AMENDED MARCH 6, 2014
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING
MINUTES –June 6, 2013
Chm. Penney called the meeting to order at: 8:38 a.m. with the following members present: J. Penney, D. Kussmann, T. Murphy, R. Ellis and D. Federwitz, all present.
D. Kussmann moved and D. Federwitz seconded the motion to approve the agenda as presented. The motion was carried.
R. Ellis moved and T. Murphy seconded the motion to approve the minutes from the April 18, 2013 and the May 21, 2013 meeting. The motion was carried.
APPEARANCE:
Richard Carlson, Silton, Seifert, Carlson, SC presented a legal briefing for the Conditional Use Permit application for the Non-Metallic Mineral Extraction request in the Town of Union.
PUBLIC HEARINGS:
Ryan Brown, Planning & Zoning Director, presented the proposed amendments to the Waupaca County Zoning and Subdivision Ordinances.
The first public hearing was called to order at 8:56 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, R. Ellis and D. Federwitz, all present.
Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing for the Selected Revisions to the Waupaca County Zoning Ordinance Waupaca County Code of Ordinances, Chapter 34; and the Waupaca County Subdivision Ordinance Waupaca County Code of Ordinances, Chapter 37.
Chm. Penney called three times for any testimony in favor to the application. There was none
Chm. Penney called three times for any testimony in opposition to the application. There was none.
D. Kussmann moved and R. Ellis seconded the motion to APPROVE the Selected Revisions to the Waupaca County Zoning Ordinance Waupaca County Code of Ordinances, Chapter 34; and the Waupaca County Subdivision Ordinance Waupaca County Code of Ordinances, Chapter 37 and recommend them to the Waupaca County Board for their approval at their June 18th meeting. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; R. Ellis—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to approve the revisions. D. Federwitz moved and T. Murphy seconded the motion to close the hearing at 9:12 a.m. The motion was carried.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
June 6, 2013
DISCUSSION AND/OR DECISION ON THE FOLLOWING APPLICATION:
Gerald A. & Susan M. Tellock and Roger E. & Geraldine Henschel: Located in the SE ¼ of Sec. 13, Town of Union, lying along Dennison Road, Waupaca County, Wisconsin; for a Conditional Use Permit application for a Non-Metallic Mineral Extraction in an AE (Agriculture Enterprise) District on approximately 160 acres.
Planning & Zoning Committee and Ryan Brown, Planning & Zoning Director, discussed the conditions for the Conditional Use Permit application and answered varied questions concerning enforcement and clarified some issues from the Committee.
Scott Konkle of East Central Wisconsin Regional Planning Commission answered a few questions concerning mining operations in general.
T. Murphy moved and D. Federwitz seconded the motion to GRANT the application for Conditional Use Permit. The Conditional Use Permit will result in additional jobs and assist an existing business, the Waupaca Foundry, in maintaining its competitiveness. The following general and special conditions apply to the nonmetallic mining operation at the above-referenced site. The following conditions MUST be met:
GENERAL CONDITIONS:
1. Default. Any of the following occurrences shall constitute an event of default ("Event of Default"):
(a) If the Business is either terminated or ceases active operation for a period exceeding six (6) months;
(b) If a petition is filed by A.F. Gelhar under any bankruptcy, reorganization, arrangement, insolvency, dissolution or liquidation law of any jurisdiction, whether now or later, and is not dismissed within ninety (90) days after such filing;
(c) If A.F. Gelhar fails to observe or perform any material condition or provision hereof for a period of ninety (90) days after receiving written notice of such failure from the County; provided, however, that an Event of Default shall not occur if A.F. Gelhar has exercised commercially reasonable efforts within the ninety (90) days to observe or perform such material condition or provision.
Upon an Event of Default the County may revoke all land use permits issued to the Business if the following conditions are met: (i) the Event of Default remains uncured; and (ii) there is no force majeure event causing an Event of Default to continue; and (iii) the County has provided A.F. Gelhar a reasonable opportunity for a hearing before a County committee or agency to respond to the alleged Event of Default.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
June 6, 2013
2. Non-Assignability. This permit is not assignable (except as collateral to obtain financing) or transferable to any other person, firm or corporation, whether by operation of law or otherwise, without the express prior written consent of the County, with such consent not to be unreasonably withheld. In addition to any other requirement imposed by the County with regard to a proposed assignment, the assignee must submit an affidavit demonstrating the following:
(a) The new entity is properly formed and authorized to do business in
Wisconsin; and
(b) The written assignment requires the assignee to assume all A.F. Gelhar's obligations under this permit.
3. Waiver. No waiver by the County or its officials shall be deemed to be made unless the same shall be in writing and signed by a duly authorized County official. Each waiver, if any, shall be a waiver only with respect to the specific instance involved and shall in no way impair the rights of the County or A.F. Gelhar in any other respect at any other time.
4. Time is of the Essence. Time is of the essence in the performance of the requirements of this permit.
5. Severability. If any provision of this Conditional Use Permit shall be held invalid by a court of competent jurisdiction, such invalid provision shall not affect the validity of any other provision and such other provisions shall be enforceable to the fullest extent permitted by law as if such invalid provision had never been a part of this Conditional Use Permit; provided, however, if any provision of this Conditional Use Permit is held to be invalid due to the scope or extent thereof, such term or provision shall automatically be deemed modified in order that it may be enforced to the maximum scope and extent permitted by law.
