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Home My WebLink About7. Zoning Ammendment Coal Ash Disposal in Non-Hazardous Industrial Waste Containment Facilities � � City of Rosemount � s � S Executiv� Summary for Ac�ion City Council Meeting Date: Jua� l, ].993 Agenda Item: Zqning Text Aznendment- -Coal Agend.a Section.: Ash Disposal in Nonhazardous PUBLIC HEARING Indus�rial Waste Con.tainment Facilities Prepared By: Lisa �'reese Agend # Director �f Planning � Attachments; Ordinance B Amendment, PC Approved By: Summary,Barr Engineering Report, USPCI Petition & ��i��¢�� White Paper, Misc. , Notice USPCI ha� petitioned the City to amend the zaning ordinance in order to permit the disposal c�f coal a�h at the Minnesota Industrial Containment Facility. The �rdinanee does not a11ow the disposal of ash from incinerators, resource recovery facilities and power plants. USPCI is reguesting that the de£i.nition be changed to allaw the acceptance of co��. ash at the facility. Mr. Tom Radue, Barr Engi.neering, reviewed the materials submitted by USPCI on behalf of the city. Based on Mr. Radue' s findin.gs di�cussed in his April 8th memo, the Planning Cammissian recommended that the zaning ordinance be changed to allaw eoal �sh disposal if the interim use perrnit were amended �:o adequately add.ress dust eon�rol an�l leachate m�nitoring. The Planning �ommission reviewed a proposed IUP amendmen� at their May 25 meeting and reeommended approval of the IU`P amendment prior to any final aetic�n an the zoning text amendmen.t. Cauncilmember Klassen submitted a letter on May 25 with questions regarding �oal ash disposal . Mr. Radue has prepared a written respanse tn those questions and suggested some addi.tional ideas to passibl� incorparat�e into �.he IUP amendment. He will be in attendance at your meeting to respond to you.r questions. The draft TUP amendment is diseussed under agenda item 8a. Under the provisians of the 1992 IUP, a public h.earing is required for an amendment. If �he City CounCil wishes to consider approva3 0� this zoning ordinance amendment, it is recommended tha� Ghe amendment �a the Interim 'U5e Permit be �esalved first. This will enable the Gity to establish the canditions and requirements under wh�.ch the City will cQnsider the acceptance of coal ash. On the advice of the City Attorney, it is recommened that the City Cauncil close Che public hearing after taking public testirnony on the zoning ordinance text amendment, but table actzon until the IUP amendment is complete. R�cam�neaded Action: A MQT�ON to table actican until resolution of the Interim Use Permit Amendment. City Cauncil Actionz OS/01/93.009 i�� o osemoun� PHONE (612)423-4411 2875-145th Street West,Aosemount,Minnesota MAYOR FAX (612)A235203 Mailing Address: Edward 8.McMenomy P.O.Box 510,Rosemount,Minnesota 5506&0510 COUNCILMEMBERS Sheila Klassen AFFIDAVIT OF MAIIED AND POSTED HEARING NOTICE �ames cRed�sraats Harry Wilicox Dennis Wippermann US�CI, IOG ADMINISTRATOR ZONING TEXT AMENDMENT PETITION stepnan�i�k � STATF OF MINNESOTA ) COIINTY OF DAKOTA ) ss CITY OF ROSEMOUNT ) Susan M. Walsh, being first duly sworn, deposes and says : I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On Ma.y 20, 1993 , acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and deposited in the United States Post Office, Rosemount, Minnesota, a copy of the attached notice of a public hearing for consideration of an Zoning Text Amendment as submitted by USPCI, enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons listed on the attached listings at the addresses listed with their names. There is delivery service by United States Mail be�ween the place of mailing and the places so addressed. � S an M. Wal ity Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this day of , 1993 . Notary Public C�ver��hing s �oming �UL� C�JI osemoun�� - A � � L�recvaed oaner � � . . � . � i�� o osemoun� PHONE (612)42&4411 2875-145th Street West,Rosemount,Minnesota �Y�R FAX (612)42&5203 � Mailing Address: Edward B.McMenomy I P.O.Box 510,Rosemount,Minnesota 55068-0510 COUNCIIMEMBERS I SAeila Klassen PubllC �T�tiCe James(Red)Staats Ir Harry Willcox Oennis Wippermann ZONING TEXT AMENDMENT PETITTON noMiNisranroa Stephan Jiik TO PERMIT COAL ASH DISPOSAL IN NONHAZARDOUS INDUSTRIAL WA57E CONTAINMENT FACILITIES Petitioner. USPCI, inc. To Whom It May Concern: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing on Tuesday, June 1, 1993 in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 8:00 p.m., or as soon thereafter as possible. The purpose of the hearing is to consider an Zoning Ordinance Text Amendment that would permit the disposal of coal ash in nonhazardous waste industrial containment facilities. Currently the ordinance prahibits the disposal of ash from incinerators, resource recovery facilities and power plants. The petitioner, USPCI, Inc.,'operates a nonhazardous industrial waste land disposal facility at 13425 Courthouse Boulevard and wishes to accept coal ash wastes at this facility. The property is