AGENDA September 19, :30 P.M. (Doors open at 6:45 p.m.)

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1 NICOLLET COUNTY PLANNING & ZONING ADVISORY COMMISSION GOVERNMENT CENTER COUNTY BOARD ROOM 501 SOUTH MINNESOTA AVENUE SAINT PETER MINNESOTA CALL TO ORDER ROLL CALL AGENDA September 19, :30 P.M. (Doors open at 6:45 p.m.) REVIEW OF CANCELLATIONS & ADDITIONS APPROVAL OF MINUTES: August 15, 2016 PUBLIC APPEARANCES NEW BUSINESS Mitch Davis Presentation OLD BUSINESS OTHER BUSINESS REVIEW OF PERMITS COMMUNICATIONS: ADJOURN

2 OFFICIAL MINUTES OF THE PLANNING & ZONING ADVISORY COMMISSION COUNTY OF NICOLLET Met Monday August 15, 2016 at 7:45 p.m. in the County Board Room of the Nicollet County Government Center in Saint Peter, Minnesota. PC PRESENT: STAFF PRESENT: Chair Marv Gieseke, and Planning Commissioners (PC) Jason Enter, Gary Miller, David Hermanson, Mike McCarty, David Wendinger, and Commissioner BC Marie Dranttel Deputy Zoning Administrator (DZA) Jon Hammel, Property and Public Services Director Mandy Landkamer, Assistant County Attorney (ACA) Mark Thompson, and Recording Secretary Paula Krook The meeting was convened at 7:48 p.m., recessed at 7:48 p.m. and reconvened at 8:25 p.m., upon adjournment of the Board of Adjustment and Appeals meeting. REVIEW OF CANCELLATIONS & ADDITIONS APPROVAL OF MINUTES Wendinger made a motion, and McCarty seconded, to approve the minutes of July 18, The motion carried unanimously. BY-LAWS DZA Hammel explained the proposed By-Laws were quite similar to the Board of Adjustment and Appeals By-Laws. Most of the changes were grammatical. McCarty inquired about Subsection 1.6, Quorum, and the replacement of shall with will. ACA Thompson explained the meaning is not changing. It s more about the language being consistent throughout the document. Director Landkamer said the reason for the changes is the plain language directive, which originated with the federal government and has filtered down through the state to the county level. The intent is to get away from legal jargon and use language everyone can understand. ACA Thompson said shall and will are a requirement, and may is permissive. Upon a motion by Miller, seconded by Wendinger, it was moved to approve the By-Laws as proposed. The motion carried unanimously. PUBLIC APPEARANCES

3 PUBLIC HEARINGS 1. Request C Dirt Merchants, Inc. submitted a request for a conditional use permit to renew a mineral extraction permit to mine, crush, and stockpile gravel, and locate a bituminous/concrete batch-plant and portable wash plant onsite on property owned by Eveline Drill & Kenneth Drill located in the E1/2 of the SW1/4 and Part of the SE1/4 of the NW1/4 of Section of Courtland Township. This is in the Conservancy and Agricultural Preservation Shoreland Zoning Districts. Staff Report The staff report was submitted therein and incorporated by reference into these minutes. DZA Hammel presented a PowerPoint review of the request. Staff received one comment from adjacent landowner Marvin Drill, who expressed concern about setbacks, access road safety, and access to his property. Applicant/Representative s Comment Bryan Bode (President, Dirt Merchants, Inc.) was present. He asked about the County gravel tax and whether or not the tax is to cover applications for dust control. Director Landkamer said she would speak with Mr. Bode after the meeting concerning the gravel tax. Public Testimony Motion Miller made a motion, seconded by Enter, to recommend approval of the aforementioned request of Dirt Merchants, Inc. for a conditional use permit to renew a mineral extraction permit to mine, crush, and stockpile gravel, and locate a bituminous/concrete batch-plant and portable wash plant onsite, with the following conditions: 1. The applicant shall undertake the project according to the plans and specifications submitted to the county with the application. 2. The permit will be periodically reviewed by the county to assure compliance with the permit and permit conditions. 3. The county may enter onto the premises at reasonable times and in a reasonable manner to ensure the permit holder is in compliance with the conditions and all other applicable statues, rules, and ordinances. 4. The conditional use permit to mine, crush, and stockpile gravel and locate a bituminous asphalt plant and a portable wash plant onsite be reviewed in August The bond shall be amended as needed to cover the amount of actively mined acres and not yet reclaimed acres. The bond must be kept in force during the time of operation.

4 6. A continuation certificate of the bond shall be sent to the Property Services Division with no lapse in time during the course of this permit. 7. Further placement of a temporary bituminous asphalt or concrete batch plant onsite during a construction season shall require a zoning permit. 8. The contractor shall take the appropriate action to minimize the dust on the road from hauling. 9. The applicant shall obtain a National Pollutant Discharge Elimination System permit from the Minnesota Pollution Control Agency. Commission s Discussion Miller asked about the reclamation plan, and whether it should be in writing that the intent is to bring it back to agricultural production. DZA Hammel said it was not uncommon for some of the older pits to not have reclamation plans. He noted something in writing could be obtained. Criteria for Granting a Conditional Use Permit All of the answers on the Criteria for Granting a Conditional Use Permit were yes. Vote The motion to recommend approval of the aforementioned request of Dirt Merchants, Inc. for a conditional use permit to renew a mineral extraction permit, carried unanimously. Motion to Adopt the Findings Wendinger made a motion, and McCarty seconded, to adopt the findings. Vote The motion to adopt the findings for Dirt Merchants, Inc. for a conditional use permit to renew a mineral extraction permit, carried unanimously. OLD BUSINESS OTHER BUSINESS REVIEW OF PERMITS The Commission reviewed and discussed the permits/activities for the month of July COMMUNICATIONS

5 ADJOURN There being no further business, McCarty motioned, and Wendinger seconded, to adjourn the meeting at 8:52 p.m. Marv Gieseke, Chair Jon Hammel, Deputy Zoning Administrator

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