HomeMy WebLinkAbout2024-01-22 Emailed CUP to CA For Recording Julie Hultman
From: Julie Hultman
Sent: Monday, January 22, 2024 10:15 AM
To: Kevin Sandstrom
Cc: 'Kathy Wahlman'; Carol Dawson
Subject: NSP dba Xcel Energy CUP - Oak Park Heights
Attachments: SKMBT_C55424012209550.pdf
Good-morning again -
Attached is the CUP & Certification Page for Northern States Power dba Xcel Energy. Please record at your earliest.
Thank you,
From: bizhubC554@cityofoakparkheights.com <bizhubC554@cityofoakparkheights.com>
Sent: Monday, January 22, 2024 9:56 AM
To:Julie Hultman <jhultman@cityofoakparkheights.com>
Subject: Message from KMBT_C554
1
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park
Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document:
Conditional Use Permit
To Allow
Security/Screening Fencing
For
Northern States Power Company, dba Xcel Energy
At
5789 Stagecoach Trail, N.
City of Oak Park Heights
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a
full, true, and complete copy of said document within the files of the City of Oak Park Heights.
WITNESS my hand and the seal of the City of Oak Park Heights, this 18th day of
January, 2024. -`S
•
Jaco ife
City Administrator =. C., "%
VAt0
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT TO ALLOW SECURITY/SCREENING FENCING AT 5789
STAGECOACH TRAIL NORTH
Planners File No.: 236.02-23.05 Date Issued: I I- 2023
City Council Approval November 28,2023
Legal Description: See Attached Exhibit A
Owner/Applicant: Northern States Power Company,dba Xcel Energy
Attn: Brian Sullivan
414 Nicolett Mall, 6th Floor
Minneapolis, MN 55401
Site Address: 5789 Stagecoach Trail North
Oak Park Heights,MN 55082
Present Zoning District: O-Open Space Conservation District
Permitted uses set forth in Ordinance 401 Section 401.15.E
I. CUP FOR:
The City of Oak Park Heights approved an application from Xcel Energy for a Conditional Use Permit to
allow construction of a 10-foot security and screening fence at the Xcel Energy Substation, 5789
Stagecoach Trail North. The fence will be constructed of wood along the north, west, and south sides of
the substation with a gate at the southeast corner. At the east side of the substation a 10-foot black chain
link fence will be installed.
Planning Staff prepared planning reports dated November 2,2023 reviewing the request, and the Planning
Commission held a public hearing on November 9, 2023 and recommended approval with conditions.
The City Council considered all materials, staff reports, and recommendations on November 28,2023 and
passed a Resolution approving the Conditional Use Permit subject to conditions as follows:
II. ADDITIONAL RESTRICTIONS AND CONDITIONS.
1. Non-security lighting, if installed, shall be full cut off and comply with the Zoning Ordinance
requirements.
2. If Xcel determines a need for a storage area to the south of the substation, screening and City
review shall be required.
1
3. Xcel shall provide fence construction plans as part of the required building permit subject to City
Staff review.
III. Reference Attachment:
The reports of the City Planner dated November 2, 2023, and all exhibits and site plans approved by
the City Council are annexed hereto by reference as Exhibit B.
IV. Abandonment:This permit requires continuous use in order to preserve the Conditional Uses granted
by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted
hereunder upon the site for a period of 12 continuous months shall void the permit.
V. Annual review: An annual review is not imposed as a condition of this permit.
IN WITNESS WHEREOF,the parties have set forth their hands and seals.
CITY OF OAK PARK HEIGHTS
Date: / — t.
By � �
M C omber, Mayor
Date: L "Al a°24 By
Ja ob fe, City Administrator
OWNER/APPLICANT-NORTHERN STATES
POWER COMPANY,DBA XCEL ENERGY
j a
Date: /2-/Z j / S By ~~, .
Brian Sullivan, Siting and Land Rights Agent
This instrument drafted by:
Eckberg Lammers, P.C. (KSS)
1809 Northwestern Avenue
Stillwater, MN 55082
2
EXHIBIT A
LEGAL DESCRIPTION
(Washington CountyGeo. Code 03.029.20.12.0016, 03.029.20.12.0014,AND 03.029.20.13.005)
}'or;.. of the_ Northwest. Quarter .(h' ) of tho Northeast .Quarter (NO), Soction•Three
(3), Township Twenty Nine (29) North, Range Twenty (20) West as follows: Begtx ring
at a point on the East side of Government Road (also om as Main Street) where
the South line of the Northwest Quarter (ham) of the Northeast Quarter (2.'E#) crosses
said road; thence Northwesterly along the East line of said road Eighty (80) feet
more or less to the Southerly line of property now owned by Northern States Power
Company; thence Easterly on a line parallel with the South line of said tract to
the West line of the right-of-way of the Minnesota State Prison spur track; thence
Southeasterly along the ',lest line of said right-of-way to the South line of said
quarter; thence 'westerly along the South line of said quarter to the place of
beginning.
