HomeMy WebLinkAbout03-11-2010 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS
THURSDAY, MARCH 11, 2010
PLANNING COMMISSION
b
REGULAR PLANNING COMMISSION MEE`T'ING AGENDA
7 ®00 P.M.
7:00 p.m. Io Call to Order
Fstiinated thnes
IIa Adjourn to Annual Meeting
III® Call Annual Meeting to Order (1)
A. Chair Wasescha and Commissioner Liljegren Terms Culminate May 31, 2010
B. Elect Chair & vice Chair
Iv® Adi ourn Annual Meeting & Reconvene Regular Meeting
V. Approval of Agenda
VIs Approval of February 11 2010 Minutes (2)
7 :05 p.m. VII0 Department 1 Commission Liaison 1 Other Reports
VIII® visitors /Public Comment
This is an opportunity for the public to address the Commission with questions or concerns on issues not part
of the regular agenda. (Please limit comments to three minutes)
7:10 p.m. IX. Public Hearings
A. xcel Energy — Moelter Fly Ash Site: Public Meeting for Presentation of
Information by xcel Energy Relating to the Closure of the Moelter Fly Ash
Disposal Site. (3)
7:40 p.m. X. Old Business
X1. New Business
IL Informational
A. Upcoming Planning Commission Meetings
April 15, 2010 7:00 p.m. (Council Chambers)
May 13, 2010 7:00 p.m. (Council Chambers)
June 10, 2010 7:00 p.m. (Council Chambers)
B. Council Representative March ---- Commissioner Wasescha
April — Commissioner LeRoux
May -- Commissioner Powell
7:45 p.m. X111. Adj ournment.
Cit of Oak Park Hei
5NC LO8URE
Memo
To: Plannin Commission
From: Julie Hultman
Date: March 4, 2010
Re: Annual Meetin Commissioner Terms and Officer Election
The Plannin Commission B have been attached for y our convenience and use.
Commissioner Terms:
Jennifer B Currentl completin first full three y ear term culminatin Ma 31, 2012.
Chuck LeRoux: Currentl completin second full term, culminatin Ma 31, 2012.
Mike Lilje Currentl completin second full term, culminatin Ma 31, 2010.
Mark Powell: Currentl completin first full term, culminatin Ma 31, 2012.
Warren Wasescha: Currentl completin second full term, culminatin Ma 31, 2010.
Commissioners Lilje and Wasescha, both are completin their second full 3- terms as
Plannin Commissioners.
Plannin Commission B Article 3, Section C, Terms state that:
"The five members of the Plannin Commission shall be appointed b the Cit
Council. All such appointments shall initiate and be established b resolution of the
Cit Council. The terms of each member shall be for three y ears with initial terms
bein sta b the Cit Council resolution of appointment, unless extended b
special order of the Cit Council for a period of one y ear; no member shall serve
more than two consecutive terms on the Plannin commission.
Members Lilje and Wasescha have been contacted re the culmination of their second
full terms on the Plannin Commission and their interest in seekin special order of the Cit Council
for a term extension of one y ear. Commissioners Lilje and Wasescha should declare whether
or not the wish to seek an extension order from the Cit Council at the Annual Meetin on March
11, 2010.
' City of Oak Park Heights
Election of Chair and Vice Chair.-
Planning Commission Bylaws Article 4 Officers, Duties and Election of Officers, section D, which
states:
"Terms. The Planning Commission officers shall be elected from among its appointed
members for the term of two years. No member shall serve as Chairperson or Vice-
Chairperson for more than two consecutive terms. The election GheU occur atthe
Planning Commission's annual meeting."
Chair and Vice Chair were elected at the 2009 Annual Meeting for a period of two years, running '
from March 2009 to March 2011. Commissioner Vasoscho was elected as the Chair and �
Commissioner Bye oa the Vice Chair.
If Warren seeks and receives o one year extension to his temm, he may remain as the Chair until
the March 2011 Annual Meeting.
In accordance with the above information, I respectfully request the following Commission
actions
Commission Terms
(1) That Commissioners LiUognan and VVaseoohe acknow that that their terms will be
complete and their standard eligibility to serve on the Planning Commission exhausted, and
declare whether or not they desire to seek City Council order for e one year term extension; �
and '
(2) Recommendation be made to the City Council, if appropriate, recommending order for one /
year term extension those Commissioners seeking such order. resulting in their terms �
being extended from May 31.2O1Oto May 31.2O11;and
(3) If direction to advertise v�oenoioe, with an application deadline
!
!
being established; and �
(4) If advertisement directed, scheduling of o dote and time for Commission applicant |
interviews and Cornnmiooionervolunteer(o) designated to partake in the interview process. |
|
E]����/��-of����'�-�~d-\/'ce-��ha� � (5) That, in the event e one year extension is sought by [)onnrniosiunerVVeseooho, who is .......
currently serving in elected capacity as the Planning Commission Chair until March 2011
and granted by the City Council, election of officers would occur et the annual meeting in
2011.
If ConnnniaaionerVVaoescho seeks and is not granted a one year extension by the City
Couno||, the annual meeting shall be reopened and election of Chair and Vice Chair shall
occur ot the April, 2O1O Planning Commission meeting. �
�
/
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CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION BYLAWS
ARTICLE 1 - ORIGIN AND POWERS
A. Authorization. The Cit is authorized and empowered to establish a Plannin
Commission b the provisions of Minnesota State Statutes 462.354.
B. Establishment. The Plannin Commission was created in an advisor capacit
b action of the Oak Park Hei Cit Council on April 14, 1998 b the adoption
of Ordinance 210 and the amendment of Section 401, the Oak Park Hei
Zonin Ordinance.
ARTICLE 2 — DUTIES AND OBJECTIVES
A. Advisor Capacit The Plannin Commission is desi to serve in an
advisor capacit to the Oak Park Hei Cit Council.
B. Ob The objectives of the Plannin Commission are to make
recommendations to the Cit Council which will g uide the development of land,
services and facilities within the Cit so as to promote the public health, safet
and g eneral welfare.
C. Public Hearin The Plannin Commission shall hold public hearin for
variances, conditional use permits, subdivisions, PUD permits, and other
applications to the Cit in accordance with the Cit Zonin Ordinance and shall
make recommendations on said applications to the Cit Council.
D. Special Public Hearin The Plannin Commission ma hold such public
information hearin as the Cit Council deems necessar and ma make
recommendations on applications for buildin permits or site plan review when
re b the Cit Council.
ARTICLE 3 — MEMBERSHIP
A. Votin Members. The Plannin Commission shall consist of five citizen
members who are eli voters residin within the Oak Park Hei Cit limits
and who are appointed b the Cit Council.
