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9.b. SKB Interim Permit Modification
A CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: March 6, 2003 AGENDA ITEM: SKB Interim Use Permit Modification �A Applicant & Property Owner(s) Location: Area in Acres: Comp. Guide Plan Desig: Current Zoning: Nature of Request: Planning Commission Action: PREPARED BY: Rick Pearson, City Planner ATTACHMENTS: Draft Amended Interim Use Permit; Draft Addendum to Development Commitment; SKB Environmental's Booklet & reductions; Planning Commission Minutes 2- 11 -03. O� Approx. 235 acres Waste Management Waste Management John C. Domke for SKB Environmental TH 55 Industrial Waste Containment Facility AGENDA SECTION: New Business AGEND 9 U APPROVED BY: Add a construction — demolition cell and increase capacity overall by utilizing the gaps between the existing cells. Recommendation of Approval (4 -0). SUMMARY This request is two -fold. SKB Environmental is looking for a new site to land -fill construction demolition debris. This request occurs as the SKB Inver Grove Heights facility off of 117 Street is closing up. That facility is primarily a construction demolition (C & D) landfill. The four permitted cells occupy approximately 70 acres, amounting to about _30 %0 of the site. The new C & D cell would occupy about 38 acres, bringing the combined cell area to 108.4 acres or about 46 % of the site. The entire 235 acres is zoned for the waste containment facility. Therefore, the land use question is already settled. The issue is the impact of the redesign of the facility, the traffic it will generate, the aesthetics and conformance with all regulatory requirements. Currently, the Waste Management District limits C & D volumes in the City to 200,000 cubic yards. The C & D cell is projected to contain at total of 5,750,000 cubic yards. This is over 28 times more volume of C & D waste than is currently allowed. Therefore, the Waste Management District section of the zoning ordinance will have to be amended. The other half of the request concerns the overall design of the cells. Currently, the four cells are separated with gaps called "saddles" between them, and they form separate pyramids. The Interim Use Permit Amendment would fill in the saddle areas with materials essentially combining the four pyramids into one. The overall height would be raised about 35 feet, from a permitted finished elevation of 931 to 968 feet above sea level. With the inclusion of the new C & D cell, and no gaps or saddles between the cells, the facility will have a new appearance. SKB is proposing to vary the cover on the cells with vertical ridges that will provide enough depth of soil on top of the cell caps to plant trees. The original design would only permit grasses. SKB has worked with the University of Minnesota Extension Office to implement a revised planting design that creates an oak savanna up the sides of what would now be a large mound. 1 of 2 March 6, 2003 City Council Agenda — SKB Environmental IUP Amendment Executive Summary Page 2. The IUP also includes a C & D recycling / transfer station that includes a concrete `tip - up' panel building and driveway and vehicle maneuvering space. The level of available detail is mostly conceptual, and a future site plan review will be required. On December 18, 2001, the Interim Use Permit was renewed for the next five -year cycle. At that time, the IUP was renewed with no modifications. Therefore, the current IUP is in effect until to 2006. PLANNING COMMISSION PUBLIC HEARING On February 11, 2003, the Planning Commission conducted a public hearing as required to review the IUP amendment request. No one other than the applicant commented. However, several letters of support were received by the Community Development Department. Chairman Weisensel expressed his appreciation of the use of the University of Minnesota Extension services to prepare a naturalistic closure plan. RECOMMENDED ACTION: Motion to authorize the execution of an amendment to the Interim Use Permit for SKB Environmental, CITY COUNCIL ACTION: 2 of 2 January 6, 2003 City of Rosemount 2875 West 145 Street Rosemount, MN 55068 RE: SKB Rosemount Industrial Waste Facility Major Modification Permit No. SW -383 To interested persons: SKB Environmental Inc. (SKB) is proposing a major modification for the SKB Rosemount Industrial Waste Facility (Facility) permit number SW -383. This Facility, which is located in Rosemount, Minnesota, currently accepts non - hazardous Industrial Waste and Municipal Solid Waste Combustor Ash (Ash). As part of this modification request, SKB is proposing to add a Construction and Demolition (C &D) cell along with a C &D recycling/transfer station to the Facility, which will allow for processing of the waste prior to disposal (Drawing No. 9). In addition, SKB is proposing to fill the "saddle" areas between the currently permitted cells. The three saddle areas, C &D waste, Ash, and Industrial Waste will be filled to enhance the end use and aesthetics of the Facility. Currently, the Facility would be completed and closed with four large "pyramids" (Drawing No. 3), which would greatly reduce the end use capabilities of the Facility. The C &D recycling/transfer station will be constructed in the northeast comer of the property and used for additional processing and waste acceptance screening`prior to`final disposal of C &D waste. The general design of this building will consist of 'a fully_` enclosed structure with a concrete floor, a tipping and loading area, and overhead access doors as shown in the attached Drawing No. 10. An example of a similar recycling/transfer station design is shown in Drawings 11 and 12 from our Blaine facility. The specific design features (i.e. number and location of doors, push walls, building elevations, building color, building materials, etc.) will likely be modified to accommodate city ordinances and agreed upon traffic patterns. Historically, all traffic has entered and exited through the main gate (Gate #1) onto State Highway 55. During the 2002 construction season SKB opened an exit gate (Gate #2) onto County Road 38 in the southwest corner of the Facility. Traffic is routed through this exit to ease congestion on Highway 55 during peak - hours or as needed. Gate #1 has 251 Starkey St. • P.O. Box 7216 . St. Paul, MN 55107 Aft 651 - 224 -6329 A FAX 651 - 223 -5053 W Printed on Recycled Paper. 2 of 3 an existing right turn lane to handle the traffic entering the Facility. SKB has had conversations with the Minnesota Department of Transportation (MnDOT) and Dakota County to evaluate the proposed traffic patterns for the Facility and adjacent roadways. There is a general consensus that this proposed traffic pattern mentioned above is the most favorable means of easing the congestion on State Highway 55. According to the Minnesota Department 'of Transportation (MnDOT), in 2000 there were only 10,000 trips per day (TPD) on Highway 55, which is only half of the 20,000 TPD design capacity. With the addition of Gate 42 as an exit there would be an average of 185 additional TPD (10,185 total TPD) on Highway 55, which is less than a 2% increase in volume. In 2000 County Road 38 had only 600 TPD with a design capacity of 15,000 TPD. With the additional traffic routed onto County Road 38 the total of 915 TPD will only utilize 6% of the design capacity. Since Gate #2 has been in service, SKB has found that the routing of traffic onto County Road 38 has eased traffic congestion on Highway 55 and has not adversely impacted the traffic conditions on County Road 38. The C &D cell, -Cell 5, will be located in the southeast corner of the Facility (Drawing No. 4) and will contain approximately 5,471,100 yd of debris (including saddle area). The cell will be progressively filled in five phases, 5A -5E, with an anticipated closure date of April 2020 (Drawings No. 4, 5, and Table 1). The bottom liner system of the cell will consist of a two -foot layer of clay (or equivalent synthetic or geosynthetic liner) overlain by a three -foot layer of protective /draina'ge sand. Upon closure, the cell will be capped with a 40 -mil LLDPE synthetic liner overlain by two feet of cover soils. The C &D saddle area will be located between Cell 5 and Cell 3, and Cell 5 and Cell 2, forming a linear shaped saddle (Drawings No. 4, 6, 8). The interface area of the C &D saddle, which overlies the Industrial Waste Cell 3, will have an 80 -mil HDPE liner (Drawings No. 6 & 8). 