HomeMy WebLinkAbout3.a. Spectro Alloys Discussion
EXECUTIVE SUMMARY
City Council Work Session Meeting: October 5, 2020
AGENDA ITEM: Spectro Alloys Discussion AGENDA SECTION:
Discussion
PREPARED BY: Kim Lindquist, Community Development
Director AGENDA NO. 3.a.
ATTACHMENTS : Timeline, Supporting Documentation APPROVED BY: LJM
RECOMMENDED ACTION: Discussion item only
DISCUSSION
The Council is aware of an enforcement action being taken by the EPA regarding operational
activities at Spectro Alloys. Staff has discussed the issue with staff at the EPA and the PCA,
although because it is an ongoing enforcement action, they are unable to give the City detailed
updates. Rather, we discussed issues revolving around how Spectro operates, the enforcement
process in general, permitting for air quality, and site monitoring. Information gleaned from the
discussions are listed below. Attached to this memo is a general timeline of events and approvals at
Spectro, along with pertinent City documentation for background on the operation.
Staff is working to provide information to Council members about Spectro Alloys operations
specifically and enforcement and permitting generally. We have requested a representative from the
EPA be available for the Council meeting to discuss these topics, and at that time of writing their
attendance is unconfirmed. Staff will continue to follow up with EPA and PCA staff throughout
the enforcement process and will discuss the remediation directive and expected results with Council
when appropriate.
City staff has spoken with David Sutlin, Environmental Engineer, Air Enforcement and Compliance
Assurance, U.S. Environmental Protection Agency - Region 5 and Dan Dietrich, Environmental
Specialist 3, Minnesota Pollution Control Agency (MPCA) about Spectro Alloys. Mr. Sutlin is
involved in the current investigation by the EPA that is documented in the Notice of Violation from
June 2020. Mr. Dietrich is aware of previous issues at Spectro Alloys but is not involved in the
current enforcement action . He has been helpful in the past regarding noise monitoring and
enforcement. Below is some of the information gleaned from the conversations:
Specifics of current situation
• The EPA conducted an in-person inspection due to local complaints (from Cong. Craig’s
office).
• In October it was found that Spectro exceeded the visual opacity standards and additional
information was requested and reviewed.
• The EPA formally sent a Notice of Violation in June and has been working with Spectro to
address the three violations listed in the Notice (page 5). It was indicated that Spectro is
willingly working with the EPA.
• While this is an open enforcement action, MPCA / EPA staff cannot discuss the particulars
of the issue.
Other pertinent information
• Air quality permits require a 3rd party monitoring of stacks every 5 years.
• In between the stack monitoring, the company is required to document information which
indicates compliance with air quality permit through other means. Other areas that are
monitored and documented is the lime injection rate, monitoring the pressure across their
baghouses and in some cases, they also use bag leak detection systems to monitor their
baghouses.
• The air permit will allow some amount of pollutants to come out of the stack as part of the
routine operation of a metals recycling plant.
o EPA / MPCA staff indicated that some odors, or haziness, etc. can occur even from
a compliant plant.
• The regulations for air quality are based upon the Clean Air Act, with specifics found in the
MN State Implementation Plan (SIP) and National Emission Standards for Hazardous Air
Pollutants (NESHAP). These are both referenced in the Notice of Violation.
Other items
• There is a history of enforcement action on the site either by County, State of Federal
agencies.
• Anecdotally, staff has noticed an increased willingness to work with the City / other govt.
entities to improve the facility.
• Upon verifying a violation, the EPA has several options to address the enforcement process;
they could send a letter noting the violation, initiate a formal Notice of Violation, or could
even shut the business down. Based on the violations found in this instance, they decided to
issue formal Notice of Violation.
• The enforcement process begins with some type of notice of violation and then the agency
and business negotiate to find an acceptable remedy (to include necessary equipment
repairs/process modifications, fines, etc.)
• These negotiations take time and it was indicated that from June to now would not be
considered a long time in terms of enforcement actions and securing a remedy.
• The recent installation of the enclosed burner was viewed as an improvement to the
operations over the previous condition.
RECOMMENDATION & CONCLUSION
Discussion and update item only. The intent of the above information and discussion at the work
session is to provide background to the Council about Spectro Alloys and provide some update to the
Council on the ongoing enforcement action. This is an open-ended issue with more conversation
expected in coming months, based on the results of the EPA process and information learned.
Property Activity Timeline
March 1996 The City approved an Administrative Plat to consolidate multiple parcels and vacate a
right of way that divided the site, subject to:
1. Dedication of a 10’ drainage and utility easement along the northwest property line,
2. Conveyance of an easement for overhead power lines that were located in the vacated
right of way.
April 1997 The Planning Commission conducted a Site Plan Review of three proposed structures
was conducted and approved with variances to yard and bluff line setbacks, subject to:
1. Provision of landscaping and berming along 55,
2. DNR approval, approval of an erosion control plan by Public Works,
3. approval by MnDOT,
4. conformance with building and fire codes.
May 2007 Spectro submitted a semi-annual compliance report to both the MPCA and the EPA that
falsely indicated that its facility was in compliance with all pollution limits. Spectro was found guilty
of violating the federal false statements statute regarding its emissions of hazardous air pollutants
resulting in a $500,000 fine. Additionally, in that same time period, Spectro reached a settlement
with the U.S. government for an additional $600,000 regarding civil claims filed by the EPA for
alleged violations of the Clean Air Act and civil administrative claims of the EPA for alleged
violations of the Resource Conservation and Recovery Act.
October 2008 Spectro Alloys experienced an explosion in its mill house building. A memo is
attached reviewing the situation
February 2010 Molten Aluminum leak 112,000 pounds. See attachment
October 2007 Dakota County Environmental Management informed the City of a number of
hazard waste disposal violations occurring at Spectro Alloys and asked for assistance in their
enforcement efforts. This was discussed at a work session to provide staff with feedback about
which enforcement measures staff should pursue.
City staff began enforcement of violations of the City Code related to maintenance of the site and
the storage or accumulation of rubbish on the site. The code enforcement letters and the responses
from Spectro Alloys are included in the attachments.
February 2011 Fire at building; notes indicate was equipment; payloader fire
December 2014 The City issued a Conditional Use Permit allowing Spectro Alloys to install
outdoor structures in excess of 15% of the gross floor area of the principal building to operate a
custom clean charge system, subject to:
1. New outdoor structures shall not be closer than 40 feet from the bluff line.
2. The total aggregate area of outdoor structures shall not exceed 30% of the total gross area of
the principal building.
3. Outdoor scrap or waste storage shall not occur within 400 feet of the Minnesota Highway 55
right-of-way.
July 2017 Fire building; baghouse fire. Investigation report attached.
February 2018 Spectro Alloys received approval for a variance from the side yard setback standard.
The variance allowed the construction of a 5,000 square foot addition to the principal building along
with the construction of a new filter house outside the facility. The addition housed a new furnace
for the smelting of recycled metals. The variance was subject to:
1. Any future modifications to the site only be permitted after submission of a survey with
accurate impervious coverage amounts calculated by a surveyor.
