The URL can be used to link to this page

Home My WebLink AboutUntitled 411 LAW OFFICES OF • Eekberg, Lammers, Briggs, Wolff E Vierling, P.L.L.P. 18357Northwestern Avenue Lyle J. Eelc}�erg Stillwater, Minnesota 55082 Susan D. Olson James F. Lammers (612) 439-2878 David K. Snyder Robert G. Briggs** FAX (612) 439-2923 Mark J. Vierling* Paul A. Wolf( Gregory G. Gallen• Direct Dial (612) 351-2118 (1944-1996) Kevin K. Sboeberg *Qualified Neutral Arbitrator&Mediator Thomas J. Weidner January 30 , 1997 *Qualified Neutral Arbitrator *Certified Real testate Specialist MR SCOTT RICHARDS NORTHWEST ASSOCIATED CONSULTANTS INC SUITE 555 5775 WAYZATA BLVD ST LOUIS PARK MN 55416 MR JOSEPH ANDERLIK BONESTROO ROSENE ANDERLIK & ASSOCIATES 2335 WEST HIGHWAY 36 ST PAUL MN 55113 MR MICHAEL J ROBERTSON CITY ADMINISTRATOR ` CITY OF OAK PARK HEIGHTS P 0 BOX 2007 14168 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: Dougherty v. NSP, et al . Court File No. : C1-96-5654 Gentlemen: Enclosed herewith please find copies of the Plaintiff' s Interrogatories and Request for Production of Documents directed to the City of Oak Park Heights . To the extent that the Interrogatories and/or Request for Production of Document request documents of information which are in your re e-ctiv- files as it affects this action, I would ask that you ce -pile trat information and provide copies to me at your earlie conven' -nce . If you have any questions, please do no . esitate to contact me . Yo s v- truly, ark J. Vic=. . MJV: smp Enclosure • • STATE OF MINNESOTA DISTtICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type: Mandamus and Injunction Court File No.: Charles R. Dougherty and Judith A. Dougherty, husband and wife, Plaintiffs, vs. PLAINTIFFS'INTERROGATORIES TO DEFENDANT, CITY OF OAK Northern States Power Company, PARK HEIGHTS a public utility and public service corporation under the laws of Minnesota; the Minnesota Pollution Control Agency, a political subdivision of the State of Minnesota; and the City of Oak Park Heights, a statutory City and political subdivision of the State of Minnesota, Defendants. TO: Defendant, City of Oak Park Heights, and its attorney, Mark Vierling of the Law Offices of Eckberg, Lammers, Briggs, Wolff & Vierling, 1835 Northwestern Avenue, Stillwater, MN 55082. INTERROGATORIES Plaintiffs,pursuant to the Minnesota Rules of Civil Procedure,demand full and complete Answers to the following Interrogatories under oath, in writing, within thirty (30) days after service of these. Interrogatories. The following Interrogatories shall be deemed to be continuing in nature and if information is discovered after these Interrogatories are answered which would change or supplement the Answers given, demand is hereby made that said information be furnished immediately. 1 • • 1. Identify all documentation in possession of the City or any agent or contractor that deals in any way with NSP's expansion at the Allen S. King Landfill operation from January 1, 1993, to the present. As to each document state: a. Who prepared the document; b. When the document was prepared; c. The general contents of the document; and d. The name, address and title of the custodian of the document. 2. With regard to the rezoning of the buffer area adjacent to the Landfill made by the City on October 22, 1996, state whether any acoustical studies were made of the proposed industrial activity that was expected to take place in the area rezoned. Dated: January 27, 1997 MAGNUSON LAW FIRM 4.2111.1.4.4.41 David . Magnus•n (#66400) Attorney for Pl.' tiffs 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439-9464 2 • • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type: Mandamus and Injunction Court File No.: Charles R. Dougherty and • Judith A. Dougherty, husband and wife, • Plaintiffs, vs. PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS • Northern States Power Company, TO DEFENDANT, CITY OF OAK a public utility and public PARK HEIGHTS service corporation under the laws of Minnesota; the Minnesota Pollution Control Agency, a political subdivision of the State of Minnesota; and the City of Oak Park Heights, a statutory City and political subdivision of the State of Minnesota, Defendants. TO: Defendant, City of Oak Park Heights, and its attorney, Mark Vierling of the Law Offices of Eckberg, Lammers, Briggs, Wolff & Vierling, 1835 Northwestern Avenue, Stillwater, MN 55082. DOCUMENT REQUESTS The Plaintiffs hereby demand that you produce and permit the inspection and copying of the following documents within thirty (30) days of the date of this request: 1. Any noise monitoring reports for any and all areas located in whole or in part within one mile of the Landfill from the inception of the Landfill to the present. 2. All reports, graphs, charts or other documents identifying the location of any noise monitors located inside of or within one mile of the Landfill from its inception to the present. 1 • 3. All records reflecting the average number of vehicular operations per day at the Landfill from its inception to the present, including any documents that identify the type of vehicles and the approximate number of vehicular movements. 4. All records reflecting the average number vehicular movements per day at the Landfill from January 1, 1993, to the present, which pass through the driveway directly adjacent to the Plaintiffs' property, including any documents that identify the type of vehicles and the approximate number of vehicular movements. 5. All records relating to the planning and design of the Ash Pit Landfill extension, including any studies regarding the potential effect of the expansion on property within one mile of the Landfill. • 6. Any and all reports,complaints or other documents provided to NSP relating to the effect of the Landfill operation on adjacent properties or residents within one mile of the Landfill. 7. All written plans, reports, recommendations or other documents submitted to the Minnesota Pollution Control Agency for any requests to modify the Pollution Control Agency permit for the Landfill submitted since August 6, 1985. 8. All reports submitted to the Minnesota Pollution Control Agency, the Environmental Protection Agency or any other federal or state agency dealing in any way with the effects or potential effects of the Landfill operations on any property within one mile of the Landfill. 9. All written plans, reports, recommendations or other documents relating to any request made by NSP to the City of Oak Park Heights for rezoning, vacation of streets or modification of existing zoning permits from January 1, 1993, through the present. 10. Any and all documents identified in the Defendant, City of Oak Park Heights' Answers to Plaintiffs' Interrogatories. 2 Dated: January 27, 1997 MAGNUSON LAW FIRM • .„ David T. Ma tg.iu on (#66400) Attorney for P , ntiffs 333 North Mai' Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439-9464 3 411 LAW OFFICES OF Eehherg. Lammers. liriggs . Wolf ierlin P.L.l P.L.L. P. L 18551Northwestern Avenue Lyle 1 reLLe rg Stillwater. Ailnncsota 55082 Susan t1 l/. Olson James F. Lammcrs (012) -1.5 )-2878 David k. Snyder Robert G. Brigs*. FAX (G 12) -l.�f)-2925 ��arlc J. VierlIng* {'aul _\. Wulff Gregory G. Gaiter* Direct Dial (612) 351-2118 ' ll (19-1.1-1990) Kevin K. Shoeherg *feualif,ed Neutral Arbitrator& ,Mediator Thomas J. \Weidner *Qualified Neutral Arbitrator January 28, 1997 *Certified Real Estate Specialist MR BRUCE A COLT NSP LAW DEPARTMENT r ` 414 NICOLLET MALL MINNEAPOLIS MN 55401 MR DWIGHT S WAGENIUS STATE OF MINNESOTA OFFICE OF ATTORNEY GENERAL SUITE 400MR DWIGHT S WAGENIUS 445 MINNESOTA STREET ST PAUL MN 55101-2127 RE: Charles and Judith Dougherty v. Northern States Power Company, et al Court File No. C1-96-5654 . Gentlemen: Enclosed herewith and served upon you by U. S. Mail please find the Notice of Motion and Motion; Affidavit of Michael J. Robertson; Affidavit of Scott Richards; and Memorandum of Law in Support of the Motion for Summary Judgment by the City of Oak Park Heights in regards to the above-referenced matter. Yours very truly, Mark J. Vierl;ing MJV/pja cc : Michael J. Robertsons - 3/ • • • LAW OFFICES OF \v� I, 1 {� Wolff ` T� T D Yf x. Lelcber8. Lammers. Briggs, VY o] ft & Vierling. 1 .L.L.i . if 1855 Norf�nnwgqestern Avenue Isle .I. l,�el:l)er(� Stillwater. Minnesota 55082 Susan D. Olson .lames F. Lammers ((112) -159-2878 D n c1 l\. Snyder Robert (;. Bri�c�s -• FAS (()13) 1,">1)-'�11•�.i `�arlc •l. Vierling*ierlinc* [ti dUI .k. Wolff Gregory GDirect Dial (612) 351-2118 (J91.1-1Mi) Nes-in l\. S oebert� *(3,.„I;II< I \•„trl .\ L;•<,t,„• �1<d;<,t„ Thomas .1. Weidner .cl„ I;r<.I �<•„t, l .�,I , t,,,. December 26, 1996 *( :.,t,n<•d lte<J I:.a<,t<•5Nr:i<,I;a MS BRUCE A COLT MR DWIGHT S WAGENIUS NSP LAW DEPARTMENT STATE OF MINNESOTA 414 NICOLLET MALL OFFICE OF ATTORNEY GENERAL MINNEAPOLIS MN 55401 SUITE 400 445 MINNESOTA STREET MR DAVID T MAGNUSON ST PAUL MN 55101-2127 ATTORNEY AT LAW SUITE 202 333 NORTH MAIN STREET P O BOX 438 STILLWATER MN 55082 RE: Charles and Judith Dougherty v. Northern States Power Company, et al Court File No. C1-96-5654 Gentlemen: Following up on my previous correspondence directed to Messrs. Colt and Magnuson of December 20, 1996 (a copy of which I attach) , Mr. Magnuson has advised me that he is not available to confer by phone with regard to scheduling an ADR format until Friday, January 10, 1996 . I will therefore, schedule and coordinate the conference call between the attorneys on this matter on the 10th of January at 9 : 00 a.m. Please advise if any of you have any difficulty in your schedule on that date . Yours very truly, 27v_vo v Mark J. Vierling MJV/smp cc : Michael J. Robertson LAW OFFICES OF I ckherg. Lammers. Briggs. W0111 terl>n 1 L. :1 .t 1855+ Northwestern :��•enne L,le .f. I:elc6e, Still Water. Minne9Otd 5508 ,7u vc , r Olson .lame.. I . L<tmmt•,, (012) -1.59-2878 f)<„gid K. Snyder fiobc•rt Ci. Iiriggs ♦ FAX ((i12) ;V )_2�)2.i ala,it .I. �';e,ttnc* Paul A. Wolff Grec<,ry G. Gaiter* Direct Dial (612) 351-2118 (19 L-L-R)OG) I\ r- 'Vin K. SI,oeber� *O,.,I fl d S<,tr<,i .1.6 ,ni< fs !i.•d <,i r komas .1. Weidner ,O.<al�(�o<� Ncotra1 December 26, 1996r,,t,r,<<t i;,.,i 1:.., s�•, .,r.,t WASHINGTON COUNTY COURT ADMINISTRATOR CIVIL COURT DIVISION WASHINGTON COUNTY GOV'T CENTER 14900 61ST STREET NORTH STILLWATER MN 55082 RE: Charles and Judith Dougherty v. Northern States Power g Y Company, et al Court File No. C1-96-5654 Dear Administrator: Enclosed herewith for filing please find Affidavit of Service serving Separate Answer of the City of Oak Park Heights on the AttorneyGeneral' s' s Office representing the Minnesota Pollution Controlnc Age y in regards to the above-referenced matter. Yours very truly, L1 �) Mark J. Vierling MJV/smp Enclosure / cc: Mr. Michael J. Robertson . IIS i LAW OFFICES OF � i j Eckberg. Lammers, Briggs, Wolff & Vierling. 01833 Northwestern Avenue Lyle J. Eelcber` Stillwater, Minnesota 55082 Susan D. Olson James L•. Lammers (612) 439-2878 David K. Snyder Robert G. Briggs** , ,_ Marls .1. Vierling* FAX (612) X3`1 -�"' Paul A. Wolff Gregory G. Gaiter* Direct Dial (612) 351-2118 (t`t-t-t-1996) Kevin K. Shoeberg *Qualified Neutral Arhiiitrator& Mediator Thomas J. Weidner *Qualified Neutral :\rhitrator er+iGrd Real Estate Specialist December 20, 1996 MS BRUCE A COLT NSP LAW DEPARTMENT 414 NICOLLET MALL MINNEAPOLIS MN 55401 MR DAVID T MAGNUSON UEC Z 3 199 ATTORNEY AT LAW SUITE 202 333 NORTH MAIN STREET P 0 BOX 438 �_ .-----_- STILLWATER MN 55082 RE : Charles and Judith Dougherty v. Northern States Power Company, et al Court File No. C1-96-5654 • Dear Messrs . Colt and Magnuson: I am in receipt of the Court' s Scheduling Order in this matter and note that .the Court has required that an ADR Neutral be selected on or before February 10, 1997 . The Order does not address what form of alternative dispute resolution is to be selected and, obviously, leaves to the parties the process of selecting the Neutral . Rather than waiting until February 10th, I would suggest that we confer by phone on or before January 3, 1997, to discuss both the method of alternative dispute resolution to be implemented as well as the process by where the Neutral can be selected. I am willing to facilitate that phone conference but I would ask that each of you confirm your availability with my office within the week. I would propose to schedule a conference call on this issue at 9 : 00 a.m. , January 3 , 1997 . Yours very truly, Mark J. Vierling MJV/smp cc: Michael J. Robertson � ., ' , STATE OF MINNESOTA TENTH JUDICIAL 'DISTRICT COUNTY OF WASHINGTON STILLWATER , MINNESOTA 55082-3802 ~ ^~ In Re : CHARLES R DOUGHERTY et al . vs . NORTHERN STATES POWER COMPANY et al . Case Number : 82—C1-96-005654 MARK J VIERLING 1835 NORTHWESTERN AVE STILLWATER MN 55082 NOTICE OF FILING OF ORDER You are hereby notified on December 17, 1996 a Scheduling Order was filed in the above entitled matter. A true and correct copy of this notice has been served by mail upon the parties named herein at the last known address of each , pursuant to the Minnesota Rules of Civil Procedure. Marie Sunlitis , Court Administrator By __JLM Dated: December 17, 1996 Deputy ' . ' • . .Th Ede 0, STATE OF MINNESOTA 1 ",,,,,e 7(N.WITY F IN DISTRICT COURT ' SI CIVIL DIVISION COUNTY OF WASHINGTON /TENTH JUDICI_AL DISTRICT I DEC 1 7 1996 I E Charles R. Dougherty & Judith A. Dgy ts1RAYOR $9 MIA Plaintiff(s)JX $et, = O�� 04.4, A.� SCHEDULING ORDER v. • NSP, MSL Pollution- Control Agency-& _ - -- - -- - Oak Park Heights Defendant(s)agginn File No. C1-96--5654 Attorney for Plaintiff(s),MCiMIa*A : Mr./Ms. Dave Magnuson Telephone: ( ) . 439-9464 Attorney for 2d Plaintiff/Petitioner: Mr./Ms. Telephone: ( ) Attorney for Defendant(s), WMr./Ms. Bruce Colt Telephone: ( ) 330-6600 Attorney for 2d Defendant/ r./Ms. Mark Viprling Telephone: ( ) 439-2878 • _ Based upon all files, records, and correspondence herein, the court makes the following: ..