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HomeMy WebLinkAbout2000-02-25 NSP Ltr to OPH Re Response to Proposed Building Permit ConditionsFebruary 25, 2000 Ms Kris Danielson Community Development Director City of Oak Park Heights P.O. Box 2007 Oak Park Heights, MN 55082-2007 Phone #: 651-439-4439 Fax #: 651-439-0574 Re: King Plant Ash Landfill — Relocation of Storage Garage: NSP's Response to Proposed Building Permit Conditions Dear Kris; Attached are NSP's replies to the Conditional Use Permit conditions that have been for NSP's Landfill Garage Building. The Conditions are those stated in Scott Richards' "Planners Report" dated 2/7/00. A mail version follows this fax, which should provide you more legible copies. Mark Fritsch, Darrell Knutson, and 1 look forward to meeting with you and City staff on Wednesday, March 1, at City Hall to discuss the Permit and NSP's replies. 1 am also looking forward to resolving this quickly, insofar as weather conditions at the time I'm preparing this letter suggest spring is going to arrive early this year. 1 previously thought we would put the building down in an approved spot soon after frost is out of the ground. 1 didn't think that would be in February. Please contact me if you need clarification of any of the attached. Sincerely, 1 Michael Thames Energy Management and Fuel Resources 612-330-7657 Northern States Power Company 414 Nicol let Mali Minneapolis, Minnesota 55401-1927 Telephone (612) 330-5500 , r - ..s 11:71. r FEB 8 2000 I \ \L L.-) NSP FLY ASH DISPOSAL FACILITY — BUILDING RELOCATION RESPONSE TO RECOMMENDATIONS IN FEBRUARY 3, 2000 PLANNING REPORT (Oak Park Heights Fite No. 798.02 — 99.23) 1. NSP shall destroy or remove the building from the ash landfill property and the CUP shall expire by December 31, 20OVor NSP shall apply for an amended conditional use permit for its relocation and /or reconstruction.. The- r =•, _ Ong t rec. 1 i lt, Response: In the interest of efficiency for the City and NSP, NSP proposes an alternative location for the storage garage — see attached drawing (Attachment 1). Since this alternative location is above a previously closed area, the building can remain in place to serve needs of the Landfill for the remainder of the Landfill's operational life, which is estimated to be until approximately December 31, 2010. The CUP's deadline for removal should be extended to this date. NSP believes this location responds to the City's and neighborhood's esthetic concerns, insofar as it is sheltered and removed from nearby residents. Advantages to NSP include elimination of the need to relocate the building again as the Landfill develops, improved traffic flow at the site, and a more secure location. This location also retains all of the site development options that have been discussed. The building remains temporary in that it will be removed or destroyed at the time the Landfill is closed. 2. NSP shall provide health reports on fly ash including air quality monitoring reports as required by City staff. Response: NSP will provide copies of `Air Emissions Multi- Pathway Risk Assessment for the King Generating Plant Ash Landfill Recreational Field Scenario" as soon as all QA /QC checks of the Report are finished, or no later than March 31, 2000. This Report was prepared for NSP by Earth Tech, Inc., in association with Barr Engineering Company, using standard USEPA risk assessment protocol. 3. NSP shall contribute a proportionate share of the costs related to storm water runoff improvements required for the Perro Creek Pond. A development agreement shall be executed between NSP and the City outlining the cost sharing for storm water improvements. Response: NSP is not aware of the existence of an approved engineering plan f or storm water improvements for the Perro Creek Watershed. With this lack of definition, NSP believes it is inappropriate to establish execution of a development agreement as a building permit condition. NSP pledges to act in good faith in negotiating acceptance of its fair share of costs of future improvements. As an example of this good faith, NSP has a commitment from the MN Department of Transportation to accept storm water discharges from the eastern sedimentation pond at the Landfill into the drainage system for the Highway 36 improvements at the time the Department constructs this proposed system. NSP further provided land at the Plant site to the State for storm water ponds needed for the HWY 36 drainage system. The Landfill's eastern sedimentation pond currently receives storm water flows from the State- owned portion of the Landfill as well as NSP's eastern portions. The pond now drains to the Perro Creek Watershed, as does the nearby HVVY 36 right -of -way. Both flows will be redirected when the Department constructs the new drainage system. 4. The building shall be required to comply with all Uniform Building Code requirements as approved by the Building Inspector, including an adequate foundation once it is replaced on the proposed site. Any portable toilets to be placed on the site shall be within the building. Response: NSP contracted with Barr Engineering Company to evaluate the building's structural framing and its proposed foundation. A copy of the 1/31/00 letter from Barr's Paul Schiller has been provided to the City and has been discussed with the Building Inspector. There appears to be agreement that Barr's recommendations will bring the building into compliance with UBC requirements. The newly proposed location for the building may require modification to the foundation plan, in that the cap structure limits the depth of the footings. Building Inspector approval of any modifications will be obtained prior to construction. All portable toilets will be placed within the building. 