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Home My WebLink About2013-05-29 CC Resolution 13-05-20 RESOLUTION NO. 13 - 0 5 - 2 0 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 EDWARD KRAEMER AND SONS, INC. FOR AN AMENDED CONDITIONAL USE PERMIT AND INTERIM USE PERMIT TO ALLOW FOR STAGING OPERATIONS RELATED TO CONSTRUCTION OF THE ST CROIX RIVER CROSSING ON XCEL ENERGY PROPERTY AT 1103 KING PLANT ROAD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Edward Kraemer and Sons, Inc. for an Amended Conditional Use Permit and Interim Use Permit to allow for staging operations related to construction of the St Croix River Crossing on Xcel Energy property at 1103 King Plant; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the applications be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of facts 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 I, Industrial District in which construction staging and water access would require an Amended Conditional Use Permit and Interim Use Permit. The property is in the River Impact District which required the original Conditional Use Permit for the Allen S. King Plant and the subsequent amendments that have allowed changes to the site and the plant to expand; and 4. The applications have been requested to allow installation of a dock wall area at the existing Xcel boat landing, improvements to the access road to the boat landing, a temporary field office, storage facilities, dumpsters and fuel storage; and 5. The use of the boat landing on Xcel Energy property in the River Impact District for a barge loading area and staging area would require an Amended Conditional Use Permit; and 6. The operations by Edward Kraemer and Sons, Inc. would require an Interim Use Permit. Approval of the use would be until November 30, 2014 with the possibility of an extension by the City Council; and 7. City staff prepared a planning report dated May 8, 2013 reviewing the request; and 8. Said report recommended approval of the Amended Conditional Use Permit and Interim Use Permit subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their May 16, 2013 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the applications be approved 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 Edward Kraemer and Sons, Inc. for an Amended Conditional Use Permit and Interim Use Permit to allow for staging operations related to construction of the St Croix River Crossing on Xcel Energy property at 1103 King Plant and 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. The Interim Use of the site by Edward Kraemer shall not extend beyond November 30, 2014. The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The City Engineer shall review the access plan and make any recommendations regarding access and traffic. A parking area plan shall be provided to the City Engineer for review and approval. 3. All tree removal and trimming shall be subject to review and approval of the City Arborist. 4. Any freestanding lighting placed on the site shall be in compliance with the Zoning Ordinance and subject to review and approval of City staff. 2 • • 5. The applicant shall take measures to minimize soil run off into the St Croix River. A soil erosion plan or any grading and drainage plans for the site shall be subject to review and approval of the City Engineer. 6. The City will not require conformance with the Design Guidelines for the project. 7. The applicant shall position equipment and materials stored on the property in such a way as to reduce its visibility from the St Croix River. 8. All work associated with the barge activities will occur between 6:00 AM and 10:00 PM. 9. Placement of the fuel tank shall be subject to review and approval of the Fire Marshal and be subject to all local and state requirements. 10. Edward Kraemer shall take all necessary precautions to ensure that the project is performed with utmost safety and care. Best Management Practices and other applicable industry standards shall be followed. 