HomeMy WebLinkAbout9.a. Zoning Text Amendment to the Waste Management Districtr,
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: March 6, 2003
AGENDA ITEM: Zoning Text Amendment to the Waste
AGENDA SECTION:
Management District — Section 6.17; requested
New Business
by SKB Environmental
PREPARED BY: Rick Pearson, City Planner
AGENDA4 f 9 `? A/
ATTACHMENTS: Draft Ordinance, Current Zoning Ordinance
APPROVED BY: VV
excerpt, PC Minutes 2- 11 -03.
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Applicant & Property Owner(s): SKB Environmental
Location: TH 55 Industrial Waste Containment Facility
Planning Commission Action: Recommendation of approval (5 -0)
SUMMARY
ow
The Applicant is requesting approval of a zoning text amendment that will facilitate the land - filling of construction
demolition (C & D) material in a new cell located alongside the already permitted cells at the TH 55 site. Li 1996, the
applicant was successful in obtaining approval to expand the Inver Grove Heights C & D land -fill into Rosemount, forming
the southern edge of the cell that is now phasing out. The amount of C & D material on the Rosemount side was 200,000
cubic yards. The same amount was used in a zoning text amendment at the time limiting the total amount of C & D
material that could be land filled anywhere in the city to 200,000 cubic yards (Ord. B -64, 6- 18 -96).
Adoption of the requested amendment would remove the 200,000 cubic yard maximum. In reality, land - filling is only
allowed in the Waste Management (WM) District anyway, and the only land in Rosemount with WM zoning is at the SKB
site, and the edge along side the Inver Grove Heights facility. Therefore, the City still has the regulatory authority of
zoning (which must be consistent with Comp Plan) and the Interim Use Permit process. In the opinion of Staff, the City is
not losing any regulatory leverage. In addition, Staff is proposing that standards that regulate recycling operations currently
found in the General Industrial District should be added to the Waste Management District.
Zoning Excerpt:
6.17 WM WASTE MANAGEMENT DISTRICT:
B. Uses Permitted by Interim Use Permit:
2. Construction Demolition Waste Facility subject to the following restrictions:
a-. Recycling operations subject to requirements of Section 12.5 Faeil t, eens*....etion debri d no
exeeed 200,000 eubie yafds of total peFmittedwaste Volume within the Rosemount Ger-per-ate
it";
b. The facility is developed, operated and maintained in accordance with an approved interim use
permit by the City of Rosemount and all other applicable local, state and federal laws.
c. Permits for the facility by the State of Minnesota, and Dakota County are pending or have
received approval. (Ord. B -64, 6- 18 -96).
PLANNING COMMISSION PUBLIC HEARING AND REVIEW
The Planning Commission conducted a public hearing as required for the amendment. No one other than the applicants
and Mike Lynn of MPCA participated in the public hearing. The Commissioners adopted the recommendation supporting
the amendment with minimal discussion.
Section 6.17.B.2.a of Ordinance B, the Zoning Ordinance.
RECOMMENDED ACTION:
Motion to adopt an ordinance ar
CITY COUNCIL ACTION:
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING THE CITY ZONING CODE ORDINANCE B
REGARDING MINERAL EXTRACTION
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS
AS FOLLOWS:
SECTION I. Section 6.17 WM Waste Management District: B. Uses
Permitted by Interim Use Permit: of Ordinance B — City of Rosemount Zoning
Ordinance is repealed as follows:
6.17.B. Uses Permitted by an Interim Use Permit:
2. Construction Demolition Waste Facility subject to the following restrictions:
a. Facility construction debris do not exceed 200,000 cubic yards of total
permitted waste volume within the Rosemount Corporate Limits.
SECTION II. Section 6.17 WM Waste Management District: B. Uses
Permitted by Interim Use Permit: of Ordinance B — City of Rosemount Zoning
Ordinance is amended to read as follows:
6.17.B. Uses Permitted by an Interim Use Permit:
2. Construction Demolition Waste Facility subject to the following restrictions:
a. Recycling operations subject to requirements of Section 12.5
SECTION III. This ordinance shall be effective immediately upon its passage
and publication according to law.
