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HomeMy WebLinkAbout2009-12-17 NAC Planning Memorandum Re File Review & Final ApprovalsMEMORANDUM ENGLOSURE NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners(cDnacplanning.com TO: Eric Johnson FROM: Scott Richards DATE: December 17, 2009 RE: Oak Park Heights — A.S. King Ash Disposal Facility: Review of Files and Final Approvals FILE NO: 798.04 — 09.06 As per your request, 1 have reviewed the NAC files as well as the resolutions and conditional use permits on file at the City regarding the A.S. King Ash Disposal Facility. Please find as follows a brief history of the approvals and reports concerning the ash disposal facility: 1. The first mention of the ash disposal facility in NAC files is an April 6, 1979 letter from the Minnesota Pollution Control Agency to Northern States Power Company (NSP) providing the conditions for operation of the ash disposal facility (see attached). 2. In 1995, NAC was asked to provide an evaluation of the issues related to reclaiming the ash disposal site for commercial or industrial use. The memo provides some of the land use, access, utility and Comprehensive Plan issues (see attached). 3. In 1996, Northern States Power requested a conditional use permit to expand the A.S. King Ash Disposal Facility. The primary reason for the expansion was to accommodate the proposed realignment of Highway 36 and the associated ramps and frontage road for the project. As part of this request, NSP also asked for a Comprehensive Plan amendment, rezoning and vacation of roadways that had been platted within the proposed project area. There were four quad-type apartment structures and two residential homes that were removed as part of the project. The conditional use permit, vacation and rezoning were approved in November 1996. The Comprehensive Plan amendment was approved in February 1997. The City is reviewing its files for the original conditional use permit for this action. The draft by Mark Vierling has been included herein. 4. on March 14, 2000, the City approved the conditional use permit for relocating the existing storage and maintenance building within the ash disposal facility. The building was a pole barn structure 30 feet by 48 feet. This conditional use permit was to expire December 31, 2005. Subsequent to this approval, NSP requested other conditional use permit amendments related to the storage building but the applications were withdrawn. Currently, there are no buildings on site (see attached). 5. in 2006, Xcel Energy requested a conditional use permit to allow grading on the east edge of the site and construction of apost- closure access roadway to connect to the existing cul -de -sac at 58 Street. The City Council approved this conditional use permit on April 25, 2006 (see attached). In July 2008, an application was made for a vertical expansion of the A.S. King Ash Disposal Facility. This request was withdrawn on December 2, 2008. CONCLUSION Based upon the preceding review, there are a few conditions of those approvals that are relevant as Xcel proposes to complete the closure and final cap of the A.S. King Ash Disposal Facility. Please find the following: A. In the 1996 conditional use permit, the following conditions were included: 10. Utility Relocation. NSP shall remove and relocate all municipal and other public utilities disrupted by this project. Such relocation shall be as specified and directed by the City Engineer. 12. Incorporation by Reference. The planner's report and records to the City of Oak Park Heights dated October 16, 1996 shall be implemented in full by NSP. Said report is annexed hereto as Exhibit A and incorporated herein by reference. Notwithstanding the incorporation by reference of the planner's report, there are two (2) areas of modification that are to be noted. They are as follows: a. Condition 13 of the planner's report referenced an option that was available to the City of Oak Park Heights to have NSP either leave the designated area by Cover Park as an open parking lot, or to landscape same. The City Council has elected to construct a parking lot in that locale. NSP shall undertake the construction of said parking lot with paved path as approved by the City Planner and City Engineer, and will coordinate the construction of same directly with the City Planner, City Engineer, and City Administrator. b The City of Oak Park Heights has agreed to street vacation of several unused and unopened streets as otherwise designated Z within the planner's report. The final resolution vacating streets contains areas that differ from the planner's report, and it is the City Council resolution vacating those streets that governs, not the planner's report. B. In the March 14, 2000 approvals, the following conditions were included: 3. NSP recognizes that it contributes storm water runoff into the Perro Creek watershed area. The City is in the process of developing plans for resolving storm water management issues for this watershed. NSP acknowledges that it will use its best efforts to work with the City on these issues and contribute its fair share of any expense to be incurred by the City in implementing any storm water management solution. 