Planning Commission - Regular Meeting

Good evening, everyone. We'll call to meet your order. I would like to welcome those in attendance at tonight's meeting. The City Planning Commission is a nine member commission whose function is to make recommendations to the city commission regarding requests for land use classification changes, subdivision plots, unconditional use permits, zoning ordinance amendments and other matters. The commission makes their recommendation based on the adopted comprehensive plan for the physical development of the city of Brookings and the surrounding area.

As a matter of policy, all motions are made in the positive. After a motion is moved and seconded, it is open for debate. Those supporting the motion shall in turn give their reasons. Those opposing the motion shall then offer their reasons. After everyone has given a chance to be heard, the commission shall review the testimony and information presented, make finding effects, and forward their recommendation to the city commission. Ryan, would you call roll?

Roll is noted with all present except Heinrich is on via phone.

Is there a motion to approve tonight's agenda?

So moved.

Second. All in favor?

Aye. Aye. Next

item approval of last meeting minutes. Is there a motion to approve the November? So moved. Second. All those in favor?

Aye. Aye.

Minutes are approved. Number four, open forum. At this time, any member of the public may make a brief announcement or invitation or request time on the agenda for an item not listed. Items to be added to the agenda will be scheduled at the end of the meeting. Any request action items may be scheduled for a future meeting date.

Individuals will state their name and the city of residence for the record. Public comment is limited to a maximum of three minutes per person. The comments and views expressed by the public are those speakers and do not necessarily reflect the views or positions of the city of Brookings or city planning commission. Is there anyone that would like to be heard? Seeing none, moving on item number five a, annexation of Block 1 in Mills, third edition.

Notices hereby given the access that access holding LLC has submitted a petition for annexation of the following described real estate situated in Brookings County, South Dakota to wit Block 1 of Mills third edition in the Northwest Quarter excluding H 1 and H 2 Thereof Section 6 Township 109 Range 49. Ryan would you introduce the topic?

Thank you Mr. Chair. Access Holdings LLC has submitted a petition for annexation of Block 1 And Mills 3rd edition in the Northwest corner of Section 6 Township 109, Range 49, excluding Lots H1 and H2. The property is generally located Southwest of the 20th Street exit on Interstate 29. The development review team is supportive of the request.

South Dakota codified law nine dash four describes the annexation process, the governing body of a municipality upon receipt of a written petition describing the boundaries of any territory contiguous to that municipality sought to be annexed to that municipality may by resolution include such territory or any part thereof within such municipality if the petition is signed by not less than three fourths of registered voters and by the owners of not less than three fourths of the value of the territory sought to be annexed to the municipality. The single parcel for annexation is 3.1 acres in size and is contiguous to the city limits along the western and southern sides of the property. The area is located in a Phase two annexation priority area indicating that it is intended for annexation as development reaches the area. Water service is available to the site. Sewer service is not currently available and will require a lift station.

Access to the parcel will be controlled by the Department of Transportation. A subsequent rezone to Business B2 District will be proposed by the owner. The area is located in urban high intensity future land use category, which would support the Business B2 rezone. There are no floodplain issues. And that ends staff's presentation, and we'll stand for any questions.

Thanks Ryan. We will now open the public hearing. Is there oh excuse me, thank you. Is there a motion to approve the annexation? So moved. Second. Thank you. We will now open public hearing. Is there anyone here that would like to speak in favor of the annexation? Anyone opposed?

Please speak now. Seeing none, we'll close public hearing and open for board comment questions. Anyone? Seeing none we'll call the vote Ryan.

Schmeichel? Yes. Jamieson? Yes. Lemmon? Yes. Speer? Yes. Heinrich?

Yes. Braun? Yes.

Solem? Yes. Aiken? Yes. Letty? Yes. The motion passes.

Thanks Ryan. Next item on the agenda 5B conditional use permit. Notice is hereby given that Austrian Investments LLC has submitted an application for a conditional use permit on the following described real estate in the city of Brookings, the Northeast quarter of the Northeast Quarter except H 1 and that part east and north of H 1 Section 14 Township 109 Range 50, also known as 216254 71st Avenue. The the request is for a concrete asphalt and crushing facility used in the Industrial I 1 Light District. Ryan, would you introduce the topic please?

