The URL can be used to link to this page

CAS-08_2018-08 CUP OWNER XCEL ENERGYXcel Energy® RE sp ON s I"E a NATURE• January 29, 2018 Via Electronic Filing and U.S. Mail Daniel P. Wolf Executive Secretary Minnesota Public Utilities Commission 121 7th Place East, Suite 350 St. Paul, MN 55101 414 Nicollet Mall, 414.06 Minneapolis, MN 55401 1.800.895.4999 xcelenergy.com RE: Notice of Election to Seek Local Review of Proposed approximately 1.5 mile 115 kV Transmission Line to Lake Hazeltine Substation in Chanhassen and Chaska, Carver County, Minnesota Dear Mr. Wolf: In accordance with the Power Plant Siting Act (PPSA), Minn. Stat. § 216E.05, subd. 3, and Minn. R. 7850.5300, subp. 3, this letter, filed via eFiling, serves as the required notice to the Minnesota Public Utilities Commission (Commission) that Northern States Power Company, a Minnesota corporation (Xcel Energy) intends to seek local review and approval to construct an approximately 1.5-mile, 115 kilovoh (kV) transmission line with approximately 18 structures and associated features to serve electricity to the City of Chaska's Lake Hazeltine Substation (Figure 1). Project Location The Project site is located in Carver County, Minnesota, beginning in Chanhassen and ending at the Lake Hazeltine Substation in Chaska. It spans from the southeast quadrant of the intersection of Carver County Road 18 (Lyman Boulevard) and County Road 15 (Audubon Road) in the city of Chanhassen to the new Lake Hazeltine Substation located south of Columbia Court North in the city of Chaska. The transmission line is located in portions of Section 22, Township 116N, Range 23W and the north half of Section 21, Township 116N, R23W, (Figure 1). The proposed transmission line will be located in an area of agricultural and industrial land, adjacent to railroad and county roads. The project crosses the north shore of lake Hazeltine south of the city of Chaska's Lake Hazeltine Substation near where the proposed transmission line would connect to the substation (Figure 1). Mr. Daniel Wolf January 29, 2018 Page 3 Chaska CUP process should be directed to Elizabeth Hanson, Chaska City Planner, at (952) 448- 9200, or me at (612) 330-5925 or Brian E SullivanC xcelenergcom. Thank you for your attention to this matter. Sincerely, XCEL ENERGY Brian Sullivan Senior Siting and Land Rights Agent Enclosure: Figure 1, Figure 2 CC: Elizabeth Hanson, City Planner, City of Chaska - w/encL Deborah Pile, Office of Energy Security - w/encl. Commission's General Notification List - w/encL Affidavit of service on: General List of Interested Persons — w/encl. Tim Rogers, Mgr. Xcel Energy C. Legend �� ExExistingTanar, Unsnline 115kV sx Proposed Transmission-CL -- Fx. Distribution Line y eC • - - Propowd Transmission -ROW NWI Wetland AWIC Proposed Snolure PWI Wetland ion line to Lake Hazeltine Sub CIWaCNdmfen.2 Proposed Transmission Line and Right of Way Parcels. and Wetlands CITY OF C HANHASSE N Chanhassen is a Community for Life- ProvidingforToday and Planning forTomorrow September 26, 2017 Mayor Mark Windschitl Chaska City Council Chaska City Hall One City Hall Plaza Chaska, MN 55318 Honorable Mayor Windschitl The City of Chanhassen understands that Xcel Energy, Inc. will make application with the cities of Chaska and Chanhassen for local permitting of a high voltage transmission line route permit, pursuant to M.S. 216E05. The 1.5-mile 115kV electrical transmission line project extends from an existing transmission structure at the intersection of Lyman Boulevard and Audubon Road. It then follows the west side of Lyman Boulevard to the Twin Cities and Western Railroad Company tracks and follows the south side of the tracks until it crosses over to connect into the Lake Hazeltine Substation located on Columbia Court North. Minnesota Rule 7850.5300 stipulates that this local permitting process include environmental review conducted by the Responsible Governmental Unit (RGU) in the form of an Environmental Assessment (EA). Because a single EA is to be prepared to support the permitting effort, projects that span multiple jurisdictions can agree on one entity assuming the lead role in its preparation. Based on discussions with staff, the City of Chaska will assume this lead role. The City of Chanhassen hereby agrees that the City of Chaska can proceed as the Responsible Governmental Unit for preparation of the EA. Further, the City of Chanhassen conveys this agreement via this letter to the City of Chaska and the Public Utilities Commission (PUC). Sincerely, Denny Laufenburger Mayor DL:ktm gA&drain\tg\xcel energy transmission lincNip - chen to chaska for Igo xcel transmission 09-26-2017.docx Figure 2 PH9s2.227.1100• www.Cl.Chanhassen.mn.US • FX952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN AFFIDAVIT OF MAILING Jessica TeSelle, deposes and states that on the 29th day of January 2018, she either mailed the NOTICE OF ELECTION TO SEEK LOCAL REVIEW OF THE PROPOSED 115 KV 1.S MILE TRANSMISSION LINE TO LAKE HAZELTINE SUBSTATION to all parties on the attached lists by and depositing same, postage prepaid, in the United States mails a) Minneapolis, Minnesota or by electronic filing. / TeSelle Subscribed and sworn to before me this 29th day of January 2018. go—/, " Notary Public LAUl10kMNBE HARNELING "DTARY PUBLIC WNWSOTA Iy CO��YIY�PJw� Jr 71. 7021 Yew Delivery Trade Service List First Name Last Name Email Company Name Address Method Secret Name lamest. BertaM james.bertrand@sti nson<om Stinson Leonard Street LLP 1505outi, Fifth'voet5uite 2300 Clinton, No SPL SL_General List Minneapolis, MN 55402 Service 7950210O1 David Birkhpiz david.birkholz@YtmA.n.us MN Department of Suite SOO 85 Tlh Place Eau Flectronic Np SPL SL_General List Commerce St. Paul, AN 55101-2199 Service 79M2100-IA Michelle F. Biswnnelte michelkb%MRme@hdrrXx. HDR EMIreal Inc. Golden Hills 0lfice Center Electronic No SPLSL_Generatust 701 Xenia Ave Ste BOB Service 2850210O3A Minneapolis, MN 55416 B. Andrew Brown broianendrew@dof$e,r. Uons",&M4nei Suite 1500 Electronic No SPI SL_Generel Lim SO Sol Sixth Street Service 7850110O1A Minneapolis, MN SW214N PM CAO ri consuer.puc@state non.. Public Utilities Commission Cuer Affairs Office nwm Eta is No SPISL_Geoeral List 121 Tth Place E Suhe 350 Service 7850.2100-1A St Paul, MN 55101 BIII Cook brook@rpu.org Rothemer Pudic Utilities 4" East River Road HE Electronic No SPLSL_General List Rooherter. MN 55906 Service 18502300-1A John Crane jobncranefish[n @gmail.com Fiehillg 1111 Wee Beaus DR SW Electronic No SPL SI_General List Renali, MN 56601 Service 28502100-1A George Crocker gwillc@nawo.org N4ftEAmerl0n Water Office PO Box 124 Electronic Np SPL_SL_Genenl List Lake Elmo, MN 55042 Service 2850210O1A Carl Cronin Regula[mY.rewrds@laelenesp<sm XCNErwrgy 414 Monist Mall PL 2 -j—lw—mmc No SPL SL_GvreralDrt Minneapolis, MN 554011993 Service 78502100-14 N/A II6150tM1 Ave Paper Service No SPL SL_General Lirt Thomas Oavix SM1vburn, AN 556171 78502100-1A Patricia DeSieeckere moa@ la atil Public Utilities Commission So. 350121 Seventh Place East Electronic No SPL_SL_Geceral list .desleackerem St, Paul, MN 55101 Service 795021001 John E. Draw, ldrawz@fredlaw.wm FreiB Byron, P.A. Suttee"ElMrpni< Na SPI SL_General List 200 South SIMh Street Service 78502100-1A Minneapolis, MN 554021425 Cory Di oory.dutcM,iii om GE Poem a rM Water 1 River Rd. Bid, 32413 Electronic No SPLSL_General List Schenectady, NY 12345 Semce 2850.21o01A Rdmen Fitle Tdlefson N/A 0.{URE 284n N take Ave Paper Sal No SPL_Sl_General Lim frontewC, MN 550261044 1850.21WIA Smolt Ek mott N@rtate.mnus Public Utilities Commission 1212th Piste East ElMronk No SPL_SL_GYaoal Lit Some 350 Sernce 7850.2100-10, St. Paul, MN 55101 Annette Fiedler phydev@mendc.om SwRM1wem Regional 2a018rwiway Ave Ste l Electronic No SPL SL_--1 List Devdppmem Comm. Slayton, AN 56172 Serin. 7850.2100-1A kalenA Geblnardt kagebl@gHel.com 43901253rd Ave ElMronic No SPL SL_General List Leonard, MN 56652. 26 Service 285D2100-1A urn• Banes Kimberly Valerie Srnu Mkbzel Bruce Scary Karen Kim Paula Brian Kevin "re. Colleen Steven Kane Card R. (smin Ani Larry Peterson finer Rebran kIp@ibeelliCorg angtea.piner@ndrinc.cors lao innis@Mtmalpeop IBM LOca1160 HUR, Irc. WILLS, Inc 1109 Nprtkway lane NE postager, MN 55906 Suite fiW ]Ol %enia Avenue South Suite fi00 Minneapolis, MN 55416 PO Boa 122 Appltton, MN 562M Elettaink Senn. Electronic Service EIMIOOIC Service NO No No 7850310D 1Aral Lirt SPL SL_General Liz[ 785o.2 1A SPLSL_General List 7850.2100-1A Margaret Blasi Malgaret_Rheutle@fwzgw US. Fish and Wildlife Sera¢ Twin CiciezEmlagiol5ervites Neb Of6re E1Mppnic NO SPLSL_General Lirt )850.210O1A 4103AmermOo Blvd. E. Send. gl0 urrun on, MN SM25 N/A ElMronit No SPL SL_Gererdl Lizl Faille Schmita nrwevel@yaM1po.com Senn. 7850.2100-IA N/A Electronic No SPLSL_General List Tom SCM1mitR tschmitz_rph@ph0o.com Service 78502100-11, Rod Strumdcher rpd.uhumacbec@iz-groopho IgS Group 115 E Hidry 5t Suite 300 Electronic No S850.21 1A Lirt J85p.230O1A Mankam, MN 56001 Service 4251ioaland flMrOnic No Slit SL_Gereral Lirt Dwil Shaffer david.sM1aHer@rtartribune mm Minneapoliol 55488 Service 7851 Tom Sluklch tom@wtionalconductoccom National Cori 181191371 Noah Electronic No SPL cal List 7850,2101 Constructors Brainderd, MN 56411 Serdre Adam Sokolski adam.sokolski@iberdrolaren.com Iberdrola Rene.. pea 701 fourth Avenue South Suite 1010 ElMronic No SPL SL_Gerreral List 78502101 Minneapois. MN 55415 Service Mike Sleckelberg mrtxkelberg@grerergy.tom Great River Energy III Plan Creek Bpulenrd EI¢tretc No SfI SL_Gerenllirt 78502101 Maple Groot, MN 55369010 Sere. Clean Water Mahn 11 Second Ave S 1he 11 Paper Serve No Lirt Matt Sleinrueh BADEMAU- Minneapolis, MN 55401 78L_SL_Gaseral )850.210O1A mzteinruxk@deamwa[er org Mark Strohfus orpahhrs@grerehad rm-no GrRiver Energy II30o EIm Creek Boulward Electronic No SPL_SL_General list )050.210o-1A Maple Case, MN 553694718 Service Carl Strohm cjsmg@slrglaWl.net SBC GbWI IDS Fart Edgewood Ave ElMronic NO SPI SL_General List 7850211 Indianapolis, IN 4027 Service Tom Seaford ezwafbrd@urni.us Utility Mappng5ervicas.ln, 3947 E Calvary Rtl Suite 103 Elmronk NO SPL SL_Gereral Lirt 7851 Duluttr, MN 5S803 Shroce Eric Swanson eswanspn@wiMM1ropepm WimM1ropg Weim[irle 121 SIUSt5te 3500 CapellaTower ExleeervRc No SPI SL_--'I LonMinneapols,MN 71151 554024629 IDtld TatlycM1 ttadych@attllcmm American Trammission 5303 Fen Oak Dr ElMroni< No SPL_SL_Gerreral Lirt 7850II001A Co.." Madison, WI 53718 Service Central Minnesota Munishal 459SGrwe St Eleceronit No SPL,210 eral List Store TMmpson rteyet@tappe"rwp.Org Blue Earth, MN 56013-2629 Serra 7850210O1A Power Agency Grm Warren rm.wa mer@rtate.mn us 0eaartmeN of Commerce 85IIh Place 1—suite 500 51. Pau,, MN SS10121M Electonic Service No SPL SL_Generzl Lirt J850110 m Cy Chia Warzecha podia warzecha@rtate.mnars Minnesota peWrtmml of 5000b"UeRmd Boa25 Elxtrmic No SPL_SL_Gene2l Lirt 7850110 M Natural R.I. St. Paul, Minresota 55155 a ServiQ Nara van❑ngm hans.vaNirgen@enNcom Ere, Green Power NoM1h 1 Tech Drive Suite 220 ElMronic No SPL SL_Gereralprt 285011o0-1A America AWo ,MA 01810 Service U.S Postal Service Mailing List Daniel P. Wolf Executive Secretary Minnesota Public Utilities Commission 1217th Place East, Suite 350 St. Paul, MN 55101 CHANHASSEN CITY C/O Sharmeen AI-Jaff PO BOX 147 CHANHASSEN, MN 55317-0147 CHASKA CITY C/O Elizabeth Hanson 1 CITY HALL PLAZA CHASKA, MN 55318-1962 Thomas Davis 116150th Ave Sherburn, MN 56171 Kristen Eide Tollefson R-CURE 28477 N Lake Ave Frontenac, MN 55026-1044 Colleen Mueller 22186 State Hwy 4 Paynesville, MN 56362 Matt Steinrueck Clean Water Action 330 Second Ave S, Suite 420 Minneapolis, MN 55401 CITY OF CHASKA CHASKA, MINNESOTA BEFORE THE CHASKA PLANNING COMMISSION NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT A TRANSMISION LINE TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Chaska, Minnesota, will meet on Wednesday, March 14, 2018, at 7:00 pm, or as close thereto as possible, in the Council Chambers, Chaska City Hall, One City Hail Plaza, Chaska, Minnesota, 55318, for the purpose of holding a Public Hearing, to consider approval of a Conditional Use Permit (CUP), for the proposed construction of a transmission line for Xcel Energy at the Southwest corner of Lyman Boulevard and Audubon Road, to connect into the City's new substation on Columbia Court West. The subject property is legally described as follows: PID No. 300220100 (Full legal description on file in the office of the City Clerk, Chaska City Hall) All persons interested may appear and be heard at said time and place. Dated: Feb 22, 2018 By Order of the Community Development Director Kevin Ringwald (To be published in the Chaska Herald Thursday, March 2nd, 2018) -h -ri�) CITY OF C HANHASSE N Chanhassen is a Community for Life- Providing for Today and PlanningforTomorrow MEMORANDUM TO: Mayor and City Council FROM: Todd Gerhardt, City Manager DATE: September 25, 2017 o�. SUBJ: Xcel Energy 115 Kilovolt Electric Transmission Line Project PROPOSED MOTION: "The City Council approves the City of Chaska as the Responsible Government Unit for Preparation of the Environmental Assessment for the Xcel Energy 115 Kilovolt Electric Transmission Line Project" Approval requires a simple majority vote of the City Council. BACKGROUND The City of Chaska has requested Xcel Energy supply power to the proposed Lake Hazeltine Substation to be located on Columbia Court North. The substation is needed to provide increased reliability of electric service in the City of Chaska and will reduce overloads on neighboring lines and transformers. A small portion of the proposed 1.5-mile transmission line will span City of Chanhassen property located at the southwest comer of Lyman Boulevard and Audubon Road (see attached preliminary route plan map). Because the proposed project spans multiple jurisdictions, only one city can proceed as the Responsible Government Unit (RGU) to perform an Environmental Assessment (EA). Staff has reviewed the project and is comfortable with the City of Chaska assuming the role of RGU for the project. Staff recommends that City Council approve the City of Chaska as the Responsible Government Unit in order to prepare the Environmental Assessment for the Xcel Energy 115 Kilovolt Electric Transmission Line Project. ATTACHMENTS 1. Xcel Energy Project Fact Sheet. 2. Preliminary Route Plan Map. SCANNED gAadmin\1g\xw1 energy hansmizion line\approving chmka as rgu for ea 09-25-2017.docx PH 952.227mo0 - www.ci.chanhassen.mn.us - FX952.227.1110 7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317 CITY OF CHANHASSEN Chanhassen is a Community for Life - Providing forToday and Planning for Tomorrow September 26, 2017 Mayor Mark Windschitl Chaska City Council Chaska City Hall One City Hall Plaza Chaska, MN 55318 Honorable Mayor Windschitl: The City of Chanhassen understands that Xcel Energy, Inc. will make application with the cities of Chaska and Chanhassen for local permitting of a high voltage transmission line route permit, pursuant to M.S. 216E05. The 1.5-mile 115kV electrical transmission line project extends from an existing transmission structure at the intersection of Lyman Boulevard and Audubon Road. It then follows the west side of Lyman Boulevard to the Twin Cities and Western Railroad Company tracks and follows the south side of the tracks until it crosses over to connect into the Lake Hazeltine Substation located on Columbia Court North. Minnesota Rule 7850.5300 stipulates that this local permitting process include environmental review conducted by the Responsible Governmental Unit (RGU) in the form of an Environmental Assessment (EA). Because a single EA is to be prepared to support the permitting effort, projects that span multiple jurisdictions can agree on one entity assuming the lead role in its preparation. Based on discussions with staff, the City of Chaska will assume this lead role. The City of Chanhassen hereby agrees that the City of Chaska can proceed as the Responsible Governmental Unit for preparation of the EA. Further, the City of Chanhassen conveys this agreement via this letter to the City of Chaska and the Public Utilities Commission (PUC). Sincerely, f ,�,�,C� A� �'�'i/-- 0 Denny Laufenburger Mayor DL:ktm g:Wminkgbwel energy transmission line\rgu - chan to chaska for Igu xcel transmission 09-26-2017.docx PH 952.227.1im • www.Cl.Chenhassen.mn.11S • FX952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 SCANNED Mayor Mark Windschitl Chaska City Council Chaska City Hall 1 City Hal Plaza Chaska, MN 55318 Honorable Mayor Windschitl: The City of Chanhassen understands that Xcel Energy, Inc. will make application with the cities of Chaska and Chanhassen for local permitting of a high voltage transmission line route permit, pursuant to M.S. 216E05. The 1.5-mile 115kV electrical transmission line project extends from an existing transmission structure at the intersection of Lyman Blvd and Audubon Road. It then follows the west side of Lyman Blvd to the Twin City and Western Railroad Tracks and follows the south side of the tracks until it crosses over to connect into the Lake Hazeltine Substation located on Columbia Court North. Minnesota Rule 7850.5300 stipulates that this local permitting process include environmental review conducted by the Responsible Governmental Unit (RGU) in the form of an Environmental Assessment (EA). Because a single EA is to be prepared to support the permitting effort, projects that span multiple jurisdictions can agree on one entity assuming the lead role in its preparation. Based on discussions with staff, the City of Chaska will assume this lead role. The City of Chanhassen hereby agrees that the City of Chaska can proceed as the Responsible Governmental Unit for preparation of the EA. Further, the City of Chanhassen conveys this agreement via this letter to the City of Chaska and the Public Utilities Commission (PUC). Sincerely, Chanhassen C Councils I "q Kate W From: Kevin Ringwald <KRingwald@chaskamn.com> vl Sent: Friday, September 15, 2017 12:49 PM r To: Aanenson, Kate Cc: Matt Podhradsky Subject: Xcel Transmission line along Lyman Attachments: 115kV line to Lake Hazeltine Sub.pdf,, RGU - Chan to Chaska for LGU Xcel Transmission.docx Follow Up Flag: Flag for follow up Flag Status: Flagged Kate, As a follow up to meeting back in July where we discussed the transmission line in Chaska, which crosses a small part of Chanhassen — I guess we need a letter from Chanhassen telling the MN PUC that you are ok from with Chaska being the RGU for the environmental review for thisproject. I have attached a summary of the project and also a draft letter that states that Chanhassen is ok with Chaska being the RGU for the environmental review. If you have any questions, please call me at 952-227-7526. Thanks! Kevin Ringwald, AICP Community Development Director City of Chaska From: "Aanenson, Kate" [mailto:kaanenson@ci.chanhassen.mn.usj Sent: Monday, July 10, 2017 1:04 PM To: Kevin Ringwald <KRingwald@chaskamn.com> Subject: Re: meeting Friday Thanks Sent from my Phone On Jul 10, 2017, at 12:54 PM, Kevin Ringwald <KRingwald@chaskamn.com> wrote: yes. >>> "Aanenson, Kate" <kaanenson@ci.chanhassen.mn.us> 7/10/2017 12:19 PM >>> Kevin, This Friday in Chanhassen Day at the Arboretum.. The Mayor will be giving opening remarks at 10:00. Can we move our meeting to 11:00. Kate <IMAGE.png>Kathryn Aanenson, AICP Community Development Director CITY OF CHANHASSEN PH. 952.227.1139 FX. 952.227.1110 www.ci.chanhassen.mn.us From: Kevin Ringwald Sent: Thursday, June 29, 2017 2:02 PM To: Kate Aanenson <kaanenson@ci.chanhassen.mn.us>; TGerhardt@ci.chanhassen.mn.us Cc: Matt Podhradsky <MPod hradsky@chaskamn.com>; Toby Saxon <TSaxon@chaskamn.com> Subject: Chaska Power Line Todd & Kate, The City of Chaska (via Xcel Energy) is proposing to construct a 115kv transmission facility along the south side of Lyman Boulevard from Audubon Road up to the Twin Cities and Western RR and then west along the southside of the RR right-of-way to a new substation located in the Chaska Industrial Park. As the connection point to the power line is located within the City of Chanhassen (SE corner of Audubon & Lyman), we wanted to come over and brief you regarding the project. I have attached to this email a "Fact Sheet' regarding the proposal. If you could forward over to us sometimes that you could meet the week of July loth, it would be appreciated. Thanks, Kevin Ringwald, AICP Community Development Director City of Chaska COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL CITE OF CHANHASSEN Please review and respond no later than the review response deadline Agency Review Request Date: May 8, 2019 Agency Review Response Deadline: May 24, 2018 Date Application Filed: May 4, 2018 Contact: Contact Phone: Contact Email: Sharmeen AI-Jaff 952-227-1134 sa4aff@ci.chanhassen.mn.us Senior Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: June 5, 2018 at 7:00 p.m. June 25, 2018 at 7:00 p.m. July 3, 2018 Application: To consider a Conditional Use Permit for a transmission line located at the south intersection of Lyman Boulevard and Audubon Boulevard and zoned A riculture Estate District A2 A llcant/Owner Xcel Energy. PlanningCase: 2018-08 Web Pa e: www.ci.chanhassen.mn.us/2018-08 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Aoencies: Adjacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ❑ US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marshal Watershed Districts: ❑ Minnetonka ® Forester ❑ Carver County WMO ❑ Shorewood ® Park Director ❑ Victoria ❑ Lower MN River ® Water Resources ❑ Minnehaha Creek El Law Enforcement ❑ Riley -Purgatory -Bluff Creek Adjacent Counties: ❑ Hennepin Carver County Agencies: Scott Utilities: ❑ ❑ Community Development ❑ Cable TV — Mediacom ❑ Engineer School Districts: ❑ Environmental Services ❑ Electric — Minnesota Valley ❑ Electric — Xcel Energy ❑ Eastern Carver County 112 ❑ Historical Society ❑ Magellan Pipeline ❑ Minnetonka 276 ❑ Parks ❑ Natural Gas — CenterPoint Energy ❑ Soil & Water Conservation District ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad Authority ❑ Board of Water & Soil Resources ❑ MN Landscape Arboretum ❑ Health ❑ SouthWest Transit ❑ Historical Society ❑ TC&W Railroad ❑ Natural Resources -Forestry ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation`- CONDITIONAL USE PERMIT APPLICATION City of Chanhassen Date: May 4, 2018 Applicant: Northern States Power Company, a Minnesota corporation ("Xcel Energy") Project Description: The applicant proposes to construct and operate a 115kV transmission line approximately 1.5-mile long and consisting of approximately 18 transmission structures between the cities of Chanhassen and Chaska, in Carver County, Minnesota (Exhibits 1-0 through 1-8). It will begin by connecting to an existing transmission line in the southeast quadrant of Lyman Boulevard and Audubon