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HomeMy WebLinkAbout6.l. SKB Memorandum of UnderstandingCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: MAY 4, 2004 AGENDA ITEM: SKB MEMORANDUM OF AGENDA SECTION: UNDERSTANDING Consent PREPARED BY: JAMIE VERBRUGGE, CITY ADMIN. AGEJ # 6 ATTACHMENTS: Memorandum of Understanding; SKB APPROVED BY Trust Board Motion RECOMMENDED ACTION: MOTION TO APPROVE THE MEMORANDUM O UNDERSTANDING BETWEEN SKB ENVIRONMENTAL AND THE CITY OF ROSEMOUNT ACTION: ISSUE At the time that the City Council approved the Interim Use Permit (IUP) in March 2003 for SKB Environmental to expand the current east side facility, the City and SKB agreed to review the terms of the SKB- Rosemount Community Trust Fund within one year of the approval. For the past several months, the City and SKB have been meeting to discuss amendments to the structure of the SKB Community Trust Fund. The City Council discussed this item at the April 14 Council Work Session and directed staff to proceed, with the only question being issues related to commitments pertaining to the Interim Use Permit. Much of the report is the same as that provided in the agenda memo for the April 14 Work Session, except for new information in the last several paragraphs of the Background section. BACKGROUND As currently structured, the SKB Trust Fund receives a dedicated contribution from the per tonnage deposits at the SKB Rosemount facility. The Trust Fund has built a healthy reserve of funds for the long -term stability desired by the Trust Board to make annual donations to organizations, events and projects that benefit the Rosemount community. The City Council recently approved an amendment that allows the Trust Fund to increase annual distributions to $100,000 per year. The City Council has expressed interest in revisiting the terms of the Trust Fund to provide a more equitable distribution of Fund revenues to provide greater benefit to the community through direct contributions from the Trust Fund to the City for items included in the Capital Improvement Program. The City Council has also expressed interest in one -time contributions from the Trust Fund reserve to provide for a large capital investment in the SKB Memorandum of Understanding City Council Meeting - Consent May 4, 2004 community. Per the terms of the negotiated agreement, the SKB Trust Fund Board has approved a Memorandum of Understanding prepared by the City's Attorney in consultation with SKB that provides the following: a. Fifty percent (50 %) of annual revenues to the Trust Fund' from SKB operations will be redirected to the City of Rosemount to be applied toward projects detailed in the City's Capital Improvement Plan (CIP). b. The SKB Trust Fund will make a one -time donation of $500,000 to the City, following the transaction closing on the property, to help pay for the cost of land acquisition a Dakota County branch library in Rosemount. c. The City will allow the SKB Trust Fund to increase annual community distributions based on the Consumer Price Index or percentage population growth in Rosemount,_ whichever is greater. In addition, SKB Environmental is seeking relief from the Enhanced End Use Plan that was included as part of the March 2003 IUP approval. The intent of the Enhanced End Use Plan was to provide aesthetically appealing landscaping when facility closure occurs. The facility is located in the midst of the City's heavy industrialized east side. The benefit to the community, in terms of developing a passive recreation or natural area open space, in an area that is surrounded by the likes of the FHR Pine Bend Refinery, Endres Processing, Spectra - Alloy, trucking, and other non - residential, non - recreational users is marginal at best. SKB Environmental seeks to have the end use plan be reverted to the standard end use plan that must comply with cover and closure requirements in State regulations for similar facilities. A provision of the March 2003 IUP related to the Enhanced End Use Plan indicated that at some time in the future, if the City Council determined that such an enhanced end use was not required, SKB would provide monetary compensation to the City that represented the difference between the costs of regulated closure end use and the enhanced end use in the March 2003 IUP. SKB is