7. NSP has indicated an obligation to work in good faith with the City in partnering on trail locations within the site. NSP recognizes that the City has committed to a master planning process for the site and that NSP is willing to assist in the planning process. 8. NSP recognizes that a nonconforming billboard exists on the ash landfill site. With the implementation of roadway, park, or trail improvements on the property, NSP agrees to remove the billboard. C. In the April 25, 2006 approvals, the following conditions were included: 2. Xcel shalt replant and maintain trees, according to a plan approved by the City Arborist, to satisfy the City's tree reptant requirements. 5. The City staff shall review the status and condition of the road entering the area at the end of the cell life and determine whether the road should be paved. If so, the applicant shall pave same or apply such other road treatments as the staff recommends. 6 At the end of the cell life, City staff shall review the status of the Cover Park parking lot previously installed by Xcel, and Xcel shall modify same to final site conditions including fill against hockey boards. The City Council should review the list of conditions that may or not be relevant to the project as Xcel prepares to close the ash disposal facility. The City should receive final plans from Xcel that show topography and landscaping of the site to verify compliance with the permit and conditional use permit approvals. 3 W1/23/97 13=23 ECKBERG LAW FIRM 4 NWRC NO.415 P002 NWAC File No. 798-02-96:08 Owner: Northern States Power Address: 414 Nicollet Mall Minneapolis, Minnesota 2. 3. CITY OF OAK PARK mamas CONDITIONAL USE PERMITS FOR MitTHERN STATES Legal Description: (Washington County Plat-Parcel No. See Exhibit A attached hereto Present Zoning District: 1 Permitted use set forth in Ordinance 401 Section 401.12 1. CONDITIONAL USE PERMIT FOR: Mining and land reclamation in excess of 400 cubic yards All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights. General Description: 1. NSP has obtained permission from the City of Oak Park Heights to expand the Allan S. in Ash disposal facility in coordination with the Minnesota Department of Transportation project realignment of the Trunk Highway 36/212 to accommodate MnDOT reconstruction of off ramps in the area of the ash disposal facility. NSP will relocate 30 feet of Ash/40,000 cubic yards of slag in the expansion area. Date Issued Fencing •■• •••• • •••• ADDITIONAL RESTRICTIMS AND PROVIsIaus. A. Accessory Buildings C. exterior Storage NU 4 1 's The following additional restrictions and provisions being part of the Conditional Use Permit to be issued herein affecting the following matters shall be quad style apartments and two homes in southeast corner of site are to be demolished. (See October 26, 1996 NWAC Planner's Report) No other structures shall remain on site. Perimeter and security fencing to be installed as approved by City Building Inspector and City Planner. Fly ash in cell/storage as depicted in plans identified in October 16, 1996 report only. D. Chemical/Pollutant storage and disposal None allowed. E. Screening Per approval plans as identified in October 16, 1996 NWAC report. Landscaping Per approval plans as identified in October 16, 1996 NWAC report. G. Lighting Per approval plans as identified in October 16, 1996 NWAC report. H. Parking Per approval plans as identified in October 16, 1996 NWAC report. 1. Hours of Operation Per approval plans as identified in October 16, 1996 NWAC report. J. Advertising/Signage Per approval plans as identified in .October 16, 1996 NWAC report. K. Drainage Per approval plans as identified in October 16, 1996 NWAC report. L. Other: 1 . 121-LiDA....Ljgg Plan. Depicting topography, landscaping and buffering shall be subject to the review and approval of the City Engineer and shall be submitted on or before 4/1/97. 2. Traffic. No increase in traffic will occur due to this expansion. NSP traffic will maintain normal routes and frequency. 3. hate. All leachate generated at the facility shall be disposed of directly into Oak Park Heights sanitary sewer which shall be metered. 4. 11„cqess Roads. Access roads to the facility shall be upgraded to specifications approved by the City Engineer. 5. Slag Removal. Hauling shall be limited from 7:00 a.m. to 6:00 p.m., Monday throug -rift Slag will be trucked from the site to the Blac Damoral)Plant in Woodbury. 6. Dust. NSP shall water the access roads and site to control dust as necessary. 