Thank you Mr. Chair. Ostrive Investments LLC has applied for a conditional use permit to operate a concrete asphalt and rock crushing facility in the Industrial I 1 Light District. Staff recommends approval. Concrete asphalt and rock crushing facilities are described in section ninety four point two six four point seven.

All asphalt and rock crushing facilities shall be located at least 300 feet from any non industrial or non agriculture zoned district boundary line. The crushers and stockpiles of materials shall be set back a minimum of 100 feet from the property line and or right of way line. Hours of operations shall be limited to seven a. M. To six p.

M. Monday through Saturday when abutting agriculture or industrial zone properties and 8AM to 5PM Monday through Friday when abutting properties zoned other than agriculture or industrial. These shall be conducted, operated and maintained in accordance with any necessary local, state and federal permits, copies of which shall be provided to and maintained on file in the community development department. The following shall be provided on an application for a conditional use permit. A site plan drawn to scale showing the location of buildings, areas of outdoor processing and storage, fences, walls, landscaping and screening vegetation and the location of a stream, river, lake, wetland and major topographical feature within 300 feet of the site.

A dust management plan describing dust emissions sources, quantity and composition and indicating conformance with all applicable air quality regulations. A drainage plan for storm water management and runoff indicating conformance with all applicable storm water regulations, a traffic plan describing the number of truck vehicle trips the proposal will generate and the principal access routes to the facility, including a description of facility's traffic impact on the surrounding area. The applicant currently has historically operated a concrete asphalt and rock crushing facility at this location. The operation has ongoing prior to the adoption of Ordinance 2,515, which was passed by City Council just this year, which now requires a conditional use permit for such activities. So to comply with the updated ordinance, the applicant is seeking a conditional use permit to continue their historic operations.

The property is zoned industrial I-one light district where concrete asphalt and rock crushing operations are permitted under the conditional use permit. The applicant did submit a statement on the traffic and dust control. Traffic management will be insignificant as this operation will not generate any extra road traffic. The access point is on the southeast corner of the property. It's the current access point that the contractor shop yard already uses.

That will be the access point for the crushing facility as well. Dust control will consist of keeping all surrounding crushing areas moist and therefore minimizing dust emissions. If weather becomes a factor and the operators are unable to control dust from traveling to neighboring dwellings, they will postpone the operation until a more favorable weather day. And that ends the staff report and we would stand for any questions.

Thanks Ryan. Is there a motion to approve the conditional use permit? So moved. Second?

Second.

Thanks Billy Joe. Motion has been moved and seconded. We'll now open up the public hearing. Is there anyone here that would like to speak in favor of the matter?

I guess that's my queue. I'm Andrew Ostreim, owner of Ostreim Excavating, Ostreim Investments, whatever we want to call ourselves today. Basically, as Ryan pointed out, I just kind of got caught in a crossfire of a new city ordinance. We're not doing anything different than we have been business as usual as we have been for the last almost five years at that site and basically just trying to comply with the ever changing dynamics, I guess. So if there's any questions, I

I have a quick question since you're up here. I think you already answered half of it. So you didn't have to change operations at all because of the ordinance?

We haven't haven't yet. So the creching operation happens once a year probably. We stockpile the rubble.

Yeah. That was my second question. So thank you.

Pressure comes in, he works for a week, know, and he leaves. So it's not really a it's not like it's an everyday thing or anything.

Yeah. Great. Thank you very much.

I have a quick question too while you're up here. How many vehicles would you say and I know it's not any different than what's going on right now, but how many vehicles would you say come in maybe per week related to the concrete crushing?

So crushing itself is a couple pieces of machinery coming and then leaving. As far as that, you know, stockpiling the rubble, crushing it, it all depends on, you know, what's going on around town, what kind of jobs we get, what kind of I mean, this isn't just stuff we generate either. It's other people as well. But it all depends. You know, the reality of it is we either bring rubble in and crush it and haul it back out as crushed concrete or we haul gravel in stockpile and haul it back out as gravel.

Same number of trucks no matter what. As far as guess, I mean you might have 10 trucks a day. Mean, it could be 30. I mean adult. There's days that there's probably isn't any. Just kinda I don't know. I'd have to get out there with a clicker and count at the driveway, I guess.

You.