concerned that the costs assigned to the various end use proposals are speculative and indefinable at this time, and could lead to litigation in the future should the City and SKB disagree on the closure cost stipulations. The cost estimates in the March 2003 approval assigned costs based on an estimate of what closure would cost at that point in time. In other words, if the facility was prepared for end use immediately and at once, the costs would be incurred for purchasing fill, grading and landscaping, tree planting, etc. SKB has indicated that closures over time will have marginal direct costs because SKB continually partners and negotiates with various contractors to dump fill on the site at no or little cost to SKB, or that the. cost of fill is sometimes built into the pricing structure of negotiated contracts with facility users. Using that as the basis of cost analysis, it can be argued that the remaining significant expense - that differentiates the Enhanced End Use Plan from standard closure end use is the planting of trees that were planned for aesthetic purposes. 2 noW Em ul palleIap se sIuawpuawe dni Aaessaoau ag} Ilwgns of 8>IS ql NJOM IIIM J.jejS ` panoadde sl IoW agi eouo - Ae psenl uo uol ilounoo of aoud novv e q} 10 swia} eqj gllM eouaiinouoo aieq} bulge }s Ilounoo aol aapal a apinoid IIIM IeJuawuoa nu3 8>iS •ueld asn pua p90uegu3 aqj woaJ JallaJ 6uipinoid dni EOOZ goaeVq agl10 }uawpuewe s,Al.lo eqj uodn lue6ulluoo `uol}lsinboe puel Aiejgll ql!m Arlo eqj islsse of uoiinglaluoo awl} -quo jueol�iu6ls a a oI 6ulpinOad pue elnwjoj u0i }ngljlslp pun3 Isn.il agl puawe of bulmwwoo noW aql. pano.idde seq paeo8 pun,d }snil 8>IS eql Amvwwns •uolslnaa slq} of palela.i enssi Ou aneq lasunoo le6al pue _4eis Arlo - uoilipuoo legl slseoaaoj pue 6ul6uego aq ll[M 6uiMeip u6lsep aqi l.egi aziubooai non agl jo 1 - s pue �- �•g su0l}Oas ul uO aql 'VOdUV 10 spuewap Aaojeln69a aqj jaaw ol. 6ulMeip asn pua ue 6ulslnaa Io Ssaooid eqj u! s! Iel.uawuainu3 8>iS 'pa}epdn pue paslnaa ua}}o Alalel aie sluewaalnbaa ainsolo pue aanOO -Ap poel jo ads(} slgl: aol ainsolo pue JanOO Suaan06 legl Apoq Ajoleln6aJ aql. sl (VOdW) A3u96y loal.uOO uoll.nllod e}osauulVY aql •paslnaa 6ulaq jo ss000id eqj ul si `veld asn pua piepuels -alelS eqj buipdap ` � � 6ulMeaa - anssl pessaappeun euo Aluo palllivapl seq flout 9 41 jo 6ui74eip leul3 - Isnal eqj of supped jl se l.uawaai6e sigl, jo swial eqj ez!le!aowow ol. Al.laoglne aqj aneq saop Ilounoo Alit eql. `aaolaaagl - loiluoo 6uiuoz Aue of jou pue `pun3 ism 1 A punwwoo }unowaso�l le}u9wuoainu3 8>IS ag1 016ululeped dnl aql. ulgllM poulewoo l.uawaaa6y l.uawdolanap aqj o} 0l1l09ds s! flout eql ui w.ial .aeaA -g 6 aql. `.ranaMOH Aeme pajoeil.uoo aq l:ouueo Al!jogl.ne golgM aol l.uewnoop 6uluoz Aaoleln6ai a sl l.lwaad asn wliam 941 leg} paslnpe Aawolly Apo eql - uolloe ue gons Aq Ally eqj of ainsodxa lellualod pue Allle6al eql. 6ulpie6aa AeuiolIV Apo agj wOJI aolnpe palsanbaa Ilounoo - sieeA aol eoeld ul l.u9waaa6e slgl jo swaal aql. Moog pinoM }eql. 6uipuel.sj9pun jo wnpueaouwaW aql ul esnelo aqj Inoge asom suollsenb 'uolssaS NaoM Ilounoo t Ilady eqj le wall sigl jo uolssnoslp bul.and -asn pua ainsolo pal.elnbei 941 pue ueld asn pua p eqj ueemleq luawl:lwwoo Isoo Iell.uaaa}}lp ag} 10 w941 anlosge pinom le}u9wuOalnu3 8>iS woalG uol}ngljluoo slgl - sloefoid aoinosai leinl.eu pue `6uideospuel `6ul}ueld aaa} JOI apinoid ol, pored aeoA ual< a JanO Ajlo aqj ol painglal.uoo aq p1nom 000`05Z$ jo lelol< agl •goea 05Z$ aq pinoM saaa} }ueoljlu6ls asogj jo Isoo eqj pue sawl. 000` 6 aneq pinom ueld asn pua paOuegu3 941 legl uolldwnsse aq} uo paupial.ap seM juawAed aql - sieeA ual pxeu aqj jog Allenuue 000'gZ$ .jo }unowe eqj ABC) eqj o} Aed g>IS aneq ol sasodoid noW 94 VOOZ ' Aew luesuoo - 6uiiaaw Iiouno:D Al!o buipueisiapun jo wnpueaowaw qNS j MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made this 4th day of May, 2004, made by and between the City of Rosemount, a Minnesota municipal corporation (hereinafter the "City'), and SKB Environmental, Inc. (hereinafter "SKB" ). 1. Background 1.1. On March 6 2003, the City and SKB entered into an agreement entitled Interim Use Permit Agreement, Reissuance to SKB, Inc., Minnesota Industrial Containment Facility (the "NP Agreement"). 