4 The Ash Saddle area encompasses the areas between Cell 4 and Cell 1 and between Cell [ CT 91 4 and Cell 3 forming an - L snapea saaaie �i)raw mgs Lvo. 1 T , +, o , _ a). The total voiuine of this saddle is approximately 788,000 yd with an anticipated closure date of July 2022. The Ash Saddle would have a bottom liner consisting of a 2 -foot clay liner overlain by an 80 -mil HDPE liner (Drawings No. 6 & 8). This bottom liner system would be in addition to the Industrial Waste liner system consisting of two foot of clay, a 60 -mil HDPE liner, an 80 -mil HDPE liner, and two feet of drainage /protective sand, which is below the Ash Saddle. Upon closure, the Ash cell and saddle area would be capped with a 40 -mil LLDPE synthetic liner overlain by two feet of cover soils (Drawings No. 6 & 8). The Industrial Saddle will be located between Cell 2 and Cell 1, Cell 2 and Cell 3, and Cell 1 and Cell 3, forming a "T" shaped saddle (Drawings No. 4 & 7). The total volume of the Industrial Saddle is approximately 962,000 yd with an anticipated closure date of August 2026. The Industrial Saddle would have the same bottom liner system as described above for the currently permitted Industrial Waste cells (Drawing No. 7). After reaching closure, the Industrial saddle would be capped with a 40 -mil LLDPE liner and the two feet of cover soils, which would tie into the liner over the other areas of the Facility (Drawing No. 7). G 3 of 3 v After the cells and saddle areas have reached their final waste elevations, the entire area will be covered with a 4 -foot final cover system (Drawing No. 2). This final cover system will consist of a one -foot protective layer overlain by a 40 -mil LLDPE synthetic liner which is overlain by 2.5 feet of compactable soil and 6- inches of top soil. Additional soils will placed up to 10 feet thick in some areas to provide rolling swales and undulations that better simulate a naturally occurring hill and limit the erosion effects associated with the steeper geometric slopes of a traditional landfill (Drawing No. 1). The depth of this soil will also allow larger trees and native vegetation to be planted over the fill areas creating a more natural shaped hill. This hill would replicate the bluffs along the Mississippi River helping to restore the natural bluff corridor and maximize the future end -use options for the site. As part of this corridor, SKB constructed a wildlife viewing area adjacent to the Gate #2 exit on County Road 38. This area provides a place where the general public can park and observe the wildlife in the wetlands on the southwest corner of the property. We believe that this modification will continue to allow SKB to be a significant part of the State of Minnesota's integrated solid waste system. In addition, the modification will allow for the creation of the most aesthetically pleasing end use of the Facility. If you have any questions or concerns regarding the proposed modification please do not hesitate to call John Domke or myself at 651- 224 -6329. Sincerely, Ile � j � William P. Keegan, P.E. _ Environmental Engineer John_ Do-TWke . . Vice President TABLE 1 ESTIMATED CLOSURE DATES :.:. t ::: START: pA1'L_:::: :: COINPLET N:: .[7ATE* Cell 1 al Waste Cell 1 338,442 Dec. 92 Sept. '01 '01 Total 338 ,442 Sept. Cell 2 - Industrial Waste Cell 2A 2B 245,884 Feb. . Dec. '01 Apr. '03 Cell 2C 231,487 567,505 Aug. '00 Dec. '01 Dec. '01 '03 Apr. '03 Cell 2D 377,323 Nov. '03 Nov. Apr. '05 Total: 1,422,199 Mar. 05 Mar. '06 ell 3 - Industrial Waste l 3A l 3B [Cell 825, 000 926,800 Mar. '05 '08 Jan. '08 Apr. '09 l 3C 825,000 Jan. Mar. '11 Mar. '11 '14 Mar. '12 3D 825,000 Jan. '14 Jan. '16 Apr. '15 Cell 3E 867,000 Nov. '16 Nov. '19 Apr. '18 Cell 3F 867,000 Oct. '19 Oct. Oct. '20 Cell 3G 867,100 Sep. '22 g'25 Sep. '23 Total: 6,002,900 Aug. Aug. '26 Cell 4 - Combustor Ash well 4A :;ell 4B 148,200 343,100 Seg• '99 '01 Feb. '06 Apr. '07 fell 4C 180,300 Sep. Feb. '06 Feb. '06 '08 Apr. '07 'all 4D 372,300 Jun. '08 Jun. Jun. '09 ;e11 4E 635,400 Apr. '13 Anr. ' 13 -. Jul. '21 Ap ' i 4 `22 Total: 1,679,300 Jul. Cell 5 - CAD Waste :ell 5A ell 5B 1,224,000 1,509,600 Jun. '02 '05 Dec. '05 Apr. '07 ell 5C 912,500 Dec. Apr. '10 Apr. '10 Apr. '11 ell 5D 912,500 Nov. '12 Nov. 12 '15 Apr. '14 ell 5E 912,500 . '15 Jun. I-- .A- Jun. '16 CITY OF ROSEMOUNT Planning Commission Regular Meeting Minutes February 11, 2003 CITY HALL 2875 — 145th Street West Rosemount, MN 55068 -4997 Phone: 651- 423 -4411 Hearing Impaired 651 - 423 -6219 Fax: 651 - 423 -5203 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Tuesday, February 11, 2003. Chairperson Jeff Weisensel called the meeting to order at 6:30 p.m. with Commissioners David Anderson, Myron Napper, and Jason Messner present. Absent was Commissioner Thomas Schiltz. Also in attendance was City Planner Rick Pearson. The meeting was opened with Pledge of Allegiance. Agenda: City Planner Pearson requested that item 7A be pulled from the agenda and added an update on the Bloomfield 5 th Addition Final Plat at item 7A. Audience Input: None. MOTION by Anderson to approve the January 28, 2003 Regular Planning Commission Meeting Minutes. Second by Napper. Ayes: Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Public Hearing: SKB Interim Use Permit Amendment SKB .is looking to add a construction demolition cell to their current site as the facility off 117 _ Street is closing. This new cell would occupv-38 acres which would bring the combined ce11 area to 108.4 acres or 45.9 percent of the site. Currently the four cells at the site are separated with gaps between them and they form pyramids. This amendment would fill in the gaps with materials to combine them into just one pyramid. The overall height would be raised approximately 35 feet from a permitted finished elevation of 931 feet to 968 feet above sea level. With the addition of the new construction demolition cell and the four current cells becoming one cell, the appearance of the overall facility will change. SKB is proposing to vary the cover on the cells with vertical ridges providing enough depth of top of the soil to plant trees. SKB has worked with the University of Minnesota Extension Office to implement a revised planting design. The current Interim Use Permit was renewed for five years on December 18, 2001. Richard O'Geara, President of SKB Environmental, gave a brief presentation to the Commission.. He gave a summary of what Mr. Pearson stated along with a history of the site and what the future will be. They want the site to be more natural when it is completed. They did have some traffic issues that they have worked to resolve which improved the overall site. They no longer make left hand turns out of their site onto Hwy. 55. When they build the construction cell they would like to build an additional access so that trucks don't have to drive all the way across the landfill Planning Commission Meeting Minutes February 11, 2003 Page 2 Commissioner Napper asked about the height of the landfill. Mr. O'Geara stated the height will be 35 -38 feet higher because of the pyramid that is closed and certified as closed with the MCPA regulations. They cannot lower that pyramid. The new elevation allows for water run -off. The planting will come off the edges of the pyramid and the middle will have an undulation with a thickness enough to plant trees. There are no plans to come back in the future to make the pyramid higher than currently proposed. Chairperson Weisensel confirmed that the recording secretary has placed on file with the City the Affidavits of Mailing and Postings of a Public Hearing Notice and Affidavits of Publication concerning the public hearings on the agenda. Chairperson Weisensel opened the public hearing. There was no public comment but Chairperson Weisensel noted that letters in support were received from Paul Eggen of the Rosemount Chamber of Commerce, Linda Kirkey, and John Warwig MOTION by Messner to close the public hearing. Second by Anderson. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried. Chairperson Weisensel stated he was pleased to see SKB using the outreach service available through the University of Minnesota. MOTION by Anderson to recommend that the City Council amend the Interim Use Permit for SKB to include the cell modifications and the construction & demolition cell subject to: 1. Obtaining all necessary approvals and permits from applicable State and County regulatory agencies. 2. Amending the zoning ordinance to allow the increased amount of Construction & Demolition material in the new cell. - - 3. Execution of an amended Interim Use Permit Agreement incorporating recommendations of the City Attorney. 4. The C & D recycling / transfer station shall be required to conform with the requirements of the Site Plan review process (Section 12.3 of the Zoning Ordinance). Second by Messner. Ayes: Weisensel, Messner, Anderson, Napper. Nays: 0. Motion 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. Public Hearing: Stein Lot Split /Combination This application involves the redistribution of property owned by the late Elizabeth Stein to her kids, Donald Stein and Susan Stein. No new lots are being created; however, the two southerly parcels will not have the standard rural lot frontage on a street. Staff is currently in discussions with the applicants to identify alternatives to access to the southern two parcels as well as the appropriate method of securing improvements to Coffee Trail that would be necessary. Revisions may be forthcoming and as a result, Staff is recommending the public hearing be continued until February 25, 2003. Chairperson Weisensel reopened the public hearing. There were no public comments. Chairperson Weisensel noted an email received from Richard Hanson in support of this application. MOTION by Messner to continue the public hearing until February 25, 2003. Second by Anderson. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0. Motion carried: - Public Hearing: Bloomfield 7 Addition Concept PUD Amendment Centex Homes is requesting to amend the Bloomfield Planned Unit Development to change the housing type in one of the neighborhoods on the east side. The change from 40 conventional single - family to 54 attached units in 3 -unit townhomes and involves the same amount of land and a similar street design. The number of housing units is increased by an additional 35 percent. There is one street connection at Auburn Avenue with the street looping. The compressed housing pattern allows for more open space between the homes and the railroad tracks. The minimum setback for single family homes to the railroad right -of -way is about 60 feet. With this change to the townhomes the distance to the railroad tracks would be about 270 feet. By approving the amendment, there would be a reduced amount of paved surface resulting in less :impact to the wetland on the west side, an increase in units will increase the amount of park dedication, and by clustering the homes further away from the railroad tracks, there is more open space with additional buffer potential. If approved the housing mix would go from 58 percent single - family and 42 percent multi- family to 50 percent of both single - family and mutli- family. Planning Commission Meeting Minutes February 11, 2003 Page 4 Steve Ach, Centex Homes, stated that they are proposing a three -unit building that is single loaded with the two end units being single level and the middle unit being a two- story. They are trying to provide a mix of product to their buyers. This is a new product that they are finding a good reception and demand for. Mr. Ach gave several examples of how this housing type would work best for the proposed location of Bloomfield 7 th Addition.. The footprint space for the single - family is greater than that of the three -unit townhomes, thereby reducing the amount of impervious surface. Mr. Pearson emphasized that this is only a concept review and that if the concept is approved they will have detailed design of the actual building footprints, proposed lot lines, grading plans, landscaping and utility designs. Mr. Ach added that this would have more open space maintained by the association and they would have a full landscape package. They are pulling the development away from the negative impacts such as the railroad and the future Connemara Trail. Chairperson Weisensel opened the public hearing. There was no public comment. MOTION by Messner to close the public hearing. Second by Anderson. Ayes: Napper, Weisensel, Messner, Anderson. Nays: 0, Motion carried. Chairperson Weisensel stated this is a good solution to a difficult area. He likes the buffer area off the railroad tracks and thinks the people living there will too. He also likes the reduced impact on the wetlands. He also likes the housing articulation. He is not concerned with the increased unit counts. MOTION by Messner to recommend that the City Council approve the concept Planned Unit _ Development Amendment subject to: 1. Conformance with the requirements for preliminary/final planned unit development. 2. Rezoning to R -2, Moderate Density Residential. Second by Napper. Ayes: Weisensel, Messner, Anderson, Napper. Nays: 0. Motion carried. Mr. Pearson stated this will go to the City Council probably on February 20, 2003 and at that time will take action on the concept application. Public Hearing: Mike Kulhanek Variance Chairperson Weisensel recessed the Planning Commission Meeting and convened the Board of Appeals and Adjustments Meeting. Mr. Pearson informed the Commission that the applicant, through his attorney, has requested this hearing be continued until February 25, 2003, to allow them more time to revise their plan and address some key issues with regards to the wetlands on the property. Chairperson Weisensel opened the public hearing. Chairperson Weisensel noted an email received from Phil and Karen Casselman in opposition of this variance request. Planning Commission Meeting Minutes February 11, 2003 Page 5 Tracy Dougherty, 12370 Blanca Avenue, is a neighbor of Mr. Kulhanek's. She requested Mr Pearson give a brief presentation on what Mr. Kulhanek is asking for. Mr. Pearson stated that the applicant's property is located at the northern end of Blanca Avenue. A couple of years ago he obtained a variance to build his house that sits between two pre - existing lots that were combined to create a building pad between two wetlands. It is zoned rural residential and the required lot size is 2.5 acres. These two lots combined equal about one acre so Mr. Kulhanek was granted a variance to lot area size for the house. Mr. Kulhanek's overall package placed the house between two existing wetlands. On the eastern side is a significant wetland of fairly high quality and on the western side is a smaller wetland of slightly lower classification and smaller buffer zone. A portion of that buffer zone was impacted with the construction of the house. At that same time the applicant also requested a detached structure on the south side of the wetland and a paved surface area connecting it to the driveway to the garage attached to the house. Acting as the Board of Appeals, the Planning Commission granted the variance for setbacks and lot area for both the house and detached building. A few neighbors appealed the variance to the City Council who overturned the variance granted. They granted a modified variance that only included the house and deluded the detached structure because there . was impact to the wetland, that capacity of the wetland was being reduced and the appellants had a stormwater study prepared by a consultant that indicated potential problems with impacting. these wetlands and reducing the stormwater capacity. Mr. Kulhanek is asking again for a variance, which is his right, for a three -car garage. The request also includes a retaining wall and a portion of the wetland to be filled. Staff was very concerned about the variances and the impact of the wetlands. The applicant has not dealt with the stormwater issue which was a condition placed on the modified variance. Staff feels that because there has been no shown attempt to maintain the storage capacity of this wetland Staff feels since the first finding of the variance deals with health, safety, welfary, they cannot support this variance. Staff is hoping that Mr. Kulhanek will use the next two weeks -to revise his plans and address the stormwater 'issues. . Betty Schneider, 12365 Blanca Avenue, is the neighbor to the southwest of Mr. Kulhanek's. She is opposed to the variance for the same reasons as stated a few years ago and as Mr. Pearson mentioned. She is concerned with the valuation of her property and the probable change in water tables that will affect her property. She also has enjoyed the wildlife and would hate to see that destroyed. Commissioner Napper inquired about a swale on the property and if it was considered a wetland. Ms. Schneider stated that at one time the area where Mr. Kulhanek's house is was one big wetland. When Don Christiansen developed the south end of Blanca Avenue he didn't know what to do with all the dirt so he took it and divided the wetland. Jeff Nelson, 12334 South Robert Trail, lives just west of Mr. Kulhanek. He is also opposed to the variance for the same reasons already stated. He is concerned with the impact of filling the wetlands. The wetland on the west side does not always have water accumulated. It depends on the amount of snow and rain in a given year. Planning Commission Meeting Minutes February 11, 2003 Page 6 - Tracy Dougherty, asked is she would be able to speak at the meeting on February 25, 2003. Chairperson Weisensel stated she could speak tonight or at the next meeting. Mr. Pearson stated the applicant had hoped that all public comment would be deferred for two weeks so they could have an opportunity to respond. Ms. Dougherty asked how much he wanted to fill and if the study they had prepared a few years ago would apply to what Mr. Kulhanek is asking for now.. Mr. Pearson stated he believed Mr. Kulhanek was asking to fill about 1500 square feet and that the study does have merit and gives the Planning Commission and City Council more information on the property. That study was very instrumental in the City Council modifying the variance granted. The Planning Commission, acting as the Board of Appeals and Adjustments, has not yet made a decision and are hoping to receive additional information from the applicant. MOTION by Anderson to continue the public hearing until February 25, 2003. Second by Messner. Ayes: Messner, Anderson, Napper, Weisensel. Nays: 0. Motion carried. Chairperson Weisensel asked that the next packet include a copy of the study prepared, a copy of the meeting minutes when the variance was granted and any information the City took into consideration to overturn that variance. Mr. Pearson stated that most of this information is being reviewed by Chad Donnelly, our Wetland Resources Engineer. Mr. Pearson also stated he is expecting Mr. Donnelly to put together a package. Chairperson adjourned the Board of Appeals and Adjustments meeting and Reconvened the Planning Commission Meeting. Old Business: None. New Business: Bloomfield 5th Final Plat Update Mr. Pearson informed the Commission that the final plat for Bloomfield 5 th Addition extended the lot lines on the east side all the way across the property over a significant ponding basin. Refined design work for the ponding basin has been completed and includes a planting plan. The final plat is being modified on the recommendation of the City Engineer so that the opposite sides of the ponds from the backyards of these lots would not have to be maintained by the owners of those lots. The modification will create an outlot for the perimeter of that pond. Mr. Pearson wanted to inform the Commission for when the mylars come in and look different than the approved final plat. New Business: Biscayne Pointe 5 th Final Plat This final plat is the last step in the planning process to create single family lots for sale. The plat is in conformance to the R -1, Low Density Residential standards and preliminary plat. This development is east of Biscayne Avenue and north of the Connemara Trail alignment. There are 31 lots on approximately 12 acres. Steve Bona of Heritage Development is present to answer any questions. Staff is recommending approval subject to the four conditions. MOTION by Anderson to recommend that the City Council approve the final plat for Biscayne Pointe 5 th Addition subject to: 1. Execution of a subdivision development agreement to secure public infrastructure and private improvements. Planning Commission Meeting Minutes February 11, 2003 Page 7 2. Incorporation of recommendations by the City Engineer regarding drainage, grading, easements, streets and utilities. 3. Payment of all platting and development fees as established in the current fee resolution. 