11. Xcel Energy and Edward Kraemer shall be responsible to reimburse the City for costs incurred related to any actual emergency activities (fire suppression, rescue, etc.) stemming from this project. 12. Edward Kraemer shall notify the City Administrator and the City Fire Chief not less than 72 hours prior to activities that involve the use of explosives and inform the City of any intended actions. Edward Kraemer shall meet with the Fire Chief to discuss access protocols and contact information. The Fire Chief may revoke or suspend the Interim Use Permit at any time for just cause. 13. Xcel Energy and Edward Kraemer are responsible to reimburse the City for any and all collateral damages that may occur to any City property due to the operations, including all administrative and legal fees necessary to collect such fees. 14. The Interim Use Permit may be revoked, suspended, modified or edited by the City for just cause. 15. The plans are subject to review and approval of the Department of Natural Resources and any other state or federal regulating agency, if applicable. 3 Approved by the City Council of the City of Oak Park Heights this 29th day of May, 2013. Alit 410 - M. , ( C6m,er, ayor A ' E'.T• Eric A. Jell son, City Administrator r 4 ATTACHMENT A Amended Conditional Use Permit (CUP) & Interim Use Permit Allowing Staging Operations Related To Construction of The St. Croix River Crossing On Xcel Energy Property At 1103 King Plant Road Legally described as: PT GOV LOT 5 LYING EAST OF CM &STP RR EXCEPT: 34.030.20.43.0003 & 34.030.20.43.0004 SUBJ TO 20FT WIDE SEWER EASE EXCEPT:THAT PART OF LOT 5 OF SECTION 34 IN TOWNSHIP 30 NORTH OF RANGE 20 WEST OF THE FOURTH MERIDIAN LYING EASTERLY OF THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO MILWAUKEE AND ST PAUL RAILWAY COMPANY(NOW ABANDONED) DESCRIBED AS FOLLOWS COMMENCING AT A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 5 WHERE THE SAME IS INTERSECTED BY THE EASTERLY LINE OF SAID RAILWAY RIGHT OF WAY THENCE EAST ALONG THE NORTH LINE OF GOVERNMENT LOT 5 A DISTANCE OF 378.8 FEET THENCE SOUTH AT RIGHT ANGLES TO THE NORTH LINE OF SAID GOVERNMENT LOT 5 A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING OF TH TRACT TO BE DESCRIBED THENCE SOUTH ON SAID LINE DRAWN AT RIGHT ANGLES TO THE NORTH LINE OF GOVERNMENT LOT 5 A DISTANCE OF 676.3 FEET THENCE NORTHEASTERLY ON A LINE DRAWN PERPENDICULAR TO THE EAST LINE OF SAID RAILWAY RIGHT OF WAY A DISTANCE OF 152.6 FEET MORE OR LESS TO THE POINT OF INTERSECTION WITH A LINE DRAWN AT RIGHT ANGLES TO THE NORTH LINE OF GOVERNMENT LOT 5 AND PASSING THROUGH A POINT 136 FEET EASTERLY OF THE POINT OF BEGINNING AS MEASURED ALONG A LINE PARALLEL WITH THE NORTH LINE OF GOVERNMENT LOT 5 THENCE NORTHERLY ALONG SAID INTERSECTING LINE AT RIGHT ANGLES TO THE NORTH LINE OF GOVERNMENT LOT 5 A DISTANCE OF 607.7 FEET MORE OR LESS TO A POINT THEREON 100 FEET SOUTH AT RIGHT ANGLES FROM THE NORTH LINE OF GOVERNMENT LOT 5 THENCE WEST PARALLEL TO THE NORTH LINE OF GOVERNMENT LOT 5 136FEET TO A POINT OF BEG AND INCLUDING:PART OF GOVERNMENT LOT 5 SECTION 34 TOWNSHIP 30 RANGE 20 BEING THAT PART LYING BETWEEN RIGHT OF WAY OF CHICAGO ST PAUL MINNEAPOLIS AND OMAHA RAILROAD COMPANY AND RIGHT OF WAY OF CHICAGO MILWAUKEE AND ST PAUL RAILROAD COMPANY EXCEPT THAT PART THEREOF LYING BETWEEN NORTH LINE SAID GOVERNMENT LOT 5 AND LINE RUNNING PARALLEL TO AND 700 FEET SOUTH OF NORTH LINE SAID GOVERNMENT LOT 5 SUBJECT TO EASEMENT AND:PART OF GOVERNMENT LOT 5 SECTION 34 TOWNSH Washington County GEO Code: 34 -03- 020 -43 -0005 ATTACHMENT B • Amended Conditional Use Permit (CUP) & Interim Use Permit Allowing Staging Operations Related To Construction of The St. Croix River Crossing On Xcel Energy Property At 1103 King Plant Road Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed Public Hearing: May 16, 2013 Required Approvals: C.U.P. 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)