HomeMy WebLinkAbout5.c. FHR
EXECUTIVE SUMMARY
Planning Commission Regular Meeting: January 25, 2022
Tentative City Council Meeting: February 15, 2022
AGENDA ITEM: 22-03-IUP Request by Flint Hills
Resources for an Interim Use Permit to
Construct a Solar Facility on 314 acres
west and southwest of its Pine Bend
Refinery.
AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 5.c.
ATTACHMENTS: Site Location; Preliminary Site Plan; Draft
Interim Use Permit APPROVED BY: AK
RECOMMENDED ACTION:
Motion to recommend the City Council approve the Interim Use Permit (IUP) allowing Flint
Hills Resources to construct a solar facility to provide energy to its Pine Bend Refinery,
subject to the following:
a. The project shall be subject to all requirements under city code and policy related to
such development and improvements.
b. An environmental assessment worksheet shall be provided by the applicant for
review by the appropriate agencies and accepted by the City.
c. The applicant shall submit a landscape plan and associated surety in the amount of
110% of the proposed landscaping cost prior to building permit approval.
d. Applicant shall apply for and receive a grading permit prior to construction.
e. The applicant shall conduct a tree inventory and submit for review with a grading
permit application. Any required tree replacement shall be included in a landscape
plan.
f. Applicant shall provide sufficient parking where appropriate to ensure access
roadways remain clear for emergency vehicles.
g. Ground or wall signs shall be approved through a separate permit.
h. If lighting will be provided, the applicant shall submit a detailed lighting plan and cut
sheet for all light fixtures consistent with the City’s lighting standards as part of its
building or electrical permit submission.
i. Submission of a certification from Underwriters Laboratories, Inc., or other
appropriate certification as determined by the city, prior to receiving a building
permit. The city reserves the right to deny a building permit for proposed solar
energy systems deemed to have inadequate certification.
j. Any solar energy system remaining nonfunctional or inoperative for a continuous
period of one year shall be deemed abandoned and shall constitute a public
nuisance. The owner shall remove the abandoned system at their expense after
obtaining a demolition permit. Removal includes the entire structure including
transmission equipment.
k. There shall be no assignment of the interim use permit without the written approval
of the City. The permittee will be responsible for all requirements of this permit and
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all applicable City ordinances for the permit period unless the permittee gives sixty
(60) days prior written notice to the City of termination and surrenders the permit to
the City.
l. The permittee shall grant to the City, its agents, employees, officers and contractors,
including agents, employees and contractors of any surety, an irrevocable license, in
a form approved by the City Attorney, to enter the property to perform all work and
inspections deemed appropriate by the City to enforce conditions or to perform work
as a result of the permittee’s default. This license shall continue in effect until all
conditions imposed by the City have been complied with.
m. The permittee will reimburse the City for any costs incurred as a result of any
necessary inspections to ensure that the conditions of the permit are being satisfied
and any costs incurred as a result of enforcing the permit.
n. The permittee shall hold the City harmless from all claims or causes of action that
may result from the granting of the permit. The permittee shall indemnify the City for
all costs, damages or expenses, including but not limited to attorneys’ fees that the
City may pay or incur in consequence of such claims.
o. Conformance with all requirements of all other applicable regulatory agencies
including, but not limited to, Dakota County and the State of Minnesota.
SUMMARY
Applicant: Flint Hills Resources
Location: North of 140th Street East and east of Blaine Avenue AND north of
Bonaire Path and west of Blaine Avenue
Area in Acres: 314 Acres
Comp. Guide Plan Design: AG – Agriculture, LI-Light Industrial, GI-General Industrial
Current Zoning: AG – Agriculture and HI – Heavy Industrial
The Planning Commission is being asked to consider a request by Flint Hills Resources (FHR) for
approval of an Interim Use Permit (IUP) to construct a solar facility on 314 acres of applicant-owned land
located west and southwest of the Pine Bend Refinery. The system will generate up to 45MW of electricity
for use by the refinery. Typically, accessory solar systems are approved administratively by staff via the
building permit process. Because of the size of the proposed facility and the potential for conflicts with
future development patterns, staff recommended the applicant apply for an interim use permit with a term
of 25 years to allow the City to reassess the conditions of the permit as well as development patterns in the
surrounding area. The land on which the facility will be constructed is owned by the applicant and located
within an area that the applicant has indicated will be maintained as a buffer between the refinery and the
developing portion of the City. Therefore, staff is not anticipating future development in the vicinity of
the site. This request is unusual in that the size of the project falls under the threshold that would require a
site plan review given the vastness of the refinery, and solar systems that are accessory to a principal use do
not require an IUP. The plans provided by the applicant are very preliminary, but the applicant is seeking
IUP approval prior to devoting the significant resources to the development of materials that will be
needed by various agencies to review.
