HomeMy WebLinkAbout2012-10-23 CC Meeting Packet Enclosure Oak Park Heights
Request for Council Action
Meeting Date October 23 2012
Time Required: 5 Minutes
Agenda Item Title: St Croix River Crossing _. Phil Tara's Parking Lot
Agenda Placement Old Business
Originating Department /Reque F Johnson, City Administrator
Requester's Signature
Action Requested See Belo
Background /Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Xcel Energy's King Plant Manager Jim Zyduck, prepared an email that outlined the pending
responsibilities with the transfer of the real estate from Xcel to Phil Tara's, see enclosed. The City
Attorney and 1 met with Jon Chiglo on 10 -18 -12 and determined that these items were very workable and
should net delay pending work items.
Related to this, MNDOT is seeking that the City and Xcel provide a Temporary Construction Permit so
work may proceed. The City may issue such Temporary Permit along with Xcel Energy so work may
commence waiving the CUP Amendment requirement.
Recommendation: Authorize the issuance of the Temporary Construction Permit subject to the
final review and approval of the City Attorney.
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TEMPORARY PERMIT TO �
C.S. 8214
S.P. 8214 -114
Parcel 263A
NSP Company
Dated: County of Washington
The State of Minnesota has by its Commissioner of Transportation established and designated the route of
Trunk Highway No. 36 in Washington County, Minnesota.
It is necessary that the State of Minnesota use for transportation purposes real property situated in Washington
County, Minnesota, described as follows:
See attached Exhibit "A ".
The undersigned, having an interest in the above described real property, understand that they are not required
to surrender possession of real property without just compensation and are not required to surrender lawfully
occupied real property without at least 90 days' notice. For valuable consideration, the undersigned hereby
waive these rights and give the State of Minnesota an immediate right of entry and permit to construct a parking
lot for the future city park as shown on the attached Exhibit "A ". This parking lot satisfies a State Historical
Preservation Office (SHPO) mitigation requirement for S.P. 8214 -114. The City of Oak Park Heights (City) has a
long term license agreement with Northern States Power Company, a Minnesota Corporation (NSPM) to use the
property owned by NSP for public park purposes. This license agreement was effective starting on June 21,
2012 and it is renewable on December 31, 2061. The valuable consideration received by NSPM is goodwill from
the public for the proposed City park because this parking lot will be used by park patrons. NSPM and the City
also receive goodwill from MnDOT for SHPO mitigation purposes.
MnDOT hereby agrees to abide by the terms and conditions for construction and use set forth in the License
Agreement between NSPM and the City; acknowledges that it will be constructing the parking lot at a closed
landfill; and specifically agrees, as a condition of this permit, that all of its construction will be strictly in
compliance with plans that are approved by the Minnesota Pollution Control Agency.
This Permit will expire when MnDOT has completed its construction of the parking lot referenced herein.
Northern States Power Company
By its:
City of Oak Park Heights
By its:
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Eric Johnson
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From: Zyduck, James M <james.zyduck @xcelenergy.com>
Sent: Monday, October 15, 2012 4:42 PM
To: Clarkowski, Todd (DOT)
Cr: Capra, Randy A; Steinwalt, Sue; Eric Johnson
Todd,
As a follow up to my voice mail last week, here is a short list of some items we will need to agree to as part of an MOU or
similar agreement so I can assure my management that Xcel Energy will not be left liable or holding the bag on a parking
lot for a bar /resturant. In addition, we need to be able to justify to our regulators that we have acted in the best interest of
our rate payers.
In the end, we will need to convey the property to Phil's Tara Hideaway. To get to that point, we are suggesting that we
have a Memorandum of Understanding (MOU) or similar that outlines everyones responsibilities. Below is a list of some
of those responsibilities to make it happen. This is not to say we have to have all these things done before you break
ground, only that we have an MOU describing who has committed to what.
1. Propery Description
a. Phil's existing property needs to abut the parking area. Current drawings show a narrow strip of land between Phil's
and his parking lot that Xcel owns with exception of the walkway to the parking lot. To avoid liability issues, Xcel requests
that All property between Phil's existing property and parking lot be conveyed over to Phil's.
b. MnDOT will need to provide the neccessary survey documentation that adequately defines the boundaries of Phil's,
Phil's parking and city parking so proper platting and title work can be completed.
c. MnDOT is responsible for pulling together the title work regarding Phil's property including the additional land to for
the parking area. We (Xcel) will take care of any title work necessary as it relates to the balance of our landfill area.
2. Property Valuation - land is a closed landfill to only be used as parking in future,
a. Can MnDOT provide appraisal or pricing for the parcel to be sold to Phil's for the parking needs.
b. MnDOT (or Phil's through MnDOT) will need to purchase the property needed.
3. Subdivision / Conveyance
a. MnDOT will need to follow the City process regarding subdivision application.
b. Xcel Energy will sign off as land owner as necessary but is not in a position to work through the subdivision process.
c. Phil's needs to be signature to the MOU as committing to taking ownership, liability, maintenance, etc. upon
conveyence of the property.
4. MPCA interface
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a. Xcel Energy will manage the Record of Declaration of Restricted Convenant through the MPCA, this defines the
liability protections for all parties (Xcel, City, Phil) as well as future owners of Phil's.
b. No Association Determination letter or similar for MnDOT and /or Phil's is likely not required, but should MnDOT
need or Phil's request we believe MnDOT owns that.
c. Has MnDOT obtained MPCA approval on the construction plans for the parking and /or frontage road where it may
impact the landfill? We believe this may be a required by MPCA.
Again, some but not all of the above tasks do not need to be complete prior to MnDOT breaking ground. However, we will
need an MOU or similar document of understanding signed by MnDOT which defines these tasks and who is responsible
prior to granting right of access. I already have our legal representation working on an outline of the MOU.
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I have asked the City Attorney to draft the amendment to the License Agreement. Once we have both the amendment
and the MOU we are ready to move forward with construction activities.
Sincerely,
Jim Zyduck •
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