April 2019 Forklift Fire
October 2019 Gas leak
Other activity:
• July 2018 – EPA Consent Agreement and Final Order. Civil penalty of $27,400 for violation
related to fire event on 7/23/17.
• July 2018 – EPA Administrative Consent Order. Compliance issues, documentation.
• MPCA Records (from Rep. John Huot email):
o 3/14/19 – Dakota County complaint. Parametric monitoring for control equipment.
o 3/29/19 – City of Rosemount Complaint. Haze and foul odor.
o 4/23/19 – City of Rosemount complaint. Excessive steam and smoke.
1
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1996- 15
A RESOLUTION APPROVING THE ADMINISTRATIVE PLAT FOR
SPECTRO ALLOYS ADDITION
13220 DOYLE PATH
WHEREAS, the City of Rosemount has received an administrative plat for the following
legally described property:
Lots 1, 2, 3, and 4, Block 1, Lots 4 and 5, Block 2, and that part of vacated Doyle
Path accrued thereto, all in HOLLENBACK & NELSON, INC. FIRST ADDITION.
WHEREAS, on February 27, 1996, the Planning Commission of the City of Rosemount held a
public hearing to receive public comment regarding the administrative plat for Spectro Alloys
Addition, in accordance with the City's Zoning and Subdivision ordinance and State Statutes;
and,
WHEREAS, on February 27, 1996, the Planning Commission of the City of Rosemount
recommended approval of the administrative plat for Spectro Alloys Addition subject to
conditions.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves to Spectro Alloys Addition administrative plat subject to:
1) conveyance of an easement for electrical power transmission that are located in the
Doyle Path public right-of-way to be vacated; and,
2) inclusion of ten foot wide drainage and utility easements along the northwest
property lines (generally perpendicular to TH 55) as previously dedicated with the
Hollenback & Nelson, inc. First Addition Plat.
ADOPTED this 6th day of March, 1996.
Cathy Bushq Mayor
ATTEST: _
Susah M. Walsh itv Clerk
Motion by:
Voted in favor:
W1)lipermann Second by:
Anderson, Wippermann, Busho, Carroll, Edwards.
Carroll
Voted against: nl n n P
y
x CIT O F RO S E M O U N T 2875
CITY145t Street West
pil Rosemount, MN
Everything's Coming Up Rosemount!!
55068-4997
Phone 612- 4234411
Planning Commission Hearing Impaired 423 -6219
Fax 612 423 -5203
Regular Meeting Minutes April 8, 1997
Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly
held on Tuesday, April 8, 1997 at 6:30 p.m. Chairperson William Droste called the meeting to order
with members Mark DeBettignies, Jay Tentinger, Kim Shoe Corrigan, and Jeffery Weisensel present.
Also in attendance were Community Development Director Dan Rogness, City Planner Rick
Pearson, and Intern Troy Bonkowske.
Mr. Pearson requested that item 5.A. Sidewalk Signs Update and 5.B. Essential Services Update be
added to the agenda.
Commissioner DeBettignies requested the minutes from the March 25, 1997 Regular Meeting be
amended in the Broback Industrial Park Replat section, at the bottom of page 4, to properly reflect
his concern regarding turn lanes onto Diamond Path, rather than CSAH 42.
MOTION by Droste to approve the March 25, 1997 Regular Planning Commission Meeting
4I)Minutes, as amended. Seconded by Shoe Corrigan. Ayes: DeBettignies, Tentinger, Droste, Shoe
Corrigan, Weisensel. Nays: 0.
Department Announcements: Summary of City Council Actions
The Commission noted the actions taken at the April 1, 1997 City Council meeting and the dates for
the upcoming Council of the Whole Committee meeting and the HRA Senior Housing project
groundbreaking.
Comprehensive Guide Plan Amendment Process
Mr. Pearson explained that the Met Council is standardizing the process for cities to update the
Comprehensive Guide Plan and reviewed the proposed outline for this process. Staff will be seeking
input from the Planning Commission during this process, which must be completed by December 31,
1998.
Commissioners felt this process will be beneficial in educating the public as to the City's goals for
expansion and the limitations which may be placed by MUSA. Questions were raised about the
storm water management plan, which Mr. Pearson indicated is being worked on by a consultant and
Tim Brown, Water Resource Coordinator.
Planning Commission
Regular Meeting Minutes
April 8, 1997
Page 2
Sidewalk Sign Update
Mr. Bonkowske reviewed the changes made to the Sidewalk Sign ordinance. The definition is being
amended in order to address the issue of "on premise" advertising.
Essential Service Facilities Update
Mr. Bonkowske reviewed the changes made to the Essential Service Facilities ordinance. The
ordinance is limited to electrical substations and municipal facilities only. Due to unknown
requirements, petroleum and natural gas facilities have been omitted from the ordinance and will be
addressed separately. Also, paragraph C of the initial draft has been removed in its entirety.
Spectro Alloys Variance Request Site Plan Review
Mr. Pearson summarized the application of Spectro Alloys for setback variances and a site plan
review. Mr. Pearson also included a letter, dated April 7, 1997, from Patrick J. Lynch of the DNR,
setting forth the DNR's recommendations and approval of the variance request. Mr. Pearson
requested that Mr. Lynch's comments be included in the recommendations. Also noted was the
unsightly condition of the area and expectations that this plan will present an opportunity for Spectro
to clean up the site.
Commissioner Shoe Corrigan asked why the conditions for landscaping in a previous application by
Spectro were not met and how the City can be assured that Spectro will comply at this time. Mr.
Pearson explained that $1200 is held in escrow to ensure that the landscaping would be done, but the
City has not pursued compliance by Spectro.
Commissioner Weisensel addressed the temporary structures on the property. Mr. Pearson stated
the Fire Marshal requested the structures be located closer to the railroad and away from the
buildings to allow emergency vehicles access to the property.
Chairperson Droste opened the floor to the applicant.
Dan Hoklas appeared on behalf of Spectro Alloys. Mr. Hoklas addressed the issue of
noncompliance by Spectro on the landscaping. He explained that plantings on the berms died due to
soil conditions and difficulties in watering. Spectro has hired a landscaping architect and plans to
install an irrigation system. Where initial plans were to landscape only a portion of the property,
current plans include landscaping the entire width of the property on TH 55. Mr. Hoklas
acknowledged the unsightly condition of the site and indicated that the company is planning a spring
cleanup to resolve this condition and bring orderliness back to the system.
Presently, aluminum scraps are laid out on the plant grounds. With Spectro's new material handling
system, the scrap will be processed as soon as it comes into the plant. The plans are to eventually
Planning Commission
, Regular Meeting Minutes
April 8, 1997
•Pagel
•
•
have no scrap laying on the grounds. Packaging materials which are also stored outside will be sorted and recycled.
Commissioner Tentinger inquired about the possibility of an escape of chemicals used on the site.
Mr. Hoklas responded that chlorine is used in the process to remove magnesium from the aluminum,
resulting in O emissions. A safety director is on staff and there are response teams on site to
immediately address any concerns. Spectro has future plans for a bulk chlorine system where the
chlorine would be stored in underground tanks, thereby reducing safety concerns. Also, Spectro will be replacing old and obsolete equipment, which will also result in safer conditions.
