HomeMy WebLinkAbout2013-04-22 OPH Mooring Facilities Temporary Use Document to Xcel Energy & MnDOT City of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574
April 22, 2013
TO: Mr. Jim Zyduck, Plant Manager
Via email only : iatneszvdudda gekatov.com
Allen S. King Plant
Xcel Energy (the "Owner")
Mr. Nick Ruba
VIA email only: mubaaEDKRAEMERCOM
ED Kraemer (the "Applicant ")
RE: Temporary Use — Mooring Facilities (pending final decision on Interim Use Permit)
Dear Mr. Zyduck and Mr. Rube:
I am in receipt of the request to have the City consider and issue an Inter m Use Permit so that MNDOT and their subcontractor (the Applicant) may access the St. Croix River
across Xcel Property for which the Owner remains ultimately responsible for. All must utilize best judgment to ensure utmost safety and care, while affording the opportunity to
complete the task You must additionally comply with the following limitations:
1. This permit is valid for 60 calendar days from the date issued by the City below. After that date, if an Interim Use Permit is not issued by the City Council the site must be
vacated by the Applicant and all items restored to preconstmction conditions.
2. Complete in good faith the application and review process as outlined to secure an Interim Use Process. (application, plans and fees have been received)
3. Take all necessary precaution to enure that the project is performed with utmost safety and care. Best Management Practices and other applicable industry standards shall
be followed
4. Secure all DNR and/or MPCA permits or any other permits required by law. (this responsibility falls on the Owner and Applicant)
5. If there is an agreement between the State and Xcel Energy , provide the City a copy of that document not later than May 3', 2013. (Note: this document would be a public
document subject to GDPA, via MNDOT, however, it would be easier for the City to simply secure it through this process.
6. Both the Owner and the Applicant will be responsible to reimburse the City for costs incurred related to any actual emergency activities (fire suppression, rescue, etc)
stenmming from this project.
7. You MUST notify the City Administrator and the City Fire Chief, Mark Swenson - 651- 270 -5385 not less than 72 hours gjgg.to activities that involve any use of
explosives and inform the City of your anticipated actions. The Applicant shall also meet with the Fire Chief to discuss access protocols and contact information The
Fire Chief may revoke or suspend this permit at any time for just cause
8. While none are anticipated, the Applicant and Owner are responsible to reimburse the City for any and all collateral damages that may occur to any city property due to
your activities, including all administrative and legal fees nemecery to collect such dollars.
9. The site development shall strictly follow the plan submitted by the Applicant dated April 8 2013 - as attached and incorporated here as Exhibit A.
10. This Temporary access Permit may be revoked, suspended, modified or edited by the City for just cause during the processing of the Interim Use Permit. This Temporary
Permit is not a guaranty that any final permits will be issued by the City, all work in this regard is at Applicant and Owner's sole risk.
By signing below, you agree to the items above and hold the City harmless from any and all liability resulting from these activities. Once I have from you this signed copy, in
original fo®at^bmay then issue the final permit which will be this document fully signed below by the City and its related attachment.
y. ki °cel Energy (ner4 .
Notary Purl, , and Seal . , J ,,N Cab-a& ,,, "�'� GREGORY P. RING ; Notary Public
� z . Notary Public
;„ State of Minnesota
tanneaota �
t ). r My Commission Expires
g , _ _ knife January 31, 2017
Appli •
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Notary Public , Name . cal 4
Permit A ...., wit '•, ed by
Eric Johnso it iris • y,.
(N• V .n 1 SIG 111
o y- Notary0. r .. _ ..
Cc: Mark Swenson, Fire Chief, Bayport Fire Department
Mark Vierling, City Attorney JENNIFER M. �) R NSKI
Jon Chiglo, MNDOT •,� �r �� �
Molly Shodeen, MNDNR w NOTARY Y - MINNESOTA
Weekly Notes " COMMINOn &tykes Jan. 31.