ENACTED AND ORDAINED into an Ordinance this 6"' day of March, 2003.
CITY OF ROSEMOUNT
ATTEST:
William H. Droste, Mayor
Linda Jentink, City Clerk
Published in the Rosemount Town Pages this day of , 2003.
WM WASTE MANAGEMENT DISTRICT:
A. Purpose and Intent: This District is intended to accommodate waste
industries and the inherent environmental problems associated with waste
management.
B. Uses Permitted by Interim Use Permit:
1. Nonhazardous industrial waste containment facility. (Ord. B, 9- 19 -89)
2. Construction Demolition Waste Facility subject to the following
restrictions:
a. Facility construction debris do not exceed 200,000 cubic yards of total
permitted waste volume within the Rosemount Corporate Limits.
City o f Rosemount
Page 110 (130 -'TOM a r- PA &F-
- T� P
b. The facility is developed, operated and maintained in accordance with
an approved Interim Use Permit by the City of Rosemount and all other
applicable local, state and federal laws.
c. Permits for the facility by the State of Minnesota and Dakota County are
pending or have received approval. (Ord. B -64, 6- 18 -96)
18: P PUBLIC AND INSTITUTIONAL DISTRICT:
s A. urpose and Intent: This District is primarily in ded to accommodate
m ' r public and institutional uses of a go ental, educational,
cultur recreational, public service an ealth care nature that serve the
entire
commZand ity. ere available, s ctures shall be serviced by the public
sewer water stems.
B. Uses Permitted by 'ght. 11 public and institutional uses, facilities and
structures. (Ord , 9 -19 -89
C. Uses Pe fitted by Planned Unit Dev ment (PUD):
l..0'emeteries. (Ord. B -43, 7 -5 -94)
6.1y FP FLOOD PLAIN DISTRICT:
A. Pumese and Tntent- The Flnnd Plain T);eth;r -t ;o ' Po,( aA *A - ,-,, ;A- 171- -A
Planning Commission Meeting Minutes
February 11, 2003
Page 2
Commissioner Napper asked about the height of the landfill. Mr. O'Geara stated the eight will
b 35 -38 feet higher because of the pyramid that is closed and certified as closed w' the MCPA
reg ations. They cannot lower that pyramid. The new elevation allows for wa r run-off. The
planti will come off the edges of the pyramid and the middle will have an dulation with a
thicknes enough to plant trees. There are no plans to come back in the re to make the
pyramid hi er than currently proposed.
Chairperson We ensel confirmed that the recording secretary h placed on file with the City the
Affidavits of Maili and Postings of a Public Hearing Notic d Affidavits of Publication
concerning the public earings on the agenda.
Chairperson Weisensel ope ed the public hearing. T ere was no public comment but
Chairperson Weisensel noted at letters in suppo ere received from Paul Eggen of the
Rosemount Chamber of Comme e, Linda KirkX, and John Warwig
MOTION by Messner to close the pu lic Baring. Second by Anderson. Ayes: Napper;
Weisensel, Messner, Anderson. Nays: A Motion carried.
Chairperson Weisensel stated he w s pleased see SKB using the outreach service available
through the University of Minn ota.
MOTION by Anderson to ecommend that the City uncil amend the Interim Use Permit for
SKB to include the cell odifications and the constructi & demolition cell subject to:
1. Obtaining all cessary approvals and permits from plicable State and County
regulatory encies.
2. Amendi the zoning ordinance to allow the increased unt of Construction &
Demo ' ion material in the new cell.
3. Exe tion of an amended Interim Use Permit Agreement inco rating recommendations
o e City Attorney.
4. he C & D recycling / transfer station shall be required to conform w' the requirements
of the Site Plan review process (Section 12.3 of the Zoning Ordinance).
S cond by Messner. Ayes: Weisensel, Messner, Anderson, Napper. Nays: 0. ion carried.
Public Hearing: Zoning Text Amendment to the Waste Management District
SKB Environmental is requesting approval of a zoning text amendment that will facilitate land -
filling of construction & demolition material in a new cell alongside the already permitted cells.