Because the project area is greater than 100 acres, an environment assessment worksheet (EAW) must be
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produced to ascertain whether an environmental impact statement (EIS) will be required. The City’s
consultant, WSB, is working with the applicant on the drafting of the EAW. Acceptance of the EAW is
included as a condition of approval. Additionally, the applicant will be producing a tree inventory as part
of its grading permit application. Submittal of that document is also listed as a condition of approval,
although staff does not anticipate any required tree replacement due to the three large stands of trees that
the applicant is leaving untouched as part of the project. The applicant does have an ongoing tree planting
program through which over 1,000 trees are planted each year, which likely aligns with the intent of the
tree preservation ordinance. Staff is recommending approval of the request.
BACKGROUND
Ordinance Creation
In March of 2014, the City Council approved Ordinance B-229 related to Alternative Energy Systems.
Prior to approval both the Planning Commission and City Council reviewed the ordinance during multiple
meetings. During this review the City Council expressed concerns with proposed height and screening
standards. In the end, the Council directed staff to revise the ordinance to require ground mounted solar
energy systems, community solar gardens or solar farms be screened from view of the public right-of-way
to the extent possible without reducing their efficiency by setback, berming, landscaping, walls or a
combination thereof.
Facility Description
The solar project area will consist of individual solar modules and support equipment surrounded by
fencing. There is significant existing vegetation along the east side of Blaine Avenue/Rich Valley
Boulevard that will be retained as it provides screening of the refinery. The applicant has indicated that
they will provide screening in the form of trees wherever it will not impact the efficiency of the solar
panels. A condition of approval is included that a formal landscape plan be submitted for staff review
prior to issuance of a building permit for staff to calculate the necessary landscape surety as required by
City Code. Because the project straddles multiple public roadways, there will be several access points into
the different parts of the facility. The applicant is planning to install tracking solar panels that move with
the position of the sun to generate the greatest amount of energy possible. The foundations will likely be a
driven steel pier and typically do not require concrete. Concrete pads or footings may be required for the
inverter skids. Areas of bare ground at the facility will be re-vegetated with a low-growing seed mix that
will include plant varieties that attract pollinators. Because the existing use of the site is agricultural in
nature, restoring the entire site’s vegetation to native plants will be a lengthy process that will occur in
coordination with other restoration activities initiated by the applicant.
ISSUE ANALYSIS
Legal Authority
Interim use permit requests are considered a quasi-judicial action. In such cases, the City is acting as a judge
to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision
Ordinance are being followed. Generally, if the application meets these requirements it must be approved.
The applicable standards, along with staff findings related to each are provided below.
Interim Use Permit Review
Interim Use Permits are intended to permit the temporary use of a property for a specific use until a
particular date, the occurrence of a particular event, or if zoning regulations no longer permit the proposed
use. The general standards and findings necessary for reviewing an IUP application are outlined in Section
11-10-08 and detailed below. The City must approve or deny each IUP request based on review of these
criteria. Should the City approve an IUP request, it may attach conditions to mitigate anticipated adverse
impacts associated with the use, ensure compliance with the standards of approval, protect the value of
other property, and achieve the goals and objectives of the comprehensive plan.
Setbacks and Height
The proposed project lies within the AG and HI zoning districts. The AG district contains a minimum 50’
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front yard and 30’ rear and side yard setbacks. The HI district requires a minimum setback of 75’ for all
structures under 35’ in height. The plans provided by the applicant indicate setbacks ranging from 97’ to
191’ at all property boundaries facing a public right of way. All adjacent parcels are owned by the
applicant, and even greater setbacks are provided from those property lines.