4. Conformance with all of the conditions of the preliminary plat. Second by Messner. Ayes: Anderson, Napper, Weisensel, Messner. Nays: 0. Motion carried. Mr. Pearson stated this will go to City Council when the development agreement is prepared and signed by the developer. That might not occur until March 20, 2003 but Staff will be in contact with Mr. Bona. Director's Report: City Planner Pearson mentioned the correspondence from the Met Council that was passed out before the meeting. They are going to be reviewing the 2030 blueprint and he expects there will be several meetings scheduled in the future. There being no further business to come before this Commission, upon Motion by Weisensel, and upon unanimous decision, the meeting was adjourned at 7:43 p.m. Respectfully Submitted, Chantel Nelson Recording Secretary Lic #1013762 14450 S. Robert Trail, Suite 206 Rosemount, MN 55068 Ofc:651/423 -3535 fax: 651/423 -7033 PAUL.EGGEN.B 6CT @STATEFARM.COM March 6, 2003 Rosemount City Council City of Rosemount 2875 — 145' St W Rosemount, MN 55068 Re: SKB Environmental Interim use permit modification Dear City Council: I understand that SKB Environmental Inc. is requesting a modification to their Interim Use Permit, which would expand the capacity of industrial, and ash waste and allow the addition of a cell to accept construction and demolition waste. As a.businessperson in Rosemount, I have-beemaware of this facility- since it opened in 1992 and it is -° ~ - my understanding that it has been operating in an environmentally sound manner. I believe. SKB Environmental has been a benefit to this community and has contributed to many community activities through the SKB Rosemount Community Trust and to the city directly. f:encourage the approval of this modification, which will improve the appearance of this site and provide even more financial benefits to the Rosemount Community. Best Wishes, PauCEggen - 1, L, USPCI INC. ROSEMOUNT COMMUNITY TRUST -- _________, —_ ► u a na "T _ `(Fiere' =ter co lective y referred to a`s r s t e e s'rj: This Trust Agreement made this day of 1989, by and between USPCI, INC. a corporation organize under under the laws of the State of Delaware (hereinafter referred to as "Donor "), and , 1. Purpose I of Trust. This trust is created and shall be operated exc usively o� r the benefit of the citizens of Rosemount and the City of Rosemount, including, but not limited to, the following purposes: (a) To provide for the construction and maintenance of facilities for public recreation; (b) To further community, industrial, governmental and physical planning in the City of Rosemount; (c) To improve living and working conditions within the City of Rosemount for the general welfare of the citizens of Rosemount. (d) To further public educational opportunities, whether by establishing programs or facilities devoted to educational purposes, or the furnishing of educational scholarships; and (e) To provide for the charitable needs of the citizens of Rosemount and the City of Rosemount, within the meaning of Section 501(c)(3) of the.Internal Revenue Code of 1004 end a�nnn�7ment� aL'.pYlems. ^.lacy Fhornhn .............. . This trust is formed for and shall be operated exclusively for such purposes and in such a manner as shall make this trust tax exempt and the donations to it deductible from taxable income to the extent allowed by the provisions of the Internal Revenue Code of 1986 and such other applicable legislation and regulations as they now exist or as they may be amended. No part of the trust fund shall inure to the benefit of any private shareholder or individual, and no part of the activities of this trust shall consist of carrying on propaganda, or otherwise attempting, to influence legislation, or of participating in, or intervening in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office. Notwithstandinq any other provisions, this trust shall not conduct or carry on any activities not permitted to be conducted or carried on by any organization which is tax exempt or by an organization to which donations are deductible from taxable income to the extent allowed by the provisions of the Internal Revenue Code and other applicable legislation and regulations as they now exist or may hereafter be amended. 2. Name of Trust. The name of this trust shall be the A USPCI, Inc. Rosemount Cunlmunity Trust, and so far as practicable the Trustees .shall conduct the activities of the trust in that name. 3. Trust Fund The Trustees shall accept only donations made in cash from the Donor pursuant to the terms and provisions of that certain Permit dated _ _ issued by the City of Rosemount to Donor. All onations so received, together with the income derived therefrom, herein referred to as the trust fund, shall be held, managed, administered and paid out by the Trustees pursuant to the terms of this Trust Agreement. 4. Use of Trust Fund, The Trustees shall apply the trust fund, at such times, in such manner, and in such amounts as they may determine, to the uses and purposes set forth in Paragraph 1, or they may make contributions to other charitable organizations to be used within the City of Rosemount. For this purpose, the term "charitable organizations" shall mean a corporation, trust or community chest, fund or foundation,, created or organized in the United States or under the law of the United States or any state, organized and.operated exclusively for charitable and I educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office. Subject to th -e foregoing, during the first five (5) years after the establishment of the trust, the Trustees may annually distribute the sum of Seventy- -five Thousand Dollars ($75,000) or the income of the trust, whichever is greater. Thereafter, the Trustees may annually distribute an amount not to exceed the income of the trust. In no event shall the Trustees be required to distribute sums in excess of the trust principal. Furthermore, in the event of a catastrophic occurence as the result of an act of god adversely affecting the welfare of the City of Rosemount or its citizens, the Trustees may, in their discretion, distribute the sum of One Million Dollars ($1,000,000) or one -third (1/3) of the trust fund, whichever is less, for the uses and purposes set forth in Paragraph 1 hereof. Any other provisions of this Trust Agreement notwithstanding, the Trustees shall distribute the trust income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws. 5. Action of Trustees. The Trustees shall meet at least three (3) times during each calendar year at such times and places as they may from to time designate. Thirty (30) days written notice of all meetings of the Trustees shall be given to each Trustee, except where the meeting is an adjourned meeting and the date, time and place of the meeting are decided at the time of adjournment. Written notice shall contain the time and place of the meeting and shall be signed by at least two (2) Trustees. Three (3) Trustees must be present at a duly noticed meeting to constitute a quorum for the transaction of trust business. All -2- � iVl, uc Cie em�n r i nn i a,. actions of the Trustees shall be taken by reso.Lution at a duly noticed meeting or by a written record without a meeting with the unanimous consent of all Trustees. The Trustees shall appoint from among themselves a secretary, who shall keep a record of all actions of the Trustees. All actions of the Trustees, including, but not limited to distribution of income, shall require the affirmative vote of a majority of the Trustees then in office except for the following actions: (a) Distributions of principal from the trust fund shall require the affirmative vote of two- thirds (2/3) of the Trustees then in office, except for distributions of principal made within the first five (5) years after establishment of the trust; and (b) Distributions Rosemount for improvements, expense, or e shall require Trustees then to or for the benefit of the City of maintenance or repairs, street utility improvements, employee salary xpenses for similar public works activities the vote of two- thirds (2/3) of the in office. Any instrument required to be executed by this trust shall be valid if executed in the name of this trust by three (3) of the Trustees. A copy of any resolution or action taken by the Trustees, certified by any three (3) of the Trustees, may be relied upon by any person dealing with this trust. No person shall be required to see to the application of any money, securities or other property paid or delivered to the Trustees, or to inquire into any action, decision or authority of the Trustees. 