located on the south side of Courthouse Boulevard (STH 55) east of US �iighway 52 and north of County Road 38 is legally described as: A tract of land lying in 5ections 19, 20 and 29, Township 115N, Range 18W, all in the City of Rosemount, Dakota County, Minnesota, commencing at the SW comer of the East 1/2 of the Southeast 1/4 of said Section 19; thence east and southeasterly along the centerline of County Road 38 to its intersection with the North and South Quarter Section Line of Section 29; thence north along said North and South Quarter Section Line of Section 29 and the North and South Quarter Section Line of Section 20 to the southwesterly right-af-way line of State Trunk Highway 55; thence northwesterly along the southwesterly right-of-way line of said Highway 55 to its intersection with the centerline of the Chicago and Northwestem Transportation Company right-of-way; thence southwesterly along the centerline of said right-of-way to its intersection with the west line of the East 1/2 of the Southeast 1/4 of Section 19; thence south along said west line to the point of commencement. Persons wishing to speak on this zoning amendment petition are invited to attend this meeting on �II Tuesdav. Tune 1. 1992 at 8:00 p.m. or submit written comments prior to the hearing to the Rosemount Planning Department, 2875 145th Street West, Rosemou MN 55068. Dated this 4th day of May, 1993. Su M. Walsh, ity Clerk City of Rosemount Dakota County, Minnesota , () // �/ �vert��ings �oming \(Jl,�i CJ�osemoun�� . � AFFIDAVIT OF PUBLICATION STATE QF MINNESOTA � SS PUBLIC NOTICE .3. �` County of Dakota ) ,ZONIN6 iE7(T AMENDMENT rETIT10N ::-'TO!'ERMR ODAL ASFI DR�OSAL IN :` `; NONBAL�RDOUS NIDUSTRIAt WASTE _ , CONTAINMENT�AdUT1E5 '. :; Milionw:USfCI,ine:- � T�Whom It Mer Cwiar� �,:._�'.� ., �o�a�rt�sY�N,the City Council NANCY J. GUSTAFSON, bein dul swom,on oath s that she is on authorized ent ond at tIk Cfty oE Raeemount will hold a public 9 Y �Y a9 N'�Chambe�s�Y y�1'��- em ee of the ublisher of the news per known as Dukota Coun Tribune,and has fuU knowled iYest. t3'�1,2875145th S�eet P�oY P Pa W 9e beginoioB'at 8:00 p:m.,.a� as soon t6ereaEter as poesible. Tde purpose�tde of the facts which are stated below: 1�earing is w co�ider an Zoning ord9nance Text Amen�►ent tl�at waild permit the dis. poesl of coa!asd in nonhazardous waste ia- �trial c�tainm�t facilities.Curnenfly the (A)The newspoper has complied with all of the requirements eonstifuNng qualificatioe as a legal ordiaance pr�►bits the d�spoeal of ash from t°�a�'��"�'��'�a"d paper,as provided 6y Minnesota Statute 331 A.02,331 A.07 and ather applicoble lows,os umended. power plants. ; _ news The Petitione�',USPCI,Inc.,operates a mn- ha�ardous industrial waste land dispo�al � facility at Is425 Courthouse Boulevard and (B)The priMed wishes to accept coaI aah waates atthis facili- ty.T6e property is located�the s�th side of Courfhouse Bailevard ESTH 55)easf af US FTighway 52 and north of County Road 36 is kgallY described as: ' A tract of land lying in Secti�s,19,20 and 29,Towc�ttiP 115N,Range 18W,all in the C5- ty of Rasemount,Dakota Caunty,Miam- sota,commencing at the SW corner�the Esst 1/2 of the Southeast 1/4 of said Section 19;thence�standsoutheasterlyalongthe which is at�ached wos cut from the columns of soid newspoper,and was printed ond publisl�ed once centerline of County Road�ta its inter- section with t6e North and South Quarter Section Line oF Sectlon 29; thence north along said North and South Ruarter Section �c�a�piwrrseks;it was Line of Section 29 and t6e North aml South �� Quarter Section Line of Sectioa�to the southwesterly right-�'-way llne of State ('�(� 14vnk HighwaY 55;theace northwesterly .��da of " • 1� alaigthesouthwesterlyright-of-wayliaeaf firsfpublishedonThursdoY.� Y � said H�g6way 55 to its intersection with the c�terlu�of t6e Cdicago andNorthwestern ' Transportation Company right-of-way; (�� ►�s�'1Ya1�8�ecenterlineaE 19 � > , ond was fhereoker printed and published on every Thursday to und includ'ing said rightaf-way to ifs mtersection wit4 t� west line of t6e East i/2 of the SOutheest 1/9 of'Section 19;ti�atce sarth along said west line W the point of crommencement. Thursda ,the da of �19 Pasons wishing to speak oa this zoniag y r —' amendm�t petiti�are imited t°attend t�s qnd nted below is a c of fhe lower ease al habet f�om A to Z,both inclusive,which is hereb meetin$�Twidoy.:hm�1.1993 at�Od Pau. Pry OPY P Y a'submit written comments pt'iot'to tlie hear- iog to the Rasemount Plaoning Department, oeknowledged as being the size and kind of type used in the eompositioe and publication of the rrotice: ffi75145t6 Street West,Rnsema�nC�MN 56068. DatCd t6ib 4th dey OE M89,1993. ; abodi�fKhijkhui�o�r�r.nrcu�s�z 5usan M.Waisd,City Clerk ,:`. - ty a�'Raeemount : Dakota County,Minnesota /�,,, � ,_ . ,. ., BY: t``�- TITLE:Seeret�+to ishe Subscribed und sworn to before me on this�v�day of ,19 ��. Nowry Public � ,,��.� CAROIJ.HAVERLAND ��; �� NGraRI►Pue�x•�A �i,, DAKOTA COUNTY •.,� My com�n�oeG�,��s