HomeMy WebLinkAbout2014-03-26 Fully Executed Amended Interim Use Permit - Lunda-Ames Y r t
CITY OF OAK PARK HEIGHTS
INTERIM USE PERMIT FOR TEMPORARY
CONTRUCTION TRAILER USE AND
PLACEMENT
FOR
XCEL ENERGY
NWAC File No.236.02-13.03 Amended Permit Revised :March 26,2014
Legal Description:
See"Exhibit A"Legal description attached hereto
Owner: Xcel Energy
Address: 414 Nicollet Mall
Minneapolis,Minnesota
Site Address: 1103 King Plant Road
Oak Park Heights,MN 55082
Present Zoning District: I-Industrial
Permitted uses set forth in Ordinance 401 Section 401.32 C
I. INTERIM USE PERMIT FOR:
Original IUP-Edward Kraemer&Sons,Inc:
The City of Oak Park Heights has received a request from Northern States Power/Xcel Energy for an
extension of the Interim Use Permit to allow the placement of six temporary office trailers at the A.S. King
Power Plant at 1103 King Plant being the A.S. King Power Plant.
Approval of the use would be for a period ending on August 31,2013, with the possibility of an
extension by the City Council.
The property is zoned I,Industrial District in which power plants and accessory structures are a
permitted use. 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.
Amended IUP Permit: Lunda/Ames
Lunda/Ames will be allowed continued use of the site following the Edward Kraemer and Sons cessation
of their activities for the St. Croix River Crossing project. Site will be occupied until December 31,2016 for
field office use, employee parking,material storage and equipment storage. Portable toilets will also be located
on site as will portable fuel tanks,dumpsters and Trailers.Area will be secured and stages to secure any spills.
Designated wash pits with perimeter control for concrete pump will also be periodically cleaned as needed.
Final site layout will be subject to owner and City approval.
II. The applicant has submitted a site drawing and supporting documentation to the Community Development
Department attached as part of December 5, 2012 planning report.
M. All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the City
of Oak Park Heights
A. The application submitted by Xcel Energy for the Amended Conditional Use Permit and Interim Use
Permit granted to Edward Kraemer and Sons,Inc. on May 28,2013 by the City Council of the City of Oak Park
Heights be extended to Lunda/Ames Joint Venture Company to allow for staging operations related to
construction of the St Croix River Crossing on Xcel Property at 1103 King Plant Road.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 Lunda/Ames Joint Venture Company shall not extend beyond December
31, 2016. 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.
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 tanks shall be subject to review and approval of the Fire Marshal and be subject to
all local and state requirements.
10. Lunda/Ames Joint Venture Company 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 Lunda/Ames Joint Venture Company 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. Lunda/Ames Joint Venture Company 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. Lunda/Ames Joint Venture Company 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 Lunda/Ames Joint Venture Company 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.
IV. This Interim Use Permit is issued in addition to and not in replacement of any other permits previously
issued by the City to this permit holder.
V. Modification of existing CUP's. Issuance of this Interim Use Permit (CUP) neither modifies amends nor
rescinds any prior issued CUP's.
IN WITNESS WHEREOF,the parties have set forth their hands and seals.
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CITY OF OAK P ' HEIGHTS
Date: '112 S I i By ,1 I •
ary M Comber,Mayor
Date: � By/
,`City Administrator
XCEL ENERGY
Date: 'C B
f a/ 4-#* T t7i -
LUNDA/AMES
Date: %ter+-''f `I- B y it/1/4/
Its - t t.1 N.
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Exhibit 1
A.S. King Plant
legal description
That part of Government Lots 2 and 3 in Section 2, Township 29 North, Range
20 West; and also, that part of the NE k of Section 3, Township 29 North,
Range 20 West, and also, that part of Government Lot 5 in Section 34,
Township 30 North, Range 20 West, Washington County, Minnesota. All to be
described as follows: (NOTE: BASIS OF BEARINGS for this description is the
South line of Government Lot 2, Section 2, Township 29 North, Range 20 West
being North 88 degrees 48 minutes 16 seconds East. )
Beginning at an iron monument (found 4 inch well casing) at the Southeast
corner of the SE 14 of the NE '4 of Section 3, Township 29 North, Range 20
West; thence West along the South line of said SE k of the NE k of Section
3 on a bearing of South 88 degrees 47 minutes 45 seconds West a distance of
333. 03 feet to the Northeasterly right-of-way line of the Chicago, St.
