HomeMy WebLinkAbout2002-08-13 CC Meeting Packet EnclosureRequester's Signature
Action Requested
Bac - round ustii ication
OaIz Park Heights
Request for Council Action
Meeting Date August 13, 2002
Agenda Item Title NSP/Xcel energy
Conditional Use Permit Compliance Issues
Time Required 5 Minutes
Agenda. Placement New Business
Originating Department /Requestor Community Development
KrOkDamLe-14-o-vt,
Receive Information and Provide Direction to staff
Please refer to the enclosed memo which summarizes the concerns of Mr. and Mrs. Doughert and
provides recommendations to the Cit Council. Also included for y our information and review are
copies of the Conditional Use Permit, referenced Planner's Memo's, correspondence from Mr. and
Mrs. Dougherty, the Cit Arborist, and an e communication from Councilmember McComber.
Please do not hesitate to call me at 439 4439 with any questions you may have
S : \S HARE D\Forms\COUNCIL ACTION REQUEST.doc
August 8, 2002
To:
1 4] 68 Oak Park B oulevard No, • P.O. Box 2007 * Oak Park Heights, MN 55082-2007 Phone: 6511439 4439 Fax 551 7 -• ••
14� �74
Kim Kamper,. Acting City Administrator
Mayor and city council Members
From Kris Danielson, Community Development Director
Y prr�ent Di
Re: NSP1Xcel finer ' ` . •
conditional Use Permit compliance Issues'
Please be advised that the 'City - •-
58th y was recently contacted by chuck and Judy Dougherty
of 'i 5830 58 Street worth to e their y
express their concerns associated with the - Xcel Energy ash facility. Since that�tirne 1 have g�
ve discussed these issues 'and concerns with Mr.
Dougherty and with Darrell Knutson of Xcel Energy.
In order-to • respond to these. con
cerns, City staff and consultants were asked to review Conditional Use Permit. For ev�ew
your review 1 have compiled these comments to
address the concerns raised by Chuck and Judy Y Doug htery.
Hours of - operation
The conditional use permit �t state J "all states under number 5, Noise that all construction
equipment shall be limited to operations. Monday through Friday, 7: t
� Monday 1 7:00 AM to 6.00
PM ". While the City Council rho • y wish to clarify this condition, it appears to apply to
the operation of construction equipment at the •
site and excludes other regular
business activities such as deliveries to the site, lawn mowing, site maintenance, etc.
The City's noise Ord inance ; item
also applies . in this case, which states under i•
business shall B " lVo
l operate on Sunday that emanates noise of i
a sufficient volume that will
disturb the peace, quiet, or repose of persons residential p p residing in any resi area " .
Dust Control
The Conditional Use Permit requires that • "shall • t at �cel Energy shall water the access roads
and site to control dust as necessary". As the
y control of dust is a regular part of
operations at the site, the City council ma. wish to ask sk Xcel Energy for a schedule or
plan for the control of dust at the site, with the
understanding that the control of dust is
largely impacted by weather conditions. It is important to note that other agencies,
such as the Minnesota Pollution control Agency g Y may also have a role in regulating the
control of dust at the site.
Tree City U.S.A.
Landscaping
The City Arborist has provided a summary of her assessment of the landscaping at
the site, which is enclosed for your review. In discussing this issue with Kathy Widin, it
appears that required landscaping elements have been complied with.
The Conditional Use Permit states that "landscaping and a fence shall be placed on
the northerly berm area of the ash disposal facility ". The landscaping installed has
consisted of the seeding of grasses. Ms. Widin notes in her memo, "there was
discussion at one time of landscaping the northerly berm on the site but with the
uncertain status of that portion of the property regarding Hwy 36, the bridge crossing,
and other issues, the berm has been seeded with only grasses at this time ".
Earlier this spring, Xcel Energy removed trees at the fly ash facility near the Dougherty
property. This tree removal did not require an amendment to the existing Conditional
Use Permit, only compliance with the City's Tree Protection Ordinance (1307). Xce1
Energy exercised their option of paying cash to the City ($1 4,200) in lieu of planting
trees at the site. As lbs. Widin notes in her memo, there are locations on the site
where additional trees could be planted although we are not aware of any plans to do
so at this time.