B. Ex-Officio Members. There shall be a city council person designated by the
Mayor, with the consent of the city council, to be a liaison to the Planning
Commission. Such city council person shall serve without voting power and in a
capacity as ex- officio to the Planning commission. The Mayor, with the consent
of the city council may also appoint non - voting, ex- officio members to represent
other groups or organizations from the community.
*C. Terms. The five members of the Planning commission shall be appointed by the
City council. All such appointments shall initiate and be established by resolution
of the city council. The term of each member shall be for three years with initial
terms being staggered by the city council resolution of appointment, unless
extended by special order of the city council for a period of one year; no
member shall serve more than two consecutive terms on the Planning
Commission.
*D. Absenteeism. If any voting member fails to attend three consecutive meetings
or a total of four meetings (or 25 percent) during the calendar year, the city
Council shall be notified with a recommendation by the Planning commission.
Planning commissioners shall notify the chairperson or city staff when an
absence if anticipated.
E. Removal. Any member of the Planning Commission may be removed at any
time by a four - fifths (415) vote of the city council with or without cause.
F. Compensation. compensation of Planning commission members as selected
by the city council shall serve without compensation except as otherwise
established by resolution of the city council.
G. Training. The chairperson and the city staff shall meet with each new
Plannin g Commissioner to explain Planning commission procedures. within the
first year of appointment, each new Planning Commissioner shall attend a
Government Training Service, Planning commission training session at city
expense.
H. Resignation. A member who wishes to resign shall submit a written
resignation to the chairperson, who shall in turn forward the same to the city
Council.
1. Vacancies. Vacancies occurring within the Planning commission shall be filled
for the balance of the appointment by the city council.
Amended June 6, 1999
2
ARTICLE 4 — OFFICERS, DUTIES AND ELECTION OF OFFICERS
A. Officers. The officers of the Plannin Commission shall be Chairperson and
Vice-Chairperson.
B. Duties of the Chairperson. The Chairperson shall preside at all meetin
appoint Plannin Commission members to committees, appoint Plannin
Commission representatives, rule on procedural q uestions (subject to reversal b
a two-thirds (213) vote of those members in attendance), meet with all newl
appointed members, exercise the same votin ri as other Plannin
Commissioners and carr out such other duties as are assi b the Plannin
Commission or b the Cit Council.
C. Duties of the Vice-Chairperson. The Vice-Chairperson shall act in the
absence or inabilit to act of the Chairperson, and in such instances shall have
the powers and functions of the Chairperson.
D. Terms. The Plannin Commission officers shall be elected from amon its
appointed members for the term of two y ears. No member shall serve as
Chairperson or Vice-Chairperson for more than two consecutive terms. The
election shall occur at the Plannin Commission's annual meetin
E. Vote. Candidates for office receivin a majorit vote of the entire membership
( three-fifths ( 3/5)), shall be declared dul elected.
F. Date of Office. Newl elected officers shall take office at the annual meetin in
March.
G. Vacancies. Vacancies occurrin in the offices of the Plannin Commission
shall be filled immediatel b the above election procedure.
ARTICLE 5 — MEETINGS
*A. Annual Meetin An annual or meetin shall be held the second
Thursda in March of each y ear. Election of officers shall be conducted at that
time.
Re meetin of the Plannin Commission shall be
*13. Re Meetin
held at 7:00 PM on the second Thursda of each month in the Cit Hall Council
Chambers. The re meetin date of the Plannin Commission ma be
chan b resolution of the Cit Council.
Amended December 28, 1999
3
C. Special Meetin Special meetin ma be called at the discretion of the
Chairperson, after consultation with Cit staff.
D. Notice of Meetin Notice in writin of all re and special Plannin
Commission meetin settin forth the time, place and a of such
meetin shall be mailed b the Cit staff to all Plannin Commission members
at least five da in advance of each meetin
E. Site Investi Prior to each meetin all Plannin Commission members
shall endeavor to visit an properties to be discussed at the meetin
F. Plannin Commission Representative at Cit Council Meetin Each
Plannin Commission member shall in turn represent the Plannin Commission
at re Cit Council meetin
ARTICLE 6 — PRE-MEETING PROCEDURES
A. A The a for each meetin of the Plannin Commission shall be
developed in writin b the Cit staff and shall be available at the Cit Hall prior
to each meetin
B. Withdrawal. If a petitioner or applicant desires to withdraw a matter from an
a such re must be submitted to the Cit staff in writin and if an
public notice has been g iven, all persons appearin at the noticed hearin on
said petition or application shall be entitled to be heard.
ARTICLE 7 — PUBLIC HEARING PROCEDURE
A. Time. The time of each public hearin shall be stated on the a and no
hearin ma be before this time. Each hearin shall be as soon as
possible after this time.
B. Presentation. If a public hearin is re for a re b a petitioner, the
petitioner or an appointed representative shall state the re explain the
proposal and answer q uestions of the Plannin Commissioners. If no petitioner
is involved, the Chairperson or the Cit staff member shall explain the purpose of
the hearin The Chairperson ma impose reasonable restraint upon the number
of times one individual ma speak.
4
C. Termination of Hearin The Chairperson ma close a public hearin after
hearin those present who care to speak, or an member ma move to continue
the public hearin until a specified date. If a hearin on the petitioner's re is
closed, the Plannin Commission shall make a recommendation to the Cit
Council within 30 da followin the close of the hearin If a hearin is
continued, mailed notices of the continuation ma be re b an votin
member.
ARTICLE 8 — MEETING PROCEDURES
A. Rules of Order. Unless otherwise specificall desi Roberts Rules of
Order as most recentl revised, shall g overn the meetin procedure.
B. Quorum. A majorit of the votin membership (three-fifths (3/5)) shall
constitute a q uorum for meetin purposes.
C. Conflict of Interest. Whenever a Plannin Commission member shall have a
direct or indirect personal or financial interest in an application or petition before
the Plannin Commission, that member shall declare such interest and excuse
himself/herself from the discussion and vote.
D. A The order of business at re meetin g enerall y shall be as
follows:
1 Call to order.
2. Roll call of members.
3. Approval of the minutes of the previous meetin
4. Public hearin
5. Informational hearin
6. Old business.
7. New business.
8. Ad
E. Appearance of Petitioner. No application or petition shall be g iven final
approval unless the applicant or petitioner appears personall or b
representative at the hearin called thereon, or unless he/she makes satisfactor
explanation or presentation in lieu thereof.
F. Tablin A tablin motion, if passed, has the effect of la a matter over until
the next re meetin unless otherwise specified.
5
G. Reports. An matter may be tabled for a technical report or study which the
p v v
Plannin g Commission ma y make or request of the petitioner, the City staff, the
City Attorn v � the C E or other sources. Such report shall be presented
to the City staff for forwarding to the Planning Commission at least five days prior
to the meeting at which said matter will be heard again.
