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Home My WebLink About02/19/2008 AGENDA MAPLEWOOD PLANNING COMMISSION Tuesdav. February 19, 2008 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. January 29, 2008 b. February 4, 2008 5. Public Hearings 7:00 Conditional Use Permit - Xcel Energy Electrical Substation (1480 County Road 0) 6. New Business a. Concept Plan Review - Legacy Village PUO Changes (Kennard Street and County Road 0) 1. Rental town house Site (Legacy Parkway - Kennard Street to Hazelwood) 2. Retail Site (Flandrau Street and County Road 0) b. 2008 Comprehensive Plan Update 1. Land Use Plan Exercise 2. Goals and Objectives Worksheet 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations February 11 Council Meeting: Mr. Pearson February 25 Council Meeting: Mr. Martin March 10 Council Meefing: Mr. Trippler March 24 Council Meeting: Mr. Yarwood 10. Staff Presentations City Anniversary Party - February 23, 2008 (Maplewood Community Center) 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 29, 2008 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Commissioner Robert Martin Commissioner Joseph Boeser Present Present Present Present Present Present Present Present Present Staff Present: Ken Roberts, Planner Tom Ekstrand, City Planner Chuck Ahl, Acting City Manager III. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda as presented. Commissioner Trippler seconded The motion passed. Ayes - all IV. APPROVAL OF MINUTES a. January 15, 2008 Commissioner Trippler moved approval of the minutes of January 15, 2008 as submitted. Commissioner Pearson seconded Ayes - Fischer, Hess, Pearson, Trippler, Walton, Martin Abstentions - Desai, Yarwood, Boeser The motion passed. V. PUBLIC HEARING None Planning Commission Minutes of 01-29-08 -2- NEW BUSINESS a. Comprehensive Plan Update - Process and Responsibilities Planner Ken Roberts introduced acting city manager Chuck Ahl who gave a presentation explaining that the basis of the Comprehensive Plan is the Land Use Plan. Mr. Ahl reviewed the flow chart prepared by staff that establishes the process for approval, along with expectations and assumptions. Mr. Ahl explained the role of each of the boards and commissions and how staff will interact. Mr. Ahl said that throughout the process, planner Ken Roberts will prepare monthly reports to include updates from the liaisons of all of the boards and commissions. Mr. Ahl explained that the utilities' and transportation plan reviews by the consulting firms is based on the initial completion of the Land Use Plan, so there is a need to complete that plan as soon as possible in order for the process to move forward. Planner Ken Roberts introduced Mr. Michael Martin of McCombs Frank Roos Associates (MFRA), who gave a short presentation about the Comprehensive Plan update to the commission. The commissioners discussed with staff the proposed schedule for the Comprehensive Plan update process. (This was not an action item.) VII. UNFINISHED BUSINESS None VIII. VISITOR PRESENTATIONS Ron Cockriel, 943 Century Avenue, said he is chair of the Maplewood Historic Preservation Commission and a representative of the Maplewood Historical Society. Mr. Cockriel spoke about a process to obtain an historical overlay status by becoming a Certified Local Government recognized by the National Park Service and the Minnesota Historical Society, in order to obtain grants for city training and programs. Mr. Cockriel invited the commissioners and staff to attend a Maplewood Historical Society meeting on February 21 to discuss fhis subject. IX. COMMISSION PRESENTATIONS a. January 28 Council meeting: Commissioner Walton reported on this meeting. b. February 11 Council meeting: Commissioner Pearson will attend. c. February 25 Council meeting: Commissioner Boeser will attend. x. STAFF PRESENTATIONS a. The February 5 meeting was rescheduled to Monday, February 4 because of caucus night. X. ADJOURNMENT The meeting was adjourned at 8:35 p.m. DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA MONDAY, FEBRUARY 4,2008 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Cornmissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Commissioner Robert Martin Commissioner Joseph Boeser Present Present Present Present Present Absent Absent Present Absent Staff Present: Ken Roberts, Planner III. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda as presented. Commissioner Desai seconded The motion passed. Ayes - all IV. APPROVAL OF MINUTES None V. PUBLIC HEARING 7:00 p.m. Dynamic Display Signs Moratorium Ordinance Planner Ken Roberts presented the staff report about the proposed moratorium on the construction or installation of dynamic display signs within the city. Planner Roberts said that one dynamic display sign has been installed on Highway 36 according to the previous agreement between the city council and Clear Channel. Commissioner Trippler suggested that the city should abide by its rules and not allow the city's community center sign to be exempt from the moratorium, but either abide by the moratorium or install the center's sign before the moratorium goes into effect. The public hearing was opened for comments from the public. Lisa Heilman, representing the White Bear Avenue Business Association, said the Association is concerned with the length of the six-month moratorium and also requested that when the ordinance is completed the city will work with the Association for mutual benefit. Planning Commission Minutes of 02-04-08 -2- There were no further comments from the public; the public hearing was closed. Commissioner Trippler commented that the moratorium is proposed for six months, but if the issues are resolved quickly the city could end the moratorium sooner. Commissioner Trippler moved approval of the ordinance that places a moratorium on the construction or installation of dynamic display signs (both on-site and off-site) to allow time for the city to prepare, study, and adopt a dynamic display sign ordinance. The moratorium recommends a time-frame of six months or until the city council adopts a dynamic display sign code. The city council's second reading of the ordinance is scheduled for February 25, 2008. Commissioner Pearson seconded The motion passed. Ayes - all Commissioner Trippler moved the moratorium include the installation and operation of the city's dynamic sign from Clear Channel at the community center. Comrnissioner Pearson seconded The motion passed. Ayes - all VI. NEW BUSINESS Comprehensive Plan Update Introduction to Comprehensive Planning Background Report SWOT Analysis Results Planner Ken Roberts presented the staff report concerning the update of the city's Comprehensive Plan and introduced Mr. Michael Martin of MFRA. Mr. Martin gave a presentation on roles and responsibilities, introduced the review and drafting of the new Comprehensive Plan and also reviewed the background report and SWOT analysis results. Planner Roberts mentioned that the city has hired a separate consultant to complete a natural resources inventory for the city to identify the key natural resources and the natural resource corridors within the city. Commissioner Fischer asked Michael Martin for clarification on the city's classification in the past of being a "developing community" as opposed to the city's current classification of "developed community." Mr. Martin responded that the requirements would be the same for either category. Commissioner Fischer suggested the following items be reviewed: 1) that the year of the first school built in Maplewood stated as 1889 be reviewed with historical documents, 2) the description for 3M Company be updated, 3) the number of public elementary schools in the city be corrected, 4) the number of parochial high schools be corrected, and 5) the address for the Maplewood Library be changed. Commissioner Fischer also suggested that the commute times of "average" workers' travel time be changed to "mean" travel time. Commissioner Hess questioned how the possibility of new bus lines or light rail might impact established trails. Staff responded these trails should be identified as possible future transit ways. Planning Commission Minutes of 02-04-08 -3- Commissioner Pearson mentioned that on page 18 under the R2 zoning district, manufactured homes in the R2 zoning district should be listed. Mr. Pearson also mentioned an R1S zoning might be considered for manufactured homes. Commissioner Fischer asked for clarification on whether wells need to be included in this plan. Staff responded that this question will be researched by Mr. Martin. The commission felt that at a minimum it should be noted that there are some existing private wells in the city. Commissioner Pearson asked that manufactured housing be added on page four under the area specified as "communities must plan to accommodate life cycle and affordable housing." Staff thanked the commissioners for their comments. VII. UNFINISHED BUSINESS None VIII. VISITOR PRESENTATIONS None IX. COMMISSION PRESENTATIONS a. February 11 Council meeting: Commissioner Pearson will attend. b. February 25 Council meeting: Commissioner Martin will attend. c. March 10 Council meeting: Commissioner Trippler will attend d. March 24 Council meeting: Unscheduled e. Commissioner Trippler mentioned the website earthhour.org regarding information about a possible city event to turn off all electricity for one hour on March 29. f. Commissioner Martin reported on a training session put on by GTS that he attended at the University of Minnesota. X. STAFF PRESENTATIONS None XI. ADJOURNMENT The meeting was adjourned at 8:50 p.m. MEMORANDUM TO: FROM: SUBJECT: PROJECT: LOCATION: DATE: City Manager Ken Roberts, Planner Conditional Use Permit Xcel Energy Substation Facility 1480 County Road D February 11, 2008 INTRODUCTION Project Description Chris Rogers, representing Xcel Energy, is proposing changes to the existing electrical substation at 1480 County Road D. Their proposal includes adding another transformer and electrical distribution feeders to the existing site. (Refer to the letter on pages six and seven and the maps and plans on pages 11 through 18.) In addition, Xcel Energy is proposing to continue to operate their wood chip and brush transfer operation on their property. (Please see the letter on pages nine and ten). Requests The applicant is requesting that the city approve: 1. A conditional use permit (CUP) for a public utility facility (the substation and the related equipment). 