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Home My WebLink About2004-07-29 OPH Ltr to ApplicantCit of Oak Park Heights 14168 Oak Park Blvd N.• Box 2007 o Oak Park Hei MN 55082 • (6S 1) 439-4439 0 Fax 439-0574 Jul 29"', 2004 Mr. Ron Elsner Xcel Ener 414 Nicollet Mall Minneapolis, MN 55401 RE: Conditional Use Permit - N[ERP Project Dear Mr. Elsner, To clarif a brief conversation I had with D=eH Knutson, I thou I would g ive y ou the followin summar As y ou are aware, the Oak Park Hei Cit Council did g rant approval of Xcel Ener Conditional Use Permit Application at its re Cit Council meetin as held on Jul 27h,,2004. The approval was g ranted with specific conditions that were as outlined in the ori Council Resolution - a cop of which is attached hereto. As y ou will recall, Item 9 was removed b the Council, Over the next several da the Cit Attorne Office shall be draftin the actual Conditional Use Permit document which will incorporate such conditions. Once the Permit is drafted, both Xcel Ener and the Cit must execute the Permit and such Permit must then be recorded with Washin Count in proper format before the Permit actuall becomes valid and " M`-effect", re of the terms of its approval. And, -until such process is completed, Xcel Ener would not hold an authorisation to proceed. Accordin if Xcel Ener has an intention to proceed with its project prior to the re completion of the necessar Conditional Use Permit documents please advise the Cit immediatel Hopefull this will clarif an process q uestions. In the interim, I would be happ to address an further issues t y ou ma ve. pectful l Eric Johnson Cit Adrid * at ME P.s.: For Ybur 9(onvenience I have included a cop of the videotape from the Council meetin Cc: Mr. Mark Vierlin Cit Attorne Mr. David Sn Mr. Mark Fritsch, Xcel Ener Mr. Darrell Knutson, Xcel Ener Weekl Notes RESOLUTION NOV CITY courrcIL CITY OF OAK PARK HEIGHTS WASHIN'GTON COUNTY,11fiINNESbTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE BEQUEST BY XCEL ENERGY FOR A CONDITIONAL USE PERAM FOR E"PROVEMENTS IN THE RIVER E"PACT DI5TAICI' A CONDITIONAL USE PERNUT FOR LAND RECLAMATION AND GRADING, AND VARIANCES FROM HEIGHT REQUIREMENTS AND IMPERVIOUS SURFACE COVERAGE REQUIREWNTS FOR THE ALLEN S. IONG GENERATION PLANT BE APPROVED WITH. CONDITIONS W]U "� , the Cit of oak Park Heights has received a request from Xcel 9 , t Distr � w w onal . • use permit for imp in the River Impacict, a cond Energy for a conditional � � . re clamation and g rading, and , variances from height requirements and use pernut for land re gr g • I mpervious surface coverage requirements for the amen S. King Generation Plant; and after g re u q • p ublic lie ar relative thereto, the P1 * 9 Commission of oak Park having conducted a pub g , , • t the ap be ap with conditions. The City Council of the Heights recommended tha PP PP pity of o ak Park Heig makes the following findings of fact and resolution: The areal p ro p erty affected by said application is legally described as follows, to wit: SEE ATTAC A 2. The a ppli c ant has submitted an application and supporting PP . the Com�muni Development Dep�m.elit consisting of the foUowing items: do cur�aentatlon to �' P SEE ATTACHMENT 13 r 6 .0 3. The subject site is zoned 1, Industrial District in which power plants are a permitted use. The frig plant is in a River P Impact District which requires a conditional u-se a conditional use permit is also required for the fill. that is to be permit for construction activities, P added to stall flood d control devices and a variance from the Zoning Ordinance and St. Croix and Ordinance is q Bluff and horel required for building height and hnpervious surface coverage requirements; an 4. City staff prepared a planu�' g report dated July 9 2004 reviewing the request; and 5. Said report recoxinend.ed approval of the two conditional use permits and variances for building height, subject to the f .f llrn ent of conditions; and 6. The PI �ng Oornnussion held a public hearing at their JulY 15,, 2004 meet took comments from the applicants and public, closed the public hearing, and recom aended that the a pp subject lication be approved to the fulfilment of conditions. No v, T REFGRE, BE IT RESOLVED BY THE CITY CGUNCIE . FOR THE Cff Y of OAK PARR SIGHTS THAT CITY COUNCIL CIL AP PRO V. S THE FOLLOWING: A. The application submitted by Xcel Energy for a conditional use permit for improvements in the River Impact District, a conditional use permit for land reclamation anal gracing, and variances from height requirements and impervious surface coverage allowances for the Allen. S. King Generation Plant and affecting the, real property as follows SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subj to the following findings related to the request for the building height and impervious surface coverage variances 1. A P ower generation plant is a unique structure in the City of Oak Park Heights with specific requirements for construction and operation. The design of the structure necessitates the building and structure heights requested for the proper functioning of the plant. 2 . The plant stack and portions of the existing structure are constructed at heights that exceed the new structural elements proposed. The new structures will in no way exceed what exists today. 3. The power generation plant provides a public service as to providing clean., safe and dependable energy for the r egion. The purposes of the plant improvements are to provide state of the art pollution control devices and e xt e nd the life of the plant. 4. The slight increase in impervious surface coverage w not negatively �E.mpact the drainage patterns or water quality of stortnwater runoff from the site. Further, the City Council of the City of Oak Park Heights approves the conditional use permits and vafances for the Allen. S. King Generation Plant with the following conditions: 0 1, Xcel shall work with the Andersen Corporation, NInDOT, and the City as the work progresses to analyze any traffic concerns for Highway 95. 2. Xcel shall construct at least 300 parking stalls to accommodate construction perso =el for the project, 311 All ligbfing at the censtmction site and temporary parking lots shdl be in compliance with the Zofting Ordinance. 4o The tree removal and replacement shall be subject to review and approval of the City .Arborist. No additional landscapi is required for the prof e ct. 5. The City will not require conformance with the Design Guidelines for the project. 6. The plan' for the project must be submitted to and are subject to approval of the Corps of Engineers, Minnesota. pollution Control Agency, Depart=,nt of Natural Resources, and others that may apply, 7. Xcel anticipates that the boiler and turbine will not be considered exempt for tax purposes under lam' Statutes 272.02 or as amended. 8. The City of Oak park Heights reserves its right to collect tax revenue and/or fees on any and au improvements implemented on this site as allowed by lair. The City f ether reserves its right to collect tax revenues and/or fees that , occur or would otherwise be recalculated on this project resulting from any statutory amendments or legislative /rQ changes. Any other conditions of the City staff, plug Commission and City Council. .Approved by the City Council, of the City of oak park HeighU this 27th dad' of July 2004. David $eaudet, Mayor ATTEST: Eric A. Johnson, City Administrator