the property guided for low density residential. • Questioned how close the gravel pit will go to County Road 2. Mike Deutz, St. Joseph Sand& Gravel:Deutz stated the distance would be about 200 feet from County Road 2. • Questioned how the expansion of the gravel pit will affect the taxes and valuations of the property. September 13, 2016 Page 2 of 4 Weyrens stated the market determines tax values and the Board cannot answer that question. • Questioned how the gravel pit will affect the northern alignment of County Road 2. Weyrens stated that once that area is developed the City will work with the property owners to obtain road right-of-way. Schultz stated the alignment that the APO currently has is what is set in place. • Questioned if a residential development or a gravel pit would bring more money to the city or township. Stanger stated it depends on what is in the development and the values put on potential homes.Additionally there are taxes assessed on the amount of gravel mined from the property. • Questioned how deep the gravel pit will be and what impacts it will have on stormwater. Deutz stated he cannot recall the depth of the gravel pit and doesn't believe there will be water impacts due to berms that are built around the pits required by law.Additionally, safety measures are taken to have any toxic materials stores in a secured location as required by the regulatory organizations. Deutz added that the wells used for the turkey barns have had no contamination. Deutz stated that the expansion is going to be a completely separate pit from the existing one. The parcels have two separate identification numbers. Deutz stated that if a spill were to occur, there are measures taken to contain that in a specific location. The plans are to stay 3 feet above the water table. Merkling stated he has traveled the road for 37 years and this year he has experienced the most traffic. He further added that he never thought there would be an expansion of a gravel pit to within 200 feet of County Road 2 and so close to the City limits. Deutz reiterated that the south pit is a grandfathered use and while it was operating 24 hours a day, they have changed the hours based on a complaint. He further stated that he takes pride in his properties and routinely sweeps CR 2 to remove and debris and he has recently paved the driveway to the pit to minimize debris. Pete Rothfork, Melrose Associates: approached the Board as part owner of the property. Rothfork stated the gravel from the North pit will be consumed by Amcon Block and Borgert and they anticipate approximately ten trucks loading per day. Rothfork stated with the expansion of the pit will help supply the local vendors who are seeking product and also add jobs to these same companies. With regard to water quality, he takes that seriously as the birds in the turkey barns rely on good water and he has not had any issues. Rothford stated it is his opinion that the best use for the subject property is a gravel pit. Duane Pfannenstein, 31247 County Rd 2 approached the Board in support of the conditional use permit. Pfannenstein stated that he is as an adjacent land owner and has no issues with the pit expansion. He added that prior to Deutz obtaining the pit, it was full of garbage. Pfannenstein stated the Deutz paid to have the pit cleaned up. Pfannenstein stated that he received the hearing notice from the City but did not receive the additional information that was sent to other nearby property owners form an unknown sender. Pfannenstein supports the expansion of the pit as Deutz has always maintained the pit and the road leading into the pit. John Pederson, 2817— 15t"Ave S, St. Cloud approached the Board as the Director of Operations as Amcon Block. Pederson stated the last thing his company wants is for a landowner to not be taking care of a property they are doing business with. Pederson stated this is the third gravel pit Amcon will be partnering with. Pederson added the landowners have done more than any other landowner they have worked with as far as trying to please neighboring landowners. September 13, 2016 Page 3 of 4 Joe Stoke 14131 — 105th Ave NE, Foley approached the Board stating that there are only certain areas throughout the state where aggregate can be found. The location of St. Joseph Sand & Gravel is one of those prime areas for aggregate. As no one else present wished to speak, Schultz closed the public hearing. Stanger questioned if there were any existing complaints regarding the existing pit. Weyrens stated that all concerns that were brought forward were addressed. Deutz stated he had an exceptional year. Materials for three large local projects were provided from the pit. Deutz added he has spoken with the County Engineer and City Public Works Director in order to work towards continuing on being a good neighbor. Deutz stated it is hard to say how much truck