Paul, Minneapolis and Omaha Railroad; thence North 38 degrees 03 minutes 13
seconds West along the Northeasterly right-of-way line of said railroad a
distance of 3521. 33 feet (to an aluminum cap monument stamped JLM RLS
#15835) ; thence continuing along said railroad right-of-way on a tangential
curve, concave to the Northeast having a central angle of 5 degrees 51
minutes 52 seconds, a radius of 3057 . 16 feet, a chord bearing of North 34
degrees 37 minutes 17 seconds West with a chord distance of 366. 05 feet to
the South line of the North 700. 00 feet of Government Lot 5 in Section 34,
Township 30 North, Range 20 West (set an aluminum cap stamped JLM RLS
#15835; thence North 88 degrees 47 minutes 54 seconds East along said South
line of the North 700. 00 feet of said Government Lot 5 for a distance of
440.23 feet to its intersection with the southwesterly right-of-way of the
former Chicago, Milwaukee, St. Paul and Pacific Railway Company, thence
along said Railway right-of-way southeasterly on a concave curve to the
Northeast, having a central angle of 01 degree 28 minutes 21 seconds, a
radius of 5779. 65 feet, a chord bearing of South 30 degrees 27 minutes 20
seconds East with a chord distance of 148 .53 feet to an aluminum cap
stamped JLM RLS #15835, thence North 58 degrees 48 minutes 30 seconds East
radial to said curve a distance of 105. 60 feet to the southeast corner of
the property described in Book 303 of Deeds, page 772 in the Washington
County Recorders office (found brass cap in concrete) ; thence North 01
degree 12 minutes 06 seconds West along the east line of said last
described deed a distance of 0. 50 feet to an aluminum cap stamped JLM RLS
#15835 said point also being the southwesterly corner of a tract of land
recorded as Document No. 629805 at the Washington County Recorders office;
thence North 58 degrees 48 minutes 30 seconds East along the southerly line
of said Document No. 629805 a distance of 157 . 02 feet to an aluminum cap
stamped JLM RLS #15835; thence North 01 degrees 12 minutes 06 seconds West
along the East line of said Document No. 629805 a distance of 597 . 81 feet
to an aluminum cap stamped JLM RLS #15835, said point also being 100. 00
feet South of the North line of Government Lot 5, in Section 34, Township
30 North, Range 20 West; thence on a line 100. 00 feet South of and parallel
to said North line of Government Lot 5 having a bearing of North 88 degrees
47 minutes 54 seconds East to the shoreline of Lake St. Croix; thence
Southeasterly along said shoreline of Lake St. Croix to its intersection
with the South line of Government Lot 3 in Section 2, Township 29 North,
Range 20 West; thence Westerly along the south line of said Government Lot
3 on a bearing of South 88 degrees 48 minutes 16 seconds West a distance of
1583.27 feet to a monument (found a 4 inch well casing) at the Southwest
corner of said Government Lot 3 in Section 2; thence Westerly along the
South line of Government Lot 2 in Section 2 on a bearing of South 88
degrees 48 minutes 16 seconds West a distance of 1320. 00 feet to the point
of beginning.
EXCEPT:
That part of the Northwest Quarter of the Northeast Quarter and Government
Lot 1, both in Section 3, Township 29 North, Range 20 West and Government
Lot 5 of Section 34, Township 30 North, Range 20 West, as shown as Parcel
63B on Minnesota Department of Transportation Right of Way Plat Numbered
82-78 as the same is on file of record in the office of the Registrar of
Titles in and for Washington County, Minnesota.
EXCEPT:
That part of the South Half of the Northeast Quarter of Section 3, Township
29 North, Range 20 West, shown as Parcel 53C on Minnesota Department of
Transportation Right of Way Plat numbered 82-75 as the same is on file and
of record in the office of the Registrar of Titles in and for Washington
County, Minnesota
III
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SITE PLAN AND
PROJECT ATTACHMENTS
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Oak Park Heights
Request for Council Action
Meeting Date March 25111,2414
Time Required: 5 Minutes
Agenda Item Title:. Interim Use Permits— = "s cation of Xcel Energy Permit Extension for
SCRCP
Agenda Placement New B
Originating De I:I 111 .1.1 :., �..� fil ,‘,/e g s� , ,1i i i, i .1:
Requester's Signature
Action Requested Please =-= , - ,w
Background/Justification(P1 indicate if any previous action has been taken or if other public
bodies have advised):
The City has received a request from Reel Energy to allow the use of their river access property by the State of
ms's=t acdor,(Linda-Ames,for a continued staging and river access site necessary for access to the St.
Croix River to continue construction of the St.Croix River Crossing.The City in 2013 did previously issue an
Interim Use Permit to Xcel Energy and ED Kremer Construction for a similar purpose related to the construction
staging and river access for the piers.
Linda Ames is the primary contractor who will be constructing the bridge super-structure thin 2016.As such,
Luba Ames has approached Xcel Energy and the City to seek permission to utilize the same site and have the City
extend the Interim Use Permit through December 2016.
Staff would view this use of the property as a continuation for Xcel Energy;would not materially alter the use as
permitted under the now issued 1UP and would not appear to create any collateral burdens for others,neighbors or
property owners.
Recommendation: City Council should take an action that clarifies that the proposed use of the Xcel
Energy site ie not a material change from now roared'VP and haw no objections 179 such Ng by Linda-
Ames subject to similar terms and conditions as issued in the IIP or as may be deemed necessary by the City
Planner and City Attorney.
Enclosures:
• 2013 UP as hosed to Xcel Energy
• Submission from Lunde-Ames
• Letter from Xcel Energy dated 3/10/14
Page 127 of 194
Lunda/Ames Joint Venture
St. Croix River Crossing Superstructure Project
Oak Park Heights Conditional Use Permit
Lunda/Ames JV plans to utilize the Xcel Energy lay-down area currently occupied by Edward Kraemer&
Sons,Inc.for the St.Croix River Crossing Foundations. Lunda/Ames IV has been in contact with Kraemer
and Xcel working on an agreement to mobilize into the area once It Is vacated by Kraemer. The area will
be occupied for the duration of the Superstructure project,beginning In February 2014 and continuing
through December 2016. Similar to Kraemer's use,the fenced in area will be for two field offices
(approximately 12'x 80'),employee parking,material storage and equipment storage. Conex boxes(8'x
20')will be used to store small tools,materials,and safety supplies. Portable toilets will be positioned
near the field office trailer and staked down. Roll off dumpsters will also be staged in this area to collect
and dispose of any waste. Fuel tanks for equipment will be placed on poly with perimeter control to
prevent/contain any spill If one should occur. There will be a designated wash out pit with perimeter
control for the concrete pump,which will be cleaned out as needed. Access roads will remain clear at all
times for Xcel and/or Emergency Services. The site lay out illustrated on the following pages is our
tentative plan and locations of particular items may change as the superintendent deems necessary.