In 1996 the applicant was successful in getting approval to expand the Inver Grove Heights C &
D landfill into Rosemount to form the southern edge of the cell that is currently phasing out. The
amount of material on the Rosemount side was 200,000 cubic yards. The same amount was used
in a zoning text amendment at the time to limit the total amount of C & D material that could be
land - filled anywhere in the City. The requested amendment would remove the 200,000 cubic
yard maximum. Since land - filling is only allowed in the WM District, the only land in
Rosemount with that zoning is at the SKB site and along the edge of the Inver Grove Heights
facility. The City would still have the regulatory authority of zoning and the Interim Use Permit.
process.
Planning Commission Meeting Minutes
February 11, 2003
Page 3
Chairperson Weisensel opened the public hearing. There was no public comment.
MOTION by Anderson to close the public hearing. Second by Napper. Ayes: Messner,
Anderson, Napper, Weisensel. Nays: 0. Motion carried.
MOTION by Anderson to recommend that the City Council amend the zoning ordinance to
repeal Section 6.17.B.2.a of Ordinance B, the Zoning Ordinance. Second by Napper. Ayes:
Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried.
Mr. Pearson stated the City Council will review the Interim Use Permit Amendment possibly at
the next meeting on February 20, 2003, otherwise it will be on the March 6, 2003 agenda.
blie Hearing: Stein Lot Split/Combination
This placation involves the redistribution of property owned by the late Elizab i Stein to her
kids, D ald Stein and Susan Stein. No new lots are being created; however e two southerly
parcels wi not have the standard rural lot frontage on a street. Staff is cu ently in discussions
with the appl ants to identify alternatives to access to the southern two arcels as well as the
appropriate in d of securing improvements to Coffee Trail that w Id be necessary.
Revisions may be rthcoming and as a result, Staff is recommen however
the public hearing be
continued until Feb ry 25, 2003.
Chairperson Weisensel re ened the public hearing. Th e were no public comments.
Chairperson Weisensel note an email received from 'chard Hanson in support of this
application.
MOTION by Messner to continue t publi Baring until February 25, 2003. Second by
Anderson. Ayes: Napper, Weisensel, e ner, Anderson. Nays: 0. Motion carried.
Public Hearing: Bloomfield 7 A ition ncept PUD Amendment
Centex Homes is requesting to an nd the Bloo field Planned Unit Development to change the
housing type in one of the !et orhoods on the e t side. The change from 40 conventional
single- family to 54 attached i.ts in 3 -unit townhom and involves the same amount of land
and a similar street desig The number of housing unit is increased by an additional 35
percent.
/ation, one stree onnection at Auburn Avenue with the street oping. The compressed
pattern lows for more open space between the homes an e railroad tracks. The
m set ack for single family homes to the railroad right -of -way about 60 feet. With this
to e townhomes the distance to the railroad tracks would be abo 270 feet. By
i the amendment, there would be a reduced amount of paved surfac resulting in less
o the wetland on the west side, an increase in units will increase the am nt of park
on, and by clustering the homes further away from the railroad tracks, ther\imor e open
ith additional buffer potential. If approved the housing mix would go from ent
mily and 42 percent multi - family to 50 percent of both single - family and nily.
T 7
INTERIM USE PERMIT AGREEMENT
REISSUANCE to SKB, INC.
MINNESOTA INDUSTRIAL CONTAINMENT FACILITY
THIS AGREEMENT, dated , 2003, is made by and between SKB Environmental
Inc. (hereinafter "SKB ") and the City of Rosemount, a Minnesota municipal corporation
(hereinafter the "City "). The parties hereto agree as follows:
1. Interim Use Permit. SKB assumed the obligations of an Interim Use Permit (IUP)
originally granted by the City on March 19, 1992 (Resolution 2000 -29) for the construction,
operation, and maintenance of the Minnesota Industrial Containment Facility (MICF). The
execution of this Agreement by the parties shall constitute approval and reissuance of the IUP by
the City subject to the provision of this Agreement. This Agreement constitutes the reissued IUP,
as amended. Compliance with Minnesota Pollution Control Agency Permit No. SW -383 , dated
July 2. 1998 (MPCA Permit) as renewed and amended, and Dakota County Solid Waste License,
approved November 26, 2002 (DC License) as renewed and amended, which are incorporated
herein by reference, and conformance with the application of SKB to the City as amended 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), are conditions of the IUP. This IUP is issued by the City in accordance with
Ordinance B, City of Rosemount Zoning Ordinance, adopted September 19,1996, as amended,
including Section 11.3.