6. Trustees' Powers. In the administration of this trust a of the trust funa, t e Trustees s hall have all powers and - authority necessary or available to carry - out the - purposes of this trust and, without limiting the generality of the foregoing, shall have the following powers and authority, all subject, however, to the condition that no power or authority shall be exercised by the Trustees in any manner or for any purpose which may not be exercised by an organization which is tax exempt or by an organization to which donations are deductible From taxable income to the extent allowed by the provisions of the Internal Revenue Code and other applicable legislation and regulations as they now exist or may hereafter be amended: (a) To receive the income, profits, rents and proceeds of the trust fund? (b) To purchase, subscribe for, retain, invest and reinvest in securities or other property wherever situated, and whether or not productive or of a wasting nature, and without any requirement for diversification as to kind or amount. The words "securities or other property" as used in this agreement shall be deemed to include real or personal property, corporate shares, common or preferred, or any other interest in any corporation, association, investment trust or investment company, bonds, notes, debentures or other evidences of indebtedness or ownership, secured or unsecured, even -3- t (j) To .employ suitable accountants, agents, counsel and custodians and to pay their reasonable expenses and compensation; (k) To register any securities held by them in their own name, or, to the extent permitted by law, in the name of a nominee with or without the addition of words indicating that such securities are held in a fiduciary capacity and to hold any securities unregistered or in bearer form; (1) To make, execute and deliver all instruments necessary or proper for the accomplishment of the purpose of this -trust or of any of the foregoing powers, including deeds, bills of sale, transfers, leases, mortgages, security agreements, assignments, Conveyances, contracts, purchase agreements, waivers, releases and settlements; (m) To exercise any and all powers granted to Trustees under Minnesota Statutes 5501.66, as it exists at the date of execution of this Trust Agreements and (n) Any other provisions of this agreement notwithstanding, the Trustees shall not engage in any act of self- dealing as defined in Section 4941(d) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws; nor retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws nor make any investments in such manner as to incur tax liability under Section 4944 of the Internal Revenue Code of 1986, -- - - or correspondi i .. ng p ro � l on of any su_sdn__.._ fcr�n�w� VL L:VLLCDNVI��.I i{�7 L.+LV �..say..S f .+...+.. ...J .. .. .. rv.. .. tax laws; nor make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code of 1986, or corresponding provisions of any subsequent federal tax laws. 7. Trustees Desi nation and Succession. The trust shall be managed and administered by tive (5) Trustees". Class I Trustees shall be nominated and appointed by the Mayor of the City of Rosemount, with the approval of the City Council of Rosemount at the first City Council meeting in January of each year. Class I Trustees shall consist ci three (3) Trustees who are residents of the City of Rosemount, selected for their knowledge of the needs of the citizens of Rosemount and the City of Rosemount. No more than one Class I Trustee may be either a member of the Rosemount City Council or an employee of the City of Rosemount. Class I Trustees shall serve for three (3) year terms and may not serve for more than two (2) consecutive three (3) year terms. Upon the initial appointment and designation of Class I Trustees, the Mayor shall designate and stagger the terms of the initial Trustees such that in January of each year a Trustee must be designated and =5- appointed by the Mayor of the City of Rosemount, with the approval of the City Council of Rosemount. Class II Trustees, consisting of two (2) Trustees, shall be designated and appointed by the Donor. Class II Trustees shall serve at the pleasure of the Donor. - Any Trustee may resign his office at any time without leave of Court by written notice to all Trustees then in office. The resignation shall be effective as of the time set forth in said notice of resignation. Vacancies existing in the office of Class I Trustees, for whatever cause, shall be filled by appointment by the Mayor of the City of Rosemount, subject to approval by the City Council of Rosemount. Vacancies existing in the office of Class 11 Trustees, for whatever cause, shall be filled by the Donor. The Trustees may act notwithstanding the existence of any vacancies so long as there shall continue to be at least three (3) Trustees in office. The appointment of Trustees and successor Trustees shall be made by an instrument in writing. In the case of Class I Trustees, the writing shall contain a certified copy of the resolution of the City Council of Rosemount appointing the Trustee or successor Trustee. In the case of Class II Trustees, the writing shall be signed by an executive officer.of the Donor and appoint the Trustee or successor Trustee. Trustees shall assume office immediately upon their appointment, unless the notice of appointment provides otherwise. Every successor Trustee shall have the same powers and duties as those conferred upon the Trustees named-in this Trust Agreement. 8. Bond and Compensation No Trustee shall be required to furnish any bond or surety. Each Trustee shall serve without compensation for services, but all expenses of this trust or of any Trustee shall be paid by the Trustees__from, the trust fund. 9. Accountin b Trustees. The Trustees shall render accounts o their transactions to the Donor and the City of Rosemount at least annually, and the Donor and the City of Rosemount shall approve such accounts by an instrument in writing delivered to the Trustees. In the absence of the filing in writing with the Trustees by the Donor or the City of Rosemount of exceptions or objections to any such account within sixty (60) days, the Donor and the City of Rosemount shall be deemed to have approved such account; and in such case or upon the written approval of the Donor and the City of Rosemount of any such account, the Trustees shall be released with respect to all matters and things set forth in such account as though such account had been settled by the decree of a court of competent jurisdiction. In the event either the Donor or the City of Rosemount do not approve such account, both the Donor and the City of Rosemount shall have such rights as are granted by law to the beneficiaries and trustees of the trust to require an accounting. No persons other than the Donor and the City of Rosemount may require an accounting or bring any action against the Trustees with respect to this trust. The Trustees may at any time initiate legal action or proceedings for the settlement of their accounts ►5 and, except as otherwise required by law, the only necessary parties defendant to such action or proceeding shall be the Donor and the City of Rosemount. 1 Li abili�Z of T rustees. No Trustee shall be answerable for loss in investments rnaee�in good faith. No Trustee shall be liable for the acts or omissions of any other Trustee, or of any accountant, agent,'counsel or custodian selected with reasonable care. Each Trustee shall be fully protected in acting upon any instrument, certificate or paper, believed by him to be genuine and to be signed or presented by the proper person or pesons, and no Trustee shall be under any duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as conclusive evidence of the truth and accuracy of the statements. 11. Amendment. This Trust Agreement may be amended or modified from time to time by the unanimous consent of the Trustees, together with the approval of the City of Rosemount and the Donor, whenever necessary or advisable for the more convenient or efficient administration of this trust or to enable the Trustees to carry out the purpose of this trust more effectively, but no such amendment or modification shall alter the intention of the Donor that this trust be operated exclusively for the purposes set forth in Section 1 hereof, and in a manner which shall make this trust tax exempt and the donations to it deductible from taxable income to the extent allowed by the provisions of the Internal Revenue Code of 1986 and other applicable legislation and regulations as they now exist or as they may be amended. Every amendment or modification of this agreement shall be made in writing, and shall be signed by the City of Rosemount, by two (2) officers of the Donor pursuant_ to, authority of its_. Board_ of--, Directors,.and by all Trustees, _and shall be delivered to each of the Trustees then in office. 12. Irrevocability and Termination. This trust shall be irrevocable, but may be terminated at any time by unanimous action of the Trustees, with the approval of the City of Rosemount and the Donor. Upon any such termination, the Trustees shall promptly distribute the entire trust .fund to qualified recipients under the terms of this trust. 13. Situs. This agreement is executed and delivered in State of Minnesota, the situs of the trust shall be in the State of Minnesota, and all terms and provisions of this trust shall be governed by the laws of the State of Minnesota. 14. Acceptanc of Trust. The Trustees accept this trust, and hold, manage and administer the trust fund in accordance with the terms of this agreement. -7- IN ° WITNESS WHEREOF, this agreement has been executed in Rosemount, Minnesota, by the Donor and each of the named Trustees. Attest: USPCI, INC. By: -- Its: Secretary By: Its; President USPCI, INC. ROSEMOUNT COMMUNITY TRUST FUND Trustee Trustee --i_ Trustee Trustee Trustee STATE OF MINNESOTA) COUNTY OF DAKOTA ) - on this ► day of , 1989, before me, a Notary Public, with end for said County, personally appeared and _ , tie President and Secretary, respectively, o eSPCI, INC., to me known to be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same on behalf of the corporation. Notary Fubli - ' c -8- STATE OF MINNESOTA) COUNTY OF DAKOTA ) On this day of - , 1989, before me, a Notary Public, wit in and for said County, personally appeared �,_ , Trustee for the USPCI, INC. ROSEMOUNT COMMUNITY TRUST FUND, to me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same on behalf of the trust fund. Nota y Pub c STATE OF MINNESOTA) )as. COUNTY OF DAKOTA ) On this day of , 1989, before me, a Notary Public, witWin and for said County, personally appeared Trustee for the USPCI, INC ROSEMOUNT COMMUNITY TRUST FUND, to me known to be the parson named in and who executed the foregoing instrument and acknowledged that he executed the same on behalf of the trust fu'nd'. On this �� day o£ Y , 1989, before me, a , Notary Public wit`Fiin and for s"ala County, personally appeared Trustee For the USPCI, INC. ROSEMOUNT WMMUNITY TRUST F[�UNb, to me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same on behalf of the trust fund. 143tary Public "` STATE OF MINNESOTA) COUNTY OF DAKOTA ) On this � day of ' �_ �, 1989, before me, a Notary Public and for said County, personally appeared COMMUNITY TRUST FUND, me T P nam , INC. ROSin and who executed the foregoing instrument and acknowledged that he executed the same on behalf of the trust fund. NR ary Pub1:'f c -- STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) On this day of -, 1989, before me, a Notary Public,�tTiin and for sa d County, personally appeared _ , Trustee for the USPCI, INC. ROSEMOUNT COMMUNITY TRUST FUND, to me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same on behalf of the trust fund. I Notar Public 100689 -10- INTERIM USE PERMIT AGREEMENT REISSUANCE to SKB, INC. MINNESOTA INDUSTRIAL CONTAINMENT FACILITY THIS AGREEMENT, dated mQC. , 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 lUY. 