The maximum height for ground mounted solar systems is 15’. The applicant provided an elevation
showing the maximum height of the panels to be 14’. Because the solar panels will track the sun, the
height of the panels will be 9’ when they are in a horizontal position.
Screening . The Alternative Energy Systems ordinance requires ground mounted solar systems be
screened from view of the public right-of-way to the extent possible without reducing their efficiency by
setback, berming, landscaping, walls or a combination thereof. The applicant has indicated that due to the
use of tracking solar panels that would utilize a wider angle of the sun’s rays, particularly in the morning
and evening hours, they have concerns about the ability to provide screening that wouldn’t affect the
efficiency of the panels. At the time the ordinance was adopted, City Council had concerns about the
visual impact of solar panels in the southeastern, agricultural part of the city. Staff believes that the
proposed project is different due to its location adjacent to the refinery on land owned by the applicant to
be used as a buffer, and the screening requirements are not as impactful or necessary. Nevertheless, the
applicant has indicated a willingness to provide additional trees where practicable, and a formal landscape
plan will be submitted for staff review in order to calculate the amount of any required landscape surety.
Landscaping & Tree Preservation. The applicant is requesting IUP approval prior to dedicating the
resources to producing full civil plans. Because several large stands of trees are being preserved as part of
this project, combined with the applicant’s ongoing process of planting over 1,000 trees each year on its
property, staff is comfortable recommending approval of the IUP with the understanding that a tree
inventory of the project area will be conducted and submitted with a required grading permit.
Staff also discussed providing pollinator-friendly ground cover on the site, and the applicant agreed that
those areas of bare ground will be re-vegetated with a low-growing, pollinator-friendly seed mix. Areas
that will not be graded will still contain remnant vegetation related to the current agricultural use on the
site. Restoring those areas to native plants will be a much longer and more difficult task, which will occur
over time with other restoration activities on FHR-owned land. Most recently those activities have taken
place on the east side of Highway 52. The applicant has indicated that they look forward to expanding
those efforts westward through and beyond the proposed project area.
Access & Parking . The applicant’s plans illustrate accesses to each portion of the site consistent with
City standards. The plans illustrate four accesses from Blaine Avenue/Rich Valley Boulevard.
Rosemount’s parking regulations do not list specific off-street parking for the proposed solar facility use.
However, the applicant’s plans include maintenance and monitoring areas. Maintenance will be conducted
by FHR employees based within the refinery boundary. As a result, staff recommends a condition of
approval require the applicant to provide sufficient parking that will ensure the access roads remain clear in
case of emergencies. Parking within those roads will not be permitted so emergency vehicles will have full
access to the site while maintenance activities are taking place.
Feeder Lines. According to the applicant’s plans, all cables and power lines will be buried within the
project consistent with City requirements. Xcel Energy operates and maintains the distribution system
which may be above ground.
Compliance. The Alternative Energy ordinance requires all solar energy project to comply with all
applicable building, electrical and plumbing codes. The applicant’s states they will comply with these
requirements and apply for all necessary permits.
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Certification. The City’s Alternative Energy ordinance requires solar electric system components to be
certified by Underwriters Laboratories, Inc. and the applicant has pledged to submit this certification prior
to construction. Staff recommends a condition of approval require the applicant to submit a certification
from Underwriters Laboratories, Inc. prior to receiving a building permit. The city reserves the right to
deny a building permit for proposed solar energy systems deemed to have inadequate certification.
Abandonment. The City’s Alternative Energy ordinance deems any solar energy system remaining
nonfunctional or inoperative for a continuous period of one year is abandoned and shall constitute a
public nuisance. Staff recommends a condition of approval require removal any system deemed
abandoned at landowner’s expense after a demolition permit has been obtained. Removal includes the
entire structure including transmission equipment.
Signage. The applicant’s plans show no ground or building signage. All signs shall meet the requirements
of the AG – Agricultural and HI-Heavy Industrial district and shall not be installed without first receiving
approval of an administrative sign permit.
Exterior Lighting. The applicant’s plans do to not include a lighting plan. If the applicant intends to
install any security or maintenance lighting, staff recommends a condition of approval that requires the
applicant to submit a detailed lighting plan and cut sheet for all light fixtures consistent with the City’s
lighting standards with any building/electrical permit.