Commissioner DeBettignies noted that numerous trailers are located on various locations on the
Spectro property. Some of these trailers do not have wheels and are missing axles and are unsightly in appearance. Commissioner DeBettignies inquired as to the purpose of these trailers and if they are permanent.
Mr. Hoklas indicated the trailers are used for storage purposes and are considered permanent. Once
again, the spring cleanup planned by Spectro will bring orderliness back to the system and Spectro
will make an effort to keep the trailers in the best shape possible. Spectro will take steps to screen the trailers from view.
Commissioner Droste emphasized the importance of the appearance of the Spectro site. If
vegetation is lost, it is expected that it will be replaced. Commissioner Droste pointed out missing
siding on one of the buildings. Mr. Hoklas indicated this would be repaired. Mr. Hoklas discussed the various plant improvements anticipated by Spectro Alloys in detail. Commissioner Droste
informed Mr. Hoklas that it is the expectation of the Planning Commission that the cleanup and repairs would be done.
Commissioner Droste further inquired about plans for the storm water run off Mr. Hoklas indicated
that Spectro started the storm water plan five years ago and that the plans shown relate to existing conditions.
Commissioner Shoe-Corrigan asked whether the new materials handling system which is part of the
1997 construction project would resolve the problem with junk spilling over the bluff Presently
there is debris falling over the bluff line. Mr. Hoklas responded that the processing system will help
with this problem, as well as a berm wall along this area. Mr. Hoklas acknowledged that management problems contributed to this problem with debris over the bluff, and that Spectro will take steps to clean this up.
Commissioner Droste inquired as to Spectro's goals in eliminating the aluminum scraps and packaging materials from the ground. Mr. Hoklas indicated Spectro's 1997 goal is to reduce the
amount of these materials on the ground by 50%. Spectro has already commenced with some of the
cleanup. A portion of the labor force has been shifted to cleanup. Spectro expects to have the major
part of the cleanup completed in three weeks.
Planning Commission
Regular Meeting Minutes
April 8, 1997
Page 4
Chairperson Droste opened the public hearing to the public. There were no comments.
MOTION by Droste to close the Public Hearing. Seconded by DeBettignies. Ayes: Tentinger,
Droste, Shoe Corrigan, Weisensel, and DeBettignies. Nays: 0.
Chairperson Droste recessed the Planning Commission hearing and opened the Board of Appeals and
Adjustments.
Commissioner Tentinger inquired as to any complaints received by City Staff concerning the Spectro
project. Mr. Pearson noted the Fire Marshal has responded to incidents at the site, but he was not
aware of any other complaints. The Fire Marshal has reviewed the proposal by Spectro and feels
there is sufficient room to maneuver emergency vehicles. Emergency vehicles have access on the
south, west and north sides, however, access is not available on the east side along the railroad
tracks. Mr. Pearson indicated that Spectro has no sprinkler system and currently does not meet
code. There will be additional requirements placed upon Spectro at the time it applies for a building
permit.
The Commissioners asked what recourse the City would have if Spectro does not comply with the
landscaping requirements and cleanup. Mr. Pearson indicated the process for code enforcement
involves identifying the problem, issuing a warning, and eventually obtaining a misdemeanor charge
against the company. The preferable way, however, in handling noncompliance situations is to work
with the owner directly and avoid a confrontational approach.
MOTION by Tentinger to grant the variances to yard and bluff line setbacks as requested by
Spectro Alloys Corporation in accordance with the findings prepared by City Staff, as required in
Section 15.2 of the Zoning Ordinance. Seconded by Weisensel. Ayes: Droste, Shoe Corrigan,
Weisensel, DeBettignies and Tentinger. Nays: 0.
Chairperson Droste closed the Board of Appeals and Adjustments and reconvened the Planning
Commission hearing.
A discussion ensued regarding the two wells located upon the subject property. Mr. Hoklas
indicated the wells are not used for potable purposes and that bottled water is provided throughout
the plant.
Commissioners further discussed the differences between a conservation easement and a restrictive
covenant and which would be most beneficial in protecting the bluff line setback area. This area is
already protected by the variance. A conservation easement, however, would set this area aside and
place the restrictions of record. In addition, the filing of an easement would serve as notice to any
subsequent purchasers that they must obtain a variance for any improvements in this area.
MOTION by Shoe Corrigan to approve the site plan for Spectro Alloys Corp. Subject to: 1)
granting of yard and bluff line setback variances as required; 2) provision of landscaping as specified
in the RLK drawing in section 6 of the project update II booklet with the plantings and berming
Planning Commission
Regular Meeting Minutes
April 8, 1997
Page 5
occurring outside of the Th 55 right -of -way; 3) incorporation of comments and recommendations of
Patrick Lynch, Minnesota DNR, in his April 7, 1997 letter, regarding a storm water management
plan, erosion control measures and a conservation easement for the balance of the 40' bluff setback;
4) approval of an erosion control plan by the Department of Public Works; 5) approval of the
Minnesota Department of Transportation as required, 6) conformance with all applicable building
and fire codes; and 7) recording of a revised plat which contains a conservation easement for the
balance of the 40 foot bluff setback. Seconded by DeBettignies. Ayes: Shoe Corrigan, Weisensel,
DeBettignies, Tentinger and Droste. Nays: 0.
Endres Processing Variance Request Site Plan Review.
Mr. Pearson presented a summary of the site plan proposal by Endres Processing Ltd. for a 56,000
sq.ft. building, together with a variance request for the alteration of a bluff line to facilitate the
construction of a driveway. Mr. Pearson also included a letter from Patrick J. Lynch, dated April 7,
1997, setting forth the DNR's recommendations. The DNR has reviewed this proposal and does not
object to the proposed building and future expansion areas, indicating the proposal is designed with
sensitivity to the bluff areas. Grading for driveway purposes will affect secondary bluffs and this
impact to the bluff areas is relatively minor. The DNR concerns involved proper erosion control,
additional soil analysis and perc tests to determine suitability for on -site septic system, landscaping
which will incorporate more native plant species and include native grasses, and potential
development of the railroad spur. Mr. Pearson indicated this site plan meets the City's standards.
There was a discussion concerning the railroad spur and whether this issue should be dealt with at a
later time in joint discussions with the DNR.
Chairperson Droste opened the meeting to the public.
Eric Christianson, Rutledge Construction, appeared on behalf of Endres Processing. Mr.
Christianson indicated that the railroad spur is an important issue for Endres and that it should be
included in the overall plan.
Commissioner Shoe Corrigan inquired about the DNR's concerns regarding the side slopes which
would be created in development of the railroad spur. Mr. Christianson indicated these concerns
have been worked into the design of the site. The DNR will be involved in the development and
approval of the railroad spur and Endres will work with the DNR in developing an acceptable plan.
Leon Endres, Endres Processing Ltd., indicated that, if the railroad spur is not available, Endres will
choose another location for its facility. Mr. Endres is comfortable that this can be worked out with
the DNR. It is anticipated that construction of the rail site will take place within two years.
There was a discussion on procedures for approvals, with and without inclusion of the railroad spur
issue, and involvement of the DNR in decisions and for appeals.