Stop Sign:
After discussing this issue with Darrell Knutson, it was noted that the stop sign
installation had not been completed. Based on this discussion, 1 was informed that the
stop sign would be installed the week of August 5, 2002 as well as a "five -mile per
hour" sign posted on site.
Recommendations:
Staff will send a letter to Xcel Energy reminding them that the operation of
construction equipment is limited to 7 :00 AM to 6 :00 PM, Monday through Friday.
Staff will request that Xcel Energy provide the City with a plan or schedule for the
control of dust at the site.
The conditional use permit requires Xcel Energy to "provide to the City periodic health
reports on air quality and health reports on fly ash ". Staff will request that Xcel Energy
provide us recent reports of the same.
Please contact me at 439 -4439 with any questions you may have.
Date: August 5, 2002
To: Mark Fritsch & Darrell Knutson
From: Chuck & Judy Dou erty
Re: Ash Pit
Mark & Darrell,
We were so grateful that you invited us to lunch to discuss the problems that Xcel
Energy's ash pit operations are causing our family and our business. You seem to
understand, that by your not operating according to your Conditional Use Permit, how
disruptive it has been for us. This house is not only our business and our way to support
our family, but also where our family lives, where our children play, eat, and sleep. You
seem to understand our concerns, and your offer to help solve the problems was very
refreshing. We took in good faith that you and Xcel Energy were going to make this
happen.
You can imagine how shocked and disappointed we were this Saturday, less than three
days since we met, at 6:00 in the morning we and our guests we're awakened by the loud
noise of heavy equipment being operated right outside our windows. This racket went on
for an Your and a half.
We are tired of being disrespected by Xcel Energy. You are leaving us with so few
options. We do not wish to go to court, but that is one option. The other is to formally
request that the City of Oak Park Heights review your Conditional Use Permit and since
you continue to violate its limits, to revoke it.
To: Oak Park Heights Mayor and City Council
Kimberly Kamper, City Administrator
From: Chuck & Judy Dougherty, 15330 58 SL. N., Oak Pak Heights, MN 550
Date: July 15, 2002
Re: Xcel Energy fly ash pit
Cc: Mark Fritsch, Xcel Energy
Darrell Knutson, Xcel Energy
Sen. L. Price, Sen. Michelle Bachmann
Rep. Eric Lipman, Rep. Mark Moisten
Kris Danielson
I met with Kris Danielson today and reviewed the Xcel Energy ale as it relates to the fly ash pit
operation. We have also been in contact with the State of Minnesota, and they suggested we keep
the local authorities informed of the landfill adivities also.
Xcel Energy has commenced large -scale earth moving activities to the west of our property. This
activity involves a substantial amount of noise, vibration, and the production of dust and dirt, which
is carried continuously onto our property and into our home.
After reviewing the city's file as it relates to the Xcel energy /A.S. King Ash Disposal Site, it seems
that Xcel Energy is in violation of the CUP with the city on a number of paints as follows:
Hours of Operation; Hours of operation shall be between 7:OOa.m. and 6:OOp.m., Monday through
Friday only. This weekend they were operating on both Saturday and Sunday July 13 & 14. There
have also been other times in the last few weeks where equipment has been delivered or picked up as
late as 11:00 p.m. and as early as S:OOa.m.
Dust Control; We have been inundated with dirt and dust blowing over from the Xcel Energy site.
We have video showing this. We live here with our four children and are very concerned about our
wellbeing from this dust and dirt. Two of our daughters are experiencing physical symptoms that
we believe are caused by this activity, including congestion, respiratory problems and headaches.
Landscaping; after reviewing the file it does not appear that Excel Energy has completed their
landscaping requirement, you may wish to have this reviewed.
Stop Sign; NSP/Xcel will also be required to add a stop sign at Beach Road so that trucks come to a
complete stop before leaving the property. This is a safety concern for anyone driving on Beach
Road.
The noise, vibration, proximity of heavy equipment, and flow of dirt and dust has made it so we are
unable to enjoy our yard and has harmed our business.
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
2002.
(Sea
NOTICE OF CERTIFICATION
Conditional Use
Variances Permits
For
Northern States Power Co.