__. _.._.. . SCHEDULING ORDER 1. Discovery shall be completed no later than February 28 199 7 , and there will be no extensions thereof without leave of the court; 2 . Joinder of additional parties shall be completed no later than December 23 , 199 ; 3 . All dispositive motions shall be brought before the court no later than March 10 , 1997; 4 . All non-dispositive motions shall be brought before the court nc later than March 10 , 1992,; 5 . -All independent physical, mental, and blood examinations conducted pursuant to Minn.R.Civ.P. 35 shall be completed no later than N/A , 1 99_; 6. This matter shall be heard by the court/ '. A jury fee shall be paid within ten days hereof by 7 . A joint statement of the case shall be submitted to the court nc later than March 14 , 199 .; • a III 8. A pre-trial and settlement conference, with the parties present and i with their attorneys, shall be conducted on March 21 199 7 at 9:OO a.m./p.Ia. before the Honorable Donald J. Venne, and the parties shall be present and available to the court from commencement of the conference through a remainder of the day; 9 . The trial shall commence on April 3 10:00 a.m./IpCXIX before the Honorable Donald J. Verneand will take approximately 5days; and 10. Counsel agree that ADR is/1=0= appropriate. 11. Counsel have chosen ADR neutral by Februar 10 1997 and will select an 12 . Counsel shall immediately notify the judicial aide at 430-6327, when and if the case is settled or otherwise disposed of prior to trial; • 13 . Requests for continuances shall be made in writing within twenty (20) days of the below-entered date of this ORDER. After twenty days, continuances shall be granted only upon motion to the court; and 34. That the Washington County Court Administrator shall mail a copy of this ORDER to counsel for the above-namedparties.,- Such mailing shall constitute due and proper service of this ORDER for all purposes. 15 . • A f; ' ; • I I Dated: /i 61 b " ' By ' 1 !Donald J. Verne dge of District Court • Tenth Judicial District AMERICAN DISABILITY ACT: If you need a reasonable accommodation or assistance, please call (612) 430-4420. If you cannot communicate by phone voice, our TDD number is (612) 439-3220. • Vr • _ • • (-N LAW OFFICES OF Ecicberg, Lammers. Briggs. Wolff & Vierling, P.L.L.P. 1855 Northwestern Avenue Lyle J. Ecicber Stillwater, Minnesota 55082 Susan D. Ql F. u son James Lammers (612) -1.59-2878 David K. Snyder Robert G. Briggs*' FAX (( 1 2) 459-2925 Marl, J. Vierling* haul A. kJolTl Gregory G. Gaiter* Direct Dial (612) 351-2118 (1944-199G) Kevin K. Shoeberg NentraI Ar ,trator& Mediator ThomasJ. Weidner •Qualifed Neutral Ar6;trtor December 2, 1996 *Certified Real Entate Specialist r- '. WASHINGTON COUNTY COURT ADMINISTRATOR CIVIL COURT DIVISION WASHINGTON COUNTY GOV' T CENTER oEG — 3 1996 14900 61ST STREET NORTH STILLWATER MN 55082 RE: Charles and Judith Dougherty v. Northern States Power Company, et al Court File No. C1-96-5654 Dear Administrator: Enclosed herewith for filing please find Affidavit of Service serving Separate Answer of the City of Oak Park Heights on NSP in , regards to the above-referenced matter. Yours very truly, 4-) 1 Mark J. Vierling MJV/smp Enclosure cc : Mr. Michael J. Robertson ✓/ • • LAW OFFICES OF Vierling, Eelcberg. Lammers, Briggs. Wolff & V P.L.L.P. Stillwater. Northwestern Avenue Lyle J. E,ck6erg Stillwater, Minnesota 55082 5 Susan D. Olson James F. Lammers (612) =1.39-2878 David K. Snyder Robert G. Briggs** Marl, J. Vierling* l'AX (612) 439-2923 Panl A. Wolff Gregory G. Gaiter* (1944-1996) Kevin K. Shoeberg Direct Dial (612) 351-211$ *Qualified Neutral Arbitrator& Mediator Thomas J. Weidner Qualified Neutral Arbitrator *Certified Real Estate Specialist December 2, 1996 MS BRUCE KULT NSP - 3l C� 414 NICOLLET MALL MINNEAPOLIS MN 55401 RE: Charles and Judith Dougherty v. Northern States Power Company, et al Wash. Cty. Court File No. C1-96-5654 Dear Mr. Kult : Enclosed herewith and served upon you by U. S. Mail please . find Separate Answer of the City of Oak Park Heights in regards to the above-referenced matter. Yours very truly, Mark J. Vierling MJV/smp Enclosure cc: Mr. Michael J. Robertson t�I s l�✓ ) \\i/ pryr Y LAW OFFICES OF L Lekberg. Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1855 Northwestern Avenue Lyle .f. Eel<berg Stillwater. Minnesota 55082 Susan D. Dison James F. Lammers (012) 439-2878 David K. Snyder Robert G. 5riggs=;<• FAX (612) 439-2923 Mart( .1. Vierling* Paul A. Wolff Gregory G. Galler• Direct Dial (612) 351-2118 (1944-1996) Kevin K. Shoeberg *Qualified Neoral Arbitrator& Mediate, Thomas J. Weidner .Qualified Neutral Arbitrator November 27, 1996 Certified Real Estate Speeiahst WASHINGTON COUNTY COURT ADMINISTRATOR CIVIL COURT DIVISION DEC _ WASHINGTON COUNTY GOV' T CENTER 14900 61ST STREET NORTH STILLWATER MN 55082 RE : Charles and Judith Dougherty v. Northern States Power Company, et al Court File No. C1-96-5654 Dear Administrator: Enclosed herewith for filing please find Separate Answer of the City of Oak Park Heights and Certificate of Representation and Parties together with our Affidavit of Service in regards to the above-referenced matter. Also enclosed please find our firm check in the amount of $132 . 00 to cover the cost of the filing fee in this regard. Yours very truly, 67/ Mark J. Vierling MJV/smp Enclosure cc : Mr. Michael J. Robertson ``/. f ' Lammers. • LAW OFFICES OF l p . ui Eckberg. Lammers. Briggs, Wolff & Vierling. 1 .L.L.P. 1835 Northwestern Avenue Lyle L`1 cb1 erg Stillwater. :Minnesota 35082 Susan D. Olson L James F. Lammers (612) 439-2878 David K. Snyder Robert G. Briggs** FAX (612) 439-29 Marl, J. Vierling* PaulPani A. Wolff Gregory G. Gaper• Direct Dial (612) 351-2118 (1944-1996) Kevin K. Shoeberg *Qualified Neutral Arbitrator& Mediator Thomas J. Weidner ♦Qualified Neutral Arb.trator November 27, 1996t'ertified Real Estate Specialist MR DAVID T MAGNUSON ATTORNEY AT LAW SUITE 202 333 NORTH MAINT STREET P 0 BOX 438 STILLWATER MN 55082 RE: Charles and Judith Dougherty v. Northern States Power Company, et al Dear Mr. Magnuson: Enclosed herewith and served upon you by U. S . Mail please find Separate Answer of the City of Oak Park Heights in regards to the above-referenced matter. Yours very truly, Mark J. Vierling MJV/smp Enclosure cc : Mr. Michael J. Robertson / • 4 • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type: Mandamus/Injunction Charles R. Dougherty and Court File No. C1-96-5654 Judith A. Dougherty, husband and wife, Petitioners, vs. SEPARATE ANSWER OF CITY OF OAK PARK HEIGHTS Northern States Power Company, a public utility and public service corporation under the laws of Minnesota; the Minnesota Pollution Control Agency, a political subdivision of the State of Minnesota; and the City of Oak Park Heights, a statutory City and political subdivision of the State of Minnesota, Respondents. Comes now the City of Oak Park Heights, a statutory City and Municipal corporation and for its answer to the Petition for Writ of Mandamus and Complaint for Alternative Relief served on behalf of Charles R. Dougherty and Judith A. Dougherty, states and alleges as follows : I . Except as is hereinafter admitted or otherwise qualified, each and every allegation within said Petition is denied. II . That this answering Respondent admits the content of the following paragraphs, 1, 3 , 5, 6, 7, 11 and 24 . 411 411 t. III . That this answering Respondent is without information or knowledge sufficient to form a belief as to the truth of the allegations contained within the following paragraphs and thereby denies same putting Petitioners to the strict proof thereof : 2, 4, 9, 10, 27 and 28 . • IV. That with regard to the allegations contained within paragraph 8 of the aforementioned Petition, this answering Respondent is of the information and belief that the permit from MPCA either has been issued or has been issued conditionally to Northern States Power. The balance of the allegations contained therein are admitted. V. With regard to the allegations contained within paragraph 12 of the aforementioned Petition, this answering Respondent hereby annexes as Exhibit A, a true and correct copy of the portion of the City Minutes of the meeting of October 22, 1996, wherein the City conditionally granted the approval of NSP to rezone lands purchased by them as identified within their application, also annexes hereto Exhibits B and C which are copies of NSP' s application and a copy of the City Planner' s Report, summarizing staff analysis by the City of Oak Park Heights of the application as submitted by NSP, which staff analysis was approved by the City Council incorporated into its action, approving the rezoning. • S VI . That with regard to the allegations contained within paragraph 13 , this answering Respondent alleges that the neighborhood in which the Petitioner' s property is located has always been adjacent to NSP property, which has been operated as a slag pit for at least two decades within the City of Oak Park Heights . That reasonable accommodations for vegetative and other buffers will be constructed as part of the approval, granting NSP to extend its pit facilities, all this is outlined within the Planner's Report from the City of Oak Park Heights annexed hereto as Exhibits C and incorporated herein by reference. VII . That with regard to the allegations contained within paragraph 14, that the street for which a public hearing is to be held before the City Council on November 26, 1996, are Outlined within the Notice of Public Hearing annexed hereto as Exhibit D and incorporated herein by reference. Streets vacated would not be vacated purely to the convenience of any private property owner, but would only be vacated if the City of Oak Park Heights determines that there is no longer a valid public use for the right-of-way acquired and owned by the City of Oak Park Heights and if it is in the interest of the public to do so. That such action has not yet been taken by the City of Oak Park Heights and that Petitioner' s complaints with regard to action not even acted upon by the City is premature and Plaintiff has not exhausted the administrative remedy with regard thereto. 3 ` r 410 VIII . The contents of paragraph 15 are denied. That the construction and building demolition incurring throughout this process to extend the pit of NSP shall not pollute, impair or destroyanynatural resources to the State of Minnesota or the City of Oak Park Heights . Further, the City does verily believe that the overall improvement rendered to the neighborhood as a result of the NSP action shall be beneficial and shall, in time, enhance the value of the Petitioner's property. Noise levels generated during the period of construction shall be monitored by the City of Oak Park Heights and within the permit that has been issued by the City of Oak Park Heights and are prohibited from exceeding levels which are established by MPCA rule. IX. That the allegations contained within paragraph 16 through 20 of the Petitioner' s Petition appear to be directed to the Metropolitan Pollution Control Agency and not directed to the City of Oak Park Heights. Consequently, this answering Respondent incorporates by reference the answer of the Northern States Power Company and the Minnesota Pollution Control Agency with regard to said allegations as may be provided in their answers. As it affects Cover Park, the location of the actual area to be occupied by NSP for purposes of conducting or expanding the existing slag pit, is well distant of over a 1, 000 feet from Cover Park. Further, that Cover Park will actually be enhanced by NSP in terms of actual improvements that will be added to or rendered to 4 • i Cover Park as a result of this project, enhancing its use for both neighborhood and community purposes. X. That Petitioner' s allegations in paragraph 21 through 23 are denied. Petitioner has failed to identify any specific equipment proposed to be used by NSP for purposes of conducting its operations or implementing this project upon the property occupied by NSP. Condition of the permit issued by the City of Oak Park Heights has incorporated by reference a requirement that no noise may emanate from the facility which would violate the MPCA standards and those requirements will be monitored by the City of Oak Park Heights from time to time with the authority to regulate and impose sanctions, should violations occur. The City has thoroughly studied and analyzed the proposal of NSP and has indicated in the Planner' s Report annexed hereto as Exhibit C, the use as proposed is compliant with the City' s comprehensive plan and meets the adjacent needs of property owners and the community at large. The City of Oak Park Heights action allowing the rezoning and conditional use permit issuance has been thoroughly evaluated and is reasonable after having taken into account all public comment, planning, engineering and related standards and meets the interests of the City of Oak Park Heights and is consistent with the City' s Ordinances. XI . Petitioner' s allegations contained within paragraphs 25 and 26 are denied. That the City of Oak Park Heights followed 5 # procedurally its own Ordinances in allowing the rezoning and the issuance of the Conditional Use Permit and has provided for an improvement in a manner that would be beneficial not only to NSP but the adjacent community neighborhoods as well as the Petitioner' s own property. Petitioners property does not appear to be threatened by any degree of harm or damage as a result of this particular improvement and Petitioner has wholly failed to show any appreciable damage or injury as a result of this project . Petitioner has, on information and belief, acknowledged within the Public Hearings and otherwise, that they have been attempting to sell and market their property for quite some time prior the initiation of this project and have been unable to do so. Petitioner failed to demonstrate by any competent evidence, damage resulting in their property as a result of this project. The project itself will have a positive impact on Cover Park, which is owned by the City of Oak Park Heights and operated for the benefit of the neighborhood as a community park. The City' s Planning Report reflects that NSP will be required to provide screening and landscaping in relationship to its property vis a vis, Cover Park, however, the City can require this landscaping be removed in part to provide additional parking for Cover Park to enhance it use as a neighborhood park. NSP has agreed to provide and will provide as a condition of the improvement, such landscaping and/or parking surfaces . The proposal as advocated by NSP has been studied by the City Planner, Engineering and City 6 i i Parks Commission and neither of those agencies has determined any adverse impact to Cover Park or any adverse impact as it affects this community usage. The City of Oak Park Heights had not in any way prejudged NSP' s zoning request . NSP had met with City Staff prior to initiating its rezoning to determine consistency with the City' s comprehensive plan and confirm their procedures that they would be implementing as part of the public hearing process, all of which is a reasonably acceptable practice. XII . That as it affects allegations contained within paragraphs 29 through 41 are hereby denied by this answering ,Respondent . WHEREFORE, Respondent, City of Oak Park Heights requests the following relief : 1 . For the Order of the Court dismissing the Petition for Writ of Mandamus and Complaint for Alternative] Writ as well as an Order Quashing the Alternative Writ of Mandamu and Order Allowing Mandamus otherwise issued by the Court on November 8, 1996 . 