Engineering. As has been previously stated, the applicant wishes to receive IUP approval prior to
dedicating the resources to civil plan development. There are several layers of review that remain before
the proposed solar facility can be constructed, including a stormwater review as part of the grading permit
application, building and electrical permits that must be applied for and reviewed, and an EAW must be
completed and accepted following a public comment period. The City’s engineering staff has conducted a
preliminary review and found that there is no planned infrastructure within the project boundaries, and
therefore the proposed project will not impact future plans for the provision of sewer, water, and
stormwater management to the east side of the City.
Findings for Interim Use Permits
1. The extent, location, and intensity of the use will be in substantial compliance with the comprehensive
plan.
Findings: The proposed project is consistent with the Comprehensive Plan. First, the proposed
project is consistent with one of the ten guiding principles of the Comprehensive Plan, which is to
“Incorporate sustainability precepts into development decisions to move toward a more resilient community.” Second,
the requested rezoning is consistent with an energy infrastructure goal of Chapter 7: Resilience within
the Comprehensive Plan, which is to “Look for opportunities to remove barriers and increase renewable energy us
in order strengthen and diversify the energy grid and mitigate climate related impacts.”
2. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets.
Findings: The applicant’s plans illustrate two accesses to the site consistent with City standards. The
plans illustrate access points to each segment of the facility from Blaine Avenue/Rich Valley
Boulevard which are sufficient for the level of traffic generated by the proposed use.
3. The use will not be detrimental to the existing character of the development in the immediate
neighborhood or endanger the public health, safety, and general welfare.
Findings: The proposed solar facility use will not be detrimental to the existing character of the
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development in the immediate neighborhood or endanger the public health, safety, and general
welfare. The proposed solar facility is consistent with the land use designation and goals and
objectives of the comprehensive plan.
4. The use will not impede the normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
Findings: Staff is recommending a 25-year term to the IUP for the proposed solar facility and, while
located within the MUSA, the land on which the project will be constructed is in an area the applicant
intends to maintain an undeveloped buffer between its Pine Bend Refinery and development to the
west. Should the applicant’s plans for this area change, the term of the IUP will allow the City to
reassess the appropriateness for such a use at the end of the 25-year period.
5. The use shall, in all other respects, conform to the applicable regulations of the district in which it is
located.
Findings: With a few exceptions, the proposed project meets or exceeds the performance standards
for solar farms. Areas of non-compliance are addressed through specific conditions of approval
detailed in the Recommended Action section of this report to be reviewed prior to the issuance of
building, electrical, and grading permits.
CONCLUSION & RECOMMENDATION
Staff recommends approval of the interim use permit (IUP) application from Flint Hills Resources to allow
construction of a solar facility on land east of its Pine Bend Refinery, subject to conditions. This
recommendation is based on the materials submitted by the applicant and the findings made in this report.
The project area is a total of 314 acres with the solar facility comprising 207 acres within it. Staff is
recommending a 25-year term for the IUP subject to the conditions and review timeline included in the
permit. Should the City approve the project, the site will be used to generate energy to support the
operations at the refinery. Staff and the applicant are excited about this project as it will go a long way
toward increase the efficiency of the refinery’s operations and will help the City reduce its overall greenhouse
gas emissions and meet its stated goal of becoming a more resilient community.