Page 128 of 194
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Page 129 of 194
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Page 130 of 194
� :,,♦ Xcel Energy-
Xcel Energy Company
A S IGng Plant
1103 King Plant Road
Bayport,Minnesota 55003
Telephone:(651)731-5703
March 10, 2014
Mr. Eric Johnson, City Administrator
City of Oak Park Heights k ;" j01
14168 Oak Park Boulevard
P.O. Box 2007
Stillwater, MN 55082
Re: Conditional Use Permit/interim Use Permit—River Crossing Project
Dear Mr. Johnson:
Please be advised that Northern States Power Company, dba Xcel Energy, as the
owner of certain real property described in the 2013 Interim Use Permit granted to
Edward Kraemer & Sons as to the Saint Croix River Crossing Project consents to
extending the Interim Use Permit to allow LUNDAIAmes Joint Venture Company to
also work in the same area on the river crossing project.
Very truly yours,
Ji Z
Plant Director,A.S. King Plant
458202291.DOC
Page 131 of 194
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Recodidi SWUM 3974119
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Mum W
ewociawarrtavea.
SOS NQRThMETERN AVE Codified MIA=War recorded an:
ono
S ILWATERMNB5002 121020136.1eAM
3974119
Orine of the County Reeander
Washington County,Minnesota
Javikr Womb%Munk lbw*,
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
XCEL ENERGY—KRAEMER&SONS
INTERIM USE PERMIT
Return To
Mark J.Vierling,Esq.
Eckborg,Lammers,Briggs,Wolff&Vierling,P.L.L.P
1809 Northwestern Avenue
Stillwater,MN 55082
Page 132 of 194
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NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) as.
CITY OF OAK PARK HEIGHTS )
I
1
I,the undersigned being duly qualified and acting as City Administrator for the City of
9 rtY ty
Oak Park Heights,Minnesota DO HEREBY CERTIFY that I have compared the attached
document:
Amended Conditional Use and interim Permit
Xcel Energy
1163 Sing Plant RA N.
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 semi of the City of Oak • - He _a 1, this 27th day of
November,2013.
iii ..411//
> J
fi 'hnson 4.'
Administrator `' �
•.1 i4..54t5
Page 133 of 194
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CITY OF OAK PARK HEIGHTS
ACRD CONDITIONAL USE AND PITERINM USE PERMIT
FOR
M
NWAC FYe No.236.02-13.03 Amended Permit awed:May 28,2013
Legal Deserlptlem
See`Exhibit A"Legal description attached hereto
Omer: Xod Energy
Address: 414 Nrool et Mall
Minneapolis,Ignmesota
App Edward MUM=and Sena, Inc.
Site Address 1103 King Plait Road
Oak Park Heights,MN 55082
Present Zoning District: I- al
Permitted assn set forth in Ordinance 401 Section 401.05 C-Interim Use and CUP requirements:Code Section
308.01 et sea;Sec 401.03 k7 River Impact DistdCt•
1. AMENDED CONDITIONAL USE PERMIT FOR:
To allow for staging operations related to construction of the St Croix River Crossing on Xccl Energy
property at 1103 King Platt.The following conditions arc imposed:
1. The interim Use of the site by Edward Krasner shall not emend beyond November 30, 2014. The
applicant may request an eaausdon 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 his 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
Page 134 of 194
subject to review and approval of City staff
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 phms for the site shall be submitted to and be subject to review and approval of
the Chy Engineer.
6. The City will not require conformance with the Design Guidelines for the project.
7. The applicant shaU position equipment and dials stored on the property in such a way as to zedu ce
its visibility from the St Croix River.
8. Ail work associated with the barge activities will occur between 6:00 AM and 10:00 PM.
9. Placement of the fired tarok shall be subject to review and approval of the Fire Mandrel and be subject to
all local and spate requirements.
10. Edward Kraemer&Sons,Inc.shall take all necessary precautions to ensure that the project is performed
with a moat safety and care. Best Mantsement Practices and other applicable industry standards shall be
followed.
11. Xcel Rangy and Edward Kraemer shall be responsible to reimburse the City for costs insured related to
any emergency responses and activities(fire neppression,miscue,etc.)stemming flu this project.
12. Edward Kraemer& Sons, Inc. shall notify the City Administrator and the City The Chief not less than
72 hours prior to activities that involve the use of Wives and Mem 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 this 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 came.
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.
IL The applicant has submitted a site drawing and supporting documentation to the Community Development
Department attached as part of the planning report.
Ill.This Conditional Use Permit is issued in addition to and not in replacement of any other permits previously
issued by the City to this permit holder.
Page 135 of 194
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IN WITNESS WHEREOF,the parties have set farm their hands and seals.