2 . The City further requests that it be awarded its reasonable attorneys fees, court costs and disbursements incurred within these proceedings . 3 . For such other and further relief as to the Court is just and equitable in the premises . 7 S 7_, Dated this day of od "'Z 6 ECKBERG LAMMERS, BRIGGS, WOLFF & VIERLING, M-rk J. Vierlin. • torneys for Respondents ty of Oak Park Heights 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney T .D. 112823 VERIFICATION STATE MINNESOTA . ss. COUNTY OF WASHINGTON) MICHAEL J. ROBERTSON, being first duly sworn upon oath deposes and says that he is the City Administrator for the City of Oak Park Heights, one of the Respondents in the above-entitled action, and that he has read the foregoing Separate Answer of the City of Oak Park Heights and knows the contents thereof, and that the same is true and correct, except as to those matters therein stated on information and belief, and as to those matters he believes them to be true. CITY OF OAK PARK HEIGHTS rIC' ' J. -i; ' SON City Administrator Subscribed and, s orn/t before me • this ;(P day of � �, ___ .� MARK J. VIER(.INQ • 19 9 6. A07��FiY PUEUC-MINNESOTA 'F/WASHINGTON COUNTY a My Co..0. .100K Jan.31.2000 Notary Public 8 411 • ACKNOWLEDGEMENT Pursuant to Minn. Stat . §549 .21, the party or parties represented by the undersigned attorneys acknowledge (s) that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties for actions in bad faith; the assertion of a claim or a defense that is frivolous and that is costly to the other party; the assertion of an unfounded position solely to delay the ordinary course of the proceedings or to harass; or the commission of a fra upon the Court . Dated this 9c day of I A 04.)46.-.-4-,---y-9-17-26 ECKBERGRS, BRIGGS, WOLFF & VIE' .L.L.P. Mark J. Vierling Atto,neys for Respondent 1835 orthwestern Avenue Stillwater, MN 55082 (612) 4392878 Attorney I .D. 112823 9 • EXHIBIT A r . • Aft ' Page 7 - Minutes 10/22/96 Northern States Power - Proposed Rezoning & Conditional Use Permit - Mayor O 'Neal opened the Public Hearing at 8 :39 p.m. Cary Teague of the City Planner' s Office, reviewed the staff report regarding NSP' s request for a Conditional Use Permit (CUP) to allow mining and land reclamation in excess of 400 cubic yards . NSP also requested rezoning a portion of the site from R- 2, Low and Medium Density Residential to I, Industrial to accommodate the proposed use . NSP also requested the vacation of certain roadways that are platted within the proposed rezoning area. Mayor O'Neal stated that the Council can not act on NSP's request for street vacation because a public notice was not sent. Mike Thomas, a representative from NSP, was present and discussed • NSP' s plans for the expansion of the landfill . He said based on present usage this would extend the life of the landfill and power plant until 2014 . Jim McCollum, 14269 North 57th Street, asked Thomas about the potential environmental impact the coal fly ash could have on the surrounding community. Thomas stated that the MCPA has outlined all the steps NSP has to take in order to meet state guidelines for disposal of the fly ash, that NSP will comply with those guidelines, and that there should not be any', adverse impact upon the community. Chuck Dougherty, 306 West Olive Street, Stillwater, owner of the bed & breakfast at 15330 58th Street, stated, that he was opposed the project and requested that the City table the issue until NSP has met with him. Dougherty expressed concerned that his property value might be negatively affected 4s a result of the expansion and rezoning of the property. He stated he wanted NSP to met with him and negotiate a purchase of his property. Dougherty also said he thought that the project will not be necessary if MNDOT does not proceed with construction of the bridge . Thomas stated that NSP is committed to moving forward with the project, regardless of the status of MNDOT's plans regarding bridge and highway reconstruction. Brian Jones, 15331 58th Street, objected to rezoning the area outside the landfill for fear of future development . He said he had no objections to rezoning the area that would become part of the landfill . Thomas said that the State of Minnesota required that the buffer area around the landfill be rezoned to industrial, and that was the only reason NSP was requesting it . Thomas also stated that future redevelopment of the buffer area with industrial uses would require permits from the State and the City. Thomas said :::: he had no problems with any of the City staff ' s recommendations . • 410 Page 8 - Minutes 10/22/96 Councilmember Robert, seconded by Kern, moved to close the Public (+ Hearing at 9 :23 p.m. Carried 5-0 . Councilmember Robert, seconded by Swenson, moved to approve the Conditional Use Permit and Rezoning subject to conditions noted in the staff report . Carried 5-0 . Councilmember Robert requested NSP accommodate the resident 's concerns regarding fencing around the facility. Thomas stated that NSP is committed to accommodate concerns regarding the fence. New Business : Set a Public Hearing Date - Councilmember Schaaf, seconded by Kern, moved to set a Public Hearing date of November 26, 1996 to discuss vacation of the following streets as requested by NSP; Carried 5-0 . • 1. A portion of 58th Street west of Peabody Avenue . 2 . A portion of 59th Street west of Beach Road. 3 . A portion of Upper 59th Street west of Beach Road. • 4 . An alley contained within Block 9, Oak Park Subdivision. 5 . A portion of Peabody Avenue north of 59th Street . • 6 . Un-named roads on the west edge of Oak Park Subdivision that are contained within the NSP property boundaries. Request for Minor Subdivision - Martin Siebert - 5670 Penfield avenue North - Council reviewed a memo from Administrator Robertson regarding Siebert's request for a Minor Subdivision in order to sell the west 20 feet of lot 7 to Keith and Katherine Bruchu. Siebert requested the minor subdivision be granted without a public hearing, as he wished to expedite the sale. • Councilmember Swenson, seconded by Kern, moved to grant the minor subdivision without a public hearing with the following conditions : 1 . All parcels and remnant parcels that are under one ownership should be joined together. 2 . The joining should be done and recorded at the same time. • 1997 Salary Recommendations - Councilmember Schaaf, seconded by Kern, moved to table discussion on proposed 1997 employee salaries until the next City Council meeting scheduled Tuesday, November 12, 1996 . Correspondence: • • t Oun - s-.L - t _ _ •--• • • • •O•• 'v- - North - Councilmember Schaaf, seconded by Swenson, moved to approve the request for a speed study on Osgood Avenue . Carried 5-0 . F- 6- ;. EXHIBIT B II Enclosure 108 CHECK APPROPRIATE BOX : FEE : ( JC) Amendment ( k ) Rezoning : $400:00 + 400.00 Escrow ( ) Comprehensive Plan Amendment: 350.00 + 350.00 Escrow ( ) Conditional Use Permit : 300 .00 + 300.00 Escrow ( ) Variance: ( ) Single Family: 150.00 ( ) Other Residential , Commercial & Industrial 300.00 + 300.00 Escrow ( ) List Reason For Hardship ( ) Subdivision: 350.00 + 350.00 Escrow ( ) Minor Subdivision (See Section 1 .G. , Sub . Ord. ) : 300.00 + 150.00 Escrow ( ) Planned Unit Development: ( ) Concept Plan 700.00 + 1 ,000. Escrow ( ) General Plan 700.00 + 1 ,000. Escrow ( at ) Street Vacation: 100.00 + 100.00 Escrow Legal Description of Property: Address: �. .'- AT04.1Kt> ::. 6j __ tot(s) Block(s) :.Addition(s) • (If metes and bounds `attach description) Description of Request Applicant Name: ti Til34.4_5_�-1't.�.1Z�`t.. �•+�P�.J�{Phone: Address: jL'LIJ iCo Mst.�. I _ City: Lt' JN1 State: .a_ Zip: - Q(---- Owner ( If other than applicant) : Name: Phone: Address: City: State: Zip: In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received pertaining to additional application expenses. • Applicant 's Signature Date 02.0,7 YOUR REQUEST WILL NOT BE SCHEDULED FOR PUBLIC HEARING OR CONSIDERATION BY CITY ADVISORY BODIES UNTIL ALL REQUIRED INFORMATION HAS BEEN REVIEWED AND FOUND TO BE ADEQUATE BY CITY STAFF . ��Ira 41) Northern States Power Company #€ 414 Nicollet Mall Minneapolis,MN 55401 Telephone(612)330-6939 September 20, 1996 Mike Robertson City Administrator City of Oak Park Heights 14168 North 57th Street Oak Park Heights, MN 55082 Dear Mr. Robertson: • Enclosed are five (5) copies of the Rezoning Amendment indicating our intentions regarding the application of rezoning the properties that NSP has optioned adjacent to the A.S. King Ash Disposal Facility. We would like to have the City Council set the public hearing for this request at their September 24, 1996 meeting. We would hope to have the public hearing on this request before November 1, 1996. In addition, we are requesting the City Council consider our request for vacating portions of streets that will no longer serve residences of Pak Park Heights. All of the streets being requested for vacation fall within the property boundaries of NSP or properties that NSP has exercised their option to purchase. The streets which - are being requested for vacation is shown on the attached maps and are defined as follows: 1. The portion of 58th Street west of Peabody Ave. 2. The portion of 59th Street west of Beach Road. • 3. The portion of Upper 59th Street west of Beach Road. 4. An alley contained within Block 9, Oak Park Subdivision 5. The portion of Peabody Ave. North of 59th Street 6. Un-named roads on the west edge of the Oak Park Subdivision that are contained within the NSP property boundaries. Mr. Mike Robertson City of Oak Park Hell.' September 20, 1996 Checks to the City of Oak Park Heights are enclosed to pay the prescribed fee for the Rezoning Amendment ($800.00/Ck# 2866053) and tho Street Vacation ($200.00/Ck#2866054). We are also requesting that the City Council review the Permit Modification for the A.S. King Ash Disposal Facility dated November, 1995. Upon review, NSP is requesting the Permit Modification be approved by the City and supersede the currently approved operating plans for the facility. Thank you for prompt response in this matter and I will be in contact with you shortly. Best Regards, • • Scott Thomas enc. • • REZONING AMENDMENT for NORTHERN STATES POWER COMPANY September 20, 1996 1. Property Dimensions/Description: A total of five properties are involved in the Rezoning Amendment Request. The address and legal description of the properties are as follows: Current Owner Address Legal Description • Noyes 15325 58th St. North Lots 5, 6, 7 and 8, Block 12,Oak Park Keller 15329 59th St. North Lots 9 and 10, Block 8, Oak Park and all that part of Fourth St. (now vacated)lying West of Lots 9 and 10. MKL General 15314 through 15328 Lots 1, 2, 3, 4, 13, 14, 15 and 16, Block 11, Partnership 58th St. North Oak Park. Trego Limited 15313 through 15327 Lots 5, 6, 7, 8, 9, 110, 11 and 12, Block 11, Partnership 59th Street North Oak Park. Northern States — Lots1 through 16, Block 10, Lots 1 through Power Company 8, Block 13, Lots',1, 2, 9 through 16 and portions of Lots 3 through 5 west of Beach Road, Block 9, and a portion of Block 15, Elfelt's Addition, Oak Park The enclosed map shows each property boundary relative to surrounding features. 2. Details of Existing and Proposed Buildings: The properties that are optioned by NSP has buildings which will either be demolished or reMoved from the site. The footprint of the existing buildings is shown on the enclosed map. New buildings will not be constructed on the property. The NSP property has one building on the site which will be moved to another location on the NSP property. 3. Planned uses for Property: A portion of the optioned properties will fall within the footprint of the new ash disposal facility for the A.S. King Generating Plant. This portion of the site will be graded to match the contours shown on the plans included with our permit modification dated November, 1995. The portion of the land not used for the disposal facility will be vegetated with a mixture of deciduous and non-deciduous trees to serve as a buffer to adjacent residences. A plan for establishing new vegetation is being prepared by BRW Consultants, Minneapolis. This plan will be provided to the city on or before October 15, 1996. REZONING AMENDME� NORTHERN STATES POWER COMPANY September 20, 1996 The enclosed map shows the extent of our 1997 construction relative to surrounding feature and the property where rezoning is requested. 4. Names of adjacent Roads and Alleys: The roads adjacent to the properties are as follows: 1. 59th Street west of Beach Road. 2. 58th Street west of Peabody Ave. 3. Access alley south of Lots 9 and 10, Block 8 and Lots 15 and 16, Block 9, Oak Park Heights. 4. Peabody Ave. South of 5 5. 