HomeMy WebLinkAbout2009-12-22 CC Meeting Packet Enclosure Re Site Close Out & Funding CommitmentMeeting Date: December 22nd, 2009 .
Time Required: is Minutes
Agenda Item Title:, Ener
Agenda Placement: Ner B me,
Requester's Signature
Action Requested Sep. 134
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Request for Council Action
Site MoeI r lit -Ash Site C .Q.se t_ Tian r Fundin Commitment
Originating nepar tment/ R aric Johr sc n ; City . Administrator
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Moelter Site Closure
Various Xcel Energy staff will be present to make a presentation regarding the history of the site and present an
approximate closure plan consistent with the approved C.U.P. documentation and MPCA requirements. This
will be a power -point presentation. I have enclosed a DRAFT version of the presentation, so you will have some
idea of the concepts to be presented.
Related to this, l have had some conversations with Plant Manager Torn Smith as well as Xcel representatives
John Wetrish and Chuck Donkers about the possibility of them holding two additional communitmaLeitm and
all parties indicated distinct willingness to hold such meetings.
, One to he held. n early 2oio that: would elaborate in more.. etail on th_ pia nne . closure
timeline and aethguttanas,
0 The second to be at the a c t u a l lhhneo c l o s u r e s S °in 2w toensure all iteR s are
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finalized an :e bo hoQ e ns Acted.
The City is compiling a review of the issued permits and amendments. Generally, at this time there does not
appear to be material performance defects, see S. Richards memo dated December 17, 2009 — being a
PRELIMINARY REVIEW). Xcel Energy will be required to correct any discovered deficiencies prior to final
closure. The City has been in communication with the MPCA (Bob Criswell) on this matter. Xcel Energy has
committed to correcting any unresolved CUP conditions or requirements. Staff will be continuing to compile
documentation on this matter and will inform Xcel of any items requiring attention.
e its,
Related to this final close -out plan and as part of a discussion initiated in 2004, Xcel Energy is seeking to make a
$612,000 contribution to the City for the purposes of park and trail development at (or adjacent to ) the Moelter
Fly Ash site. Please see the enclosed resolution. The City may only accept contributions via resolution.
Assuming the Council desires to accept these funds and pass such resolution, the City would then enter into a
"license" (for lack of a better word)on how exactly the land may be used.. The most important fact being that the
cap cannot be disturbed w /out Xcel and possibly MPCA approval.
Page 101 of 138
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Page 109 of 138
EM
TO:
FROM:
DATE:
RE:
FILE NO:
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 554.22
Telephone: 763.231.2555 Facsimile: 763,231.2581 planners6:i.)nacplanning.com
PRELIMINARY REVIEW
Eric Johnson
Scott Richards
December 17, 2009
Oak Park Heights — A.S. King Ash Disposal Facility:
Review of Files and Final Approvals
798.04 09.06
As per your request, 1 have reviewed the NAC files as well as the resolutions and
conditional use perrnits 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 NAG 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 Vier has been included herein.
Page 110 of 138
4 On March 14, 2000, the City approved the conditional use perrnit 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 a post-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).
6. 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.
CONCLUS1 N
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
2
Page 111 of 138
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.
E3. In the March 14, 2000 approvals, the following conditions were included:
3. NSP recognizes that it contributes storrn 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 non-conforming 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 shall reptant 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 swne or apply such other road
treatments as the staff recommends.
6. At the end of the cell rife, City staff shalt review the status of the Cover
Park parking tot previously installed by Xcel, and Xcei 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 Xcei that show topography and landscaping of the site to verify compliance
with the permit and conditional use permit approvals.
3
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RESOLUTION
A RESOLUTION SUPPORTING FINA NCIAL COMMITMENTS BY XCEL
ENERGY TO FUND FINAL PARK IMPORVEMENTS AT THE MOLETER FLY
ASH REPOSITORY SITE
Whereas, since 1971, Xcel Energy has utilized the former Moelter Gravel Pit
property located at the intersections of Highway 36 and Beach Road as a landfill
site for the placement of fly-ash generated at the Allan S. King over plant
located in Oak Park Heights (the "Moelter Site"); and,
Whereas, utilizing the Moelter Site for fly-ash disposal has resulted in significant
financial savings to Xcel Energy due to avoidance of transporting such material
greater distances and has benefited the community through reduced
transportation emissions; and
Whereas, the City and citizens of Oak Park Heights have worked extensively with
Xcel Energy to accommodate operations at the Moelter Site over the past three
decades, including the approval of several plan amendments and site access
alterations; and,
Whereas, the Moelter Site is anticipated to cease disposal operations in 2010;
and
VVhereas, in anticipation of said Moelter Site closure and in recognition of the
cooperation between the City and Xcel Energy, the parties have agreed that
future development of the Moelter Site after closure by Xcel Energy will include a
park facility that would provide and demonstrate a viable reuse and
redevelopment of the Moelter Site property and which would provide a
community benefit to the residents of Oak Park Heights and also a quality
demonstration site for Xcel Energy on how similar properties may benefit a local
community; and
Whereas, in 2004, Xcel Energy and the City expressed mutual agreement in
future development of the Moelter Site, which development will be funded in part
by Xcel Energy, as further set forth below.
NOW, THEREFORE BE IT RESOLVED that the City Council for the City of Oak
Park Heights hereby accepts $ 612,000.00 in funds from Xcei Energy pursuant to
the agreements referenced above and pursuant to Xcel Energy's 2004
commitment, for reinvestment by the City into the closed Moelter Site and/or
immediately adjacent parks and trails,
BE IT FURTHER RESOLVED that the funds may be utilized at the direction of
the City Council, subject to any governmental or regulatory requirements and be
so utilized for the improvements and/or continued maintenance of park amenities
Page 113 of 138
on or adjacent to the Moelter Site, including trails, park shelters, parking lots, and
other related park amenities, however no improvements shall be made by the
City on the Moelter Site that are in conflict with MPCA closure requirements.
BE IT FURTHER RESOLVED that Xcel Energy and the City of Oak Park Heights
will develop a mutually-agreeable license agreement ("License Agreement") that
will allow the City of Oak Park Heights to utilize the Moelter Site for
redevelopment of the property into a community park and recreational space.
Xcel Energy and the City of Oak Park Heights shall negotiate and endeavor to
execute the License Agreement within one hundred and twenty (120) days of the
date of this resolution.
BE IT FURTHER RESOLVED that the City of Oak Park Heights and Xcel
acknowledge and agree that the terms of the License Agreement may be subject
to the review and approval of the Minnesota Pollution Control Agency ("MPCA"),
which approval may require inclusion of certain terms and conditions of the
MPCA or to other governmental or regulatory requirements or terms and
conditions, and that Xcel Energy will work with the City to secure any necessary
MPCA permits and/or other information or requirements necessary for the
License Agreement,
assed by the City Council for the City o
December, 2009.
Attest
Eric Johnson, City Administrator
*
ak Park
eights this 22 day of
avid Beaudet, Mayor
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