CITY COUNCIL
City Council Work Session: October 3, 2007
AGENDA ITEM: Spectra Alloy
PREPARED BY: Eric Zweber, Senior Planner
ATTACHMENTS: None
EXECUTIVE SUMMARY
AGENDA SECTION:
Discussion
AGENDA NO.
APPROVED BY:f!V
RECOMMENDED ACTION: Provide Staff Direction
ISSUE
DISCUSSION
If Rosemount was to pursue its own enforcement process, there are four likely options: working
with the other regulatory agencies; enforcing the property maintenance code violations; work
towards requiring Spectro Alloy to apply for a Conditional Use Permit; or pursuing abatement of
the current environmental violations through a civil nuisance lawsuit. Rosemount can conduct
any of these four alternatives or any combination of them.
Work with other Regulatory Agencies
Currently, DCEM and the EPA are pursuing enforcement measures against Spectro Alloy, and it
appears promising that OSHA and the MPCA may begin independent investigations as well.
These agencies all have staff with expertise in industrial regulations and enforcement that
Rosemount staff does not possess. Also, these agencies have the ability to take more significant
levels of enforcement, such as license revocation and /or fines in the thousands of dollars, than
we have. Rosemount staff would stay in contact with the appropriate agencies' staff to ensure
that enforcement is occurring.
The downside to this option is that these agencies are not concerned with aesthetics of the
Spectro Alloy operation, over which we have authority through our property maintenance and
zoning ordinances. Also, we do not have direct control over what priorities the separate
agencies have nor can we control what penalties or compromises Spectro Alloy are subjected to
by the respective agencies.
Enforce Property Maintenance Code violations
Similar to the enforcements that we did with Endres earlier this year, staff can initiate a site
inspection of Spectro Alloy and issue citations of our property maintenance and zoning
ordinances. These regulations are pretty limited to aesthetic and site plan issues and do not have
any real control over the operation of the facility or how they handle their hazardous material.
Our regulations would require Spectro look more orderly and appealing in the way they operate.
Code enforcement violations focus on compliance with the City's ordinances, not enacting
significant financial penalties.
The downside to this option would be that it would resolve current code violations in the short
term, but does not provide any long term guarantees that they will continue to operate within
the ordinance. Long term enforcement could only be ensured by periodic inspection of
Spectro's operation by City staff.
Work towards requiring Spectro to apply for a Conditional Use Permit
Long term City regulation of Spectro Alloy's operation would require Spectro Alloy to be
subject to a Conditional Use Permit (CUP) or some other type of permit that the City would be
able to revoke if they fail to meet the conditions in which they operate. If Spectro Alloy was a
new business looking to locate within Rosemount, they could be required to apply for a CUP
within the GI — General Industrial zoning. Spectro Alloy currently does not have a CUP and is
classified as a legal non - conforming use because their operation began before the City ordinance
required a CUP for their use. The only way that the City can require Spectro Alloy to submit for
a CUP would be if they changed their operation in a way that would expand their facility. If
Dakota County did revoke Spectro Alloy's permit until Spectro would handle their aluminum
dross indoors, this may require an expansion to their building to enclose the dross processing. It
is questionable if State Statute would classify this as an expansion because there are provisions
for businesses to change their operation to accommodate changes in the way they are regulated.
In other words, if the handling of the dross indoors is a requirement that Dakota County places
on Spectro Alloy that wasn't in Dakota County's original permit, then that may make any
building expansion that Spectro performs exempt from our non - conforming use regulations.
The downside to this is that we can only place conditions within a CUP that we have the
expertise or authority to enforce. We would have more ability to regulate the aesthetic manner
in which Spectro Alloy operates greater than what is currently provided within our ordinance,
but we would not be able to enforce the way in which Spectro conducts their operation that
other agencies would regulate.
Pursue Abatement through a civil Nuisance Lawsuit against Spectro
The most drastic and most costly option we could pursue would be to file a civil nuisance
lawsuit against Spectro Alloy to make them stop exposing our community and our residents to
environmental hazards and to clean up and abate any contamination that they have caused. This
would be the most serious penalty that the City could enforce on Spectro and may result in legal
expense to Spectro in fines and clean up costs that may drive them out of business. If it
appeared that Spectro would be driven out of business, we may also need to bring a lawsuit to
seize some of their assets to ensure that there are funds are available for the clean up to occur.
The downside of the option would be the financial costs to the City. The staff time, from
administration, community development and legal consultants, would likely be significant and
take resources away from other City efforts. In addition to the use of existing staff time, it is
likely that an environmental consulting firm would need to be retained to collect the evidence
necessary to prove the case for a nuisance lawsuit. If the City wished to pursue this option, it
may be best to file a joint nuisance lawsuit with the other regulatory agencies. This would spread
the cost out among the numerous agencies and staff from DCEM, MPCA and EPA has the
environmental expertise and access to testing that would be needed to prove the case in a
nuisance lawsuit.
SUMMARY
Staff is looking for direction from the City Council about which enforcement measures City staff
should pursue.
,S ROSEMOUNT
COMMUNITY DEVELOPMENT
October 31, 2007
Spectra Alloys Corp.
Attn. Paul Curtis, President
13220 Doyle Path
Box 10
Rosemount, MN 55068
Re: Spectra Alloys Code Violations Dear Mr. Curtis:
Tbis letter is to inform you of a number of violations to the City Code that are occurring at your
business, Spectra Alloys Corp., at 13220 Doyle Path. An inspection of your property was
conducted by City Staff on the morning of October 19, 2007 and a number of violations were
observed. These violations include City Code subsections:
•9-4-6 A.2., the owner allowing the accumulation of rubbish that could create a health
hazard for the general public.
•9-4-7 A.1., poorly maintained structures that adversely affect the neighboring
property values.
•9-4-7 A.2.a., buildings and structures that have holes, gaps, missing windows, and
damaged lintels.
•9-4-7 C., maintains or permits refuse, junk, and debris to be placed and stored
outside of structures or without screening.
•9-4-7 E., parking lots, driveways, and accessways are not maintained in a neat and
aesthetic manner.
Attached to this letter are a set of photographs that illustrate the violations noted on the site.
The photographs are representative of the noted violations, but there are other areas on the site
that also violate the same above noted code standards.
These violations of the City Code need to cease immediately and should not continue in the
future. To resolve this matter, the City is requesting a meeting with Spectra Alloys staff early in
the week of Nov-ember 5. At that meeting, City staff will discuss with Spectra Alloys staff the
various violations and would like to hear how Spectra Alloys plans to resolve these issues and
prevent them from occui-ring in the future. To achieve resolution of this matter, City staff
expects an action plan to be submitted to the City by November 16, 2007 that will illustrate the
operational changes that will occur to resolve violations of City Code subsections 9-4-7 A.1., 9-
4-7 A.2.a., and 9-4-7 E.. In addition, clean up of the site to resolve the violations of City Code
subsections 9-4-6 A.2. and 9-4-7 C. will need to occur by November 13, 2007. Failure to contact
the City or the timely advancement of resolutions to these code violations will result in citations
and fines in accordance with the City Code.