Road in Chanhassen. It will end at the Lake Hazeltine substation on the west side of Columbia Court North in Chaska. Two structures, numbers one and two, will be constructed in the city of Chanhassen and sixteen will be constructed in the city of Chaska. Site Location: The project is located in Carver County, Minnesota. Commencing in Chanhassen, in the southeast quadrant of the Lyman Blvd and Audubon Road intersection, it will follow the southwesterly side of Lyman Boulevard to the south side of the Twin Cities and Western Railroad. The transmission route will turn westerly and parallel the railroad until it reaches the north shore of Lake Hazeltine, where it will turn north on the west side of Columbia Court North, and end at the Lake Hazeltine electric substation in Chaska. It is located in the west half of Section 22, Township 116N, Range 23W and the north half of Section 21, Township 116N, Range 23W. Contact: Brian Sullivan Xcel Energy Email address: Telephone: 414 Nicollet Mall — 414-06 Minneapolis, MN 55401 Brian.E.Sullivan@xcelenergy.com Gene Kotz Xcel Energy 414 Nicollet Mall — 141-05 Minneapolis, MN 55401 Eugene. Kotz@xcelenergy.com 612-330-5925 612-330-5625 Page 2 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Attached Exhibits: Exhibits 1-0 through 1-8 Existing Conditions Exhibits 2-0 Proposed Transmission Line and Right -of -Way Exhibits 2-1 through 2-8 Proposed Conditions Exhibits 3-0 through 3-8 Wetlands and Proposed Transmission Line and Right -of -Way Exhibit 4-0 Example of Typical Weathered Steel Transmission Structure Exhibits 4-1 - 4-3 Structure Elevation View Exhibits 4-4 Photographic Rendering of Post Construction Conditions of Structures 1-3 Exhibit A Landowners Within 500 Feet of Proposed ROW Exhibit B Alternate Routes N/A Landscape Plan N/A Sign Plan Tables: Table 1: Proposed Structure Specifications Table 2: Project Modeled EMF output values Table 3: Sources and Values of EMF Table 4: Decibel Levels of Common Noise Sources Table 5: Minnesota Statutory Limits by Noise Area Classification (dBA) Appendices: Appendix 1 Letter from City of Chanhassen to City of Chaska Appendix 2 Landowners within 500 feet of Proposed Route Right of Way Page 3 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 PERMITTING & REGULATORY PROCESS Xcel Energy has elected to follow the local permit review process set forth in Minn. Stat. §216E.05 Minn. R. 7850.5300 to permit the proposed transmission line and structures. This process provides that applicants for applicable projects may seek approval from the local unit of government (LGU) that has jurisdiction over the site or route in lieu of applying to the Minnesota Public Utilities Commission (PUC) for a Route Permit. In addition to noticing requirements, the local review process requires that the LGU: (1) prepare an Environmental Assessment (EA) for the project and give the public an opportunity to participate in the development of the scope of the EA, (This will be completed by the City of Chaska), (2) provide a project notice for publication in the EQB Monitor upon completion of the EA and take public comments, (This will be completed by the City of Chaska) and, (3) make a decision on the permit after at least 10 working days after the project notice appears in the EQB Monitor. (This will be completed by the City of Chaska). Since a larger portion of the transmission project is located within the City of Chaska and a smaller portion in the City of Chanhassen, staff from both cities met to determine which city would serve as the Responsible Governmental Unit (RGU) for preparation of the EA for the PUC process. The City Council of Chanhassen provided the attached letter dated September 26, 2017 agreeing that Chaska will serve as the RGU for preparation of the EA for this project (Appendix 1). Pursuant to Chanhassen Code of Ordinances Chapter 20, Zoning Article XXIII, Division 1, Section Sec. 20-901. - Overhead transmission lines: Installation of overhead transmission lines in excess of 69 kilovolts shall require the issuance of a conditional use permit through any district located in the city. The city council, in addition to the standards established in article IV, may also impose other conditions as deemed necessary to protect the public health, safety and welfare. Therefore, Xcel Energy is hereby applying for a Conditional Use Permit (CUP) from the City of Chanhassen for the proposed project in accordance with Chanhassen Code; and Minn. Stat. §216E.05 and Minn. R. 78505300 described above. In addition, Xcel Energy has applied for a CUP from the City of Chaska for this project. BACKGROUND The proposed 1.5-mile 115 kV double circuit transmission line project is needed to power the Lake Hazeltine Substation in Chaska. This will meet the increasing demand for electricity in the City of Chaska. It will draw electricity from the existing transmission line located in Chanhassen along the eastern side of Audubon Road at Lyman Boulevard, approximately 700 feet southeast of the Bluff Creek Substation. This project is the subject of this CUP application and is described below. PROPOSED PROJECT The proposed transmission line project consist of constructing an approximately 1.5-mile-long, double circuit, 115 kV transmission line suspended on 18 overhead structures (Exhibits 2-0 through 2-8). The Page 4 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 proposed transmission line will begin in the City of Chanhassen with the first structure and connection to the existing transmission line located on the southeast side of the intersection of Audubon Road and Lyman Boulevard on land owned by the City of Chanhassen. It will cross Audubon Road to the west with one more structure in Chanhassen on the east side of Lake Hazeltine Drive. The remainder of the project will be located in the City of Chaska. It will continue northwesterly for approximately 3,500 feet along the west side of Lyman Boulevard to the south side of the Twin Cities and Western Railroad tracks. The transmission route will turn to the southwest and parallel the railroad tracks for approximately 3,000 feet. The transmission route will then cross the railroad tracks in a northwesterly direction for about 850 feet ending with a connection at the Lake Hazeltine Substation. The proposed transmission line will consist of conductors attached to weathered steel monopole structures with davit arms on a drilled pier concrete foundation; a typical photograph is shown in Exhibit 4-0. Each of the structures will range in height from 80-110 feet and have span lengths of approximately 350 feet. Specialty structures will be used at road and railroad crossings and where the transmission route makes a significant direction change. Structures will be erected on a reinforced concrete pier foundation approximately 6 to 8-feet in diameter. Table 1 provides a summary of the proposed transmission structure details. Elevations of proposed structures are shown in Exhibits 4-1 through 4-3. Table 1: Proposed Structure Specifications Line Structure Structure Right- Structure Foundation Foundation Span Between Type Type Material of -Way Height Diameter Structures Width (10 00 ft. 115kV Single Weathered 25 to 80-110 Reinforced Directed Approximately double pole; steel 77.8 concrete drilled embedded 350 circuit Specialty pier foundation or 6 to 8 pole and feet for self-supporting specialty structures. structures. New right-of-way (ROW) acquisition is needed for areas currently outside of the public road ROW and railroad ROW. Anticipated easement width to be acquired is a nominal 25 to a maximum of 77.8 feet. Existing ROW will be used where available and the transmission line will be centered over the ROW. The fast two structures will be located in Chanhassen, with the first structure being constructed on a parcel of land owned by the City of Chanhassen. The remaining 16 structures will be constructed in Chaska (Exhibits 2-0 through 2-8). An Xcel Energy land agent has been in contact with all landowners in the project condor. The land agent will continue working with landowners to acquire new ROW and/or modify existing ROW easements as necessary. The land agent will work with landowners to address any construction needs, impacts, damages or restoration issues. Exhibit A shows landowner parcels within 500 feet of the proposed ROW and Appendix 2 has a spreadsheet of the landowners from the Carver County Parcel dataset. Vegetation management will include general vegetation clearing where structures are proposed and tree removal within the project ROW. Post construction vegetation management will include replanting graded areas and continued vegetation maintenance as necessary to comply with erosion control and operation and safety standards. Page 5 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 The project requires unavoidable crossings of wetlands in Chaska. Temporary and permanent impacts to wetlands will result. Unavoidable temporary wetland impacts will occur in order to access and build proposed structures and for stringing conductors. Mats will be used as an access road across wetlands to structures located in wetlands. Access roads will be up to approximately 28 feet wide, within a permanent easement that is up to 77.8 feet wide. Staging areas on mats around structures in wetlands will be up to 65 feet in circumference around each structure. In some cases staging this may be reduced to 50 feet around of each structure. Work in wetlands may start in late spring or summer 2018 and continue through the fall of 2018 as access allows. Temporary wetland impacts will be minimized by requiring all work to be performed on mats in a 100- foot by 65-foot area. Additionally only essential equipment will be allowed in wetlands. Unavoidable permanent wetland impact will result from constructing foundations for eight structures in wetlands: Structures 3, 9, 10, 11, 12, 14, 15, and 16 (Exhibit 3-0 through 3-8). Permanent wetland impact for each of these eight structure foundations will be an area of eight feet in diameter or less. The permanent wetland impact for each of the eight structures will be 51 square feet or less. Permanent wetland impacts will occur from excavating soil at each structure foundation location. The excavated soil will be loaded into a truck and disposed in an upland area off -site. A structure foundation form will be used along with rebar and concrete to create the reinforced structure foundation. After the foundation concrete is cured, the structures will be erected upon the foundations and the conductors will be connected. The mats used to access the structures in wetlands will be typically removed from the wetlands 60 days following construction activities. ALTERNATIVE ROUTES An alternative route assessment was considered prior to deciding on the proposed route (See Exhibit B Alternate Routes). Xcel energy worked with staff from the cities of Chaska and Chanhassen, design engineers and environmental consultants to select the route. The following factors were considered in the establishment of the transmission route and structure placement: 1. Source and destination of the route 2. Engineering constraints 3. Environmental impacts 4. Safety 5. Existing electric corridor 6. Cost Alternate Route A would begin by connecting to the existing transmission line on the northeast side of Lyman Blvd. near the Bluff Creek Substation. It would proceed westerly along the northeast side of Lyman for several hundred feet where it would cross to the southwest side of Lyman and proceed northwest to the railroad where it would turn to the southwest. The route would parallel the railroad southwest to Lake Hazeltine where it would turn west-northwest and connect the Lake Hazeltine Substation. Route D started in the same location as Route A but would continue on the northeast side of Lyman to the railroad. These two alternatives were not selected for the following reasons: They were not preferred by the cities of Chaska and Chanhassen. They required additional specialty structures. There were engineering problems with the school entry drive and elevation drop. The connection to the existing transmission line Page 6 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 would occur in a wetland and floodplain which could be avoided by selecting another route. Future maintenance logistics and permit issues were greater for these alternative routes. Alternate route B was investigated which would use the existing transmission corridor east of the Bluff Creek Substation and extend north approximately 3,000 feet to the railroad and then follow the south side of the railroad southwest for approximately 5,200 feet to Lake Hazeltine then cross the railroad track and connect to the Lake Hazeltine Substation. This alternative was not selected because it was considerably longer, had greater wetland impact and was closer to the high school play fields and several houses located north of the railroad track. Route C was a modified alternative of Routes A, B, and D that would follow the north side of the railroad tracks. This alternative was not selected because it had greater tree cutting, did not use an existing electric corridor and would cause impact to a bald eagle nest. The preferred route was selected because it best met the route decision factors above. It connected best from the source and destination and was preferred by both the cities of Chaska and Chanhassen. It had the fewest engineering design problems such as clearance, specialty structures, ground elevation issues, structure placement and challenges with existing easements. It had the less environmental impact than the other routes. The safety elements were similar to other routes. It fit better with the existing electric corridor than other routes. It cost less than other routes. CUP FILING REQUIRMENTS Pursuant to Chanhassen Code of Ordinances Sec. 20-232. - General issuance standards. The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: (1) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. To achieve general issuance Standards 1, the project was designed by engineers registered in the State of Minnesota and will be constructed by craftsmen trained and certified following industry standards and specifications for mechanical, structural and electrical equipment using standards in place by Xcel Energy to provide safe, long lasting, reliable and affordable electric service for the area users. Comprehensive Plan certain uses, including "essential services," are permitted subject to a Conditional Use Permit. The project constitutes a "privately owned and operated essential service" as defined by Sections 2.3 and 15 of the ordinance. Section 2.3 of the City Zoning Ordinance also provides that above ground structures for private essential services shall be classified as a conditional use in all zoning districts. Electric and Magnetic Fields (EMF) have been modeled at the proposed transmission line between structures 1 and 2 in Chanhassen (Table 2). The nearest dwelling will be 350 feet from the transmission line. The applicant modeled EMF at 0, 30, 100, and 150 foot offsets from the proposed transmission line Page 7 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 centerline with the results below. The values depict the intensity of EMF, measured in MilliGauss (mG) and are based on peak summer loading provided by Xcel Planning. Under the transmission right-of-way, the EMF values produced from the proposed project be similar compared to other common EMF sources people encounter on a regular basis as shown in Table 3. Outside of the transmission right-of-way, the EMF values encountered will be similar or lower. Table 2: Project Modeled EMF output values 1 EMF @ 0' offset (T-line centerline) � 26 mG 2 EMF @ 30' offset (edge of ROW) = 21 mG 3 EMF @ 100' offset = 7 mG (based on no other contributions at location) 4 EMF @ 150' offset = 4 mG (based on no other contributions at location) Table 3: Sources and Values of EMF Appliance DLstance from Source AMNIMIL— 300 1 — Hair Drier Electric Shaver 100 20 Can Opener 600 150 20 Electric Stove 30 8 2 Television NA 7 2 Portable Heater 100 20 4 Vacuum Clearer 300 60 10 Copy Machine 90 20 7 Computer 14 S 2 Source: EAl P to Your En iromnent (EPA 1992). (2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. The project is consistent with the comprehensive plan and this chapter's objectives. Section 1.1 the Community Vision Section of the Comprehensive plan states, "The City of Chanhassen prides itself in providing sound infrastructure. The City's Pavement Management System ensures that upgrades occur when needed and are prioritized based on the condition ofpavement. Page 8 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Municipal services such as water and sewer, and private utilities such as electrical and high-speed internet are readily available, of high quality, and affordable. " The proposed transmission line project is being constructed to both modernize and expand reliable electric service infrastructure. (3) Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed transmission line structure appearance was taken into consideration during the design. An example of a proposed weathered steel structure is shown in exhibit 4-0. A post construction photographic rendition of the structures proposed for the project in Chanhassen are shown from a viewpoint looking south across the Lyman Boulevard and Audubon Road intersection (Exhibit 44). Similar structures are currently used in the area. The proposed structure is designed to last for decades and weather naturally; it requires no painting and infrequent maintenance. (4) Will not be hazardous or disturbing to existing or planned neighboring uses. The proposed transmission line was designed and centered within a right-of-way corridor up to 77.8 feet wide and it utilizes portions of existing electrical utility corridors. It was designed so it will have no adverse effects to existing or planned neighborhood uses. (5) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed transmission line is part of the utility system. (6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed transmission line will be owned and maintained by Xcel Energy and will not be detrimental to the economic welfare of the community. Page 9 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 (7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash. The proposed transmission line will be constructed, operated and maintained following its permitted use and conditions. General mechanized land clearing is not proposed for this project. Clearing is required and limited to the immediate area of the structures. Trees will be cut from the transmission corridor to provide a safety zone around the transmission conductors. Equipment used for the project includes flat-bed semi -trucks for delivery of structure components and equipment, excavators, loaders and dump trucks for boring the foundation hole and removal of excess soil, cement trucks for constructing the reinforced concrete structure foundations and boom trucks for structure erection and conductor stringing. This equipment will comply with state and federal regulations for noise and emissions. Equipment will be operated in a safe manner by trained personnel. The project will be constructed so it will not produce excessive traffic. Xcel Energy will work with the City staff to coordinate construction schedules to minimize disruption of traffic. Sound will be produced during construction and operation of the transmission line. Table 4 shows average decibel levels (dBA) or pressure levels of common noise sources. Minnesota noise standards, which are summarized in Table 2 will not be exceeded during construction or operation of the project. All construction work will be completed during daylight hours using equipment designed and maintained to operate using sound abating mufflers. During transmission line operation, noise levels produced are low and they will be below the state threshold. Table 4: Decibel Levels of Common Noise Sources Sound pressure levels Canrnon indoor and WBA) outdoor raises 110 Bock band at Sm let llyove at 3g0m 100 Gas lawnmower at 1m 90 Food lender at 1 m 80 Shouting at lm 70 Vuuum cleaner at 3m Normal speech at lm 60 Urge busan sonc�e so Dishwasher next room. quiet urban daytpne 40 llhary,qulet urban N9hnme Dtrlet suburban nighttime 30 Beow at night 20 0" opal nighttime Broadcast recading studio t0 0 Threshold of hearing Source: (Minnesota Pollution Control Agency, 2015. A Guide to Noise Control in Minnesota) Page 10 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Table 5: Minnesota StatutoryLimits by Noise Area Classification dBA Noise Area Classification Daytime Nigh 'me Lto Lso Lio L5o 1 65 60 55 50 2 70 65 70 65 3 80 75 80 75 Source: (Minnesota Pollution Control Agency, 2015. A Guide to Noise Control in Minnesota) In Minnesota, statistical sound levels (L Level Descriptors) are used to evaluate noise levels and identify noise impacts. The L5 is defined as the noise level exceeded 5% of the time, or for three minutes in an hour. The Li is defined as the noise level exceeded 10% of the time, or for six minutes in an hour. The Lso is defined as the noise level exceeded 50% of the time, or 30 minutes in an hour. Regulations differ in Minnesota based on daytime noise and nighttime noise and are further separated into land use or Nose Area Classification (NAC) of the noise receiver. NAC 1 is for land use activities such as: residential housing, religious activities, camping and picnicking areas, health services, hotels, educational services. NAC 2 is for: retail, business and government services, recreational activities, transit passenger terminals. NAC 3 is for: manufacturing, fairgrounds and amusement parks, agricultural and forestry activities. NAC 4 is for: undeveloped and unused land. The NAC is found in Minnesota Rule 7030.0050. During construction, noise will occur from structure foundation installation equipment and structure erection equipment. Typical equipment will include semi -trucks for equipment and supply delivery, track excavators, foundation drilling rigs, dump trucks, cement trucks and boom trucks. Noise generated during the transmission line construction will occur in phases over a few months. Most tasks take a few days to a few weeks to complete with waiting times between them for example, concrete curing and inspection. During transmission line operation, audible noise generated by a 115kV transmission line was modeled by Xcel Energy using software produced by Bonneville Power Administration. Results show noise generated under the worst case wet conditions scenario that the audible Ls and Lso noise levels modeled at the edge of a 75-foot-wide right-of-way (37.5 feet from centerline) would be at 22.2dBA and 18.7 dBA, respectively. These