9th Street to the NSP Transmission easement. The roads adjacent to the properties are shown on the attached map. 5. Detailed Explanation of Proposed Uses: The property will form the edge of the expansion of the A.S. King Ash Disposal Facility. A portion of the optioned property will be within the footprint of the disposal area. The remainder of the property will serve as buffer area to the facility. This area will be forested and will not be developed. The enclosed map indicates the portion of the property that wUf be within the 1997 construction at the disposal facility. The November, 1995 permit modification submitted to the MPCA shows the life of facility plan and fully details all aspects of the construction, operation and closure of the facility. An information packet will be submitted to the city summarizing the facility plans, schedule of construction activities, procedures NSP will use to minimize the impact of construction and operations on the surrounding community and a general vegetation plan by October 1, 1996 • EXHIBIT C Enclosure 1OD r NORTHWEST ASSOCI, ED CONSULTANTS • R INC �'} COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Oak Park Heights Mayor and City Council - - FROM: Cary TeaguelScott Richards i'ly 1 OCT 18 1996 RI DATE: 16 October 1996 RE: Oak Park Heights - NSP Site - Rezoning/CUP/A.S. King Ash Disposal Facility Modification/Street Vacation FILE NO: 798.02 -96.08 BACKGROUND Northern States Power Company (NSP) has requested a conditional use permit to allow mining and land reclamation in excess of 400 cubic yards. Mining/land reclamation in excess of 400 cubic yards is a conditionally permitted use within all zoning districts. The purpose of the request is to expand the A.S. King Ash disposal facility, therefore, NSP is requesting approval of a permit modification for the existing plans for the facility, which were approved by the City in 1995. NSP is proposing the expansion in coordination with Minnesota Department of Transportation's (MNDOT) proposed realignment of Trunk Highway 36 and associated ramps near the site. The MNDOT plans call for a Highway 36 off-ramp to cross the northeastern corner of the permitted NSP landfill. Therefore, up to 30 feet of ash must be excavated from this area and re-disposed. MNDOT and NSP have agreed that NSP will re-dispose of a portion of the ash back in their landfill as long as NSP can expand the permitted area to gain back the volume lost. NSP will also be excavating • up to 40,000 cubic yards of slag in this expansion area. This will allow the A.S. King disposal facility to continue taking the coal ash from the A.S. King generating plant in the future. The applicant is also requesting a rezoning of a portion of the site from R-2, Low and Medium Density Residential to I, Industrial, to accommodate the proposed use. In conjunction with the proposed NSP facility expansion and rezoning, the applicant is also requesting the vacation of certain roadways that are platted within the proposed rezoning area. The property is located at the east end of 58th Street and 59th Street, south of Highway 36. There are four quad-type apartment structures and two residential homes that will have to be razed prior to commencement of the project. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55415 PHONE 612-595-9636 FAX 6 1 2-595-9837 • • • Attached for Reference: Exhibit A - Site Location Exhibit B - Existing Zoning Map Exhibit C - Land Use Plan Exhibit D - Site Plan Exhibit E - Landscape Plan Exhibit F - Suggested Alterations to Landscape Plan Exhibit G - Street Vacation Map ISSUES AND ANALYSIS Rezoning A portion of the subject site is currently zoned R-2, Low and Medium Density Residential, therefore, the applicant is requesting a rezoning of this area to I, Industrial in order to accommodate the use. Exhibit B shows the specific area that is proposed to be rezoned. In consideration of the rezoning, a determination must be made in regard to the acceptability of the proposed land use. Rezoning Evaluation Criteria: Section 401.16 A. 5 of the Zoning Ordinance directs the City Council to consider the possible adverse effects of the proposed amendment. Its judgements must be based upon (but not limited to) the following factors: 1. Relationship to the municipal comprehensive plan. 2. The geographical area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. 4. The character of the surrounding area. 5. The demonstrated need for such use. • • • Comprehensive Plan: The existing land use plan, as contained within the Comprehensive Plan designates the majority of the subject site for industrial land uses (Exhibit C). The • townhomes and one of the residential homes are located within the area that is designated for industrial uses. Compatibility: The Zoning Ordinance stipulates that the proposed use should be compatible with present and future land uses in the area. In determining the acceptability of the proposed zoning amendment, it is beneficial to examine surrounding land uses. The following is a listing of uses and zoning designations which surround the proposed rezoning site as shown in Exhibit B: 2 , Direction Use Zoning North Highway 36/Residential on R-2-Low&Med. Dens. Res. North side of Highway 36 South Valley View Park (wetland) 0-Open Space West Industrial (Existing NSP Site) I, Industrial East Residential R-2 Immediately south of the proposed rezoning area is a large wetland area within the Valley View Park, as shown in Exhibit B. To the west of the proposed rezoning area is the existing NSP disposal facility, therefore, the existing land uses to the west and south are compatible to the proposed expansion of the NSP disposal facility. To the north is Highway 36, which provides a buffer to the residential uses on the north side of Highway 36. However, concern is raised in regard to the land use to east, which is single family residential. To address this concern the applicant will be creating a large berm, and as shown within Figure 1, of the Proposed Site Development Plan (distributed separately to staff and City Council members), a large landscaping/buffering area is proposed to screen the proposed use. The landscaping will be described in detail within the next section of this report. Character of the Area: The expansion of the industrial land use is not inconsistent with the land to the north, south and west. If the landscaping/buffering area adequately screens the NSP site from the residential homes to the east, to proposed use should not negatively effect the character of the area. Conditional Use Permit Evaluation Criteria: The purpose of a conditional use permit is to provide the City of Oak Park Heights with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises, or any adjoining roads, and all such other or further factors as the City may deem a prerequisite of consideration in determining the effect of such use on the general welfare, public health and safety. Section 401.03.H of the Oak Park Heights Zoning Ordinance conditionally permits the extraction of sand, gravel, or other material from the land that exceeds four hundred (400) cubic yards. The Ordinance states that the permit shall be conditioned upon the following: 3 • • A plan for a finished grade which will not adversely affect the surrounding land or development of the site. The applicant has submitted an ultimate use plan including topography, and landscaping/buffering area. The proposed finished grade of the site should not adversely affect surrounding property. Said grading plan shall be subject to review and approval of the City Engineer. ► The route of trucks moving to and from the site. There will be no increase in traffic as a result of the proposed expansion. NSP traffic will continue to follow their usual routes with similar frequency. Leachate generated at the facility will be disposed of directly into the City of Oak Park Heights sanitary sewer, therefore, leachate hauling by truck from the site will be minimized and result in a reduction of traffic around the site. In addition, NSP will be improving the access roads at the site. • Slag Removal (Nov. 1996 - Jan. 1997) NSP will be excavating slag from the site, proposed to begin in early December of 1996. The excavation will be completed to elevations in accordance with MPCA approved construction plans. The slag excavated is to be utilized in accordance with NSP's current slag utilization permit. NSP is anticipating up to 15 feet will be excavated. Hauling from the site is proposed from 7:00 a.m. to 6:00 p.m. Monday through Friday. Slag will be trucked from the excavation site to the Black Diamond storage facility in Woodbury. Dust: The applicant is proposing to water the site during construction as necessary to control dust. Watering during the winter months will not be necessary. Noise: As mentioned, heavy construction equipment will be operated from 7:00 a.m. to 6:00 p.m. Monday through Friday. Therefore, the established MPCA noise levels must be met at the excavation site boundary. Said MPCA levels are as follows: 65 decibels cannot be exceeded 10 percent of the time for one hour, and 60 decibels cannot be exceeded 50 percent of the time for one hour. If complaints are received by the City, the MPCA will be requested to monitor the noise levels. Slag Transportation:The transportation of the material will be limited by the following conditions: A. Hours of hauling shall be between 7:00 a.m. and 6:00 p.m., Monday through Friday only. B. Slag haul vehicles cannot release liquids or dust or any other material during • 4 • .I transportation. C. A wheel washer shall be required, and approved by the City Engineer/Washington County Engineer. Building Demolition/Utility Relocation (Dec. 1996 - Jan. 1997) There are four quad-style apartments and two single family homes located in the southeast corner of this site that are to be demolished as a part of this proposal. These structures are shown in Figure 2 of the Proposed Site Development Plan. In conjunction with the removal of these structures, utilities such as telephone, electrical, cable, and gas will have to be disconnected and the waterline will have to be relocated. Waterline relocation is • necessary to maintain a loop that currently runs through the area for fire protection for the remaining residence. The sanitary and storm sewers are proposed to be abandoned at the nearest manhole. Said proposal to disconnect and relocate these items shall be subject to review and approval of the City Engineer. Cell 1 Construction (May 1997 - Sept 1997) Construction and operation of the ash disposal facility (Cell 1) will generate some dust, • and noise, however, the traffic will be similar to that which already exists, and it is within this phase that the access roads to the site will be improved. • Dust: The applicant is proposing to control dust as part of the Cell 1 Construction as follows: A. The site will be watered during construction and operation as necessary to control dust. B. The ash will arrive in covered trucks with a moisture content of 15 percent. C. The ash will be landfilled within as small an active working area as possible. D. Permanent wind erosion control will be established by turf establishment and landscaping. Noise: Operation will again be between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday. All equipment will have adequate muffler systems. The same conditions regarding the above mentioned MPCA noise levels shall be upheld. Traffic: Traffic patterns to the site shall not be altered, and the existing access roads to • 5 i�� • .j the site will be improved. Site Drainage: The applicant has stated that the construction and operation of the ash disposal facility will not physically alter the natural drainage system. A ponding area is proposed in the easternmost point of the site (See Figure 1 in the Site Development Plan). Said Plans shall be subject to review and comment of the City Engineer and Browns Creek Watershed District. MNDOT Closure of Phase 1 Area (June 1997 -Aug. 1997)! Closure of this area (shown in Figure 1 of the Proposed Site Development Plan) will be completed under the direction of MNDOT in accordance with a closure plan approved by the MPCA. Work is anticipated to start in the spring of 1997. The construction activities include the excavation of slag, grading of the slope, placement of a synthetic liner or cap, placement of a drainage layer and cover soils, and turf establishment. This work will take place as part of the Trunk Highway 36 realignment. Additional Issues City Frontage Road: As shown in Figures 1 and 2 of the Proposed Site Development Plan, a frontage road will be constructed south of the realigned Highway 36. This road will be located within the NSP property boundary, and is scheduled for construction in 1998. The road construction cannot begin until the Closure of Phase 1 Area has been completed by MNDOT and Cell 1 has been constructed. This frontage road will connect lower Oak Park Heights to the eastern portion of Oak Park Heights and result in traffic no longer going through Lower Oak Park Heights to get from Bayport to Highway 36. Cover Park: NSP has indicated on its landscape plan, screening of the NSP site within Cover Park. However, if the City desires, a portion of this landscaping can be removed to provide a parking lot for Cover Park. NSP has stated a willingness to provide either landscaping or parking. The City Council should address this issue further as a part of this approval. Landscaping:The applicant has submitted a detailed landscape plan, as shown in Exhibit E. The buffer planting provides an acceptable amount of landscape screening to the west, south and northeast. The basic planting design provides a line of evergreens along the buffer planting border, with ornamental and large over story trees on the west and north side of the residence. Although the amount of screening is sufficient, the plant material chosen for the buffer zone lacks variety in regards to the species and growth habit. This Ili buffer area offers a tremendous opportunity to create a naturalized area and provide habitat for wildlife. Under story plant material (shrubs) should be added to the landscape 6 IP plan for this purpose. Sumac, Dogwood, Plum, and Viburnum are a few examples of types of plant material that could be added to the area and would provide food and cover for wildlife. Additionally, concern is raised in regard to screening the NSF site north of the existing residence. There is an evident lack of coniferous plant material in this area, largely due to the inadequate space available, and shaded conditions. An Eiffort needs to be made to increase the screening of the NSP operation from the northward view of the existing residence. Exhibit F shows suggested alterations to the landscape plan for screening. A row of 21 Techney Arborvitae have been added due to space limitation and shade • tolerance. In addition, the Techney Arborvitae are Coniferous and will provide screening • for the lower levels of the residence throughout the year. Final Cover Improvements (Scheduled for 1998): As part of construction activities at the site, NSP has committed to upgrade the final cover system in previously closed phases of the landfill. The purpose of improving the final cover is to reduce infiltration of precipitation into the waste, thus reducing the amount of leachate generated reducing groundwater impacts. Erosion Control:An erosion plan shall be submitted to the City for review and approval by the City Engineer. Fencing: A 6-foot high chain link fence will be installed around the facility for security. Said fencing is to be installed in 1997, as shown in Figure 1 of the Site Development Plan. • Required Approvals:All State of Minnesota MPCA, Washington County, DNR, City and Water Management approvals must be granted prior to the commencement of the project. Street Vacation NSP is also requesting that the City vacate portions of streets located within the proposed rezoning and facility expansion area that will no longer serve residences of Oak Park Heights. The streets which are being requested for vacation are shown in Exhibit G, and defined as follows: 1. A portion of 58th Street west of Peabody Ave. 2. A portion of 59th Street west of Beach Road. 3. A portion of Upper 59th Street west of Beach Road. 4. An alleycontained within Block 9, Oak Park Subdivision. 