Adopt Resolution #19-171 Approving an Amended Development Agreement for ACE Solid Waste, Inc.'s Transfer Station Expansion (Project No. 19-171); Case of ACE Solid Waste, Inc.

In May of 2019, the City Council approved an Amended Conditional Use Permit, Site Plan, and Development Agreement related to a request from ACE Solid Waste, Inc. (the "Applicant") for a proposed expansion of their existing Transfer Station at 6601 McKinley Street (the "Subject Property").  The plans submitted by the Applicant included an infiltration basin to comply with the storm water management standards of the Lower Rum River Watershed Management Organization (LRRWMO).  However, subsequent to those approvals, the Minnesota Pollution Control Agency (MPCA) informed the City and the Applicant that, due to the Transfer Station, infiltration is not permitted on the Subject Property.  The City's policy in instances such as this is for the Applicant to contribute the estimated construction cost of the infiltration basin to the regional system for for infiltration.  The Development Agreement has been amended accordingly to address this cash in lieu of construction.  

Notification is not required when considering an amendment to a Development Agreement.

All costs associated with this request are the responsibility of the Applicant.

Staff recommends approving the amended Development Agreement.

Motion to adopt Resolution #19-171 approving an amended Development Agreement for ACE Solid Waste, Inc.'s Transfer Station expansion.