levels are below the state noise thresholds reported in the Minnesota Pollution Control Agency nighttime L50 limit of 50 dBA which is also shown in Table 5. Smoke, fumes and odors will be produced during construction but quantities and duration will not be excessive. Sources of smoke, fumes and odors will come from equipment and fabricating the proposed structures in Chanhassen and Chaska. Sources of smoke, fumes and odors may include welding or cutting steel for transmission structure foundations, concrete, operation of diesel powered equipment, chain saws used to cut trees and use of construction tools and equipment. Activities generating smoke, fumes and odors may last a few days or weeks. Operation of the transmission line will not produce smoke, fumes or odors. Page 11 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Glare may occur from reflecting light off equipment windows in insignificant amounts and for short periods and occasionally as the operating transmission line conductors may reflect light. It will be similar to existing conditions in the area of the proposed transmission line. The structures will be weathered steel and will have a low reflective surface. The project will not produce or support habitat for rodents. Trash generated by the project will not support rodent habitat as it will be limited to construction waste. Trash will be promptly contained, collected and disposed or recycled at a licensed waste facility following Xcel Energy construction standards. (8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. During construction, vehicular and equipment access to the construction corridor and structure locations will be coordinated with the City staff to minimize disturbance, congestion and interfere with traffic. There will be construction equipment moving to and from the site and it will be managed and directed in a safe and orderly process following Xcel Energy's construction and operation standards. During transmission line operations there will be no interference with vehicular approaches or traffic congestion or interference. The transmission conductor was designed to span over Audubon Road at a minimum height of approximately 45 feet. This is higher than existing wires or traffic signals at this road (Exhibit 4-5 through 4-7). (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Construction and operation of this project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. (10) Will be aesthetically compatible with the area. Construction and operation of this project will be aesthetically compatible with the area. Construction disturbance will cover a small area. A post construction photographic rendition of the structures proposed for the project in Chanhassen is shown from a viewpoint looking south across the Lyman Boulevard and Audubon Road intersection (Exhibit 4-4). The selection of the weathered steel structure is aesthetically compatible to the area and similar to structures currently used in the area. Page 12 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 (11) Will not depreciate surrounding property values. Construction and operation of this project will not depreciate surrounding property values. Landowners affected by the project will be compensated for the use. The location of the project was selected to meet the area residence and industrial customer's electric demand and for high quality, reliable and modem electrical transmission infrastructure. The proposed transmission line would be located primarily in an industrial developed area in Chaska and adjacent to agricultural lands in Chanhassen. The nearest dwelling is located 350 feet from the proposed transmission line in Chanhassen. The proposed use will not injure or detract from the use of the neighboring property or from the character of the neighborhood because the proposed transmission line is planned to be located in a disturbed corridor adjacent in an existing electric line corridor, thus minimizing proliferation. It will utilize portions of existing essential service corridors and easements. This will reduce impacts to the character of the area as compared to adding a new corridor. Over a portion of the route, the project will consolidate essential service use by co -locating an existing electrical line onto the new structures. (12) Will meet standards prescribed for certain uses as provided in this article. Xcel Energy will continue to meet with and comply with prescribed standards set forth by the City of Chanhassen to build and operate a successful and sustainable electrical transmission project. Exhibits � 1 IJnY I IanAn u.7J w�� A � Feet p 500 — AWonmale OWmemnn Lme • • bpronmaie nanam�ssan 0m 7 1Ccel Energy' °q� a,a - R4i5v.am, Substation s ■ Broader Area Map HenAepm fT+ v PM,91 Area Glmb wU soon I ' —��- " ��Peet Legend Atoo Existing Overhead Electrical Infrastructure Parcels by City --- Approximate Transmission Line Chanhassen XceffnerW- — Approximate Distribution Line Chaska 115kV Transmission I N 60C=J Fee, Legend 1 I SKV I ransmisslon I Ao 100 Existing Overhead Electrical Infrastructure Parcels by City • ... Approximate Transmission Line Chanhassen XcelEnergy - -- Approximate Distribution Line Chaska " 6WE=:jF.., Legend 115kV Transmission Ao 100 Existing Overhead Electrical Infrastructure Parcels by City Approximate Transmission Line Chanhassen XcelEnergy- Approximate Distribution Line Chaska _,..N Legend i1 Parcels by City115kV Transmission I A0Fee1 Existing Overhead Electrical Infrastructure ---- ApproximateTransmissionLine Chanhassen // XCOJEMrW. Approximate Distribution Line Chaska N Legend 115kV Transmission A Feet Parcels by ioo Existing Overhead Electrical Infrastructure City .... Approximate Transmission Line Chanhassen X .eI EnerW -------- Approximate Distribution Line Chaska N Legend 'IIDKV Iransmisslon I 100 Existing Overhead Electrical Infrastructure Parcels by City ... • Approximate Transmission Line Chanhassen // XCMI EnerWo Approximate Distribution Line Chaska Legend 11.,�„ I � a A wo ' 9 Parcels b City o ioo Existing Overhead Electrical Infrastructure Y ---- Approximate Transmission Line Chanhassen X09JEnergy Approximate Distribution Line Chaska 4. Broader Area Map Hennepin Project Are ' I /y sam N 6=====JFeei Legend 115kV Transmission I 100 Existing Overhead Electrical Infrastructure Parcels by City -- - - ApproximateTransmissionLine Chanhassen X .MIEMrW' Approximate Distribution Line Chaska ALegend 'I I OKV I ransmission �0 Proposed Transmission-CL Propo yce'Cne�. Proposed Transmission -ROW w C Pr000sed Structure J tl I Broader Area Map HmwP'n Proled Are scot) w.,.e^.e.N 6=W==A F"t Legend 115kV Transmission Proposed Transmission-CL Parcels by City A yC*'CCr)erW. Proposed Transmission -ROW Chanhassen Proposed Structure Chaska Id E f N Fee Legend Ao 100 Proposed Transmission-CL Parcels by City Proposed Transmission -ROW Chanhassen Xcel EnerW Proposed Structure Chaska 115kV Transmission I Broader Area Map Hennepin Project Area /, ' �• 1 . Ciwa Cromnaen � i con N 6.Legend A� Fee. o roo Proposed Transmission-CL Parcels by City Proposed Transmission -ROW Chanhassen XcelEMrW y� Proposed Structure Chaska �3,IIC 115kV Transmission I 1- Feel o too Legend Proposed Transmission-CL Proposed Transmission -ROW Proposed Structure Parcels by City Chanhassen Chaska N `� Feet A ,00 LXcel Energy' Legend Proposed Transmission-CL Parcels by City Proposed Transmission -ROW Chanhassen Proposed Structure Chaska 115kV Transmission I J. �ml� ...,N � F"t Legend 115kV Transmission I Ao 100 Proposed Transmission-CL Parcels by City ��7 y .�—,�_„�I• Proposed Transmission -ROW Chanhassen /`//. A�1r71 C/1{7/(� Proposed Structure Chaska N Legend V. 100 Proposed Transmission-CL Parcels by City r Y• /\ . Proposed Transmission -ROW Chanhassen XcelEnergy Chaska Proposed Structure Etc 115kV Transmission I �J "'I ioJ W may( �Y� � f i • .0 Broader Area Map Henmiam Prided Area o.saTcrom — sco" ry Legend 115kV Transmission I 0 1oo Feet A tProposed Transmission-CL Parcels by City Proposed Transmission -ROW Chanhassen (� Xcel EnerW I' Proposed Structure Chaska n -s •}f cJ _ n � F." Legend Prope�Trsmmww'C� Wetlands & Propo! A NWI Wetlands Proposed T-ROW XCOJEMrgy� _DNR PWI Wetlands Proposed Structure v 4 F� t o: FEm n N A `dlF� I Legend y NWI Wetlands ACO/CC nergy• DNR PWI Wetlands Proposed Transmission-CL Proposed T-ROW Proposed Structure u IM 115kV Transmission I Wetlands & Prop! l: ALegend Proposed Transmission-CL 0 100 �/ III Wetlands Proposed T-ROW ACeI Energy DNR PWI Wetlands Proposed Structure 115kV Transmission I Wetlands & Prop! 'EM1A ,•� ` l N A� F•e L@98fld Proposed Transmissonl -CL 0 100 XC NWI Wetlands Proposed T-ROW Ce'Cr*r• DNR PWI Wetlands Proposed Structure 115kV Transmission I Wetlands & Prop,. IN 115kV Transmission I Ai� reet � "On'd ' Proposed Transmission-CL Wetlands & Propo: 0 100 NWI Wetlands Proposed T-ROW C Xcel �Ilelf DNR PWI Wetlands Proposed Structure T — 115kV Transmission I N Ai� Feei Legend Proposed fission-CL Wetlands & Propo! 0 100 �/ NWI Wetland Proposed T OW AceiEnergy� DNR PWI Wetlands Proposed Structure _ N J A Feet o 1DO 7 Xcel Energy' Legend NWI Wetlands DNR PWI Wetlands Proposed Transmission-CL' Proposed T-ROW Proposed Structure PURR 11411.71111�JIVn Wetlands & Propot N A� FB8 Leger nd Proposed Transmission-0L o too y C NWI Wetlands Proposed T-ROW vCOl Cner• DNR PWI Wetlands Proposed Structure Transmission I Wetlands & Propot N 11RV Transmission I AOk=c==1:0'DF" Legend Proposed Transmission-CL Wetlands & Propo'. NWI Wetlands Propow Y L-ROYY. ^ceiEmTy DNR PWI Wetlands p Exhibit 4-1 Structure Elevation Yew ARA4)AV-CU&5 (tW) �1 I f 4 d LINE 957M SCOLHZ Exhibit 4-2 Structure Elevation View r ARM-DAV-CUUS-5 ib b Q d m Q d ._ - �-1 K O y n N O a 00 U K 0 O 5 4 LINE 5570 g, `4CO-LHZ l 7A �— VNG4)UY-1 .a 2'-W Z VNGARM SUB-1 — GND4 PB-i (ryp) BRACED POST ASSEMBLY BY OTHERS SEE DETAIL 2 LINE 5570 BLC-LHZ PLT-NAM'SMA-I AS REQUIRED ARM -DST -I (TYP) + I Ir2 GNDNPA -AM -1 Exhibit 4-3 Structure Elevation View Exhibit 4-4 Photographic Rendering of Post Construction Conditions of Structures and Audubon Road Exhibit 4-5 \ O1L I S py A3AHOS ONVI ll9Ni151D A . L-- At M .�9.. Exhibit 4-6 Exhibit 4-7 �TYM'�y:J1'U CPRVER CVOUN'.v r BV LT o� cwsrnc-- LERFAMILY LER FAMI'V 0 9 D"1B0W39 . � • F O `_ RE INC 019.]OlBWWO _J RICRPR�ANOREW W£Bi N 5'EC Ilu' �I B�3 ti cxavu�xAZELTmEIxvEsioRS LLc End: Connection point to B�lBOB p� Lake Hazeltine Substation HA9 PINVESDSTN ' GNP. AWSELTINE INVESTMS LLC aonnm90 HPBM HAZEIiING INVEa' i " ' 0@SMC, CNASY IT • y IU C`\\ W W FISH ENiERPRI5E5lL.' N Legend A 6=m=:� Feet Routes Considered 0 500 Proposed Transmission-CL �. Route A /� ■ rnergy� Rout.0 XceI C .Route C — Route D Appendices Appendix A CITY OF CHANHASSEN Chanhassen is a Community for Life- ProWdingforToday and PlanningforTomarrow September 26, 2017 Mayor Mark Windschitl Chaska City Council Chaska City Hall One City Hall Plaza Chaska, MN 55318 Honorable Mayor Windschitl: The City of Chanhassen understands that Xcel Energy, Inc. will make application with the cities of Chaska and Chanhassen for local permitting of a high voltage transmission line route permit, pursuant to M.S. 216EO5. The 1.5-mile I I5kV electrical transmission line project extends from an existing transmission structure at the intersection of Lyman Boulevard and Audubon Road. It then follows the west side of Lyman Boulevard to the Twin Cities and Western Railroad Company tracks and follows the south side of the tracks until it crosses over to connect into the Lake Hazeltine Substation located on Columbia Court North. Minnesota Rule 7850.5300 stipulates that this local permitting process include environmental review conducted by the Responsible Governmental Unit (RGU) in the form of an Environmental Assessment (EA). Because a single EA is to be prepared to support the permitting effort, projects that span multiple jurisdictions can agree on one entity assuming the lead role in its preparation. Based on discussions with staff, the City of Chaska will assume this lead role. The City of Chanhassen hereby agrees that the City of Chaska can proceed as the Responsible Governmental Unit for preparation of the EA. Further, the City of Chanhassen conveys this agreement via this letter to the City of Chaska and the Public Utilities Commission (PUC). Sincerely, Denny Lau`fenburger Mayor DL:ktm gAadmin\tg\xcel energy transmission linevu - clan to doska for Igo xcel Imnsmission 09-26-2017.docx PH952.227.1100•www.ci.chanhassen.mn.us• FX 952.227. 1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Appendix B M. Proof of Title. Upon request, the Developer shall famish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Site Plan Agreement. N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. Stewart title ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. K01.1Imlli `.14:Yitoll&*M;4Sa7A[3A Subject to the Notice; Schedule B, Part I - Requirements, Schedule B, Part II - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Countersigned by: U111% Author zed Courte ignatu•e F�ti � °R+. r`o � � � c Matt Morris a 1908 3 President and CEO Stewart Title Company ; PI t S 1700 West 82nd Street, Suite 100 Bloomington, MN 55431 (952)888-6353 Denise C rraux Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. This page is only a part of a 2016 ALTA® Commitment for Title Insurance, This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule S, Part II - Exceptions, and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing +U 0.'(•N„vo r,r❑ as of the date of use. All other uses are prohibited. Reprinted under license from the Amedcan Land Title Association. +• �+r>N File No. 01040-21224e ALTA Commitment For Title Insurance 6-1-16 Page i of 3 COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) 'Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (a) Schedule B, Part I - Requirements; (f) Schedule B, Part 11 - Exceptions; and (g) a countersignature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) Comply with the Schedule B, Part I - Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II - Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. .rr- The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing u.n fill, as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. +�• •+•• File No. 01040-21224e ALTA Commitment For Toe Insurance 8-1-16 Page 2 of 3 (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part 1 - Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <htto://www.alta.org/arbitration>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. This page is only a part o1 a 2016 ALTA® Commitment for Title Insurance, This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006.2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association File No. 01040-21224e� ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Transaction Identification Data for reference only: Issuing Agent: Issuing Office: ALTA® Universal ID: Loan ID Number: Commitment Number. Issuing Office File Number: Property Address: Revision Number: Stewart Title Company 1700 West 82nd Street, Suite 100, Bloomington, MN 55431 N/A N/A 01040-21224 & 21224C 01040-21224e XXX XXX, Chanhassen, MN 55317 1. Commitment Date: January 15, 2018 at 8:00 A.M. 2. Policy to be issued: (a) ALTA Owner's Policy Proposed Insured: (b) ALTA Loan Policy Proposed Insured: Proposed Policy Amount Standard Pulte Homes of Minnesota LLC, a Minnesota limited liability company. Standard $1, 000.00 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple 4. Title to the said estate or interest in the Land is at the Commitment Date hereof vested in: As to Parcel 1: Brian A Klingelhutz and Lou Ann D. Klingelhutz as to an undivided one-half interest and Necon Enterprises. LLC as to an undivided one-half interest. As to Parcel 2: Gateway Development LLC a Minnesota limited liability company; subject to the rights of the public as dedicated on the plat of Gateway North. 5. The Land Is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part 11- Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006.2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01040-21224e MN ALTA Commitment For Title Insurance Schedule 8-1-16 Page 1 of 2 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY EXHIBIT "A" LEGAL DESCRIPTION Parcel 1 Outlot G, West Park, Carver County, Minnesota. Parcel 2 That portion of Gateway North dedicated as State Trunk Highway No. 101, Carver County, Minnesota. To be platted as West Park Second Addition. Abstract. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part it - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Tkle Association. All rights reserved. aaaa� The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01040-21224e MN ALTA Commitment For Mbe Insurance Schedule 8-1-16 Page 2 of 2 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY Requirements File No.: 01040-21224e All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Obtain a resolution from the proper governmental unit vacating the interest in Parcel 2. 6. Execute and record the plat of West Park Second Addition. 7. Payment of 2018 real estate taxes. 8. The Company reserves the right to add additional requirements at a later date. 9. This commitment has been prepared for informational purposes only. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements: and Schedule B, Part it - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006.2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01040-21224e ALTA Commitment For Title Insurance Schedule 8-1-16 Page 1 of 1 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions File No.: 01040-21224e THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements or claims of easements or other boundary or location disputes, not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the Land. 5. Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Taxes due and payable in 2018 and subsequent years. Note: As to Parcel 1, taxes for the year 2018 are not available. PIN:25.7850710. Non -Homestead There are no delinquent taxes of record. There is no PIN associated with Parcel 2. 8. Special and pending assessments, if any. Note: No assessment search has been requested. 9. Rights or claims of tenants, as tenants only, in possession under unrecorded leases. 10. Easements, terms and conditions of Final Certificate As To Parcel Nos. 96-1 and 96-3, dated January 17. 1997, filed January 27, 1997, as Document No. 206358, except that portion vacated in City of Chanhassen Carver County, Minnesota Resolution No. 2017-49, dated July 10, 2017, filed September 14, 2017 as Document No. A651690. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B. Part II - Exceptions: and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited Reprinted under license from the American Land Title Association. File No. 01040-21224e - MN ALTA Commitment For Title Insurance Schedule 8-1-16 Page 1 of 2 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions Note: Temporary Easements of Parcel 96-1 and Temporary Easement of Parcel 96-3 expired on December 31, 2017. 11. Access restrictions and limitations as shown in: a. Warranty Deed, dated January 24, 2002, filed January 28, 2002 as Document No. A306531; b. Trustee Deed, dated February 7, 2002, filed February 12, 2002 as Document No. A308045; c. Minnesota Department of Transportation Right of Way Plat No. 10-17 filed October 19, 2004 as Document No. 399301; d. Minnesota Department of Transportation Right of Way Plat No. 10-18 filed November 2, 2004 as Document No. 400453; e. As shown on the plat of Gateway North, filed October 6, 2006 as Document No. 451279; and f. As shown on the plat of West Park, filed October 6, 2006 as Document No. 651692. 12. Terms and conditions of City of Chanhassen Carver and Hennepin Counties, Minnesota Gateway North Development Contract, dated April 10, 2006, filed October 6, 2006, as Document No. A451284. 13. Rights of the State of Minnesota, the City of Chanhassen and the public in State Highway No. 101. (As to Parcel 2) 14. Terms and conditions of Temporary Construction Easement, dated August 18, 2017, filed August 28, 2017 as Document No. A650895. 15. Terms and conditions of City of Chanhassen Carver and Hennepin Counties, Minnesota West Park Development Contract (Developer Installed Improvements), dated July 24, 2017, filed September 14, 2017, as Document No. A651691. 16. Utility easements as shown on the Plat of West Park filed September 14, 2017, as Document No. 651692. 17. Terms and conditions of Temporary Drainage and Utility Easement, dated September 1, 2017, fled September 14, 2017, as Document No. A651694. 18. Terms and conditions of Declaration, dated September 8, 2017, fled September 14, 2017, as Document No. A651696. 19. Terms and conditions of Declaration, dated September 11, 2017, filed September 14, 2017, as Document No. A651698. 20. Drainage and utility easements as shown on the proposed Plat of West Park Second Addition. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing •• as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. "^"�� File No. 01040-21224e t`' MN ALTA Commitment ForTitle Insurance Schedule 8-1-16 Page 2 of 2 STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and drivers license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disdose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01040-21224e Page 1 Revised 11-19-2013 Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the Yes No business and managing customer amounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes —information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non -financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart The Company For our affiliates' everyday business purposes— information No We don't share about your creditworthiness. For our affiliates to market to you —For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-3359591. For non -affiliates to market to you. Non -affiliates are companies No We don't share not related by common ownership or wntrol. They can be financial and non -financial companies. How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We rolled your personal information, for example, when you personal information? • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? though federal and state law give you the right to limit sharing (e.g., opt out) certaininstances,wedonotshareyourpersonalinformationinthose [in stances. Chanhassen Planning Commission — June 5, 2018 Aller: Having a motion and a second. Any further discussion or comment? Madsen moved, Undestad seconded that the Chanhassen Board of Appeals and Adjustments approves a 5 foot front yard setback variance subject to the following conditions and adopts the attached Findings of Facts and Decisions: The applicant must apply for and receive a building permit. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aller: Motion carries. And we'll move onto item number 3 regarding the Audubon and Lyman CUP transmission line. PUBLIC HEARING: TRANSMISSION LINE: AUDUBON AND LYMAN CUP. Aanenson: That's mine. Thank you Chairman, members of the Planning Commission. This is an application by Xcel Energy. We do require a conditional use permit for certain wattage of electricity in excess so this is a conditional use. Want to go to the next page. So this will also go to the Planning Commission regardless of how you vote on this tonight. So the location is south of the intersection of Audubon Road and Lyman Boulevard. You can see the larger area on the left and the portion in Chanhassen is a little over 700 feet. That is that area in red that is covered by the line itself. Can you go to the next slide. So the proposed transmission line consists of constructing approximately yeah, 1.5 mile long, double circuit, 115 voltage, kilovolts, am I saying that right? There you go. Transmission line and suspended over 18 overhead structures. Two of those would be within Chanhassen so because of the voltage that is on there does require a conditional use. Because this is a larger project this does require, as the applicant has done, the environmental assessment document so there was hearings held on that and some Chanhassen residents did attend that so they've been informed of the process. Again we're, we partnered with Chaska on this and let them be the LGU. The government authority because of a majority of that is within Chanhassen. So they are following that. The process for the closing of the, I think there's 10 more days, working days after the project to take additional comments. Am I right on that? Audience: Correct. Aanenson: Yeah about 10 more days so people still have the right to comment on that but this is a conditional use will then catch up to that by the time we get through. So with that we did the conditional use permit findings. Again because of the transmission lines there it's the upgrade, the staff felt it met the findings that are required for the conditional use permit. So we are recommending approval. Again the poles will be not colored. Consistent with what's out there. Sometimes our poles, if you look on Highway 5 they're the blue. These will be the kind of the more rustic look that's out there but with that Sharmeen Al-Jaff who worked on this project was Chanhassen Planning Commission — June 5, 2018 actually at the neighborhood meeting and was able to talk to Chanhassen residents that were there so we are recommending approval of the conditional use permit and then also the Findings of Fact and Decision so with that I'd be happy to answer any questions that you may have. Also with tonight is two representatives of Xcel, Brian Sullivan and Gene Kotz are here to answer any questions that you may have too. Aller: Great, thank you. So again this is one of those great reports and it's also involves cross communication and cooperation with other entities which is always helpful. Our portion here is very small but in looking at it it appears that the report has hit all the required findings. Are there any, it looks like that they're all met. Are there anywhere you would consider them to be close and should be examined? Aanenson: No. Allen. Any other questions of staff? Commissioner Madsen. Madsen: Kate it appears that this transmission line is in a commercial area. Aanenson: Correct. Madsen: And there's no neighborhoods directly touching it. Aanenson: That's correct. If you can go back to that one map. So we're on the industrial park there so it kind of, it does go by the high school but it's on the other side of the street of the high school. As you know in front of the high school there is a transmission station there. The Chaska transmission station and then it does follow down into Chaska's industrial park but yes, it's, it's either institutional or industrial. Madsen: So if, were there any notices sent out to any neighborhoods? Aanenson: Yeah it was all within 500 feet. Madsen: Just the standard 500 feet that we normally do. Aanenson: Yeah I'll let the applicant from Xcel talk about how big their notice was and that may have been that red map that showed how big. I'll let them answer how far their notices went out. Madsen: Okay thank you. Aller: Great. Based on that question are there any other questions? Hearing none we'll invite the applicant to come forward and make their presentation. Perhaps you can hit that issue right off the bat after you state your names and addresses and representational capacities. 10 Chanhassen Planning Commission — June 5, 2018 Brian Sullivan: Yeah this is Brian Sullivan with Xcel Energy and I have Gene Kotz here also and Tom Braman is with Westwood Engineering. He's the one that actually pulled the report together and did all the work so maybe we should give him some... Aller: So you hide him in the back and you get to speak. Brian Sullivan: Yeah exactly. You know we just want to claim all the fame and glory I can here. Not really but, so on the notices I believe we sent out to 500 feet within the route there and part of the route, part of the reasoning for the route was we wanted to stay away from residential areas as much as possible and so the route was on the side of Lyman Boulevard that was on, that goes up to the railroad tracks and it's on the south side of the railroad tracks until we hop over into, hop over the railroad tracks at Lyman at the light there and then into the new substation there so we're trying to be mindful of the neighborhood and the community and trying to minimize the impacts to everybody around so that's part of what that route was about there. There were other considerations that we looked at but this seemed to be the least intrusive route on that. The transmission line is requested by the City of Chaska. We're the wholesale provider to the City and so as that we're required to provide them with electricity and we've been working with the City of Chaska. The City of Chanhassen and Chaska have been talking back and forth, back and forth, back and forth and so we feel like we've had some pretty good communications between all the groups and you know with that I guess I'd leave it open to any questions you might have. Aller: I know the answer but this is for the general public who are watching and of course they should also know that these reports are again on our website so that you can review these and follow the item to final action with the City Council but were other sites and routes examined and considered? Brian Sullivan: Yeah we looked at, we looked at 3 or 4 other routes. One was to, well and some of them it's all kind of intuitive. We looked at going down Audubon towards the lake and then following the lake across or trying to sneak through the neighborhood there and that caused some issues with just having, the transmission line against the lake isn't, just didn't seem like a good use of that there. Not only the environmental issues but the view shed issues there for that. We looked at going on the other side of Lyman but, and Gene can talk about the engineering issues but there's a lot of engineering issues to get around the substation and we got to tap into the line way down in the hollow down there. Down in the wetland area there's difficulty getting down there and all that and then plus we're going across school property and we've learned in the past that when we start to cross school properties we start to get a lot of people come in and to voice opposition to that. And the other option was to follow the railroad tracks. I'm losing my sense of direction. I guess that'd be on the north and east and tap in the line there but then again we are flying over either the top of the school property or flying through the back yards of neighbors and those seemed less reasonable also. 11 Chanhassen Planning Commission — June 5, 2018 Aller: Sounds like you also had some communication with the public and open houses. How did those discussions go? Brian Sullivan: The open houses we had, we've had an open house where we invited everybody in and we had 3 or 4. We didn't have a lot of people, a lot of people showed up. Mr. Degler showed up and some of the other residents in the area showed up and some were there just out of interest to see what was going on and some people were concerned about the location of it but hopefully we answered the questions as best we can so it wasn't, it wasn't pitchforks and torches so. So anyway that's, it went fairly well. Aller: Any additional questions? Mr. McGonagill. McGonagill: So on the, any other spurs or extensions planned off of this line to go to other substations or growth or is this just tying two nodes together and this is it? Gene Kotz: This is a circuit that is called an in and out capture where, Mr. McGonagill? McGonagill: Yes. Gene Kotz: Is that correct? Yeah it's an in and out tap where it goes out. It ends back where it started because it has to be, it's a looped type of configuration to where it just doesn't go out and wait for somebody to connect and go somewhere else. It's only to that point and back so there's no expansion for the future. McGonagill: Will there be any additional wires run to up the load do you think or is it just this? Gene Kotz: No. McGonagill: I mean this is all you'll ever do is a 115 KV and that's it. Gene Kotz: Correct. We could not ever expand that anyway because it would require, if we went higher in voltage it would require a much larger permitting process as well as we'd have to get a larger easement width so all properties would be affected which, that's a no start so we can't do that. McGonagill: Okay. Gene Kotz: But this will stay at 115 KV. McGonagill: And that's it. Just this is the route and this is the route, okay thank you. Aller: Additional comments or questions? Thank you gentlemen. 12 Chanhassen Planning Commission — June 5, 2018 Brian Sullivan: Thank you. Aller: At this point in time we'll open up the public hearing portion of this item. Any individual wishing to speak either for or against the item before us can do so at this time. Seeing no one come up we will close the public hearing. Open it up for discussion and/or motion. Another complete report. Undestad: Then I will make a motion. Aller: Commissioner Undestad. Undestad: That the Chanhassen Planning Commission recommends approval of the conditional use permit to allow a transmission line to be located south of the intersection of Audubon and Lyman Boulevard, Planning Case 18-08 subject to the conditions of approval and adopts the attached Findings of Fact and Decision. Aller: I have a motion. Do I have a second? Tietz: Second. Aller: Having a motion and a second, any further discussion or comment? Undestad moved, Tietz seconded that the Chanhassen Planning Commission recommends approval of the Conditional Use Permit to allow a transmission line to be located south of the intersection of Audubon Road and Lyman Boulevard as shown in the attached Exhibit A, Planning Case 18-08, and subject to the following conditions: Approval of the Conditional Use Permit is contingent upon final approval of the EA and a resolution declaring no need for an Environmental Impact Statement. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Aller: Motion carries. Aanenson: Chairman just wanted to, because we don't do these too often I just want to remind everybody, we do have high tension power lines that run along Highway 5 that's serving the city and those have been upgraded over time and also we are serviced by two electrical districts. Xcel's on the north side and on the southern end Minnesota Valley so we have, we did a substation down by Gedney Pickles where we were the LGU on that one. I don't know if anybody remembers that but that was Sharmeen worked on that one too but that also services going from the south so we do some experience and Sharmeen's very knowledgeable and worked with Xcel on this one so I think we got all of our questions answered ahead of time but I appreciate the questions that you asked so make sure those got on the public record so thank you. 13 CAMPBELL KNUTSON PROFESSIONAL A S S • C I A T 1 • July 18, 2018 Thomas J. Campbell* Roger N. Knutson Elliott B. Knetsch Ms. Jenny Potter Joel J. Jamnik City of Chanhassen Andrea McDowell Poehler 7700 Market BoulevardSoren M. Mattick Henry A. Schaeffer, III P.O. Box 147 Alina Schwartz Chanhassen, MN 55317 Shana N. Conklin Amy B. Schutt James J. Monge, 111 Re: Miscellaneous Recorded Documents Jerome M. Porter David S. Kendall Dear Ms. Potter: Matthew K. Brokl Kurt S. Fischer Please find enclosed, for the City's files, Conditional Use Permit 2018-08 recorded on *OfCuunsel July 5, 2018 as Carver County document number A664351. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean M. son, Legal t /jmo Enclosure Grand Oak Office Center 1 860 Blue Gentian Road Suite 290 Eagan, Minnesota 55121 Main: 65I-452-5000 Fax: 651-234-6237 www.ck-law.com 190708v11 Document No. A664351 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Recorded on -July 05, 2018 3 40 PM Fee $46 00 III III 4351 I III CKaaren Lewis ounty Recorder CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #2018-08 Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: A transmission line to be located south of the intersection of Audubon and Lyman Boulevard. 2. Prooerty. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described in the attached Exhibit A. 3. Conditions. Subject to the following condition as shown in the attached Exhibit B: Approval of the Conditional Use Permit is contingent upon final approval of the EA and a resolution declaring no need for an Environmental Impact Statement. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Laige. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: June 25, 2018 By; r Denny Lay en urge , Mayor By: Todd Ger tardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thi day of, Y P f kP , 2018, by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. #AK IM T•MEUWISSENotary PusotaMy Con mi»bo Eap�K Jan 31, 2020 II i City of Chanhassen P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 Notary Publ NORTHERN STATES POWER N MINNESOTA EXHIBI/BIT A SHEET 1 OF 2 SHEETS Certificate of Survey Location: Chaska, MN Grantor: Dean F. Degler, Dean F. Degler, as Trustee; Lois R. Degler, Lois R. Degler, as Trustee; Gayle O. Degler, Gayle O. Degler, as Trustee See sheet 2 of 2 for descriptions. Scale: 1 "=100' NNW COR. GOV'T. LOT 2 '' % NORTH LINE P.O.B. OF GOV'T. LOT 2 �YA4, /�' V C' 4.28 CHAINS \1H49.64 �' %V S88'29'32"E T `564�•z S'LY RIGHT OF WAY ^+wV 3>2 0 EASEMENT CIL - EASEMENT V V V I L. V I � CHAINS I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. LINE: 5570�/ PARCEL: #10 Degler MICHAEt E. CANNON LIC. NO.40035 SEC. 22, T. 116 N., R. 23 W., 5th P.M. CO.: Carver DATE I z - 16 - 17 NORTHERN STATES POWER MINNESOTA E�XHI/BIT A SHEET 2 OF 2 SHEETS Certificate of Survey Location: Chaska, MN Grantor: Dean F. Degler, Dean F. Degler, as Trustee; Lois R. Degler, Lois R. Degler, as Trustee; Gayle O. Degler, Gayle O. Degler, as Trustee "Property": Commencing at a post on center line of Section 22, Township 116, Range 23, which post bears South 4.28 chains from center post of said Section 22; thence South 15.32 chains to Quarter post; then North 44-1 /2 degrees West 27.90 chains; thence East 15.32 chains; thence South 4.28 chains; thence East 4.28 chains to place of beginning situated in Lot 2, Section 22, Township 116, Range 23, Carver County, Minnesota. "Easement Area": A 75.00 foot wide easement over, under and across the herein before described 'Property" which lies 37.50 feet on each side of the following described centerline: Commencing at the northwest comer of Government Lot 2, Section 22, Township 116 North, Range 23 West; thence South 88 degrees 29 minutes 32 seconds East, along the north line of said Government Lot 2, a distance of 1849.64 feet to the point of beginning of the centerline to be described; thence South 64 degrees 36 minutes 23 seconds East 372.90 feet; thence South 77 degrees 58 minutes 01 second East 180.00 feet and there terminating. The sidelines of said easement are to be shortened or lengthened to intersect said north line of Government Lot 2. Containing: 0.88 acres, more or less, including right of way. 0.17 acres, more or less, in right of wayy. 0.71 acres, more or less, excluding ngk of way. LINE: 5570 PARCEL: #10 Degler SEC. 22, T. 116 N., R. 23 W., 5th P.M. CO.: Carver Exhibit B PAP � ti ri ero.d.,N.a Map N.nnepn pmex M. cr. a'^we SMI ...... ..._. .N rine> Legend Ad 1oo Proposed Transmission-CL Parcels by City XOWEne � -e Proposed Transmission -ROW Chanhassen GI@/�j� Proposed Structure Chaska 115kV Transmission line to Lake Hazeltine Sub Cb.h Ch-'.... , MN Proposed Conditions Exhibit 2.1 N Legend r IVMV I1"11`1....�i�i.v.. A `�� Feel ChaskalChanhassen MN o 500 Proposed Transmission-CL Carver Co. Parcels W/I 500 ft Buffer of Proposed Transmission ROW v .C. ------ Proposed Transmission -ROW Awl GnerW500 ft. ROW Buffer Exhibit A Proposed Structure COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 Ig-OS' CITY OF CHAN}ASSEN C tY APPLICATION / FOR DEVELOPMENT REVIEW Submittal Date: 6 PC Date: I O CC Date: 60-Day Review Date. Section 11: Application . (check all that apply) - (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers ..... $100 0 Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 E All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD.................$100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review (SPR) ❑ Administrative..................................................$100 ❑ Commercial/Industrial Districts*......................$500 Plus $10 per 1,000 square feet of building area: thousand square feet) Include number of existing employees: Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit (— units) ❑ Notification Sign (City to install and remove) .......................... ❑ Subdivision (SUB) ❑ Create 3 lots or less........................................$300 ❑ Create over 3 lots.......................$600 + $15 per lot ( lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat..........................................................$700 (Includes $450 escrow for attorney costs)` 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ..... $200 ❑ Property Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address (_ addresses) Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) ❑ Deeds TOTAL FEE: LIT5. 00 Description of Proposal: Build 2 structures in Chanhassen for the 115kV transmission line from the existing line east of Lyman Blvd & Audubon Rd. in Chanhassen to the Lake Hazeltine Substation in Chaska. Property Address or Location: South of the intersection of Lyman Blvd and Audubon Rd Parcel #: 250220800 and 250221500 Legal Description: S 22, T 116, R. 23 Total Acreage: 1.40 Wetlands Present? ❑ Yes 0 No Present Zoning: Agricultural Estate District (A2) Requested Zoning: Not ApplicableCITY Present Land Use Designation: Agriculture Requested Land Use Designation: Not A�I� Existing Use of Property: Agriculture OCheck box if separate narrative is attached. PropertySection 3: . Applicant APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the parry whom the City should contact regarding any matter pertaining to this application. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Xcel Energy Contact: Brian Sullivan Address: 414 Nicollet Mall, 414-06 Phone: (612) 330-5925 City/State2ip: Minneapolis, MN 55401 Cell: (612) 366-0234 Email: brian.e.sullivan@xcelenergy.com Fax: Dgfta1ywWSWWan Signature: Brian Sullivan D e:M&055..011B7n2356-WW Date: 5/1/18 PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Xcel Energy Contact: Brian Sullivan Address: 414 Nicollet Mall Phone: (612) 330-5925 City/State/Zip: Minneapolis, MN 55401 Cell: (612) 366-0234 Email: brian.e.sullivan@xcelenergy.com Fax: Brian Sullivan by�� 5/1/08 Signature: Dm .MMM.m 17 a.W av Date: This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Westwood Contact: Tom Braman Address: 12701 Whitewater Drive, Suite 300 Phone: (952) 906-7447 City/State/Zip- Minnetonka, MN 55343 Cell: Email: tom.braman@westwoodps.com Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email [I Mailed Paper Copy Name: ❑� Applicant Via: 0 Email ❑ Mailed Paper Copy Address: Engineer Via: F±] Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMIT FORM CONDITIONAL USE PERMIT APPLICATION City of Chanhassen Date: May 4, 2018 Applicant: Northern States Power Company, a Minnesota corporation ("Xcel Energy") Project Description: The applicant proposes to construct and operate a 115kV transmission line approximately 1.5-mile long and consisting of approximately 18 transmission structures between the cities of Chanhassen and Chaska, in Carver County, Minnesota (Exhibits 1-0 through 1-8). it will begin by connecting to an existing transmission line in the southeast quadrant of Lyman Boulevard and Audubon Road in Chanhassen. It will end at the Lake Hazeltine substation on the west side of Columbia Court North in Chaska. Two structures, numbers one and two, will be constructed in the city of Chanhassen and sixteen will be constructed in the city of Chaska. Site Location: The project is located in Carver County, Minnesota. Commencing in Chanhassen, in the southeast quadrant of the Lyman Blvd and Audubon Road intersection, it will follow the southwesterly side of Lyman Boulevard to the south side of the Twin Cities and Western Railroad. The transmission route will turn westerly and parallel the railroad until it reaches the north shore of Lake Hazeltine, where it will turn north on the west side of Columbia Court North, and end at the Lake Hazeltine electric substation in Chaska. It is located in the west half of Section 22, Township 116N, Range 23W and the north half of Section 21, Township 116N, Range 23W. Contact: Brian Sullivan Xcel Energy Email address: Telephone: 414 Nicollet Mall — 414-06 Minneapolis, MN 55401 Brian.E.Sullivan@xcelenergy.com Gene Kotz Xcel Energy 414 Nicollet Mall — 141-05 Minneapolis, MN 55401 Eugene.Kotz@xcelenergy.com 612-330-5925 612-330-5625 Page 2 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Attached Exhibits: Exhibits 1-0through 1-8 Existing Conditions Exhibits 2-0 Proposed Transmission Line and Right -of -Way Exhibits 2-1 through 2-8 Proposed Conditions Exhibits 3-0 through 3-8 Wetlands and Proposed Transmission Line and Right -of -Way Exhibit 4-0 Example of Typical Weathered Steel Transmission Structure Exhibits 4-1 - 4-3 Structure Elevation View Exhibits 4-4 Photographic Rendering of Post Construction Conditions of Structures 1-3 Exhibit A Landowners Within 500 Feet of Proposed ROW Exhibit B Alternate Routes N/A Landscape Plan N/A Sign Plan Tables: Table 1: Proposed Structure Specifications Table 2: Project Modeled EMF output values Table 3: Sources and Values of EMF