CITY OF OAK PARK HEIMITS
D 6v — T— /•S By //._
Mayor
• : 113
Eric Johnson
City Administrator
Edward Kraemer&Sons,Inc.
Da e: e. 2013 BY 4/�
` �P,toaE r MH+'a.G ER
Xcd E otigy(Owner)
Date: '
Page 136 of 194
Exhibit 1
A.S.Kiss That
legal dtion
Page 137 of 194
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Conditional Use Permit(CUP)
Allowing Construction of Two Rail Spun
&Interim Use Permit OUP)
Allowing Placement of Temporary Administrative Trailers
At the Xcei Energy A.S.King Plant-1103 King Plant Road
Legally described as:
That part of Government Lots 2 and 3 n Sect on 2,Township 29 North,Range 20 West;and also,
that part of the NE y Section 3,Township 29 North,Range 20 West,add also,that part of
Government Lot 5 in Section 34,Township 30 North,Range 20,West,Washington County;
Minnesota. All to be described as follows:
(NOTE:BASIS OF BEARINGS for this description is the South line of Government Lot 2,
Section 2,Township 29 North,Range 20 West being North 88 degrees 48 minutes, 16 seconds
East)
Beginning at an iron monument(found 4 inch well ding)at the Southeast corner of the SE1/4
of the NE1/4 of Section 3,Township 29 North,Range 20 West;thence West along the South line
of Said SE1/4 of the NE1/4 of Section 3 on a bearing of South 88 degrees 47 minutes,45
seconds West a distance of 333.03 feet to the Northeasterly risked-way line of the Chicago,St.
Paul and Minneapolis and Omaha Railroad;thence North 38 degrees 03 minutes 13 seconds
West along the Northeasterly right-of-way line of said railroad a distance of 3523.22 feet(to an
ahhminum cap monument stamped)LM RLS#15835);thence continuing along said railroad
right-of-way on a tangential curve,concave to the Northeast having a central angle of 6 degrees
51 minutes 52 seconds,a radius of 3057.16 feet,a chord bearing of North 34 degrees 37 minutes
17 seconds,West with a chord distance of 366.05 feet to the South line of the North 700.00 fleet
of Government Lot S In Section 34,Township 30 North,Range 20 West(set an ahmainum cap
stamped JLM RLS#15835);thence North 88 degrees 47 minutes 54 seconds East along said
South line of the North 700.00 feet of said Oovemment Lot 5for a distance of 440.23 fax to its
intersection with the southwesterly right-of-way of former Chicago,Milwaukee,St.Paul and
Pacific Railway Company,thence along said railway right-of-way southeasterly on a concave
carve to the Northeast,having a central angle of 01 degrees 28 minutes 21 seconds,a radius of
5770.65 feet,a chord bearding of South 30 degrees 27 minutes 20 seconds East with a chord
distance of 148.53 feet to an ahanimnn cap stamped JLM RLS#15835,thence North 58 degrees
48 minutes,30 seconds East radial to said curve a distance of 105.60 feet to the southeast corner
of the property described in Book 303 of Deeds,page 772 in the Washington County Recorder's
office(found brass cap in concrete);thence North 01 degrees 12 minutes 06 seconds West along
the east line of said last described deed ai distance of 0.50 fee to an aluminum cap stamped JLM
RLS#15835 said point also being the southwesterly corner of a tract of land recorded as
Page 138 of 194
Document No.629805 at the Washington County Recorder's office;thence North 58 degrees 48
minutes 30 seconds East along the Southerly line of said Document No.629805 a distance of
157.02 feet to an aiwninum cap stamped JLM RLS#15835;thence North 01 degrees 12 mimes
06 seconds West along the East line of said Document No.629805 a distance of 597.81 feet to an
aluminum cap stamped JLM RID#15835,said point also being 100.00 feet South of the North
line of Government Lot 5,in Section 34,Township 30 North,Range 20 West;thence on a line
100.00 feet South of an parallel to said North line of Goveramart Lot S having a bearing of
North 88 degrees 47 minutes 54 seconds East to the shoreline of Lake St.Croix;thence
Southeasterly along said shoreline of Lake St.Croix to its intersection with the South line of
Government Lot 3 in Section 02,Township 29 North,Range 20 Wei thence Westerly along the
southerly line of said Government Lot 3 on a bearing of South 88 degrees 48 minutes 16 seconds
West a distance of 1683.27 fee,to a monument(found a 4 inch well casing)at the Southwest
cornea of said Government Lot 3,in Section 02;thence Westerly along the South line of
Gott Lot 2 in Section 02 on a bearing of 88 degrees 48 minutes 16 seconds West a
distance of 1320.00 feet to the point of beginning.
EXCEPT:That part of the Northwest Quarter of the Northeast Quarter and Government Lot 1,
both in Section 3,Township 29 North,Range 20 West and Government Lot S of Section 34,
Township 30 North,Range 20 West,as shown as Parcel 63B on Minnesota Department of
Transportation Right-of-Way Plat numbered 82-78 as the same is on file and of record in the
office of the Registrar of Thies in and for Washington County,iota
EXCEPT:That part of the South half of the Northeast Quarter of Section 3,Township 29 North;
Range 20 West,shown as Parcel 63C on Minnesota Department of Transportation Right-of-Way
Plat numbered 82-79 as the same is on file and of record in the office of the Registrar of Titles in
an for Washington County,Minnesota.