H. Non-Agenda Matters. No binding or final action may be taken on any matter
not on the written agenda except by unanimous vote of the members in
attendance or four - fifths (415) vote of the entire membership.
AR TICLE — COMMITT
A. Planning Co
r�nllssion Committees. The Planning Commission may establish
committees of its own membership for a specific purpose and duration.
B . Ad floc Committees. The Planning Commission may request that the City
Council appoint other members of the community to Ad Hoc Commission
committees, which may be created by the Planning Commission for a specific
and duration. At least one voting member of the Planning Commission
purpose
also shall be appointed to each such committee.
AR TICLE 10 - RECORDS
s. The City shall s a secreta at all regular and special meeting of
A. note v ppv �
the Plannin g Commission who shall be responsible for taking full and complete
minutes and record all such meetings. The City staff shall be responsible for
keeping n g a record of all Planning Commission resolutions, transcriptions, minutes
p
and findings.
B. Open g
en Meetings. All meetings shall be a platter of public record.
SAPianningTyfaws.doc
6
EN 2
CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING MINUTES
THURSDAY, FEBRUARY 11, 2010
L Call to Order: Chair Wasescha called the meeting to order at 7:00 p.m. Present:
Commissioners Bye, LeR oux, Liljegren, and Powell; City Planner Richards and
Commission Liaison Abrahamson. Absent: City Administrator Johnson.
IIe Approval of A enda a Commissioner Powell, seconded by Commissioner
. ..................... .... ... ..... ..... ...... ..............,.
Lilj egren, moved to approve the Agenda as presented. Carried 5-0.
ember l0 2009 Minute a Commissioner Powell seconded b �' .. . ........ .. ................... ... IIIa Approval ..:. �� ..,....�..... ..
... ....... ...... ... ............... ..... Commissioner Bye, moved to approve the Minutes as presented. Carried 5 -0.
Iva De partm ent /Council Liaison Rel�® None.
V. visitors /Public Comment: None. ...... .. ............................ ....... . .. ......
vI® Public _ Hearings
A. Continued -A Zoning ordinance Amendment: To consider• an amendment to
Zoning ordinance Section 401.16 adopting revisions to the Design
Guidelines and 401.15.0.8 related to building type and construction.
City Planner Richards noted joint work session held with the City
Council prior to the meeting and discussed the progress made over the
past several months toward establishing Design Guidelines and building
standards to achieve better quality design and construction within the
City of oak Park Heights.
Chair wasescha, seconded by Commissioner Powell, moved to forward
the documents as prepared by City Planner Richards and recommend the
Cit y Council approve amendment to Zoning ordinance 401.16 adopting
revisions to the Design Guidelines and amendments to Zoning ordinance
401.15.0.8 related to building type and construction.
Carried 5-0.
vII. Old Business: None.
Planning Commission Meeting Minutes
February 11, 2010
Page 2 of 2
VIII® New Business'.
.............. ........................ .. . ... . A.cel Enemy — Moelter Fly Ash Site: Set date & time for public
informational hearing.
Cit y Planner Richards noted that City staff has had conversation with Xcel
Energy relative their providing a public information presentation at the
March 11, 2010 Planning Commission regarding the close out of the
Moelter Fly Ash site, anticipated to occur in late 2010 or early 2011.
Richards added that xcel Energy had provided such a presentation to the
City Council and that the City has received a substantial contribution from
Excel Energy for post closure part{ development at the site. Brief
discussion ensued as to possibilities for a park at the site and its proximity
to valley Vieux Park. Commission Liaison noted some of the potential
amenities that have been discussed by the Parks Commission.
Chair wasescha, seconded by Commissioner Lilj egren, moved to set the
public information hearing as part of the regular March 11, 2010 Planning
Commission meeting agenda.
Carrie 5-0.
Ix® Informational:
__ ... _.......
A. Upcoming Planning, Commission Meetinvs:
March 11, 2010 7:00 p.m. (Council Chambers)
April 15, 2010 7:00 P.M. (Council Chambers)
May 13, 2010 7:00 p.m. (Council Chambers)
B. Council Representative:
February Commissioner Bye
March Commissioner wasescha
April Commissioner LeRoux
X. Adiournment:
Commissioner Powell, seconded by Commissioner Bye, moved to adjourn at 7:12
p.m. Carried 5 -0.
Respectfully submitted,
Julie Hultman
Planning & Code Enforcement officer
Approved by the Planning Commission:
FiNGLOSURE P3
NORTHWEST ASSOCIATED CONSULTANTS.. INC.
4800 Olson Memorial Hi Suite 202, Golden Valle MN 55422
Telephone, 763.231 .2555 Facsimile: 763.231.2561 planners@nacplannin
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: December 17, 2009
RE: Oak Park Hei — A.S. Kin Ash Disposal Facilit
Review of Files and Final Approvals
FILE NO: 798.04 — 09.06
As per y our re I have reviewed the NAC files as well as the resolutions and
conditional use permits on file at the Cit re the A.S. Kin Ash Disposal Facilit
Please find as follows a brief histor of the approvals and reports concernin the ash
disposal facilit
1. The first mention of the ash disposal facilit in NAC files is an April 6, 1979 letter
from the Minnesota Pollution Control A to Northern States Power Compan
(NSP) providin the conditions for operation of the ash disposal facilit (see
attached) .
2. In 1995, NAC was asked to provide an evaluation of the issues related to
reclaimin the ash disposal site for commercial or industrial use. The memo
provides some of the land use, access, utilit and Comprehensive Plan issues
(see attached).
3. In 1996, Northern States Power re a conditional use permit to expand the
A.S. Kin Ash Disposal Facilit The primar reason for the expansion was to
accommodate the proposed reali of Hi 36 and the associated
ramps and fronta road for the project. As part of this re NSP also asked
for a Comprehensive Plan amendment, rezonin and vacation of roadwa that
had been platted within the proposed project area. There were four q uad-t y pe
apartment structures and two residential homes that were removed as part of the
project. The conditional use permit, vacation and rezonin were approved in
November 1996. The Comprehensive Plan amendment was approved in
Februar 1997. The Cit is reviewin its files for the ori conditional use
permit for this action. The draft b Mark Vierlin 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 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. ling
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. Ding 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 Cit y 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
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 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 replant and maintain trees, according to a plan approved by the
City Arborist, to satisfy the city's tree replant 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
U1/23/97 13:23 ECKBERU LRW FIRM NWRC NU.415 P002
CITY OF OAK PARK H13:kxn.L_ S
CONDITIONAL USE PITS
FOR
g m STATES P
W R CONPM.Y
N WAC File No. 798-02-96:08 Date Issued
Le Description! (Washin Count Plat-Parcel No.