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 CLL #: 227659 v2 RS220 -36 =e the term of MPCA Permit and the provisions of Ordinance B, this IUP 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 KT, 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 (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 construction 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 CLL- 227659v2 2 RS220 -36 i t 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, CLL- 227659v2 3 RS220 -36 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 CLL- 227659v2 4 RS220 -36 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 ". i m ak+w ccrU T1/ 14. Incident Reporting. For any incident during operations at MICF resu 'ng in emergency shutdown; personal injury, release, explosion or fire, SKB shall notify the C y's Police Department by telephone within two (2) hours of the detection of the incide t, 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, 1—_ 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 CLL- 227659v2 5 RS220 -36 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. IS. 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 CLL- 227659v2 6 RS220 -36 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 MK. (0 , 2003, are incorporated by reference as conditions of the IUP 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 CLL- 227659v2 7 RS220 -36 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. CLL- 227659v2 9 RS220 -36 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. CLL- 227659v2 10 RS220 -36 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 CLL- 227659v2 11 RS220 -36 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. CLL- 227659v2 12 RS220 -36 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. CLL- 227659v2 13 RS220 -36 PIPY 19 2000 15:25 FR TO 29162 P . ©4: 'e b EXHIBIT A Parcel 1: That part of the East Half of the Southeast Quarter of Section 19, the Northwest Quarter of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section 20, all in Township 115 North, Range 18 West of the Fifth Principal Meridian, Dakota County, Minnesota, bounded and described as follows: Commencing at the West Quarter corner of said Section 20; thence Easterly along the East and West Quarter Section line thereof, a distance 347.4 feet to a post, said post being the point of beginning of the parcel of land herein described; thence deflecting 135 degrees 41 minutes to the right running Southwesterly along a straight line parallel with and distant 170 feet Southeasterly, measured at right angles, from the center line of the tangent portion of the Chicago and North Western Transportation Company (formerlythe Chicago Great Western Railway Company) belt line track to the West line of said East Half of the Southeast Quarter of Section 19; thence Northerly along said West line of the East Half of the Southeast Quarter of Section 19 to the center line of said belt line track; thence Northeasterly along said belt line track center line to a point in the Southwesterly right -of -way line of Minnesota Trunk Highway No. 55; thence Southeasterly along said right -of -way line to an iron monument, said monument being 170 feet Southeasterly, measured at right angles, from the center line of said belt line track; thence Southwesterly parallel with said belt line track center line a distance of 1,009.2 feet to the point of beginning, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. Parcel 2: Tract A: That part of the East half of the Southeast Quarter (E 1 /a of SE 114) of Section Nineteen (19), -r ..._ ::, ri: o H x.0.1 1: iFfaan 111 S� N; rt'h RgngP Eig hteen f181 West of the Fifth Pr L own s h1'J ()ne 1Jtittuj Meridian, which lies Southeasterly of the following described line: Commencing at the West Quarter comer of said Section Twenty (20), Township and Range aforesaid, thence Easterly along the East and West Quarter section line thereof a distance of 347.4 feet to a post, which post is the point of beginning; thence deflecting 135 degrees 41 minutes to the right running Southwesterly on a straight line parallel to and 170 feet distance from, measured at right angels, the center line of the Chicago and North Western Railway Company (formerly Chicago Great Western Railway Company) belt line track, to the West line of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4) of said Section Nineteen (19) and there terminating, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. ALSO: Tract B: Beginning at the Southeast corner of the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) of Section Twenty (20), Township One Hundred Fifteen (115), Range Eighteen (18) West of the Fifth Principal Meridian; thence West along the South line of said Quarter section to a point 1168939 "1PY 19 2000 15:26 FR TO 2 #162 P - CS , which is 347.4 feet East of the Southwest corner of said Southwest Quarter of the Northwest Quarter (SW 1/4 of N`VV 1/4) of Section Twenty (20); thence Northeasterly in a straight line to a point on the Southerly line of State Trunk Highway No. 55, which point is 203.25 feet Southeasterly of a point where the center lineofth.e United States Government Road intersects the Southerly line ofHighway 55; thence Southeasterly along the Southerly line of said State Highway No. 55, to the East line of said Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) of said Section Twenty (20); thence South along the said East line to the place of beginning, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. ALSO: Tract C: The West One -Half of the Southwest Quarter (W' /2 of SW 1/4) of Section Twenty (20), Township One Hundred Fifteen (115), Range Eighteen (18), according to the Government Survey thereof, excepting therefrom the part lying Northwesterly of the following described line: Commencing at the West Quarter corner of said Section Twenty (20); thence Easterly along the East and West Quarter section line thereof, 347.4 feet to a post, which post is the point of beginning; thence deflecting 135 degrees 41 minutes to the right running Southwesterly on a straight line, parallel to and 170 feet distant from, measured at right angles, the centerline of the tangent portion of the Chicago and North Western Railway Company (formerly Chicago Great Western Railway Company) belt line track, to the West line of said Section Twenty (20) and there terminating, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. Parcel 3: All of the Southeast Quarter of the Northwest Quarter and the East Half of the Southwest Quarter Iving Southerly of S.T.H. No. 55; Section 20, Township 115, Range 18. Also that part -of the East Half of the Northwest Quarter of Section 29, Township 115 North, Range 18 West of the 5' Principal Meridian which lies Northerly of County Road 38, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. Parcel 4: All that part of the Northwest Quarter of the Southeast Quarter of Section 20, Township 115 North, Range 18 West, described as follows: Beginning at a point on the North and South Quarter section line of said Section 20, 330 feet South of the intersection of said Quarter line with the Southerly right -of -way line of S.T.H. No. 55, thence North along said Quarter line to the center of said highway, thence Southeasterly along said centerline 660 feet, thence South and parallel with said Quarter line to a point 330 feet South of the Southerly right -of -way line of said highway, thence Northwesterly 652.81 feet to the point of beginning, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. 1168939 2 r1RY 1.9 2000 15:26 FR Parcel 5: TO 29162 P. ©6. /06 That part of the Southeast Quarter of the Northwest Quarter of Section 20, Township 115 North, Range 18 West, Dakota County, Minnesota, described as follows: Beginning at the point of intersection of the West line of said Southeast Quarter of the Northwest Quarter with the Southerly right of way line of the St. Paul Southern Electric Railway as it was located on January 1, 1931; thence run South along said West line for 293.13 feet; thence run Easterly at an angle of 76 degrees 30 minutes 00 seconds to said West line (measured from North to East) for 305 feet to an intersection with the Southerly line of said railway; thence run Westerly along the Southerly line of said railway for 372 feet to the point of beginning; which lies Southerly of a line run parallel with and distant 50 feet Southwesterly of Line 1 described below: Line 1: Beginning at a point on the West line of said Section 20, distant 1117 feet South of the Northwest comer thereof; thence run Southeasterly at an angle of 53 degrees 02 minutes 00 seconds from said West section line (measured from South to East) for 3000 feet and there terminating, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. Abstract Property. 1168939 3 z0e• =add �ers �zb ':9 j 97 :ai 96. Sz N(11' a a o _ Z Z U W O U = O m w > i co to (C 4 0 V A Y _ W { Z uj iL 0 U O W _ O Z N W O w '•� 0. � W w o Q Z W Z_ m \ C 0. W O Z e a ' 1• 1 r iL. O m W ® w W z z a w i u u Z O .. 