2. Term. The MICF Permit Renewal Application for Permit No. 383 Minnesota
Industrial Containment Facility, Rosemount, Minnesota Volumes I, III, and IV, dated October
2001, as modified by letter to Mike Lynn of the MPCA from William Keegen, P.E. of SKB,
dated January 3, 2003 and attachments thereto and Volume II dated October 2001, updated
January 2003 (the "MICF Permit Application "), details the revised design, construction,
operation, closure, corrective actions, and revisions thereto, and financial assurances for a five
cell non - hazardous industrial waste containment and construction and demolition facility, with
an anticipated operating life of twenty- three, (23) years. Construction, operation, and closure of
the individual cells will be phased throughout the operating life of the facility. Consistent with
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the term of MPCA Permit and the provisions of Ordinance B, this ILTP is valid for five years
from the date issued, reissued, or until terminated or amended by the City. Prior to expiration of
the IUP, or to apply for an amended IUP, SKB shall request that the City review and reissue the
IUP. To avoid possible termination of the IUP at the time the IUP expires, an application for
reissuance of the permit must be submitted no later than 180 calendar days before the expiration
date of the permit. The reissuance of the IUP may, at the option of the City, be approved without
modification to this Agreement, or the City may require SKB to modify this Agreement.
3. MICF Description. MICF is located on property legally described on attached
Exhibit A. The 236 -acre site is located between TH55 and CR 38, lying easterly of the Chicago
and Northwestern Railroad. The location of MICF is illustrated on attached Exhibit B.
MICF consists of five (5) containment cells, each occupying a surface area and
waste volume capacity as follows:
(a) Cell 1 contains 5.7 acres and 338,442 cubic yards;
(b) Cell 2 contains 17.1 acres and 1,422,199, cubic yards;
(c) Cell 3 contains 36.9 acres and 6,002,900, cubic yards; and
(d) Cell 4 contains 10.7 acres and 1,679,300, cubic yards; and
l7
(e) Cell 5 contains 37.2 acres and 5,471,100 cubic yards.
The anticipated operating life of MICF is twenty -three (23) years based on a total capacity of -
14,913,941 cubic yards. The facility also consists of an office /laboratory building, a container
management building, rail and truck unloading facilities, leachate storage tanks and on -site
stormwater retention areas. The general site plan is illustrated on attached Exhibit C.
This Agreement allows for the construction and maintenance of all the roadways,
railways, buildings, leachate storage tanks, stormwater retention structures, sanitary sewer,
berming, landscaping, and other ancillary components of MICF.
Such construction and maintenance is subject to the provisions of this Agreement, compliance
with City ordinances and issuance of necessary permits. Construction of the constriction and
demolition recycling /transfer station will require site plan review and approval by the City.
Subject to the provisions of Section 12, this Agreement also allows for the construction,
operation, closure and post - closure care of cells 1, 2, 3, 4, and 5 and all related earth work and
excavation, subject to the provisions of this Agreement, compliance with City ordinances and
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issuance of necessary permits.
4. Design Plans and Specifications. SKB shall construct MICF in accordance with
plans, specifications and procedures approved by the Minnesota Pollution Control Agency
(MPCA), Dakota County (DC) and the City. Landscaping shall be completed in accordance with
the approved landscape plan as identified in Exhibit E of this Agreement. Any exceptions to the
approved plans and specifications made during construction shall be listed in the Construction
Certification provided pursuant to Section 9. SKB shall not make any alteration or addition to
MICF that would materially alter the method or effect of disposal without first obtaining the
written approval of the City Administrator.