See Exhibit A attached hereto
Owner: Northern States Power
Address: 414 Nicollet Mall
Minneapolis, Minnesota
Present Zonin District: I
Permitted uses set forth in Ordinance 401 Section 401.12
1. CONDITIONAL USE PERMIT FOR: Minin and land reclamation in excess of
400 cubic y ards
All uses shall be subject to the followin conditions and/or
restrictions imposed b the Cit council of the Cit of Oak Park
Hei
General Description*
1. N has obtained permission from the City of Oak Park Hei to
expand the Allan S. Kin Ash disposal. facilit in coordination with
the Minnesota Department of Transportation project reali of
the Trunk Hi 36/212 to accommodate MnDOT reconstruction of off
I I ASP will relocate
ramps in the area of the ash disposal fac.'lit
30 feet of Ash/40,000 cubic y ards of sla in the expansion area.
2.
3.
4
ADDITIONAL ESTRICT NS AND PROVISIONS 10
Th� f o 2' l owin g i Tonal r t�� t ions and provisions i s being part of she
Conditional Use Permit to be issued herein affecting the following
matters shall
A� Accessory Buildings
4 qua. d style apart and two h omes in sou � he s : cox per of site are to
d emoli shed. ( See Octob� r 16, 1996 NWAC Planner "s Report � No other
structures shall remain on site,
B. Fencing
Perimeter and security fencing to be installed approve. by Cit
)..l ing Inspector and City Planner.
C. Exterior Storag
Fly ash in c ell /storage as depicted in plans identified n October 1 6,
1996 report only.
D. Chem ical/Pollutant r and disposal
None allowed.
E. Screening
approval p as i ent in Oc tobe r 16, 1996 NWAC re
F. Lang
Per approval plans as identified in October 16, 1996 NWAC report
G. Lighting
f
s
Per. anpro r l clans as id nt i f 'led in October 2.16, 1996 INM repor
Par king
Per approval pl ans (.s identified in October 16 1996 NWAC rep
t
NU. 415 P004
I. Hours of Operation
Per approval plans as identified in October 16, 1996 NWAC report.
J. Advertisin
Per approval plans as identified 'in-October 16, 1996 NWAC report.
K. Draina
Per approval plans as identified in October 16, 1996 NWAC report.
L. Other:
1. Ultimate Use Plan.
Depictin topo landscapin and bufferin shall be
sub to the review and approval of the Cit En and
shall be submitted on or before 4/1/97.
2. Traff)"'C.
No increase in traffic will occur due to this expansion. NSP
traffic will maintain normal routes and fre
3. Lea�hate.
All leachate g enerated at the facilit shall be disposed of
directl into Oak Park Hei sanitar sewer which shall he
metered.
4. ACcess ; Zoads.
Access roads to the facilit shall be up to
specifications approved b the Cit En
5. Slacr Removal.
Haulin shall be limited from 7:00 a.m. to 6:00 p.m., Monda
throucr i day. Sla will be trucked from the site to the
Blac Damor-al)PIant in Woodbur
6. Dust.
NSP shall water the access roads and site to control dust as
necessar
7. Noise.
All construction e shall be limited to operations,
Monda throu Frida 7:00 a.m. to 6:00 p.m..
.t 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 50k of the time for I hour.
8. Haulinq Vehicles.
Shall not release li dust or other material.
9. Wheel Washe
Shall be installed at location (s) and specifications re
b the Cit Engineer.
1-4 23 1ECKBER5 LPIA F 1 RN 4 NIJAC NO. 415 P00b
lo. utilit Relpcatip,4. c
al 1 'remove and relocate all municipal and other publi I
utiliti disrupted b this prop ect. Such relocation shall be
as s pecified and directed b the Cit En
11
11, stormwater Drainz�qe-_.and Po.n.d.UIq
F,xistin stormwater patterns are to be maintained,, NS P shall
construct a ponding area at eastern most point of the site in
manner speci 1
ifI ed b the Cit En Plans shall be
the
submitted to The Middle St. Croix Valle Water Mana
Or (MSCRVWMO) for review and approval.
12. Incorp � atioy Ri:�-.te,renc(;�.
P , lanner' s Repor t" records to the cit of Oak Park
Hei dated October 16, 1996 shall be implemented 'in full by
NSP� Said report is annexed hereto as Exhibit A and.
the
incorporated herein b reference. NotwithstandIng
t
incorporation b reference of the Planner's Report there are
I ication that are to be noted. The are
two (2) areas of modf'
as followS:
a. Condition 13 of the Planner*s Report referenced an, option
l ilable to the City of Oak. Park Hei to
that was ava
have NSP either leave the desi area b Cover Park
as an open parkin lotf or to landscape same. The City
*1
*I has elected to construct a parkin lot in that
councl
locale. NS P shall undertake the construction of said
parkin lot with paved path as approved b the City
Planner and Cit En and will coordinate the
construction of same directl with the Cit Planner, City
ir
En and Cit Administrator.
b. The cit of Oak Park Hei has a to street
vacation of several unused and unopen streets as
otherwise desi within the Planners Report. The
final resolution vacatin streets contains areas that
differ from the Planner's Report, and it is the Cit
Council resolution vacating those streets that g overnst
not the Plannerfs Report.
13. Reconvev nc
ae
NS . P _ may ... not . (re)convey •an portion of the site to an other
tten consent b the Cit of Oak
person or entity without wri
Park Hei
III,, REVIEW
Pursuant to order of the Cit Council Of the CiLt of Oak Park 14eiqhts
Conditional Use Permit is imposed as a
a periodic review of this
condition of its g rant. This Conditional Use Permit shall be rev)Lewed
annually at the Direction of the cit Clerk, which. shall notif the
wit holder of the date of the annual review at least ten (10) da
per
prior to the review hearing
I N WITNESS E O F , t hi ., part h a V e 4av forth their h taW n s and iY s e a 1s 4
C OF OAX PARK HEIGHTS
Date ° y
David Schaaf, Mayor
Date
Michael J. Robertson B
it Administrator
Applicant)Permit Holder
M
Date
Appl icant /Permit Ho- der
'E CK DER€:- L_PkJ F= I R11 4 NtdA - NO Q 415 P007
EXHIBIT A
t
F
1
4
5
C
7
#
t
I
s
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4
r
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4
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144. �, d
R ESOLUTION No
CITY OF OAK PAR HEIGHTS
I
WASHINGTON COUNTY, MINNESOTA
I
A. RESOLUTION VACATING PORTIONS of CERTAIN STREETS
LOCATED WITHIN THE PLAT OF OAK PARR, AS LOCATED
WITHIN - .Lnz CITY of OAR PARK HEIGHTS
WHEREAS, Northern State Po wer Company has petitioned the City
Council for the City of oak Park Heights requesting vacation of
certain streets within the plat of oak Bark as located within the
Ci ty 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
paint commences at the southeast corner of Lot 1 6, Block
9 and extends southerly to its connection to the
northeast corner of Lot 9, Block 8 and there terminates.
and
All that Port of 58th St reet Nort as it exists wi thin
the plat of oak Park, which portion lips 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- of 58th
E Street North.
and
All that portion of 4th Street as located within the plat
of oak Park luring southerly of the right-of- of 58th
Street North.
and,
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
}
tom. �1 rt
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
stree in the areas proposed for vacat 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 suff icient consideration for the vacation thereof.