SPIRIT OF PRIDE AND PROGRESS
Rosemount City Hall· 2875 145th Street West • Rosemount, MN 55068-4997
651-423-4411 • TDD/TTY 651-423-6219 • Fax 651-42,3-5203
www. ci. rosem o un t.m n. us
t
City staff understands that Spectro Alloy has previously been issued abuilding permit to correct
anumber of theholes and other structural concerns inthebuildings. The work proposed within
that building permit should continue and the necessary repair inspections shall be completed by
November 9, 2007. Alan Strand, Building Official, will be contacting your staff to verify that
steady progress is being made. This letter does not relieve Spectto Alloys of any of the
responsibilities of the issued building permit.
To schedule ameeting early inthe week of November 5, 2007 please call John Kendall, Code
Enforcement Officer at (651) 322 -2027.
Sincerely,
Eric ZweWer, AICP
Senior Planner
Attachments: Photographs of Code Violations
cc. Mayor and City Councilmembers
Jamie Verbrugge, CityAdministrator
Kim Lindquist, Community Development Director
Alan Strand, Building Official
John Kendall, Building Inspector and Code Enforcement Officer
Jeff Harthun, Dakota County Environmental Management Director
Kayla Ross, Spectro Alloys Environmental Manager
SPECTRO
ALLOYS CORP
13220 Doyle Path
Rosemount, MN 55068 U.5 A.
FAX: 651/438 -3714
Phone: 651/437 -2815
November 2, 2007
Mr. Eric Zweber
SeniorPlanner
City ofRosemount
2875 145 Street West
Rosemount, MN 55068
Dear Mr. Zweber:
Iamwriting inresponse toyour letter dated October 31, 2007. Ameeting hasbeen
arranged forNovember 13, 2007 atCity Hall. Issues related toproperty clean-up willbe
completed by that date. Issues related to building repair will be either underway or
completed bythat date, depending upon contractor availability next week. We will bring
to the meeting a list of the items completed as well as a completion schedule on
outstanding issues.
If you have questions I can be reached at 651 -480 -6117.
Sincerely,
PaulCurtis
President
a4„.1E-e.(717137.
ROSEMOUNT
November 26, 2007
Spectro Alloys Corp.
Attn. Paul Curtis, President
13220 Doyle Path
Box 10
Rosemount, MN 55068
Re: Spectro Alloys Inspections
Dear Mr. Curtis:
COMMUNITY DEVELOPMENT
ThisletterisinresponsetothesiteinspectionofSpectroAlloysthatoccurredonTuesday,
November20, 2007withPaulCurtis, SpectroAlloys' President; ChadRedlin, SpectroAlloys'
Director of Engineering; Eric Zweber, Rosemount Senior Planner; and John Kendall,
Rosemount Building Inspection /Code Enforcement. The inspection was to evaluate the
changes and repairs that have occurred inresponse tothe code violation letter dated October 31,
2007.
Spectro Alloys has made repairs and improvements to many of the code violations cited in the
October 31 letter, but six issues still remain. This letter will describe the six issues. In response,
SpectroAlloysmustdescribeinwritingbyMonday, December3, whatremedialactionswilltake
place to resolve these six issues and the timeline in which the remedial action will take place.
1. Rubbish, tefuse, and aluminum fines on the tailroad right -of -way.
SpectroAlloyshascleanedupthelargersizedrubbish, refuse, andaluminum ontherailroad
right -of -way, buttherearestillsignificantamountsofrubbish, refuse, andaluminum finesthat
are smaller than six inches in size. This material needs to be cleaned up as well.
2. BluffLineSetback
The site plan that was provided during the November 20inspection shows encroachment into
the bluff line setback. The bluff line setback is a required setback of the City's Zoning
Ordinance in which no buildings or accessory structures are permitted, including storage areas.
The City will assume that theexisting storage structures orpaved storage areas are pre- existing
non conforming uses and can continue as is, but the storage of material on unpaved or non-
improved surfaces isnot allowed. All material located beyond the paved area must be removed.
34InstallationofFencingorotherStructureonthenorthsideoftheRawUndriedScrap
RUS) Storage Area
As stated inthebluff line setback section, storage of material isoccurring onthe grass beyond
the paved storage area and within the bluff line setback. To prevent this from occurring in the
future, afence orother permanent structure shall be installed on the north side of thepaved
storagearea.
SPIRIT OF PRIDE AND PROGRESS
Rosemount City Hall 2875 145th 5reet West Rosemount, MN 55068 -4997
651- 423 -4411 TDD /TTY 651- 423 -6219 Fax 651- 423 -5203
www.ci.rosemount.mn.us
4. Building and Structural Repairs
Spectro Alloys has applied for anumber of building permits to repair holes in the building and
storage structures, butvery fewrepairs wetecompleted bytheNovember 20inspection. Please
provide aconstruction schedule of when these repairs will be completed.
5. Implementation oftheSpectro Alloys SitePlan
OnNovember 20, Spectro Alloys provided asiteplanthatdemonstrates theoperation ofthe
facility anddelineation ofstorage andrepair areas. During theinspection, Spectro staff was
observed cleaning upthefacility andmoving material totheproper storage locations. Itis
expected that implementation of this site plan is now complete. Future site inspections will
include checking thecompliance ofSpectto's operation within thesiteplan.
6. Permanent Solution toRefuse andFineMaterials being emitted fromtheShredder
Much oftherubbish, refuse, andaluminum finesthatarelocated ontherailroad right -of -way
havecomefrom theshredder operation. Spectro staffhasinstalled temporary jersey barriers to
prevent pre- shredded scrap from falling onto the railroad right -of -way and temporary snow
fencing toprevent wind blown refuse from leaving thesite. Spectro staffhasalso stated that
operational changes are being implemented to remove refuse rich scrap (such as the aluminum
cans from Ramsey County) from the processing stream and to change the suction on the
shredder to prevent aluminum fines from leaving the operation.
City staff is willing to allow Spectro Alloy some time to evaluate the appropriate operational
changes to prevent rubbish, refuse, and aluminum fines from leaving the site with the following
conditions.
Alogoftheoperation changes iskeptdocumenting which changes have
occurred and the level of success for each change.
Monthly inspections will be conducted by City staff of the railroad right -of -way
to determine the success of the operational changes.
All possible operational changes are considered, which may include enclosing the
shredder output conveyor belt.
Awritten report ofthepermanent operational changes thatwillbeimplemented
ontheshredder issubmitted totheCitybyFebruary 29, 2008.
The appropriate permanent walls and fencing on the east side of the shredder
operation are installed by May 31, 2008.
Failure to submit written remedial actions to resolve these six remaining issues by Monday,
December 3, 2007 will result in the issuance of fines and citations as permitted by the City Code.
Questions and concerns regarding this letter can be directed to Eric Zweber at (651) 322 -2052.
Sincerely,
Eric Zweber
Senior Planner
2
cc. Mayor andCity Councilmembers
Jamie Verbrugge, City Administrator
Kim Lindquist, Community Development Director
Alan Strand, Building Official
John Kendall, Building Inspector and Code Enforcement Officer
Jeff Harthun, Dakota County Environmental Management Director
Chad Redlin, Spectro Alloy Director ofEngineering
SPECTRO
ALLOYS CORP
13220 Doyle Path
Rosemount, MN 55068 U.S.A.