Thank you. Is there anyone else that would like to speak in favor of this matter? I have a question. I come up front. State your name please.

Adam Porter. Hi. Adam Porter. I live at Porter's Bait Farm just on the East Side. And I guess I'm not in favor or not in favor. I just have a couple questions about how this works. I've lived there my whole life at Porter's Bait Farm. So when you talk about the historically being there, this is not historical. This is like a within three to five years, I would say. And my question or issue is when they crush this, it's usually a seven to ten day window.

And when the wind blows out of the West or Northwest, all the dust goes directly to my residence, my family's residence. There's three of us that live there. And that coincides with there is more than 10 trucks per day knowing that I live there and there is increased traffic volume when he is doing the crushing. I'm all in favor of the man making a living. I'm okay with that a 100%, but is there some way to when the wind is out of the West Northwest for them not, you know, to put the neighbor into consideration?

That's my question to you guys, A stipulation in there as far as that goes. So that's really all I have. Any questions from you guys? I'd like to I can answer them.

Brian, would you want to address that? I would

just state going back to the application and the staff report, it does indicate on their dust control plan that if weather factors if weather becomes a factor and the operators are unable to control dust from traveling to neighboring dwellings, will postpone the operation until a more favorable weather delay. That was their plan according to the application. So it would be tied to that as their being their dust control plan.

Who adjudicates that or who determines that? The Austrian or the neighbors?

It would be up to the operator to determine. Okay.

That's it. That's all I have.

Thank you. Thanks.

Ryan, and then a follow-up to that statement, how would Alsterm then communicate that or make that determination for the neighbors?

There's no requirement to communicate or to notify of when operations are or are not taking place. I think the owner would have to notify their their crushers, obviously, if they're bringing people in from another location to come in and crush. If the weather's not favorable that day, they would have to notify their crusher to not come and crush. But there's no requirement to notify neighbors of when or when will that take place.

Thanks, Ryan. Mr. Chair,

what recourse do the neighbors have if there's dust issues with the city? Do they go to the

Can can you hold that?

Oh,

One I think there was another gentleman. Since we are still in the public meeting, I think there was another gentleman that would like to speak.

Yes. My name is Dennis Wobbig, and I live Kitty Corner from the site. And Andrew's been a good neighbor. Don't get me wrong. My only concern is some of the dust control and, of course, the noise, but the dust control would be the main thing and the amount of trucks entering that curve on the highway with the speed limit.

And this was not part of Austrian's deal, but as they come down that highway, head off onto that gravel road, they're not obeying the speed limits at all or the stop signs. That's not Andrew's people necessarily, but in general. But my concern with Andrew would be the dust control and the noise why they're crushing And the amount of trucks that enter that, maybe he could seal that duster on the driveways mainly where the trucks are entering.

And I don't know if it's a

safety issue on that entering right in that curve. There's a lot of trucks going out of there. I'm just concerned that someday somebody's gonna get hit there with a truck driving out and the speed on that highway coming into that curve. Andrew's been a great neighbor. I really like what he's done there, but there's just some issues that I would like to bring your attention, mainly being traffic flow, dust control, and a little bit of noise.

The noise if it's only a certain window, I was under the understanding it was gonna be continuous. You know, he's gonna expand this and just keep crushing all the time. Well, that don't sound like the deal. So I'm not totally against it. My concern is the safety and the dust control. Okay. Thank you.

Thank you. Appreciate your comments. Andrew, do you have anything to add? We'll close the public hearing. And if you would, please come up.

I was going to ask Andrew, can you kind of explain how the crushing operation functions and sprayers that they have available to moisten the material?

So, yeah. So cover that first, guess. So the the the equipment does have a way to add water to it as it as it crushes. I know the the contract I've used previously didn't really like to use it, but we have several times depending on if it was creating dust or which way the wind was blowing things like that. He has since gotten out of business so he won't be coming back.

When I find the new contractor, we'll see what they've been doing. But I mean, that's what they do. They crush concrete. That's I'm assuming that they have the ability to do the same thing. I obviously will have to be more on top of it and manage that as well and make sure that it's not blown towards the neighbors. As far as the some of stuff that Denny was talking about with the trucks and stuff, That isn't what this is about. This is about crushing the concrete. The truck traffic and that is irrelevant basically to this. If you follow what I'm saying there, we have trucks coming in now. That's what we do.