5. A portion of Peabody Ave. north of 59th Street. 6. Un-named roads on the west edge of the Oak Park Subdivision that are contained 7 T 4101I within the NSP property boundaries. 59th Street: With the exception of#2 above, these streets are located entirely within the NSP site, and will not serve as a connection to any other roadway within the City. Concern is raised regarding the vacation of 59th Street as is may senke as an entrance to Cover Park. As mentioned previously, the City may wish to construct a parking lot along the northern boundary line of Cover Park, therefore, access to thin parking lot would occur off of 59th Street. Therefore, it is recommended that 59th Street be vacated west of Cover Park or west of the Alley for Block 9 Oak Park Subdivision, in order to accommodate future access to the Park. Cul-de-sac Turn Around:As a result of the demolition of the multiple family apartments, 58th Street will become a dead end roadway. Therefore, in order for emergency vehicles and City snow plows to make a turn-around at the end of 58th Street, the applicant must • construct a cul-de-sac at the end of 58th Street. Therefore, the applicant shall submit construction plans to the City for construction of this cul-de-sac. Said plans shall be subject to review and approval of the City Engineer. RECOMMENDATION Conditional Use Permit & Rezoning Based upon the preceding review, our office recommends the City Council approve the proposed rezoning of the subject NSP site from R-2, Low and Medium Density Residential to I, Industrial, approval of the conditional use permit for mining and land reclamation, and modification for the A.S. King Ash Disposal Facility Plan dated November, 1995. Said approval shall be subject to meeting the following conditions: 1. The applicant shall submit a revised landscape plan to include under story plant material (shrubs) throughout the buffer area, and include additional landscaping north of the existing residence per Exhibit F. 2. An erosion control plan shall be submitted for review and approval by the City Engineer. 3. The final grading plan shall be subject to review and approval of the City Engineer. 4. The disconnection and relocation of utilities shall be subject to review and approval of the City Engineer. 5. Equipment will not be permitted to operate between 6:00 p.m. and 7:00 a.m. . Monday Through Friday, nor at any time on Saturday, Sunday or legal holidays. 8 •I 6. Minnesota Pollution Control Agency established noise levels must be maintained at the site boundary. If noise levels exceed MPCA requirements, the City reserves the right to take action to limit activity on the site to maintain acceptable noise levels. 7. Slag haul vehicles cannot release liquids or dust or any other material during transportation. 8. A wheel washer shall be required, and approved by the City Engineer/Washington County Engineer. 9. The applicant shall control dust at the site and in transit. • 10. Hours of hauling shall be between 7:00 a.m. and 6:00 p.m., Monday through Friday only. 11. Fencing must be installed as proposed. 12. All State of Minnesota MPCA, Washington County, DNR, City and Water Management approvals must be granted prior to the commencement of the project. 13. The issue of constructing a parking lot vs. landscaping within Cover Park shall be determined by the City Council. Should the City Council opt for construction of the parking lot, NSP shall construct the lot and a paved path west of the hockey rink to the warming house, subject to design approval by the City Council. 14. Any other conditions by the City or applicable agencies. Street Vacation Our office further recommends approval of the Vacation of the following streets (shown in Exhibit G): ► A portion of 58th Street west of Peabody Ave. • ► A portion of 59th Street west of the alley contained within Block 9, Oak Park Subdivision (all of 59th Street west of Cover Park). ► A portion of Upper 59th Street west of Beach Road. ► An alley contained within Block 9, Oak Park Subdivision. 9 1110 ► A portion of Peabody Ave. north of 59th Street. ► Un-named roads on the west edge of the Oak Park Subdivision that are contained within the NSP property boundaries. Said Street Vacation is subject to the following conditions: 1. No existing utility easements are vacated as a result of the Street Vacations. Said Plans shall be subject to review and approval of the City Engineer. 2. A cul-de-sac turn around shall be constructed at the end of 58th Street. 3. Plans for construction of the cul-de-sac shall be reviewed and approved by the City Engineer. pc: Mike Robertson Mark Vierling Joe Anderlik Scott Thomas, NSP . • 10 S0„...______---....„.:-.......------- 2 0 • ' ' C _ , Q- ca 117.....0, 6 jii f. , . L1.1 Z j$ ,r i 0 s �3 . = 1 �e t .11 d i o j�� i LU p I • -' \, rte(• r%W .,te F • 11 a Q CD .i.',. \ ..1.....tk.. ,';.:-.7-.,, =II.•I L-1.j 'NOW All! ' � / � m A1 -E I LU • ]_!ems__= 7 i I 1 . .u...(_._.,- ........„,...za?....:ti w ' . V�Jr a fv =-_ i j� I� i1 I 1: ei.1;' .TiFil AI I 1 ` � I d I c ..: o 1 ig • u A 1 J • ..` II I E o u• ... �� \ • y O c = `c o `fir'' • o 1 Ir • 0 %.-..... \ ' it_L::_.1.- :...LJ r." ' H"" i.r..^_'0.g_ it‘,,7 i t-77, ',.'' f 1 :- . t• 1. 1 ' N "-- ‘ \ ... i. _.. .. 7 •:, IOW= • , F . • I..I I i '. ' '' • . . .. : "6"M:113 Lr 1 6 '....--------------- 1.61111,6167.•÷1 1 \\\ 6 I ..1.1 • .=.' 1 ' . T MI •. .... •',7; .";;::: :•••H•••••••• •'''''%*•..._ •F34- . • i' '''' l''''''''': -s.'' ,•1 \\'‘ %. -N...• ' \ ,I •••-•,.. .- es i....,.., 1 i -_1.:,' .•' I i.,. 11.11.!t.:12,. ....t.:____! • ••....- • 1,__ j 1 1 LI 1 - - - „ , , t. \ -, g; ••-•1 .....:. I : I:- 117:77;1 17A.,',.';',-.',-,::;•.••--=',' \. \\ \\\s: \\\, 71 ----- -- 1 (_' ' ' ' •,. •' • .---'--".. : ... T7i ' -- no- L7N -I • x .,\I‘d \ „ I RR' ii ..-_- L =1 ,. .:,:i •-- - - : ct-•-• -a' I 1 .1 I ii• .• •. •.. ,. _,..... r... --i--;t h., I . . ......_...... ...... 1 r:**;-::-.•i•.•,•:...! , .i: ii.';•i -•"".2.:7;.!!! N --'r-=-7.-- Ci = 'Et-- ---3-----.. ! , 1 .,,,s,... ....„ : • 7,-,-,z_t_-i -LT: :74, ;,,_,_: -:. —F3 _ _ ' • : •• ,,L-,. -,. . __-,_, , - 11 ill'i":",*•-,'•:':'t 4 '3 • .,,....14::,..,,,.:-.-2_.. .! , .. ,„, --:1, r- •;t7. ,.•• .... .."... .. _,_.,2._„•‘ ,.... s \ , , F.- • ..., ‘, , . . . E : _, • ,,No •• __. .. _.•,_ •.....R.B_ ' ...,_, : ----- 4.7.--.._. • ‘ ....,, • .... .. '- • ----1=,-al-- ---1-!-:-R!2-:-1.' --7-----'-. -, -77; '----- • \\\-:-1\ '......0'.'"--ts''' ••-1Km-:::' -''- „, 7-7-•—,-- -L.- ..::-... \ ---I- ._ PROPOSED REZONING AREA .- - ____=_____ -___--:-----,-,---- •--.-- ..- ,_—_,_--- . -_------ -- -2...... ---0-:' .-,•-_:-.- ...:.-••••••••:::•: ,— v ._,_. ._ ‘ ‘ , 1 ... ,„\:. ' . \-: ._____________:-.-)c ______t-___— --,-••-•-c--- :lit:111.1:a t v -4-Eti: L._ ':- \ ,. . _ ___,--._____z__________-. • --r7---r--.....,:-.:0•;3....* e .472, : : - - • - ..._ -- B2 •-•-..... 4.4--"v;•..• . .—. '..- --. , - ._. ....t,„...• -Of 1 ,.-.-a_.-:§, .-. ., ..:.\..._\ ... -\ ... .4.,,...„ „4-,..„--;-•_ - ,v„,......-_-; , '"..' . - - -'-c • ....m.„..:4.S..:...11Nt -'--'t ,3 Vi. -7 ;. 4.- 3:. - \ 1 " ---•..... .- == '; - • -. 0 '' 2 ---- - . - ...-:-•..e.$....... ,• / -....-1•44-----: . —ne ; . ,.... -,- - . : -1 .- :•*):::4%. • 1 iti.„s....... : • i R.B • \ . • I , - • , •,...,.....x., ...,_ .-;,4-- ". ••.•••.•• e, I_ , __ __,.._ • ''' :RH ILI:Ljr:1 .....,..i. .• . . .• -4.• AO 3--- %;:::::E:i71:11[''';':11 •.1-•r-!,.. •;.:,4,. a ... \ \ \ 7 \ ----' '. e.... ./• 1_‘2., i . =" •— , 116. ... ... V----..-11 7.—H.. ., .% — N. . , ., . , ., I/ :••ik.,'• •-• ...?...1,n L*._!..‘ s\\ .., \\ 24 ••:,:.."--' I J / • 'r •. ' I -II 17,7/•-.P=-.\ ' .--.••7•- .. 7.• \\ -.. N ... , . •..I .:-/..,-. .: --.•• .I--•.-.-. -;,. s \ ‘ \• •• _ ilikk Ai - • • • • • 1 • g :........ ..,.. --,-- ,. • „...„, Fa - . . I LE,--1:-.1. . I •'"t• ':•:',7 .,,::: • — 4. .....g•.... • I Iluillum !.1....-,..1-2..' Er-4'4!.----44:1-•-:•:' ''' •-• • ' s\\'' . • • a N.-- - . 11116.1111%2121=11111 El . :-..... : :- r r• • : __... _ ,,.- , • 44fagglainglailiF . „.--__ , ..1 . 0\ -1 F-1\•,-, - - 1 ,,,,to" • • •:. •;. . . .:.t,• • n __Ff3. ....._ ... - ,7) -- - - ..--- ..- j-------- -- _____ __ ...• . ,. - 1/ \ iiiir •--:_-_, :.---EL_FLI Lr, ,C; .: • —I_ t., . . I: • • ‘-.._., , 1. \ • , • -- qi ! 1 \ , 1 \ . I i:::" --._•-- .. _ i ......,pesporol by: • is;:, l'•-• I \ ... ./ ' North...se Ausseloted Consult.ers, Inc. 1 r-)) if • 11. • ". /'1 ...: OCTOeCA 1944 I . :(-1 , MAY 1184 ROVE...44E2 1983 t.1 1 fill.,) MAY um 4 .7.-": ...: ' 0.c.---\_:(--. li . MARCH 1990 \-- C---fl--.--: • ‘ APRIL ttg t , „e-x r:,:-. ".,. 4 11=,-...-- ------" - E:t:I ..--..•.... . .... ;// ' e 1103 .i ......./1/ S .,..1,../taw....And,. a iss*C.3,•1 '. 1 ' •.,/ // .\. EXHIBIT B - ZONINCA' / .. . / ______--------- : . — z z..., cc, • • ._.! , .• ...i ., 0.-.i.::-.; c. ...,,..t, o• -,- a. ,,,LL• H • , ..., ,.. ..., .w .II, i a., / .•.:.::! ,,i -G. 1'''' al !--. ,.. .!!:,..•• I,I ../ ..1!11.4;ii•I :1; i Z.4' . . •••••1•,•;:i$1..,4 2'-'Z cn 1 L. I • . / ,• lirC .,.,.„„,..,,.• < .7! ../Z.t M : . ,111:14; ....'.., -1;:i1:,:i!';;;;:"-ml• :,:; J a . • / .,,',;;,!,.;;;;;::.1;?11;',,ri• 8 • . ,,;i!...!,q,,,.:•.,,,,r...--; 1 ,- / ....• ,(.i.,; :.Iiiit, - .., ,:..,..,,,1:,..i•:,•,.,;;;•.;i:',4:;:ii,:.i • < z•,, / ...............,:...1.,....1,1:.,...., ,,•,0•,... . •• • • i.•;:.2, v,?......,,,,. 0 cdj . ..,.:,.,,,,...•.....„.,,.1 • . . z•-= 1 ‘ e 4 1 o F. --- ...1 —a/ ,P1 •• ••::!,• ,f•.. ../....v,r; / •. .'1'...;:::.1.•;'" ,e? .:',••4:f-:::•! 1 dy / . -...;.;•:;:';':' ::**:` .!1\2"...": 1 0 U I ...:..,...•:...,:,, ...,,,..:,...,.......,......‘,.:. „z.•,?../...,.,.......7.. ,,, 0 1 „t,c,..,2!-.• . •••.:*•••":.;.'14 ..:,.7.4. X , .• •-- •':'•••••••....d...>',.-./.,•.:.x:.•>.,41,e'...1 _ a.° E 0 w, g •-0 I— , 1 / "." • :. '; ...".* S,,- 's.s• '.......,;*f<"..1";•'.. ..:.Se..*) . ., :'..,:'1.;.:f., 3'...'..\.:-`&,.•;•.•.;•:.:;:•::;;I 0 - a. c MINN , / • *... .":.; ..;.•'•;::::;:;:e... ....k.:::::.:. 0 ‘. 0 0 u a ca u ...... .• .,*'.;:.:::..........:' .•....;"••.,•••,......e,•,<;y•7•,...->:.\•:..:-•,1 / k., . • • ....• .,"..•0., •,..•••••.. -\;,;•••*.s.:•:':::)! E - - . • . 1 ----•• ;•-• ,..% •:.. ..r :%V*"::;•'•^% ;<::•',F.; 0 .. _0 :::.', . / . , ::.:; :.:.......... ,'••`••` . %.•••*i...e.<ye•}N:;5`!s n •• .:',.?......,T,:1::' :.5 •.;."A\k• \'N `.:;""...&•:.:*.';(.`•* %k`;N '. (..) Ct- a.D ••••,::.:h:p•:!!......,•:•• ••„.;',...„,....„?..-Ns.,,-.....-. 4.....,..A.,...c..y.,),,, U.1 / ,:•••,..,1,::.1:;i:).;• ,•':.:•:,••„:......!;•.5...-.1;:•;;;;,7,•...:.;;‹,N:.:::<"::••,?,:-•;;;;!..„—s."5::.;...i" 0 L____ ,.... . .. .,;> .,....4,.....„.:. ....,..z...(, • , .,1f,,".......,....,•1:! .riv;*, •:•:,•.<;: e...;.> ...1...... c .:.N.%'.-.,4,./4 •-.- ...-4-....';',..:1'•,';"' .',;:•:-.-c''.i -:-: ' ",..--^'“vs, 4,.. ,....-,.....f.f-4, 5,6•7 . „ ....................:,(.11,11,•,:.• ....-.....,;........„..sf.,...,:0,-„,„;:•.e.,•,..,,,,,...i.•,.•4.•;,: .. , ' . ••:',. 14. . •1••• .....• ••:.:',...t....-:: -.** .•:•-1,••;.'4':•••••".... S'': '471•:• '' i.,.. / :•:, •,.....•..,•...1:...‘ ....s,-..*.•••.....•..0‹:....:;"tk'.......?Vint."' AV...."." •' iii:•;' $11',..F1;.•:11.. .. A4•'''. ) .....,V;!‘!•.:;••zps •-•,, i.,x' ''•V, • " ' -, ,1 ..,, ;',.:!:'::.:*:" ....'1,:•:".t›,..'• 4'...' ':•••\' 5 ..:_-. f. • :::::1..?....g .y„cf •,..;,, , :• " •4e.',,,Z^.;. ;•\•;S:; •" • _,,,,e'-.,.' ... -.-. \•,.,':;>;.? . .;,:'N :....:.:: .Z'4,k‘.1;;;>'" _..,.,.. 'r±--LI ••••'''' '..f. .‘X'' ',:::•:\‘',::',./.N'•:-;•- •t",;;;::),•,,I.!!ili! •,i; •-"' •e''"•`•\;.•"`"•'•-••••••':'',,•'%N•li. 1 =-----4. 4• :1 ii''''../iIii::14-1 .l'. - •'•:•.•;•;:14•1•Y.'•'.$:•,.;•':::......:‘ :.:....-........:.:,..:.....:.•,.......... =----.? • " :"'; '"1"'•' -1 ''..0.N....4.•••;,.. SA.;•••••••• •::i:,::::.;::::::,•:.':,•,i :,-.=. . •,1,..till..1.,.1 .• 1-:--= w.e,.,1., ,Ns;,,„ ,..„. ....„.:‘,_......„1 ..:, ..,.•t..P.••1 ) ." -- ,.,:.......-7,-;> ..."-X.:`-`,-.).,:.,,...i...t..,xi.... .'-'4••• -'---="---i . ,..• : iii;I:1:):1•44;;;;;;I:., • __..- er,;•",.;•: ,....--;',1.11`.....f......,:fia•:-.1-,1,n,,:•-•::::!4 -.4',.=-• 17- ;!:i::;;IIII;1111ii4g"- ...:.. --_,..-..61;•4•5•• L...," -`-....)k-c'•"\-1., -*.::;::*i:i::::44'izi,:4•4. ca. . s,,,,:•.!..11,,,...:. . • :.,::.:1.::::. - • •-•-.. -x.13.17:..-...\.... ...,..,..,„s...,..:7.„,:.,K.1...: . .....•:•• . .,,,,,,... __.