traffic will increase with the second pit as it is based on demand. Mark Thompson clarified that the amount of trucks going in and out would be about three loads per hour through an 8 hour period. Thomspon added that the cleansing of the materials that come out of the North pit could cause contamination. Stoke stated that when washing the material, nothing is added,just water is used. Stoke added that water is pumped out of the pond continuously and them deposited into another pond, creating a cycle. No additional water is needed for the North pit. Stoke added that they need to apply with the DNR stating how much water will be used throughout the year that needs to be approved by the DNR in advance. Thompson questioned whether the berm along County Road 2 will be created from the top soil that is removed from the rest of the lot. Deutz stated that the top soil will go around the perimeter of the property and the berm will be a minimum of 10 feet. Loso questioned what the reclaiming process will look like on the North pit. Deutz stated the reclaiming process is monitored through Stearns County and all details were included in the application to the County. Weyrens stated there are findings included in the packet and the Joint Planning Board can modify the findings if need be. The major concern has been the hours of operation, which have been listed to start at 7 AM. Deutz questioned if the hours would limit the operators from preparing the machinery or site before 7 AM. Thompson and Schultz expressed concern with noise if the pit begins mining operations at 6 AM. By consensus the Board agreed that the months of operation and hours relate to production. Their property can conduct routine maintenance on equipment prior to 7 AM, but audible noise are limited to begin at 7 AM. Salzer made a motion authorizing the Chair and Secretary of the Joint Planning Board to execute the Findings of Fact granting an Interim Use Permit to allow for the operation of mining sand and gravel as submitted by St. Joseph Sand and Gravel, LLC and Melrose Associates, Inc contingent upon the following.The motion was seconded by Loso and passed unanimously by those present. 1. Months of Operation: April 1 —November 30 (Refers to production,hauling will occur year round) 2. Hours of Operation: Monday—Friday: 7AM to 8 PM Saturdays: 8 AM to 2 PM Sundays and Holidays: Operation not allowed 3. Expiration of IUP: The IUP will expire on September 19, 2021; renewable for 5 additional years upon approval by the Joint Planning Board. 4. Secure Load: Trucks hauling shall secure their load. Dirt, gravel, sand, excess material shall be cleaned from the public roadway. 5. Financial Guarantee: The applicant shall submit a financial guarantee in the amount of $95,000 to guarantee reclamation of cleanup. 6. Signage: a. Truck Hauling signs are required during times of hauling. September 13, 2016 Page 4 of 4 b. Signs shall be placed at the entrance showing the name and telephone number of the property owner, site operator and hauling contractor. 7. The administrative subdivision that was approved by the St. Joseph Joint Planning Board on July 12, 2016,for the Subject Property shall be recorded prior to beginning mining operation. 8. Required Permits: The applicants is responsible for obtaining all required Federal, State, and Local permits and provide copies to the Joint Board Secretary(City Offices). 9. The applicant shall submit a copy of the MPCA Industrial Stormwater Permit and spill containment plan for the site(or formal evidence of exemption of permit coverage from the MPCA). 10. The applicant shall submit plans for processing of recycled construction materials (ex. Concrete, asphalt, etc.)or concrete washout operations on site. Best Management Practices (BMP)shall be followed and a BMP plan shall be submitted to the Joint Planning Board Secretary(City Offices). 11. The Reclamation plan shall include the entire site and final grades.A revised detailed plan shall be submitted to the Joint Planning Board Secretary prior to beginning mining operation. 12. The Setbacks are as follows: Processing: 100 feet from property line, 500 feet from residential dwelling. Mining: 30 feet from property line, 200 feet form residential dwelling and 200 feet from river. 13. Access roads shall be paved or otherwise maintained to control dust; shall be clearly signed; shall minimize deposit of materials from trucks onto public roads. 14. Weeds and other unsightly or noxious vegetation shall be controlled and comply with MN Statutes, section 18.191; or successor statute. 15. Dust shall be controlled 16. Property owner shall construct a berm no less than 10 feet in height along the eastern border. Adiourn: Loso made a motion to adjourn; seconded by Salzer and passed unanimously by those present. Rick Schultz Judy Weyrens Joint Board Chair Joint Board SecretaryTHIS PAGE INTENTIONALLY LEFT BLANK