7. All construction equipment shall be limited to operations, Monday through Friday, 7:00 a.m. to 6:00 p.m. MPCA established noise levels shall not be exceeded (i.e. 65 decibels cannot be exceeded 3.0?; of the time for 1 hour, and 60 decibels cannot be exceeded 50 9 6 . of the time for 1 hour. 8. Hauling Vehicles. Shall not release liquids, dust or other material. NU.415 P004 9. Wbeel Waphers. Shall be installed at location(s) and specifications required by the City Engineer. 01/23/7 1:2„3 ECKBERE LAW FIRM 4 NWAC 10. Utili Re1,106211. NSP shall remove and relocate all municipal and other public utilities disrupted by this project. Such relocation shall be as specified and directed by the City Engineer. 11. Stormwater Drain • e an* Pond* Existing stormwater patterns are to be maintained. NSP shall construct a ponding area at eastern most point of the site in the manner specified by the City Engineer. Plans shall be submitted to The Middle St. Croix Valley Water Management Organization (MSCRVWMO) for review and approval. NU.41n P 12 Inco ..ratio b R erenc The Planner's Report and records Lo the city of Oak Park Heights dated October 16, 1996 shall be implemented in full by NSP Said report is annexed hereto as Exhibit A and incorporated herein by reference. Notwithstanding the incorporation by reference of the Planner's Report, there are two (2) areas of modification that are to be noted. They are as follows: a. Condition 13 of the Planner's Report refer enced an option that was available to the City of Oak Park Heights to have NSP either leave the designated area by Cover Park as an open parking lot, or to landscape same. The City Council has elected to construct a parking lot in that locale. NSP shall undertake the construction of said parking lot with paved path as approved by the City Planner and City Engineer, and will coordinate the construction of same directly with the City Planner, City Engineer, and City Administrator. The City of Oak Park Heights has agreed to street vacation of several unused and unopen streets as otherwise designated within the Planner's Report The final resolution vacating streets contains areas that differ from the Planner's Report, and it is the City Council resolution vacating those streets that governs, not the Planner's Report. 13. R conve ance. NSP may not (re) convey any portion of the site to any other person or entity without written consent by the City of Oak Park Heights. XII. REVIEW Pursuant to Order of the City Council of the City of Oak Park Heights a periodic review of this Conditional Use Permit is imposed as a condition of its grant. This Conditional Use Permit shall be reviewed annually at the Direction of the City Clerk, which shall notify the permit holder of the date of the annual review at least ten (10) days prior to the review hearing. Date: Date: CITY OF OAK PARK HEIGHTS By David Schaaf, Mayor NU. 415 IN WITNESS WHEREOF, the parties have set forth their hands and seals. By Michael J. Robertson City Administrator DaSe: By Applicant Permit Holder Date: By Applicant Pe mit Haider 01/2.3/? 3: ECKBERG LAW F I R M NIAPC: NO. 415 P00 EXHIBIT A and, and and and RESOLUTION NO . CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING PORTIONS OF CERTAIN STREETS LOCATED WITHIN THE PLAT OF OAK PARK, AS LOCATED WITHIN THE CITY OF OAK PARK HEIGHTS WHEREAS, Northern States Power Company has petitioned the City Council for the City of Oak Park Heights requesting vacation of certain streets within the plat of Oak Park as located within the City of Oak Park Heights, the same being 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 connection to the northeast corner of Lot 9, Biock 8 and there terminates. 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. 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. 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. 14U. 441D • WHEREAS, the said petitioner. is the owner of all or the majority of the property abutting the street proposed to be vacated; and, WHEREAS, the portions of streets proposed for vacation either have never been opened or will never be used as public streets given the development of the adjoining properties and the t-leJtOt.-3 utilization of property now in place by Northern States Power Company within the vicinity of the NSP disposal pit; and, WHEREAS, there is no longer a need for travelled or improved streets in the areas proposed for vacation, and by vacating the same the property thereof would be returned to the tax rolls, enhancing the taxable value of all lands abutting thereon or affected thereby; and, WHEREAS, it appears in the best interest of the public to vacate the portions of streets so noted; and, WHEREAS, the City Council has determined that the petitioner's payment of the costs incurred by the City with respect to these proceedings is sufficient consideration for the vacation thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS, that the following portions of streets now located within the plat of Oak Park as contained within the City of Oak Park Heights, be and the same are hereby vacated: 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 connection 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. 