ILP1
)51- \-) - 9 t,7‘
1, the undersigned, being duly qualified and acting as Secretary for the Community
Development Department of the City of Oak Park Heights, Minnesota DO HEREBY
CERTIFY that I have compared the attached document:
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same
is a full, true and complete copy of said document within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City of Oak Park Heights, this 2nd day of May,
J ,' e A. Hultman
Community Development Department
NWAC File No. 798- 02 -96 :08 Date Issued : March 14, 2000
Legal Description:
Ash Storage Facility
See Exhibit A@ Legal description attached hereto.
A.S. King Plant
See Exhibit B@ Legal description attached hereto.
Owner: Northern States Power
Address: 414 Nicollet Mali
Minneapolis, Minnesota
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE AND VARIANCE PERMITS
FOR
NORTHERN STATES POWER COMPANY
Present Zoning District: I- King 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
Al 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:
i•
f3
1. ASH FACILITY:
NSP has obtained permission from the City of Oak Park Heights to relocate the existing storage c,id
f
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 Planners Report is attached as Exhibit C.
3. A. S XINO PLANT
The addition of cooling towers proposed at a not to exceed 62 foot elevation/high is allowed per the
p
Planners 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 be 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 code.
13. Fencing
Ash Facility:
Perimeter and security fencing previously installed as approved by City Building Inspector shall . be
P
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.
C. Exterior Storage
Ash facility:
Ely ash in cell/storage as depicted in plans identified in October 16, 1 996 report only.
D. Chemical/Pollutant storage and disposal
None allowed except by MPCA 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.
H. Parking
Per approval plans as identified in October 16, 1996 NWAC report.
L 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. NSP will participate with the city on
Petro 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 rovisions
which provides �
P v des 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 building
code compliant. Other regulatory agency permits shall be acquired by the permit holder
as may be required.
�. y P
1. Traffic.
No increase in traffic will occur due to this expansion. NSP maintain traffic will n�a�ntaln normal
routes and frequency.
2. Leachate.
All leachate generated at the facility shall be disposed of directly into Oak Park Heights
. y gh s
sanitary sewer which shall be metered.
3. Access Roads.
Access entrance to the facility from Beach Road have been paved to specifications
City P p s
approved by the City Engineer.
4. Dust.
NSP shall water the access roads and site to control dust as necessary.
y
5. Noise.
All construction equipment shall be limited to operations, ons, Y through g 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 %
S0 �o
of the time for 1 hour.
7. Hauling Vehicles.
Shall not release liquids, dust or other material.
� aterial.
8. Wheel Washers.
Shall be installed at locations and specifications City } p �ficat�ons required by the ��ty Engineer.
9. Stormwater Drainage and Ponding.
Existing stormwater patterns are to be maintained. NSP has constructed a ondin
p g area at
eastern most point of the site in the manner specified by the Ci ty Engineer.
ineer.
10. Incorporation by Reference.
The Planner's Report and records to the city of Oak Park Heights dated October 1 1
g 1996
implemented be or has been mplemented in full by NSP. Said report is incorporated herein � m by
IN WITNESS WHEREOF, the parties have set forth their d seals.
Date: "ok "02
Date: 4. 11 t O
Date: I - � --
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 Planner's Report, and it
is the City Council resolution vacating those streets that governs, not the Planner's
Report.
B
avi Beaudet, Mayor
Thomas M. Melena
City Administrator
Northern States Power Company
Its j%S r QtAv yt
EXHIBIT A
Ash Facility Legal Deseription
Part ofNW 1/4 - NW '/4 Section 3, Township 29, Range 20 City of Oak Park Heights
Exhibit B
A.S. King Plant Legal Description
Govt. Lots 2 & 3, Section 2, Township 29, Range 20, City of Oak Park Heights
'HWEST ASSOCIATc.E, Z;ONSULTANTS
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
EXHIBIT C
TO: Tom Melena
FROM: Scott Richards
DATE: 10 March 20000
RE: Oak Park Heights — NSF Fly Ash Disposal Facility
Building Relocation
FILE NO: 798.02 — 99.23
Please be advised that the Planning Commission, at their March 9, 2000
meeting, voted to recommend the request for Conditional Use Permit for
relocation of the existing storage building at their fly ash disposal facility located
at 59 Street North and Peller Avenue. The building is to be relocated to a
location more central to the active area of the ash landfill and at an elevation
approximately 38 feet below the adjacent neighborhood which includes the
existing bed and breakfast facility.
