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HomeMy WebLinkAbout2005-08-15 OPH Ltr to Applicant Re Bldg #33 & Fill Request. x� Sy�H.� Cit of Oak Park Hei 14168 Oak Park Blvd. N a Box 2007 * Oak Park Hei MN 55082 * Phone ( 651 ) 439-4439 9 Fax (651) 439-0574 Au 15, 2005 W Russ Girtz Xcel Ener 1103 Kin Plant Road Ba MN 55082 RE: Buildin 433 and Fill Re Dear Mr. Girtz This letter addresses two issues as above. BuBdi You ma proceed with the construction of this facilit subject to the terms and discussion we held at Cit between y ourself, Tim Schappa, Darrell Knutson, Jim Butler and m Specificall the footin / slab element of the structure were in q uestion. The Cit however stron recommends that Xcel install its footin and foundation to the extent as discussed (three options) and as provided b y our en American En Testin Inc. dated June 27 th , 2005. Should Xcel opt to not to install these footin to the extent as recommended, the Cit will allow the construction of the facilit with the following- conditions: 6-0 1. Xcel shall b a date not later than Jul P) 2008 and, ollowin at least two "freeze -thaw c provide explicit and documented evidence b a Structural En licensed in Minnesota and at its own expense to the Cit of Oak Park Hei that the structural inte of the buildin and its foundation remain intact, are without material defect and are safe. Should Xcel' fail to provide such evidence or should the data provided not indicate that facilit as safe, the Cit shall condemn such structure and order the facilit removed All costs for removal and site restoration shall be P rovided b Acel Ener 2. Thefacilit shall onl be utilized as a cold stora facilit In order to proceed from this point to allow such construction with these conditions, I need a letter from Xcel Ener si b the responsible part that indicates that it accepts the above conditions (in italics) and that it waives its ri a such buildin condemnation and/or special assessment. I would like to also remind y ou that this facilit is alread burdened with certain use conditions as a upon b Mark Fristch, Plant Mana subject to the terms of m letter dated April 41, 2005, Fill R Xcel ma not proceed with the placement of 300,000 s feet of fill in the area y ou re in y our email dated 8/10/05, or in an area, without the issuance of a Conditional Use Permit subject to the terms of Section 308 of the City Code. In the past, the City has granted Xcel Energy latitude in its review process to expedite vastly smaller scale projects. Again, this current proposal is a significant p roject involving approximately 300,000 square feet of fill material. The City would only consider � such request through the formal process' Conditional Use Permit. Until such permit is issued, all fill shall be removed from the site. Should you wish to pursue a Conditional Use Permit for this project, please advise me as soon as possible. Let me know you have any further questions. cere ric 7 on City ' 'strator Cc: Mark vierling, City .Attorney Jinn Butler, wilding Official Darrell Knutson., Xcel Energy Ron Elsner, Xcel Energy Mark Fritsch, Xcel Energy