5. Quality Assurance /Quality Control. SKB shall construct, operate, and monitor
MICF in accordance with the quality assurance /quality control plan(s) approved by MPCA.
Any modifications to the quality assurance /quality control plan(s) require the written approval
of the City Administrator.
6. Additional Construction Permits. SKB shall obtain all required construction
permits, such as grading, excavation, building, plumbing, heating, electrical, and occupancy
permits, in accordance with the adopted standards, procedures, and requirements of the City.
All construction- permits for improvements identified in Section 3 and authorized by Issuance of
the IUP are administratively issued and administered.
7. Construction Inspection. SKB shall instruct its contractors and subcontractors
to contact the City at least two (2) working days in advance of routine inspections (building,
plumbing, electrical, etc.) required by the City. SKB shall contact the City at least ten (10)
working days in advance of the commencement of construction of liner installations, leachate
collection systems, and final cell cover. During hours of construction, SKB shall grant the City
and its agent, upon presentation of proper credentials, access to MICF for the purpose of
inspections and enforcement related to construction.
8. Sanitary Sewer Connection. MICF shall remain connected to the Metropolitan
Interceptor and the Rosemount Wastewater Treatment Plant. SKB will be responsible for all costs
resulting from the sewer connection including, but not limited to, the City's engineering,
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construction, permitting, easement, and legal costs.
9. Construction Certification. Within thirty (30) days of construction completion,
SKB shall submit to the City a copy of the construction certification as required by MPCA.
10. Soil Protective Cover. The City acknowledges the ongoing nature of soil cover
placement and will not require notice for inspections. The City and its agents may make random
inspections throughout the life of MICF.
11. Operations and Maintenance. SKB shall operate and maintain MICF in
accordance with the "Operational Plans" (volume III, MICF Permit Application), MPCA Permit,
and DC License. No amendments may be made to the "Operational Plans" without the written
approval of the City Administrator.
12. Waste Acceptance. SKB shall accept reject, and manage wastes according to
the approved "Waste Acceptance Plan" (Volume II MICF Permit Application). SKB shall not
dispose of any wastes identified as unacceptable wastes in the "Waste Acceptance Plan ", City
Zoning Ordinance, DC License or MPCA Permit. No amendments may be made to the "Waste
Acceptance Plan" without the written approval of the City Administrator.
A. Disposal of Ash/Conditions. Despite the provision of Section 12 above, SKB
may dispose of ash at MICF, but only pursuant to the following conditions:
1) SKB shall not use ash as cover over waste when fill heights exceed the height
of the perimeter berm at the MICF.
2) During transport of all ash to the MICF, trucks carrying ash must be covered
with tarpaulins adequate to limit dusting.
3) SKB shall take adequate steps to prevent dust migration from ash disposal at
the MICF. SKB may utilize, but is not limited to, one or more of the following
methods for dust control: a) conditioning the ash by addition of moisture;
b) handling ash when wind conditions are calm; c) immediately covering ash
It
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with cover materials. All methods utilized must be in conformance with all
other provisions of the permit.
4) Ash disposal at MICF must not result in leachate discharges to the Rosemount
Waste Water Treatment Plant (WWTP) that fail to comply with Industrial
Discharge Permit requirements of the MWCC.
5) SKB shall submit with its annual report a summary of the quantity (in tons
and cubic yards), type and source of ash deposited into MICF and shall
provide an evaluation of the effects of ash on the chemical composition of
leachate discharged from the MICF to the Rosemount WWTP.
6) Any ash disposal that requires an Environmental Assessment Worksheet
(EAW) and/or an Environmental Impact Statement (EIS) shall not be
permitted under this permit without first securing approval by the City
Council following completion of the environmental review process.
13. Personnel Training. All SKB personnel involved in the operations and
maintenance of MICF shall be trained, qualified, and certified as identified in the "Operational
Plans ".
14. Incident Reporting. For any incident during operations at MICF resulting in
emergency shutdown; personal injury, release, explosion or fire, SKB shall notify the City's
Police Department by telephone within two (2) hours of the detection of the incident;
emergencies shall require immediate notification. SKB shall promptly furnish the City with
written reports of the incident, as specified in the plans.