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. ' 1 BE IT FURTHER RESOLVED that the City Administrator shall prepare a Notice of Completion of these proceedings which shall contain the name of the City, the identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and the land affected thereby. Such Notice shall be presented to the County Auditor who shall enter the same in his transfer records and note upon the instrument over his official signature the words , "Entered in the transfer records." The Notice shall then be filed with the County Recorder for Washington County, all as required by Minnesota Statute §412.851. Adopted by the City Council of the City of Oak Park Heights this 26th day of November, 1996. ATTEST: Michael J. Robertson City Administrator David Schaaf Mayor 1\1 1.J.4 .1 5 P011-, NWAC No, 798-02 & 798.04-05. Legal iDescriptiou: Xcel Energy Address: 414 Nicollet Mall Minneapolis, Mimksota Site Address: 1103 King Plant Road Oak Park Heights, MAN 55082 Present Zoning District: I-Industrial 'CITY OF OA1K PARK ME1GHTS AwitErliaat) commTloNAL USE FOR LAND EliTCLAMATRON FOR XCEL ENERGY See "Exhibit A" Legal description attached hereto Amended Permit issued : April 25, 2006 Pm-Initial 113%23 set forth in Ordiunnee 401 Sec 401.12; CUP requirements: Code Section 308.08 1. AMENDED CONDITIONAL USE PERMIT FOR: The ash disposal site is a permitted use and the conditional use permit granted in 1996 adopted the final cell development plan that included mining and land reclamation. Changes to the conditional use permit granted in 1996 require an amended conditional use permit. Xcel has requested a change to the conditional use permit to allow a new plan for grading on the east edge of the site and the post closure access roadway that will connect to the existing cul-de-sac at 58 Street. H. The applicant has submitted a site drawing and supporting documentation to the Community Development Department attached as part of the April 6, 2006 planning report, see Exhibit B. HI All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights, 1. All ash hauling to the site shall continue to be from the Beech Road access. No access for fill operations shall be from the 58 Street access. Access to 58 Street shall be not he allowed until such time as the access from Beech Road is discontinued. Emergency vehicle access shall be provided in the long tem) from 5 0th Street. 2. Xcel shall replant and maintain trees, according to a plan approved by the City Arborist, to satisfy the City's tree replant requiremcnis. 3. The plans shall be subject to review and approval of the City Engineer. 4. The location of the gate and fencing for the post closure access mad shall be subject to City approval. 5. The City staff shall review the status and condition of the road entering the area at the end of the cell life and determine whether the road should be paved. If so, the applicant shall pave same or apply such other road treatments as the staff recommends. 6. At the end of the cell life, City staff shall review the status of the Cover Park parking lot previously installed by Xcel, and Xecl shall modify same to final site conditions including fill against hockey boards. 7. The City Engineer shall review the existing cul-de-sac on 50 Street and recommend any changes to resolve drainage issues that may presently exist before any connection to the cul-de-sac is made by the applicant. 8. Xcel shall ensure that adequate dust controls measures are implemented at all times. )(eel shall install appropriate automatic sprinkling systems and implement other improvements to control dust during the weekends. All such systems shall be subject to review and approval of City staff. TV. This Conditional Use Permit is issued in addition to and not in replacement of any odic( permits previously issued by the City to this permit holder. IN WITNESS WHEREOF, the parties have set forth their hands and seals. Date: Date: ritlef Date: CITY OF OAK PARK HEIGHTS Eric Johnson City Administrator Legal Description: Ash Storage Facility See Exhibit A@ Legal description attached hereto. AS u King Plant See ilxilibit13@ 1,ega1 description attached hereto. Owner: Northern States Power Address: 414 Nicol let Mall Minn eapolis, Minnesota General Description: CITY OF OAK PARK HEIGHTS CONDITIONAL USE AND VARIANCE PERMITS FOR NORTHERN STATES POWER COMPANY NWAC File No 798-02-96:08 Date Issued March 14, 2000 Present Zoning District: I-Kino Plant- Cooling Tower Expansion and Ash Storage Facility Permitted uses set forth in Ordinance 401 Section 401.12 CONDITIONAL USE PERMIT FOR: FLY ASH FACILITY: RELOCATION OF BUILDINGS A.S. KING PLANT: COOLING TOWER EXPANSION All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights. 