Washington County GEO Cade 34-03.020.43-0005
Page 139 of 194
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EXHIBIT 2
SITE PLAN AND
PROJECT ATTACHbIENTS
AND PLANNERS REPORT
Page 140 of 194
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• Seel TM+r.iPn&vim N. 100
i 7164117.0520
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PLANNING REPORT
TO: Edo Johnson
FROM: Scott
ATE: Mk/8.2413
RE Oak Perk Heights-)Gast Energy,A.S.King Plant/MOOT:OOT:Dock,
—Cons San&Use Permit Amendmentfhrisrbn Use
FILE NO: 238A2-13.03
BACKGROUND
Nick Rube,of Edward Kraemer end Sons,Inc.(Edward Kraemer)runs made application
far an amended Oondidonei Uss Petrel (CUP) and Wean Use Puma to anew for
staging operations related to construction of the St Croix Rte Cialekc on)noel En llY
property. The prciect wE consist of betiding a dock via area,at the raiding Siosi boat
landing, Improvements to the access mad to the boat landing, a tanierray field dace,
storage dies,dumpaters and had stoma The boat landing and the boas'of the
field aloe Is ninth of the Allen S. King Plant. The planet is basted at 1103
King Plant Road and Is a*acard to the St.Croix . Xcel Energy has agreed to the
use of their property for the operations by Edward Kraemer.
The property is zoned I, Industrial DkdrIce in which this type of staging and wing access
0Peration would require a CUP and Maim Use Penrdt. The property is alma in a River
impact District which required the original CUP br the Aden S. King Plant and the
subsequent amendments that have allwed the plant to expend.
Attached for reference:
Exhibit 1: LaydownlStaging Plan,April 8,2013.
Ex h 2: Allen 8.King Plant Properly Layout
Exhibit 3: Pictures of Barge Staging Area
Page 141 of 194
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NIMES ANALYSIS
PM**DeserlatIon. _escdplien of the oberattons by Edward !Creamer
is found In dshe In EAU 1. Etowah;hem that descOlton are a»iMews:
The Awl Energy Amass Paint I l000tod moth of et. sly. 7is area
400*swf•tTwiwWeft!I The SW 4 dock seism whiat hi alstlsWei h the
14Wer hi a *to *owner di haw avow 1 Oh woo
to Waite ihe loodkg and of d redo The MOO Is +treated
deity and WI he matabi wsd In geed waddop condlion. A WI Idt*1 O be a stud
Ott saw le the amt tht I to tt odod. lksionctiv von Me amounf Of room svaRbit
an 6> KW fief *I S or
ba ped 1*.to
stone at the and of the a fader lhan/Walk,them on the bop wharf
theft oohmay tea*pleas.
The eawewend prat Is the melt dem die Wag 11, b the deck Iv L
Ibis asses read www0 be bed an each side wtrh eripet s!d a—, hum 1*ounwnt
g + to the desk salt[ Wi wit ids w on 6*nor*and mouth
aide. %Wood id 1 "and Viand Rib mom ill on*to
have d iw 000rownodolo 6 a isitiiirmi ieborlet
o MONO theR on 610 oanditlen Ofthe atom mai4 Mole Oboe 6
or eletthe'snatedat rat be added between the wiper duly Mime_ to fib Improve the
mad. b*plan on*Wailing a b eatoppaetat the toff*mess void wham the gab
is aasanilecebd Sher meth ar MOW rOCk Wbe tpwid.
The nest port Odds ese Is the X dllgyp nn wee IWO owns*consists of Varney
Is and fenced k yard.
No been lrr op:nyetmw inn with> and swoosh g
are anagfetwwst to we part Mho*o**toed bi pd. Ono the Weed apen arose is oat
we wit IMO o *Wow tomes ta Pretest any materiel that XreI odne ►tae In
their yard, pole fence will then be rsmoad upon completkin of the prwwect.
Title area wit confab a diW olk* (roughly 12 fleet x 80 fir the milieninfandent
personnel.engineer.,and safety used to store cabs OAPs and MO* materiaL A podelon lel be
office barer and faked down. VW wE hews a rod off damps*here hi Bowed and
waste that is preddoed. Koerner rner wf6 haves mai Rot tank(400.600 game) that to
double aired and wit be pod an poly with a palmate'contra A cloned and Mned
WallhOed poll wig be In this area only for the(*noels primp tQ wsah out at. 77*
pit waE be nrov +bred and deemed out when the need srte se. Al cf the ale t unks
wE math out at their concrete Wales. The nleiotlr of the employees pot hi tldt
area and we wel meet wit the local Are doptaknent to ensure they have enou'raw
and the proper tail to dike the prase. Other egrrment and materiel may be
stored hews and the and Environments! Comple c. Manager WI
ensure that ft is stared correctly. If encba rook traterlat is striped at this beaten for
maintenance oldie rood a perfineter control will be provided via mobile niter lope.'
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rI
Compenehsn&we MOIL The Comprehensive Plan designalas the area as Induelriei
lend tree. The proposed use of Use precp.fly for a boat taxing and construction stew
reoagnead as induWdal land ties cOnskitent with the name and polies of the
Plan.