--. 7.-- -. • - ._,....„..,•e-,---- .........:::i.,.4::::gt..A,,,4:gx•-: :„..,„.,,...,... ..4... ''.-::''' ....:.:::::::':. 7.. - . ....-- r";:.'...7..,:t':-.:::?-'1...ini*?...:::'.1'.;i.::::1;:::-?-in".5,':::::.::::::.f:::$:'...::',':-.1 cced.7irit S. 1 0 •••"1 :iv op .,-"...,..:: :?•:.::::::--• . ,. ..:.-... ...;,g4....i.i-444-4•Igi:i4,A.••,..ty.....,,,-;:i-.4•-•:.•,::•-f-7-p.,-- ... .. • „::::::,•,:..... .:',"*._,',.,.- ......11,11.411!ii::Lifi2:.:::•.-'is•-5,7:;.:71::•••-'.40.$.0:0t:40..i.:_fC:1;:41.i..4 • _:___,.---.______- ______ 0.) ...0 . -.... 0 ' • • •. ••••11.... .0, .--..- 7;i:.•"!-,:f...,..:S,' 1-s-S1.,:1•4‘.. , •7. .‘.0 ::D. --=•-•_ _1 I M . _ .. . s• . .- ... __.- ...3 4 0 . C lifft::.:.,.111::it•::*:: :::.::::•••''.:::i::i::4l':4•;!•2:34V7-....., ': ::•$:,c:37;,..";: .x....... ,S, 17-_=._ _ ____ _ et.) . >•.-0 0 0 ..-.... -0 ,_.-----.__.--7:-_-..._-_--.=.--____ C . in 0 •;,-, • .: ..altitir5qPIgN'teik.., :-.%';'i..•;,.s•••••:;....:..1 •-..t1/4. •tt \ , ___ , -1 - CC '0 .-- I .::::i i::':iii0•1*.:.::*:;:q*:':.!::ii.!--,.',1 ". I :f4;:•..S.;::.\•:,:•;lk . cc \V t ---- - -- co -0 ("I ._ .:,:; i*i:....„1,:-.,:iiiiif,E.1,:i:j?.k.;::••? :.i.. ::::-.;.. .77.-... -.:r...•••,..;....1 . ., ....., ___I ....... 1 --- ..— 0 '::::::::;:::::::::;-.,::::.:.:.:::.:1,:...::::i„4,:.,:„. 1.7.27:.::..-... i .-. ............,...., '‘..\\.,..<...,,,..- c:c •\,,, L----_,____ . --,- •;...--...-.4-• -ei.i.•.,..4. 44.4-4,..*;.___;13 .„ _,Ps,;\<'-!••••::..!..., .,*;.•.. \ ._ ____ L_- c -0 .... ...... _ . r. :•wi:ii:ii.,:.::•n:::3..:i:aJigt.,•.:7.- ..:-...:.•:----...7;7-...-1 1 )..:.•k........•e,,..1 \\ss..`s. 0 N'I...17.i7_7=_--..,..•,---- , I 'V 'r^. 9- E 2 2 .2 - ;.,.:i::::i*:•:.,...:.,::,*:....,,,.,::::::!.:::*::::*.x:.,:•:.:•::•:•i.i:::.-. ..". ...;‘,'>....,.-.4... •\‘•::\•. 2 .... '.-,.,-;711=-.....,"‘Z.--.-:-"."-..::- .--_. Ai. C .1- ..i... :• ::ML:::::::t.'3:!:::::::::,!":::: :::::if::::,:%-:::::iE,:':•;,:• ••:. 1 I '.•,..-",....! ...! ." . •N., AL., -"... ..sy VF.-...1•-•'.1-"=---- , . •*:.::::!•i!•iff;.!,:::X4f.i.::':*•,:f:::: ::?::;:%:ff:.•,:•"•,:7:..• f. ...;::,:s...'s.1 . •..'. .." z \\,... -----___2_•-•-•.., co oc0c -0 z,• . 0 70 •••._•.• :-,--=- ... ::•::_-,__,_-_-_-7-.L., o ----;,..,.•:.,....1.7_•.--___••=_-:-- - . --.1. - " " ------=1 .-.7---- e• Cr U : .....1 ....,(7.11---N, —1. , _ ::.:I.; ar :...:.?... 4 I•::,:X,,:.:11'..i.:I I ....; i"...7-.,..7.:.,..-_-_-.7....-rk-.===----=...-3 0 0 0 0 0 •- -;•./- :,-.:;.-'..::::::-`, ...::::.;:.:.r t•....:-1 I lil -.:•:.)•-k....;.7.,:,______=,-__=-__4--.,_ • . ! rii:i :..1:•-,.,;:.::1'.i.,,„4:.1 '...,11 CC i Er„-L.„- -•,-=-_.=•--,-=-:._- • •••••• - • • 0 -• „......,.- -- .,..T.,-.....; ..::.:,11......::::...., .,. 1 -- ______ ___,_ F-___--.r7.70,.•.. 1 z t••:-,,,i,.;,..i i...,..-,..,,I,.,... Lu `, z..7=27:---__-lf---.;-:.-7.__=---,--:.--:-...- . . ........ ••••••t-4. r.,•,.:44...,:, -.4•-- , - -t•i:.,,::i:i:••)•-•-:-. = 711.::::.st.z..:.:i..i1:: :) fil .• '• ••.••;.7.r-Z-..:---..-:.:---- k..... ...:".. ..:::::::::: •::!..4"::: $.: ! ''.•'.'" k•''''•••••;:. ii ...•,::.:.,:. . .. . r =---F= Z c.-•-='--:::;:*.5."".1?" Z i.'"z?"i;;;;"3 E.;: :•''z::.:'.11 ".• _"=:•:..7-- ,-.-=•-,=-----"7"---"_-_—=_:_:: , s . I •-• L :14•.:••, . .0:-:-$.::. ;•••:.:.:.•:...• '...., C. .,,••••••. ,.::::;:f.,) ::.::•:,...;, .. • 1 •--• ‘ •"--..'''f:,.$::1 -.4 0 •!r*••.-t-F.""- :-,-• 0 ....'.. 1...... g=-L---_,-,_._--_,...---::-.----......------—.I L=- .7'::"P'JtW=•-•, t...17,:-------g*-44 tat;.I__ Ct. :.)i.. 4.,'.s.,L7.---.--7--- —; ..-.._.... 1------ ,;..:... I -•--— ..,.:........:.....,.:.::.,....,;:::.,..je„ .i. I Lu 7••.!•11-.0`lit-r,..?„ei i '.'..! ‘..., •::::::::,,:::,.....,:::• ,, „,,.1:4..r...:1.,,..:•, r: cr 7,-,0‘ . , - 1 •:.;t1:-7:4"-;.-:.....1"1;•! -; .: -••• s .... .;'..A.::t.-.;.'g CI i•-::;,;r:`'1:7:7'.?:.•.:1; • -/Is%\j'• ...... " , • i = W7.-_-•- -_lpFtig,-.::1 ILI '‘..,:' •!!;rrP',1••• -- I 1 I k• 1 r 1API (A ;:'7;::?:•.,••Z'F-...? ; ' •• '.. : U) • . • %,.,, .'• • i rr2:- ,,i;t;.:,(iti:.',•:4 a. Ft:-;.!.4:,.'7:;:ii,ti, , :: .:: 04 1-'" . i I -r•ti•-•...r.,-,..,,,. . ' -. ;NI • Lq_-_-,___-.Ti,t.Z.t.,:fia....4;.1: 0 t-'7.-A.-.•,-..• CC f-4i-i•....i.;.7s1.-;;..,Vil I.'';'.':?*.:-..'.'•........\ .•'1 j CL ..I-7.1:4*.F..t•To-1.:c!i", •.... . . si 1 .•r* : .1r 0 iii• v. ,_ k , •,.. .12 i; I i......,,z...:•-.4.,::::...•••t.. ; • ! ; A ":"•:!-7," .: '".:.•• '': itr:./.{ .... .....ikir. '.. ..• '":'.',•F . •(1. ., •ru• .t.i.... ' i 14:::1'..;.."*.•:=•."1...:•:...!.:•._. •,........ --,„..„.i LI i 1 ir7:2-...-....... .-.:.i;•:....:'.:i.ir,- ••.::;,,,.: :: -r 7„, ...... . 1 r...,-.::-.::...ri.,/,i..ttve,1-i ', •:**.•-."'i •----- 11=-7.7,77,..........____,_....,1. r_ v."..0-Ws ° i ....:•. -,:-.-:.-.--L. I i .. 1 E? !I ?.......-.a . ,.•, ,.i1 -• :_i.... .... •••k.,1f1, :.,.•:,i1.,.--.Lr.....i„1,L-,.L,,-1..•_.:_-;_•,,..';. .. A:.-•. ,•, :!4,I ..•.;,.1..1.;.-..I...:'.•t..:_.4),,: , i.l ,. . j • -• • ,._:JI :i . I v....tii . . • • L._. . . . -- i.,,...- f 4.. iit"..7 '. • •. .. . 68 0 . — a.. L.._ - ---------- ___ - • • iik • IMF ._ . ' 1 1> I co I + . , I . I • .co • co I •-••P'4,••';'..1. i...'•7.?'.....r-••.'1.i.:;:•.' •,.1 (7-,•;.;• • ,; 1.,', I 1 •;;7••!",•, '',:..X..,....'2:1:...:•.-., ,....7-...,,,,....,7-'---r. .......-.r7',; .-tit',4!'• : ,..-1••Iiis•i• , I I 1 ,..........„.!: ..- ,...;....,:.;'..'1.1".:2 7 s''.'I,•:•.:?...1;1•:....';;:j'''''''..'",c.:!;•;.;;;::..;'''ll':::::::•.;:':'.-....:::.-14';.'.....1...;.....1:1.:,;.fs'' 1;:;.7.1t.-2,-•:-''..:'1- 1 .. --t .. ••:.• •.:..;, i• ;..:•-• -- ‘.•• ''''• •si H•''. "' • !'•• • : i f ' 1 '••• • 1'1 Ii•••.1 ''':.".•`'.::41.•'4:•••`1!•,;••4',':.,,i..4...•":.:-..::i.:,..f.;•'7..z•...T:'•:-.•',.:.•''• i..,, • • ',. •., •• • ,',..:•zrt. . .1...:,.. ; --.1 -,,;'....(,,;,."--.-.)•;t1.;:•:•::.?,,••••;T i,,"*".. .?"..'..:'..'.';'"..cf".';':";":41.'•'.1•.e. .'• ! 1 4.. s, i•- c• •...: ..1- %.--IP : I ..',•••":..'ic'‘ '••-:...:z-..-- •:...-:•''.',..iti:."..•--...'''+.17.:1'-' , ' '. - ! -•- -'. .',--',. I • I .o....;;;,..4'1"' '":.....,.-.;.s'.,:l.,:,....,..r,::;:'-!;••••'...4.ii.--.1:::. •.'\•'.' i , I. .• •' .-.--- ",i- ,..t.: . ! . ...!., , ., $ ,. ..I I • t., • „...i .i."...,, ---1 tti,./....•-... %,..f,'"::`,•;:i•ti•ifAci.:,4;,41,.!..1Z,:i•?...,..\,,'.!.......'t I') ( i i. ,....•/, \ . -7'.:.'.."•.!!•; .., • • I il,..?'"•.;:',i•st:';V•'•'.;...tr?.4.1/•C*.q.';-''s C.• -‘'••''''i k i : -•r':--''.."•'.. r. 7:*,...."-:. -..::.•:,1,:/,,,,.-,'I •tt?. . . , , • : iA ;::•.'..•.'.0.,;*. . I .k...0. ,m.: ,:y...:§.:•4.:,:..-4,4.•,,4 I. :;••• ,..1 -. • • • `--;,•••7",', :,'......„7' .. 1 • ''''•..i, .;i•• •••••;'•."...;.•.!"•,.:.:."..i,';'.,." t:.: i .t.! •, • ':•,. ,... , ; . .. -'..."'•4- •••.''L';'•'•••'•..,...r.l';•',.. ...ii.l'Aq!'t.:•').44=-NI. k.• • , .I'' •.' •`• ' • Ii . •r.'3'...7.-.7 .•:::'.;!•...''''"''.f.?*.lit....1'.e!?!...-..:H'•••• !'..S.i.'•\ • -' "I-- -' ! •.'-'-'-''V,••41. ' 1 IC') W. .....:77:i 4•,'••'..i!":::.;;;''.,.•;•17,;;05,''...ii^..1;.::,4,3,.:-.:,i ,••• r ...1 :, ' " •.. ,. . .:y..:,:l.. , 1'2,;"':i1:;: :e".::,•:,•,;;,':4..",7'...:,. •,!,...',,,i.Ott,;P?.....07.1.,:!....A,',:?':' . .."•.'1',• ; .„•-••- i 1 ' ' .'L',7)i....'-'•'..::• . ;-.--1.....X...''f7•'..5...'...:t.."*.:''''''. 4.-. : ,•••::',.'s.,•:. .‘"!!''. ......-...-.• 1.'" • .' 1 •'..' - ". 1.t.•'. ' cr) 1 I 1''...:1 •!...11;•,':•••;44;1•4•06-.••;:. .,,-•-•"•',•—••7'.•-•. !:•i.:•.;•-t ' ".1..!.: :Or' .. • ''' 1 % *.'"..". • .• I•-•-....'',. . . ' •L''':172'''11.1-1'''.:.,:i'•.:',--•'''':",”•‘:...Z,.:!::',1:,:!i.:.:,'...s......',:,,,7.0,,,'..,,,;...,,,.. . : ,........43,.._.1... t.<:- . ••...;, ; (, ,.....-, 1..:,....:•,,:-...„.1‘. t:'...,. .,,.7.•"%7.:;•-,;;;•;,:!;••1:::/•.;;;.? ,!.;•.7.:•$ii....i'. , ',.7'.:•:!1`.-• .: ,:=4- 4 ..,,,i•1„•••••.....1',..::: • •;-::••..., -4,.:..,•:,,,........1k- ..-. ity••...f::: .;:.•;.•••;•. .)•:.. • ' -.! f:ii.v.:',..•.--0•A .• • • — .....,.,, , ::......•..r., ;•:•••1:10..-. 01 ••10•4,,- ,..,•••. 4,...,,.., .•-•1 •• ,••••.... . .• 1 • 1 . :-.••:;...i.,•0,..• ! .., • .•••••: :-....s.,. •••.•9: ••••,-,..A.. .•.• : • . " • ...:.•-:::••,:•, ; i•.•• ." . • i I. - .:•47:!?,i, ;;;;.•••••':: .;%;;:l•;••• •:;;'S,' ;;;* •;/• •. .; .‘• * .•'. Nt : ' '..'.: . :777,;::!:r'.4..e. X,:.•'1 ;:. : ...• ' :!:.:.•. • '''t'____i.-'i 7.:••• • i • .'•.• Iit!:iii•iI1 1•—•Lt TI.1•;;!Ii_IIIIlfI IilI IriII..!;!1• i 14 4E;,. . .-.. 11;.;!,•ss„.'•N•'t.\..i.:•';.1•'z;.:A-7'4:';;-.;•?..;1;'..••,-',;,.• •.1••1,•:;;"\,▪ ,..;;;$.!:._;•-,.,;•..,,$,;....•;,„,-..:.'"-.-.,-'..;:•.•,••.:-•-.';;.t:.•..;7:•••..7..•-7•'..7.%'...::•-7:.;r..:?-.:.-:.:.:-.:-:.:7.:-'..;7-::`-,r.:;.,)•r1..••-.,:....-;,,..-,c:-_:s-:•-v,-•,,.\:"\:g.*•.•o•':-ir..•.,4.:,,";.-,..-•.;. .. +:;..:.:s;0)-;-,%V...-•.:";."2,••.'"•.t7.t...t,,P.,!0":•!i,•.••,..\;4W,'•.',•;"L•,,r:4•,•.,,,4•;.Q, i4.z•'•i..27!:.-,.:,..-••„.•.-<-'...•-•,:.,•4.;!!1;.;,:'....'•:.,::(,•/•...:u".:::,..•";-.,••:-.••(..,,:.-...•..•.••.s.•:-••,-•,:,5..,;.,:,''.k••.."-4•.•'.4.I;1.:..,,:L1-•,s-•.'.l..:'-7::•.;i3c*•:•.,'•N••1•••:-.':•.•••;'•,•••"•••'.!••.,;:•.,•"•:! I ‘ : _b,fI I I :.-.!I..•-!j-.i%•.•i'-•-l.-A-! •'...i•:1•..;'•-iD.•.•',:.,.•1.•..•'r- •g•..•4•,•.4.;i;'"i•''.•- •';• .'.•-..••,• '7•- -:''.••••••• •.'• • r• ..L . 4t..n.- r : : , : . r & • 4n . • / ' - e . .— ii I i! ! I IIII • ,. ...•'2- "'-1,01 1 h tOr41 7 ••• .. __ ......,. , , q 4--:,'.1. .... . ..•• . V-..,•. ! -. IA..2,p 4.i..a a . ,I 1 i 9 kk,, • ...:eps,...„..:.t...,;..ve. _ ...a .,i,,,i, . .,7:- ;• ••• ....;.....; .•'-.'...".!, IV .9.11417 •••77•''',.1.'•,"',';'%,!''''.•,.... „ • ' I . - ... '14 • '_.2...q,).-.„...-..,... - j.%',11....,..',.•- .0 V , L i i Q.. --r0f,-1... -.,...- -"it'. •-•."-.*:. ... , f li ff I c . • ; . .;.-,--: •• --- • - ,...11..10`.: • • r • • r• • IIt I f? ii •i'• --1 4 1 . •I _ .._ . • i 2§ 1 •- i r - II t 1 . . .. i'.. : • M d I f! X 5 ; . . • .• X 11 .x g ' iit : • :. C13 .V tgxi g E pl A i — 0,1.1 8 t -I ;-.9 s2 ti 11 1 frf i I -. .._ ,.....,, 0 . ti ,,6 ...., a , .........,(:„.. ,..—, • I 75 . "4- ; l T1 i 7,1 EA a . I 4 4 4 8 1 I b1 96 r'2 x • Cl) EiTf F ;1 `z.1 L L L .. : .•-• • • M A " :-.,• • 'CI • . Ir Z I CO + Cl I 0 I> • — -- - 0 . • . . • . . . .. I ) .4•4,•^r '.`.4 :: t..............4.4.4..........,........4.4 • . • .". ...... .4. I i •i , 4..-S ''.14\ -• 1 • \' ii•; k . -.i .i 4i .' ., . • . i • iF f! t......40 . . • A1176.1 Ili. ..- . .....2,-- -... 1''' u--1- . gk 0,..._,.._..._....! i viliiikelfiu_ : . . . , : ii AL i .11 :ymi .1) Otany - ;are ed 01.11 q ill ; I q;EF 4 ow ii • . ti • tie:i' 00,i4,11-4' -ft II • -150 4' .:: Ok.V4W11.rii'‘.4110. '04:, -f • .\ ! Er a°4-"‘P'.• 9. ...__PAlit•d"._ : : • A . ,y3t.6- i;-7)„.1,048, : Dik ti ISI es a i .-.13 , , , / .•,..,.,, . a i ma 1 ti . pi i i Iv IZ agil I ,,, ti F.--w ..4...0 gi I' 1 ' alov - . . 1. . .1. • .. .ic • • i ,-...4..,..,_, , :„ k„.... i irisi",„„i ill 't r v I . ... • i / \ Iiipooa tiii , • ,s;_) • —9— 110 4:1) 1 1; Ir* 44"0% .--:-I il- i • Ilarieirs. . I ; iii±ir__.___.__-:--.--• ---"'"--"'to 486;-, : ..i n E 1 , - 1 4....?0 ; .1 • . . „ . • ., ..„:,,, . { E '0.11.: • ,-... . J.._ . --5:(-)- 411 -jib . ?„.,.....,„,,,. . • . ..% ...Jo , ,• .. • . . AIM ahl ; C. i ftr' 4 ••••••• 'IV n, ilTh 1.• .. '''''. H.2 .. • 1 : ;If 1 .1 i 1;li ip 1 O I I I( i • 7. • I 114 1 1. '0 111 1110 11 ' i 1; ' Ii I fi i I . ! . ' ' n I i Ip '11111 X i 1 i 1 i 11 i 0. i ;1'illi I ri 4 'i 1. t . I ,I. 1 ! i•I I' i a . • A ni . . -4 1 '11 .., ,1! 1411 11 til 1; 1 I i ii '"' 7 3;1. •!. r t _ liill i.r; Fr rul l• 9 ' rrt4 i . I g 1 > 6 tt tut n 11 11 Ily Z I Ili 1 I 1II 11 i 1 " 1 o --------- u) . . Iii I ill ff ii f fil 0 • > . 13 . ...,-- M NSP Comm/Dents A.S.KIND ASH DISPOSAL fACTUII DIA, TY 4.- . af.kt F.f*:.. .1474: 4............. ..0 OAK PARK HEIGHTS.MINNESOTA r: :=-.Z."". r LANDSCAPE PLAN 44444.401.L.:.-.. 1...._gli-Al, 7 "--" =-= 1 > 1 z Suggested Alterrions to • 14A _ • Landscape Plan for Screening 3�� P 9 1:40' . . , , Z ACv!% n(P �Ut i�2--)., il 7 o�G6.r_./.t.15.6-7. ) ��''f �r- 15 �� „) . •• /_ _ __ ___/_ _ , x--t- , . b .:, to ' ' s -.. • .`40,0-4 - kky-:\ \.____ _L _ ___ _ _ _4'-eolr, - c 4 • • 1_,,P3' J,A,.. ---Ile' I(:.%\ IE 7 . .., • 7 OH 1_1 ' . ( Int ki %"1`�`"'� 1 Po i ,,:i<71.-R\ F4ipEme_f__ i . I :_ • I • \----) .ar.,--- r-,- --Re,t4,-9i Ia•tiv•Bb _AWrno )N� , I o.1 •s& • I, id e tor- r 5-r\i - t ._ . 2,1) 6'T NE/ I - )r o , 2 /," Al.. F n1J -1 : 11 V//,, At., r1Ne:AY-- q-- NogettAl rit\i . EXHIBIT F -`� • v `,- ; ) tj j, t { ) 2N• l --. M'3H 1 • v..�,y.14 __ i i // t I • In= la. \\\\\\ /... ::: Q..• i i j : I '. .:•:?::::.b.0 I. .1 IIIIIIIIR lea \-`? ; / Illp i : .....- arpi ei.limits II\ I . N y , �` / • 1 ■tea r ' _I j_ .R 13.2 _ . , : i.,.. 3 , 3 ., . . Y I :•:••••: :••••••- ,, -,-- .4...-1,1,-1.1....1•4,1.4"..................v..... . _ {! •t `t `i \-': " •t t 1 •� 1 a ' a . __.. .. / iii -_'r' 477 K, .- � T' { • 1 LL _ • • STREETS TO BE VACATED _:y :.. . .1 i * ..:.. • . / . • -.,::�... , - - c PORTION OF 59TH..L,,s:-_ _)>: � Li � ,) ~' •v •�� :• BEET TO RAE—MAIINN�' \ :\ \ fir_: , .c 2 r '••t •�� y;rr tL .a ,: r t ,'"� _:= - I a r • I -, i n • 1 , • -. '°• _.'v -.mss: ,1 �; I "yi•---.---4,,,1 t :!,, ,o • .+' • tl ' STREETS TO BE VACATED °� `•;- '�� - r` 5 � ' Z !! n 1 ‘' yy ��,�`� el.' I l^)Tr I N1c 1;674--it-f-- 11 " _ ''�' f !11' I. I' . COVER PARK ••••°- _•• T -� = T' ' • - h : ' , ' 41o_-i -s-.E >. / -t � _SE.EN7 r 1 TURN AROUND CUL-DE-SAC—3- o - 2 1 1 I 1%111 113 2: m {'I ta. Di ♦ t J t = t.l I.- • 'I 12 •57 'Tr( I fi� _sr � ) - _ j f 1.r77_,.-1;•;"r• f1io i' i = Y. .,\,.......5...... ` i ::' sN _ . • _: j - •{.o .z I 2' 56TH "$T L� 11 al •h s I . r • VALLEY VIEW •tss �j = %'.%. . j l 1 _ :� -=1)tic'. aI • Q - PARK • 1 I.• 2. - a t „...j.•••"'. f._ 4VE N ® 1 O • ' i /� . • • , , 4 I t u . - /........_„„) ...c....•-•.,.,••8'•.