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XXXXX X X XXXXXE 125th StRich Valley BlvdBlaine AveAnderson Dr103192745681112131415Typical Tracker ArrayTypical 14.2kV Collection LineGSC02Proposed Perimeter FenceProject Laydown and Office ParkingProject BoundaryProposed Directional Bore - TypExisting Transmission Lines - TypExisting Petroleum Line - TypExisting RailroadProposed Storm Water Management- TypXcel Energy SubstationProposed 14.2kV UndergroundTransmission Line (By Others)MINNCAN Pipeline CrudeRecieving and Metering StationExisting Capped WellProposed 14.2kV OverheadTransmission Line (By Others)Proposed Directional Bore - TypProposed Cable Tray(By Others)Point of DemarcationSee Detail BelowProposed Site AccessGSC01GSC03Existing Trees toRemainProposed Landscaping Buffer140th St E138th St EBonaire Path EProposed Access Gate withNative Compacted Soil RoadsProposed Access Gate withNative Compacted Soil Roads25' Row Spacing9' or 14'
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DBDBXXXXXSite PlanScale: 1" = 600'Key MapScale: 1" = 6,000'ProposedBoundaryAC Capacity at Point ofInterconnection: 45MWacABCDEFGHIJKLMNOPQ12345678910COPYRIGHT(C)2021 DEPCOM POWER, ALL RIGHTS RESERVEDDRAWING NUMBER:12345678910NOT FOR
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SHEET OFREV DATE REVISION DESCRIPTION BY CHK APP THIS PRINT IS NOT TO BEUSED FOR CONSTRUCTIONUNLESS NOTED AND SIGNED"OK FOR CONSTRUCTION"ABOVE LAST REVISIONSCALE:DRAWN BY:CHECKED BY:PROJECT MANAGER:PROJECT DIRECTOR:PROJECT CODE:DEPCOM JOB NUMBER:SHEET TITLE:TITLE:9185 E PIMA CENTER PARKWAY #100SCOTTSDALE, AZ 85258PHONE: (480) 270-6910WWW.DEPCOMPOWER.COMDEPCOM POWERD:\DEPCOM Power Dev\CAD - PDE\Opportunities\Flint Hills Resources\Pine Bend Refinery\Site Plans\WIP\Active Drawings\Pine Bend Refinery SP-100-5-T - 1/18/2022 11:43 AM
060012001800300600Imperial ScaleScale: 1" =600'LegendProject Boundary LineUnderground AC LineOverhead AC LinePerimeter FenceExisting Overhead LineOHXWetlands100-YR FEMA Flood PlainDirectional BoreDBSite PlanTBDTBDMN55SP-100-5-T########CFMPAS NOTED13Project Information:Customer Name: Flint Hills Resources Pine Bend, LLC.Customer Address: 13775 Clark RoadRosemount, MN 55068Customer Account # At Xcel: 51-5604696-6EPC CompanyEPC Contact Name and Number:DEPCOM Power9185 E Pima Center Pkwy Suite 100, Scottsdale, AZ 85258Installer Company: TBDInstaller Contact Name and Number:TBDSolar Farm / Interconnection Address: 13775 Clark RoadRosemount, MN 55068Row Spacing: 25ftDC/AC Disconnect Location:At PAD Mounted ReclosersProject Site Description:Latitude:44.760081°Longitude:-93.071215°Elevation: 835 ft min - 970 ft maxTotal Site Area - Available:1087.16 ± AcresTotal Buildable Area: 806.26 ± AcresTotal Fenced Acres:314.70 ± AcresTotal Array Footprint: 207.18 ± Acres Annual Cooling Design Temp: 90.8° FExtreme Annual Min DB MeanTemp: -14.8° F(ASHRAE 2017)Wind Load: 102, Risk Category ISnow Load: 50psfSeismic Load: SS= 0.05g, S1= 0.03gInterconnection Data:Transmission Provider: NSPInterconnection Voltage: 14.2kVOfftaker: Flint Hills ResourcesPoint of Interconnection: 29SU01 15kV Switchgear ~3,000' LFCircuit3.062MWacMWdcMWacdc/acRatio1517.9515.311.17222518.2815.311.19373518.3915.311.2012TotalCapacity1554.6145.931.1890Information used to prepare this drawingItemSourceDate, RevisionSite BoundaryPDF from Client:PB Solar Farm Attachment 2 - SolarMap.pdf10/1/2020CUPNoneN/AGeotechNoneN/AFEMAPanel: 27037C0115E, 27037C0120E12/2/2011Topographic SurveyTopo CAD file provided by Harry S.Johnson Co:HSJ 202110005 FHR TOPO 8-11-21.dwg8/11/2021HydrologyNoneN/AWetlandsNational Wetland Database2018POI LocationNoneN/AAerial ImageryUSGS via Bing MapsN/AASHRAEhttp://ashrae-meteo.info/index.phpASHRAE 2017Wind Load Sourcehttps://hazards.atcouncil.org/(ASCE7-16)Snow Load Sourcehttps://hazards.atcouncil.org/(ASCE7-16)Seismic Load Sourcehttps://hazards.atcouncil.org/(ASCE7-16)*Files are based on State Plane Coordinate System NAD83Pine Bend RefineryRosemount, Dakota County, MinnesotaOwner/Developer:Flint Hill ResourcesPine Bend Refinery
Rosemount, Dakota County,
MinnesotaExisting Gas LineExisting Petroleum LineGASPETProposed Access RoadProposed Storm Water Management300ft Railway BufferTracker Elevation DetailScale: NTSPoint of Interconnection DetailScale: 1" = 30'(2) Pad Mount XfmerProposed 8x12 Control ShelterAlternative Source (TBD)ProposedUndergroundMVACProposed DirectionalBore(3) Pad Mount ReclosersPoint of Demarcation(3) XCEL Metering CT/PT EnclosuresProposed FenceRRMPCFReleased for Engineerinf Design1-6-220
RRMPMPRevised per CLient Comments1-17-221 Existing Trees to RemainProposed Landscaping Buffer
Flint Hills Resources Interim Use Permit Conditions
For A Solar Energy System
This Interim Use Permit (IUP) is valid only for the property legally described in Attachment A,
herein after “the Project Area.”