NOW , THEREFORE s , BE IT RESOLVED BY CITY COUNCIL FOR j nz
CITY of OAIK PARK SIGHTS,► that the fallowing portions of streets
now located within the plat of oak Park as contained wi th in 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, B lock 8 and there: terminates.
and
All that portion of 58th Street North as it exists within
the plat of oak Park, which portion lies nest of a line
which commences at the southwest corner of Lot 16, Bl ock
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.
ana
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.
BE IT r uxTHER RICSOLVIM that the City Adm 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 Not ce shall
be presented to the County Auditor who shall enter the same in his
�rcnsf r records and note upon t instrument over his official
s i gnat the words, "Entered in the transfer r ecords ." The Notic
shall then be filed wi th the C ounty Recorder for Was Counter
all as required by Minnesota St §412
Adopted by the Ci Council of the City o O �k Height---s
th'i..s 26th dad' of N ovember,, 1996
David Sc�aaf
M ayo
A TTEST :
mi c . h ael
Y. Robertson
CiLy Administrator
1-1--tTY 0. F OAK Pz1kWK 14EIGH TS
iV,_VflP'_j N-Dit]ADJ1 'G'0W-JDj7'I FOR LAI--0 M_rlaCL ;JMATRIOff`
rP a R.
X L ENEPX-Y
1\--IVVAC F112"Ic F*,-Io, 798-02".)z 79f_,-,04-0_5.0,5, Pc4-Mit issued: Apri 125, 2006
See "Exhibit A" Lle- dcscription.-attached bere'l[c)
_ccl Lner
;Vfler:
414 Nicollet Mail
Nfin-neapolis, Mifmesota
Site Add3-es1`3: 1103 Kin Plant Road
Oak Park Hei ! 55082
PresiDulk Zonin District: I
Permifte.4 uses &B'A
1. AlvfF.NDFD C.'ONDITIONAL USE PERMIT FOR:
The ash disposal site is a permitted use and the conditional use permit g raWted in 1996 adopted the final
cell development plan that included mm*m* and land reclamation. Chan to the conditional use permit g ranted
in 1996 re an amended conditional use permit. Xcel has re a chan to the conditional use permit
to allow a new pjaA for g radin g on the east ed of the site and the post closure access roadwa that will connect
to the eXisdn cul-de-sac at 58'1' street.
11. The a-pplicaint has ,'.Wbn- ed a site draviffi and supporting documentatio-n to the Communit Development
C")
Departinent attached as part of the April 6, 2006 plannin report, see Exhibit B.
HL All uses shall be subject to the f-ollo- Mn conditions andlor restrictions imposed, b the Cit Council of the Cit
of Oak Park Hei
I All ash haulin to the site shall continue to be from the Beech Road access. No access for fill operations
shat I be fro m the 58'hStrect access. Access to 58"' Street shall be not be allowed until such time as the
C -tecess :•on-1 F)"'te-ch Road is discontinued. Emer vehicle, access shall be pro-ttided in the lon term
t
yr V' h k
A k
Xcel shall -plant aind mainki-ir, trees, accordin to a ply approved b the Cit A-irborist, to safis the
0t 1",cs tree replant --re
3. The plazis shall be subject .L0 reVieiA/ and -,ipprov,-t fl of the Cit En
ion t
4 . Joca '-' il ga
e to and fencin for the post closure access ro,-,:id shall be subject to Cit aipproveal.
The ' o -F L
5. The Cit staff shall review the status and condition of the road enteiin the area at the end of the cell life
am -id de.teiTrtine � „rhether thel-oad should be paved. Ifso, the applicant shall pave one or appl sueb other
reap, treatments -cis the stiff recommends.
6. At the end of the cell life Cit staff shall review the status of the Cover Park parkin lot previousl
installed b /X"ceil Xcel shall modif same to fmal site conditions includin fill a hocke
boards.
7. The Cit En shall review the existin cul-de-sac on 588th Street and recommend an chan to
resolve draina issues that ma presentl exist before an comiection to the cul-de-S&C is Made b the
applicc-alt-
8. Xcel shall ensure that ade dust controls measures are in, pleinented at all times. Xcel shaft install
appropriate automatic sprin1din s and implement other improvements to control dust durin the
weekends. All such s shall be subject to review and approval of Cit staff.
FV. "I*Ws Conditiorv-0 Use Permit is issued in addition to �md not in replacement oi`an othci pmTnl*ts previousl
issued b the Cit to this pennit holder.
IN WITINESS WHE REOF, the parties have set forth daeir hands and seals.
Cr” OF OAK PARK HFAGfM
Date: B
h%,v4id'J Dwicaudet, Ma
r
Date:
Eric Jo on
Cit Administrator
X ner
Date: B
Its
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE AND VARIANCE PERMITS
FOR
NORTHERN STATES POWER COMPANY
Date Issued March 14 2000
NWAC File No. 799-02-96:08
Legal D esc rl 1) t I () I I I Q I F
Ash Stoi-a Facilit
See Exhibit A Lcoal cle-scriptioii attaclied I)ereto.
A.S King Plaut
al-taciled hereto.
0
ownel-,: 'rN1orthcrj.i States Power
A -ess: A14 Nicollct Mall
ddi
iMinneapolis, Mim-icsola
Pi-esent Zonin Disfi-ict: 1 -King Plc-mt- Cool 1 ii g 'I'mer Expaiisim and Asli Stoi-age Facilit
I'le)-mitted uses set forth in Oi-dinance 401 Section 401.12
CONDITIONAL USE PERIMIT FOR:
FLY ASH FACILIT Y-v RE LOCATION of BUILDING'S
A.S. KING PLANT: COOLING TOWER EXPANSION
All uses shall be subject to the following condit ions mid /car restrictions imposed b the Cit Cotuicil of the
Cit of Oak Park Helorlits.
G-ener-al Desciipfion:
ASH FACILITY:
NSP has obt,-,:iined permission froin the Cit of Oak- Park Heights to relocate the existing stora and
ZIP
maintencince bui.1dino C) at the fl ash, storaoc area. The building is a pole barn t structure 30 x 48
fet.,,t previousl located. in the west section o-f the fl y . ash area.