Table 4: Decibel Levels of Common Noise Sources Table 5: Minnesota Statutory Limits by Noise Area Classification (dBA) Appendices: Appendix 1 Letter from City of Chanhassen to City of Chaska Appendix 2 Landowners within 500 feet of Proposed Route Right of Way Page 3 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 PERMITTING & REGULATORY PROCESS Xcel Energy has elected to follow the local permit review process set forth in Minn. Stat. §216E.05 Minn. R. 7850.5300 to permit the proposed transmission line and structures. This process provides that applicants for applicable projects may seek approval from the local unit of government (LGU) that has jurisdiction over the site or route in lieu of applying to the Minnesota Public Utilities Commission (PUC) for a Route Permit. In addition to noticing requirements, the local review process requires that the LGU: (1) prepare an Environmental Assessment (EA) for the project and give the public an opportunity to participate in the development of the scope of the EA, (This will be completed by the City of Chaska), (2) provide a project notice for publication in the EQB Monitor upon completion of the EA and take public comments, (This will be completed by the City of Chaska) and, (3) make a decision on the permit after at least 10 working days after the project notice appears in the EQB Monitor. (This will be completed by the City of Chaska). Since a larger portion of the transmission project is located within the City of Chaska and a smaller portion in the City of Chanhassen, staff from both cities met to determine which city would serve as the Responsible Governmental Unit (RGU) for preparation of the EA for the PUC process. The City Council of Chanhassen provided the attached letter dated September 26, 2017 agreeing that Chaska will serve as the RGU for preparation of the EA for this project (Appendix 1). Pursuant to Chanhassen Code of Ordinances Chapter 20, Zoning Article XXIII, Division 1, Section Sec. 20-901. - Overhead transmission lines: Installation of overhead transmission lines in excess of 69 kilovolts shall require the issuance of a conditional use permit through any district located in the city. The city council, in addition to the standards established in article IV, may also impose other conditions as deemed necessary to protect the public health, safety and welfare. Therefore, Xcel Energy is hereby applying for a Conditional Use Permit (CUP) from the City of Chanhassen for the proposed project in accordance with Chanhassen Code; and Minn. Stat. §216E.05 and Minn. R. 78505300 described above. In addition, Xcel Energy has applied for a CUP from the City of Chaska for this project. BACKGROUND The proposed 1.5-mile 115 kV double circuit transmission line project is needed to power the Lake Hazeltine Substation in Chaska. This will meet the increasing demand for electricity in the City of Chaska It will draw electricity from the existing transmission line located in Chanhassen along the eastern side of Audubon Road at Lyman Boulevard, approximately 700 feet southeast of the Bluff Creek Substation. This project is the subject of this CUP application and is described below. PROPOSED PROJECT The proposed transmission line project consist of constructing an approximately 1.5-mile-long, double circuit, 115 kV transmission line suspended on 18 overhead structures (Exhibits 2-0 through 2-8). The Page 4 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 proposed transmission line will begin in the City of Chanhassen with the first structure and connection to the existing transmission line located on the southeast side of the intersection of Audubon Road and Lyman Boulevard on land owned by the City of Chanhassen. It will cross Audubon Road to the west with one more structure in Chanhassen on the east side of Lake Hazeltine Drive. The remainder of the project will be located in the City of Chaska. It will continue northwesterly for approximately 3,500 feet along the west side of Lyman Boulevard to the south side of the Twin Cities and Western Railroad tracks. The transmission route will turn to the southwest and parallel the railroad tracks for approximately 3,000 feet. The transmission route will then cross the railroad tracks in a northwesterly direction for about 850 feet ending with a connection at the Lake Hazeltine Substation. The proposed transmission line will consist of conductors attached to weathered steel monopole structures with davit arms on a drilled pier concrete foundation; a typical photograph is shown in Exhibit 4-0. Each of the structures will range in height from 80-110 feet and have span lengths of approximately 350 feet. Specialty structures will be used at road and railroad crossings and where the transmission route makes a significant direction change. Structures will be erected on a reinforced concrete pier foundation approximately 6 to 8-feet in diameter. Table 1 provides a summary of the proposed transmission structure details. Elevations of proposed structures are shown in Exhibits 4-1 through 4-3. Table 1: Proposed Structure Specifications Line Structure Structure Right- Structure Foundation Foundation Span Between Type Type Material of -Way Height Diameter Structures Width (ft.) () ft. 115kV Single Weathered 25 to 80-110 Reinforced Directed Approximately double pole; steel 77.8 concrete drilled embedded 350 circuit Specialty pier foundation or 6 to 8 pole and feet for self-supporting specialty structures. structures. New right -of --way (ROW) acquisition is needed for areas currently outside of the public road ROW and railroad ROW. Anticipated easement width to be acquired is a nominal 25 to a maximum of 77.8 feet. Existing ROW will be used where available and the transmission line will be centered over the ROW. The first two structures will be located in Chanhassen, with the first structure being constructed on a parcel of land owned by the City of Chanhassen. The remaining 16 structures will be constructed in Chaska (Exhibits 2-0 through 2-8). An Xcel Energy land agent has been in contact with all landowners in the project corridor. The land agent will continue working with landowners to acquire new ROW and/or modify existing ROW easements as necessary. The land agent will work with landowners to address any construction needs, impacts, damages or restoration issues. Exhibit A shows landowner parcels within 500 feet of the proposed ROW and Appendix 2 has a spreadsheet of the landowners from the Carver County Parcel dataset. Vegetation management will include general vegetation clearing where structures are proposed and tree removal within the project ROW. Post construction vegetation management will include replanting graded areas and continued vegetation maintenance as necessary to comply with erosion control and operation and safety standards. Page 5 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 The project requires unavoidable crossings of wetlands in Chaska. Temporary and permanent impacts to wetlands will result. Unavoidable temporary wetland impacts will occur in order to access and build proposed structures and for stringing conductors. Mats will be used as an access road across wetlands to structures located in wetlands. Access roads will be up to approximately 28 feet wide, within a permanent easement that is up to 77.8 feet wide. Staging areas on mats around structures in wetlands will be up to 65 feet in circumference around each structure. In some cases staging this may be reduced to 50 feet around of each structure. Work in wetlands may start in late spring or summer 2018 and continue through the fall of 2018 as access allows. Temporary wetland impacts will be minimized by requiring all work to be performed on mats in a 100- foot by 65-foot area. Additionally only essential equipment will be allowed in wetlands. Unavoidable permanent wetland impact will result from constructing foundations for eight structures in wetlands: Structures 3, 9, 10, 11, 12, 14, 15, and 16 (Exhibit 3-0 through 3-8). Permanent wetland impact for each of these eight structure foundations will be an area of eight feet in diameter or less. The permanent wetland impact for each of the eight structures will be 51 square feet or less. Permanent wetland impacts will occur from excavating soil at each structure foundation location. The excavated soil will be loaded into a truck and disposed in an upland area off -site. A structure foundation form will be used along with rebar and concrete to create the reinforced structure foundation. After the foundation concrete is cured, the structures will be erected upon the foundations and the conductors will be connected. The mats used to access the structures in wetlands will be typically removed from the wetlands 60 days following construction activities. ALTERNATIVE ROUTES An alternative route assessment was considered prior to deciding on the proposed route (See Exhibit B Alternate Routes). Xcel energy worked with staff from the cities of Chaska and Chanhassen, design engineers and environmental consultants to select the route. The following factors were considered in the establishment of the transmission route and structure placement: 1. Source and destination of the route 2. Engineering constraints 3. Environmental impacts 4. Safety S. Existing electric corridor 6. Cost Alternate Route A would begin by connecting to the existing transmission line on the northeast side of Lyman Blvd. near the Bluff Creek Substation. It would proceed westerly along the northeast side of Lyman for several hundred feet where it would cross to the southwest side of Lyman and proceed northwest to the railroad where it would turn to the southwest. The route would parallel the railroad southwest to Lake Hazeltine where it would turn west-northwest and connect the Lake Hazeltine Substation. Route D started in the same location as Route A but would continue on the northeast side of Lyman to the railroad. These two alternatives were not selected for the following reasons: They were not preferred by the cities of Chaska and Chanhassen. They required additional specialty structures. There were engineering problems with the school entry drive and elevation drop. The connection to the existing transmission line Page 6 Chanhassen CUP for Xcel 115kV Transmission line to Lake Hazeltine Substation May 4, 2018 would occur in a wetland and floodplain which could be avoided by selecting another route. Future maintenance logistics and permit issues were greater for these alternative routes. Alternate route B was investigated which would use the existing transmission corridor east of the Bluff Creek Substation and extend north approximately 3,000 feet to the railroad and then follow the south side of the railroad southwest for approximately 5,200 feet to Lake Hazeltine then cross the railroad track and connect to the Lake Hazeltine Substation. This alternative was not selected because it was considerably longer, had greater wetland impact and was closer to the high school play fields and several houses located north of the railroad track. Route C was a modified alternative of Routes A, B, and D that would follow the north side of the railroad tracks. This alternative was not selected because it had greater tree cutting, did not use an existing electric corridor and would cause impact to a bald eagle nest. The preferred route was selected because it best met the route decision factors above. It connected best from the source and destination and was preferred by both the cities of Chaska and Chanhassen. It had the fewest engineering design problems such as clearance, specialty structures, ground elevation issues, structure placement and challenges with existing easements. It had the less environmental impact than the other routes. The safety elements were similar to other routes. It fit better with the existing electric corridor than other routes. It cost less than other routes. CUP FILING REQUIRMENTS Pursuant to Chanhassen Code of Ordinances Sec. 20-232. - General issuance standards. The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: (1) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. To achieve general issuance Standards 1, the project was designed by engineers registered in the State of Minnesota and will be constructed by craftsmen trained and certified following industry standards and specifications for mechanical, structural and electrical equipment using standards in place by Xcel Energy to provide safe, long lasting, reliable and affordable electric service for the area users. Comprehensive Plan certain uses, including "essential services," are permitted subject to a Conditional Use Permit. The project constitutes a "privately owned and operated essential service" as defined by Sections 2.3 and 15 of the ordinance. Section 2.3 of the City Zoning Ordinance also provides that above ground structures for private essential services shall be classified as a conditional use in all zoning districts. Electric and Magnetic Fields (EMF) have been modeled at the proposed transmission line between structures 1 and 2 in Chanhassen (Table 2). The nearest dwelling will be 350 feet from the transmission line. The applicant modeled EMF at 0, 30, 100, and 150 foot offsets from the proposed transmission line Page 7 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 centerline with the results below. The values depict the intensity of EMF, measured in MilliGauss (mG) and are based on peak summer loading provided by Xcel Planning. Under the transmission right-of-way, the EMF values produced from the proposed project be similar compared to other common EMF sources people encounter on a regular basis as shown in Table 3. Outside of the transmission right-of-way, the EMF values encountered will be similar or lower. Table 2: Project Modeled EMF output values 1 EMF @ 0' offset (T-line centerline) = 26 mG 2 EMF @ 30' offset (edge of ROW) = 21 mG 3 EMF @ 100' offset � 7 mG (based on no other contributions at location) 4 EMF @ 150' offset = 4 mG (based on no other contributions at location) Table 3: Sources and Values of EMF I Distance from Source 300 1 — Hair Drier Electric Shaver I(X) 20 — Can Opener 600 ISO 20 Electric Stove 30 8 2 Television NA 7 2 Portable Heater 100 20 4 Vacuum Cleaner 300 60 10 copy Machine 90 20 1 7 computer 14 S 1 2 Source: EMF In lour F.m ironment I EPA 1992). (2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. The project is consistent with the comprehensive plan and this chapter's objectives. Section 1.1 the Community Vision Section of the Comprehensive plan states, "The City of Chanhassen prides itself in providing sound infrastructure. The City's Pavement Management System ensures that upgrades occur when needed and are prioritized based on the condition of pavement. Page 8 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Municipal services such as water and sewer, and private utilities such as electrical and high-speed internet are readily available, of high quality, and affordable. " The proposed transmission line project is being constructed to both modemize and expand reliable electric service infrastructure. (3) Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed transmission line structure appearance was taken into consideration during the design. An example of a proposed weathered steel structure is shown in exhibit 4-0. A post construction photographic rendition of the structures proposed for the project in Chanhassen are shown from a viewpoint looking south across the Lyman Boulevard and Audubon Road intersection (Exhibit 4-4). Similar structures are currently used in the area. The proposed structure is designed to last for decades and weather naturally; it requires no painting and infrequent maintenance. (4) Will not be hazardous or disturbing to existing or planned neighboring uses. The proposed transmission line was designed and centered within a right-of-way corridor up to 77.8 feet wide and it utilizes portions of existing electrical utility corridors. It was designed so it will have no adverse effects to existing or planned neighborhood uses. (5) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed transmission line is part of the utility system. (6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed transmission line will be owned and maintained by Xcel Energy and will not be detrimental to the economic welfare of the community. Page 9 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 (7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash. The proposed transmission line will he constructed, operated and maintained following its permitted use and conditions. General mechanized land clearing is not proposed for this project. Clearing is required and limited to the immediate area of the structures. Trees will be cut from the transmission corridor to provide a safety zone around the transmission conductors. Equipment used for the project includes flat-bed semi -trucks for delivery of structure components and equipment, excavators, loaders and dump trucks for boring the foundation hole and removal of excess soil, cement trucks for constructing the reinforced concrete structure foundations and boom trucks for structure erection and conductor stringing. This equipment will comply with state and federal regulations for noise and emissions. Equipment will be operated in a safe manner by trained personnel. The project will be constructed so it will not produce excessive traffic. Xcel Energy will work with the City staff to coordinate construction schedules to minimize disruption of traffic. Sound will be produced during construction and operation of the transmission line. Table 4 shows average decibel levels (dBA) or pressure levels of common noise sources. Minnesota noise standards, which are summarized in Table 2 will not be exceeded during construction or operation of the project. All construction work will be completed during daylight hours using equipment designed and maintained to operate using sound abating mufflers. During transmission line operation, noise levels produced are low and they will be below the state threshold. Table 4: Decibel Levels of Common Noise Sources Sound pressure levels Common Indoor and (dBA) outdoor noises 110 Bock bond at Sm Mover over at 3uom 100 a Gas lanovo. at I in 90 Food blmder at Im 80 shoutkg at I. 70 Vacuum cleaner at 3m taaomal speech at Im 60 large business office S0 Whaa,her next ioom. 9ulet urban deytane 40 LIMary. quiet urban nighttime ban nig Quiet suburban 30 m Bedlooat night 20 Quiet oval nighttime Broadcast wons" studio 10 0 Threshold of heamg Source: (Minnesota Pollution Control Agency, 2015. A Guide to Noise Control in Minnesota) Page 10 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Table 5: Minnesota StatutoryLimits by Noise Area Classification dBA Noise Area Classification Daytime Nighttime Lio I L5o Lio L5o 1 65 160 55 50 2 70 65 70 65 3 80 75 80 75 Source: (Minnesota Pollution Control Agency, 2015. A Guloe to Noise t;ontroi in Minnesota) In Minnesota, statistical sound levels (L Level Descriptors) are used to evaluate noise levels and identify noise impacts. The L5 is defined as the noise level exceeded 5% of the time, or for three minutes in an hour. The Lio is defined as the noise level exceeded 10% of the time, or for six minutes in an hour. The L50 is defined as the noise level exceeded 50% of the time, or 30 minutes in an hour. Regulations differ in Minnesota based on daytime noise and nighttime noise and are further separated into land use or Nose Area Classification (NAC) of the noise receiver. NAC 1 is for land use activities such as: residential housing, religious activities, camping and picnicking areas, health services, hotels, educational services. NAC 2 is for: retail, business and government services, recreational activities, transit passenger terminals. NAC 3 is for: manufacturing, fairgrounds and amusement parks, agricultural and forestry activities. NAC 4 is for: undeveloped and unused land. The NAC is found in Minnesota Rule 7030.0050. During construction, noise will occur from structure foundation installation equipment and structure erection equipment. Typical equipment will include semi -trucks for equipment and supply delivery, track excavators, foundation drilling rigs, dump trucks, cement trucks and boom trucks. Noise generated during the transmission line construction will occur in phases over a few months. Most tasks take a few days to a few weeks to complete with waiting times between them for example, concrete curing and inspection. During transmission line operation, audible noise generated by a 115kV transmission line was modeled by Xcel Energy using software produced by Bonneville Power Administration. Results show noise generated under the worst case wet conditions scenario that the audible L5 and Lso noise levels modeled at the edge of a 75-foot-wide right-of-way (37.5 feet from centerline) would be at 22.2dBA and 18.7 dBA, respectively. These levels are below the state noise thresholds reported in the Minnesota Pollution Control Agency nighttime L50 limit of 50 dBA which is also shown in Table 5. Smoke, fumes and odors will be produced during construction but quantities and duration will not be excessive. Sources of smoke, fumes and odors will come from equipment and fabricating the proposed structures in Chanhassen and Chaska. Sources of smoke, fumes and odors may include welding or cutting steel for transmission structure foundations, concrete, operation of diesel powered equipment, chain saws used to cut trees and use of construction tools and equipment. Activities generating smoke, fumes and odors may last a few days or weeks. Operation of the transmission line will not produce smoke, fumes or odors. Page 11 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Glare may occur from reflecting light off equipment windows in insignificant amounts and for short periods and occasionally as the operating transmission line conductors may reflect light. It will be similar to existing conditions in the area of the proposed transmission line. The structures will be weathered steel and will have a low reflective surface. The project will not produce or support habitat for rodents. Trash generated by the project will not support rodent habitat as it will be limited to construction waste. Trash will be promptly contained, collected and disposed or recycled at a licensed waste facility following Xcel Energy construction standards. (8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. During construction, vehicular and equipment access to the construction corridor and structure locations will be coordinated with the City staff to minimize disturbance, congestion and interfere with traffic. There will be construction equipment moving to and from the site and it will be managed and directed in a safe and orderly process following Xcel Energy's construction and operation standards. During transmission line operations there will be no interference with vehicular approaches or traffic congestion or interference. The transmission conductor was designed to span over Audubon Road at a minimum height of approximately 45 feet. This is higher than existing wires or traffic signals at this road (Exhibit 4-5 through 4-7). (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Construction and operation of this project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. (10) Will be aesthetically compatible with the area. Construction and operation of this project will be aesthetically compatible with the area. Construction disturbance will cover a small area. A post construction photographic rendition of the structures proposed for the project in Chanhassen is shown from a viewpoint looking south across the Lyman Boulevard and Audubon Road intersection (Exhibit 4-4). The selection of the weathered steel structure is aesthetically compatible to the area and similar to structures currently used in the area. Page 12 Chanhassen CUP for Xcel 11SkV Transmission Line to Lake Hazeltine Substation May 4, 2018 (11) Will not depreciate surrounding property values. Construction and operation of this project will not depreciate surrounding property values. Landowners affected by the project will be compensated for the use. The location of the project was selected to meet the area residence and industrial customer's electric demand and for high quality, reliable and modern electrical transmission infrastructure. The proposed transmission line would be located primarily in an industrial developed area in Chaska and adjacent to agricultural lands in Chanhassen. The nearest dwelling is located 350 feet from the proposed transmission line in Chanhassen. The proposed use will not injure or detract from the use of the neighboring property or from the character of the neighborhood because the proposed transmission line is planned to be located in a disturbed corridor adjacent in an existing electric line corridor, thus minimizing proliferation. It will utilize portions of existing essential service corridors and easements. This will reduce impacts to the character of the area as compared to adding a new corridor. Over a portion of the route, the project will consolidate essential service use by co -locating an existing electrical line onto the new structures. (12) Will meet standards prescribed for certain uses as provided in this article. Xcel Energy will continue to meet with and comply with prescribed standards set forth by the City of Chanhassen to build and operate a successful and sustainable electrical transmission project. Exhibits I 4 -° --" 115kV Transmission line to Lake Hazeltine Sub N L."nd Ch.sOlCh.nh...en. MN A i� Feel . u Soo —Appre.IT..P.