15. General inspections, Records, Reporting, Enforcement. SKB shall,
during normal operating hours, grant the City and its agents, upon presentation of proper
credentials, access to MICF for the purpose of inspections and enforcement of this agreement.
Except for information deemed privileged in accordance with state law, SKB shall allow the
City to inspect written documentation pertaining to compliance by SKB with the terms of this
IUP. Records pertaining to compliance at MICF shall include but are not limited to, operating
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records as described in the "Operational Plans ", the "Corrective Action Plan ", and MPCA
Permit; inspection records; monitoring, investigation and modeling data; personnel training
records, reports and plans required by regulatory agencies; correspondence with regulatory
agencies; and records and correspondence regarding waste characterization, evaluation,
management, inspection and acceptance /rejection. All information obtained during the course of
inspections shall be used solely by the City or its agents for matters pertaining to this IUP.
SKB shall furnish the City with a copy of the "Annual Report" according to the
timetable and requirements of MPCA, as identified in MPCA Permit.
16. Contingency Actions. SKB shall implement contingency and /or corrective
actions as specified in the permit application and MPCA Permit and DC License. SKB shall
furnish the City with a copy of the remedial measures report or remedial measures plan,
according to the timetable specified in MPCA Permit. No amendments may be made to the
Corrective Action Plan" or the "Postclosure Contingency Action Plan" without the written
approval of the City Administrator.
17. Monitoring/Reporting. SKB shall monitor MICF in accordance with
MPCA Permit. Nothing shall be construed to prevent SKB from exceeding MPCA Permit
requirements:
18. Closure. SKB shall close MICF in accordance with the Requirements of
MPCA Permit. SKB shall notify the City at least ten (10) working days prior to the date closure
activities for each cell are scheduled to begin. SKB shall notify the City at least ninety (90) days
prior to the date final closure activities for MICF are scheduled to begin. Upon completion of
closure of a cell or MICF, SKB shall notify the City to provide the opportunity for a final
inspection. A copy of the closure certification and supporting documentation that is required by
MPCA Permit shall be submitted to the City upon submittal to the MPCA. No amendment may
be made to the "Closure Plan" (Volume I, MICF Permit Application), as amended by Exhibit E
of this Agreement, without the written approval of the City Administrator.
Closure under current plans, including Exhibit E, will require the expenditure of
approximately three to four million dollars. At the time of application for each reissuance of
this IUP, SKB will initiate discussions with the City about the closure plans and will provide
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such information in connection with such closure plans or alternatives to the closure plan as the
City may request. If it is determined by SKB and the City that the approved plan is not
sufficiently beneficial to justify the cost or that there is a better or more suitably use that is less
expensive, and if such alternative end use is approved by the City and all other governmental
agencies of competent jurisdiction, the Development Commitment will be amended to provide
for the payment to the City of increased charges in an amount equal to the difference between
the cost of the closure and end use plan approved by this Agreement and the cost of the
approved and agreed upon alternative end use plan.
19. Postclosure. SKB shall provide postclosure care of MICF in accordance
with the requirements of MPCA Permit. No amendments may be made to the "Postclosure Plan"
(Volume I, MICF Permit Application) without the written approval of the City Administrator.
20. 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. SKB has represented and the
City has agreed that final closure and the end use of the MICF will be in conformance with
Exhibit E. This will represent an additional cost to SKB of approximately three to four million
dollars. Because this final plan may be amended in the future and because the MICF is
- expected to operate for a substantial period of time before the expenditure-of such sums, the
City is not requiring the posting of financial assurances to guarantee compliance with the end
use plan at this time. However, if the end use plan is not amended, the City will require the
posting of additional financial assurances at the time of one or more future reissuances of this
IUP.
21. Development Commitment. The provisions of the Development Commitment,
approved by the City Council on October 3,1989, and dated October 17, 1989, as amended by
Addendum dated , 2003, are incorporated by reference as conditions of the ILTP
and attached as Exhibit D. With respect to the disposal of ash as authorized in Section 12. A. of
this Agreement, SKB shall pay the sum of $3.25 per ton, based upon a waste generator charge
of $75.00 per ton for the City base service charge, as identified in Section 10b of Exhibit D.