1. The IUP will be in effect for 25 (twenty-five) years from the date of full commissioning of
all solar gardens within the Project Area or December 31, 2016, whichever occurs first.
2. The operation of the community solar garden shall comply with all applicable zoning
standards and the approved site plan attached as Exhibit B.
3. The project area shall be subject to all requirements under city code and policies related to
such developments, improvements and requirements governing interim use permits in state
law and the city code.
4. All site improvements shall be reviewed by the City Engineer for approval prior to
completion in accordance with City standards including grading permits.
5. An environmental assessment worksheet shall be provided by the applicant for review by the
appropriate agencies and accepted by the City.
6. The applicant shall submit a landscape plan and associated surety in the amount of 110% of
the proposed landscaping cost prior to building permit approval.
7. Applicant shall apply for and receive a grading permit prior to construction.
8. The applicant shall conduct a tree inventory and submit for review with a grading permit
application. Any required tree replacement shall be included in a landscape plan.
9. Applicant shall provide sufficient parking were appropriate to ensure access roadways
remain clear for emergency vehicles.
10. Ground or wall signs shall be approved through a separate permit.
11. If lighting will be provided, the applicant shall submit a detailed lighting plan and cut sheet
for all light fixtures consistent with the City’s lighting standards as part of its building or
electrical permit submission.
12. Submission of a certification from Underwriters Laboratories, Inc., or other appropriate
certification as determined by the city, prior to receiving a building permit. The city reserves
the right to deny a building permit for proposed solar energy systems deemed to have
inadequate certification.
13. Any solar energy system remaining nonfunctional or inoperative for a continuous period of
one year shall be deemed abandoned and shall constitute a public nuisance. The owner shall
remove the abandoned system at their expense after obtaining a demolition permit. Removal
includes the entire structure including transmission equipment.
14. There shall be no assignment of the interim use permit without the written approval of the
City. The permittee will be responsible for all requirements of this permit and all applicable
City ordinances for the permit period unless the permittee gives sixty (60) days prior written
notice to the City of termination and surrenders the permit to the City.
15. The permittee shall grant to the City, its agents, employees, officers and contractors,
including agents, employees and contractors of any surety, an irrevocable license, in a form
approved by the City Attorney, to enter the property to perform all work and inspections
deemed appropriate by the City to enforce conditions or to perform work as a result of the
permittee’s default. This license shall continue in effect until all conditions imposed by the
City have been complied with.
16. The permittee will reimburse the City for any costs incurred as a result of any necessary
inspections to ensure that the conditions of the permit are being satisfied and any costs
incurred as a result of enforcing the permit.
17. The permittee shall hold the City harmless from all claims or causes of action that may result
from the granting of the permit. The permittee shall indemnify the City for all costs,
damages or expenses, including but not limited to attorneys’ fees that the City may pay or
incur in consequence of such claims.
18. Conformance with all requirements of all other applicable regulatory agencies including, but
not limited to, Dakota County and the State of Minnesota.