�nhuMnLn. Existing Conditions ..ppn.lm.i. n.mm..un.lrx ,q q,, Exhibit t- 0 XGWEI rW- TNI so..m. B10( C,. rk 5u,1,1,— NItV ar Aree Map Nemepm Prof Are cn..0 T cNee.•.e Q, li� • W. • )JI• V � • l y t , v soos Legend 115kV Transmission line to Lake Hazeltine Sub N Parcels b Feat CI CMIWChenhxssen MN o too Existing Overhead Electrical Infrastructure Y City Existing Conditions - Approximate Transmission Line Chanhassen Exhibit 1- 1 X r�lE/}Ql'gj/e —Approximate Distribution Line Chaska �f� N G1�c .0 x CmU w �xa m C O w 01 Y J O d s� O C i d Breeder Area Map Man"pin •' rr-'ter i , Proled Area / •• • In . �� J swtt lee ar • • •, 1 11r, is ...y. ... ! N Le end 115kV Transmission line to Lake Hazeltine Sub `d r°°' Parcels b City Chaeka/Chanhaaeen, MN o ,00 Existing Overhead Electrical Infrastructure Y Y Existing Conditions -. Approximate Transmission Line Chanhassen xCA�El1@!�• — Approximate Distribution Line Chaska Exhibit 1- 3 N i�F., Legend I IRV Transmission Ine o a e A o 100 Existing Overhead Electrical Infrastructure Parcels by City sting �C on ditto M Existing Conditions Approximate Transmission Line Chanhassen Exhibit 1- 4 E/je►� —Approximate Distribution Line Chaska 1' t L k Hazeltine Sub N r` r ri 1 1a, 4(. I Broader Area Map Hennepin projeArea C w4a 9CW1 N Fee, Legend o 100 Existing Overhead Electrical Infrastructure Parcels by -. Approximate Transmission Line Cha XMIEnemye — Approximate Distribution Line Chas P. .�. r I. a l p- n � iiF A 115kV Transmission line to Lake Hazeltine Sub GaakalCaanha,gen, MN City Existing Conditions nhassen Exhibit 1- 7 ka 14. C' 44 4 r � ♦ - � r Cale.:,• � -.. f ...�i iy }' ....• I Broader Area Map Hennepin Prolacl Are / v e Scull N �Fe 1 Legend 115kV Transmission Ina o Lake Hazeltine AMN Parcels b City sting Con ditto, s o loo Existing Overhead Electrical Infrastructure Y b Existing Conditions r. Approximate Transmission Line Chanhassen Exhibit 1- 8 jr MIEMrgy_ —Approximate Distribution Line Chaska N Legeno •—•-- -------------- 9 N AFeel card light of MN o soo Proposed Transmission-CL Proposed Transmission Line and Right of Way /�7 v IN.7 G lCnerW. Proposed Transmission -ROW Exhibit 2-0 Proposed Structure Broader A..Map Hennepin P,.JieW AAre.e yJ !) CXawCluN�wwn 2•y Stull mi., 7 'L_I �+ N ial?�Feei Legend 115kV Transmission line to Lake Hazeltine Sub A ChaMalChanheeeen. MN B 100 Proposed Transmission-CL Parcels by City Proposed Conditions lCos/Ene Proposed Transmission -ROW Chanhassen Exhibit 2-1 Proposed Structure Chaska - l .i 116 R VI,% PROURTIESjLLC IhIF"IN( '. Broader Area Map Hennepin Project Ares H i� Feet A a 100 XcWE rW' Scott � Legend Proposed Transmission-CL Proposed Transmission -ROW Proposed Structure Parcels by City Chanhassen Chaska '"< ` Oil I, .I .. �.�rz� C U 1. B lI 115kV Transmission line to Lake Hazeltine Sub ChaekelChanhassen, MN Proposed Conditions Exhibit 2-2 V.4 a t i Via. a Broader Area Map aannepin r`lC Cl 01 . spoil— ,N �ra,l Legend 115kV Transmission line to Lake Hazeltine Sub A o too Proposed Transmission-CL Parcels by City posed Condition on this onS Proposed Conditions ,• Proposed Transmission -ROW Chanhassen AvoEnerWfrExhibit 2-3 Proposed Structure Chaska I N � Fa-t A 0 1w 7 Xcel Energy' Legend Proposed Transmission-CL Proposed Transmission -ROW Proposed Structure Parcels by City Chanhassen Chaska 117RV Chneka/Chnnh.,se., MN Proposed Conditions Exhibit 2-6 N I� Feel A 0 100 LXcel EmrW' Legend Proposed Transmission-CL Parcels by City Proposed Transmission -ROW Chanhassen Structure Chaska 1 IDKV I Id11b111I9ZIV11 IIIIC Iv Hazeltine Sub ChaskalChanhaexn, MN Proposed Conditions Exhibit 2-7 saw 4 y C yy y ik Lr4r N nlnnr aoNr 1 soda I I BmsderArsa Map Nennapin Project Ana seem N Legend A i� Feet o t� Proposed Transmission-CL Parcels by City�. Proposed Transmission -ROW Chanhassen Pr000sed Structure Chaska 115kV Transmission line to Lake Hazeltine Sub Chaska/Chanhassen, MN Proposed Conditions Exhibit 2-8 N - A � F fr CM1esk Right W y o s� Legend Proposes Transmisslon� Wetlands 8 Proposed Transmission Line and Right of Way J/ NWI Wetlands Proposed T-ROW Exhibit 3-0 r 'E/1@!�/� DNR PWI Wetlands Proposed Structure N A60M==j F..I Legend Proposed Transmission-CL 0 100 �/ NWI Wetlands Proposed T-ROW AWI EMrW* DNR PWI Wetlands Proposed Structure IIIII ism 5kV Transmission line to Lake Hazeltine Sul Cheek./Chenhenxn. M Wetlands & Proposed Transmission Line and Right of We Exhibit 3- 1 I f 1 Are j3$@ yc� p r t CUB x � lbW Va Nom C J Y � N N J 0 m d ! C r O O O a y .0 N in c N N C L Y N r N A� F1,1 Legend Proposed Transmission-CL o too NWI Wetlands Proposed T-ROW �/ .I. ,Energy. DNR PWI Wetlands Proposed structure ivy PF U'✓rl 1 ' I � '7 oll 115kV Transmission line to Lake Hazeltine Sub Chaska/Chanhassen, MN Wetlands & Proposed Transmission Line and Right of Way Exhibit 3- 3 AaYi � N A6MM=Zzl Fa., a IN XcWEnerW* Legend NWI Wetlands DNR PWI Wetlands Proposed Transmission-CL Proposed T-ROW Proposed Structure r Mk1y& ail! , ., - -J Transmission line to Lake Hazeltine Sub Chaska/Chanhaaaen, MN Wetlands & Proposed Transmission Line and Right of Way Exhibit 3- 4 N I IJI�Y I IOIIJIIIIJJIVn 1•••a• av a_a. •... �•�•s•••� �-- Chaska/Chenhaaaen, MN A� Fee1 Legend Proposed Transmission-CL o too Wetlands 8 Proposed Transmission Line and Right of Way NWI Wetlands Proposed T-ROW XceIEne►W* DNR PWI Wetlands p Exhibit 3- 5 Pro osetl Structure }o \ ®t$ f . LLI $\3 ! ..| \ k E o k \ 0 2 ƒ ; _ | 2 f k § _ > � P FL 000 -!\ � )\ (k : ,.. <* : Ilk — � z ! cu A�� Legend Proposed Transmission-CL Wetlands & Proposed Transmission Line and Right of Way X/ NWI Wetlands Proposed T-ROW Exhibit 3- 7 7I Eier� DNR PWI Wetlands Proposed Structure N - - - Cheeke/Chanheeeen, MN A6��n^� Legend Proposed Transmission-Ct Wetlands 8 Proposed Transmission Line and Right of Way NWI Wetlands Proposed T-ROW XCaEnerW DNR PWI Wetlands Exhibit 3-8 Proposed Structure Exhibit 4-1 Structure Elevation View r- AMO CU." VNG-ARMAE-1 (TYP) a _ AR"AV-CUS-5 1-i 2 ra q 0 pi t~ I b LYE 197M 61004.19 IT INNIm' VNLYARM-DE-1 (rYP) RLS HND-i mp) - DID-PADAMA-1 (TYoI PLT-NAM-SMAn AS REQUIRED LINE 5570 BLC-LHZ GND-LPS 2 (TY°) 3 3 VI—GND-PAD-MW-1 PLr-NAM-tAR-1 3 0 A 3 0 L K Exhibit 4•2 Structure Elevation View r Z Exhibit 4-3 Structure Elevation View South View From the NW Quadrant of Lyman Boulevard and Audubon Road - 1 e = = � �wo S sroass tqy 1 o-so-oass'w" � v. c oersw. si K \\IA sa Jp 4 \�} \: scar♦ — u _ R � 9e N �.4 w Ifil I IL w e ; i 0 i t° I I i 4i, ? _ 'JO .nran.m l 1 ~�� 111 OOY { All r i gwrrnm .rua.Yi � - oYor�au I ___I • � YeYm.m e R • j e r ^{rJU� Je d l w N l� Feet Legend r IJAr r rprr�rr ��y w rr"v �ChaskalChanhassen, MN N o soo Proposed Transmission-CL Carver Co. Parcels W/I 500 ft Buffer of Proposed Transmission ROW /-] v .C. Proposed Transmission -ROW IW7l Gnemy+ Exhibit A Proposed Structure 500 ft. ROW Buffer .QZ d d U) y O `w d C `y 0 m 9 KMNcc V Q m K O llv y L R E w d e' �y •� 13 C ca rr H $ LO 0 w^° a m � u 6 00 d 1 4 e e 9 LL g � W ` s k P P Appendices CITY OF C HANHASSE N Chanhassen is a Community for Life -Providing forToday and Planning for Tomorrow September 26, 2017 Mayor Mark Windschid Chaska City Council Chaska City Hall One City Hall Plaza Chaska, MN 55318 Honorable Mayor Windschitl: The City of Chanhassen understands that Xcel Energy, Inc. will make application with the cities of Chaska and Chanhassen for local permitting of a high voltage transmission line route permit, pursuant to M.S. 216E05. The 1.5-mile I I5kV electrical transmission line project extends from an existing transmission structure at the intersection of Lyman Boulevard and Audubon Road. It then follows the west side of Lyman Boulevard to the Twin Cities and Western Railroad Company tracks and follows the south side of the tracks until it crosses over to connect into the Lake Hazeltine Substation located on Columbia Court North. Minnesota Rule 7850.5300 stipulates that this local permitting process include environmental review conducted by the Responsible Governmental Unit (RGU) in the form of an Environmental Assessment (EA). Because a single EA is to be prepared to support the permitting effort, projects that span multiple jurisdictions can agree on one entity assuming the lead role in its preparation. Based on discussions with staff, the City of Chaska will assume this lead role. The City of Chanhassen hereby agrees that the City of Chaska can proceed as the Responsible Governmental Unit for preparation of the EA. Further, the City of Chanhassen conveys this agreement via this letter to the City of Chaska and the Public Utilities Commission (PUC). Sincerely, ,�C� Denny Lau fenburger Mayor DL:ktm g:radminVglxccl energy trammission line\rgu - chan to cMska for Igu xcel transmission 09-26-2017.docx PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Appendix B AI-Jaff, Sharmeen From: Sullivan, Brian E <Brian.E.Sullivan@xcelenergy.com> Sent: Wednesday, May 2, 2018 4:24 PM To: Tom Braman; AI-Jaff, Sharmeen Cc: Eric Hansen Subject: RE: Xcel Energy Chanhassen Conditional Use Permit (CUP) request with attached CUP application for the 115 kV Transmission line from Chanhassen to Lake Hazeltine Substation in Chaska Sharmeen, Xcel Energy gives notice that we are withdrawing our Conditional Use Application for the 115kV Transmission Line from Chanhassen to the Lake Hazeltine substation and plan to resubmit on May 4tb, 2018. Thank you for your consideration. Brian Sullivan Xcel Energy P: 612.330.5925 C: 612.366.0234 F: 612.329.3096 E: Brian.E.Sullivan@xcelenergy.com This e-mail, and any attachments, may contain confidential or private material for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply mail and delete all copies of this message and any attachments. From: Tom Braman[mailto:Tom.Braman@westwoodps.com] Sent: Wednesday, May 02, 2018 10:14 AM To: AI-Jaff, Sharmeen Cc: Sullivan, Brian E; Eric Hansen Subject: Xcel Energy Chanhassen Conditional Use Permit (CUP) request with attached CUP application for the 115 kV Transmission line from Chanhassen to Lake Hazeltine Substation in Chaska XCEL ENERGY SECURITY NOTICE: This email originated from an external sender. Exercise caution before clicking on any links or attachments and consider whether you know the sender. For more information please visit the Phishing page on XoressNET. Dear Sharmeen, For the subject action please receive for conditional use permit review and approval to the City of Chanhassen the following: I attached four documents that comprise the Conditional Use Permit Application for Xcel Energy for the 115 kV Transmission line from Chanhassen to the Lake Hazeltine Substation in Chaska. The attached documents include: 1. The Conditional Use Permit Application form for the 115 kV transmission line from Chanhassen to the Lake Hazeltine Substation in Chaska. 2. The narrative for the permit application: Chanhassen CUP application document 3-22-18 from cloud RFS.pdf (this document was submitted to you earlier for review via Westwood Cloud https://cloud westwoodps com/owncloud/index php/s/lBrcAHbn3x2ebdJ on 3-22-2018) 3. Two court documents. According to Xcel's attorney: The Findings, Conclusions, and Order, along with the Notice of Quick -Take Deposit, are what show we've obtained and complied with the Court's Order to obtain title and possession of an interest in the lands. a. 2018-04-20 Filing Letter Notice of Quick -Take Deposit Affidavit of service... b. 2018-04-2 Notice of Findings of Fact, Conclusions of Law... The Xcel Energy Attorney for this is: Patrick D.J. Mahlberg Fredrikson & Byron, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402-1425 Direct Dial: 612.492.7419 Phone:612.492.7000 Fax: 612.492.7077 I have a check that I will mail to you for the fees shown on the attached application form. If you need hard copies of the documents, let me know how many you need and in what size and form of binding and I will prepare them for you. Regarding your question about the subject project, an Environmental Assessment (EA) was required, not an EAW. It was prepared and submitted to the City of Chaska for review and approval. We assume it will be on the next Chaska City Council meeting agenda. Assuming approval, according to the Minnesota Public Utilities Commission, it would then be public noticed in the EQB monitor for 10 days and would then be final. Please let Brian Sullivan or me know as soon as possible if this application is incomplete so we can remedy it. Kind regards, Tom Braman SENIOR ENVIRONMENTAL SCIENTIST tom.braman@westwoodps.com Direct (952) 906-7447 Main (952) 937-5150 Cell (952) 240-6226 Fax (952)937-5822 Westwood Multi -Disciplined Surveying & Engineering 12701 Whitewater Drive, Suite 3001 Minnetonka, MN 55343 westwoodps.com (888)937-5150 From: AI-Jaff, Sharmeen [mailto:SAI-Jaff@ci.chanhassen.mn.us] Sent: Tuesday, May 01, 2018 3:18 PM To: Tom Braman <Tom. Braman Cnlwestwoocips.COm> Subject: RE: Xcel Energy CUP for the Transmission line to Lake Hazeltine Substation Hi Tom, The next submittal date is this upcoming Friday. Please click on this link for a complete timeline. Do you have the court order that permits you to submit the application and do the work on private property? Please attach a copy of the court order with your application at the time of submittal. How is the EAW progressing? Have you heard of a definite timeline for its approval? Sincerely, Sharmeen AI-Jaff �Senior Planner O. CITY OF CHANHASSEN PH. 952.227.1134 FX. 952.227.1110 www.ci.chanhassen.mn.us rt w From: Tom Braman Imailto:Tom BramanCdwestwoodps.coml Sent: Tuesday, May 1, 2018 1:26 PM To: AI-Jaff, Sharmeen <SAI-Jaff@ci.chanhassen.mn.us> Subject: Xcel Energy CUP for the Transmission line to Lake Hazeltine Substation Sharmeen, It is Xcel's desire to submit the transmission line CUP application now. Can you tell me how many copies of the CUP application the city needs and the binding preference? Kind regards, Tom Braman SENIOR ENVIRONMENTAL SCIENTIST tom. braman@westwoodps.com Direct (952) 906-7447 Main (952) 937-5150 Cell (952) 240-6226 Fax (952)937-5822 Westwood Multi -Disciplined Surveying & Engineering 12701 Whitewater Drive, Suite 300 1 Minnetonka, MN 55343 westwoodps.com (888)937-5150 XCEL ENERGY SECURITY NOTICE This email originated from an external sender. Exercise caution before clicking on any links or attachments and consider whether you know the sender. For more information please visit the Phishing page on XoressNET. CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 05/04/2018 3:33 PM Receipt No. 00376840 CLERK: AshleyM PAYEE: Westwood Professional Services 7699 Anagram Drive Eden Prairie MN 55344- Transmission Line at Audubon & Lyman- Xcel Energy ------------------------------------------------------- Use & Variance 425.00 Total Cash Check 161320 Change 425.00 0.00 425.00 0.00 Electronically Served 4/20/2018 10:03 AM Carver County, MN 4120/20189:54AMScanned bfQa ountyCourtAdministration State of Minnesota District Court Carver County First District Court File Number: 10-CV-18-73 FILED Case Type: Condemnation APR SD NiS Notice of Filing of Order FILE COPY CApygRCOUNTY COURTS Northern States Power Company (d/b/a Xcel Energy), a Minnesota Corporation, by its Board of Directors, Vs.Chaska Hazeltine Investors, LLC, a Delware limited liability company;City of Chaska;Beckman Coulter,Inc., a Delaware corporation; f/k/a Greenwich Capital Financial Products, Inc,; Midcountry Bank, a Federal Savings Bank; State of Minnesota; RAS Properties- Chaska, LLC, a Minnesota limited Liability et al. You are notified that an order was filed on this date. Dated: April 20, 2018 Mary P. Dalbec Court Administrator Carver County District Court 604 East Fourth Street Chaska Minnesota 55318 952-361-1420 cc: City of Chaska Beckman Coulter, Inc. RBS Financial Products, Inc., Vida Greenwich Capital Financial Products, Inc. Midcountry Bank State of Minnesota RAS Properties Chaska, LLC OSM-LOR, LLC Cheryl Stinski, Personal Representative of the Estate of Roland Audley Stinski Cheryl L. Stinski FIRST FARMERS & MERCHANTS NATIONAL BANK RAS Properties McKinley, LLC Lois R. Degler, Trustee Gayle O. Degler, Trustees Lois J. Degler, Trustee City of Chanhassen Carver County PATRICK DONALD JOHANNECK MAHLBERG CHRISTOPHER S HAYHOE WILLIAM E FLYNN MNCIS-CIV-139 STATE Notice of Filing of Order Rev. 09/2013 10-CV-18-73 _-- -- -- A true and correct copy of this notice has been served pursuant to Minnesota Rules of Civil Procedure, Rule 77.04. MNOS-OV-139 STATE Notice of Ring of Order ftev. 09/2013 Electronically served 4/20/2018 10:03 AM Carver County, MN 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN STATE OF MINNESOTA COUNTY OF CARVER DISTRICT COURT FIRST JUDICIAL DISTRICT ---------------------------------------------------- Northem States Power Company (d/b/a Xcel Case Type: Condemnation Energy), a Minnesota corporation, by its Board of Directors, Court File No.10-CV-18-73 Petitioner, VS. Chaska Hazeltine Investors, LLC, a Delaware limited liability company; City of Chaska; Beckman Coulter, Inc., a Delaware corporation; RBS Financial Products, Inc., a Delaware corporation, f/k/a Greenwich Capital Financial Products, Inc.; Midcountry Bank, a Federal Savings Bank; State of Minnesota; RAS Properties - Chaska, LLC, a Minnesota limited liability company; Magellan Pipeline Company, L.P., a Delaware limited partnership, f/k/a Williams Brothers Pipe Line Company; OSM-LOR, LLC, a Minnesota limited liability company; Cheryl Stinski as Personal Representative of the Estate of Roland Audley Stinski a/k/a Roland A. Stinski; Cheryl L. Stinski a/k/a Cheryl Stinski; First Farmers & Merchants National Bank, a national bank; RAS Properties - McKinley, LLC, a Minnesota limited liability company; Lois R. Degler, as Trustee of the Lois R. Degler Trust Gayle O. Degler and Lois J. Degler, as Trustees of the Gayle O. Degler Revocable Trust, u/a/d April 11,1997, as amended; City of Chanhassen; and Carver County, Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER GRANTING PETITION, QUICK -TAKE MOTION, AND REGARDING COMMISSIONERS IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN CARVER COUNTY, STATE OF MINNESOTA, FOR ELECTRIC TRANSMISSION LINE PURPOSES ---------------------------------------------------- 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN The above -captioned action came on for hearing before the Honorable Michael D. Wentzell, on April 17, 2018, on Petitioner's Petition, its Motion for an Order Granting Petition, and its Motion for an Order Transferring Title and Possession pursuant to Minn. Stat. § 117.042. Petitioner appeared by its attorney, Patrick D.J. Mahlberg, Fredrikson & Byron, P.A., 200 South Sixth Street, Suite 4000, Minneapolis, Minnesota 55402-1425. Respondent Chaska Hazeltine Investors, LLC ("CHI") appeared by its attorney, Christopher S. Hayhoe, Felhaber Larson, 220 South Sixth Street, Suite 2200, Minneapolis, Minnesota 55402. Respondent CHI is the fee owner of the land designated as Parcel 3 in this action No objections were received prior to the hearing and no other appearances were made at the hearing. Certain stipulations and/or agreements were reached prior to the hearing with non -fee interest holders in each of the parcels at issue, which stipulations and/or agreements are reflected herein Consequently, no objection or appearance was made on behalf of the fee owners or any other party owning an interest in the lands designated as Parcel 6 or Parcel 10 in this action Prior to the hearing, Petitioner submitted a proposed Findings of Fact, Conclusions of Law, and Order Granting Petition, Quick -Take Motion, and Regarding Commissioners, an amended proposed Findings of Fact, Conclusions of Law, and Order Granting Petition, 10-CV-18-73 Filed in First Judicial District Court 4/19120184:22 PM Carver County, MN Quick -Take Motion, and Regarding Commissioners, and Petitioner's Memorandum with Supporting Authority for the Exercise of Eminent Domain Petitioner, through its counsel, appeared at the hearing prepared to offer testimony through company witnesses Benjamin Gallay and Brian Sullivan, as well as through Andrew Romine from the City of Chaska. In lieu of offering that testimony, the parties, through their counsel, agreed that Petitioner's counsel would present argument in support of its Petition and Quick -Take Motion, referencing facts as alleged in the Petition or that would be elicited through testimony. Respondent CHI's counsel would offer argument as well. Respondent CHI's counsel agreed that, if there were any dispute about the facts offered by Petitioner, that counsel would raise them and then testimony could then be obtained. With this stipulation made, the parties also stipulated to the admission of four exhibits offered by Petitioner, as follows: • Exhibit 1- Aerial Map Depicting the Project and certain other information; • Exhibit 2 - Survey Sketch Depicting and Describing the Easement Area across Parcel3; • Exhibit 3 - Survey Sketch Depicting and Describing the Easement Area across Parcel 6; and • Exhibit 4 - Survey Sketch Depicting and Describing the Easement Area across Parcel 10. Petitioner and Respondent CHI then proceeded to make their arguments regarding Petitioner's Petition and Quick -Take Motion No request for additional testimony was made by Respondent CHI. Respondent CHI's counsel did not raise any material dispute as to the facts as recited in the hearing or set forth in the Petition At the conclusion of the hearing, the Court directed Petitioner and Respondent CHI to submit 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN proposed findings, conclusions of law, and order(s) on April 18, 2018. On April 18, 2018, the Court received those proposed findings, conclusions of law, and order(s) from Petitioner and Respondent CHI, respectively. Having heard the evidence adduced at the hearing and the arguments of counsel, and based on all the files and records herein, the Court makes the following Findings of Fact, Conclusions of Law, and Order Granting Petition, Quick -Take Motion, and Regarding Commissioners: FINDINGS OF FACT 1. Petitioner Northern States Power Company (d/b/a Xcel Energy) is a corporation duly organized and existing under the laws of the state of Minnesota. This proceeding is taken in Petitioner's corporate name by its Board of Directors, its governing ... 