--,i I • `�\\ EXHIBITG - STREET VACATION _ • II EXHIBIT D 411 NOTICE OF PUBLIC HEARING FOR THE VACATION OF A PORTIONS OF CERTAIN STREETS LOCATED IN OAK PARK HEIGHTS CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Co4ncil for the City of Oak Park Heights, Washington County, Minnesota shall hold a public hearing at the direction of the City Council to vacate portions of certain streets located within the City ofiOak Park Heights as described below. The public hearing shall be held before the City Council on Tuesday, November 26, 1996 at 7:30 o'clock p.m. at the City Hall, • 14168 57th Street North, Oak Park Heights, Minnesota 55082 . The real property affected by said application is legally described as follows : to-wit : All that part of 59th Street North as located in the plat of Oak Park and which lies west of a line whose beginning point commences at the southeast corner of Lot 16, Block 9 and extends southerly to its conhection to the northeast corner of Lot 9, Block 8 and there terminates. and All that portion of 58th Street North as it exists within the plat of Oak Park, which portion lies west of a line which commences at the southwest corner Of Lot 16, Block 8 and thereafter extends southerly along said west line of said Lot 16, Block 8 to its connection to the north line of Lot 9, Block 7, Oak Park and there terminates . 'I. and All that portion of 5th Street as located within the plat of Oak Park lying southerly of the right-of-way of 58th Street North. and All that portion of 4th Street as located within the plat of Oak Park lying southerly of the right-of-way of 58th Street North. Copiesapplicationsupporting of the and su ortin documentation may be reviewed at the City Hall during regular business hours. All written and oral comments will be considered. 411 411 Dated this 4th day of November , 1996 . BY ORDER OF THE CITY COUNCIL /s! Michael J. Robertson Michael J. Robertson City Administrator S ' • • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type: Mandamus and Injunction Court File No.: Charles R. Dougherty and Judith A. Dougherty, husband and wife, Petitioners, vs. SUMMONS Northern States Power Company, a public utility and public service corporation under the laws of Minnesota; the Minnesota Pollution Control Agency, a political subdivision of the State of Minnesota; and the City of Oak Park Heights, a statutory City and political subdivision of the State of Minnesota, Respondents. TO THE ABOVE-NAMED RESPONDENTS: YOU ARE SUMMONED and required to serve upon Petitioners' attorney an Answer to the Complaint which is served upon you, within twenty (20) days after service of this Summons upon you from the date of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the Complaint. This action involves and calls into question real estate situated in the County of Washington, State of Minnesota, described as follows: Lots 11, 12, 13, 14, 15, and 16, Block 8, Oak Park Addition, according to the plat thereof now on file and of record in the office of the County Recorder, Washington County, Minnesota. . • and The NSP Allen S. King Ash Landfill, Section 3, Township 29, Range 20 West on Beach Road, Oak Park Heights, Washington County, Minnesota. The object of this action is to obtain a Writ of Mandamus compelling Northern States Power to initiate Eminent Domain proceedings or, in the alternative,that an Injunction issue rescinding government action and preventing the issuance of government permits needed by Northern States Power Company for the expansion of the Allen S. King Ash Landfill. Dated: November 7, 1996 MAGNUSON LAW FIRM A!‘41-4. David T. Magnuson •66400, Attorney for Petition;rs 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439-9464 1 ; • • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Case Type: Mandamus and Injunction Court File No.: Charles R. Dougherty and Judith A. Dougherty, husband and wife, Petitioners, vs. PETITION FOR WRIT OF MANDAMUS AND COMPLAINT FOR ALTERNATIVE RELIEF Northern States Power Company, a public utility and public service corporation under the laws of Minnesota; the Minnesota Pollution Control Agency, a political subdivision of the State of Minnesota; and the City of Oak Park Heights, a statutory City and political subdivision of the State of Minnesota, Respondents. TO THE HONORABLE DISTRICT COURT FOR WASHINGTON COUNTY: - Your Petitioners, Charles R. Dougherty and Judith A. Dougherty, respectfully represent: THE PARTIES 1. Charles R. Dougherty and Judith A. Dougherty are individuals who reside in the County of Washington, State of Minnesota, who own the property that is the subject matter of this litigation. The address of the property is 15330- 58th Street North, Oak Park Heights, Minnesota and the property is legally described as Lots 11, 12, 13, 14, 15 and 16, Block 8, Oak Park Addition, according to the plat thereof now on file and of record in the office of the County Recorder, Washington County, Minnesota (the Property). 1 •: • • 2. That early in the year of 1993, after reviewing the zoning ordinance of the City of Oak Park Heights and the zoning classification in effect for the property and the surrounding and neighboring property, the Petitioners purchased the property and invested substantial sums of money in the property to convert the property into a bed and breakfast facility. This was done after meeting all licensing requirements of any regulatory agency with jurisdiction over the bed and breakfast use. The completed renovation now has four(4)bed and breakfast suites and an innkeeper's apartment. When the investment in the property was made by the Doughertys the property was surrounded by residential uses on the north, west and south and by a City park on the east. These residential structures and the R-2 residential zoning classification provided buffering between the Petitioners' property and the activities of Defendant Northern States Power Company and the Allen S. King Ash Landfill that they operated nearby. 3. Northern States Power Company (NSP) is a public utility authorized and regulated to do business in Minnesota by Minnesota Statutes §216B through §216B67; a public service corporation as defined and permitted by Minnesota Statutes §300.03. 4. NSP, with principal offices in Minnesota at 414 Nicollet Mall, Minneapolis, Minnesota 55401, operates the Allen S. King Ash Landfill in Section 3, Township 29 North, Range 20 West, in the City of Oak Park Heights (the Facility). The Facility was originally established pursuant to a-permit issued by the Minnesota Pollution Control Agency (MPCA) on October 8, 1971, as a solid waste facility allowing for the disposal of 1,500,000 cubic yards of slag in an abandoned gravel pit on the site. The permit was modified on March 27, 1979, for the continued disposal of slag and the addition of fly ash and further amended on August 6, 1985, for the continued disposal of slag and ash and the overall design capacity was increased to a design capacity of 2,100,000 cubic yards. The Facility is an Industrial Solid Waste Land Disposal Facility that must be designed and regulated in accordance with parts 7035.1590 to 7035.2500 of the Minnesota Rules administered by the Pollution Control Agency. 2 • • 5. The Minnesota Pollution Control Agency (MPCA) is a political subdivision of the State of Minnesota created, authorized and existing pursuant to Minnesota Statutes §116.01 et. seq. The MPCA is responsible for insuring that the ash pit, as a solid waste land disposal facility, complies with the Statutes and Rules of Minnesota with regard to design and operation and to insure that the facility will not violate the standards set forth in Chapter 7035 of the MPCA Rules dealing with solid waste facility design management and practice and any other MPCA rules, including rules protecting the ground water, air quality and adjacent properties against noise pollution. 6. The City of Oak Park Heights is a statutory City organized and existing under Chapter 412 of the Minnesota Statutes. The City has adopted and has had approved by the Metropolitan Council a Comprehensive Plan and has adopted a Zoning Ordinance as authorized by the provisions of Minnesota Statutes Chapter 412 and Minnesota Statutes Chapter 462. 7. That the City of Oak Park Heights controls the zoning classification of the Facility and the Petitioners' property and, also, has granted to NSP a Conditional Use Permit to allow mining and land reclamation at the Facility. THE PROJECT 8. The Minnesota Department of Transportation has proposed with regard to the-Trunk Highway 36 improvements, to cross the northeast corner of the Facility. This construction requires that 30 feet of ash must be excavated from the proposed off ramp area and NSP has agreed with MN Dot that NSP will remove a portion of ash in the permitted landfill as long as NSP can expand the permitted area to gain back the volume lost. NSP, therefore, sought a modification and reissuance of the Facility's existing solid waste land disposal facility permit from the MPCA and on information and belief, the MPCA is prepared to issue the permit, even though it is violative of Minnesota Rules as set forth in Paragraphs 17 to 21. 3 • 9. As part of their expansion plans, NSP purchased a total of 6 buildings that are immediately to the north and west of the Doughertys. NSP, through negotiations and on information and belief, upon threat of condemnation in order to facilitate the expansion of their pit, have purchased or agreed to purchase the following Residential property: Property 1 - 15329 - 59th Street North, Owner: Keller, Legal Description: Lots 9 and 10, Block 8, Oak Park and all that part of 4th Street now vacated lying West of Lots 9 and 10. Property 2 - 15313 through 15327 - 58th Street North, Owner: Trego Limited Partnership, Legal Description: Lots 5, 6, 7, 8, 9, 10, 11 and 12, Block 11, Oak Park. Property 3 - 15314 through 15328 - 58th Street North, Owner: MKL General Partnership, Legal Description: Lots 1, 2, 3, 4, 13, 14, 15, and 16, Block 11, Oak Park. Property 4 - 14325 - 58th Street North, Owner: Noyes, Legal Description: Lots 5, 6, 7 and 8, Block 12, Oak Park. 10. That even though the property immediately adjacent to the Doughertys has been purchased by North States Power, NSP has consistently refused to negotiate with the Doughertys and even though requested to do so, have failed to initiate Eminent Domain proceedings against the Dougherty property. 11. In furtherance of their expansion plans, NSP requested the City of Oak Park Heights to rezone the R-2 property acquired by NSP, and in addition, to rezone additional adjacent property, owned by NSP from Residential to Industrial. 12. That on the 22nd of October, 1996, the City of Oak Park Heights held a public hearing on the proposal of NSP to rezone the land purchased by NSP as set forth in Paragraph 9, and additional land, from Residential to Industrial for the purpose of expanding the Facility. The City Council approved the rezoning. In addition, and as part of the NSP proposal, the City was requested to and is considering 4 • • the vacation of the following streets: 1) a portion of 58th Street west of Peabody Avenue; 2) a portion of 59th Street west of the alley contained within Block 9, Oak Park Subdivision and all of 59th Street west of Cover Park; 3) a portion of upper 59th Street west of Beach Road; 4) an alley contained within Block 9, Oak Park Subdivision. 13. NSP property that has been rezoned from Residential to Industrial formerly provided a buffer between Industrial activity of the NSP Facility and the Dougherty property. 14. That the streets proposed to be vacated for the convenience of NSP and not for the benefit of the Public. 15. That the construction and building demolition immediately adjacent to, in and around the Petitioners' property that will be done on the NSP Facility threatens to pollute, impair and destruct the natural resources of the State of Minnesota and the peace and repose of the Petitioners. A description of the activity is as follows: a. Slag Removal. Slag removal will begin in November of 1996, when up to 15 feet of the existing landfill will be excavated. Heavy construction equipment will be operated from 7:00 a.m. to 6:00 p.m. Monday through Friday. No tests where submitted by NSP to the MPCA or the City of Oak Park Heights to show the levels of noise generated from the heavy construction equipment that will be received at the Petitioners' residential property, will be within MPCA noise level standards. b. Building Demolition. There are 4 quad style apartments and 2 single family homes recently purchased by NSP as described in Paragraph 9 herein that are immediately adjacent to the Petitioners'property that are to be demolished by NSP during December 1996 to January 1997. No noise studies or evaluations were made by NSP nor was any noise information submitted by NSP to either the Minnesota Pollution Control Agency or the City of Oak Park Heights as a result of their permit modification requests, rezoning request, work conditional use permits, modification requests, which establish that the work will be within levels permitted by MPCA Rules. 5 S f. Final Cover Improvements. It is expected that final cover improvements and the construction activity associated therewith will commence in the year 1998. This activity will involve bulldozers and graders and no evidence was presented by MPCA and Oak Park Heights that the resultant noise would be permitted by MPCA Rules. COUNT I. LOCATION STANDARD 16. That NSP's Allen S.King Slag and Ash Land Disposal Facility is,according to Minnesota Rules 7035.1590, to be designed, constructed and operated in accordance with part 7035.1590 to 7035.2500 of Minnesota Rules. 17. That part 7035.1600 of Minnesota Rules provides that fill and trench areas for Industrial Solid Waste Land Facilities are prohibited in certain areas. 18. Subdivision E of that rule provides that Industrial Solid Waste Facilities are prohibited within 1,000 feet of the nearest edge of the right-of-way of any State, Federal or Interstate Highway or the boundary of a public park or of an occupied dwelling. 19. That the boundary of Cover Park and the boundaries of the Petitioners'property are upon information and belief located within 100 feet of the facility. 20. That the approval of the amended permit by the MPCA will violate Rule 7035.1600 and threatens immediate and irreparable harm to the Petitioners and to their interest in the use and enjoyment of their property; and the use and enjoyment of the users of the adjacent public park that is a recreational resource, a resource protected by the Minnesota Environmental Rights Act. COUNT II. NOISE STANDARDS 21. That the property of the Petitioners is located in Noise Area Classification 1 according to the noise standards set forth in Minnesota Rules parts 7030-0040 and upon information and belief, the 7 • • heavy equipment that will be operated adjacent to the Petitioners' property as set forth in Paragraph 16 subdivisions (a) through (f) will immediately violate the noise standards limitation established in parts 7030-0040. 