2. The design and site plans. BACKGROUND On February 3, 1972, the city council approved a special use permit (now known as a conditional use permit> for NSP (now Xcel Energy) to construct an electric substation for the site on County Road D. (See the city council minutes starting on page 19.) DISCUSSION Electrical Substation Conditional Use Permit The city council should approve this request as this project meets the criteria for a CUP. The facility has been at this site since the 1970's and all the proposed changes would be inside their existing fence. The existing and proposed uses of the property should remain compatible with the adjacent land uses. The applicant is proposing to add at least 10 trees to the southeast side of the site (near the new County Road D) to provide additional screening of the facility. (See the planting plan on page 16). Xcel Energy is limited in how and where they can plant trees due to the overhead wires, the underground pipelines and because of security concerns with the facility. The uses and site design, with the additional tree planting, should be compatible with the surrounding land uses. Wood Chip and Transfer Operation Xcel, in conjunction with their subcontractors, operates a wood chip and brush transfer operation on the southern part of their property. (See the aerial photo on page 14.) They use this location to collect tree trimmings and brush that their contractors remove from near power lines. The contractors then convert the materials that they have collected into wood chips. According to Xcel, they have the wood chips removed from the site 3 or 4 times a year. Xcel does not allow or do composting on the site. (See their letter about this starting on pages nine and ten). In 2007, the city and Xcel Energy received complaints about the wood chip site on the property. Xcel Energy and several agencies investigated this complaint and all found that the operation was allowed by the rules and that Xcel was not doing any composting on the site. (Please see the letter from Xcel Energy on page 22, their engineering review of the site starting on page 24, the MPCA inspection report on page 28 and the letter from the MPCA on pages 29 and 30). It is important for the city council, when reviewing this or similar applications, to balance the interests of the applicant, the neighbors and the city as a whole. The proposed facility and changes maximizes the use of existing trees on the site to help screen the existing and proposed equipment from the adjacent properties and streets. The proposed changes and upgrades balance the interests and needs of Xcel Energy in providing electricity to the area and the concerns of the city and neighbors who prefer the facility be screened from their views. Design and Site Issues Site Plan. Drivewav and Access Access to the site and equipment would be from the existing driveway that is on old County Road D. The proposed site design does a great job of fitting the new transformer on the property while considering the existing site conditions and limitations. Xcel Energy had to consider several factors when picking the location for the new equipment on the site. These included the existing driveway, site space and the pipelines on the south part of the property. The proposed transformer site maximizes the use of the existing driveway and gravel areas without a need for more ground disturbance. Also, the proposed plan minimizes the amount of site grading and ground disturbance while keeping the new transformer away from the existing pipelines and other utilities. Site Screenina and Landscapina The existing landscaping and trees around the site help partially screen the facility. The recently completed County Road D, however, has created more visibility of the site. The applicant is not proposing to remove any trees or vegetation with this project. To help screen part of the site, the applicant is proposing to add 10 Austrian Pines to the southeast part of the site (to the northwest of County Road D). (See the plan on page 16.) While this may not be a large number of new trees, the public street right-of-ways, the pipelines and the overhead power lines severely limit where Xcel may plant new trees in the area. Potential Concerns and other Comments Lighting - The owner is not planning to add any outdoor lighting with this proposal. If Xcel wants to install outdoor lighting in the future, they would have to submit to city staff for approval of a lighting plan. 2 Public Safety - Lieutenant Rabbett reviewed the current proposal and states there are no significant public safety concerns. Fire Safety - Butch Gervais, Fire Marshal, stated he does not have concerns with the proposal. Summary When reviewing a request such as this, it is important for the city to consider the health, safety and welfare of those in the area. The proposed site revision with the addition of the transformer and electrical equipment should meet the requirements for a CUP and should not create any issues for the site or for the area. In addition, it should not have any impact on the adjacent land uses or neighborhood. These factors, along with the fact that the Maplewood police and fire personnel did not note any concerns for this proposal, provide the city a level of assurance that this facility does not pose a public health, safety or welfare risk. RECOMMENDATION Adopt the resolution on pages 31 and 32. This resolution approves a conditional use permit for Xcel Energy to have and expand the electrical substation and related electrical system operations and a wood chipping and transfer operation on their property at 1480 County Road D. The city bases this approval on the findings required by the ordinance and is subject to the following conditions: 1. All construction and activities on the site shall follow the site and project plans as approved by the city. City staff may approve minor changes to these plans and the city council must approve major changes to the approved plans. 2. Any fence over six feet tall requires a building permit issued by the city. The city building official will require the submittal of a structural plan for the proposed fence approved by a registered engineer with the building permit materials. 3. Xcel Energy must start the installation of the new transformer and associated site work within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. The city council shall review this permit in one year. 3 CITIZENS' COMMENTS I surveyed the owners of the 128 properties within 500 feet of this site. All three of the replies supported the expansion proposal. REFERENCE INFORMATION SITE DESCRIPTION Site size: 28.8 acres Existing land use: An existing electrical substation SURROUNDING LAND USES North; Property in Vadnais Heights across old County Road D South: Vacant property across new County Road D West: Wetland and drainage complex owned by RamseylWashington Watershed East: New County Road D and Ramsey County trail PLANNING Land Use Plan designation: M-1 (light manufacturing) Zoning: M-1 ORDINANCE REQUIREMENTS Section 44-1092 (1) of the Maplewood City Code requires a CUP for any public utility or public facility in any location. Findings for CUP Approval Section 44-1097 (a) states that the city council must base approval of a CUP on nine standards for approval. Refer to findings one through nine in the resolution on pages 31 and 32. APPLICATION DATE The city received the complete CUP application for this request on January 18, 2008. Minnesota Statutes, Section 15.99 requires that the city take action within 60 days of receiving a complete application for a land use proposal, unless the applicant agree to a time extension. In this case, the city should act on this request by March 14, 2008. 