FAX: 651/438 -3774
Phone: 651/437 -2815
November 30, 2007
Mr. Eric Zweber
SeniorPlanner
City ofRosemount
2875 145 Street West
Rosemount, MN55068
DearMr. Zweber:
Iam writing in response to your letter dated November 26, 2007 regarding the site
inspectionofourfacilityonNovember20, 2007. Thefollowingparagraphsrespondto
the numbered paragraphs in your letter.
1. The remaining small material onthe. railroad right -of -way will need tobe
removed with the use of avacuum system. This material is now frozen in place which
makes it impossible to remove until spring. When that area has thawed and dried out in
the spring we will clean up the small material with a vacuum system. This activity will
be weather dependant which prevents us from giving you adate of completion. We will
schedule itinthe spring once the area has dried sufficiently to effectively remove it.
2. Scrapsteelandequipmenthasbeenremovedfrombeyondthepavedarea. The
piles of gravel tothe northwest ofthe fuel station have been removed and disposed of.
3. Because the material stored on the grass in the setback area was large scrap steel
and equipment which must be set there with a crane, we don't believe a fence is either
necessary or effective in preventing the placement equipment and steel in that area.
Adhering to our site plan will be sufficient in keeping that area clear. We are not
physically able to store raw material in that area as our solid tire equipment cannot
operate onsoft surfaces.
4. Three permits were obtained for the building repairs that were required. Permits
2007 -01931 and 2007 -01729 were obtained by Spectro Alloys. The work for both of
thesepermitsiscomplete, andcompletionstatuswillbecommunicatedtotheinspector
bytheendoftheday, December3, 2007. Thethirdpermitwasobtainedbycontractor
O'Reilly Fabrication and Welding Services. The contractor has confirmed completion of
the work, and plans toreport thestatus tothe inspector.
5. Clean upandorganization ofthesiteaccording tothe siteplaniscomplete.
Compliance to the site plan will continue. The exception to this is the removal of the
refractory lined duct and insulated tank currently stored in view from the SE comer of the
cul -de -saconDoyle Path. Theremoval ofthis equipment willbecompleted byJanuary
11, due to the holiday's.
6. A report of operational changes on the shredding plant will be supplied by
February 29, 2008. If it is found that permanent walls and fencing are the solution on the
east side of the shredder, they will be installed during our annual major maintenance
downtime inJulyandAugust 2008 rather than incuradditional plant downtime inMay.
Downtime is very expensive in our industry; therefore, it is critical that we plan capital
projects in conjunction with annual plant shut downs.
Please call me at 651- 480 -6115 if you have additional questions.
Sincerely,
SPECTROALLOYSCQRP.
Chad Redlin
Director of Engineering
SPECTRO
ALLOYS CORP
13220 Doyle Path
Rosemount, MN 55068 U.S.A.
FAX: 651/438 -3714
Phone: 651/437 -2815
February 28, 2008
Mr. Eric Zweber
Senior Planner
City of Rosemount
2875 145` Street West
Rosemount, MN 55068
RE: Shredder Operational Changes
Dear Mr. Zweber:
This letter isafollow -uptomyresponse letter dated November 30, 2007 regarding the
site inspection of our facility on November 20, 2007. Specifically addressed is Item 6 as
to operational changes to the shredding plant. I have included that paragraph below for
reference.
6. A report of operational changes on the shredding plant will be supplied by
February 29, 2008. If itisfound that permanent walls and fencing are the solution on
the east side of the shredder, they will beinstalled during ourannual major maintenance
downtime inJuly and August 2008 rather than incur additional plant downtime inMay.
Downtime is very expensive in our industry so it is critical that we plan capital projects
inconjunction with annual plant shut downs.
There are three areas addressed that will provide asolution tothe area east of the
shredder: scrap containment at ground level, dust containment at sorting table /shredder,
anddust/debris containment atbinconveyors.
Scrap is staged in the area between the excavator and dock 5 and to the north of the 80's
bins. There isoccasion that pieces, orrarely abail ofscrap gets pushed onto the hillside.
To prevent this, a concrete wall will be installed between the north edge of Dock 5 and
thesouth edge ofthe excavator area. North of the 80's bins there isfuture potential to
addmore bins. There isno budget this year toconstruct thecomplete bins. Therefore,
we will be constructing a simple, temporary wall using concrete barriers to prevent bails
frombeing pushed ontothe hill.
Shredder Operational Changes Page 1 of 2
The action of the shredder can create fugitive dust at its inlet opening that can become
wind blown. To contain this material, Spectro will enclose the areas around the inlet to
the shredder. We will also add dust collection to this hood from the existing dust
collection system. Additionally, Spectro willadd vacuuming capabilities totheshredder
building tofacilitate collection, treatment andproper handling ofdustcleanup within the
shredder.
Under highwind conditions, light weight debris and dust canbeblown from thetwo
exposed conveyors above the 80's bins and at drop points. The 6 -bin conveyor will be
covered with a conveyor only lid system. The chute to the transversing conveyor will be
enclosed. To solve the issue of windblown dust at the transversing conveyor drop into
thebins, awindscreen willbeinstalled atthe80'sbinstocontain thismaterial.
Thechanges above areplanned tobecompleted during our annual major maintenance
downtime, as discussed in Item 6 of the November, 30, 2007 letter.
Please let me know if you have any questions or comments regarding this plan.
Sincerely,
Chad W. Redlin
Director of Engineering
Spectro Alloys Corp.
13220 Doyle Path
Rosemount, MN 55068
651) 480 -6115 Direct
651) 480 -6147Fax
cwredlin@yahoo.comShredder
Operational Changes Page 2 of 2
MEMORANDUM
1
To: Mayor and City Council
Cc: Dwight Johnson, City Administrator; Kim Lindquist, Community Development
Director
From: Eric Zweber, Senior Planner
Date: October 24, 2008
Subject: Spectro Alloy Explosion
At about 5 p.m., Thursday, October 23, Spectro Alloys experienced an explosion in its mill
house building. The explosion seriously injured one employee who was working at the sorting
table on the in-feed conveyor leading into the mill house. The employee was airlifted to the
hospital and is currently in an induced coma, waiting for swelling around the brain to go down.
One other employee was in the area but suffered only a minor injury from a falling computer
monitor.
Alan Strand, city building official, inspected the facility on Friday morning. The equipment
within the mill house and the conveyor feeding the mill house were seriously damaged, but the
mill house is still standing. Something that was fed into the mill exploded and blew the doors
and the top off the mill and also destroyed the equipment within the mill. The blast also went
down the in-feed conveyor, where it injured the employee who is in the hospital. It is unknown
at this time what it was that caused the explosion. The mill house and in-feed conveyor are
currently caution-taped off from the other portions of the facility.