1.2. Section 21 of the IUP Agreement provides that SKB and the City are to re- evaluate the terms of the Development Commitment, attached as Exhibit D to the IUP Agreement, to determine whether the Community Trust Fund and the terms of the documents creating and governing the trust (the "Trust Documents ") continue to be reasonable and appropriate to the needs of the community. 1.3. In accordance with this process of re- evaluation of the Trust Documents, it was determined by the parties that there are changes that could be made to the Trust Documents that would better serve the City of Rosemount. 1.4. The parties further determined that, in consideration of the changes proposed to the Trust Documents, it was reasonable and appropriate to make certain changes to the NP Agreement that were requested by SKB. 2. Amendment to the Trust Documents The parties agree to use their best reasonable efforts to accomplish amendments to the Trusts Documents to accomplish the following: 2.1. Commencing with revenue received from SKB in the year 2004, 50% of annual payments to the Trust will be contributed each year by the Trust to the City for capital projects listed in the City's Capital Improvement Program ( "CIP "). 2.2. The Trust will make a one -rime contribution of $500,000 to the City for the acquisition of land for a library in the City at the time of closing on purchase of the property. The Trust may make additional contributions to the City, from time to time, for other special projects meeting the criteria of the purposes of the Trust stated in Section 1 of the Trust Document. The contributions described in this Section 2.2 will be in addition to contributions described in Section 2.1 of this Memorandum and will be authorized notwithstanding any other limitations on distributions contained in the Trust Documents. CLL- 245068v4 1 RS220 -36 2.3. The maximum amount of annual community distributions from the Trust will not be more than $100,000 for the year 2004. The maximum amount of the annual contribution will increase annually thereafter each year in accordance with the percentage increase for the previous year of the Consumer Price Index, all urban consumers, Midwest urban-all items, of the United States Department of Labor, Bureau of Labor Statistics or the percentage increase of Rosemount population for the previous year using the certified annual population estimate of the Metropolitan Council, whichever is greater. However, the Trust will not be required to make annual contributions in such amounts specified in this paragraph 2.3, if: 1) the Trust does, not receive requests for contributions in at least such amount for projects that are deemed by the Trustees to be reasonable, suitable and qualified for contributions according to the Trust documents, or 2) total contributions for that year exceed the income of the Trust for that year. 3. Amendments to the IUP Agreement If the changes to the Trust Documents described in Section 2 of this Memorandum are made, the City and SKB agree to the following changes to the IUP. Agreement: 3.1. SKB will not be required to conform the facilities, upon closure, to the Proposed Landscape Plan, dated October 2001, updated January 2003, prepared by the University of Minnesota Extension and Dakota County Master Gardeners and attached as Exhibit E of the IUP Agreement. Specifically, the IUP Agreement will be amended as follows: 3.1.1. The following phrase will be deleted from Section 1 of the IUP Agreement: "by the "PROPOSED LANDSCAPE PLAN" dated October, 2001, updated January 2003, prepared by the University of Minnesota Extension and Dakota County Master Gardeners (Exhibit E of this Agreement), ":; and the following language will be substituted: "by the plan for finished design and landscaping shown on Drawing 11 of the SKB Rosemount Industrial Waste Facility Major Modification Application dated October 2001 and updated March 2003, providing it is in compliance with Minnesota Pollution Control Agency (MPCA) regulatory standards." 