4 p:sec 3IXcel Substafion - 2008 Attachments: 1. Applicant's Letter 2. Electric Distribution System Graphic 3. Wood Chip Site Letter 4. Location Map 5. Address Map 6. Property LinelZoning Map 7. Aerial Photo 8. Proposed Site Plan 9. Planting Plan 10. Project Elevations 11. Project Elevations 12. February 2,1972 City Council minutes 13. August 9, 2007 letter from Xcel Energy 14. Xcel Energy Engineering Review 15. August 13, 2007 MPCA Inspection Report 16. October 8, 2007 letter from MPCA 17. Conditional Use Permit Resolution 18. Project Plans (separate attachment) 5 Attachment 1 Xcel EnergYSM 414 Nicollet Mall Minneapolis, Minnesota 55401-1993 January 16, 2008 Mr. Ken Roberts Planner - City of Maplewood 1830 County Road BEast Maplewood, MN 55109 Re: Kohlman Lake Substation Expansion - Conditional Use Permit Application Dear Mr. Roberts, Due to increased electrical demand in the Maplewood area, Xcel Energy is proposing to upgrade its Kohlman Lake Substation. We expect to have this upgrade in service by September 1, 2008. There is a need for additional electrical capacity in this area to relieve overloads on the existing equipment. If Xcel does not address this need soon, customers could experience power outages. In addition to this, Xcel Energy is expecting increased electrical load from St John's Hospital and from new development in the area of Beam Avenue and Highway 61. Adding another 115-13.8 kV transformer and distribution feeders to the existing substation will improve reliability and will meet the load growth demand for the area, as well as allow for additional future growth expansion. Enclosed with this letter, please find a completed Conditional Use Permit Application along with project details for your review. / The existing substation, located at 1480 County Road D East, has been in service since the mid 1970's. The substation was originally designed for this expansion on a 28.82-acre parcel owned by Xcel Energy. The original substation configuration included one 115-13.8 kV transformer and one 345-115 kV transformer. In the mid 1990's, the substation was expanded, due to increased electrical demand, including the installation of a second 345-115 kV transformer. The proposed expansion will add a second 115-13.8 kV transformer as described below. The substation expansion will occur within the fenced area of the existing substation and will not require any grading. The existing seven feet high security fence will be replaced with a new eight feet high fence. Maplewood issued a building permit for this fence work on December 20, 2007. Inside the fence, the expansion includes installing a second 115-13.8 kV transformer, four circuit breakers, a switchgear enclosure, disconnect switches, and steel electrical structures. The proximity of the second 115-13.8 kV transformer to the existing 115-13.8 kV transformer will necessitate the installation of a firewall between the two transformers. In addition, we will be installing three new distribution feeders that will exit the substation underground. APPLICANT'S LETTER 6 Xcel EnergYSM 414 Nicollet Mall Minneapolis, Minnesota 55401-1993 Ken Roberts January 16, 2008 Page two A landscaping plan has been included with the application. However, per our discussions, Xcel Energy has concerns with adding landscaping due to the proximity of the new County Road D (recently acquired by the City), existing transmission lines, pipelines, and slope. Therefore, the plan limits the plantings to certain areas and may need field adjustments based on existing conditions. There is a need for more discussions between the City and Xcel Energy about the landscaping requirements and who should bear the costs, as the City now owns the property where landscaping has been suggested. We are not submitting a photometric plan because all lighting for the facilities (existing and proposed) are only used in emergencies. These lights are not used on a nightly basis, but only during emergencies. The substation use is consistent with, and supportive of, the goals and policies of the comprehensive plan, the Maplewood Zoning Ordinance and of the M-1 zoning District that this facility is located. The substation is an essential service facility required to provide electricity in order to promote and maintain the health, safety, and general welfare of the community. The existing and proposed use of property does not have undue adverse impacts on the use and enjoyment of properties in close proximity, or on government facilities, services, or improvements. Xcel Energy makes this application in compliance with the City's statutory zoning authority that allows for review of this facility. This review is to ensure that this proposal will meet the applicable city zoning requirements. However, by this application Xcel Energy does not waive, or subordinate, its right to develop and construct the proposed substation project in order to meet its obligation to provide electrical service pursuant to its utility authority. Please review our application for Conditional Use Permit and all attachments. If you have questions, or need more information, please contact me. We look forward to working with the City of Maplewood on this substation upgrade and expansion. Sincerely, Chris Rogers Siting and Land Rights Agent Xcel Energy 612-330-6078 enclosures 7 Attachment 2 ELECTRIC DISTRIBUTION SYSTEM Transmission 1. Power generation Transformer Taps Meter 4. Serves 1,500 to 8,000 customers 6. Serves 4 to 12 customers 2. Transmission structnre 3. Serves one or mnltiple commnnities 5. Serves 40 to 400 customers How the Electric Distribution System Works Power is carried to your home or business through an electric distribution system. Electricity is generated at a power plant and distributed by high-voltage transmission lines through various distribution systems until it reaches your home or business. 1. The power plants generate energy and distribute it to substations via high-voltage transmission lines. 2. The transmission lines are used to distribute power to strategically located area substations that may serve one or mnltiple commnnities. 3. The substations distribute power to major power lines called feeders. 4. A feeder takes power from the substation and distributes it throughout an area serving several hundred to several thousand customers. 5. Taps are lines branching off feeders and typically serve 40 to 400 customers, including businesses and residential neighborhoods. 6. Transformers convert electrical power from high voltage to the lower voltages used in your home or business.A single transformer typically serves 4 to 12 customers through service wires. For outage information or restoration estimates, or to report an electrical distnrbance or downed wires, please call 1-800-89;-1999. II Xcel Energy. P.O.Sox840 Denver, CO 80201 1-800-895-4999 xmlJJtJgy..com @20D1XceIEnergylnt. Xc,l Energy Is a registeredtredernorkofXcel Energy Inc. Northern States Power Companv. Minnesota, Northern States Power CompPov.WiSCllnsin, Public Servlca Company ofCllloredo end SouttJwutem Public Service Cllmpeny dlb/e Xcel Energy 07*'003 CRS#1575 8 Attachment 3 January 18, 2008 Mr. Ken Roberts Planner - City of Maplewood 1830 County Road BEast Maplewood, MN 55109 Re: Wood Chip Site adjacent to Kohlman Lake Substation - Maplewood Dear Mr. Roberts, As you are aware, Xcel Energy has a tree trimming and brush transfer site on the Xcel Energy Kohlman Lake Substation property on County Road D. The operation includes the storage and transfer of brush and wood chips generated from vegetation management of Xcel Energy's electric lines within Maplewood and surrounding communities. It is our understanding that the City of Maplewood approved this operation in 1994. Xcel Energy plans to continue this site and operation to meet our vegetation management needs. The vegetation management program is necessary for the continued safe and reliable operation of our electrical facilities in and around Maplewood. The following is a brief explanation of the use and operation of the site. The contractor brings trimming debris from Maplewood and surrounding communities to this site and stages it in a pile in the center of a gravel lot just south of the electrical facilities. It is important to note that Xcel Energy does not accept diseased wood and this operation poses no negative risks to Maplewood's urban and community forest. Xcel Energy brings a subcontractor to the site three or four times a year to convert the debris into a woodchip product that is then trucked off site. Nurseries and biomass power generation stations will often use this woodchip product. Xcel Energy operates several of these tree trimming brush transfer sites across the metro area. Xcel Energy estimates that the use of this staging program has saved millions of our ratepayer's dollars since we began using this and other sites in 1994. The number of employees and vehicles on the transfer site can vary substantially depending on the time of year, annual maintenance schedules and the effects of weather, i.e. storm damage. The contractor uses this site when it makes most economical sense for Xcel Energy and our ratepayers. When in use, there can be from 1 to 12 contractor company trucks staged at the site with an employee count from between 1 and 20 employees. Our employees typically car-pool to work, so the personal vehicle count is typically between 1 and 10 vehicles when the site is in use. However, for security reasons, we typically stage vehicles within the substation fence on the north side of our property and not within the transfer site. At maximum staffing, we WOOD CHIP SITE LETTER 9 could have up to 25 contract vehicles, 50 employees and 30 to 40 personal vehicles spread across our entire property. It is however rare for us to staff to maximum levels in anyone given area. Trees, a soil berm covered with woodchips, elevation changes and naturally seeded vegetation all help to contain the transfer site. These boundaries limit the parking of vehicles to the existing gravel areas. Xcel Energy does not intend to increase the current parking space on the tree trimming brush transfer site. Representatives from our Vegetation Management department would be happy to meet with you to review specific questions about this site and the site's importance to Xcel Energy and our ratepayers. Thank you for reviewing these details on the chip site. This information should give you and the city a better understanding of the operation. If you need further details, please do not hesitate to contact me. 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O<>TI<;'>--'l 15 11 N SITE PLAN PLANT UST CTY. COMMON ~E BOTANiCAl NAME ''''' COM"""" llIl AllSTllINlPlIE ... STRAIGttTSlHGI..E.LEMER...,....,.I&' -- FlMCllNTI;MlAllllN seEUlCflTltllPLAN UlAWlNGN"-G1'157 , . . 01 ,:. e ~ , ~ '" -. Q.. r.e.so' ~~ ...... ,~ / / '""{:--. <: "...\ \. ~"J5"" ) "-0 Y1..o I , / /_. I / / / /. / . '!ol. }LI?KV I . ~ l B~ II ~ 0 .~3 --I . ! . .." '" . . . . < .....- I I rtj, ~ " ,. I .8 :r ,I j ~ "tre A a:: ~ ..~ l"OU!< CT - & <, 31!O ." I' eKlIIl I - . 10'-0 l!olil'-O Irlt.NClRTI\--5CUT E r REFeRe.la? I..