2. PUFSuanf to the Plaiiner's Report of March. 10,2000 permission is g ranted to relocate the buildin to
the site identil"ied within the report. This Planner's Report is attached as Exhibit C.
3, A.SKING' PLANT
The addition of cooling towers Pr( )p osed at a not to exceed 62 foot clevationA-ii is all-owed per the
Planner's R,(,., of March 10, 2000 attached as Exhibit D.
ADDYnONAL, RII'STRIc'nONS AND 11ROVISIONS.
The f'ollowing additional restrictions and provisions beimy part. of' the Varifance and Conditional t.Jse
Perjailts issued licrein affectin the followin rnatters shall be.-
Accessoi- Buildill"s
Ash Facilit
The stora(ye buildino is allowed to be located to the site. identifted in. the lower portion of the site. The CUP
for the building shall expire 1-2/31/2005 with the buildin bein removed untess NSP applies, for and
receives an extension or aniendment to the CUP so pernuttin the buildin to remain.
All buildin shall be coinpliiant with the building code.
B. Fencin
Ash Facilit
Perimeter and securit fencin previousl installed as approved by Cit Building Inspector shall be
maintained b the appliel-L-int.
Landscapin and a fence shall be placed on the northerl berm, area of the ash disposal facilit Selection of
seedin(g,s and plantin shill be sut ject to the approval of the Cit Al-borist.
C. Exterim- Store g e
Ash facilit
Fl ash in cell/stora depicted in, plans identified in October 16, 1 99 report onl
D. Chenucal/Pollutant stoi-a and disposal
None allowed except by MP('. ". permit.
E. Screenin
Per approval P lans as identified in October 16, 1996 NWAC report.
Landscapin
Ash facilit
Trails shall be constrLICted within the Fl ash site to provide connections with existin and proposed cit
trails. NSP will assist the cit in the trail plannin process and dedicate (without cost to the cit land
easements and resources for the Cit trail s
A.S. Kin Plant:
Landscapin to be implemented pursuant to a plan to be reviewed and approved b cit staff.
G. Lialiting
Per approval plans as identified in October 16, 1996 NWAC report.
H. Parkin
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. Advertis in a
Per approval plans as identified in October 16, 1996 NWAC report.
K. Draina
Per approval plans as identified in October 16, 1996 NWAC report. NSP will participate with the cit on
Perro Creek expenses and development issues and contribute its fair share of those expenses.
Other:
NSP shall provide to the cit periodic health reports on air q ualit y and health reports on fl ash.
Access to Beach road froin the ash facilit shall be paved with a surface extended at least 40 feet into the
facilit A stop si shall be placed b NSP at its expense to control traffic exitin the ash facilit onto
Beach Road.
Non conformin billboard on the Ash Facilit site shall be removed at the conclusion of the present lease
term. "Fhe permit holder shall. not extead the lease term be the current provisions
which P rovides for a terminatIon on JaIlUary 1 201 I
C01IStRICtion trailer(s) shall be removed- from the Il ash site before 9/30/2000. "rhe trailer
ma be moved b NSII to the A.S. King plant site.
A-SKING PLANT'-for construction. of the coolin. towers. AH construction to be build1n
code cot-ripliant.. Other re a permits shall be ac b the permit holder
as ma be re q Uired.
1. . "I'M ffi c
No increase in traffic will occur due to this expansion. NSP traffic will maintaill 110MIal
FOLItes aDd fre
2. Leachat.
All leac hate oenerated at the facilit shall be disposed of directl into Oak Park Heights
t>
sari -tar sewer which shall be metered,
o Access Roads.
Access entrance to the fa(;Itlt from. Beach R,oad have been. paved to Specifications
approved b the Cit
4. Dust.
N SP steal I water the access roads and site to control dust as necessar
5. Noise
AH construction e shell be th-nited to operations, Monda th-rou Frida 7.-00
a.m. to 6:00 p.m, MINCA establIshed noise levefs shall not be exceeded (ie. 65) decibels
cannot be exceeded 10% of th.e time for I 110M, and 60 decib c-Is cannot be exceeded 50%
of the time for I hour.
7. ffiaufin!) Vehicles.
Shall not release lI q Uids, dust or other n-taterial,
8. Wheel Washers.
Shall be installed at location(s) and specifications re b the Cit En
9. Storinwater Drainw4e and Pondin
Existin stormwater patterns are to be maintained. ASP has constrticted a pondin area at
oastern most point of the site in the in-annerspecified b the City En
10. Incomoration b Reference.
`rhe Planner's Report and records to the cit of Oak Park Hei dated October 16, 1,996
shall be or has been implemented in ft ill b NSP. Said report is incorporated herein by
reference. Notwithstanding the incorporation b reference of the Planners Repom there are
two ( 2 ) areas of niodlfic,,ation that are to be noted. The are as follows:
a. Condition 13) of the Planner's Report referenced an option that was available to the
Cit of OA Park Hei to have NSP either leave the desi area b Cover
Park as an open parkin lot, or to landscape same. The Cit Council has elected to
conStRtCt a parkin lot in that locale. NSP shall undertake the construction of said
parkin lot with paved path as approved b the Cit Planner and Cit En and
will coordinate the construction of same directl with the Cit Planner, Cit
Encrineer, and Cit Administrator.
b. The Cit of Oak- Park hei has a to street vacation of several unused and
Unopened streets as otherwise desi within the Plannees Report. The final
resolution vacatin streets contains areas that differ from the Planner's Report, and it
is the Cit C,,'ouncil resolution vacatin those streets that g overns, not the Planner's
Report.
IN WITNESS W1-1E1ZF.OV, the parties have set forth their I nd seals.
AK P HTS
?,/.
B
Date Y
vi Beatidet Ma
Date.
Thomas M. Melena
Cit Administrator
Northern. States Power Compan
Date: "d B
is 0.... 149;eLkWvT tke&ICAL—
F-FN
A Northwest Associated Consultants, Inc
COMMUNITY PLANNING DESIGN MARKET RESEARCH
C
PLANNING REPORT
TO: Mike Robertson
FROM: Scott Richards
DATE: 22 June 1995
RE Oak Park Hei - Northern States Power (NSP) Landfill Area
FILE NO.- 798.02 -95.10
BACKGROUND
In review of the issues related to extendin the South Fronta Road from Club Tara to PeRer
Avenue NSP has indicated their interest in use of the landfill area for future development.
Preliminar discussions with the Pollution Control A (PCA) has indicated that the site could
be developed for commercial or industrial use. The PICA would not allow residential development
on the site. NSP has proposed that the development could be sta startin with those areas
that have alread been filled and capped. It is estimated that the entire site will be filled b 2010
to 2015.