Representatives of NSP were present to answer questions related to the request.
Chuck Dougherty, the owner of the bed and breakfast, spoke in favor of the CUP
and the proposed building location. He felt that the condition related to the trail
issue should remain as staff had recommended.
The Planning Commission recommended the CUP with the conditions listed in
the March 1 memo to Kris Danielson, except for condition 7 related to trails. The
Planning Commission felt that the language provided by NSP adequately
addressed the trail issue and expressed the continued cooperation between NSF
and the City in providing access through and to the potential recreational facilities
on the ash facility. The conditions as recommended by the Planning
Commission are as follows:
1. NSP shall relocate the storage building to the proposed location within the
lower portion of the ash disposal facility site. The CUP for the storage
building shalt expire by December 31, 2005 or NSP shall apply for an
amended conditional use permit for its relocation or reconstruction,
whichever occurs first.
2. NSP shall provide health reports on fly ash including air quality monitoring
reports as required by City staff.
5775 WAYZATA BOULEVARD, SUITE 555
ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 61 2-595-9837 E-MAIL NAG@ WINTERNET.COM
3. NSP recognizes that it contributes storm water runoff into the Perro Creek
watershed area. The City is in the process of gp
develo in plans for
p
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.
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
y
portable toilets to be placed on site shall be within the building.
5. Landscaping and a fence shall be placed on the northerly berm area of the
. Y
ash facility. All plans for landscaping and fences, including areas that
have been seeded as prairie and the berm area shall be subject to City
Arborist review and approval.
6. The access from Beach Road shall be paved by NSP with an asphalt
surface and extended at least 40 feet to facilitate tire cleaning. A stop sign
p n
intersection g
shall be installed at the ntersection by NSP.
7 NSP has indicated an obligation to work in good faith with the City in
. tY
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.
9 NSP shall be allowed to retain the construction trailer on the lower portion
. P
of the ash disposal facility until, but no later than, September 30, 2000. At
or before that time, NSP will be allowed to move the trailer to a storage
g
location at the A. S. King Plant.
pc: Kris Danielson
TO:
FROM:
DATE:
FILE NO: 798.02 — 00.05
5775 WAYZATA BOULEVARD, SUITE 555
PHONE 6 1 2-595-9636
NOR,HWEST ASSOCIATED CONSULTANTS
COMMUN PLAN N ING - DESIGN - MARKET RESEARCH
Tom Melena
Scott Richards
10 March 20000
EXHIBIT. D
RE: Oak Park Heights — NSP A.S. King Plat: Cooling Tower
Expansion Variance
The Planning Commission, at their March 9, 2000 meeting, voted to recommend
approval of the variance and site plan for the addition of cooling towers and an
electrical equipment facility at the A.S. King Plant. A variance is being requested
in that the cooling towers are proposed to be 61 feet in height. The building
height maximum for the!, Industrial District is 45 feet. Site plan and Design
Guideline review is also required for any major project requiring a building permit.
Representatives of NSP were present at the meeting. No adjacent property
owners were present for the public hearing.
The Planning Commission recommended the variance and site plan with minor
changes to the conditions of the March 1, 2000 planning report as follows:
. A variance is granted to allow construction of the towers to not more
than 62 feet in height.
2. Additional trees and landscaping or appropriate screening as agreed
to by the City Staff is provided between the cooling towers and the
man-made channel. Specifications and locations of trees and
landscaping shall be subject to review and approval of the City
Arborist
3. Written approvals are received from the Corps of Engineers,
Minnesota Pollution Control Agency, and the Department of Natural
Resources for the proposed NSP structures.
4. The City will not require conformance with the Design Guidelines for
the cooling towers and electrical equipment building.
ST. LOUIS PARK, MINNESOTA 5546
FAX 6 1 2 - 5 9 5 - 9 8 3 7
E-MAIL NAC WINTERNET.COM
5. The cooling towers and electrical equipment building shall comply with
all Uniform Building Code requirements subject to Building Official
approval.