Part of the Southwest Quarter (SW;) of the Northeast Quarter (NES) , Section Three
(3), Township Twenty Nine (29) North, Range Twenty (20) West as follows: Beginnilg
at a point on the East aide of Government Road (also known as ) air. Street) Six (6)'
rods South of the North line of said quarter; thence Southeasterly along the Eget
side of Government Road to the Northwest corner of Lot Two (2), Block One (1)., 'i"
Eat.r,,,,Xbrook and Daggetta Addition; thence Easterly along the North line of Lots Two
(2) and Three (3) of said Addition to the Westerly right-of-way of the Minnesota
State Prison spur track; thence Northwesterly along the Westerly right-of-way of
said spur track to a point Six (6) rods South of the North line of enid quarter;
thence Westerly to point.of beginning.
3
EXHIBIT B
PLANNER'S REPORT AND SITE PLAN
4
•
Oak Park Heights
Request for Council Action
Meeting Date November 28, 2023
Agenda Item Xcel Ene y Substation Conditional Use to Allow Security/Screening Fencing
5789 Stagecoach Trail North
Time Req. 5
Agenda Placement New Business
Originating Department/Requestor City Planner Scott Richards
Requester's Signature
Action Requested Approve Resolution
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached Planning Report and draft Resolution.
Page 17 of 40
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.corn
PLANNING REPORT
TO: Jacob Rife
FROM: Scott Richards
DATE: November 21, 2023
RE: Oak Park Heights — Xcel Energy Substation - Conditional Use to
Allow Security/Screening Fencing — 5789 Stagecoach Trail North
FILE NO: 236.02 — 23.05
BACKGROUND
Brian Sullivan of Xcel Energy has made an application for a Conditional Use Permit
(CUP) to allow construction of a 10 foot security and screening fence at the Xcel Energy
Substation, 5789 Stagecoach Trail North. The fence will be constructed of wood along
the north, west and south sides of the substation with a gate at the southeast corner. At
the east side of the substation a 10 foot black chain link fence will be installed.
The property is zoned 0 — Open Space Conservation District in which electrical
substations are a permitted use. The Conditional Use Permit is required to allow the
fence height of 10 feet.
The Planning Commission, at their November 9, 2023, meeting, held a public hearing,
took the Applicant's and public testimony, and after consideration of the application,
unanimously recommended approval with conditions. The recommended conditions are
found below and the City Council resolution.
Attached for reference:
Exhibit 1: Project Narrative from Xcel Energy — Brian Sullivan
Exhibit 2: Proposed Plan
Exhibit 3: Site Pictures
CONCLUSION AND RECOMMENDATION
The Planning Commission recommended approval of the application for a Conditional
Use Permit to allow construction of a 10 foot security and screening fence at the Xcel
Energy Substation, 5789 Stagecoach Trail North., subject to the following conditions.
The Planning Commission also recommended that the screening provisions of the
Zoning Ordinance be reviewed so simple variations related to fencing and screening
Page 18 of 40
would not require a Conditional Use Permit. The City Council should discuss and
provide direction.
1. Any non-security lighting, if installed, shall be full cut off and comply with the
Zoning Ordinance requirements.
2. If Xcel determines a need for a storage area to the south of the substation,
screening and City review shall be required.
3. Xcel shall provide fence construction plans as part of the required building permit
subject to City Staff review.
Pc: Julie Hultman
Page 19 of 40
erk
XceI Energy@
RESPONSIBLE BY NATURES
October 10,2023
City of Oak Park Heights
14168 Oak Park Blvd.N.
Oak Park Heights.MN
Northern States Power Company. a Minnesota Corporation.dfbla Xcel Energy, herein referred to as "Xcel
Energy", its agents, contractors, and employees will be performing maintenance on Electric Substation,
located at 5789 Stage Coach Trail N . Work will consist of the replacement of the current fence around the
substation. The work is scheduled to take place in 2024. A new 10 foot tall fence will be constructed to
enhance security on the property and for the general upkeep of the fence enclosing our facility.