3.1.2. The second paragraph of Section 1$ of the IUP Agreement will be amended to read: "Closure under previously approved plans would have required expenditure of approximately three to four million dollars (expressed in 2003 dollars). Because the closure plans approved by this Agreement will be substantially less expensive and of less benefit to the City, the Development Commitment is amended to provide for the payment to the City of an additional payment of $25,000 per year for 10 years commencing on July 1, 2004, to be used by the City for landscaping and natural resource projects." CLL- 245068v4 2 RS220 -36 3.1.3. Section 20 of the IUP Agreement will be amended to read as follows: "Financial Assurances. SKB shall comply with the financial assurance requirements of the MPCA and DC. No reduction in the financial assurance requirements may be made without the written approval of the City Administrator." 3.1.4. Exhibit E to the current IUP Agreement as it relates to finished design and landscaping will be replaced with drawing 11 of the SKB Rosemount Industrial Waste Facility Major Modification Application dated October 2001 and updated March 2003, providing it is in compliance with Minnesota Pollution Control Agency (MPCA) regulatory standards. 3.2. The current Development Commitment, attached to the IUP Agreement as Exhibit D, with the attached copy of the SKB Trust Agreement as amended, all as amended in accordance with Section 4.1 of this Memorandum, will remain in effect without amendment required by the City for at least 15 years from the date of the amendment of the IUP Agreement. The IUP Agreement will be amended by adding the following sentence at the end of Section 21: "Notwithstanding any provision of Section 2 of this Agreement, the City will not require any amendment of the Development Commitment for 15 years from the date of this Agreement." 4. Amendments to the Development Commitment 4.1. The Development Commitment will be amended by addendum adding new Section 10 g. as follows: "SKB will pay to the City the amount of $25,000 per year for 10 years commencing on July 1, 2004, to be used by the City for landscaping and natural resource projects." CITY OF ROSEMOUNT By: Its: Mayor And by: Its: Clerk SKB ENVIRONMENTAL, INC. By: Its: CLL- 245068v4 3 RS220 -36 4 -6 -04 copy of motion made at the SKB Environmental Rosemount Community Trust Board of Trustee Meeting. Matt Kearney moved, Steve Casey seconded motion to approve the following changes to the Trust Agreement with the City of Rosemount contingent upon the approval of the Rosemount City Council of the trust agreement and IUP to the satisfaction of SKB Inc. as recorded and amended in the Memorandum of Understanding dated 4 -6 -04 2.1 Commencing with revenue received from SKB in the year 2002, 50% of annual payments to the trust will be contributed each year by the trust to the city for capital projects listed in the City' Capital Improvement Program (CIP" ). 2.2 The Trust will make a one -time contribution of $500,000 to the City for the acquisition of land for a library in the City upon the successful closing of the acquisition. The Trust may make additional contributions to the City, from time to time, for other special projects meeting the criteria of the purposes of the Trust stated in Section 1 of the Trust Document. The contributions described in this Section 2.2 will be in addition to contributions described in Section 2.1 of this Memorandum and will be authorized notwithstanding any other limitation on distributions contained in the Trust Documents. 2.3 The maximum amount of annual community distributions from the trust will not be more than $100.000 for the year 2004. The maximum amount of the annual contribution will increase annually thereafter each year in accordance with the percentage increase for the previous year of the Consumer Price Index, all urban consumers, Midwest urban-all items, of the United States Department of Labor, Bureau of Labor Statistics or the percentage increase of Rosemount population for the previous year using the certified annual population estimate of the Metropolitan Council, whichever is greater. However, the Trust will not be required to make annual contributions in such amounts specified in this paragraph 2.3,if: 1) the Trust does not receive requests for contributions in at least such amount for projects that are deemed by the Trustees to be reasonable, suitable and qualified for contributions according to the Trust documents, or 2) total contributions for that year exceed the income of the Trust for that year. s ' Motion carried unanimously. T d Lr� MEMORANDUM OF UNDERS THIS 'MEMORANDUM OF UNDERSTANDING is made this 4th day of May, 2004, made by and between the City of Rosemount, a Minnesota municipal corporation (hereinafter the "City"), and SKB Environmental, Inc. (hereinafter "SKB'). 