Zoning Osdln aroe. The ills is zoned.1, bid+ iiei Petrel Id r hich .per and
beat landings ant a penallied tee. The gmended CUP to aim the
expanded traa onto, �j 09'Mr4 land the Pa l9010 far o�dt b the
Rivet Impact D `we-operable*of Edward! Kraemer maid be failldered as ell
Interim Use. As such, awaking con be placed on the.oporde , flelludincl a bad
time per d of operation Wilds location. It is suggedwi ihet the IrMeiVn alle be*wed
we*Weer 4f 0.000n 401.05. A-Interim Use Pend%Quinn
the alksemces and 000 for wee thet are le be knead on a property fora bribed
time period.
��The prvoject negative provide' the following Weed t arm es for the
*The Keel dock s of al be accessed off of TN 95 Wag the eine access toad foot me
waeleauter s°e heir dory,or 1 - aMllt Pre r to widen out
the road and viand the b�Wood, inossioNt Of 000 Styr 9* b the .
feciliale 77*
the delveryof metals InClatIng tebarbuak°and 90 foot cast*aeeollbrre
for UP,*w Ora The anwit eenfgo ea&n me lies d r fora hi eke
tractor better to nteneuver the COMM The bushy sal Win.mai the aeon Polk
reload tracks and dvMow 9*yard road to die Moll Poltdart itt The Went condition
of the mad have been drcanteentod to owl sr uric r by a thkd poly. Once our
contract Air the doer'candidata.Is oorriple to the comer seen be metaled to Re origind
condition onion the My or linDOT dkeicte lyre to*we sR es Is for the fir'contracts
associated we the m n of the ire."
Parking end Trill sa. the City Engineer shall review the access plan and make any
fecommendations remedIng=less C. A P wee plan be pn4vided b
the City Engineer for and approval.
Lighthq. The bony is net proposed to belt. Any new lighting of the site will need is
be in compliant*with the Zoning Ordinance and subject to review end approval of City
staff.
Tnesi$c sent g. The pictures taken last fall of the sits and attached Indicate that the
area surrounding the site Is heavily wooded. There ars no other uses or properties that
are impacted by this request, so additional screenhg is not required. The applicant.
should position equipment to be stored on the property m such as way as It Is lees
visible from the dyer. •
eroding and Drainage. Any grading and drainage Issues shell be addressed eeubjed
to review and approval of the City Engineer and the applicable watershed diet.
3
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Depertment of Natural The Department of (MR)hm
Woo Mined of the requat IWy Shodssn, the Ares Wydr0100iet, has indicated that
the Dt t has signed of on the reghlealed ,
Damn GuideNneeb Them are no buildlor proposed for the operations other than the
temporary Ace siruckee, In did 1hi being will be tempoaq►, *Or to be once
Infers appraved for XCet ErhsrgY in the past eorriblinne With Deator tblfdelines is not
Conditional Use Pen*— River Impact DtubIct. The use of the boat lending as a
baMSs a area is subject 1•an minded CUP under the fWier kntiol t DI*L L The
Planning Commission should oortclder the may, olndiortirlontol Moos and
impacts of the purposed project In tanning As moommendstion. The conditional use
pennit criteria, found to Section 401.O3AT of the Zoning Ordinence, are found as
t. Itelatienehlp tote Pavia tad pyph e Otto monletpat ooerAr f
2. The nt*Adfut reedttih affirOw area.
a eNar ruse ei*ems mod torgOgliki M this mr w►N1*i*ar I pan** *oh flf,lr palmed
a The et orr.' sO he a idYq awai.
a The maitre need far a wok yea
f 7 grraratbs byte use le eihrtion b ogeoharteo of'anti matte thepropwg.
a ma pub*seryt N. pada,athoo skaffa
la I lain ai IEre ► ,
P. The prgposad era*oaihror nfy NO of pefferinanee standards comet fad herein (La,
pawkily been&noise,1to
Due to the boalbn Of the boat iarhd and the construction shying area in an indugktal
area, and the boot that It hw been used as a lembg fer a lumber Of 3Im. City Sid
recognises no Wye with the expended use an a temporary tads. The Edward
Kraemer operations wE also be subject to an interim Use h which swap conditions
wilt be placed et Ns operation.
interim the.
Section 401.05.0 of the interim Use Penns Section speednes a number of criteria for the
review and approval of a use. A revisit of those criteria are as fclbwe:
2. New Uses,
a. Conforms to all zoning regu (ions as othere4se oPpOoolgo.
The use whit be required to comply with ail other Zoning Ordinance performance
and use standards.
4
Page 144 of 194
.
b. The dale crewed that wR►lime the wets be Ind "*d$.10
The use will be Mowed Worths until NOventer 30, g014, unless a Smelt*
eon is pranged by the City Councit.
n,.The eadatenoe of the use WI not*woo adaOigrgtl 90811 on the pubic If t A
nestabrary Ibr lee pt to Ms the weal*t4 Ile l
There should be no issues with pubic costs.
d The user agree to any conglorb thet the(My appropriate for
Pentikleittil aft NW
The OPMerit ION be iequbed to spree tao the condibns!n writlnp.