To ensure the protection of employees, contractors. the general public, and company property and
equipment, Xcel Energy has adopted measures to ensure the safe operation of our facilities. The National
Electric Safety Code states in part that rooms and spaces in which electrical supply conductors or
equipment are installed will be so arranged with fences, screens, partitions, or walls to minimize the
entrance of unauthorized persons or interference by then with equipment inside. The electric transmission
line and the structures and devices that support the lines are an integral part to the delivery of electricity to
our customers. The risk of interrupted service and injury is high for unauthorized access to our equipment.
Only specially trained and equipped personal may enter these areas.
In response to the obligation to increase security at our facilities, Xcel Energy implemented new fence
standards for securing substation properties, The new standards increase the difficulty of gaining unlawful
access into the substation. Analysis has shown that increasing the fence height from 8' to 10' and limiting
the mesh opening in chain link fences openings to less than I" increases the difficulty of scaling the fence.
deterring unauthorized access into the property.
Recent inspections by Xcel Energy identified the need to implement security measures that will reduce the
possibility of unauthorized access to our facilities. The fence improvements include a ten feet tall solid
wood fence along the north. west and south sides of the substation, In addition to security enhancements,
the wood fence will provide a visual screen to the property. The east side of the property and the gates will
be ten feet tall black chain link fence. The chain link will allow first responders visual site lines into the
substation prior to entering the facility. The existing chain link fence around the storage area to the south
side of the substation will be removed.
The fence upgrades are part of Xcel Energy's comprehensive efforts to secure the electric grid. More
specific details about the fence are included for your use. If there are any unanswered questions, don't
hesitate to contact me.
Thank you,
Brian Sullivan
Siting and Land Rights Agent
File; Oak Park Heights Sub
Xcel Energy
414 Nicollet Mall, 06 1 Minneapolis, MN 55401
P: 612.216.8083 I C:612.366.0234
Emailbrian.e.sullivan(cDxcelenergv.com
Page 20 of 40
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RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY
XCEL ENERGY FOR A CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION OF A 10-FOOT SECURITY AND SCREENING
FENCE AT THE XCEL SUBSTATION, 5789 STAGECOACH TRAIL
NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Xcel Energy for a
Conditional Use Permit to allow construction of a 10 foot security and screening fence at
the Xcel Energy Substation at 5789 Stagecoach Trail North; and after having conducted a
public hearing relative thereto,the Planning Commission of Oak Park Heights
recommended that the application be approved with conditions. The City Council of the
City of Oak Park Heights makes the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned 0-Open Space Conservation District in which
electrical substations are a permitted use; and
4. The 10 foot fence will be constructed of wood along the north, west and
south sides of the substation with a gate at the southeast corner; and
5. At the east side of the substation, a 10 foot black chain link fence will be
installed; and
6. Xcel Energy will remove the fencing around the storage area on the south
side of the substation and that area will no longer be used as a storage area; and
Page 28 of 40
7. A Conditional Use Permit is required to allow the 10 foot fence where a
maximum of eight feet is allowed in Section 401.15. E of the Zoning Ordinance; and
8. City staff prepared a planning report dated November 2, 2023, reviewing
the request; and
9. Said report recommended approval of the Conditional Use Permit subject
to the fulfillment of conditions; and
10. The Planning Commission held a public hearing at their November 9,
2023, meeting, took comments from the applicants and public, closed the public hearing,
and recommended the application for approval with conditions.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Xcel Energy for a Conditional Use Permit to allow
construction of a 10 foot security and screening fence at the Xcel Energy Substation at
5789 Stagecoach Trail North 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
with the following conditions:
1. Any non-security lighting, if installed, shall be full cut off and comply with the
Zoning Ordinance requirements.
2. If Xcel determines a need for a storage area to the south of the substation,
screening and City review shall be required.
3. Xcel shall provide fence construction plans as part of the required building permit
subject to City Staff review.
Approved by the City Council of the City of Oak Park Heights this 28th day of November
2023.
Mary McComber, Mayor
ATTEST:
Jacob Rife, City Administrator
2
Page 29 of 40
ATTACHMENT A
Conditional Use Permit
For
Xcel Energy Substation
Security/Screening Fencing
Located at
5789 Stagecoach Trail,N.
Washington County Property Identification Numbers:
03.029.20.12.0016
03.029.20.12.0014
03.029.20.13.0005
Page 30 of 40
ATTACHMENT B
4
•
Conditional Use Permit
For
Xcel Energy Substation
Security/Screening Fencing
Located at
5789 Stagecoach Trail, N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
Planning Commission Public Hearing& Recommendation: November 9, 2023
Required Approvals: CUP
City Council 4/5
Conditional Use Permit-Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve(12)months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty(30)days before the expiration of said approval.
(401.03.C.4.a and b)
Page 31 of 40
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Page 32 of 40