1. Background I.I. On March 6, 2003, the City and SKB entered into an agreement entitled Interim Use Permit Agreement, Reissuance to SKB, Inc., Minnesota Industrial Containment Facility (the "NP Agreement "). 1.2. Section 21 of the ]UP Agreement provides that SKB and the City are to re- evaluate the terms of the Development Commitment, attached as Exhibit D to the IUP Agreement, to determine whether the Community Trust Fund and the terns of the documents creating and governing the trust (the "Trust Documents') con_ tinue to be reasonable and appropriate to the needs of the community. 1.3. In accordance with this process of re- evaluation of the Trust Documents, it was determined by the parties that there are changes that could be made to the Trust Documents that would better serve the City of Rosemount. 1.4. The parties further determined that, in consideration of the changes proposed to the Trust Documents, it was reasonable and appropriate ,to make certain changes to the ]UP Agreement that were requested by SKB. 2. Amendment to the Trust Documents The parties agree to use their best reasonable efforts to accomplish amendments to the Trust Documents to accomplish the following: 2.1. Commencing with revenue received from SKB in the year 2004, 50% of annual payments to the Trust will be contributed each year by the Trust to the City for capital projects listed in the City's Capital Improvement Program ( "GIP" ). 2.2. The Trust will make a one -time contribution of $500,000 to the City for the acquisition of land fora library in the City at the time of closing on purchase of the property. The Trust may make additional contributions to the City, from time to time, for other special projects meeting the criteria of the purposes of the Trust stated in Section 1 of the Trust Document. The contributions described in this Section 2.2 will be in addition to contributions described in Section 2.1 of this Memorandum and will be authorized notwithstanding any other limitations on distributions contained in the Trust Documents. CLL-245068v4` 1 RS220 -36 2.3. The maximum amount of annual community distributions from the Trust will not be more than $100,000 for the year 2004. The maximum amount of the annual contribution will increase annually thereafter each year in accordance with the percentage increase 'for the previous year of the Consumer Price Index, all urban consumers, Midwest urban-all items, of the United States Department of Labor, Bureau of Labor Statistics or the percentage increase of Rosemount population for the previous year using the certified annual population estimate of the Metropolitan Council, whichever is greater. However, the Trust will not be required to make annual contributions in such amounts specified in this paragraph 2.3, if. 1) the Trust does not receive requests for contributions in at least such amount for projects that are deemed by the Trustees to be reasonable, suitable and qualified for contributions according to the Trust documents, or 2) total contributions for that year exceed the income of the Trust for that year. 3. Amendments to the IUP Agreement If the changes to the Trust Documents described in Section 2 of this Memorandum are made, the City and SKB agree to the following changes to the lUP Agreement: 3.1. SKB will not be required to conform the facilities, upon closure, to the Proposed Landscape Plan, dated October 2001, updated January 2003, prepared by the University of Minnesota Extension and Dakota County Master Gardeners and attached as Exhibit E of the ]UP Agreement. Specifically, the IUP Agreement will be amended as follows: 3.1.1. The following phrase will be deleted from Section 1 of the IUP Agreement: "by the "PROPOSED LANDSCAPE PLAN" dated October, 2001, updated January 2003, prepared by the University oflvlinnesota Extension and Dakota County Master Gardeners (Exhibit E of this Agreement), "; and the following language will be substituted: "by the plan for finished design approved by the MPCA and Dakota County." 