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HomeMy WebLinkAbout2004-08-24 CC Meeting Packet EnclosureA� Oak Park Heights Request for Council Actio Meeting Date: Auggst 24t"., X004 , Agenda Item 'Title :. cel Energy Conditional Use Permit -- MBRP Project - A royal Condi ' ons Time Required: 5 minutes Agenda Placement: Old Business 06gina.ting Department/ Regi4 Requester's Signature Action Requested: discussion and ten Background/ Justification (Please indic implications including budget inf ormat e vision of CUP any previous action, financial and recommendations) On July 27 ", 2004 the City council approved xcel Energy's Conditional Use Permit request. such approval contained specific conditions. xcel Energy is seeking changes to condition 8. Current CLAP Language The City of oak Park Heights reserves its right to collect tax revenue and/or fees on any and all improvements implemented on this site as allowed by law, The City further reserves its right to collect tax revenues and/or fees that occur or w ould otherwise be recalculated on th project resulting from any statutory amendments or legislative changes. Proposed- Proposed xcel The City of oak Park Heights reserves its right to collect tax revenue and /or fees on any and all improvements implemented on this site as allowed by law, The City further reserves its rights to collect tax revenues and/or fees that occur eF we IFU ^� "������° �° � ©�� ^� '�"� °�' ''' this project resulting from any statuto ame ndments or legislative changes to the fax exem t status of gny of the im rovements. In reviewing xcel's proposal to #8 there are two differ 1 ) The deletion of the "recalculating" language. The specific intention of this language was so that the City is clearly stating our options to implement a "siting fee" or other charges- retroactively in the event legislation would be passed to allow that. And, by the City inserting such language xcel would be limited in an argument insofar as the City informed them of this possibility and the condition in the permit precludes a future objection. This intention and option was what Staff wanted to provide for the City. Staff recommends that this language remain intact, 2} The addition of the limiting language of the "tax exempt status of any of the improvements" Staff does not have an objection to xcel's limiting language on the tax - exempt status of the improvements referring back to the legislation. The revised language of condition is recommended by staff to be as fo llows: 11 8. The City of oak Park Heights reserves its right to collect tax revenueland /or fees on any and all improvements implemented on this site as allowed by law. The City further 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 changes to the tax exempt status of the improvements authorized under this permit." son City Administrator ;. � P� 4: Xcel Energy SA4 xS •. Via E -Mail August 12, 2004 Mr. Mark vierlin.g Attorney City of Oak P Heights City Hall 14168 Oak Park Boulevard N. P, C.]. Box 2007 Oak Park. H ei ghts, MN 55082 Rea CUP for A.S. King Plant D ea r Mr. Vierlin.g: Bruce A. Colt Senior Attorney 800 Nicollet Mall, Suite 2900 Minneapolis, Minnesota 55402 Phone: 612.215.4587 Fax: 612.215,4544 I'm writing on behalf of Northern States Power Company d /b /a X Energy ("Xcel Energ On July 27, 2004, the City Council of the City of oak Park Heights (" Coun Meeting ") approved the Conditional Use Permit for the Minnesota Emission Reduction Project ( "MERP ") at the A.S. King Plant. As you know, MET has wide support from various civic and environmental groups because of the positive effects MERP will have on the environment and availability of reliable electrical power to the community. As stated by Mark. Fritsch at the City Council Meeting, NSP has objections to the language in Condition 8 of the CtTI'. Mayor Beaudet understood this objection and requested that NSP work with City Staff to create language that would be acceptable to both the City and NSP. Therefore, please consider this a letter of amendment to modify the language of Condition 8. Further, please consider the following language as a replacement for that Condition. 8: The City of Oak Park Heights reserves its right to collect tax revenue and/or fees on any and all improvements implemented on this site as allowed by law. The City further reserves its rights to collect tax revenues and /or fees that occur on this project resulting from any statutory amendments or legislative changes to the tax exempt status of any of the improvements. Sincerely, Bruce A. Colt S enior Attorney