Spectro Alloys has hired Larson Engineering to perform a structural evaluation of the mill house
and will supply a report to the City upon completion of an inspection. Larson’s inspection is for
the structural soundness of the mill house and equipment but will not include the cause of the
explosion. Spectro Alloys stated that it has reported the incident to OSHA, but Spectro stated
that OSHA will not be performing immediate inspection because the agency’s threshold for an
immediate inspection is an employee death or three employees hospitalized. Spectro Alloys
stated that it will perform its own internal investigation of the material fed into the mill that
caused the explosion and City staff has requested a copy of that report when available.
The other portions of the facility, such as the foundry, were undamaged. The foundry was still
running when staff inspected the facility on Friday and Spectro Alloy stated that it plans to
continue running, using the material that had already been milled. Spectro Alloys has also stated
that it is investigating buying pre-milled material or reducing production before the milled
material will run out. City staff will be monitoring the facility to ensure that Spectro Alloys does
not continue to receive material that needs to be milled that would cause a storage problem at
the facility.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014 - 133
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW
SPECTRO ALLOYS TO INSTALL OUTDOOR STRUCTURES IN EXCESS OF 15%
OF THE GROSS FLOOR AREA OF THE PRINCIPAL BUILDING TO OPERATE A
CUSTOM CLEAN CHARGE (CCC) SYSTEM
WHEREAS, the City of Rosemount received an application from Spectro rllloys (Spectro) for the
appYOVaI of a Conditional Use Permit (CUP) to operate a Custom Clean Charge (CCC) system at
13220 Doyle Path, Rosemount,l linnesota; and
WHEREAS, on December 9, 2014, the Planning Commission of the City of Rosemount held a
public hearing to review the CUP application from Spectro for the CCC system; and
WHEREAS, the Planning Commission adopted a motion recommending that the City Council
approve the CUP for Spectro subject to the conditions listed below; and
WHEREAS, on December 16, 2014, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the CLTP application for Spectro.
NOW, THEREFORE, BE IT RESOLVED, the Council of the Cin- of Rosemount hereb`
approves the CCJP for Spectro to operate a CCC s stem at 13220 Doyle Path, Rosemount,
Tinnesota, subject to the following conditions:
1. Ne v outdoor structures shall not be closer than 40 feet from the bluff line.
2. The total aggregate area of outdoor structures shall not exceed 30% of the total gross area of
the principal builcling.
3. Outdoor scrap or vaste storage shall not occur within 400 feet of the Minnesota Highway 55
right-of-way.
ADOPTED this 1G`
h
da of December, 2014 by the City iuncil of the C of Rosemo .
i
William H. Droste, Mayox
ATTE :
C arissa Ha er, Ciry Clerk
To: Aaron Jensen, Maintenance Manager
From: Rick Chase, Fire Marshal
Date: August 1, 2017
Scope: Structure fire permits/Emergency Procedures/ Investigation Status.
Structure fire permit requirements:
The comments listed below are provided in response to the request for information regarding permit
requirements. Work proposed replace/repair the north baghouse and associated production
equipment.
A. Building permit- Submit permit application with two signed, ¼ scale, sets each of engineered
structural drawings. If using the existing foundation a letter from the Engineer of record stating
it is compliant with the current Minnesota State Building Code and not structurally damaged by
the fire.
B. Electrical permit- Permit is required contact the Electrical inspector for requirements, Pat
McMullen (612)866-1979 7am-8:30am mcmulleninspecting@gmail.com .
C. Mechanical permit- Submit permit application with two signed, ¼ scale, sets each of engineered
mechanical drawings. If any of the existing mechanical system is proposed to be used a letter
from the mechanical and structural Engineer is required stating that the systems are compliant
with the current Minnesota State Building code.
D. When the mechanical work is completed the Mechanical Engineer of record is required to
submit a complete acceptance report on the system prior to final inspection by the building
department.
E. A confirmation letter from the Minnesota Pollution control for acceptable emission’s is required
prior to final building inspection.
F. Submit a dust hazard analysis.
When the plans are received a plan review will be completed, typical plan review time is ten business
days. The city of Rosemount understands that Spectro is interested in getting Furnace 1 on-line and will
work with the company representatives to get the project reviewed and approved as soon as possible.
Emergency procedures:
During the incident it was evident that employer emergency procedures are unsatisfactory. A general
list below includes items that are required to be completed and submitted prior to Furnace 1being
placed in service. The purpose of the list is to provide safety measures for emergency responders,
employees, and the general public.
1. Provide complete HMIS inventory statement and HMIS summary with plan submittal. The forms
are attached.
2. Provide copy of operating procedures and emergency shut down procedures.
3. Provide fire safety and evacuation plans.
4. Provide an emergency management plan.
5. Submit complete maintenance criteria specs for the new system including the cleaning of
ductwork, baghouse and all associated equipment.
6. Contact the Fire Marshal to schedule the annual inspection for the entire facility. Due to the size
of the facility this will be done in zones.
7. Provide copy lab testing procedures for raw materials that outline acceptance for materials prior
to processing.
Investigation status:
The fire investigation continues to move forward the following items below are still in process.
1. Witness interviews and follow up.
2. Lot number of raw materials at time of incident.
3. Lab reports of material involved in fire.
4. Maintenance logs for the bag house.
5. Insurance information.
The above lists are not all inclusive, additional information may be required as data becomes available.
If you have any questions please contact me, we look forward to working toward safety for all parties
involved.
Sincerely,
Rick Chase, Fire Marshal/Inspector
City of Rosemount, 2875 145th Street, Rosemount, MN 55068
Ph. 651-322-2027 / http://www.ci.rosemount
CITYOFROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION BA2018-01
ARESOLUTION APPROVING AVARIANCE TOALLOW ASIDEYARDSETBACK
OFTWOFEETFORAPRINCIPAL BUILDING ADDITION ANDASIDEYARD
SETBACK OF12FEETFOR ANACCESSORY BUILDING INAGI-GENERAL
INDUSTRIAL ZONING DISTRICT.
WHEREAS, Spectro Alloys Corporation (the “Applicant”), 13220 Doyle Path has submitted an
application to the City Rosemount (the “City”), for avariance to allow a side yard setback of two
feet for a principal building addition and a side yard setback of 12 feet for an accessory building in a
GI-General Industrial zoning district; and
WHEREAS, notice has been published, mailed and posted pursuant to the Rosemount Zoning
Ordinance, Section 11-12-2; and
WHEREAS, the Rosemount Board of Appeals and Adjustments held apublic hearing and
considered said on said matter on February 27, 2018; and
NOW, THEREFORE, based on the testimony elicited and information received, the Rosemount
Board of Appeals and Adjustments makes the following:
FINDINGS
1. That the procedures for obtaining said Variance are found in the Rosemount Zoning
Ordinance, Section 11-12-2.
2. That allthe submission requirements ofsaid Section 11-12-2 have been met by the
Applicant.
3. That the proposed variance will allow the construction of an addition toits principal
building at 13220 Doyle Path with a side yard setback of two feet for a principal building
addition and aside yard setback of12 feet for an accessory building in aGI-General
Industrial zoning district.