3.1.2. The second paragraph of Section 18 of the 1UP Agreement will be amended to read: "Closure under previously approved plans would have required expenditure of approximately three to four million dollars (expressed in 2003 dollars). Because the closure plans approved by this Agreement will be substantially less expensive and of less benefit to the City, the Development Commitment is amended to provide for the payment to the City of an additional payment of $25,000 per year for 10 years commencing on July 1, 2004, to be used by the City for landscaping and natural resource projects." 3.1.3. Section 20 of the IUP Agreement will be amended to read as follows: ELL-245068v4 2 RS220 -36 "Financial Assurances. SKB shall comply with the financial assurance requirements of the MPCA and DC. No reduction in the financial assurance requirements may be made without the written approval of the City Administrator." 3.1.4. Exhibit E to the current IUP Agreement as it relates to finished design and landscaping will include the provision that the IUP "Final Closure Grades" be amended to conform with the "Top of Final Cover Grades Design" as approved by the MPCA and Dakota County. 3.2.. The current Development Commitment, attached to the IUP Agreement as Exhibit D, with the attached copy of the SKB Trust Agreement as amended, all as amended in accordance with Section 4.1 of this Memorandum, will remain in effect without amendment required by the City for at least 15 years from the date of the amendment of the IUP Agreement. The IUP Agreement will be amended by adding the following sentence at the end of Section 21: 'Notwithstanding any provision of Section 2 of this Agreement, the City will not - require any amendment of the Development Commitment for 15 years from the date of this Agreement." 4. Amendments to the Development Commitment 4.1. The Development Commitment will be amended by addendum adding new Section 10 g. as follows: "SKB will pay to the City the amount of $25,000 per year for 10 years commencing on July 1, 2004, to be used by the City for landscaping and natural resource projects." CITY OF ROSEMOUNT By: Its: Mayor And by: Its: Clerk SKB ENVIRONMENTAL, INC. B Its: CLL,245068v4 3 RS220-36 E/YYIROIYME/YTAL VIA FAX 651 -423 -4424 May 5, 2004 Jamie Verbrugge City Administrator City of Rosemount 2875 West 145 St. Rosemount, MN 55068 Re: Memorandum of Understanding dated May 4, 2004 Dear Jamie: We.are in agreement with the Memorandum of Understanding dated May 4, 2004 which was e- mailed to me on April 30, 2004, with the provision that the I.U.P. "Final Closure 'Grades" be amended to conform with the "Top of Final Cover Grades Design" as approved by MPCA and Dakota County. SKB agrees to subsequently sign the Memorandum of Understanding after Council has approved this document, with the change in the final closure grades. Please contact me if you have further concerns regarding this. Thank you. Sincerely, SKB Environmental, Inc. o Domke,.' Vice President RECD MAY 4 2004 251 Starkey St. - P.O. Box 7216 - St. Paul, MN 55107 651- 224 -6329 • FAX 651- 223 -5053 printed on Recycled Paper. - - \ �j t r k t t ? ''n f f,✓ i " k t' ii \ \'� 4, a E : E .. } ±�`°� I�? j•.'� f' r d �_a 'l K�� �, �•!i ' i x �` \ � \`� \�� - ... � � s. q R / Iv , .,, , is � t , r' �- , Hr Ij' f��•' .,: , \�,( � �?'qm:.�3 .. � � 3>� t i Y � {' , ! E - f/ 1. ��ji rf , �. I _.� � •� /j ,' Z p . � \ t i :'�I t , '1 - "� P t � • m /'r r'' I � . .i�� t • j� �,�s� , lo ' t ! 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N H -Ni R7 • a D v v v my w v o v v <; sE 1 n -, a 'n a v a, -: v Q All SIC o w Tx 2 g 9 P czi m o 2 P C TJm N S ti� n1 = n K O m y 1A 0 FR m ° r. \oleolRp- Tea wa.1.�+,ISmaa Q n PERMIT DRAWINGS FOR THE 1 hereby certify that this plan. specification, REVISIONS SIGNATURES FILE NAME: $ MAJOR MODIFICATION AT THE or report was prepared by me or under my BY DATE REMARK BY DATE DRAWN BY: JRB2 DATE: APRiI. 