\~;'-o~:t "0 .... as'-o .........- E1..&&tl'to' 10 ~1.l'..Oj; I I I is' ;,;,,-:.r FEVCl! "]t:)' I 7a PI"""', bITCH--l I I I I I I I I I I PTr _ I ~/ ...J i ,~ ~~/8 " I " .,1 ./,/ lA,I .' , I I I I ,I , I ; ~ FINISH tUT ~~- ,.- -~- OETAIlI TREE PLANTING """"'" DETAlU PlANTING ON A SLOPE ""~- Attachment 9 ,I '70' I /Sl\IEl..:o N ,I W\!I.B f /i I' .' I I -.",. I / / / , i i , I i / / oj / 6i I =f / IE / / ifl / .1 I IE! / 0/ I ~f / 2f/ Iql I I I I ,I I ' --r----,.-1--./ I I I I I I I 1",-,..." I 1"'" I I / I II r II /1 / I I I I I I I ~ /' / / / / / / / /" // / ,/ / , / // / / // / / ,/ / / / / I ^ / , / . / / / / / / / / / I / / / I / I / I I I I I I I .I ~ o / o !; ~"Ic.IUNlt ~~~ ""''''''' "",. ~... NotE YEiiiFYl.OCAT1ONOF~ \IT.Il.tTlES PIUOO TlIEllCAVATlllN FJO...EXisTINolllDEllllRW'llFlDER' _______________________.EXrSTINDlHlEFlGRCl.N.l/l/ll;lCO EXlST1NDCHAiMuNKfENCf: . PRlI'llSEDl'INETllEE PLANTING PLAN 16 11 N Attachment 10- ", 10 " 11 ." tJ T . ~ ]-- ~ .- b '" il..- I I :.0 hd'''~ .~... ~"""IfM. "'~~'".''''' I * ~ :': ,-, ." 140"11005385 '..; H ;< H wo.um381S4 . ' ;\i,w~'\;\~' ,*,,,,,> qll,A ~ 140 "lllil05385 -140"10838164 ~ [f~----ft---[~ + ~ ~ , 1 ~ " ~ 140"11005385 --------~-----~ :PRELIMINARY: I NQTFORCONSTRUCTlONJ ~__~__________J 17 1r N PROJECT ELEVATIONS r+" r+11I """""""'T , ., SECTION P P c, SECTlONP-P oJ aAWm........... Attachment 11 - . -. , " xl r x '"k'..,...".......(V....... """""""- } WCl111N Fl:Fl WQ "10838164 f'w ~i\i\~,:> ""'~~ qcY.fq ,. .; 11"1 ~.~ II" a~ ,..~' .'~ -......~,J.""-- /PRELIMINARV? f_~r..~~R_~::,,_~~~' SECTIONF F 1I N PROJECT ELEVATIONS 18 Z ".1 1.'''' Attachment 12 e. Approval of the re- for excavating ur- 1. at the end of one year. / / 2. A performanc bond of $5,OOO.OO.toguarantee the excavation elevation as proposed and fo road maintenan .E'. d necessary by the Village Engineer, which ion. (If conditions are felt to be unfair be reviewed by Council). 4. No one plicant. conduct the ap- 5. No trans r of title of all or part of tn during the ife of the permit unless reviewed permit site by the Council. Applicant sign an agreement, agreeing to conditions. Ayes -. all. 6. Special Use Permit (Public Utility Facility)-South of County Road D and west of Hazelwood Street (continued from January 20, 1972) 4. Manager Miller stated he had received a letter from Northern States Power informing the Village that they have met with various officials relative to the drainage and highway construction in the area of their proposed substation site. The Village Engineer stated that the plans for the highway interchange was not, in fact, the same as those presented to the Village Council. Staff still recommends the setback as provided in the original recommendation. The drainage can be handled, but it is a misstatement to say that it will not result in 'additional problems'. At the request of the County Commission the Metropolitan Council is con- sidering this proposal today and will be providing a recommendation on the proposal. b. Mayor Axdahl asked for further comments by Northern States Power Gary Anderson, representative of Northern States Power Company' on behalf of the proposed development. He stated. that N.S.Pi adhere to the staff conditions, and will work with the Coune State and the County. c. Mayor Axdahl asked if there were any persons in the audf to be heard regarding this matter. No one was heard. d. Councilwoman Olson stated she is opposed, based 9~ r southerly location, which was indicat.ed last time, to...' and English. She feels that if this southerly direct and English, it is not good. Northern States Power four other locations and she questioned if they wo the Council where they were and why this particuj C /1<( cOi/NC/L /VI / tV (,/7E..5 - 6 - 19 2/3 {.i-z.. e. Councilman Wiegert stated that in regard to the County Road Band English site, he expressed to Northern States Power considerable concern over that, as he is quite well acquainted with that area. The fact that it is used for children going to school, to him, appears to be one of those attractive nuisances which could cause a problem. Northern States Power called and asked, after hearing his concern, if he would meet with them. He did meet with four representatives and they indicated they were studying that and did have alternative locations. Mr. Wiegert stated that he indicated his present willingness to vote against that location. That site is not the subject here tonite. That indicates their willingness to work wi th us. f. Mayor Axdah1 asked if Northern States Power did make such a reference that they did have four alternate locations. Gary Anderson stated that they had said two weeks ago that they had looked at various sites, as they usually do; they studied. the areas and chose the County Road D site and stated the reasons for doing so. Two of the other sites looked at were north of 694, in the White Bear area and the other was east of the railroad tracks. They were ruled out for various reasons. At a later time, in the future, if a southerly sight is utilized, they will appear before Council for a Special Use PE:rmit.. .' g. Councilwoman Olson moved to deny the Special Use Permit for Northern States Power Company for the reasons that asthetical1y it isn't apo1icab1e to the area~ Beam Avenue is being constructed for a deversified center and this sub station will be at the very point where people will be enter~ ing the area. Motion died for lack of a second. h. the its Following considerable Special Use Permit and adoption: discussion, Councilman Wiegert moved to introduced the following resolution and approve moved 72 - 2 - 25 WHEREAS, an application was filed with the Council of the Village of Map1ewood by the owner of the following described property, and a hearing was set as provided under Section 915.020 of the Municipal Code of tile Village of Maplewood: Beginning at the Northeast corner of Tract A, Registered Land Survey No. 15; thence Westerly along the North line of said Tract A a distance of 985* feet; thence Southerly to a point on the South line of Tract B, Registered Land Survey No. 15, said point being 735:1: feet Westerly of the Easterly line of said. Tract B as measured along the South line thereof; thence Easterly along the South line of said Tract B to the Easterly line thereof; thence Northerly along the Easterly line of said Tracts A and B to the point of beginning. which has been proposed for Special Use Permit to use the property upon which to construct an electric power substation - 7 - 20 2/3 (12- ) ~mEREAS, a public hearing was held on January 20, 1972 at 8:00 P.M. in the Village Hall, notice thereof having been duly published in the official Village newspaper, and notices of said hearing having been mailed to all property owners of record within 200 feet of the area proposed for Special Use Permit; and I~EREAS, all objections and recommendations relative thereto were heard by the Village Council; and . WHEREAS, it appears for the best interest of the public that said Special Use Permit be granted; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA that the Special Use Permit be granted subject to the following conditions: 1. The Village, County, and State should resolve the needed' distances and land areas necessary to revamp the interchange of Highway 61 and I 694 and County Road D realignment; 2. The site plan should be adjusted to accommodate the street realignment changes; 3. A landscaping plan including implementation of such should be required prior to final occupancy inspection call and approved by the Department of Community Development; ',' >' 4. A building permit for starting the development should be ex- ercised within a specified period of time which should be negotiated between the Council and the applicant - but a definite time should be set. No more than 18 months is recon~ended as a maximum time. Northern States Power Company has indicated in their letter of transmittal that they hope to start by Sept- ember, 1973. 5. The applicant should dedicate 10 feet of right-of-way along the north property line adjacent to County Road D in order to more adequately service the area and site with necessary truck traffic. Any realignment rights-of-way for County Road D should be accomplished through normal right-of-way acquisition processes and the applicant appropriately compensated for such. 6. A clearance of 150 feet setback from County Road D should be required. Any new realignment of County Road D should allow for a minimum 150 feet setback from the right-of-way for safety and aesthetics purposes. 7. Drainage of the site should be subject to Village Engineer approval and such shall be secured prior to issuance of any development permits issued by the Village. Seconded by Councilm~~ Haugan. Ayes - Mayor Axdahl, Councilmen G~eavu, Haugan and Wiegert. Nay - Councilwoman Olson. Motion carried. - 8 - 21 2/3 172.. Attachment 13 Xcel Energy@ Lauren C. Buehler Assistant General Counsel. 