'I O 1 1 Z U m CL W }� 2 t� + p Y Z UJ Z 0. F�•� U 0. �W / W co z U . = O d U O o r 1 1 U 0 3 f � r i ' J ' 0 w � J I I � i � x 2 • d 1Nt'�OW�, j0 J.l I9 ES- 96, S2 Wf Ey,iAiH T c.- Ali `i% — " ' lam • _ ��_ %` �1 L >,_ . r` 1 �,',� \\, : ;� < I I I�I I \ ^\ ��,,r moo• -- _ , ", `'�= �,-_ =< � � ' 1 h USPCI / DOLIUD©© �® �� '•� \ , .� , �\• ��_ � % `_� ' � r `� \\` >\ \� LOCATION NAP k INITIAL CONTOURS OF SITE �''�\ t� (,�� ' �� ^! --- 1• �`~'°� F -� ` � �, --tip - �'.- DEVELOPMENT COMMITMENT USPCI, INC. (herein referred to as "USPCI") a Delaware corporation with its principal office at Houston, Texas and its local office at Rosemount, Minnesota, makes the following representations and commitments to the CITY OF ROSEMOUNT, a Minnesota municipal corporation located in Dakota County, Minnesota (herein referred to as "'City"). WITNESSETH: 1. Project - Facility USPCI proposes to locate in the City a non - hazardous industrial waste containment facility ("the Facility or "the Project.") as generally.described in both the Environmental Assessment Report dated November 28, 1988, prepared by Environmental Engineering and Management, Ltd., a copy of which Environmental Assessment Report (herein referred to as "EAR ") has been provided to.the City as well as the Preliminary Permit Application dated April, 1989 Which was also prepared by Environmental Engineering and`Management, Ltd. The Facility will be located on approximately 240 acres of land ("the Property ") as is more specifically described on the attached Exhibit "A", which is incorporated herein by reference. The proposed Facility is a "state of the art" project and will allow containing of non- hazardous industrial waste in a manner vastly superior to the way these wastes are presently being disposed of in Dakota County. 2. Environmental Impact Statement USPCI has affirmatively requested an Environmental Impact Statement ( "EIS ") of the Project which study is presently underway. r10/S/89 3. Approvals It is understood that various governmental approvals are required for the Project including approvals at the federal, state, and regional as well as local level. 4. Economic Benefits The Facility, in addition to providing a estate of the art" facility for the handling of non- hazardous industrial waste, will also provide economic incentives from USPCI as delineated in this Commitment to the City as required,in conjunction with permits and approvals required under the City Zoning Ordinance. NOW, THEREFORE, USPCI hereby represents and commits to the City as follows: S. City Approval The commitments herein contained are subject to USPCI obtaining all governmental approvals required for the Project, including but not limited to all permits, authorizations and approvals from the City required to allow construction, operation and maintenance of the Facility. The f w }� :.f1TT1TT1 11v° TTi[` T 'C - ar f�,r i - �, Qr ��r�ri � i�� vaac. Wr.eA up _ r .+� •.a acy vvaa..i ..a... u �+al a.a lC issuance, e and continuance of all permits, approvals and authorizations required to allow construction, operation and maintenance of said Facility. 6. USPCI to Proceed USPCI agrees to construct, operate and maintain the Facility on all or a portion of the Property, as outlined in the EAR, subject to obtaining all necessary approvals and subject to such modification, if any, as may be required, and agreed to by USPCI resulting from the EIS or reasonable mandates from other approving authorities. �4= 7. Tax Increment Financing USPCI understands the capabilities of the City or its HRA to establish and operate TAX INCREMENT DISTRICTS in their program to expand industrial and commercial development in the City. In an effort to assist in this effort USPCI will not object to the City or its HRA in establishment of such a district to include the Property. 8. Park Dedication Fees USPCI recognizes the City of Rosemount's Park and Recreation development program and the methods the City uses to fund this program by collection of "Park Dedication Fees ". USPCI also recognizes the equivalent payment which would be required to be paid if their Project would be required to go through a platting process. Because the City could require this platting and a specific park dedication fee would be required, although the City is not requiring that the Property be platted, USPCI will voluntarily make a non - refundable payment of $85,000 in lieu of the park dedication fee. This is the amount often (10) acres equivalent dedication or ten (10) times the current per acre value for this purpose. (1989 value of $8,500 per acre = $85,000). The payment may be made in five (5) equal annual installments of $17,000 each. The first installment shall be due on the date the City issues a permit for the Project and subsequent installments shall be due annually . thereafter on the same day each year for the next four (4) years. If USPCI - decides to pay the fee in installments, it agrees to furnish the City an irrevocable letter of credit to guarantee - 3 - payment of the unpaid portion of the fee. The bank issuing the letter of credit and the form of the letter of credit shall be approved by the City. 9. Option to Purchase At such time as the storage cells are completed and closed, and the Facility will no longer be accepting waste, the City will have an option for a period of 12 months immediately subsequent to closing of the last cell, to purchase that portion of the Property not required for closure and maintenance of the Facility. Said option right will terminate, if not exercised prior thereto, 12 months after closure of the last cell. The purchase price will be an amount equal to 85 percent of the value of the Property being purchased, as said value is determined by appraisal. USPCI shall select one appraiser familiar with real estate values in Dakota County and the City shall select one appraiser familiar with real estate values in Dakota County. The two appraisers shall select a third apprais =r and the three appraisers snail proceed to determine the fair market value of the Property. If the two appraisers selected by the City and USPCI are unable to agree on the third appraiser, they shall apply to the Chief Judge of the District Court in Dakota County, Minnesota and the Chief Judge shall select the third appraiser. Any valuation agreed upon by a majority of the appraisers shall be accepted as final by both USPCI and the City. Payment shall be in cash, at closing, unless otherwise agreed by the parties with the Property being sold in an "as is" condition, free of all encumbrances and with real estate taxes due in the year of closing pro -rated to date of - 4 - closing. USPCI shall provide to the City an Abstract of Title or Registered Property Certificate, evidencing marketable title,. or title insurance from a title insurance company acceptable to the City. USPCI shall have the right to determine which acreage is not required for closure and maintenance and is therefore subject to the terms of this option, which determination shall be made at the time of closure of the last cell. Upon closure of the last cell, USPCI shall notify the City in writing of this event, receipt of which notice shall commence the 12 month option period. Notice of exercise of the option, during the option term, shall be in writing delivered to USPCI. Closing shall be within 90 days of notice of exercise of the option. The City may, during the term of the option, exercise same and purchase the Property, but shall not be under any obligation to do so. If prior to closure of the final cell, a portion of the Property has been conveyed to the Metropolitan Waste Control Facility for its use and pu- -poses , aS is presently contemplated with reference to approximately ten (10) acres of the subject Property, said Property shall be excluded from the Property to which the option rights shall apply. If requested by the City, USPCI will execute and deliver to the City a real estate option in standard recordable form, setting forth the terms of this option. 10. City Service Charge a. Basis for Charge USPCI recognizes certain aspects of the prior - approval review, placement and operation of a Facility of the nature proposed in a residential /rural type city has required and will further require the City to expend funds =OPM for the pre - approval review and the ongoing monitoring of the operation of the Facility, the administration of the permit for the Facility and interaction with'USPCI and state, county and federal agencies. The City may incur other costs associated with the Facility and its impact on the City. b. Base Service Charge To offset those costs, USPCI will, for each ton of waste deposited into the Facility, pay the City a City Service Charge. The City Service Charge which shall initially be imposed,.commencing with the first day the Facility accepts waste, shall be computed at the rate of $2.75 per ton, for each ton accepted and disposed of in the Facility. Tonnage computation for the City Service Charge shall be the same as for the Waste Generation Charge. This City Service Charge shall be subject to adjustment, from time to time, and offset, as hereinafter provided. Payments shall,be made monthly to the City at 2875 - 145th Street West, Rosemount, Minnesota 55068, or such other location d2signated ill writing by the city. Payments for each month shall be due by the 15th day of the following month. C. Generator Charge Adjustment At the present time it is anticipated that the initial per ton fee charged by USPCI to . waste generators ("Waste Generator Charge") will be $75.00 per ton, and the City Service Charge payable to the City, is predicated on that anticipated Waste Generator Charge. If the Waste Generator Charge is increased or decreased by USPCI (other than as a result of an increase in amounts due governmental entities after the Facility commences operation, such as special taxes, permit fees, etc., which governmentally required increases shall not impact the per ton charge due the City pursuant to this paragraph) then the City Service Charge shall be adjusted pro - rata. Accordingly and by way of example, if there is a ten (10) percent increase in the Waste Generator Charge (other than governmentally mandated) then the City Service Charge shall likewise be increased by ten (10) percent. Adjustment based on this subparagraph (c) shall be applied to the previously existing City Service Charge, before the following adjustments or offsets. d. Adjustment for Future Required, Legislatively Imposed, or Negotiated Payments If there are future required, negotiated or legislatively mandated payments due to the City by USPCI (other than as provided herein) the intent of which is to respond to impacts resulting from the Facility, such payments shall be an offset against and a reduction of the amounts due the City pursuant to this paragraph. Accordingly and by way of example if the Minnesota Legislature or other governmental entity with authority to do so mandates that ricur 1 - - 1 LL _ ..i .