6. Any other conditions of City staff, the Planning Commission, and City
Council.
pc: Kris Danielson
PLANNING REPORT
NORTHWEST ASSOCIATED CONSULTANTS
COMMUNITY PLANNING -• DES1GN - MARKET RESEARCH
TO: Oak Park Heights Mayor and City council
FROM: Cary Teague /Scott Richards
DATE: 16 October 1996
RE: Oak Park Heights - NSP Site - Rezoning /CUP /A.S. King Ash Disposal
Facility Modification /Street Vacation
PILE NO: 7'98.02 - 98.08
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 1, 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 55416
PHONE 6 1 2-595 -9636
FAX 6 1 2- 595 -9637
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 Resid ?ntial,
therefore, the applicant is requesting a rezoning of this area to 1, 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.
Qomprehensive 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
North Highway 36 /Residential on
North side of Highway 36
Conditional Use Permit
South Valley View Park (wetland) 0-Open Space
West Industrial (Existing NSP Site) 1, 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 and to the north, south and west. If the landscaping /buffering area adequately
screens the NSP site from the residential homes to the east, the proposed use should not
negatively effect the character of the area.
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
Zoning
R-2 Low &Med. Dens. Res.
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
adversel y surrounding property. affect surroundin erty. said grading plan shall be subject to review
p
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. ' 936 Jana 1991
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 lans. The slag excavated is to be utilized in accordance with NSP's current
p g
slag g 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 .m. Monday through Friday. Therefore, the established MPCA noise levels must be
P
net at the excavation site boundary. Said MPCA levels are as follows: 65 decibels cannot
be exceeded 10 p ercent 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
�. transportation.
C. A wheel washer shall be required, and approved by the City Engineer/Washington
County Engineer.
�3ui1din Dernolition /Utilit 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 Ma 1997 - se t 1 997„
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
the site will be unproved.
stated that the construction and operation of the ash
Site ���at�a,gre. The applicant has uta l�
disposal facility physically ' ` will not alter the natural drainage system. A ponding area is
easternmost point of the site
ro cued in the e (See Figure 1 in the Site Development Plan). p
p p .
Said Plans shall be subject to review and comment of the City Engine er and Browns Creek
Watershed District.
MNDOT closure of Phase 1 Area Jude 1997 Aug. ° 917)
Closure of this area (shown g ` 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
. p
includ g� grading the excavation of sla rading 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
y
place part as art of the Trunk Highway 36 realignment.
Additional Issues
City Frontage Road: Figures As shown in Fi ures `i and 2 of the Proposed Site Development
Plan, a frontage road will be constructed south of the realigned Highway 36. This road will
be looted within the property � e.NSP boundary, and is scheduled for construction in 1998.
�
g
The road construction
cannot begin until the Closure of Phase 1 Area has been completed
by MNDOT and dell 1 has been constructed. This frontage road will connect lower Oak
Park Heights to portion the eastern ortion of Oak Park Heights and result in traffic no longer
going through Lower Oak Park Heights to get from Bayport to Highway 36.
h rou h g
has indicated on its landscape Cover Park: NSP h e plan, screening of the NSP site within p
City Cover Park. However,
if the Cit 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. City . The Cis Council should address this issue further as a part of this
approval.
Landsca{aing. The applicant has submitted a detailed landscape plan, as shown in Exhibit
F. The buffer planting provides an acceptable rovides table amount of landscape screening to the west,
p
e basic planting design south and northeast. The p g provides a line of evergreens along the g p
e over story trees on the west and north
with ornamental and large buffer planting border, g
side of the residence. Although h the amount of screening is sufficient, the plant material
zone lacks variety in regards for the buffer z Y ards to the species and growth habit. This g
tremendous opportunity buffer area offers a pp y to create a naturalized area and provide
e, Under story plant material
habitat for w�ldl�f rY (shrubs) should be added to the landscape p
8
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 NSP 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 effort 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 Techne y 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 itation 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 1 997, 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 facility expansion faci l it ex ansion 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 alley contained 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
withirrthe NSP . property boundaries.