2. Petitioner is a public utility and public service corporation duly organized, created, and existing under and by virtue of the laws of the state of Minnesota, having its principal place of business at Minneapolis, Hennepin County, Minnesota, for the purposes, among others, of generating, transmitting, and supplying electric power and energy for public use. 3. In the conduct of its business, Petitioner maintains and operates numerous generating plants, electric substation facilities, and an extensive transmission and distribution system for the generation, transmission, and supply of electric power and energy for public use. 4 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN 4. In furtherance of its business of generating, transmitting, and supplying electric power and energy to the public, Petitioner seeks to acquire certain real property rights for use in connection with the construction of approximately 1.5 miles of new 115 kilovolt ("kV") transmission line (Line #5570) and associated facilities (collectively, the "Facilities") in Carver County (the "Project"). The Project is generally depicted on Exhibit 1 and the particular Easement Areas are set forth in Exhibits 2, 3. and 4. respectively. 5. The Project is required in order to serve a new substation, which is needed to provide increased reliability of electric service in the City of Chaska and will reduce overloads on neighboring lines and transformers. The City of Chaska provides electric distribution service, but does not have its own transmission facilities. As a result, the City of Chaska needs an electric transmission provider to deliver adequate power to its 115 kV substation. As shown on Exhibit 1, the City of Chaska selected a location for its new substation that is west of Respondent CI -Ws parcel and west of an existing railroad corridor. 6. The City of Chaska and Petitioner engaged in discussions and reached an agreement whereby Petitioner would provide adequate electricity to the City of Chaska's new substation. In order to provide that electricity, Petitioner examined ways to connect the City of Chaska's new substation to Petitioners existing 115 kV level facilities. Petitioner determined that a new 115 kV transmission line between the City of Chaska's new substation and an interconnection point near the intersection of Lyman Boulevard 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN and County Road 15 was reasonably necessary and convenient to accomplish its goals and obligations. The location of that interconnection point is shown on Exhibit 1. 8. Petitioner then considered options for routing the new transmission line between the City of Chaska's new substation and the interconnection point. Petitioner considered multiple factors in determining its route, ultimately settling on the route that is generally depicted on Exhibit 1. In somewhat general terms, this route travels west from the City of Chaska's new substation to the east side of an existing railroad corridor, then follows that corridor in a northeasterly direction to the southerly border of Lyman Boulevard, than travels along the south side of Lyman Boulevard to the designated interconnection point. 9. Respondent CHI owns property that is east of the railroad corridor at the point where the Project crosses over that corridor. Respondent CHI did not file written objections prior to or at the hearing. At the hearing, Respondent CHI did not object to the public purpose of the Project or contest Petitioner's right to exercise the right of eminent domain to acquire easements necessary for construction of the Project, but rather asserted that the transmission line should be routed along the west side of the railroad corridor or at least not on Respondent CHI's property. Respondent CHI did not present any additional evidence. 10. The Project and the Facilities are necessary and serve a public purpose, including the transmission of electric power and energy to the public. 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN 11. Minn. Stat §§ 216E.12, 222.36, and 30113.02 grant Petitioner the right to acquire real property for the purposes stated herein by exercise of the power of eminent domain, in the warmer prescribed by Minn Stat Ch.117. 12. On January 22, 2018, Petitioner initiated the above -captioned action by filing its Petition with the Carver County Court Administrator. 13. To accomplish the foregoing public use and purpose of constructing the Project and the Facilities, it is reasonably necessary and convenient for Petitioner to acquire by exercise of the power of eminent domain perpetual easements and rights -of - way to survey, construct, operate, maintain, use, upgrade, rebuild, relocate and/or remove a transmission line facility with one or more circuits, with all towers, structures, poles, foundations, crossanms, cables, wires, guys, supports, counterpoises, fixtures, and equipment related to said transmission line facility, together with communication equipment relating to the operation of such transmission line facility through, over, under, and across the real property described in Exhibit A to the Petition. The easement rights to be acquired by Petitioner are specifically described in Exhibit B to the Petition 14. The owners and occupants of the property described in Exhibit A to the Petition shall have the full use and enjoyment of the easement areas and rights -of -way, so long as said use and enjoyment is consistent with Petitioner's rights as set forth in Exhibit B to the Petition, which, in addition to describing the easement rights to be acquired, also describes and defines the owners' rights to use and enjoy the easement areas and rights -of -way. 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN 15. Petitioner has complied with all applicable requirements of Minn Stat. Ch.117. 16. The legal description of the property affected by the taking ("Property") and the names of those appearing of record or known to Petitioner to be the owners of said Property or interested therein, including all whom Petitioner has, by investigation and inquiry, been able to discover, together with the nature of the ownership of each, as ascertained by Petitioner, are set forth in Exhibit A to the Petition. 17. Petitioner, by resolution of its governing body, has authorized the acquisition of the Property described in said Exhibit A to the Petition by the exercise of its rights of eminent domain, including the use of the "quick -take" provision of Minn Stat. § 117.042. 18. Notice of the objects of the Petition and the Quick -Take Motion, as well as of the time and place of presenting the same, was duly and timely served on Respondents, as indicated in the proof of service that has been filed in the office of the Carver County Court Administrator. 19. Notice of Petitioner's intent to take title to and possession of the Property described in Exhibit A to the Petition pursuant to Minn. Stat. § 117.042, was duly and timely served on Respondents, as indicated in the proof of service that has been filed in the office of the Carver County Court Administrator. 20. Pursuant to Minn. Stat. § 117.042, Petitioner needs to acquire title to and possession of the Property prior to the time the Court -appointed condemnation commissioners can reasonably be expected to have filed their award. 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN 21. The Property to be acquired through this proceeding is located in Carver County, Minnesota. 22. As to Parcel 3, prior to the hearing on Petition, the State of Minnesota, Department of Natural Resources, confirmed its rights in all that portion of the land lying below the natural ordinary high watermark of Hazeltine Lake as the same affects Parcel 3. Petitioner will acquire its easement interest through, over, and across Parcel 3, subject to the proprietary and sovereign rights of the State of Minnesota in all that portion of the easement area lying below the natural ordinary high watermark of Hazeltine Lake; not intending, however, to deprive the fee owners of the usual riparian rights that attach to the land riparian to a navigable public body of water incident to the ownership thereof. 23. As to Parcel 6, Petitioner and Magellan Pipeline Company, L.P. ("Magellan') are currently in the process of negotiation of an agreement with regard to their respective easement rights and obligations and the terms and conditions under which Petitioners HVTL shall cross the existing easements and right-of-way of Magellan, including determination of appropriate mitigative measures. 24. To provide Petitioner and Magellan with additional time to negotiate an agreement that will govern the relationship between Petitioner's HVTL and Magellan's pipeline, the hearing on the Petition and quick -take motion, as they relate to Magellan's interests, including interest in Parcel 6 (PID No. 30.5190030), is continued until a date to be determined by the Court if the parties are unable to reach an agreement. 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN 25. The Court excludes from this Order any finding or ruling as to the public interest and necessity of Petitioner taking with respect to the property rights of Magellan In the event that Petitioner and Magellan are unable to reach agreement and notify the Court accordingly, the Court will schedule a date for a continued hearing, during which Petitioner and Magellan shall be permitted to present evidence regarding the public interest and necessity for any taking of Magellan's interests in the property described in the Petition, and Magellan shall be allowed to make any objection to the Petition and quick -take motion that could have been made at the hearing originally scheduled for April 17, 2018. 26. Counsel for Petitioner and Magellan shall notify the Court promptly if an agreement is reached. 27. As to Parcel 10, Petitioner and the City of Chanhassen have agreed that Petitioner's easement interest shall be subject to the road right-of-way interests held by the City of Chanhassen hi other words, this Order does not subordinate the City of Chanhassen's rights in Parcel 10 to the easement rights Petitioner has acquired hereby. CONCLUSIONS OF LAW 1. The Court has jurisdiction and authority to hear the matters Petitioner has brought herein pursuant to Minn Stat Ch.117. 2. Petitioner is a public service corporation, Minn Stat § 117.025, subd.10, and possesses the right of eminent domain and has properly exercised the same herein Among other enabling statutes, the Minnesota legislature has provided that, ' [a]ny public service corporation shall have the right to obtain by condemnation, under the 10 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN power of eminent domain, any land, or any right over, through, or across the same, or any easement therein, necessary for the convenient prosecution of its enterprise." Minn. Stat. § 222.36 (emphasis added)? 3. The Court's review of a condemnation Petition is limited. While a condemning authority must show necessity, "[t]he requisite necessity is not absolute necessity. It is enough to find that the proposed taking is reasonably necessary or convenient for the furtherance of a proper purpose." City of Duluth v. State, 390 N.W.2d 757, 764-65 (Minn 1986). In examining a determination of necessity, "a court [is] precluded from substituting its own judgment for that of the condemnor." Id. at 764. Even where evidence is offered against the public use or necessity of a taking, "[t]he couies limited scope of review would only allow the condemnor's decision to be overturned if it were arbitrary, unreasonable, or capricious, or [if] the evidence against the necessity or public use is overwhelming." Id. at 764 (quotation omitted) (emphasis in original). In reviewing a condemnation petition, great weight is given to the condemning authority's decisions: Great weight must be given to the determination of the condemning authority, and the scope of review is narrowly limited. If it appears that the record contains some evidence, however informal, that the taking serves a public purpose, there is nothing left for the courts to pass upon Courts may only interfere when the [condemning authority�s] actions are manifestly arbitrary or unreasonable. t As set forth above, Respondent CHI concedes that Petitioner has the power of eminent domain and that the Project is for a public purpose and necessity. 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN Hous. & Redevelopment Auth. in & for City of Minneapolis v. Minneapolis Metro. Co.,104 N.W.2d 864,874 (Minn.1960). Accordingly, "courts should engage in an extremely narrow review of a condemnation petition." Itasca Cnty. v. Carpenter, 602 N.W.2d 887, 889 (Minn. Ct. App.1999) (quotation omitted). 4. This "extremely narrow' judicial review also extends to the determination of the particular property or property rights to be acquired. See Metropolitan Sezoer Board v. Thiss, 200 N.W.2d 396, 397 (Minn.1972). As the Thiss Court stated: Th[e Minnesota Supreme Court has always held that the propriety of the exercise of eminent domain is a legislative question. The judicial issue is whether the condemning authority acted arbitrarily and in disregard of the best interests of the public, or upon an erroneous theory of the law, or whether the evidence is practically conclusive against the authority. There need be no showing of absolute necessity, and the mere suggestion of possible alternatives does not, in itself, support a finding of arbitrariness. Id.; see also, e.g., State ex rel. Comm'r of Transp. v. Kettleson, 801 N.W.2d 160,164 (Minn. 2011) ("The details involved in road construction are details relating to necessity that are subject to limited judicial review."); see also Housing & Redev. Auth.,104 N.W.2d at 874 ("The court is precluded from substituting its own judgment for that of the [condemning authority] as to what may be necessary and proper to carry out the purpose of the plan We do not understand that it is the function of the court to decide between conflicting opinions of the parties as to the advisability of a discretionary act."); Lundell v. Coop. Power Assn, 707 N.W.2d 376,382 (Minn. 2006) (noting the condemning utility's broad discretion and upholding the utility's determination on the particular rights necessary to facilitate its electric transmission system). 12 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN 5. The takings described in the Petition are for a public use and purpose, are necessary, and are authorized by law. See Minn. Stat §§ 117.025, subds.10 and 11, 222.36, 30113.01, and 301B.02. 6. Petitioner has demonstrated that it is reasonably necessary and convenient for it to take the rights sought in the Petition and build the Project along the route generally depicted on Exhibit 1. As set forth in Petitioner's Petition and at the hearing, the Project, as proposed by Petitioner, is a well -supported exercise of Petitioner's power of eminent domain. Considering the great deference the Court must pay to the condemnor's function and discretion in seeking to condemn the rights described in the Petition for the Project, Petitioner has met its burdens. 7. It is reasonably necessary and convenient for Petitioner to acquire, for the purpose of constructing the Project and the Facilities, perpetual easements and rights -of - way to survey, construct, operate, maintain, use, upgrade, rebuild, relocate and/or remove a transmission line facility with one or more circuits, with all towers, structures, poles, foundations, crossarms, cables, wires, guys, supports, counterpoises, fixtures, and equipment related to said transmission line facility, together with communication equipment relating to the operation of such transmission line facility through, over, under, and across the property described in Exhibit A to the Petition. The easement rights to be acquired by Petitioner are specifically described in Exhibit B to the Petition 8. The owners and occupants of the property described in Exhibit A to the Petition shall have the full use and enjoyment of the easement areas and rights -of -way, so 13 to-CV-18-73 Filed in First Judicial District Court 4/1912018 4:22 PM Carver County, MN long as said use and enjoyment is consistent with Petitioners rights as set forth in Exhibit B to the Petition. 9. Respondent UW S objection to the Petition is respectfully denied. Respondent CI -Ws objection is not to the public purpose or necessity of the Project in general, but to the necessity of routing the Project across Respondent OV s lands, as opposed to the west side of the existing railroad corridor. Under Minnesota law, the mere suggestion by a landowner that a different route would be preferable for that landowner is not enough to defeat a condemnation Petition. Thiss, 200 N.W.2d at 397, see also Kettleson, 801 N.W.2d at 164; Housing & Redev. Auth.,104 N.W.2d at 874; Lundell, 707 N.W.2d at 382. Moreover, as set out at the hearing, the Petitioner considered different routes and factors, and exercised its discretion to select a route that crosses Parcel 3. Among other things, Petitioner considered that routing the Project to the west of the railroad corridor, as Respondent CHI would prefer, would require removal of a tree that contains a bald eagles nest. The deferential standard of review this Court must apply does not support this Court substituting its judgment for the reasoned consideration of Petitioner in selecting its preferred route. 10. The facts, particularly in light of the narrow standard of review, do not allow a conclusion that the Project, as described in the Petition including across Parcel 3, is an arbitrary, capricious, or unreasonable decision on Petitioner's part. 11. As to Parcel 3, Petitioner's easement interests shall be subject to the proprietary and sovereign rights of the State of Minnesota in all that portion of the easement area lying below the natural ordinary high watermark of Hazeltine Lake; not 14 10-CV-18-73 Filed in First Judicial District Court 4119/2018 4:22 PM Carver County, MN intending, however, to deprive the fee owners of the usual riparian rights that attach to the land riparian to a navigable public body of water incident to the ownership thereof. The foregoing shall be reflected in any Final Certificate filed in this action 12. As to Parcel 6, as set forth in the foregoing Findings of Fact, the Court excludes from this Order any finding or ruling as to the public interest and necessity of Petitioner's taking with respect to the property rights of Magellan. 13. As to Parcel 10, Petitioner's easement interests shall be subject to the City of Chanhassen's road right-of-way interests therein The foregoing shall be reflected in any Final Certificate filed in this action. 14. Petitioner possesses the right to utilize the "quick -take" provision of Minn. Stat. § 117.042, and has properly exercised the same herein 15. Petitioner has demonstrated a need to acquire title to and possession of the property necessary to construct the Project and the Facilities prior to the time the Court - appointed condemnation commissioners can reasonably be expected to have filed their award. Specifically, the Project is scheduled to be in-service before commissioners are expected to file their awards and this may happen only if Petitioner's quick -take motion is granted. 16. As set out above, the actions of the Petitioner herein are not arbitrary, capricious or an abuse of discretion. ORDER GRANTING PETITION IT IS ORDERED THAT the Petition in the above -captioned action is GRANTED. 