COMPREHENSIVE PLAN
Previous land use plans do not specificall address the issue of development of this site indicatin
that the issue would need to be discussed when the landfill operations were completed. The
Comprehensive Plan, dated December 1979, and the October 1.959 Redevelopment Plan for the
Cit do not provide g uidance for development but rather indicate that the reuse of the site was
unlikel due to the stabilit of the filled materials and the contaminants contained within. NSP
has detennined that the site would be buildable with slab, on g rade construction and normal
construction methods for roads and parkin lots. Storm water runoff would need to be carefull
mana so as to prevent an leachin of the fill material. With ade fill, the site can also
be landscaped with trees, shrubber and g rasses.
5775 Wa Blvd. - Suite 555 # St. Louis Park, MN 5541611(612) 595-9636,*Fa x. 595-9837
SITE LOCATION
The site is approximatel 36 acres and surrounded on the south b Valle View Park, to the west
is residential development includin East Oaks, Ra Johnson Estates and Valle View Estates;
to the north is Club Tara and Hi 36 and to the east is sin and multiple famil housin
On the southerl ed of the site is a 250-+ power line easement for transmission towers and the
northerl tip of a lar wetland complex ( see Exhibits A and B The propert is zoned I,
Industrial.
ACCESS
The primar and most visible access for the site would be from the South Fronta Road. The
roadwa will connect the propert to Os on the west and onto Sta Coach Trail and Trunk
Hi 95 on the east. Access from the west was not incorporated into the plans for East Oaks
or Valle View Estates because of issues with topo and access conflict created b
1 1
commercial and industrial traffic throu low to medium densit nei Access could
be provided to the site from the east b 58th or 59th Streets, but, a issues with traffic throu
an established nei would prevent those streets from bein major access points.
UTILITIES
Joe Anderlik, Cit En has indicated that water and sanitar sewer service to the
propert 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 propert Both water and sewer lines are sized
to accommodate development in this area.
LAND USE
Due to limitations placed on the site b the PCA, residential development is not an option
althou it would provide the most compatible nei for the sin famil townhome and
apartment dwellin on either side of the site and for Valle View Park to the south.
Commercial or industrial development in this area would need to be carefull desi with
appropriate buffers and of relativel low land use and traffic impact. The site is not ideal for hi
intensit retail. The Cit should focus its retail development/redevelopment to the west of
Os A small business park with office, limited assembl and some retail on a scale as
proposed b the Stillwater Area Economic Development Corporation ( SAEA ma be an
appropriate reuse of the site. A development such as this could be phased to accommodate the
fillin operations that will continue into the next centur
2
The Cit ma consider reservin a portion of the site for an. extension of Valle View Park to
provide an area for the soccer fields that will be removed b the Hi 36 project and possibl
create additional active pla for baseball/softball. Due to the lim.lted popti .at ion base in this
area and the need to provide a park complex in the area to the west of Oak g reen Aventie, 'It is
unlikel that the Cit would be interested in reclaimin the entire site for park purposes,
CONCLUSION
The observations provldc�i herein are a preliminar review of the limitations and potential for
development of the NSP site. There are ultimatel timerotts other options and ideas that NS P,
residents of the communit and the Council ma have Fe this site. The discussions on the
South Fronta Road have created the need to open a diato between the Cit and NS P on the
t and timin of development for the landfill. Involvement of the PCA and nei
riate.
residents dun'n the process will be critical in deternim'in what improvements MR be approp '
I sti the Cit Council consider fora lin a stud committee of Council members, Park
Commission members, area propeft owners, Cit staff, and NSP representatives to consider the
bmitations and recommend options for the site.
P C. Ma and Cit Council
Mark Vierlin
Joe Anderlik
Donna Folsom, NS
Scott Thomas, NSP
Bruce Colt, NSP
• .. r •Y. �: fi, {.' y t a Y may., y
�' .t / wh �., ei,. � ,� ] ..a� t ? Y � ",S � p",t �' w,, � .Vr. ✓ � a �` +C @ foraa„p .."p, �r''� .
a
i
y
y
56P
L
Apr 6 19
Northern Sta P ow e r C
Mr, ,, v , Welk, Manager
Regulator=y Compliance and Activities
Minneapolis, MN 55401
Dear Mr. Welk.-
The en closed permi t g SWw..54 , has beeni m a is being rei s -
si i. r the improved format to Norfl - -ern St - , ��te � P o�,I'�' Company for
tfie A.S. King pl - 111t ��_��� t:�i�lao 31.�� Area ��� 2. Tile modified per -
rni t was t� x�ovc:c �.
Pollution Control Ag. cncy Boar
at the April 3, 1,979
I:f you have any question-s about U Pcrri t, please contact
Sandra Forrest at 296-73"
V tru yours,
� Q
Acti id Di r e
'301id Waste Division
DLW /SJ F /cd
Enclosur
n Pa S mith, Metropolitan Council, Capitol Squar eA Bullding
550 Cedar, St, I-Ii-iu.1, MN vj/periwit
Chuck Swanson, CO31,111ty c)1 j.rj kfjas officer w /perry i t
Ken Heuer, C 1 en k--- Trecasuror , C i t y of oa k Park Heights,
61 Panama Avenue North, Stil lwater, MN 55082 w /perm i .t
612/296-7316
1�] k t t.Jl! Iilf
�`�1t_'(�1C) €�ti� L " ,1if #C't ► �.�i.,;�k_: ?f "; (.f t:,l�'? {:� ' }' f... }�:t; tilt 1..���'.0 ?'`, il'�til `:���� � tt. �.I lti: �" }�f.�l
t.'i
In ac..c with Minnesot(i StatuLes Chapters 115 and 1.16 and P- InnesoLa Pollution
IN
ontrol Agency Regulations SW 1-1.2 and Minn Po C Agency Rul(_is
-13 9
North S ta tecs P o we r Company
�tr ,, G m v b W Manag i3
Regulatory Compliance and Activ,i ties
Minneapol MN 35401
s 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 -
:i ons Slet forth herein.
, AP I . CONSTRUCTION
Am L ocation. Th e locati of t waste disposal facilit authorized by th)[S
ermi t shall be in Section 3, `t''2 � R20VI P Village of 0,a Park Heights, Washington
ounty, , Mi nnesota .