2009 D a m SKB ROSEMOUNT INDUSTRIAL WASTE FACILITY direct supervision and that t am a duly ® JR82 4/04 MODIFIED RECLYCLING PAD GRADES Registered Professional Engineer under APPROVED �h & Van Dyke Z - ROSEMOUNT, MINNESOTA the. laws of the State of Minnesota. JR02 4/04 ADDED SEDIMENTATION BASK+ V JR02 4/04 EXTENDED CELL 3 PERIMETER BERM REVIEWED Q NT HAS REUSE a DOCUMENTS VI _______________________________ TNS DOCIAIE BEEN DEVELOPED FOR A SPECIFIC Z 10 TOP OF FINAL COVER GRADES K °thleen M. Osborne Q DESIGNED APPLICATION AND NOT FOR GENERAL USE. THEREFORE IT 10 MAY NOT BE USED. WITHOUT THE WRITTEN APPROVAL OF o Date ----------- Registration t 23726 RECORD DRAWINGS OF COMPLETED CONSTRUCTION CONFORMING MAY A VAN DYKE end ASSOCIATES. UNAPPROVED USE s ° TO CONTRACTORS ANAJOR OWNERS RECORDS. BY DATE THE SOLE RESPONSWTV OF TIE UNAUTHORIZED USES N AFFIDAVIT OF POSTED and PUBLISHED NOTICE of a PUBLIC HEARING for CITY HALL 2875 -145th Street West Rosemount, MN 55068 -4997 Phone: 651-423-4411 Hearing Impaired: 651- 423 -6219 Fax: 651-423-5203 Application for an Amendment to the On -Sale liquor License for Celts, 14506 South Robert Trail CITY OF ROSEMOU NT STATE OF MINNESOTA) COUNTY OF DAKOTA ) § CITY OF ROSEMOUNT ) I, Linda J. Jentink, being first duly sworn, depose and say: I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On April 23, 2004, I posted at Rosemount City Hall, 2875 145th Street West, a copy of the attached Notice of Public Hearing for the application for an amendment to the on sale liquor license for CELTS, 14506 South Robert Trail. Also, attached is a copy of the Rosemount Town Pages affidavit showing publication on April 23, 2004. Dated this 4th day of May, 2004. Linda J. Jentink, y Cl City of Rosemount Dakota County, Minnesota r "4 CITY OF ROSEMOU SIT CITY OF ROSEMOUNT NOTICE OF PUBLIC HEARING Application for an Amendment to the On -Sale Liquor License for Celts, 14506 South Robert Trail CITY HALL 2875 - 145th Street West Rosemount, MN 55068 -4997 Phone: 651- 423 -4411 Hearing Impaired: 651 - 423 -6219 Fax: 651- 423 -5203 NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will conduct a public hearing at 7:30 p.m. on Tuesday, May 4, 2004, in the Council Chambers at City Hall, 2875 145 Street West, Rosemount, Minnesota. This public hearing is being held to consider an amendment to the On -Sale Liquor License for Celts which would change the classification from Class B to Class A. Comments will be taken from persons desiring to be heard with reference to the above hearing item. Written comments will be accepted up to the time of the hearing and will be included in the discussion at this hearing. Dated this 23rd day of April, 2004. Linda J. Jentink,, City Clerk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available - Please contact the City Clerk at (651)322 -2003, or TDD N. (651)423 -6219, one week prior to the meeting to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc a N The Rosemount Town Pages AFFIDAVIT OF PUBLICATION Chad Richardson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper, known as The Rosemount Town Pages, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.07 and other appl' bl ws s amended. (B) The printed r. �`1(`�1%► C o "P_ r Vii, fir: Enna. _ which is attached, was Yut from the columns of said ewspaper, and was printed and published once each week for successive eeks; ih as first published on Friday, the _ day of 2004 and was thereafter printed and published on every Friday, to and including Friday, the— ___ _ day of , 2004; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrsmvw :�;7 By: Subscri Aand to before me on this day Notary Public AFFIDAVIT DAWN M SMITH NOTARY PUBLIC • MINNESOTA I -oil My Canmigslon Expires Jan, 31, 2006 C*4 C&y 6F It6SEMOUNT, NOTICE OF PUBLIC HEAIMG Application fl r an Amendment to the On-Salle Liquor Lleeme for calls, 140M South Robert Trat NOMCE 1S HEREBY GIVEN, that the City Council of the City of Rosemount will conduct a public bear - Ing at 7:30 pm. on Tuesday; May 4, 1004, In the QWWI Chambers at City Hail, 2975 145 Street War, Roientodat. h(hinesots. This public hearing is being held to consider an amendment to he On -Sole Liquor License for Celts which would change the classification ftom Class B to ash A. Comments will be taken from persons dashing to be heard with reference to the above hearing Item. Written comments will be accepted up to the time of the hearing and will be Included in the discussion u this hearing. Dated this 23rd day of April, 2004. /a/ Linda J. lentink, City Clerk City of Rosemount Dakota County; Minnesota Aialllary aids and services are available - Pkaae con- tact, the City Clerk at (654322.2003, or TDD N. (651)423-6219, no later than July 26th, 2000 to snake a request. Examples of auxiliary aids or services may Include: sign language into prerer, dssisdve listening kit, accessible netting location, etc. 4123/04 anoge