4. That the Variance will belocated on property legally described as follows: Lot 1, Block 1,
SPECTRO ALLOYS ADDITION, Dakota County inthe State of Minnesota
Resolution BA2018-01 1
5. The variance request isin harmony with the purposes and intent of the ordinance.
Finding: Staff finds the request in harmony with the ordinance. The uses and activities
taking place at the Spectro Alloys site are considered permitted or conditional uses under
the Zoning Ordinance, and the building addition will allow the applicant to improve the
efficiency and safety of its industrial operation. Although there are several aspects of the
site that are non-conforming, overall the proposed addition will bring the property closer
to compliance with the exterior storage and equipment provisions of the Ordinance.
The building addition and reduced side yard setback will maintain adequate spacing from
the rail line and private property to the east.
6. The variance is consistent with the comprehensive plan.
Finding: Staff finds the request is consistent with the comprehensive plan. The
recycling operation is consistent with the future land use designation ofGI – General
Industrial for the property. The continued use and improvement of businesses within
this land use category is encouraged in the Comprehensive Plan.
7. Granting of the variance allows reasonable use ofthe property.
Finding: The variance will allow for an improvement and expansion of the present
facility without reconfiguring the entire site. The proposed building addition will occupy
space that is currently used for large structures and equipment with a minimal setback to
the property line. A building addition in this location will have a minimal visual impact
over existing conditions. The proposed addition will be able to maintain asetback of 50
feet from the nearest rail line, and will also be located over 300 feet from the nearest
private property line.
8. There are unique circumstances to the property which are not created by the landowner.
Finding: The current building locations and site layout were approved under less
restrictive ordinances and met any applicable standards in place at that time. The site is
also constrained due to the adjacent rail line and rail spurs, the curving alignment of the
rail line, and itslocation adjacent toa MRCCA bluff line.
9. Granting of the variance does not alter the essential character of the locality.
Finding: The property surrounding subject property is guided and zoned for either
general or heavy industrial land uses and abuts arail spur used to move materials into
and out of the near-by oil refinery. The proposed addition will allow for continued
processing and recycling of materials in accordance the City’szoning regulations. The
essential character of the locality will not be altered bygranting of the variance
Resolution BA2018-01 2
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’sapplication for a Variance isgranted.
th
Passed and duly adopted this 27 day of February 2018, by the Board of Appeals and Adjustments
of the City of Rosemount, Minnesota.
Melissa Kenninger, Chair
ATTEST:
Stacy Bodsberg, Planning & Personnel Secretary
Resolution BA2018-01 3
NFIRS-1 Basic
19112 MN 04 24 2019 Rosemount 1
(Sta1)
190265 0
FDID State Month Day Year Station Number Exposure
Location Type
Census tract:
Street Address
Intersection
In Front Of
Rear Of
Adjacent To
Directions
US National Grid
13220 Doyle Path
Number Prefix Street or Highway Street Type Suffix
Rosemount MN 55068
Apt./Suite/Room City State Zip Code
Cross Street
Incident Type
130-Mobile property (vehicle) fire, other
Aid Given Or Received
1 Mutual Aid Received
2 Auto. Aid Received
3 Mutual Aid Given
4 Auto. Aid Given
5 Other Aid Given
None
Their FDID Their
State
Their Incident Number
Dates and Times
Alarm 04 24 2019 22:10
Arrival 04 24 2019 22:18
Controlled
Last Unit
Cleared
04 24 2019 23:07
Shifts and Alarms
Shift or
Platoon
Alarms District
Special Studies
ID#Value
Actions Taken
11-Extinguishment by fire service
personnel
Primary Action Taken
Resources
Apparatus or Personnel Module is used.
Apparatus Personnel
Suppression 5 0
EMS 1 0
Other 3 0
Resource counts include aid received
resources.
Estimated Dollar Losses and Values
Losses:Required for all fires if
known. Optional for all
non-fires.
None
Property:$ 100,000.00
Contents:$ 100,000.00
Pre-Incident Values: Optional None
Property:$ 100,000.00
Contents:$ 100,000.00
A
B
C
D
E1 E2
E3
F G1 G2
Page 1 of 7
Completed Modules
2 - Fire
3 - Structure Fire
4 - Civilian Fire Cas.
5 - Fire Service Cas.
6 - EMS
7 - HazMat
8 - Wildland Fire
9 - Apparatus
10 - Personnel
11 - Arson
Casualties None
Deaths Injuries
Fire
Service
0 0
Civilian 0 0
Detector
Required for Confined Fires
1 - Detector Alerted Occupants
2 - Detector Did Not Alert Them
3 - Unknown
Hazardous Materials Release
1 - Natural Gas
2 - Propane Gas
3 - Gasoline
4 - Kerosene
5 - Diesel Fuel / Fuel Oil
6 - Household Solvents
7 - Motor Oil
8 - Paint
0 - Other
None
Mixed Use Property
Not Mixed
10 - Assembly Use
20 - Education Use
33 - Medical Use
40 - Residential Use
51 - Row Of Stores
53 - Enclosed Mall
58 - Business and
Residential
59 - Office Use
60 - Industrial Use
63 - Military Use
65 - Farm Use
00 - Other Mixed Use
Property Use None
Structures
131 Church, Place of Worship
161 Restaurant or Cafeteria
162 Bar/Tavern or Nightclub
213 Elementary School, Kindegarten
215 High School, Junior High
241 College, Adult Education
311 Nursing Home
331 Hospital
341 Clinic, Clinic-Type Infirmary
342 Doctor/Dentist Office
361 Prison or Jail, Not Juvenile
419 1- or 2-Family Dwelling
429 MultiFamily Dwelling
439 Rooming/Boarding House
449 Commerical Hotel or Motel
459 Residential, Board and Care
464 Dormitory/Barracks
519 Food and Beverage Sales
539 Household Goods, Sales, Repairs
571 Gas or Service Station
579 Motor Vehicle/Boat Sales/Repairs
599 Business Office
615 Electric-Generating Plant
629 Laboratory/Science Laboratory
700 Manufacturing Plant
819 Livestock/Poultry Storage (Barn)
882 Non-Residential Parking Garage
891 Warehouse
Outside
124 Playground or Park
655 Crops or Orchard
669 Forest (Timberland)
807 Outdoor Storage Area
919 Dump or Sanitary Landfill
931 Open Land or Field
936 Vacant Lot
938 Graded/Cared for Plot of Land
946 Lake, River, Stream
951 Railroad Right-of-Way
960 Other Street
961 Highway/Divided Highway
962 Residential Street/Driveway
981 Construction Site
984 Industrial Plant Yard
Property Use:
Description
Look up and enter a Property Use code and
description only if you have NOT checked a
Property Use box.
Owner
Local Option Person/Entity Type Business Name (if applicable)Phone Number
Mr., Ms., Mrs.First Name MI Last Name Suffix
Number Prefix Street or Highway Street Type Suffix
Post Office Box Apt./Suite/Room City
State Zip Code
Remarks:
Responded to a forklift on fire ay Spectro Alloy. Extinguished by fire personnel
Authorization
Officer In Charge ID Signature Position or Rank Assignment Date
0310 Sword, Bruce Rosemount 1 04/26/2019
Member Making Report
ID
Signature Position or Rank Assignment Date
H1
H2
H3 I
J
K2
L
M
Page 2 of 7