5. Landscaping shall be placed on the northerly berm area of the ash facility. All plans for landscaping, including areas that have been seeded as prairie and the berm area shall be subject to City Arborist review and approval. Response: NSP proposes that, as an interim measure, berm areas should be vegetated with grasses. Shrubs or vining plants should be established only in the proposed location of the garage to provide additional screening. NSP expects to work collaboratively with the City and its Arborist in developing future landscaping plans for the site. The plans should be consistent with possible future uses of the area, which are now uncertain. For example, the status of the recreational facility, trails, the Highway 36 south frontage road, relocation of the Beach Road Bridge, Calthorp study development, etc. are all uncertain. Because of this, NSP believes grasses should be used in the short -term until a development plan for the site becomes better understood. 2 It will be difficult to establish any mature or eventually massive vegetation on the berms. The berms are located above the landfill cap. The cap must be well - drained and cannot have plant root structures that penetrate to the synthetic cover. In addition, all vegetation and drainage plans must be approved by the MPCA. In spite of these limitations, NSP believes a vegetation plan can be developed that wilt support prospective uses of the site. NSP will engage the City Arborist is developing this plan, but the Company must retain final approval. 8. The access from Beach Road shall be paved by NSP with an asphalt surface and extended at least 120 feet to facilitate tire cleaning. A stop sign shalt be installed at the intersection by NSP. Response: NSP believes that, if the objective is to eliminate tracking out onto Beach Road, a 120 foot asphalt extension is not necessary. NSP's operations are being transferred to the central portion of the site, so there will be sufficient interior roads to facilitate tire clea ing. NSP proposes that the asphalt at the entrance be extended by 140 feet o facilitate sweeping and to give trucks a "platform" to stop on prior to entry onto Beach Road. (A stop sign will be installed at this point.) NSP anticipates that eventually a frontage road wilt be constructed that will revise the entry point to the landfill. 7. Trails shall be constructed within the fly ash site and along NSP power line corridors to provide connections with existing and proposed City trails. The trail locations and specifications shall be subject to approval of City staff and included in the development agreement with NSF). Response: Attached is a copy of an Easement Agreement between NSP and the City of Burnsville that indicates the context in which NSP is willing to grant easement rights for public trailway purposes (Attachment 2). NSP is willing to use this form of agreement for trails within the fly ash site and along power line corridors. I n both cases, however, NSP must retain the right to deny trails if their use presents safety concerns or imposes on adjacent property owners. In addition, within the Landfill NSP must assure the trails are consistent with the cap structures and drainage plans. NSP must also obtain the MPCA's approval. Nonetheless, NSP believes it is feasible to Locate a trail on the north side of the berm that will provide access across the Landfill in both north -south and east - west directions. 8. The City wilt require the non - conforming billboard on the ash landfill site to be removed within six months after the conditional use permit is approved. 3 Response: When NSP purchased the property on which the billboard is located in 1996, it purchased the and but not the billboard. The billboard is owned by Naegle Outdoor Advertising, and the rights of the property seller to lease the space to Naegle were reserved until 1/1/2011. NSP obtained an option to purchase the reserved rights in the event the billboard had to be removed to accommodate highway construction or other activities, e.g., construction of the south frontage road. At the time NSP negotiated this purchase, it was assumed that such road construction would have caused removal of the billboard by this time. Although NSP believes its option to purchase the seller's reserved rights could be exercised, it also believes the Company entered into a good faith understanding to allow the billboard to remain until the location was needed for road purposes. NSP requests that removal of the billboard be postponed until road construction plans are confirmed, or until some planned event such as development of a recreational facility requires removal of the billboard. As soon as such confirmation is obtained, NSP would issue a 60 -day notice of intent to exercise its option to remove the billboard. 9. The construction trailer shall be removed within ten days following approval of the conditional use permit. Relocation of the trailer on the ash landfill site shall require conditional use permit consideration. Response: NSP desires to retain the trailer at the Landfill to serve this summer's construction. The proposed Landfill location is shown on Attachment 1. Immediately following the construction event, or no later than September 30, NSP would move the trailer to a storage location at the King Plant. NSP requests the City to authorize this relocation and temporary use of the trailer. Attachments 1. Site Plan View drawing showing proposed location of Storage Garage. 2. "Grant of Permanent Easement for Public Trailway Purposes ", between NSP and the City of Burnsville, June 3, 1996. 4 z a r ._ - /r ll7 0 U i 0 0 1 cn 0 z 0 o o s 0 0 Lri 0 iz F. z 8 0 co