With
Street: with the exception of #2 above, these street s are located entirely within the
59th the City. Concern
will not serve as a connection to any other roadway within th Y
NSP site, and will n
of 59th Street as is may serve as an entrance to Cover
is raised regarding the vacation
the City may wish to construct a
Park. As mentioned previously, Y Y parking lot along the .
therefore, access to this parking lot would occur off
northern boundary line of cover Park, ,
it is recommended 59th Street. Therefore, i ecommended 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,
Y
58th Street will become a dead
end roadway. Therefore, in order for emergency vehicles
City a turnaround at the end of 58th Street, the applicant must
and city snow plows to make .
the end of 58th Street. Therefore, the applicant shall submit
construct a cul-de-sac at th .
• for construction of this cul-de -sac. Said plans shall be
construction to the city f
subject
'ect to review and approval of the City Engineer.
RECOMMENDATION
Conditional Use Permit & Rezoning
our office recommends the City Council approve the
Based upon the preceding review,
rezoning of the subject NSP
site from R- Low and Medium Density Residential
proposed . f mining Industrial approval of the conditional use permit for g and and reclamation, and
to � pp November, 1995. Said
• i ' for the A.S. Kin
modification f r g Ash Disposal Facility Plan dated N
approval shall be subject to meeting the following conditions:
e under story plant
a revised landscape plan to include � . The applicant shall submit p P
material (shrubs) throughout the buffer area, and include additional landscaping
north of the existing residence per Exhibit F.
An erosion control plan shall be submitted for review and approval by the City
Engineer.
`
be subect to review and approval of the City Engineer.
3. The final grading plan shall �
4. The disconnection and relocation of utilities shall be subject to review and approval
of the City Engineer.
be permitted to operate Equipment will not b erate between 6:00 p.m. and 7:00 a.m. p p
Monday y Through Friday, nor or at any time on Saturday, Sunday or legal holidays.
8
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.
a 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.
la 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.
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 cut-de-sac shall be reviewed and approved by the City
Engineer.
pc: Mike Robertson
Mark Vierling
Joe Anderlik
Scott Thomas, NSP
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TO:
FROM:
DATE:
V.,•••••••••••••••■••••••./■•••■••••••••••,,,....•••..,.......-... ...••• •...•.•.
- 11ORTHWEST ASSOLHAI ED CONSULTANTS
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
Tom Melena
Scott Richards
10 March 20000
EXHIBIT C
RE: Oak Park Heights — NSP Fly Ash Disposal Facility
Building Relocation
FILE NO: 798.02 — 99.23
Please be advised that the Planning Commission, at their March 9, 2000
meeting, voted to recommend the request for Conditional Use Permit for
relocation of the existing storage building at their fly ash disposal facility located
at 59 Street North and Peller Avenue. The building is to be relocated to a
location more central to the active area of the ash landfill and at an elevation
approximately 38 feet below the adjacent neighborhood which includes the
existing bed and breakfast facility.
Representatives of NSP were present to answer questions related to the request.
Chuck Dougherty, the owner of the bed and breakfast, spoke in favor of the CUP
and the proposed building location. He felt that the condition related to the trail
issue should remain as staff had recommended.
The Planning Commission recommended the CUP with the conditions listed in
the March 1 memo to Kris Danielson, except for condition 7 related to trails. The
Planning Commission felt that the language provided by NSP adequately
addressed the trail issue and expressed the continued cooperation between NSP
and the City in providing access through and to the potential recreational facilities
on the ash facility. The conditions as recommended by the Planning
Commission are as follows:
NSP shall relocate the storage building to the proposed location within the
lower portion of the ash disposal facility site. The CUP for the storage
building shall expire by December 31, 2005 or NSP shall apply for an
amended conditional use permit for its relocation or reconstruction,
whichever occurs first.
2. NSP shall provide health reports on fly ash including air quality monitoring
reports as required by City staff.
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5 54 1 6
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 E-MAIL NAC@ WINTERNET.COM
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.
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 site shall be within the building.
5. Landscaping and a fence shall be placed on the northerly berm area of the
ash facility. Alt plans for landscaping and fences, including areas that
have been seeded as prairie and the berm area shall be subject to City
Arborist review and approval.
6. The access from Beach Road shall be paved by NSP with an asphalt
surface and extended at least 40 feet to facilitate tire cleaning. A stop sign
shall be installed at the intersection by NSP.