WITH THE FOLLOWING SPECIAL CONDITIONS:
1. The nearest edge of all buildings, structures, and surface activity areas, including pit edges, shall be located a minimum of five hundred (500) feet from all property lines.
2. To prevent tracking of mud onto public roads, access driveways shall be paved within one hundred fifty (150) feet of public roads.
3. All public roads shall be kept free of mud, debris, and dust by sweeping or other means as necessary, or as requested by the town.
4. Access to the site shall be only through point designated as entrances on the site/operations plan; such access points shall be secured when the site is not in operation.
5. On-site bulk fuel storage areas and appropriate places for fueling of equipment (e.g., above the water table) shall be located to minimize the potential for groundwater contamination and in accordance with the Wisconsin Administrative Code and Wisconsin State Statutes.
6. All trucks, excavation, and processing equipment shall have exhaust systems that meet or exceed current industry standards to ensure that noise levels are kept at or below allowable limits. The use of "white noise" back up alarms will be required to further minimize noise levels.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
June 6, 2013
7. The average operating noise level at the property line of the non-metallic mining site shall not exceed seventy five (75) decibels.
8. Unless the extraction site is inaccessible, the area of extraction shall be completely enclosed by a safety fence or maintained at a slope not to exceed 3:1.
9. The operation is reasonably designed to minimize the conversion of land around the extraction site from agricultural use or open space use.
10. The operation does not substantially impair or limit the current or future use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
11. The use of berms will be utilized to properly screen the operation. The use of a "S" curve access point with berms being used to screen the access point from Dennison Road will be required.
12. Lighting at the site must stay within the property. Lights cannot be pointed upwards or away from the property site.
13. The actively mined area will not exceed twenty (20) acres.
14. Waste water control will be covered by the DNR permit.
15. No other material from a different location may be processed at this site.
16. A. F. Gelhar will be required to comply with a "MEMORANDUM REGARDING WELL AGREEMENT" dated August 27, 2012 that was addressed to the Town of Union Planning Commission and Town Board. Requested changes to this agreement include an addition to the second paragraph stating that "Where permission is given, A.F. Gelhar Co. Inc. and agreement with the Town Board, will arrange for an independent third party professional inspector to test the production and draw down in wells within three thousand (3,000) foot radius of the quarry. In the sixth paragraph the tow thousand (2,000) foot radius should be changed to three thousand (3,000) foot radius. If problems occur with water tests in the mine, then A. F. Gelhar must retest surrounding wells within a five thousand (5,000) foot radius of the mine quarry. The base agreement without these revisions is attached as Exhibit A.
17. A. F. Gelhar will be required to comply with the "ROAD USE AGREEMENT" that was submitted to the town as a draft. Under section (1) of the agreement, Engine braking is not allowed. Speed limits on Dennison Road (45 mph) to County O. A two hundred thousand ($200,000) irrevocable letter of credit from a bank for the same amount should be posted for maintenance and repair of Dennison Road. No sand truck traffic will be allowed on Shady Lane. All trucks leaving the sand mine with sand must be covered or enclosed. The mine operator will also be required to develop a "Road Use Agreement" with the Waupaca County Highway Department prior to any work being done. The original draft of the Road Agreement is attached as Exhibit 13.
18. Air monitoring will be regulated by the DNR permit.
19. A full hydrologic study by an independent third party hydrologist (agreed upon by A.F. Gelhar and the Planning & Zoning Committee) including groundwater modeling will be performed before operations can begin.
20. The mine operator shall limit normal hours of operation on-site to 16 hours a day (6:00am — 10:00pm) Monday - Friday. The operation of the mine between the hours of 10:00pm and 6:00am, weekends and holidays will be minimized to only the extent necessary to provide material to foundries, allow for proper security and comply with all existing mining laws. Any requests for
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
June 6, 2013
exceptions, (operation outside stated hours of operation due to a natural disaster or emergency repair work) shall be made to the Planning and Zoning Director.
21. Property value protection for area residents that are located adjacent to the non-metallic mining property will be provided. Prior to the opening of the mine, a baseline property value will be determined by the average of two (2) independent property appraisals. These appraisals will include all homes within a quarter (¼) of a mile from the mine property. A. F. Gelhar, Inc. will pay 10% more than the baseline value for any property which remains unsold after being on the market for six (6) months. A. F Gelhar, Inc. will pay 10 percent higher than the market value that was determined and within a quarter (¼) of a mile of the property, those homes would also be included.
22. The use of flocculants (acrylamides) will not be used in the operation of this non-metallic mine without prior consent of the Planning and Zoning Committee.
23. The sale of sand to the hydrofracking industry from this non-metallic mine will not be allowed.
24. Use of a sprinkler system on the material on site will be required to minimize fugitive dust.
25. There will be a review of the conditional use permit after one year of operation. Any additional reviews will be determined at the Planning and Zoning Committee's discretion.
Roll call vote was taken: J. Penney—yes; D. Kussmann—no; R. Ellis—no; D. Federwitz—yes and T. Murphy—yes, three to two vote to grant the Conditional Use Permit. The motion was carried.
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D. Kussmann moved and T. Murphy seconded the motion to adjourn the meeting at 11:10 a.m. The motion was carried.
The Committee adjourned.
Respectfully submitted,
Robert Ellis, Secretary
Waupaca County Planning & Zoning Committee
cc: County Clerk
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