1225 17th Street, Suite 900 Denver, CO 80202-5533 Phone: 303.294.2972 Fax: 303.294.2988 August 9, 2007 VIA CERTIFIED MAIL Elizabeth A. Sletten 2747 North Clarence Street Maplewood, MN 55109 Re: Kohlman Lake Substation Dear Ms. Sletten: This letter is written in response to your letter, dated August 5, 2007, regarding the odor allegedly emanating from Xcel Energy's Kohlman Lake Substation. Your letter states that there are "oversized piles of decomposing materials" on the substation property, and that Xcel Energy is operating an illegal composting/trash facility, which has allegedly created a nuisance in violation of a variety of City Ordinances. Xcel Energy takes its responsibility as an environmental steward and good corporate citizen very seriously. Immediately upon receiving your letter, we investigated the substation property. We noted demolition debris, bags of grass clippings, and broken cable spools along the road bordering the substation property to the north. This debris is shown in the photographs included as Attachments 6 and 7 to your letter. Xcel Energy, however, did not generate this debris. The demolition debris appears to be from a home remodeling project. In addition, we have an established program to recycle or scrap our cable spools and we do not dispose of spools on property surrounding the substation. Moreover, the substantial majority of the debris is not even located on Xcel Energy's property. As such, we have no legal obligation to remove the debris. However, as a member of the Maplewood community, we feel it is incumbent upon all of us to help keep the City clean. In this instance, therefore, we will remove the debris and dispose of it in a properly approved landfill. Please note that by doing so, however, we are not accepting any type of on-going obligation to remove debris along the road. There is also a legally permitted wood chipping operation on the substation property, which includes two piles of wood chips. One ofthe piles of wood chips is visible in the photograph included as Attachment 4 to your letter. The City of Maple wood approved the wood chipping operation in 1994. The wood chips are not decomposing, nor do they emit any odor, other than the smell of freshly chipped wood. The wood chip piles are removed every 2-3 months; the last piles were removed in June 2007. Our investigation has concluded that Xcel Energy is neither operating any type of illegal trash facility nor creating a public nuisap.ce. We are not legally responsible for the debris located along the road. In addition, the two wood chip piles that are on our property are permitted and approved by the City of Maplewood. In short, the substation property is not the source of the "putrid odor" coming from the north/northeast of your home. 22 ~ i':iJ Elizabeth A. Sletten Kohh-nml Lake Substation August 9, 2007 Page 2 AU@ 1 3 2007 Thank you for bringing this matter to our attention. ~trulY yours, r .'. t-~~ auren C.'Buehler cc: City of Maple wood Greg Copeland, Manager Ken Roberts, Planner Chuck Ahl, Directory Public Works DuWayne Konewko, Staff Liaison Michael Samuelson, Code Enforcement Molly Wellens, Health Officer Saint Paul- Ramsey County Department of Public Health Zack Hansen, Environmental Health Section Manager Mike Crider, Community Environmental Health Manager H. Alan Kantrud, Esq. Minnesota Pollution Control Agency Roberta Wirth, Solid Waste Division Geoffrey Strack, Solid Waste Division Stephen Mikkelson, Information Officer U.S. Environmental Protection Agency, Region 5 Sonja Brooks-Woodard Maplewood City Council Mayor Diana Longrie Rebecca Cave, Council Member Erik Hjelle, Council Member Kathleen Juenemann, Council Member Will Rossbach, Council Member Environmental & Natural Resources Commission James Beardsley Margaret Behrens Carole Lynne Carol Mason Sherrill John Mason Tom Moibi Ginny Yingling Ramsey County Board of Commissioners Tony Bennett, Chainnan District I J an Parker, District 2 Janice Rettman, District 3 Toni Carter, District 4 Rafael Ortega, District 5 Jim McDonough, District 6 Victoria Reinhardt, District 7 U.S. Representative Michele Bachmann Congresswoman Betty McCollum Senator Charles W. Wiger Tom Gundhoefer, General Counsel 23 Attachment 14 fi XcelEnergy. IEngineering R.evH~w {i)f Temp~rary WQ'od Waste . $t~.rage FaC;;:iIiW Kahlman Lake Substation, Maplewoocl, Minnesota ThIs repQr\ slilrve$ as doculTl€lntptjon of my site visit O'n August 2;2,2007 to the Kohjman Lake $ubstl'\tio!1~nd my subseque!'lt~!1gineerif1g revl€lw of the woocl wa.ste storage site. The lrltention ofthls. review Is to clete17mine the site's suitalDUity ~()r tempQlilry storage of waSte wood andchippihg operations, under the provisions of tile "$tanding Beneficial UseOeterminatiorl" as defined in Mn Rule 70.35.,21:390. . SUe Location and Descriptiaf1 The temporary wood wasle storage areai$ locatecl immeqiately $olJth of the Kohlman Lake Substation. Thesupstliltion isw€I$toflVTElpJewoQd OrNe (State Hwy (1) ancl south of County Road D E In MapIewoOcl, Minne$ota, AU of the wood waste Is unaalilterl;lted tree trflYlmin((ls that are cut to clear the power lines in the area. The $torlilge $ite fOQtprint 1$ lilpproxlmatelY 1.5 aores with the te01Plilrary wpod Wa$te stored in the oenter of fhe.site. A grovel' access road surtol.ln€f~ the wiilst~ p.ite and theohil!lped woOd prod'lJGt is stored on the East and South perimeter of the storage site. The amount of wood waste and wood chips left on the site at anyone tll11e is smail, les-s thah 5,000 cubic yards, and the waste wood is proceS$ed through a wood chlpperor tub grinder three to five time$ a year, The storage siteiseJevate.d abOVe the,SUl'lt)uMdlhg properties afild surface watlilr drains aWay from the storage site through a vegetated buffefaridil1to perimeter . d,itche$. !he perimeter dltche$ route runoff to the vegetated lowland area located to th!:) south the. storage site. Th!:) vewetliltedplJffer zone ha.s a minlmlJm width of 50 feet on the north side of the site arid the Width is in excess .of 1$0 feet on the east ancl.'s~uth side of the stofagesitewhere W~~d chips ate stockpfted. A schematic dr01Wing of t/:l'e $lte ana photos taken durih.g theslte visit are enclosed.. . Engineering ReView It is clear that the Wlil$te wood remporatY stqrage lilnt;! chIpping operation Is jn compllanoe with the "Stqn~,ing Bel'1\ilIjclall)se Oetel'rniniiltlon"as defined in "Bei"lefloial Use of Solid WEiSte Rule!', M'n Rule 703.5.2860,Subp.art 4A. The wood chipS generated aNne S'ite are used for benencial use by others ih various landsoaping applioations. The site serves as mporary repository for the EXHIBIT 1) 24 Pg 1 ~ Site Visit and Engineering, Review of the Wnod Waste Storage, Site at the KohlrnanLake Substation"l\1Iaplewoo,d, Minnesota. waste woo(:l, provi(:le& alocati(>n to cl1ip the wood waste and allows for tEll1lporary $tor~!ge ofthe woo(:l,chips until they are removed'from the site for peneficial uSe. As set forth beloW, thesfte compiles with the IOcatlonal standards of the Solid Waste MarJasem(:>i')tP<;\oll,ityQener;a1 Techn.icalRequiretnents {Mh Rule 70$'S.25{56)gr\C!1 SuwpartiS: ~, Gand 7 of the ~olid \Ala!>te $ton:ll'le standards (Mn Rule 7~5,2;1il55). LocatiOJ1$tatidards OVlfiRtlle 70,3'5.2555) The storag€) site elevgtionis approximalElly 90o ftandis 38 ft above the 100 year I1lgl1 wl'lter 'e1evgtion of Kohlman Lake, whiyh is $02.0 ft. This lake is hydral,llically tied to a chaih oflak.e$ (Gerv$is anq! Phalen) that ultimately. dischatl'le into the MissiSSippi Rtver downstream of S1. Paul; Minnesota. The PEMA flood insutal1ce rate mapp.ing for the area (COmml1hlty Number 27Q378 0) alSO indJo.ates that the storage site is not with.in a floodplain. Sa.sed on the United States Fj~h ClndWilg.life Servil'e Wetl;;ll'ldlnventory MliIP>ping, the site is also not located il"l a Wetland. The temporary storage of the wood waste and the periodic nature of the chipping operation is o.onsidered am "lnsignifil'antactiviti' by the MPCA defined a$ generating le$s than Qneton of partil'ulate per year, In <actditiot'), otnersources of air emissions in the are.l' <are lJ'linimal and there I,;!'f€l adequGlte 'puffer zones around tMestoragefacility' tofWliher l'l'iinjmjze~artlOlija.tetr~nsmissiona.cro$s the property bt'JundaneS. thOs, the site is notwithiha location where emissions would violate'the ~!)tti)te's ambient air quaHty standards, . SoUd Waste Storage Standards (Mrt Rule 703US55) Geoloav of the SUe:' The storage site appears to be. underlain by the Prairie du Chein Group, whiGh is a limestone thGlt has the potential forbedtocK $0Iutlo'i1ing and under certain conditions, CQuld lead to Karst features. there were no karst features Observed dl,lring the site visit. Thedeptl1 to bedr\!!o.k'in the area is over .2.00 feet, wnich would tend to rriltigate. Karstfe!;1tures\::leingexpQsed<i\t the ground s.urfao.e. The unconsolidated soHsare also outwash Sands and gtl;iVElls and Qther gla13i<i\" remnant features., Which woUld also help to min.imizekarst features at the ground surface. Based on the site visit and supsequertt revieW, it is determined that there are no karst features and it is unlikely that karst features will fOrm in the futl,lre, wh'ich could adversely impapt the fYl1otionality of the storage site. 25 Pg 2 Site Vij;jt and El19ineering Review Of the WoodWastlr Stora~e Site at the Kohlman Lake Substation, Maplewood, Mlnl1esota. HvdrQ~eIQ~v of tbeSjite: Based on the Ramsey Soil and. Water ConservatiQn District (RSWCD~ Surficial Hydrogeology map, the sUrficia,Iground'ilVai€r elevation at the site is at an elevation ofaPfilroximate:ly$6Sft. Thra afilprox;imat!1l ground $,urTaceelevation of the storage areoa is9@l)lt Conse<lvently, the storage site is well abov\1l fhe existing wafer tapie arid i~ I:1Ot sUbject 'tQ grole!!1Qwater iHteraqtion with the waste wood. There wlll bra inflltratloJlof pteoipitatlon that falls within the storage area. However; it is my QfiliniOn that the rate of infiltration will allowforadeqllate treatment through t'JatLJral micro-biQtio prooesses and would not impatct the grdundwater if! the area, Outsk:le:water sources are I'\ot LJsed in thE! processing of the wood wasteahd due to tile higner elevation of the storag,e area relative to the surrOlmdirlg groLJI1d., thlilre is no run OrLtO the stora,ge site, Based on the RSweD l)tl8cfilping fo('Seqsitivity to the Water-Table System to Pollution", published i1i 1992, the $ite is within an area d$fjne~ as h~vin.ga "Moderate" sehsltivity Whichirnplies a rel:ativEily slow rate of Infiltration, which would encourage a high level oftre6\tl1'1ent from the naturatl micro-biotio processes, Site Surface WatetManaqe.l11.el'lt: The tofilography of the sIte virtually eliminates run-on to the storage arEla. Consequently, the amoLlnt of surface water requirir19 treatment islimited to the amo14l1t of pteoj\JitE\t19n inat fa11801'1 thE! 1 ,5 acre storage site, Best Management Practices (BMP) ~re being used at the site fdr storm water management. The filrimary BMP's in use at the site inclLJdethe !:!xtehsive vegetative buffets. around the storage area to filtersurWce r(Ji1off, promoting inflltration by using the center of the stor;:lge site for the I(VQQd waste, and bermIng the wood ohips around the perimeter of the sit!'h anq llfSingpliirimeter d,itQhing to route surface rJ;ll1offto the vegetated lOwland on the South side Qf the property-fot st.orrrt Water retention. While there are noengineeredi'etention basina On the property for oontalning the runoff from a 2S-year24 hour storm, the site cOl'\figuration and the BMP's lerid themselves to be at least as eff!,,!otiV€ l:!S LISe of a retention basin for storm water treatment. Airborne eOnlaminanbiandOd.Qrs: The wood waste is' larg.