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.
9. NSP shall be allowed to retain the construction trailer on the lower portion
of the ash disposal facility until, but no later than, September 30, 2000. At
or before that time, NSP will be allowed to move the trailer to a storage
location at the A. S. King Plant.
pc: Kris Danielson
KrisDanielson, 818/01 30 AM -0500 Xcel Energy Fly Ash •
- Landscaping
.............. ...............................
......... .............
To: KrisDanielson
From: "K. D. Widin" <kwidin @m nmpcc a org>
Subject: Xcel Energy Fly Ash Landfill - Landscaping
��`
Bcc
K- Attachments:
Kris -
I have reviewed the landscaping history of the fly ash site and have attached several memos I
wrote regarding the landscaping in the past several years. I have also attached a copy of pertinent
information contained in the NSP Response to the 2/3/00 QPH Planning Report concerning various issues
regarding the fly ash landfill. Landscaping which was part of the agreement with the City dating back
to 1996 has been planted to the north and west of Cover Park Manor. The trees and shrubs are, for the
most part, in good condition. Approximately 6 dead or dying trees should be replaced based on the
inventory of the 1997 landscaping which I did this year. There was discussion at one time of
landscaping the northerly berm on the site but with the uncertain status of that portion of the
property regarding ,gip 36, the bridge crossing, and other issues, the berm has been seeded with only
grasses at this time. To my knowledge, Xcel has not proposed any further plans for landscaping the
There is room for a few additional trees to be planted west of the cul-de-sac. Planting
additional trees on Xcel property as a buffer to the residential neighborhood could also be
considered; however, as of this date, there are no plans either by Xcel Energy or by the City to add
additional landscaping to the site. If you have any questions regarding this matter, please contact
me.
Kathy Widin
Municipal Arborist
City Of Oak Park Heights
ICrisfanielsuu, 7/27/02 9 :31 PM -0500, Xcel Energy Fly Ash Site - Dougherty
To: KrisDanie1son
From: "K. D. Widin" <kwidin @nTmpcc . org>
Subject: Xcel Energy Fly Ash Site - Dougherty
Cc:
Bcc:
X-Attachments:
Kris -
Z visited the Xcel Energy site near the cul-de --sac by Chuck Dougherty's house and viewed the
landscaping /tree removal. The tree removal on the slope has been completed and was done per the
plans. The existing landscaping is still there and there were no plans to do additional landscaping.
Xcel paid 'cash in lieu' instead and the City has the option to plant more trees there or elsewhere.
There is room for several more trees between the cul-de -sac and the slope to the fly ash pit. Let me
know what would be appropriate in this circumstance. I can meet with Chuck also regarding this
matter.
Kathy
Printed for "KR Widin" <kwidin m 1"Impcc.org
1
rani i on /1 2 ` :: '
�� ea � xF� ��;
To: KrisDani on
From: "K . D . Widin" <kwa din @n npcc @ org>
Subject: Xcel Energy Fly Ash Landfill - Tree Removal
Cc:
Bec
X- Attachment s
Kris -
Kathy Widin
Municipal Arborist
City of Oak Park Heights
9- .11L1st
As requested, I have reviewed the tree inventory, proposed tree removal and the 1997
landscape planting and plan for the ash landfill, in regards to the Tree Protection Ordinance for the
City of Oak Park Heights (1307). According to the tree inventory, 592 inches of significant trees
(mainly red /pin oak) are proposed to be removed in order to fill in the south area of the landfill
There are 1475 inches of significant trees on the whole site The tree replacement calculation (-1O%
credit for leaving more than 50% of the significant trees on the site) is 284 inches. This would
equal 142, 2 inch diameter trees. In 1997, 135 trees were planted from the 58th St. cul-de-sac,
around the back of Cover Park Manor and into Cover Park to screen the landfill from the adjoining
residential properties. This screening was a condition of the conditional use permit granted to NSP
in 1996 by the City of Oak Park Heights (reference OPH Planning Report dated 10/16/96 from Scott
Richards, city Planner, Northwest Associated Consultants). These trees were planted several years
prior to the City adopting the Ordinance 1307 and would not satisfy the tree replacement requirement
for the current project.