So what we're voting on today isn't doesn't have to do with trucks.

Okay, Mike, did get your question answered there?

Yeah, I think so. I mean, there's kind of best practices when there's winds at a certain speed, which in South Dakota there's very few days that the wind isn't blowing. But when you get up into those higher, it's just not recommended to crush those days. And if you are crushing, you would definitely need to utilize water to kind of spray the material so it keeps the dust from filtering off-site. Then there are times where occasionally you have your stockpile of materials and you may need to water them down at times so that the tops of them don't start getting caught in the wind and blowing off-site too.

So moisture is a good way to kind of help hold that material down. With this operation, the traffic impact is very minimal because it's a contractor shop and they have a fair amount of truck traffic as is. The material that is coming into the site, it comes in various times throughout the year depending on what types of construction projects are occurring. And they're taking that spent material. They're bringing it out and stockpiling it.

For example, for Brookings Municipal Utilities, they typically bring a crusher in about once every three years. So when they have water main breaks or something, they have to dig up asphalt or concrete. They haul it out to their site and stockpile it until they have enough material that it justifies bringing in a crusher. So accumulation probably in Austriam's scenario where it's maybe throughout the year. Or there's other places that are maybe they don't have as much volume.

And so it may take them three to five years to stockpile enough material to justify bringing in a crusher for a few days or a week. So it's not like these are always everyday type traffic impacts where the material's coming into the site. It's typically stockpiled until you have a sufficient amount that it justifies bringing in a crusher for a week to ten days. And then the material goes out as it's needed for particular job sites.

Thanks, Mike. Thanks, Andrew. Any other comments? We will now close public hearing and open for board questions and comments. Nick go ahead.

So yeah back to the previous question what recourse do neighbors have if the dust control gets. I'm not I'm not I'm not saying I'm opposed to this I just want to know like what recourse do the neighbors have if there is a dust problem?

Well, they'd have the you know, if they feel it's it's a sufficient, they could certainly call the city, and we could send somebody out there. And if it's a violation, then we could shut down the operation. Or we could have them make adjustments to their crushing activities, to do a better job of controlling the dust.

Any others?

Yeah, so I've been trying to look online to see if there's any specific EPA regulations or anything like that. And the closest thing I found thus far is OSHA has some things that's more necessarily for workers' rights and things like that. But is there maybe something of making sure that there's an OSHA certified representative or some other thing to be able to make a measurable determination of what is the actual amount of dust being produced, what is an acceptable amount, things like that, something that is actionable if it does become a problem.

So when we dealt with this issue a year, year and a half ago, it was a different location. The state was called. They sent a inspector out. So the state does have, I think, some permitting requirements. It all depends on whether or not they're testing that particular day.

But it's really we're not going to get into regulations that we can enforce. And so that's why we put the catchall in there that any necessary state or federal permitting that they would need to go through. I believe in this particular case, they are permitted through the state of South Dakota. They have to get a permit. So if they have specific requirements to maintain that permitting or that licensure, that would be a state requirement.

Thank you.

Seeing no other comments we will call the vote rayon?

Limmer?

Yes.

Jamieson?

Yes.

Speer?

Yes.

Heinrich?

Yes. Braun? Yes.

Solem? Yes. Aiken? Yes. Schmeichel? Yes. Luddy? Yes. Motion passes.

Thanks Ryan. Last item on the agenda is a five c election of officers for 2026. Does the nominating committee have their recommendations for chair and vice chair?

Yes, mister chair. The nominated committee, submits the following nominations for leadership positions. For the upcoming term, for Chair, Jacob Limmer for Vice Chair, Nick Schmeichel. The nominees have been contacted beforehand. My understanding is that they have expressed interest in serving in those roles.

Thank you.

Mr. Chair, I move nomination cease.

Thanks, Roger. All those in favor? Ryan, go ahead.

You made a motion?

Yeah, the nomination ceased.

I'll second that if

needed. All

those in favor. Nominations are so moved. Seeing no other items, is there a call for adjourn? Move to adjourn. Thank you.

Just like to remind everyone tomorrow evening is the mayor's holiday party out of the Dakota Bank Center. You're welcome to attend.