1. ASH FACILITY: NSP has obtained permission from the City of Oak Park Heights to relocate the existing storage and maintenance building at the fly ash storage area. The building is a pole barn type structure 30 x 48 feet previously located in the west section of the fly ash area. 2 Pursuant to the Planner's Report of March 10,2000 permission is granted to relocate the building to the site identified within the report. This Planner's Report is attached as Exhibit C. A.S.KING PLANT The addition of cooling towers proposed at a not to exceed 62 foot elevation/high is allowed per the Planner's Report of March 10, 2000 attached as Exhibit D. IL ADDITIONAL RESTRICTIONS AND PROVISIONS. The following 'additional restrictions and provisions being part of the Variance and Conditional Use Permits issued herein affecting the following matters shall be: Accessory Buildings Ash Facility: The storage building is allowed to he located to the site identified in the lower portion of the site. The CUP for the building shall expire 12/31/2005 with the building being removed unless NSP applies for and receives an extension or amendment to the CUP so permitting the building to remain. All buildings shall be compliant with the building node. B. Fencing Ash Facility: Perimeter and security fencing previously installed as approved by City Building Inspector shall be maintained by the applicant. Landscaping and a fence shall be placed on the northerly berm area of the ash disposal facility. Selection of seedings and plantings shall be subject to the approval of the City Arborist. Exterior Storage Ash facility: Fly ash in ecli/storage as depicted in plans identified in October 16, 1996 report only. D. Chemical/Pollutant storage and disposal None allowed except by NIPCA permit. E. Screening Per approval plans as identified in October 16, 1996 NWAC report. Landscaping Ash facility: Trails shall be constructed within the Fly ash site to provide connections with existing and proposed city trails. NSP will assist the city in the trail planning process and dedicate (without cost to the city) land easements and resources for the City's trail system. A.S. King Plant: Landscaping to be implemented pursuant to a plan to be reviewed and approved by city staff. G. Lighting Per approval plans as identified in October 16, 1996 NWAC report. Parking Per approval plans as identified in October 16, 1996 NWAC report. 1. flours of Operation Per approval plans as identified in October 16, 1996 NWAC report. J. Advertising/Signage Per approval plans as identified in October 16, 1996 NWAC report. K. Drainage Per approval plans as identified in October 16, 1996 NWAC report. NSP will participate with the city on Perro Creek expenses and development issues and contribute its fair share of those expenses. Other: NSP shall provide to the city periodic health reports on air quality and health reports on fly ash. Access to Beach road from the ash facility shall be paved with a surface extended at least 40 feet into the facility. A stop sign shall be placed by NSP at its expense to control traffic exiting the ash facility onto Beach Road. Non conforming billboard on the Ash Facility site shall be removed at the conclusion of the present lease term. The permit holder shall not extend the lease term beyond the current provisions which provides for a termination on January 1, 2011. Construction trailer(s) shall be removed from the fly ash site before 9/30/2000. The trailer may be moved by NSP to the A.S. King plant site. A.S.KING PLANT-for construction of the cooling towers. All construction to be buildin code compliant. Other regulatory agency permits shall be acquired by the permit holder as may be required. 1. Traffic. No increase in traffic will occur due to this expansion. NSP traffic will maintain normal routes and frequency. 2. Leachate. All leachate generated at the facility shall be disposed of directly into Oak Park Heights sanitary sewer which shall be metered. 3. Access Roads. Access entrance to the facility from Beach Road have been paved to specifications approved by the City Engineer. 4. Dust. NSP shall water the access roads and site to control dust as necessary. 5. Noise. All construction equipment shall be limited to operations, Monday through Friday, 7:00 a.m. to 6:00 p.m. MPCA established noise levels shall not be exceeded (i.e. 65 decibels cannot be exceeded 10% of the time for 1 hour, and 60 decibels cannot be exceeded 50% of the time for 1 hour. 7. Hauling Vehicles. Shall not release liquids, dust or other material. 8. Wheel Washers. Shall be installed at location(s) and specifications required by the City Engineer. 9. StormwaterDrainag and Pondirm. Existing stormwater patterns are to be maintained. NSP has constructed a ponding area at eastern most point of the site in the manner specified by the City Engineer. 10. Incorporation by Reference. The Planner's Report and records to the city of Oak Park Heights dated October 16, 1996 shall be or has been implemented in full by NSP. Said report is incorporated herein by /. 