~pieoes of wood not subject to wind disfiler&lon, the wood chips are generi;1!1'1larger tl1atn ~. ineh. and maYPlil moved by the wind, but is not subject to significant dispersiOn, The primary source of wi'nd born partioulates 26 fig :3 Site Vi$itand Ehgineerli1gReview tlfthe Waoe;! Waste Storage Site at the Kot'i:lman Lake $.Ub$t-iltioli, Matl1ew\>od. Mhlnesotll. .. would be .~uring the Ghipping prqG~s$. This pr0gessing is intermittent and given the buffer area around the wood waste stonage site, minimal air b9rn~ particulates leave the property. donseql:lel'1tly, Waste w09d covers are not required for the site. There hljlve been some cpmpJaints gboutodQIs that have disturl1ed resi(jential inhabitants living in the atea. It is ljIss\,lmed that t\3eSesmells are the result of ahaerobic decomposition of organic matetil111s. Durin!lj thlil site visit, I walked the entire perimeter of the stdF<age area and there waS/ho ihdication of smell emanating from the WOQd was~,. Dille to t.he mWltiple~higpmQ.eWel1~ and the ~te .pfturnover!!!f the w!!!od Ghlp piles, there is insufficientlimefbtanaafobic decomJDdsition of the wood waste to begin. Since there are a number of vegetated lowlandsfWetlarlds in the area, it i$ more. likely th;at odQrswouJd be.emanating from thosElsites as a reslltt of anaerobic deGomposition. Fim:\'l CIQ$urePlatt for fhef'acilif\); The site was fpund to be jn a clean anq orq.erlY condition during the site visit It is the intention of Xcel Energy to continue to uSe this faGility for the fores\geable future. Howeve~; if tMe $iteshould no longer be nelilded for ternporary storage of Wood Waste and wood Chips, all of tRe W.ood waste and wood chips wlll be removed fmm the sfte, graded to f)rolilote surface Wa~r drainage and re- vegetated... . This report is based on my $itevlsit ill the wood waste storage site at tRe Kohlman Lake Substation <:Ind from review of PLiblitJly avaUable technltJar docl1rnents that served as the basis for my conCIl.lslons.After revieW of those documents and the site visit, jUs my opini('m thatthe Wood waste storage site at th.e Kohlman Lake Sl.lbstation meets the intent $f the rules f9r managing waste in accordMcewith the "Standing Beneficial Use DeterrrHnation" defined in Mn Rl1le 7035.2660. I hereby certify that this repon was prepared by me and that I am a (july Licensed Professional Enlilineer under the I.wvs of the St(1lt~ of Minnesota. Oharles 8. Thomas, P.E License No. 18185 SignaMe;~ . ~ Date~, ~"'07 27 Pg 4 DEPARTMENT: POLLUTION CONTRbLAGENCY Attachment 15 SF-QOOO6-05 (4f86f STATE OF MINNESOTA ~,,;, DATE: August 13, 2007 . Complaint Inspection TO: Ramsey County File FROM: DON NELSON Pollution Control Specialist, Sr. .. Solid Waste Compliance, MPCA PHONE: 651/296-8621 SUBJECT: COMPLAJNT--KOHLMAN LAKE SUBSTATION (XCELL ENERGY) On the afternoon of August 10, 2007, Don Nelson, MPCA, inspected the Kohlman Lake Substation owned by Xcel Energy and located in Map1ewood, Minnesota. The inspection was in response to a complaint of strong odors emanating from an alleged unpermitted compost facility and of fugitive dumping of trash at or near the site. . Observed within a locked, secured area were a pile of woody yard waste and a stockpile of wood chips. No odors or mold was noted at or near the site that reflected putrescence of these materials. There was not evidence of composting at the site. The site was used to store woody yard waste for chipping. The chips were relatively new, based on the light color of the' material. No trash was observed on or near the property, including the driveway to the site. Donald Nelson Pollution Control Specialist, Sr. EXHIBIT c.. 28 -iiC e Attachment 16 Minnesota Pollution Control Agency 520 Lafayette Road North" 1 St. Paul, MN 55155-4194 I 651-296-6300 I 800-657-3864 I 651~282-S332 TTY I www.pca.state.mn.us October 8, 2007 Ms. Elizabeth A. Sletten 2747 North Clarence Street Maplewood, MN 55109 RE: Xcel Energy, Kohlman Lake Substation Dear Ms. Sletten: The Minnesota Pollution Control Agency (MPCA) has received your letter, dated August 31, 2007. Your letter outlines concel11S that you have rcgarding Xce! Energy's Kohlman Lake Substation (Facility), in Maplewood, Minnesota. These concel11S were originally brought to our attention via your letter dated August 5,2007, and included strong odors, un-permitted composting, and fugitive trash dumping at or near the facility. Several of our staff were subsequentiy in contact with you and provided infonnation regarding this Facility, by phone and by email.Inaddition.aninspection of the Facility was conducted by Don Nelson of the MPCA on August 10,2007. At the time of this inspection, Mr. Nelson noted the presence of woody yard waste and a stockpile offresh wood chips. No strong or unpleasant odors from the wood were detected by Mr. Nelson. There was no evidence of composting, nor was trash observed at or around the property. You have previously been sent a copy of Mr. Nelson's inspection report. The MPCA has also been in contact with Xcel Energy and Ramsey County to help determine the status ofthe Facility. The MPCA has concluded its investigation into the Facility. The operations taking place at the Facility are the processing and storage of unadulterated wood prior to beneficial use, in accordance with the standing beneficial use detennination (SBUD) for unadulterated wood found in Minn. R. 7035.2860, subp.4(A). The MPCA is satisfied that the requirements of Minn. R. 7035.2860, subp. 3, and Minn. R. 7035.2855, subps 2, 6, and 7 are being fulfilled. Per Minn. R. 7035.2855, subp. 7, Xcel Energy is pennitted to store the wood at the Facility before it is processed or utilized in accordance with the SBUD described above. . Below is a chronology of the MPCA's correspondence with you pertaining to this issue: August 6, 2007: August 6, 2007: August 7, 2007: September 6, 2007: September 6, 2007: September 7, 2007: Correspondence indicating that your initial request has been forwarded to the MPCA staff tracking pennit-by-rule compost facilities. Correspondence indicating that the facility does not have permit-by-rule for yard waste composting. Correspondence indicating that composting is not taking place at the site and a yard waste compost pennit-by-rule is not needed. In this correspondence, the MPCA indicated that this site was operating under the standing beneficial use rules. Correspondence reiterating that the facility is not a compost site, but that it is a benefi.cial use site. Correspondence indicating that the MPCA conducted an inspection of the site on August 10,2007. A copy of the MPCA's inspection report was sent. St. Paul I Brainerd I Detroit Lakes I Duluth I Mankato I Marshall I Rochester I Wlflmar I Printed.on 100% post-consumer recycled paper 29 Ms. Elizabeth A. Sletten Page 2 No further actions or investigations of this Facility are planned by the MPCA at this time. Since the facility is not in violation of any state solid waste rules, please direct any operational or other complaints . regarding the Facility to Xcel Energy. Sincerely, ~~q, Jiuv,~ Lisa 1. Thorvig U Division Director Municipal Division LJT!JL:kk . cc: Zach Hansen, Ramsey County Lauren Buehler; Xcel Energy " Ann Cohen, Assistant Attorney General 30 Attachment 17 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Chris Rogers, representing Xcel Energy, applied to Maplewood for a conditional use permit for the expansion of the existing electrical substation and for a wood chipping and transfer operation at 1480 County Road D. WHEREAS, this permit applies to the property on the south side of old County Road 0 and north and west of new County Road D in Maplewood. The legal description is: Registered Land Survey 262, Subject to Roads, Tract A (PIN 03-29-22-21-0002) WHEREAS, the history of this conditional use permit is as follows: 1. On February 2, 1972, the Maplewood City Council approved a special use permit for NSP (Northern States Power) to construct an electrical substation on the subject property. 2. On February 19, 2008, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 3. On March 10, 2008, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 31 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. All construction and activities on the site shall follow the site and project plans as approved by the city. City staff may approve minor changes to these plans and the city council must approve major changes to the approved plans. 2. Any fence over six feet tall requires a building permit issued by the city. The city building official will require the submittal of a structural plan for the proposed fence approved by a registered engineer with the building permit materials. 3. The proposed outdoor storage area and site work must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on ,2008. 32 MEMORANDUM DATE: Acting City Manager Tom Ekstrand, Senior Planner Legacy Village Rental Townhomes/Executive Offices/Retail Site Design Revisions February 12, 2008 TO: FROM: SUBJECT: INTRODUCTION Requests Frank Janes, with the Hartford Group, master developer of Legacy Village, wishes to discuss with the planning commission and city council alternative use and design ideas for the undeveloped portions of Legacy Village. Mr. Janes is proposing changes to two sites. The first site was originally approved to be a rental townhomes/executive office suites sites at the southwest corner of Kennard Street and County Road D. The second site is the retail area west of Ashley Furniture south of County Road D. Refer to the attachments. Rental Townhomes and Executive Offices Site The PUD (planned unit development) approved town homes and an office building on these 14 acres. The approved townhome layout was for 91 units. The applicant is now suggesting a revised layout that would consist of: . A four-story, 113-room hotel . A three-story, 49 unit multi-family housing structure (rental or ownership not defined) . An 18-unit townhome project . A 15,500-square-foot day care facility Mr. Janes has stated that "given the negative state of the residential market and the inventory of existing town homes in Legacy Village, we have some altemative uses that we believe could be developed presently and still work in the overall development." Multi-tenant Retail Site The proposed use of this site is the same. It was approved originally to be a strip-retail or strip-commercial center. The main difference with the proposed layout is that the building would be placed on the south side of the site near Village Trail East, not near County Road D with a reduced front setback. Mr. Janes will be present to review his alternative ideas to the planning commission and the city council in hopes of getting support for these revisions. If the planning commission and council find these revisions favorable, he would then submit the required application materials for formal review by the city. BACKGROUND July 14, 2003: The city council approved the Legacy Village PUD, comprehensive plan amendment, tax-abatement plan and preliminary plat for Legacy Village. Legacy Village Development Status Since the council approved the Legacy Village PUD, the following projects have been approved or built: . Heritage Square Townhomes (220 units) . Heritage Square 2nd Addition (81 units) . Wyngate Rental Townhomes (50 units) . Ashley Furniture . Kennard Professional Building (east half of this site still to be developed) . Maplewood Sculpture Park . Legacy Shoppes Retail (design plans approved, but no building permit pulled) . Ramsey County Library . Seniors Apartment (116 units, approved and construction pending) DISCUSSION Retail Site/Reduced front setbacks The common element in place throughout Legacy Village (with the exception of the Ramsey County Library) is that of reduced front setbacks. These reduced front setbacks were intended to give the aesthetic, "neighborhood community" feel to the pedestrian- friendly, walkable nature of Legacy Village. Parking lots were conditioned by the PUD to be behind buildings and not be the prominent feature from the street view. With the Retail Site, this flipping of the parking lot and building is the main change to that site plan. Hotel/Multi-familylDay Care Site This site, to a large degree, puts parking between the streets and the buildings, or at least, with the 49-unit multi-family building, pulls the structure substantially back from Hazelwood Street. SUMMARY Staff has not had time to do a full evaluation of these proposed changes and, therefore, has no recommendation. Our initial reaction to these changes are that the hotel may not be compatible with the nearby multi-family housing due to its size, height and lighting needs (I'd expect, like other hotels/motels, that all-night site lighting is necessary). 2 The other major change is refraining from the reduced-front-setback goal of the Legacy Village PUD. Staff cannot say that this change would alter or hurt the "look and feel" of Legacy Village as a whole, but it would be a definite change from the originally-desired plan. Last, staff has not had the opportunity to get comments from the fire marshal or city engineer, but we question whether the vehicular turnaround south of the 18-townhomes is necessary. p:sec 3\Legacy Townhomes & Retail Anernatives 2 08 te Attachments: 1. Location Map 2. Original Legacy Village PUD Concept Development Plan 3. Approved Townhome Development Plans 4. Approved Legacy Shoppes Retail Strip Center Plans 5. Proposed "Town home Site" Revisions 6. Proposed Retail Strip Center Revisions 7. PUD Conditions for Both Sites 8. Revised Plans Date-Stamped February 12, 2008 (separate attachment) 3 Attachment 1 .-"--~--------~~- --- - ---- ---------- --------._------- ----------._- ---===~~=.::.~.::::::.=~_::..::_=:_::.::.==.::====.::~:=:..=:=:::::::.:::.:.:::..===.::.:::..:..:::::::.:.:::.._:::: - ----- -- ----- --- --- ----. --- --- -- ~--- -~ ----- ".--" ~-"- ---". ----- ~- --- .----""- ---- -...--- I U~VU8 WI., ._-.-~.=j..:;cfl- ~ ,5~ "" _'-~'S.,\-::_ ~OUtn:'t...ROAD..f) --y ..... ~ "-------, -r f--,.. /:;>~ ~ - - -:-~:~~UTIVEit\ -\''''-'-'8' [J" : ; :- RETAIL- ~ II:: i Ii ~ OFFICE \-." ,II: : ' , ,.' 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"~COUNTYROADD ~~-. ------- --r; .~ ~'"~~="-~" ~ '~ "- , ,~ ,", ~ , ", " \~~~ ~ -------~---------~! ,,- ~~ - I _..-r::~ " ',\\ I"" j".fW-o" \\\ 40'-0"0 00'-0,"\\ REVISED LAYOUT OF TOWNHOME/EXECUTIVE OFFICE SUITES SITE :L -< Q -f N Q T- o o I::! o I::! ~ ~ >= lli T- O o N ~ l- S ~ j!:! ill I g I ~ ill jll a F ~ ~ o o ;: ..9) ; Ii , , \., I 'i I I I I I I I ~I I: %1 Cl!!! 1 ~Ii 1 1 1 1 I I I I I I I I I I 1 1 --: -r--1 lif - I Mi I : 1~1~ I 1,",:'I!j",[",. Jj L_.dj I 'jl Ii i II 1 IJ I l'il , I' i I! I I III 1 1 rr I J I I '11 ;';! j i; I """.~ , Ii: ~IIJIIII ! "','_',',',,",'.1,,"'1 :: : ~' '.. = ,II i Iii I;'"~ ~II Iii'! I ,~I djill[ .' Ji !.J 'II H j".,.", 1111! ! (( I I" i ,_, -'''Yll-.J II I 11'1' i i I rif! I (( \~ II ! lr'--! I,'l!\ II'L I ' ! 11 i ! k"\1 1 L ,________________~____ " I _ 8~- " .' L..,.._,_.____...__."".__________._:':_':'_____"'''' lr~ ~~ T "'-:~1I1 I I I I I I . ~ ~ ... .c.. U :I" :E... 0" ~~ e~ II: I I . t I I I ".~ J.all~ iMiiNV"i;;j -- Attachment 6 ~ Attachment 7 The use would generate only minimal vehicular tr c on local streets and would not create traffic congestion or unsafe access on exist' g or proposed streets. 6. The use would be served by adequate public acilities and services, including streets, p . ce and fire protection, drainage structur s, water and sewer systems, schools and par . 7. The us would not create excessive dditional costs for public facilities or services. 8. The use wou d maximize the pr servation of and incorporate the site's natural and scenic features into t development esign. . All construction s all follow t site plan that the city stamped June 12,2003. The Director of Community velopment ma approve minor changes. 9. al adverse environmental effects. Approval is subject to these . The propose construction must be ubstantially started or the proposed use utilized within one year of ouncil approval or the rmit shall become null and void. The council may extend thi aeadline for one year. . The ci council shall review this permit in Approval is so subject to the following conditions: 0) ~~n:~~:~:::s:;~~:~~~~~~0 a. The project will be constructed according to the plans from Hartford Group dated 6/2/03 in all details, except as specifically modified by these conditions; b. A sidewalk will be provided continuously on the north or west side of Street A between Kennard Street and Hazelwood Drive, including the segment between the office/clubhouse parking lot and townhome buildings 11 and 12; c. Sidewalk connections will be added connecting the power line trail to the curb of Street A opposite townhome buildings 6 and 8; d. The sidewalks serving the fronts oftownhome buildings 13, 16, 17, 18, 19, and 20 will be extended south to connect with the power line trail; e. Street B and Street C serving the townhomes will be constructed in their entirety with the townhomes, regardless of the status of the multi-family and commercial parcels to the east; f Parking spaces will be provided at the ends of the driveways at the rear of buildings 1,2,3 and 4; 15/16; 19/20; 21/22; and 25/26, and sidewalks will be provided from those parking spaces connecting to the front sidewalks of each of those buildings; g. The infiltration trenches on the south sides of buildings 13/14, 15/16, and 19/20 will be modified to accommodate a revised alignment for the power line trail, provided that reasonable grades are provided for the trail and any sidewalks connecting to it, and approval of the city engineer concerning the size and function of the trenches; h. A 6' -wide sidewalk should be provided if at all possible on the south side of County Road D for the entire length of the project from Hazelwood Drive to Southlawn Drive, through continued discussion between the city and Hartford, focusing on exact sidewalk width, location, and right-of-way needs for turn lanes and other features of the County Road D project; i. A sidewalk will be provided on the south side of County Road D and sidewalks will be provided out to that sidewalk from the north side of buildings 1, 4, 21,22,23,24, and 25, as well as to the clubhouse front entry and the clubhouse parking lot; J. The grades of the power line trail and all sidewalks will meet ADA guidelines for slope; k. Overstory trees will be planted along both sides of Street A at an average ofJO' -40' on center instead ofthe average 70' spacing shown on the plans; 1. Overstory trees will be planted along both sides of Street B and on the west side of Street C at an average ofJO' -40' on center instead of the sometimes 100' spacing shown on the plans, such additional tree islands to be coordinated with modified parking bays that might be added to this street; m. Overstory trees will be planted along both sides of Kennard Street in front of the townhomes at an average of30' -40' on center instead of the average 50'-80' spacing shown on the plans; n. The curve in the middle of Street A opposite buildings 10 and 12 will be flattened as much as possible to limit headlights aimed into the front of the units; o. Front building setbacks (clubhouse and buildings 1,4,5, 14, 15,21,22,23,24,25, and 26) to Hazelwood Drive, Kennard Street, and County Road D that are less than required by the Zoning Code are specifically approved within this PUD as shown on the site plan, down to a minimum of 5' for the clubhouse and 15' for the tOwnhome buildings, in order to enhance the urban character of the streets and intersections; p. Side yard building setbacks for all buildings that are less than required by the Zoning Code are specifically approved within this PUD as shown on the site plan; q. Visitor parking spaces for the rental townhomes will be added or modified as follows: i. Parking spaces will be added so there is a total of at least 48 spaces on the west side of Kennard and at least 51 spaces on the east side of Kennard, such that the front door of no unit is more than 200 feet from a group of at least 5 spaces. II. Street A will be widened to 26' curb-to-curb and on-street parallel parking will be added along the north and west sides of the street except for within 100' of the pavement of Hazelwood Drive and Kennard Street. iii. The private drive immediately south of buildings 2 and 3 will be widened to 26' curb-to-curb and on-street parallel parking will be added along the north side of the drive. IV. Parking areas will be added behind buildings 1 and 4 where the driveway abuts the ponding area, consistent with the recommendation of the city engineer on providing adequate grading and functioning ofthe pond. v. Parking areas will be added behind buildings 15/16, 19/20,21/22, and 25/26 to meet the parking and distance criteria cited here. VI. Street B will be widened to 26' curb-to-curb and parallel parking will be added along the north and west sides of the street, or additional angled parking will be added to meet the criteria for parking spaces cited here. r. The parking lot for the clubhouse/office building will be modified to add "proof of parking" spaces in the green area north and east of the swimming pool, for a total of 91 spaces possible in the lot. Such spaces will only be constructed if the owner believes they are needed, or if they are needed in the future to address parking problems at the building in the opinion of the community development director, who can order the spaces to be constructed. Such spaces will maintain a sidewalk connection between the swimming pool and clubhouse building in an island in the middle of the parking bays as shown on the plans; s. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. 2) Senior Assist a. setbacks to nnard Street and Legacy Parkway that are less than required by the Zoning de are sp cifically approved within this PUD as shown on the site plan, down to a mininm of 5', in order to enhance the urban character of the streets and intersection; b. Emergency exits - ~ fro . g Kennard Street and one fronting Legacy Parkway - will provide sidewalk fnnections the sidewalks on the street; c. A sidewalk cophection will be provi d near the south side of the building connecting Kennard Str~t to the path around the nd to the east; d. The entry;' the far south end of the bUil~"1l provide a sidewalk connection to the sidewalll noted above; mE> '~ / e. The emergency exit on the southwest face of the building near the south end of the building will provide a sidewalk connection to the sidewalk noted above; f The emergency exit on the south face of the northeastern leg of the building will provide a sidewalk connection south to the sidewalk abutting the parking lot; g. Overstory trees will be planted along the east side of Kennard Street and the south side of Legacy Parkway at an average of30'-40' on center instead of the average 80'-100' spacing shown on the plans; h. Revise the site plan to show proof-of-parking to reduce the amount of surface parking. 3) Multi-Family Site (Outlot B): a. The multi-family site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use of the property is allowed as long as the provisions of the R-3A or R-3B zoning district (depending on the building size) and conditions outlined here are met; b. The multi-family site is approved for up to 50 units of housing; c. A building corner should be within 30' of the curb on the roundabout to maintain the character of the intersection; d. The building or buildings must be designed to continue the general pattern and sight lines of the townhomes to the west; e. Sidewalk connections must be provided to the power line trail on the south side of the parcel; f. Visitor parking must be provided at a ratio of 1/2 space per unit no more than 200' from the front door of any unit if townhomes are built, or the front entry of the apartment building if apartments are built; g. A play area or tot lot must be provided on site with easy access to the building entries and to the power line trail, within reasonable sight of as many of the units as possible; h. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; i. Overstory trees must be planted along the north side of the extension of Street B at an average of30' -40' on center; J. An easement over the power line trail on this parcel will be provided to the city for access and maintenance. - ~ G;::lIcommercial (Outlot A): ::> a. The retail/commercial site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The building(s) on the retail/commercial site should be sited on the north side of the parcel within 15' of the County Road D right-of-way with all parking to the south; c. The applicant shall submit a comprehensive sign plan. One criteria to be established, however, is that pylon signs shall not be allowed. Monument signs may be allowed, but shall not exceed 12 feet in height; d. The architectural character and exterior building materials must be in keeping with the adjacent townhomes and other buildings if present; e. Access to the site will be off the east leg of the roundabout and another access drive off Street C between the roundabout and County Road D; and to County Road D at a shared driveway with the adjacent furniture store site; f. All ground-mounted and roof-mounted mechanical equipment shall be screened according to ordinance; g. Overstory trees must be planted along the south side of the extension of Street B at an average of 30' -40' on center. h. Adequate separation, buffering and screening must be provided for the multi-family residential units from the front doors, parking areas, loading areas, and mechanical equipment of this commercial building; 5) a. The fuml ure store is planned in concept my within the PUD and will come in for design review an pproval at a later date, bu he use is allowed as long as the provisions of the BC zoning trict and conditions ou ed here are met; b. The building sh ld be sited on t north side of the parcel within 15' of the County Road D and Southlawn rive rights- -way with all parking to the south. The design of the comer of the buildin should e such that reasonable and safe sight distances are maintained at County oad and Southlawn; c. d. The architectur character and ext ior building materials must be in keeping with the adjacent tow omes and other buildi s if present; e. Access to e site will be off the extension fthe east leg ofthe roundabout, to County Road D a shared driveway with the adjace t retail/commercial site and up to two drivew y accesses to Southlawn Drive at point to be approved by the city engineer; ~ f. Alyground-mounted and roof-mounted mechanical equipment shall be screened according 1:6' ordinance; 2030 Comprehensive Plan City of Maplewood Comprehensive Plan - Land Use Exercise Planning Commission February 19, 2008 Attached to this sheet is an llX 17 map of Maplewood showing the current City land use plan. Please use this map to help you think about what Maplewood should look like in 2030. TIunk about the areas in your neighborhood and in the rest of the City that you believe could be better utilized. Identify on the map locations in the City that you feel are now under used or that you think would better serve the city with a different land use. For example, if you think the city should guide the area where City Hall sits for commercial land uses, circle the City Hall area and write commercial next to it. Try to think of areas larger than a single parcel - look for cohesion between land uses. At the end of this page there is room for you to write comments. Please attach additional sheets of paper as you may need. Please complete this worksheet and have it ready to turn in at the March 4, 2008 Planning Commission meeting. City staff and MFRA will use the information from these worksheets and maps to help us decipher what areas of the City the staff and consultants need to focus on during this comprehensive planning process. If you have any questions about the purpose and intent of this exercise, please contact Tom Ekstrand, Sauor Planner, at 651-249-2302 T0l11.Ekstrand(ii1ci.maplewood.mn.us. or Ken Roberts at 651-249-2303. \"3~r.._ . em' OF MAf'LEH'OOfl 2n"-Pn