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HomeMy WebLinkAbout09-12-49 RESOLUTION 09-12-49 • A RESOLUTION SUPPORTING FINANCIAL 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 Power 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 Whereas, 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 Xcel 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 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. Passed by the City Council for the City of Oak Park Heights this 22 day of December, 2009. David Beaudet, Mayor !r . A E h0s on, City Administrator `f � r