CONCLUSION AND RECOMENDATIO10
Based upon the preceding rrevlerw, City staff nommsrrds approval of the CUP and
intake Use Penn* to adaw for the expanded is of the bat landing area and the
properly*w construction staging on tine Xati properly in the RIVE impact District subject Si
to tw7rpdvwMp cwditions:
1. The Interim Use of the sib by Edward Kraemer *hal riot taterrd beyond
•
aCouTncil b���a ° lwraion of the Nunn Use
2. The City&C OW shell review the encase glen end mains any rscornnwnda'bns
.regarding access and bee ie, A Rte arm plan shah be provided to the City •
En fiercer fqr Widow end approval.
3. All tree removal and trimmbg shall be subject to review and•approval of the City
4. Any freestanding lighting placed on the site shall be in compliance with the
Zoning Ordinance and subject to review and approval of City et#R.
5. The applicant shall take measures to'Minke soil run off into the St Croix River.
A soli erosion plan or any grading and drainage piens for the sits 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.
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Page 145 of 194
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8. AN work assodated vvlth the barge activities will occur between 8:00 AM and
10:00 PM.
9. Placement Of the full slue be stddsd to review and approval of the Fie
Marshal and be subject to al local and stye 1egi*amefl s.
10. Edward Kraemer*ell teice ell fleolmoolY precaulane to ensure that the project Is
performed WINK utmost Safety and tae. Nest.MMenepement Peurtices and other
applicable Industry standard*shod be fAlioWed.
11. poet Energy and Edward Kraemer be responsible to reimburse the City for
coats Incurre4 WOO fp OW.ecturff einergency maths rte suppression,
rescue,etc.)illatfaira*an, prgslit.... •
s nt 12. Edward 'Creamer the MOOlatrelor and the City Fie Chief not
toes 0111172110 :10::l+rrlrb* il �, the use of acpiosMes and inform
tho Cib►of any . . '. shall mast n the Fie Chief
to discuss access idld The Fine Chief nay revoke
or amend the Nd i i� etenglitelorjud cease.
13. )(eel Energy and ROOM*»►' f Mdda to relnbumo lho City for ahoy
and all co ll �'tMt' r calor cal to any City property due to the
cremations, Inakelng ail sdadnisliative and bpi fees necessary to ooMsot sad
fees.
14. The interim flip Psnni may be reveled, mended, milled or edited by the
CllU for J Calls.
15. The plans are abject to 'review and approval of the Department of Natural
Remains and any other state or federal rag dots agency,t appeaeble.
6
Page 146 of 194
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• EXI PT I
MnDOT Project Number; 8221-82045A (T.H. 36)
IA'YDOWN/STAGING PLAN
App 8, 2013
igeoteme,
Edward Kraemer & Sons, Inc.
1020 Cliff Road West
Burnsville, Minnesota 55337
Page 147 of 194
4.• b
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Croix Misr Croak" Piejsot
LAYDOWINST
Aationionaimesetan
O w f j R e v.0 032$1.13 7 P i g s le ofa
DRINUEMIalaga
TAMA .N..NN.NN../INI/l.NYMNN.ANN/.HNMMMM.'NNfH.I.“/I1M/'NYHNstWoNIiNNa
straw .M..I.~«.•./N...a..,.M.i.�M
�y��p .....Y.KHN..IY M.*.MM...NN...i/N....MINNN...NN.HY.*N.MNH..N ■.H..NNINY�!
+A.CN N .NH.Y.NN.NN.f.*NH..NHM..Y.HMI.Y..MYNM.....MN..H.M Atom Pim
APPININIK
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AMIrad
Slikvar
MOO 11=X:10,Arm
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Raw by:KRAEMER &Mad by: lip owd by:
Da*: O$13 Dam Dales
Page 148 of 194
w .a 1
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, Bt.Croix Mar Crossing Allaidolloor ..
LAYDOWN mTA FLAN
Doe NO.; I ram'.0 - is Ages ere
Edward Koerner and Bons, Inc. Mesmer)*plowed to present Our Loydawnlatagerg
P i o n. Tide is our*Mire e plan on how we a OWS the ieletli to ifs. The actual
location of may vary throughout the project dopsrhOM on din Binning and the
functionally. he plan MI also that Kraemer be to help
mink* h ow invade to the St. Chobc River or the astounding tom. At this tune we CID
not adicipide any dewing and(Subbing of owe to one*a bydownfatedihog area.
Meshy Ads
For this project Kraemer plans to she two separate oars lh< n and etapinp.
The areas are shown in the attached diagrams tither general Aare of the layout There
Include:
1) Xoei Erhergy Access Point
2) Stillwater Leos idkal Barge Fadiky
The Xosl Brow Access Pohl is located south of the future bridge site. This area
consists of a few Meted pane. The iket is the dock wall area which is delabd to the
Water Access Plan. In addition to those details Kromer will have a crane in this ems
to fiellab the loader(' and unloading of barges and tasks. The crane is inspected
d*and will be maintained in good wodrbg condition. A sell kit win also be stored th
the area in the event that it is needed. Dspendirng on the amount of room available an
t'x20'cones may be positioned here to store small bole at the end of shit rather than
baling them on the beige where theft could es& take place. .
The second part is the access road from the Xcel iaydown area up to the dock rat.