As stated in Ordinance 1307, replacement trees are to be planted on site or elsewhere within
the City. Instead of tree planting, the applicant also has the option of paying cash in lieu of
planting. Fifty dollars ($5O .) per diameter inch is the figure which will be used to determine cash
payments for tree planting. Two hundred and eighty -four (284) replacement inches at $54. per inch
would equal $14,200.. It is my understanding that payment would need to be made to the City prior to
on -site tree removal in order to complete the approval process
cc: Scott Richards, NPC, Planner, City of OPH
Mark Vierling, City Attorney, City of OPH
Judy Hoist, Finance Director, City of OPH
Sharon Sarappq, xcel Energy
i
„NAL
r::
Printed for "KM. Widin" <kwidin@ mmm.pee.orgg 1
nac winternetecoin,2 /2 /OO 40600,Scott Richards - copy i' P memo
To: nac @winternet.com
From: "K . D . Widin" <kwidin @mrnmpcc . org>
Subject: Scott Richards - copy NSP memo
Cc:
Bcc:
X-Attachments:
2/2/00
Kris --
I have reviewed the plans which the City of Oak Park Heights has received to date for the NSP
Fly Ash Landfill. Since the pole building will be moved to a less prominent location on the site,
which will be screened in part by topography, it does not appear that NSP will need to put in
landscaping to screen that structure. Regarding other landscaping for the site, I would like to see
planting detail for the long berm which runs NE-SW through the site and which will serve a screening
function for the still active portion of the landfill. I would also like a list of the plant species
which were seeded in the "prairie" area in the SE portion of the site Plans for other site
landscaping would also be helpful.
Kathy Widin
Arborist
City of Oak Park Heights
Printed for "K D. Widin" <kwidin @mmmpec.org>
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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 i 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 HWY 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.
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It will be difficult to establish any mature or eventually massive vegetation on
Y � the
berms. The, berms are located above the landfill cap. The cap must be well-
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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
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MPCA. In spite of these limitations, NSP believes a vegetation plan can be
developed that will support prospective uses of the site. NSF will engage the
City Arborist is developing this plan, but the Company must retain final approval.
Kris Danielson
From: Kim Kam per
Sent: Thursday, August 01, 2002 8:36 AM
To: Kris Danielson; Scott Richards
Subject: FW: Xcel flyash/Chuck Dougherty
Here is a message that 1 received from Mary concerning Chuck's concerns. It may be helpful as we prepare our
response.
Original Message
From: Marymccomber@aol.com [mailto :Marymccomber a@7aol.com]
Sent: Wednesday, July 31, 2002 5:41 PM
To: Kkamper@cityofoakparkheights.com
Subject: )(eel flyashlChuck Dougherty
Kim,
I talked to Judy and Chuck Dougherty this morning. They were meeting Darryl
Knutson for lunch today to talk about their issues.
Talked to Darryl this afternoon. He said they are changing the routing of the
trucks to minimize the dust. They will be installing a stop sign as well as
speed limit signs of 5mph for the trucks on the sight.
He said he had received a call from Jay Johnson about the trucks cutting the
corner too close and breaking down the curbing. They will be moving large
boulders at the entrance to encourage the trucks to avoid the curbs.
As far as after hours loading of equipment, because MnDot will only allow them
to move heavy equipment in non - business hours, they will still move the heavy
equipment, but they came to an agreement with the Dougherty's that all the
equipment will be loaded during the day and then be able to just pull out after
dark so as to minimize the noise and dust.
Mary
The landscaping still seems to be an issue for the Dougherty's. Darryl thinks
Xcel has met their requirement for the landscaping and aren't sure how much
more Dougherty's may need. I suggested to both Darryl and Chuck that
possibly Kathy Widin could meet with them to try to straighten this out. If you
think this would help, would you mind forwarding that on to Kathy.
Darryl also received correspondence from Government Affairs /Michelle Bachman's
office about the issue and he talked to her aide, Jamie, and has sent them the
same information.
The last issue is the watering trucks. They need to be watering in order to keep
the clay moist and the dust down. If any watering needs to be done on the
weekends, Darryl will contact the city as he has done in the past.
8/1/02
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Hope this answers some of your questions. Should you have any more, call me.