7 Date: y L- v<, Date: X J10-5/ Date: I Zoo 4 - - reference. Notwithstanding the incorporation by reference of the Planner's Report, there are two (2) areas of modification that are to be noted. They are as follows: a. Condition 13 of the Planner's Report referenced an option that was available to the City of Oak Park Heights to have NSP either leave the designated area by Cover Park as an open parking lot, or to landscape same. The City Council has elected to construct a parking lot in that locale. NSP shall undertake the construction of said parking lot with paved path as approved by the City Planner and City Engineer, and will coordinate the construction of same directly with the City Planner, City Engineer, and City Administrator. b. The City of Oak Park Heights has agreed to street vacation of several unused and unopened streets as otherwise designated within the Planner's Report. The final resolution vacating streets contains areas that differ from the Planners Report, and it is the City Council resolution vacating those streets that governs, not the Planner's Report. IN WITNESS WHEREOF, the parties have set forth their 1 . . nd seals. do By By Thomas M. Melena City Administrator Northern States Power Company Its pk, .1404.7 Q(.49 btatr-toti- Northwest Associated Consultants, Inc. COMMUNITY PLANNING • DESIGN • MARKET RESEARCH PLANNING REPORT TO: Mike Robertson FROM: Scott Richards DAI 22 June 1995 RE: Oak Park Heights - Northern States Power (NSP) Landfill Area FILE NO: 798.02 - 95.10 BACKGROUND in review of the issues related to extending the South Frontage Road from Club Tara to Peller Avenue, NSP has indicated their interest in use of the landfill area for future development. Preliminary discussions with the Pollution Control Agency (PCA) has indicated that the site could be developed for commercial or industrial use. The PCA would not allow residential development on the site. NSP has proposed that the development could be staged, starting with those areas that have already been filled and capped. It is estimated that the entire site will be filled by 2010 to 2015. COMPREHENSIVE PLAN Previous land use plans do not specifically address the issue of development of this site indicating that the issue would need to be discussed when the landfill operations were completed. The Comprehensive Plan, dated December 1979, and the October 1989 Redevelopment Plan for the City do not provide guidance for development but rather indicate that the reuse of the site was unlikely due to the stability of the filled materials and the contaminants contained within. NSP has determined that the site would be buildable with slab, on grade construction and normal construction methods for roads and parking lots. Storm water runoff would need to be carefully managed so as to prevent any leaching of the fill material. With adequate fill, the site can also be landscaped with trees, shrubbery and grasses. 5775 Wayzata Blvd.- Suite 555 • St. Louis Park, MN 55416 (612) 595-9636-Fax. 595-9837 SITE LOCATION The site is approximately 36 acres and surrounded on the south by Valley View Park, to the west is residential development including East Oaks, Raymie Johnson Estates and Valley View Estates; to the north is Club Tara and Highway 36; and to the east is single and multiple family housing. On the southerly edge of the site is a 250+ power line easement for transmission towers and the northerly tip of a large wetland complex (see Exhibits A and B). The property is zoned 1, Industrial. ACCESS The primary and most visible access for the site would be from the South Frontage Road. The roadway will connect the property to Osgood on the west and onto Stage Coach Trail and Trunk Highway 95 on the east. Access from the west was not incorporated into the plans for East Oaks or Valley View Estates because of issues with topography and access conflict created by commercial and industrial traffic through low to medium density neighborhoods. Access could be provided to the site from the east by 58th or 59th Streets, but, again, issues with traffic through an established neighborhood would prevent those streets from being major access points. UTILITIES Joe Ander lik, City Engineer, has indicated that water and sanitary/storm sewer service to the property for commercial or industrial use would not be an issue in that sewer lines exist within the site and water is available on either side of the property. Both water and sewer lines are sized to accommodate development in this area. LAND USE Due to limitations placed on the site by the PCA, residential development is not an option although it would provide the most compatible neighbor for the single family, townhome and apartment dwellings on either side of the site and for Valley View Park to the south. Commercial or industrial development in this area would need to be carefully designed with appropriate buffers and of relatively low land use and traffic impact. The site is not ideal for high intensity retail. The City should focus its retail development/redevelopment to the west of Osgood. A small business park with office, limited assembly and some retail on a scale as proposed by the Stillwater Area Economic Development Corporation (SAEAC) may be an appropriate reuse of the site. A development such as this could be phased to accommodate the filling operations that will continue into the next century. The City may consider reserving a portion of the site for an extension of Valley View Park to provide an area for the soccer fields that will be removed by the Highway 36 project and possibly create additional active playfields for baseball/softball. Due to the limited population base in this area and the need to provide a park complex in the area to the west of Oakgreen Avenue, it is unlikely that the City would be interested in reclaiming the entire site for park purposes. CONCLUSION The observations provided herein are a preliminary review of the limitations and potential for development of the NSP site. There are ultimately numerous other options and ideas that NSP, residents of the community, and the Council may have regarding this site. The discussions on the South Frontage Road have created the need to open a dialogue between the City and NSP on the type and timing of development for the landfill. Involvement of the PCA and neighborhood residents during the process will be critical in determining what improvements will be appropriate. 1 suggest the City Council consider forming a study committee of Council members, Park Commission members, area property owners, City staff, and NSP representatives to consider the limitations and recommend options for the site. pc: Mayor and City Council Mark Vier ling Joe Anderlik Donna Folsom, NSP Scott Thomas, NSP Bruce Colt, NSP H 5 t i; t .7 Northern States Power Company % Mr. G.V. Welk, Manager Regulatory Compliance and Activities Minneapolis, MN 55401 Dear Mr. Welk: April 6, 1979 The enclosed permit, SW-54, has been modified and is being reis- sued in the improved format to Northern States Power Company for the A.S. Ring Plant Slag Disposal Area No 2 The modified per mit was approved by the Minnesota Pollution Control Agency Board at the April 3, 1979 meeting. If you have any questions about this permit, please contact Sandra Forrest at 296-7320. Very truly yours, L_,Cda Dale L. Wikre Acting Director Solid Waste Division DLW/SJF/cd Enclosure cc : Paul Smith, Metropolitan Council, Capitol Square Building, 550 Cedar, St. Paul, MN w/permit Chuck Swanson, Washington County Solid Waste Officer w/permit Ken Heuer, Clerk-Treasurer, City of Oak Park Hejghts, 6141 Panama Avenue North, Stillwater, MN 55082 w/permit Phc,ne: 612/296-7316 •935 0.k.Y. Counly 132. RoF.,ev;ite. tA:nota 55113 1-3egional Ofhco':.; - Dowti • 4 Northern States Power Company % 'Mr. G.V. Welk, Manager Regulatory Compliance and Activities Minneapolis, MN 55401 (14odiri(d) PERIT :T;W-54 •OH CONSTRUCTION AND OPE1ATI6N OF A WASTE DJSPOSAL FACJLITY 1) 1 of 3 per. I. No. SW-54 in accordance with Minnesota Statutes Chapters 115 and 116 and Minnesota Pollution ontrol Agency Regulations SW 1-12 and Minnesota. Pollution Control Agency Rules L-3: 5 authorized by the Minnesota Pollution Control Agency to construct and operate the lorthern States Power Company King Plant Slag Disposal Area No. 2 under the condi- :ions set forth herein. AT 1 CONSTRUCTION A. Location. The location of the waste disposal facility authorized by this emit shall be in Section 3 T29N, R2OW, Village of Oak Park Heights Washington ounty, Minnesota. R. Facilitr Descri)tion. The facility consists of 43 acres within a limited ccess area to be utilized for disposal of slag and fIy ash from the A.S. King elec ric power generating plant located in Oak Park Heights. C. Plans and S)ecifications. The permittee shall construct the landfill pro- ect covered hy this permit in accordance with the permit application dated otober 26, 1970, and plans received through September 27, 1978, reviewed on ebruary 20, 1979, which are attached hereto and incorporated herein. The approval, v the Agency, of the plans and specifications shall not be construed to release le permittee from any present or subsequent requirements of statute, rule, regula- ion, or ordinance. D. S)ecial Construction. Four (4) fly ash test cells have been constructed in to northeast section of the slag disposal site. Continuous monitoring of the test 7f.l1s will be conducted over a five year period to determine the quality and quan ity of leachate produced by rainfall and the rate of stabilization as indicated by )anges in leachate quality. Two cells will contain "acidic" fly ash, one compacted ) 90% density and one to 60% density. Two cells will contain "alkaline" fly ash, mpacted to 90% and 60% as above. A rainfall gauge will be installed at the site. E. Construction Certification. The permittee shall have a registered engineer ' Minnesota certify to the Agency that the facility has been constructed in accord- ice with plans and specifications as listed in Section C above. F. Alterations or Additions. The permittee shall not make any major altera- on