�71/G111 pay one Ci a tax, or other imposition, the amount of said tax or imposition shall reduce the City Service Charge, dollar for dollar, due pursuant to this paragraph. e. Consultant Offset To assist the City in evaluating the Application of USPCI for necessary rezoning and permit issuance, the City has, and will hereafter retain outside consultants (e.g. legal, environmental, etc.) to assist it. USPCI has agreed to reimburse the City for these outside consultant expenses, pursuant to a letter agreement dated in August 1989. Pursuant to said letter agreement, USPCI has - 7 - deposited funds with the City and may hereafter deposit additional funds with the City, to reimburse the City for outside consultant expenses. At the time of City issuance of the last permit required by USPCI to construct the Facility, the amount of the outside consultant expense incurred by the City will be determined and will be paid by USPCI to the City unless these funds advanced by USPCI to the City exceed said amount, in which case said excess shall be returned to USPCI. The total amount expended or incurred by the City up to the time of issuance of the last permit (the "Consultant Offset^' amount) will be an offset against the City Service Charge due the City by USPCI pursuant to the preceding provisions of this paragraph. Said Consultant Offset amount will reduce the per ton City Service Charge at the rate of 25 cents per ton, until the total Consultant Offset amount has.been eliminated. Accordingly and by way of example if the total.consultant charge amount is $50,000, the amount due by USPCI to the City for the first 200,000 tons deposited in the Facility, determined in accordance with the foregoing subparagraphs, shall be reduced by 25 cents per ton. f. The City agrees that the funds provided pursuant to this paragraph will not be used in any manner directly competitive to the business operations of USPCI at the Facility. Nothing in this provision shall be construed to limit the City of Rosemount's participation in recycling efforts. 11. City of Rosemount - USPCI Community Trust Fund a. Establishment USPCI in conjunction with the City - 8 - will establish a Community Trust.Fund which shall be known as the City of Rosemount - USPCI Community Trust Fund. The trust fund will be administered by a board of trustees made up of five (5) persons, three (3) of whom will be designated by the City and two (2) by USPCI. The trust will be funded by USPCI with a payment of $4.00 per ton (subject to adjustment as hereinafter provided) for each ton of waste accepted and disposed of in the Facility during the years that the Facility is accepting waste. Tonnage computation for the City Service Charge shall be the same as for the Waste Generator Charge. Payments to the trust shall be made monthly at such place designated in writing by the trustees. Payments for each month be due by the 15th day of the following month. b. Use The principal of the trust may only be used at the determination of the trustees as set out in the trust agreement. Detailed activity of the trust fund shall be as set forth on the tact rlocutncn4r a copy o f �aF,;..i, ; t4-- . -1,- -3 v ..aaivaa is a V LCitrllC 11CL LV as Exhibit "B" and incorporated herein by reference. C. Adjustment Based on Waste Generator Charge At the present time it is anticipated that the initial per ton fee charged to waste generators ( "Waste Generator Charge ") will be $75.00 per ton, and the Community Trust Fund Charge payable to the Trust, is predicated on that anticipated Waste Generator Charge. If the Waste Generator Charge is increased or decreased by USPCI (other than as a result of an increase in amounts due governmental entities after the Facility commences operation, such as permit fees, etc., which governmentally required increases shall not impact the per ton charge due the City pursuant to this paragraph) then the Community Trust Fund Charge shall be adjusted pro -rata. Accordingly and by way of example if there is a ten (10) percent increase in the Waste Generator Charge (other than governmentally mandated) then the Community Trust Fund Charge shall likewise be increased by ten (10) percent. Adjustment based on this subparagraph (c) shall be applied to the previously existing Community Trust Fund Charge, before the following adjustments or offsets. d. The City agrees that the funds provided pursuant to this paragraph will not be used in any manner directly competitive to the business operations of USPCI at the Facility. Nothing in this provision shall be construed to limit the City of Rosemount's participation in recycling efforts. 12. Miscellaneous -a._ The City will be given access to operating records of USPCI for the purpose of verifying the accuracy of the amounts reported to have been accepted at the Facility. b. USPCI agrees that any permit issued by the City for the Project may incorporate the provisions of this Commitment. C. USPCI agrees not to sell, assign, or transfer its interest in the Facility or Property without the prior consent of the City. It is further understood that the City may not assign rights or obligations of the City hereunder without.prior written consent of USPCI. - 10 - 13. Summary USPCI feels it is in the best interest of the City as well as the region and the state that a Facility be constructed consistent with "state of the art" technical knowledge to accommodate non - hazardous industrial waste. The proposed Facility is . a "state of the art" project and will allow containment of said non - hazardous waste in a manner vastly superior to`the manner in which said wastes are presently being disposed of in Dakota County. Portions of the Property have been designated by the Minnesota Pollution Control Agency as "intrinsically suitable" for such a Facility. Thus, USPCI agrees to use their best efforts to accomplish all necessary steps to allow the construction and operation of the Facility for the good of all persons concerned. This Development Commitment is executed by USPCI, INC. this 7 day of Or , 1989. USPCI, IN By: Its . V - 11 - Subject to the above provisions, the City will cooperate with USPCI in the permit application process and provide reasonable assistance to USPCI in seeking all necessary approvals,. Accepted and agreed to thi day of �W cetl 1989. CITY OF ROSEMOUNT By. $Zp llan Hoke, Ma r By tephAh Jilk, ministrator/ Clerk - 12 - G� ��✓% \i �\ r �y e }3J c L� PONL SYMBOL QTY BOTANICAL NAME COMMON NAME SIZE ROOT COND. RM 9 Ace, rubrum Red Maple 1 -1 1/2 cal B&B HB 12 Ceitis oceidsOU be Common Heckberry 1 1/2 " col a &e GA 10 1 —!.as pennsylvamea Green Ash 1-1 112 " cal B&S SWO 17 Quereus bclor Swam White Oak 1-1 1/2 'col B&B BO 30 Quercus ...--p. Burr Oak 1 1 1/2 "cal B &B CO 17 Quereus mvhlenbe,ii Chinkap,n Oak 1 -1 1/2 "col B &B AE 11 III— a erl—e American Elm 1 -1 1/2 cal B &B �� og Canopy Trees 103 `a LEGEND p 6 Q ° EXLSTING SPOT ELEVATION f!? ��- --�\�. EXISTING CONTOUR EXISTING DEPRESSION Y TREES as as `• ED EXLYTING BUILDING �\ w T N EXISTING POWER PoIR \ d d 4 4 IOUMNG FENCE z E%ISFINO RAILROAD ✓ . f, "+ y 9 '9 0 P --}� /� -- -- EXISTING TSIA11 - K .__=MNG - r EXISTING SANK EXISIlNG WETLAND y "' y ,y �r APPROXINAI'E -.Mw 80UNDARV r , PROPOSED FAWLITY WASTE LIMITS PROPOSED OVF,RALL FINAL GRhDES 9 4S�� ` � � 1 � PROPOSED PREE 9 Sp s 9SS Prairie Areas = approx. 55 ocres - 9 96.5 r _ Grass Areas NOTES' - r OGRAP PHir HAP PREPARED BY HORIZONS, INC. '+ F MINNETONEA, MINNESOTA. 5`. f 4 DA'1'PI Or aORVEY: NOVEMBER 4, 2000. _ C OORDINATE SYSTEM PROVIDED BY ORMAN .—M. INC., MIANEAPOLI3. MINNESOTA. S. CONTOUR INTERVAL IS TWO FEET. ro UNIVERSITY OF MINNESOTA EXTENSION & DAKOTA COUNTY MASTER e' r 3 z GARDENER'S RECOMMENDED SPECIES OF TREES AND PRAIRIE PLANTS z s I i1 �. F'l � � �'� ,Nth " "'•5.�� � ��, + .h ; � 2 \� COMMON NAME OF PRAIRIE PLANTS AND GRASSES GRASSES Gray Goldenrod Rou h Blazin star Little Bluestein Lanced Leaved Corso sis Roundhead Bushclover Prams Dropseed Large Flowered Penstemon Show Goldenrod Sideoats Gramma Lavender H sso Silky Aster June Grass Lon leaved Bluets Sky Blue Aster Prairie Brame Wild Lupine Smooth Aster Plains Oval Sedge Leadplant Smooth Penstemon Blue Gramm. Meadow Blazin star spotted Bee Balm WILD FLOWERS Noddm ink onion Stiff Goldenrod Aromatic Aster I Ohio S iderwort I Sweet Scented Goldenrod Arrow leaved Aster Old Field Goldenrod Upland Goldenrod Azure Aster Pale Beardton us Western Sunflower. Beardton u Pale Purple Coneflower White Aster Mack-eyed Susan Prairie Blazmgstar White Prairie Clover Butterfly Weed Prairie Blue eyed Greas Canada Milk Vetch Prairie Larkspur Dotted Mmt Purple Coneflower Hoary Vervain Purple Prairie Clove Go Aster Rattlesnake Master FFaF W a:ti5 a a.Q�z U I U Q Q 3Ugt^ a �a7N C*7 00 w °wa a 0. � X Q. SCOPE ID 01SO1B DRAWING NO