pap!Aoid uo!low eqj Aq lenoidde spuewwooaa gejS •991 esuaoll 941 ul aseaaoul pajeaoid pue juawpuawe aqj col tuewAed apew pue ss000id Aj!o pemollol seg ype8 �W AmvwwnS . La g L AeW col palnpagos s! yoigm 6utaeaq ollgnd a aimbaa osle ll!m s!yi •ssau!snq sig jo abelool aaenbs ui aseaaoui eqj a}epoww000e 01 asuao!i aonb!l s!y ol juewpuewe leuo!j!ppe ue pue sueld aooll pap!wgns seg gpeg •aW - sales pool jo %l,g eqj u!el.ulew 0111no!Pp aaow aq pinom j! sales paseaaoui pue coeds leuolj!ppe eqj yl!m 1egj sjoefoid aH •uo!Ieool juaaano slu le 6ulpl!nq eqj jo pua ypou eqj apnioui of sseu!snq siy puedxe o} sueld ype8 •aW ,,'(666� `Otb•IAX'pJO) •esueo!I g sselo a jo} apew si uo!}eoildde ssalun sesueoil y sselo se penss! aq Il!m sesueo!l aonbll bu!l.eo!xol!.ui alas -uo lly •Ztl peo2j Ajunoo }o Aem 1.o tg6!a eqj jo (,00£)1aal paipung aaay} u!gl.!m si goigm ses!waad Aue jol ao Zl, peo�j Ajunoo of }ueoefpe si goigm puel jo laoied jo eoa!d 'jol a uo si yoigm sas!waid Aue jol panssi aq jou Aew asuaoil y sselo •sa6eaanaq o!loyooleuou pue pool 10 ales agt waJ paA!aap senuanaa 10 a6el.ueoiad eqj o} se palo!al.sarun aie pue saaols ionb!i aA!snloxa pue sl.ueinelsai `slajog of penss! eq Aew sesuaoll y sselo •sl.uawaa!nbai esog} laaw seop silaO pue aeq y sselo a c ol stuawaa!nbaa uoljeool sey apoO Aj!0 inO '005`1,$ si eel asueo!l ApeeA `sniels jeq `y ssel: ag} pue 000`E$ si cal asueo!i 8 sselO y •d sselo a ol. %l q jo sales pooj 6uu!nbaa wojj papuewe aq asueo!l 8 sselo eqj patsenbaa `sl.laO }o jaumo 'ypeg uopuea8 aNnOijsNove aIeg -uo y sselo a of 8 sselo a waj asuaa!I ionb!i puawy 3nSS1 b00Z `1 AeW :a }ea 6u!199W i!ounoo Aj!0 NO113V 210 Auvwwns 3A11n03X3 1NnOW3SO21 :jO A110 ,r : NO113V IIVNI IN313ON HlnOS goin '3N1 dnObJ AlllllVlldSOH S,NHWNVI31S1133 NO=l 3SN3311 Nonon 3ivs - NO 3H1 qN3WV Ol NOU.mOsm d anoidde of uogoW :N011av a 3aN3WWO33N 'A8 a3AONddV WiinlOS321 `NOliV0Ildd`d V SSV10 :S1N3WHaVllV Od X121310.1110 `�iNf1N3f `ddNII :AS a3NVd3Nd JN121d3H onancl S1130 210.1 1N3WdN3WV :NOI133S vaN3!DV 3SN3011 2jom11 31VS-NO M311 VaN=ISV b00Z `1 AeW :a }ea 6u!199W i!ounoo Aj!0 NO113V 210 Auvwwns 3A11n03X3 1NnOW3SO21 :jO A110 ,r CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 - A RESOLUTION TO AMEND THE ON -SALE LIQUOR LICENSE FOR CELTS /BARMAN'S HOSPITATILITY GROUP INC. 14506 SOUTH ROBERT TRAIL WHEREAS, Barman's Hospitality Group Inca has requested an amendment to their original liquor license to change the classification from Class B to Class A; and WHEREAS, Celt's location, 14506 South Robert Trail, does comply with the limitations set forth in the Class A liquor license description; and WHEREAS, manager /owner Brandon Barth has satisfied the fees involved in this amendment. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Rosemount supports the amendment to this liquor license which allows Celts to change from a Class B license to a Class A liquor license. ADOPTED this 4th day of May, 2004, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Linda Jentink,_City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: CITY OF ROSEMOUNT APPLICATION FOR CLASS A OR CLASS B ON -SALE INTOXICATING LIQUOR LICENSE ON -SALE INTOXICATING LIQUOR LICENSE HOLDER: Barman's Hospitality Group Inc. Celt's 14506 South Robert Trail Rosemount, Minnesota 55068 Please indicate below the type of On -Sale Intoxicating License you are applying for the Year 2004: pplicant must choose either Class A or Class B) Class A License: (May be issued only to hotels, restaurants and exclusive liquor stores and are unrestricted as to the percentage of revenues derived from the sale of food and non- alcoholic beverages.) Class B License: (May be issued only to hotels and restaurants where 51 % or more of total revenues are derived from the sale of food and non - alcoholic beverages for consumption on the premises or to a bowling center where 25% or more of total revenues must be derived from the sale of food and non - alcoholic beverages for consumption on the premises:) I have submitted a statement signed by an independent certified public account attesting that 51 %0 or more (or 25% in case of restaurants operated in conjunction with a bowling center) of total revenues of the above business was derived from the sale of food and non - alcoholic beverages during the preceding 12 months) Applicant Signature: �� Title: s i 1 4�� Date: