HomeMy WebLinkAbout2007-08-16 OPH Ltr to Applicanty
Cit of Oak Pa
14168 Oak Park Blvd. N Box 2007 Oak- Park Heights, TAN 55082 Phone (651) 439-4439 * Fax (65 439-0574
August 16, 2007
Ms. Jennifer Thulien -Smith
Xcel Energy
414 Nicollet Mail, 51n Floor
Minnea polis, MN 55401
PE: Bayport Substation.
I am in receip of your August t 31h letter addressed to city Attorney Mark vierling the C
Attorney. l feel 11 is necessary and prudent to clarify somb of the remarks contained
therein,
You state that the City and Xcel Energy had agreed to, ",..,not turn on
substation lights at night, except as required for nighttime matntenana 0r in
cases of emergency."
This is in incorrect statement. the City did not agree to this parameter, rather it
is' ONLY FOR cases of an emergency, not maintengnce. I would refer you to
my letter of June 2 5ih, 2007 that clearly only authorizes emergency situations. If
routine maintenance i to be oc.cur*ng at night, then the full cut-off lighting
shall be required to be installed and we w--- l pro ceed back to square -ore on
this matter.
)
You state #hat "Previously the City had communicated to -us that it would
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toletato no more than three cases of emergency nrghffi o Ug #tin g per
- oa th. "
This is an incorrect statement, the City did not make such statement, instead
in the same letter dated June 25th, the correct number is fou times per -month
and was determined based on a commentary from Mr. Chad Nissen of ulteig
Engineers who stated that at worst' emergency operation would be, on
average a "couple of times per month ". This figure was then doubled to
provide Xcel with sonne clear leeway. If this is not the case then please let me
know. Please also note that the City did not Qti M the word "tolerate" that is
your phrasing; Instead Xcel has been supplied with more leeway on this
matter than most other individuals and firms.
3 Lastly, you state that, ,.,You do not feel itol # reaso for the C ity to
terminate the conditional use permit in fhe e vent that there are, for example,
four emergencies per month."
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I would suggest that this would seem excessive from your perspective,
however, the first recourse the city would pursue would be the re-
establishment of the requirement of installing the full -cut off shielding for such
lights; which Xcel Energy has been unwilling to install. The City has also
indicated that Xcel Energy may pursue a VARIANCE to the city ordinance to
legally rectify the requirement. This has been communicated to Mr. David
Callahan on June 8th (see attached), Xcel may also pursue an amendment to
the CUP as indicated in the June 'n letter to Mr. David Callahan. Neither of
these procedurally proper remedies have been pursued by Xcel Energy nor
has the City been provided statutory documentation that demonstrates an
exemption for your `for - profit' enterprise from local zoning laws. Revocation
the CUP should and shall be the ultimate recourse.
At this time, it Mould appear that the permit for the fencing has been properly applied
for and issued. So l will assume that such installation will now comrylence in a timely
fashion. However, please note the above clarifications and understand that use of
ni httire lighting for maintenance purposes is not acceptable and has net been agreed
g
upon, only emergencies, not exceeding on average, four tires per month are compliant
uses of nighttime, non - , compliant lighting
Your remedies beyond these items are as I have explained on several occasions and
with which I am doing so with this correspondence. Xcel Energy may also chose to
remove the sub - station it it doe not feel it wishes to comply with municipal law or agreed
upon permits, /
.WENZ
Sri Ph nson
y Administrator
Cc; hark Vierling, city Attorney
Weekly Notes
Planning File
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