D(_, ?t_ion Q The facility consists of 43 acre -s within a l it�it
(Mccss ar t be utilized for disposal of sl - i and j.'Iy f_����� frcf�u the, A.S. Ki ng e l �Pc-
ri.. c poorer generating plant located in oak Park He i i ii is
C. Plans and Spec i fi. c,,7iti ons . I'he perim i- ttee shall construct t he landfill. p
pct ~overt d day this permit in accordance wit t", the permit application dated
tober 26, 1 70 and plans received through Sev-)tember 27, 1 reviewed on
�bruary 28 1 979, which are cattached hereto �Ind incorporated herein. `.t`he f - Up p rova�
y the Agency, of the plans and specifications sha ] not be con stru e(l to release
is permi ttee from any present or sub requirements of statute, rule, regu I a w�
i.- on , or ord
D. Spec i ii.l -- . Cc>nsti , ti.ct i. on . Four (4) fly ash test cep. .s have been constructed in
le northeast section of the slag disposal si te. Continuous monitoring of the test
_11, w ill be conducted ever a five year period to de terr.ri.i. ne the qu.al .i lry a.nd quarl-
i -ty of leach ate produced by rainfall and the rate of stabilization as indicated by
ar cs in 1 each ;ate quality. Two ce1 l s will. cont "ac i.d i c 43 fly ash, o ne compacted
90% density and one - to 60% density. 'Two cell will contain I'alk,,'_I l i. ne" fly ash,
xTipacted .to 90/ and 60% as above. A rai gauge will. be insta at the site.,
E. Cone truc t i can Certification. The permi. ttee shall. have a reg:i s tered engi nee r
" Minnesota certi to the Agency that the facil has beer) constructed In accord
ice with plans and speci fications as listed in Section. C above
F. Altera or Additions. The permi ttee shall not make a major alte
on or addition to the waste. landfill test facility that would materially alte
ie method or ef'fect, of di.sposal wi thout fi. rst obtaining the written consent of the
;e ncy .
b
F
,e 2 of 3
Purrilit No. SW-54
PAUT 11 OIJL-,'IIATJNG CONDITIONIS)
A. Waste, characteri-st-ics. This permit approves the depcsit at the landfill
o f 1 , �00 ,000 cubic y ards of fly ash and Sla from the A.S. Kin Genera Lin Plant,
and does not approve the deposit of an other inaterial includin municipal, com-
mercial, industrial, or demolition waste.
LI). Monitorin R�� The four on-site monitorin wells shall have the
followin numbers assi
well number well number
1 60100 3 60300
Each sample will be tested for total
2 60200 4 60400 dissolved solids, sulfates, man
boron and P H.
If' the boron level in a well water sample increases b 50 percent over the pre-
vious sample then cadmium, arsenic, selenium, iron, zinc, nickel, lead, hexavalent
chromium, copper, mercur and silver will be included in the testing
, regime
The leachate collection tanks for each of the four test cells will be sampled
monthl then the total volume of leachate will be recorded. Test coil samples
will be anal for pfi, dissolved ox
,en, alkalinit total dissolved solids, sul -
fate, chloride, phosphorus, barium, boron, cadmium, arsenic, man nickel,
zinc, aluminurTa, iron, ma and selenium.
The test cell pro will last 5 y ears and results will be reported to the
A q uarterl y . A five y ear overview will be presented to the A at the end
of the testin period. The test cells will be covered in accordance with Section C
belo,w when the testin pro is cos-tipleted.
C. Cover re Areas of the fill w1ji.c1l will not be used for additional
ash disposal shall be covered with 6 inches of earth
D. Phase Development. Site development .-ftall proceed accordin to the revised
plan, Fi #4, dated September 14, 1976.
PART Ill. GENERAL C_'ONDITIONS
A. The permittee shall construct and operate the disposal facility in accord-
ance with the provisions of this permit and an applicable statute, rule, re
tion, Istandard, or order.
B. The permittee shall not knowin make an false statement, representation
01 1% certification * [-d report, plan, or other document re in an rear , d t to be sub-
I
mitted to the A under this permit. The permittee shall immediatel upon dis-
cover report to the A an errors in such reports, plans or other documents.
C. The permittee shall Callow the A or an authorized emplo or a
of the A to enter upon an propert public or private for the purposes of
examinin and cop records, conductin inspectiont►, surve investi
monitoring, samplin and otherwise obtaining necessar information pertainin to
the construction, operation and environmental effect of the disposal facilit
control e and control materials.
7
T] le rIot. Ll:a IS . ;n or t.rari f'(,r }) i �.3 1)01"111 - w o �
S� i �i 1,��6 [.� .� 1 l_� V C.1 of t� � e d 3(:3�}ncy o An uI�approvcd a sad i ���L �ii1S�2 it o) trans
fer sl .l ren(ic�r thi permit null. and vo
E . This permit may be modified o r rcfvoked in wh o r in part during its
term for car.rses including, but not l imi t od to:
_ a Vio of any terms o r conditions of t h i s permit-,,
2. ob taining this perriri t by mi.sreprescntati oi O r fail t disclose,
fu l l.y all re l evarr t f�i c t s
F. The ro i s orrs of` this permi to are sc�ver b -e are if any R � . ar f this
errr�i t, or the application of any provision of such provision to other ci rcut ,
s held r v�r1 the a pplication of such pr ovi s i.or� to other circuras�;��nces , and t��
renrainder of this p ermi t , sha riot be af fected thereby
G. Thi. a; pormi t riot rele ws- the perrrrl ttec_ from any li.a l.1 i.ty, penalty,
o r duty imposed by Mi. nnesotaa or federal, st,,.itutes or regyu lati. ons or l ocal o rdi na nc es,
1r rcludin g b>vzt. not i -r i tad to those. pr , pursuant to 141i �nesota statutes
C11apters 1 16, 400 and 473. This permit shall be pormi ssi ve only and shall not be
construed as esto orlimiting any claims alai n��t t;eer� t:tee its cents
contractors or i ;rrs nor estop 3,rjg or limiting any lega claims of the state
jai r sta : fe pesrymi tte�e i. is agents, contractorfs) or assiglls for damage to states pr�op
erty, o for any violation of the terms of this J)er'rri.i t
I1 m This Permit sha l )_ riot p, -event the future adoption by the Agency of any ru l e
ti on, standard, or order r stringent thrin thwsc, nokvl in existence or prevent
the e of such rule, regulation, or order ag i. r_r <s, t the per lr i- t tee .
1. This perrrri t is Wal i d for 5 years- from the da te issued, and w i l l expire at
that time. To obtain a new perrrrit, the. permittee mus;,t request that the Agency review
and rei c,;su t i'r e p er r � t i t � The per l-ij i. tee m re r ~issuance no sooner t 1. year
a ft.:er the date o f this, perm an n o tilar 180 calendar daysn before the expi ra-
ti ap (iate of th is permit.
MINNESOTA POLLUTION CON"I"ROL AGENCY'
C s j a SI.)a s
Acting Director
Solid Waste Div
Dated: March 27 19 79
Permit Noe SW-54