00-0336R REPLACEMENT 2
RESOLUTION GRANTING A SPECIAL USE PERMIT TO DEMOLITION LANDFILL SERVICES, LLC, FOR A DEMOLITION DEBRIS LAND DISPOSAL FACILITY PROPERTY LOCATED AT 1100 WEST GARY STREET.
BY PRESIDENT GILBERT:

WHEREAS, the district court has ordered that the Duluth City Council process the request by Demolition Landfill Services, LLC, for a special use permit for a demolition debris land disposal facility, in accordance with Section 50-35(y) of the Duluth City Code, on property described as follows:

The North one-half of the Southeast one-quarter (N½ of SE¼) of Section Four (4), T48N, R15W, except that part of said North one-half of the Southeast one-quarter (N½ of SE¼) described as follows:
Commencing at the Northeast corner of said North one-half of the Southeast one-quarter (N½ of SE¼); thence traveling West along the North line a distance of 370 feet to a point which is the point of beginning; thence continuing West along said North line of North one-half of the southeast one-quarter (N½ of SE¼) a distance of 1,030 feet to a point; thence traveling South along a line parallel with the East line of said North one-half of the Southeast one-quarter (N½ of SE¼) a distance of 305 feet to a point; thence traveling East along a line parallel with the North line of said North one-half of the Southeast One Quarter (N½ of SE¼) a distance of 420 feet to a point; thence traveling South along a line parallel with East line of said North one-half of the Southeast one-quarter (N½ of SE¼) a distance of 175 feet to a point; thence traveling East along a line parallel with the North line of said North one-half of the Southeast one-quarter (N½ of SE¼) a distance of 610 feet to a point; thence traveling North along a line parallel with the East line of said North one-half of the Southeast one-quarter (N½ of SE¼) a distance of 480 feet to the point of beginning.
And also except that part of said North one-half of the Southeast one-quarter (N½ of SE¼) South of the following described line:
Commencing at the Southeast corner of the North one-half of the Southeast one-quarter (N½ of SE¼); thence North 87 degrees 34 minutes 56 seconds West, assumed bearing, along the South line of said North one-half of the Southeast Quarter 159.74 feet; thence North 34 degrees 18 minutes 48 seconds West 86.22 feet; thence North 57 degrees 44 minutes 34 seconds West 87.16 feet; thence South 88 degrees 16 minutes 38 seconds West 122.93 feet; thence South 28 degrees 59 minutes 03 seconds West 115.82 feet to said South line of the North one-half of the Southeast Quarter; thence North 87 degrees 34 minutes 56 seconds West along said South line of the North one-half of the Southeast Quarter 415.60 feet; thence North 55 degrees 03 minutes 41 seconds West 195.78 feet; thence south 66 degrees 33 minutes 51 seconds West 117.81 feet; thence South 2 degrees 25 minutes 04 seconds West 54.35 feet to said south line of the North one-half of the Southeast Quarter; thence North 87 degrees 34 minutes 56 seconds West along said South line of the North one-half of the Southeast Quarter 434.22 feet; thence North 2 degrees 25 minutes 04 seconds East 114.18 feet; thence North 63 degrees 27 minutes 48 seconds East 127.49 feet; thence North 8 degrees 33 minutes 18 seconds East 113.00 feet; thence North 79 degrees 36 minutes 32 seconds West 133.05 feet; thence North 41 degrees 41 minutes 18 seconds West 176.95 feet; thence South 77 degrees 56 minutes 39 seconds West 97.45 feet; thence South 57 degrees 38 minutes 00 seconds West 107.03 feet; thence South 56 degrees 16 minutes 44 seconds West 60.35 feet; thence South 32 degrees 49 minutes 11 seconds West 100.04 feet; thence South 2 degrees 25 minutes 04 seconds West 226.80 feet to said south line of the North one-half of the Southeast Quarter and there ending. (The areas described in the state of Minnesota Consent Decree as filed May 13, 1998 are excluded from this property description. RE: 6th Judicial District court file no. CO-91-600831);
and located at 1100 West Gary Street; and

WHEREAS, this approval is made because it has been so ordered by the district court, and not because the city council finds that appropriate safeguards will exist to protect the comprehensive plan and to conserve and protect property values in the neighborhood if conditions are observed.

NOW, THEREFORE BE IT RESOLVED, that a special use permit is hereby granted to Demolition Landfill Services, LLC to allow for the operation of a demolition debris land disposal facility at 1100 West Gary Street, on the condition that the facility be limited to, operated, and maintained in accordance with plans as identified as Public Document No. ______________ and the following terms and conditions:

(a) That a certified land survey of the above described property be filed with the St. Louis county registrar of titles and the city of Duluth engineering division and the boundary corners of the property be identified with permanent survey monuments so as to provide definitive reference points to monitor the limits of the fill and cover site for compliance with this permit and the requirements of Section 50-35(y) of the Duluth City Code (DCC);

(b) That there be no land disturbing activities and the existing landscaping, including ground cover, trees and shrubs, within 150 feet of the residential and suburban zoning boundaries be maintained so as to provide a visual buffer from the adjacent residentially zoned properties and adjacent roadways;

(c) That the materials to be placed in the facility be limited to those defined as demolition debris and construction debris pursuant to Sections 50-1.14 and 50-1.16 of the Duluth City Code and select industrial waste as listed in the application;

(d) That copies of the annual reports required by the Minnesota pollution control agency (MPCA) be submitted to the city of Duluth department of planning and development (planning department) within 15 days;

(e) That dust control measures identified in the application and as required by DCC 50-35(y)(2)(I) be implemented and enforced by the applicant;

(f) That copies of all MPCA inspection reports be submitted to the planning department within 15 days;

(g) That the applicant obtain and maintain compliance with all provision of MPCA and Western Lake Superior Sanitary District [WLSSD] permits as required by DCC 50-35(y)(3)(B);

(h) That applicant maintain adequate permanent fencing at least four feet high of welded wire mesh or rail construction of the site perimeter;

(i) Should the state permitting agency (MPCA) fail to require adequate compliance funding requirements, then the permittee shall furnish to the city a security bond, or other form of security, as set out in City Code Section 50-35(y)(3)(O), to secure compliance and site closure, in the amount specified therein, but not to be less than $20,000; and

(j) That the special use permit is issued for a period of five years from the effective date of this resolution.


STATEMENT OF PURPOSE: This resolution grants a special use permit to Demolition Landfill Services, LLC, for the operation of a demolition debris land disposal facility at 1100 West Gary Street, on the condition that the facility be limited to, operated, and maintained in accordance with submitted plans and the terms and conditions of the MPCA and WLSSD permits.