The ash disposal charges set forth in this Section are subject to the generator charge adjustments
set forth in Section 10c of Exhibit D. In addition, with respect to the disposal of construction
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The provisions of this Section and Sections 9, 10, and 11 of Exhibit D shall
survive the termination of the Agreement and shall remain in effect for one year following
closure of the MICF.
Within one year of the date of this Agreement, SKB and the City will re- evaluate
the terms of Exhibit D that relate to Community Trust Fund and the terms of the Trust
documents to determine whether such terms continue to be reasonable and appropriate to the
needs of the community.
22. Responsibility for Costs. SKB and the City agree to fund the out -of- pocket
expenses incurred by the City in the review and issuance of the reissued IUP, according to the
provisions of the Development Commitment. Costs incurred by the City for ongoing monitoring
of the operation of MICF and administration of the IUP shall be paid by the City.
23. Hours of Operation and Traffic Control. MICF operations are restricted to the
hours of 6: 00 a. m. to 8: 00 p. m., Monday through Saturday. The hours of operation may be
amended by the City Council for reasonable cause. The City Council may impose traffic
circulation and routing requirements on the operation of MICF at any time it deems such
requirements necessary or convenient in the public interest. Such requirements, which may
include restricting trucks entering or leaving MICF to right -in and right -out turning movements
to and from CR 42 and TH 55, shall be given in writing and shall specify the days, times or
circumstances during which such requirements apply.
24. Indemnification. SKB shall defend, indemnify and save the City, its officers,
and employees harmless from and against any and all claims, suits, demands, actions, fines,
damages and liabilities, and all costs and expenses related thereto (including, without limitation,
reasonable attorneys' fees) arising out of or in any way related to MICF.
The provisions of the Section shall survive the termination of this Agreement and
shall remain in effect until final resolution of any and all of the various claims and actions made
as defined in this Section.
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25. Other Laws and regulations. SKB agrees to comply with all other laws,
regulation, permits, or licenses that apply to MICE
26. Severability. If any provision of this Agreement is found to be invalid, such
finding shall have no effect on the validity of the remainder of this Agreement.
27. Notice of Violation. Notice of violation of any provision of the IUP shall
be given to SKB by the City in writing. Such written notice shall specify the violation and
request that the violation be corrected. SKB shall have ten (10) days after receipt of notice to
correct the violation. Upon evidence that the health, safety, and welfare of the public is not in
jeopardy and upon evidence of diligent cooperation by SKB to correct the violation, the City
Administrator may agree in writing to extend the ten -day period.
28. Termination. This IUP shall terminate on the happening of any of the
following events, whichever first occurs:
(1) Five (5) years from the date of this Agreement;
(2) Upon change in the City's zoning regulation that renders the use
nonconforming;
-_ . ( 3) By the City Council (Council) for violation of any provisions of the IUP, in
accordance with the following procedures: Termination shall not occur earlier
than ten (10) working days from the time the written notice of termination is
served on SKB or, if a hearing is requested, until written notice of the Council
action has been served on SKB. Notice to SKB shall be served personally or by
registered or certified mail at the address designated in the IUP. Such written
notice of termination, the nature of the violation or violations constituting the
basis for the termination, the facts that support the conclusion that a violation or
violations has occurred and a statement that if SKB desires to appeal, it must
within ten (10) working days, exclusive of the day of service, file a request for a
hearing. The hearing request shall be in writing stating the grounds for appeal and
be served personally or by registered or certified mail on the City by midnight of
the tenth (10th) working day following service. Following receipt of a request for
a hearing, the City shall set a time and a place for the hearing.
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HEARINGS:
A. If SKB properly requests a hearing on termination of the IUP, such hearing shall
be held before the Council, or a hearing examiner as provided below, and shall be
open to the public.