22. That when establishing the zoning classification of Industrial immediately adjacent to the Petitioners' Residential property, the City of Oak Park Heights had a duty, pursuant to 7030.003 in the Minnesota Rules, to prevent the establishment of land use activities where the standards established in part 7030-0040 will be immediately violated upon the establishment of the land use. 23. That the City of Oak Park Heights failed to take all reasonable measures within its jurisdiction to prevent the establishment of an Industrial use classification for NSP that would immediately violate the noise standards as to the property of the Petitioners, and thereby violated Minnesota Rules part 7030.0030. COUNT III. REZONING 24. That section 401-168A, Subdivision 5 or the Oak Park Heights Zoning Ordinance directs that both the character of the surrounding area and a determination of whether the use will tend to or actually depreciate the area in which it is proposed should be considered as criteria when considering a rezoning request. 25. That on October 22, 1996, the City of Oak Park Heights failed to follow its own ordinances in rezoning the former buffer area and was arbitrary, capricious and unreasonable in making a determination that a rezoning would not depreciate the area in which it is proposed. This action threatens immediate and irreparable harm to the Petitioners' interest in the use and enjoyment of their property and the use and enjoyment of a City recreational area and resource known as Cover Park. 26. The State of Minnesota, Office of Environmental Assistance in a review of NSP's expansion permit for the Facility, in Findings adopted May 28, 1996, found, in Finding 13 that "the 8 • • COUNT VII. VIOLATION OF MINNESOTA ENVIRONMENTAL RIGHTS ACT 38. That the park known as Cover Park is a recreational resource and, therefore, a natural resource within the meaning of Minnesota Statutes §116B.02, Subdivision 4. 39. That the public park known as Cover Park will be impaired or destroyed by the expansion of the NSP slag pit and the construction, expansion and operation of the pit within the distance that is prohibited by part 7035.1600, Subdivision E of the Minnesota Rules and the noise pollution standards set forth in part 7030.0040. 40. That the Petitioners have no adequate plain and speedy remedy at law. COUNT VI. ATTORNEYS' FEES 41. That the Petitioners have incurred substantial attorneys' fees in the prosecution of this action and are entitled to their attorneys' fees from the Defendant NSP pursuant to Minnesota Statutes §117.045. WHEREFORE, the Petitioners pray for the following relief: a. A Declaration that when NSP failed to negotiate with the Petitioners and failed to include the Petitioners in an action for Eminent Domain, they acted in bad faith. b. A Declaration that when the City of Oak Park Heights granted a rezoning request, street vacation request and an amended Conditional Use Permit to NSP, when they were obligated to prevent the establishment of an Industrial zone adjacent to Petitioners' Residential use, the City violated Minnesota Rules part 7035.1600, Subdivision E. c. A Declaration that the Defendants, NSP and the City of Oak Park Heights have acted in a manner that is arbitrary, capricious and discriminatory to the Petitioners when they granted to NSP a 11 • r permit for the expansion of the slag and ash pit, and a rezoning of adjacent property from Residential to Industrial and when they allowed for the demolition of a Residential Buffer Zone. d. Your Petitioners, who have made no other application therefor, pray that a Writ of Mandamus issue, commanding NSP to initiate Eminent Domain proceedings for the acquisition of the Petitioners' property pursuant to the terms of Chapter 117 et seq. of the Minnesota Statutes and for an Order that the Petitioners recover from the Defendant NSP, their costs, including reasonable attorneys' fees incurred in connection with this action and as provided for in Minnesota Statutes §117.042 or to show cause before this Court at a time and place why it has not done so. e. In the alternative, if the Court does not issue a Writ of Mandamus as prayed for in the last paragraph, for an Order declaring the action of the City of Oak Park Heights to grant rezoning and a conditional use permit to NSP to be rescinded and void by operation of law, and for a further order prohibiting the MPCA from issuing an amended permit for expansion of the Facility. f. For such other and further relief as to the Court deems j Dated: November 7, 1996 Charles R. ,,Dougherty, 'et' loner udith A. Dough rtP-ttioner 12 0 • VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) Charles R. Dougherty and Judith A. Dougherty of said County and State, being first duly sworn upon oath, deposes and says that they are the Petitioners named in the foregoing, within-entitled proceeding; that they have read the attached petition and that the same is true of their own knowledge, except those statements based on information and belief, which statements they believe t• be true Zir - Air Charles R. Dougherty Pet'. r kii? dith A. Dougherty, Pet' Toner 1 Subscribed and sworn to before me this —2 4 day of , 1996. Ni)J/L-4-t--(4-732-v—g7 Notary Public Dated: November 7, 1996 MAGNUSON LAW FIRM ..///gibdkiriLOO IAA.. a IllwAWAAAAAWAAAAAAAAAAMAWAs DAVID TERRY MAGNUSON Dated T. Magnuson (;`#664 I) el i INOTARYPU8LMNNESOTAI Attorney for Petitioners WASHINGTON COUNTY My Comm. pJan.31 z000 333 North Main Street Ir - Suite 202 P.O. Box 438 Stillwater, MN 155082 6121439-9464 ACKNOWLEDGEMENT • Petitioners,by their undersigned counsel, acknowledge that costs, disbursements, and reasonable attorneyand witness fees maybe awarded pursuant to Minn. Stat. Sec. 549.21, subd. 2, to the party against whom the allegations in this pleading are asserted if it found that a party has acted in bad faith or included a claim that is frivolous and costly to the other party. Dated: 7 1 # 1 qqc! '''''' r"----) David T. gnuson 13 • STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Charles R.Dougherty and Judith A. Dougherty,husband and wife, Petitioners, ALTERNATIVE WRIT OF MANDAMUS AND vs. ORDER ALLOWING MANDAMUS Northern States Power Company,a public utility and public service corporation under the laws of Minnesota; the Minnesota Pollution C1-96-5654 Control Agency,a political subdivision of the Court File No. State of Minnesota; and the City of Oak Park Heights,a statutory City and Political subdivision of the State of Minnesota, Respondents. To: Respondent Northern States Power Company FINDINGS OF FACT 1. Petitioners are individuals who reside in Washington County, State of Minnesota,who own the property that is the subject of this litigation. The property is located at 15330 - 58th Street North,Oak Park Heights,Minnesota. 2. Respondent Northern States Power Company[NSP] is a public utility authorized and regulated to do business in Minnesota with its principal offices at 414 Nicollet Mall,Minneapolis, Minnesota. 3. Petitioner has filed a Petition for a Writ of Mandamus with the Court,which by its nature is ex parte, alleging the following: that Respondent NSP operates the Allen S. King Ash Landfill;that in connection with proposed Highway 36 construction,NSP has sought modification and reissuance of the facility's permit; that the Minnesota Pollution Control Agency [MPCA] is prepared to issue the permit in violation of Minnesota law;that NSP has purchased and rezoned property adjacent to Petitioners', but has refused to negotiate or initiate eminent domain proceedings concerning Petitioners' property;that the rezoning, construction, and demolition on the property and vacation of some streets will cause irreparable harm to Petitioners. 4. Petitioners request the Court to order by mandamus that NSP initiate eminent domain proceedings with respect to their property. • . 5. For purposes of this Order,the Court must take the ex parte allegations of the Petition to be true, and there appears to be no plain,speedy, and adequate remedy at law for Petitioners. ORDER 1. Since Petitioner has made the necessary ex parte showing, mandamus is allowed. 2. Northern States Power Company is ordered immediately after the receipt of this writ to initiate eminent domain proceedings for the acquisition of Petitioners'property pursuant to Minnesota Statute section 117 et. seq.,and shall by the hearing noted below certify to the Court that it has commenced the eminent domain proceedings. 3. In the alternative, if Northern States Power Company believes it can not or should not be required to comply with the mandate of this Alternative Writ, it shall appear and show cause before this Court at the Washington County Courthouse, Stillwater, Minnesota,on November 25, 1996 at 9:00 AM as to why it can not or should not be required to perform the required act. 4. On the return date,pursuant to Minnesota Statutes Section 586.06, Respondent may elect to show cause by Answer in the same manner as an Answer to a Complaint in a civil action. 5. Pursuant to Minnesota Statutes Section 586.05,the Court determines the method of service.Petitioner shall effect personal service on the Respondent and shal file proof with the Court Administrator. i E COURT' di I 41 Dated: November 8, 1996 — •nald J. Venne Judge of District Co MEMORANDUM The Court is mindful of the potential political sensitivity of this matter. However,Petitioners have made a showing that mandamus is appropriate under the law, at least in the form of an alternative writ. The alternative writ allows NSP to respond and to show why it should not be required to act as directed. As is always true in mandamus proceedings,the Court has not had the advantage of full briefing of the issues presented. By the nature of an ex parte mandamus petition,NSP has not yet had the opportunity to respond to Petitioners' claims. It should have such opportunity, and an alternative writ allows such response. DJV • l ; STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT Charles R. Dougherty and Judith A. Dougherty,husband and wife, Petitioners, ALTERNATIVE WRIT OF MANDAMUS AND vs. ORDER ALLOWING MANDAMUS Northern States Power Company,a public utility and public service corporation under the laws of Minnesota; the Minnesota Pollution C1-96-5654 Court File No. Control Agency,a political subdivision of the State of Minnesota; and the City of Oak Park Heights,a statutory City and Political subdivision of the State of Minnesota, Respondents. To: Respondent Northern States Power Company FINDINGS OF FACT 1. Petitioners are individuals who reside in Washington County, State of Minnesota,who own the property that is the subject of this litigation. The property is located at 15330-58th Street North,Oak Park Heights, Minnesota. 2. Respondent Northern States Power Company [NSP] is a public utility authorized and regulated to do business in Minnesota with its principal offices at 414 Nicollet Mall,Minneapolis,Minnesota. 3. Petitioner has filed a Petition for a Writ of Mandamus with the Court, which by its nature is ex parte, alleging the following: that Respondent NSP operates the Allen S. King Ash Landfill;that in connection with proposed Highway 36 construction,NSP has sought modification and reissuance of the facility's permit; that the Minnesota Pollution Control Agency [MPCA] is prepared to issue the permit in violation of Minnesota law;that NSP has purchased and rezoned property adjacent to Petitioners',but has refused to negotiate or initiate eminent domain proceedings concerning Petitioners'property;that the rezoning, construction, and demolition on the property and vacation of some streets will cause irreparable harm to Petitioners. 4. Petitioners request the Court to order by mandamus that NSP initiate eminent domain proceedings with respect to their property. • • 5. For purposes of this Order,the Court must take the ex parte allegations of the Petition to be true, and there appears to be no plain,speedy,and adequate remedy at law for Petitioners. ORDER 1. Since Petitioner has made the necessary ex parte showing,mandamus is allowed. 2. Northern States Power Company is ordered immediately after the receipt of this writ to initiate eminent domain proceedings for the acquisition of Petitioners'property pursuant to Minnesota Statute section 117 et. seq., and shall by the hearing noted below certify to the Court that it has commenced the eminent domain proceedings. 3. In the alternative, if Northern States Power Company believes it can not or should not be required to comply with the mandate of this Alternative Writ, it shall appear and show cause before this Court at the Washington County Courthouse, Stillwater,Minnesota,on November 25, 1996 at 9:00 AM as to why it can not or should not be required to perform the required act. 4. On the return date,pursuant to Minnesota Statutes Section 586.06, Respondent may elect to show cause by Answer in the same manner as an Answer to a Complaint in a civil action. 5. Pursuant to Minnesota Statutes Section 586.05,the Court determines the method of service.Petitioner shall effect personal service on the Respondent and shal file proof with the Court Administrator. E COURT' Dated: November 8, 1996 4.nald J. Venne Judge of District Co MEMORANDUM The Court is mindful of the potential political sensitivity of this matter. However,Petitioners have made a showing that mandamus is appropriate under the law,at least in the form of an alternative writ. The alternative writ allows NSP to respond and to show why it should not be requited to act as directed. As is always true in mandamus proceedings,the Court has not had the advantage of full briefing of the issues presented. By the nature of an ex parte mandamus petition,NSP has not yet had the opportunity to respond to Petitioners' claims. It should have such opportunity, and an alternative writ allows such response. DJV