Th*access road will be bed on each side with super duty sib fence from the current
gate location up to the dodo wall.Thin will protect the wetlands on the north and south
side, Wetland 0 forested and Wetland Xcel Pond rsepsdihrdy. If the WNW road
needs to have tree We trimmed to accommodate the movement of egutpmsnt a
flied oboist will facie the process. Depending on the oondbion of the access
road some dew 5 or slinky, will be added between the super duty dlt fence to
Onion by: r� by: dr•
Dais: 03.29.13 Des: o�r+he
Page 149 of 194
• - / . e
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a*,
�- et Croix AhMr Creasing Iliwiddhsks Project Liwoovnermoble WOO
Oth. 1 Ant 0 .1$ j . 4d6-
iMp'O .the marl. We plan cur belling a traddilli Clad et the end of tha access
road where the gdeincolently boated. ether mtiilah or polled mit**be
The fond pert of**alio b the XodhlY1bWn araa which a Vaddna
be and a tented In yard. Kamer I O born In nammadallian 00 WO and wmldno
on ski quteet ient to use part of th**need In yO d, Oncie4beitillthid aPaa Mb bow
a a leihOOduly Mid fo help arnY sawed SW clethelli Nil in
Thle4e be renteeld Open dietiPleilon of i
T M►voitcOmiti two offii 04*1 x sa'!ldr the �dn0insenk
� pbe 0 �' _. toxin 10 store
Si**gni Bari e NOW and
stetted down. W. wU Indian a its OW dirtraithr bare 10 ONO air*Os that le
Oreacali. # Yunnan > a fa cloiddd Ivied
Wei NAII be pined ter poly igh w yedmeter ointvol. A and tad nonce*
weed*pp ted be in this ante a►My far•the Peep 1 QUI at. TNp Pk will
be onegiomd and cloned as When the nand MON. A.at pucks>
wash out at their cendete fackles. 1 W.r r M the enerpieyses pod in this eia
ford we wI Meet with the i.Ml the X- 0 Mount lh y— room and
the Prier nil to Mee hror*h the Bata. blow equipment and majorki may but mad
heteand the eirbeitntendent and Envinninedel Condlian00 UMW 10.ensure that it
b'at0led comedy.If eratM rock melt is std at to rnatnt n+anoe of the
rand a perimeter'omits!Olio prodded s nurse lust lam.
The ,till doll*witfi w bee aid 0!_ at TH 9 3 4010 the dine*owes rase that the
r pee,or my Street North. We are proposing to*Men out
the road and extend the reikeist 00000 es 0104.10 On the MOP b the Monet. The
we"Olga the delivety of meteliele inckidnp mbar kudos and 00'dedng sections for
the rear pies*. The current crartltjurMbn mates !t extreniey Mod tar a full size
tractor tracer to nuUreirver the corner. The trucks will then cross tore Union Pacific
mb cad hacks and follow the gravel road to the south to the Mel pwidrrg let The
current conditions of the toed have been documented prior to any construction by a
thkd party. Once our contract for the that foundations is complete the comet can be
warren by: reikann irvrAvolvi:
Dm 0829.18 fie; Oats:
Page 150 of 194
p 1
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St Cott Reer C rosshia Rama dine Pra1et
LAVDOINWSTM1440 IRAN
Daa ti�.c L.o 7S 5 f Pre ate
restored to 4$MO*condition unless the aly or MnDOT deeds us la leave It w is for
the other contracts wed ire collseuctlen oldie bide.
The iambi are abaut OR be LOWS far Milk*to the Maw Municipal dupe Fat*y.
It ie beaid omit of TH 95 and north of dde Madna. This Is the saute area that
Kraemer wed last year when palming work on the SINNOr WI MOW. The area
WIN be alrren sd CO Ql TH a6 OM lrrasaner is ptupeaaril to widen the with scorner of the
dated reed as k vest to the farts is iser the Facer,sea WOW Ilan sheets
PheMing the ii nitL This weds w idN the Lebo on of bite t1•li Old the
ren w a l o f about a darn tolls. The area WO then be l ad vial a tloelp.dted road
base WWI* for eUppellin9 the ti*14 Nit is Onhlo ad. if the alealveld box
WOO be moved R would be 11 01•0400 with it.00np ebah*.
This area rrlll be e*ent tai almlior doah TO that Magner oil construct and be used
for n*ells rbew eiraan l that wit be needed for be project(referenco Water Acmes
Plan for delal n of the dock walk The area may =kb a obtaa box for
Mirage of email bale anti A 90/41.on to be p os iq hem d ho slat id
down. Thane Is p tha.a said re4 al dumpier wIN be placed here as wed. This
stagino tree wla arenlally BMW tonnta**for the foe and cgdumna and also may
be used as a place to of bed mbar boats a of the oorrpretlon at the AO!e deck wino
location. We will area use this tree to lit 01,the wader belmheM WAY for tubid hod
alkaflne water. The tat ►WS consist of two or twee fit tor'Rent tartar alms old'a
sand itar. There Me hifMlfhbei in the drwaterkal plow Some et the drilled
shaft epdls will also be off loaded et this!tea. That proems wi Involve the use of an
excavator. This work Is plann d to Dour dudnil the nortnerarolkdgr hours. The ue of
B I P'a.ellher A fencer. Wog"or sow bales wlp be placid sit the anal of the dcldc
waH and Owed beck to help Often any runoff kite the St. Croix River. A spa kit eel also
be positioned at this site alt with Morspe of Other Beirs. Depending on the condition
of the paddng let some doss 5 or*blear materiel WIII be added to help improve the road
Witten by: ICRAEMER 1R.YedW
: hr.
D�A� 03.29-15 Ddv: �
Page 151 of 194
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