B. Unless an extension of time is requested by SKB in writing directed to the City
and is granted, the hearing will be held no later than forty -five (45) calendar days
after the date of service of request for a hearing, exclusive of the date of such
service. In any event, such hearing shall be held no later than sixty (60) calendar
days after the date of service of request for a hearing, exclusive of the date of such
service.
C. The city shall mail notice of the hearing to SKB at least fifteen (15) working
days prior to the hearing. Such notice shall include a statement of time, place, and
nature of hearing.
D. Hearing Examiner. The Council may by resolution appoint an individual, to be
known as the hearing examiner, to -conduct the hearing- and to make findings of fact,
conclusions, and recommendations to the Council. The hearing examiner shall
submit the findings of fact, conclusions and recommendations to the Council in
written report, and the Council may adopt, modify, or reject the report.
E. Conduct of the Hearing. SKB may be represented by counsel. The City, SKB,
and additional parties, as determined by the Council or hearing examiner, in that
order, shall present evidence. All testimony shall be sworn under oath. All parties
shall have full opportunity to respond to and present evidence, cross examine
witnesses, and present argument. The Council or hearing examiner may also
examine witnesses.
F. The City shall have the burden of proving its position by a preponderance of the
evidence, unless a different burden is provided by substantive law, and all findings
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of fact, conclusions, and decisions by the Council shall be based on evidence
presented and matters officially noticed.
G. All evidence that possesses probative value, including hearsay, may be admitted
if it is the type people are accustomed to rely on in the conduct of their serious
affairs. Evidence that is incompetent, irrelevant, immaterial, or unduly repetitious
may be excluded. The hearing shall be confined to matters raised in the City's
written notice of termination or in SKB's written request for a hearing.
H. At the request of the City, SKB, or the hearing examiner, a pre- hearing
conference shall be conducted by the hearing examiner, if the Council has chosen to
use one, or by a designated representative of the Council. The pre- hearing
conference shall be held no later than five (5) working days before the hearing. The
purpose of the pre - hearing conference is to:
(1) Clarify the issues to be determined at the hearing.
(2) Provide an opportunity for discovery of all relevant documentary,
photographic, or other demonstrative evidence in the possession of each
party. The hearing examiner or City's representative may require each party
to supply a reasonable number of copies of relevant evidence capable of
reproduction. -
(3) Provide an opportunity for discovery of the full name and address of all
witnesses who will be called at the hearing and a brief description of the
facts and opinions to which each is expected to testify. If the names and
addresses are not known, the party shall describe them thoroughly by job
duties and involvement with the facts at issue.
I. If a pre - hearing conference is held, evidence not divulged as provided above may
be excluded at the hearing.
J. If SKB fails to appear at the hearing, it shall forfeit any right to a hearing before
the Council or hearing examiner.
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29. Amendments. Any changes in the provisions of this Agreement requested by
SKB require the express written consent of the City. The City may at its option impose addition
requirements for the IUP when changes or amendments in waste management rules, laws, or
technology are in the best interest of public health, safety, and welfare, or if there are changes in
the MPCA Permit or DC License. The procedure to amend the IUP shall be the same as the
procedure required to issue the IUP.
30. Enforcement. SKB shall reimburse the City for its reasonable costs
(including without limitation engineering and legal fees) incurred in the enforcement of the IUP,
that results in a City Council decision to terminate the IUP. Payment of these costs will be in
addition to the City Service Charge, provided for in the Development Commitment.
31. Interpretation. In any challenge of the provisions of this Agreement, the
interpretation of the provisions shall be liberally construed to protect the public health, safety,
and welfare.
32. Assignment. The IUP is not assignable or transferable without the express
written consent of the City. In the event an assignment of the IUP is proposed, the City may at
its option - impose additional requirements to this Agreement or may require a new agreement.
33. Notice. Notices given pursuant to this Agreement shall be personally
delivered or sent by certified mail to City of Rosemount, 2875 145th St. W., Rosemount,
Minnesota 55068 -0510 and to SKB, Inc., 13425 Courthouse Boulevard, Rosemount, Minnesota
55068. All notices shall be effective upon receipt.
34. Recording. This Agreement shall run with the subject land and may be
recorded in the Dakota County Recorder's Office.
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