or addition to the waste landfill test facility that would materially alter le method or effect of disposal without first obtaining the written consent of the ency. well number well number 1 60100 3 60300 2 60200 4 60400 PART II. OPERATING CONDITIONS A. Waste charcterisLics. This permit approves the depGsit at the landfill of 1,500,000 cubic yards of fly ash and slag from the A.S. King Generating Plant, and does not approve the deposit of any other material including municipal, com- mercial, industrial, or demolition waste. B. Monitoring Requirements. The four on-site monitoring wells shall have the following numbers assigned: If the boron level in a well water sample increases by 50 percent over the pre- vious sample then cadmium, arsenic, selenium, iron, zinc, nickel, lead, hexavalent chromium, copper, mercury, and silver will be included in the testing regime. The leachate collection tanks for each of the four test cells will be sampled monthly, then the total volume of leachate will be recorded. Test cell samples will he analyzed for pH, dissolved oxygen, alkalinity, total dissolved solids, sul- fate, chloride, phosphorus, barium, boron, cadmium, arsenic, manganese, nickel, zinc, aluminum, iron, magnesium, and selenium. The test cell program will last 5 years and results will be reported to the Agency quarterly. A five year overview will be presented to the Agency at the end of the testing period. The test cells will be covered in accordance with Section C below when the testing program is completed. C. Cover requirements. Areas of the fill which will not be used for additional ash disposal shall be covered with 6 inches of earth. D. Phase Development. Site development shall proceed according to the revised plan, Figure #4, dated September 14, 1976. PART III. GENERAL CONDITIONS ;c! 2 of 3 l'ermit No. SW-54 Each sample will be tested for total dissolved solids, sulfates, manganese, boron and pH. A. The permittee shall construct and operate the disposal facility in accord- ance with the provisions of this permit and any applicable statute, rule, regula- tion, standard, or order. B. The permittee shall not knowingly make any false statement, representation or certification in any record, report, plan, or other document required to be sub- mitted to the Agency under this permit. The perrnittee shall immediately upon dis- covery report to the Agency any errors in such reports, plans or other documents. C. The perrnittee shall allow the Agency or any allithorized employee or agent of the Agency to enter upon any property, public or private for the purposes of examining and copying records, conducting inspections, surveys, investigations, monitoring, sampling and otherwise obtaining necessary information pertaining to the construction, operation and environmental effect of the disposal facility, - control equipment and control materials. D. The permittee shall not s:si ;n or transfer Lh Ls permit without.. firM, obtaining the written approval of the Agency. An unapproved as si.r nment OP trans- fer shall render this permit null and and voi d E. This permit may be modified or revoked in whole or in part during i.. is term for causes, i. roc ludi ng , but not limited t.o l_ a Vi. of ati on of any terms or conditions of this permit. 2. Obtaining this permit by misrepresentation or failure to disclose fully all relevant f a c t s . F. The provisions of this permit: are severable, and if any provisions of this permit, or the application of any provision of such provision to other circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. G. This permit shall not release the permittee from any l i a b i l i t y , penalty, or duty imposed by Minnesota or federal statutes or regulations or local ordinances, including, but not limited to those promulgated pursuant to Minnesota Statutes Chapters 116, 400 and 473. This permit shall be permissive only and shall not be construed as estopping or limiting any claims against, the permittee, its agents, contractors or assigns, nor as estopping or limiting any legal claims of the State against the permittee, its agents, contractors or assigns for damage to State prop - erty, or for any violation of the terms of this permit. H, This permit shall not prevent the future adoption by the Agency of any rule, regulation, standard or order more stringent than those now in existence or prevent the enforcement of such rule, regulation, standard or order against the permittee. 1. This permit is valid for 5 year from the date issued, and will expire at that time. To obtain a new permit, the permittee must request that the Agency review and reissue the permit. The permi'ttec must request rclssuance no sooner than 1 year after the date of this perini. t , and no later than 180 calendar days before the expira- tion date of this permit® Dated: March 27, 1979 Permit No SW -54 MINNESOTA POLLUTION CONTROL AGENCY Curtis J. Spa s Acting Director Solid Waste D i v i s i o n 3 of 3 PL. ..t I t No. W-_,.