15 10-CV-18-73 Filed in First Judicial District Court 4/19/2018 4:22 PM Carver County, MN ORDER GRANTING QUICK -TAKE MOTION TT IS FURTHER ORDERED THAT Petitioner's Quick -Take Motion is GRANTED. Therefore, pursuant to Minn. Stat. § 117.042, title to and possession of the easements described in the Petition shall vest in Petitioner on April 23, 2018, or the date on which Petitioner deposits with the Carver County Court Administrator, or pays to the owners, an amount equal to Petitioner's approved appraisal of value for the Property, whichever date is later. IT IS FURTHER ORDERED THAT Petitioner may pay directly to the Respondents or deposit with the Carver County Court Administrator, and the Carver County Court Administrator shall accept the deposit of, an amount equal to Petitioner's approved appraisal of value for the Property. The Carver County Court Administrator shall place the deposit in an interest -bearing account, in accordance with Minn Stat. § 117.042. ORDER REGARDING COMMISSIONERS IT IS FURTHER ORDERED that commissioners shall be appointed by separate order. The parties shall promptly confer regarding the appointment of Commissioners and provide the Court with a Stipulation regarding the same. If the parties are unable to reach an agreement regarding Commissioners, then by May 8, 2018, each party may propose a roster of Commissioners for the Courts consideration Dated: 4/19 2018 16 BY THE COURT: Wentzell, Michael Gj11W 2018.04.19 16:16:12 -05'00' Judge of District Court April 20, 2018 VIA FEDEx Carver County District Court 600 East Fourth Street Chaska, MN 55318 Fredrikson RE: Northern States Power Company (d/b/a Xcel Energy) vs. Chaska Hazeltine Investors, LLC, et al. Court File No. 10-CV-18-73 Our File No. 017963.0259 Dear Court Administrator. Enclosed for filing and deposit in the captioned condemnation action is our Notice of Quick - Take Deposit ("Notice"), together with Petitioner's three checks totaling $201,100. These checks represents Petitioner's quick -take deposit, made pursuant to Minn. Stat. § 117.042. The checks are to be deposited in an interest -bearing account for the benefit of Respondents with an interest in the parcels listed in the Notice. Also enclosed is a copy of Petitioner's Form W-9. By copy of this letter and enclosure, we are serving the Notice upon Respondents or their counsel, if any, and the Affidavit of Service by U.S. Mail is also enclosed for filing. Sincereelrly,,,__'' aV� -*JAfte. Patrick D.J. Mahlberg Attorney at Law Direct Dial: 612.492.7419 Email: pmahlberg@fredlaw.com PDJM:63812117 Enclosures cc: Attached Service List (w/enclosure) Attorneys & Advisors/ Fredrikson & Byron, P.A. main 612.492.7000 200 South Sixth Street, Suite 4000 fax 612.492.7077 Minneapolis, Minnesota www.fredlaw.com 55402-1425 MEMBER OF THE WORLD SERVICES GROUP / OFFICES A worldwideNetwork of Pro/essionel Service Provides Minneapolis / Bismarck / Des Moines / Fargo / Monterrey, Mexico I Shanghai, China STATE OF MINNESOTA COUNTY OF CARVER DISTRICT COURT FIRST JUDICIAL DISTRICT ---------------------------------------------------- Northern States Power Company (d/b/a Xcel Case Type: Condemnation Energy), a Minnesota corporation, by its Board of Directors, Court File No. 10-CV-18-73 Petitioner, VS. Chaska Hazeltine Investors, LLC, a Delaware limited liability company; City of Chaska; Beckman Coulter, Inc., a Delaware corporation; RBS Financial Products, Inc., a Delaware corporation, f/k/a Greenwich Capital Financial Products, Inc.; Midcountry Bank, a Federal Savings Bank; State of Minnesota; RAS Properties — Chaska, LLC, a Minnesota limited liability company; Magellan Pipeline Company, L.P., a Delaware limited partnership, f/k/a Williams Brothers Pipe Line Company; OSM-LOR, LLC, a Minnesota limited liability company; Cheryl Stinski as Personal Representative of the Estate of Roland Audley Stinski a/k/a Roland A. Stinski; Cheryl L. Stinski a/k/a Cheryl Stinski; First Farmers & Merchants National Bank, a national bank; RAS Properties — McKinley, LLC, a Minnesota limited liability company; Lois R. Degler, as Trustee of the Lois R. Degler Trust; Gayle O. Degler and Lois J. Degler, as Trustees of the Gayle O. Degler Revocable Trust, u/a/d April 11, 1997, as amended; City of Chanhassen; and Carver County, Respondents. NOTICE OF QUICK -TAKE DEPOSIT ---------------------------------------------------- IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN CARVER COUNTY, STATE OF MINNESOTA, FOR 115 kV TRANSMISSION LINE PURPOSES ---------------------------------------------------- TO ALL RESPONDENTS HEREIN AND THEIR COUNSEL OF RECORD: NSP/Chaska Hazeltine: Notice of Quick -Take Deposit 63761539 - Page I PLEASE TAKE NOTICE that, pursuant to Minn. Stat. § 117.042, and the Court's Order Granting Petition and Quick -Take Motion in the captioned condemnation action, Petitioner has deposited checks totaling $201,100.00 with the District Court Administrator for the taking affecting the parcels listed as follows: Parcel (Respondent) Deposit Parcel 3 (PID No. 30.5210010) $9,100.00 Chaska Hazeltine Investors, LLC, et al. Parcel 6 (PID No. 30.5190030) $157,000.00 RAS Properties — Chaska, LLC, et al. Parcel 10 (PID No. 30.0220100) $35,000.00 Lois R. Degler, as Trustee of the Lois R. Degler Trust, et al. Total Quick -Take Deposit $201,100.00 Dated: April 20, 2018 0PWou ^".— Patrick D.J. Mahlberg (# 388028) FREDRIKSON & BYRON, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402-1425 Telephone: (612) 492-7000 Email: pahlberg@fredlaw.com Attorneys for Petitioner NSP/Chaska Hazeltine: Notice of Quick -Take Deposit 63761539 - Page 2 Northern States Power Company, et al. v. Chaska Hazeltine Investors, LLC, et al. Court File No.: 10-CV-18-73 AFFIDAVIT OF SERVICE BY U.S MAIL STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Jennifer Bjorklund, being duly sworn on oath, deposes and states that on the 20th day of April, 2018, she served the attached: Notice of Quick -Take Deposit by placing true and correct copies in envelopes addressed to the Respondents on the attached Service List, and depositing the same, with postage prepaid, in the United States mail at Minneapolis, Minnesota. Subscribed and sworn to before me this 20th dray �of April, 2018. Gr�1� Notary Public 63810504.2 RACHELA. SUNDBERG NOTARY PUBLIC -MNNESOTA Z' My Commission Expires January 31, 2020 r • Northern States Power Company vs. Chaska Hazeltine Investors, LLC, et aL CARVER COUNTY Court File No. 10-CV-18-73 SERVICE LIST Chaska Hazeltine Investors, LLC Parcel 3 c/o CT Corporation System, Inc. 30.5210010 100 S 5 h Street, # 1075 Minneapolis, MN 55402 City of Chaska Parcel c/o Denise Wetzel, City Clerk 010 30.52100 Chaska City Hall Parcel Parcel 1 City Hall Plaza Chaska, MN 55318 Beckman Coulter, Inc. Parcel 3 c/o CT Corporation System, Inc. 30.5210010 1010 Dale Street N St. Paul, MN 55117-5603 RBS Financial Products, Inc. Parcel 3 c/o Corporation Service Company 30.5210010 2345 Rice Street, Suite 230 Roseville, MN 55113 Midcountry Bank Parcel 3 Parcel 7825 Washington Avenue S 30.5210010 Bloomington, MN 55439 State of Minnesota c/o Attorney General 3 Parcel 3 Parcel 1100 Bremer Tower 445 Minnesota Street St. Paul, MN 55101 RAS Properties — Chaska, LLC Parcel 6 c/o Patrick W. Fischer 30.5190030 3647 McKinley Street NE Minneapolis, MN 55418 Magellan Pipeline Company, L.P. Parcel 6 c/o CT Corporation System, Inc. 30.5190030 1010 Dale Street N St. Paul MN 55117-5603 OSM-LOR LLC Parcel 6 c/o National Registered Agents, Inc. 30.5190030 100 S 5th Street, Suite 1075 Minneapolis, MN 55402 Cheryl Stinski, Personal Representative Parcel6 Parcel 6 1612 Berne Circle NE Fridle , MN 55421 Cheryl L. Stinski Parcel 6 Parcel 6 1612 Berne Circle NE Fridley, MN 55421 First Farmers & Merchants National Parcel Bank 30.5190030 114 S Park Street Fairmont, MN 56031 RAS Properties — McKinley, LLC Parcel Parcel 6 6 3647 McKinley Street NE Minneapolis, MN 55418 63834285.1 Northern States Power Company vs. Chaska Hazeltine Investors, LLC, et aL CARVER COUNTY Court File No. lo-CV-18-73 SERVICE LIST i Lois R. Degler, Trustee Parcel 0 Parcel 100 9111 Audubon Road Chanhassen MN 55317 Gayle O. Degler, Trustee Parcel 1 Parcel 10 541 Pineview Court 00 Chanhassen, MN 55317 Lois J. Degler, Trustee Parcel 10 541 Pineview Court 30.0220100 en, MN 55317 anhassen Gerhardt, City Manager Parcel 1 Parcel ket Boulevard 00 47 MCounty en, MN 55317 ountyALL e Davies, Auditor/Treasurer 600 East 4th Street MN 55318 63834285.1 Xce1 Ewa Sa Wk" W. tf15 Fioargo Bay*, M.A. _. ��f 11050005w J bja X - Drive Van Wwt, OH 45691 `°'"'° ;-,z ws , "„� 1- y �.y = (ii' _ Date 0 4 / 13 / 18 Pay NINE THOUSAND ONE HUNDRED & 00/10&k'* *********************** DOLLARS VOID IF NOT CASHED IN 90 DAYS To The CARVER COUNTY DISTRICT COURT ADMINISTRATION Order 604 E 4TH ST Of CHASRA MN 55318 ^ 11011050005801I■ ::04 L 2038 241:960001269611a Payee Vendor ID Employee # CARVER COUNTY DISTRICT COURT ADNIMMMMM Y 00000000 Payment Ref Invoice No. PO/Contract 1900000668 SRLWI-18-101 Pymt.Comments: *RT: BRIAN SULLIVAN 414 FLOOR 6 Check No. Date 1105000680 04/13/18 Disc/Wth Pay Amount 0.00 $9100.00 15 24UM 1305 0 672374 Xce,EC y71 e nergy Xcei Enew Services Inc. d/6/a Xcel EneW s 4 Welk Fn6o Bank, NA. Y tg 115 Hospital Drava naF V yy�� OH 45891 ~ 1105000589 f1-301/sti 4 kwicoliet Nbv8 tk' mini, `' sI + Doti _ 04 / 13 / 18 4. 9660012696 $157,000.00 USD Pay ONE HUNDRED FIFTY-SEVEN THOUSAND & 00/100******************* DOLLARS VOID IF NOT CASHED IN 90 DAYS To The CARVER COUNTY DISTRICT COURT ADMINISTRATION Order 4 E 4TH T 6 THE FACE OF THIS DOCUMENT MAS A COLORED BACKGROUND ON WHITE PAPER AND A WATERMARK, HOLD AI AN ANGLE TO VIEW 1 1 W3 1 Payee Vendor ID Employee # CARVER COUNTY DISTRICT COURT ADMIT VERIGM P 00000000 Payment Ref Invoice No. PO/Contract 1900000671 SRLWI-18-102 Pymt.Comments: *RT: BRIAN SULLIVAN 414 FLOOR 6 OA fire.. * kn .-cv e Paves tp Check No. 1105000589 Disc/Wth 0.00 Date 04/13/18 Pay Amount $157000.00 1 2469227 13547 0 673279 Xcel EnwU Services Inc. Wths Farb• Bull, NA: f 1105000579 • / ._ 115 Hospital Drive '4wf <' d b a Enapr Van Wen OH 45891 X '`""°°� ft,.a91/u: { °� Y"r? lisle 04/i3/1B60012696 Z ,"$35,'Ob0'.00 iISD Pay THIRTY-FIVE THOUSAND & 00/100********xx*******+************ DOLLARS VOID IF NOT CASHED IN 90 DAYS To The CARVER COUNTY DISTRICT COURT ADMINISTRATION Order 604 E 4TH ST Of CHASRA MN 55318 � ^ 6e i i05000579ii0 404 i 2038 241:96000126960' Payee Vendor ID Employee A CARVER COUNTY DISTRICT COURT ADMI1MEM'U111' 00000000 Payment Ref Invoice No. PO/Contract 1900000667 SRLWI-18-103 Pymt.Comments: *RT: BRIAN SULLIVAN 414 FLOOR 6 Check No. 1105000579 Disc/Wth 0.00 Date 04/13/18 Pay Amount $35000.00 14 2486321 13535 0 672373 W-9 Request for Taxpayer Give Form to the Farm Identification Number and Certification requester. Do riot Rev.Nmember 2017) send to the IRS. beprtrmrkdtheireawry Imerrel Remxte SeMce ► Go to www.imgov/Form619 for Instructions and the latest ilft rmation. 1 Name (as shown on your income tax retuo. Name is requred on this rme; do not leave this Gre thank. Northam States Power Company, dlbla Xcel Energy 2 Business name/disregarde l entity rams, if diaererx from above n 3 Check appropriate box for federal tax classikration of the person whose name is entered on his 1. Check only am of the 4 Exemptions (codes apply only to certain see ,page not 3 viduabi toeowng seem bozos. instructions on 0 p ❑ IndWidual/sde proprietor ❑� CCOrporeao ❑SCorporetion [I partnership ❑Truaf/estate 0 single -member LLC Exempt Palle code (1 any) 0' ❑ Limited liability company. Enter the lax classification (C.G corporation, S.S corporation, P_Partnersivp) ► o Note: Check the appropriate box in the Iim some far the tax cimfixatien of the sirgicmemoer owner. Do not dock Exemption from FATCA reporting LLC if the LLC is classified as a Snf;W-member LLC that is disregarded from the owner Ixtiew the owrter of the LLC is LLC that tole (d en» = 5 anther LLC that is not disregarded tram the owner for U.S. f0deral tax Purposes Otherwise, a single -member 6 u L is disregarded from the owner should check the appropriate box for the tax dassficabon of its Owner. (ryyrubcwwr mYxMW„um1•✓ ua) u ❑ Other (see Instructions)► Requests s name and adders (mtknaq h 6 Address (number, street, and W. or sake no.) See irsbucl ons. 8 414 Nicollet Mall y 6 City, state. and ZIP code Mkinneapolls, MN 55401 7 List amount numbers) here(optionap EE Taxpayer Identification Number N) Enter your TIN in the appropriate box. The TIN provided must match the name given on rove 1 1e avow backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entry, see the Instructlons for Pan I, later. For other entities, it is your employer Identification number (EIN). it you do not have a number, see How to gaf a TIN, later. Note: If the account Is in more than one name, see the instructions for One 1. Also we What Name and Number To Ghre the Requester for guidelines on whose number to enter. 411 510 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) i have not been rotifled by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all (merest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification irotfuctiorts. You must cross out item 2 above if you have been notified by the IRS that you are currently subjec to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest Paid, acquisition or abandonment of seared property, cancellation of debt, contributions to an Individual retirement arangemem ORA). and generally, payments other than Interest and dividends, )il!x are not required to sign the certificaGen, but you must provide your tarred TIN. See)he Instructions for Part 11, later. w9n 9lgnature of Here U.s.mrson► General Instr Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Forth W-9 and its instruclbns, such as legislation emoted after they were published, go to w wvJrs.gov/F0rmW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer certification number (TIN) which may be your social security number (SSM, individual taxpayer Identification number QTIN), adoption taxpayer identification number (ATIN), Or employer Identification number (Film, to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Cal. No. 10231x �i Date► Y/ / 5/- +-✓X • Forth 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types Of inwrne, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and tartan other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Forth 1099-K (merchant card and third party network transactions) • Forth 1098 (home mortgage kderest), 1098-E (student ban Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured proper" Use Form W-9 only if you are a U.S. person (Including a resident alien), to Provide your correct TIN. If you do not return Farm W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. WESTWOOD PROFESSIONAL SERVICES, INC. Check Date: 12/14/2017 161320 Invoice Number I Date I Voucher Amount 1 Discounts Previous Pay Net Amount Conditional Use perm 12/13/2017 0182893 425.00 425.00 City of Chanhassen TOTAL Checking Anchor Bank 18 00363 425. 425.00 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 05/14/2018 3:48 PM Receipt No. 00377595 CLERK: AshleyM PAYEE: Westwood Professional Services 12701 Whitewater Drive Suite 300 Minnetonka MN 55343- Transmission Line as Audubon & Lyman- Xcel Energy ------------------------------------------------------- Recording Fees 50.00 Total Cash Check 163621 Change 50.00 0.00 50.00 0.00 CITY OF CHAN14ASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Xcel Energy for Conditional Use Permit for a transmission line — Planning Case No. 2018-08 On June 5, 2018, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Xcel Energy for a Conditional Use Permit for an Electric Transmission Line for the property located south of the intersection of Audubon Road and Lyman Boulevard. The Planning Commission conducted a public hearing on the proposed conditional use permit which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District (A-2) 2. The property is guided for Office/Industrial by the Land Use Plan. 3. The legal description of the property is attached as exhibit A. 4. Section 20-232: (1) Sec. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. (2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. (3) Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area (4) Will not be hazardous or disturbing to existing or planned neighboring uses. (5) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. (6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. SCANNED (7) Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. (8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. (10) Will be aesthetically compatible with the area. (11) Will not depreciate surrounding property values. (12) Will meet standards prescribed for certain uses as provided in this article. 5. The staff report dated June 6, 2018 for Planning Case #2018-08, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit. ADOPTED by the Chanhassen Planning Commission this 5 h day of June, 2018. CHANHAS ISSION BY: Its Chairman 2 `%T P OF 9 c, �NH ASS PC DATE: June 5, 2018 ^ CC DATE: June 25, 2018 C — 3 REVIEW DEADLINE: July 3, 2018 CASE #: 2018-08 BY: SJ PROPOSED MOTION: oyo, , "The Chanhassen Planning Commission recommends approval of the Conditional Use Permit to allow a transmission line to be located south of the intersection of Audubon and Lyman Boulevard — Planning Case 18-08 - subject to the conditions of approval and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: Consider a request for a conditional use permit to allow a transmission line to be located south of the intersection of Audubon and Lyman Boulevard. LOCATION: South of the intersection of Audubon and Lyman Boulevard APPLICANT: Xcel Energy Brian Sullivan 414 Nicollet Mall — 414-06 Minneapolis, MN 55401 Brian.E.Sullivan@xcelenergy.com 612-330-5925 PRESENT ZONING: Agricultural Estate District (A-2) 2020 LAND USE PLAN: Office Industrial ACREAGE: 1.4 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION -MAKING: The city has limited discretion in approving or denying Conditional Use Permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the city finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. Planning Commission Xcel Energy Transmission Line CUP — Planning Case 2018-08 June 5, 2018 Page 2 of 8 PROPOSAL/SUMMARY The applicant is requesting a Conditional Use Permit for the purpose of constructing and operating a 115kv transmission line. The line is intended to span 1.5 miles between the cities of Chaska and Chanhassen. It will begin by connecting to an existing transmission line in the southeast quadrant of Lyman Boulevard and Audubon Road in Chanhassen. It will end at the Lake Hazeltine substation on the west side of Columbia Court North in Chaska. Eighteen structures will be constructed with this project, two are located in Chanhassen and the remaining 16 structures in the City of Chaska. Planning Commission Xcel Energy Transmission Line CUP — Planning Case 2018-08 June 5, 2018 Page 3 of 8 The proposed transmission line will consist of conductors attached to weathered steel monopole structures with davit arms on a drilled pier concrete foundation. Staff is recommending approval of the request with conditions. APPLICABLE REGULATIONS Chapter 20-ARTICLE IV. - CONDITIONAL USES Sec. 20-232. - General issuance standards. Sec. 20-901. - Overhead transmission lines. BACKGROUND Xcel Energy has elected to follow the local permit review process set forth in Minn. Stat. §216E.05 Minn. R. 7850.5300 to permit the proposed transmission line and structures. This process provides that applicants for applicable projects may seek approval from the local unit of government (LGU) that has jurisdiction over the site or route in lieu of applying to the Minnesota Public Utilities Commission (PUC) for a Route Permit. In addition to noticing requirements, the local review process requires that the LGU: (1) prepare an Environmental Assessment (EA) for the project and give the public an opportunity to participate in the development of the scope of the EA, (This was completed by the City of Chaska), Planning Commission Xcel Energy Transmission Line CUP — Planning Case 2018-08 June 5, 2018 Page 4 of 8 (2) Provide a project notice for publication in the EQB Monitor upon completion of the EA and take public comments, (This was completed by the City of Chaska and the documents are available to view on in the Project Documents folder for this project on the City of Chanhassen's website at: www.ci.chanhassen.mn.us/2018-08 ) and, (3) Make a decision on the permit after at least 10 working days after the project notice appears in the EQB Monitor. (This will be completed by the City of Chaska). Since a larger portion of the transmission project is located within the City of Chaska and a smaller portion in the City of Chanhassen, staff from both cities met to determine which city would serve as the Responsible Governmental Unit (RGU) for preparation of the EA for the PLC process. The Chanhassen City Council agreed that Chaska will serve as the RGU for preparation of the EA for this project. Pursuant to Chanhassen Code of Ordinances Chapter 20, Zoning Article XXHI, Division 1, Section Sec. 20-901. - Overhead transmission lines: Installation of overhead transmission lines in excess of 69 kilovolts shall require the issuance of a conditional use permit through any district located in the city. The city council, in addition to the standards established in article IV, may also impose other conditions as deemed necessary to protect the public health, safety and we fare. The proposed transmission line project consist of constructing an approximately 1.5-mile-long, double circuit, 115 kV transmission line suspended on 18 overhead structures. The proposed transmission line will begin in the City of Chanhassen with the first structure and connection to the existing transmission line located on the southeast side of the intersection of Audubon Road and Lyman Boulevard. It will cross Audubon Road to the west with one more structure in Chanhassen on the east side of Lake Hazeltine Drive. The remainder of the project will be located in the City of Chaska. Planning Commission Xcel Energy Transmission Line CUP — Planning Case 2018-08 June 5, 2018 Page 5 of 8 Two alternative route assessments were considered for the City of Chanhassen prior to deciding on the proposed route. Those two alternatives were along the north and south of Lyman Boulevard. Xcel energy worked with staff from the cities of Chaska and Chanhassen, design engineers and environmental consultants to select the route. One of the main reasons the north alignment was abandoned early in the process was the presence of wetlands, which caused some engineering constraints. CONDITIONAL USE PERMIT ANALYSIS The applicant is requesting a conditional use permit for the construction of a transmission line along the south of the intersection of Lyman Boulevard and Audubon Road. FINDINGS The Planning Commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. Finding: The transmission will provide a basic utility to the residents of Chanhassen and the surrounding area. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: This use is consistent with the objectives of the city's comprehensive plan and this chapter. Section 1.1 the Community Vision Section of the Comprehensive plan states, "The City of Chanhassen prides itself in providing sound infrastructure. The City's Pavement Management System ensures that upgrades occur when needed and are prioritized based on the condition of pavement. Municipal services such as water and sewer, and private utilities such as electrical and high-speed internet are readily available, of high quality, and affordable. " The proposed transmission line project is being constructed to both modernize and expand reliable electric service infrastructure. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area Planning Commission Xcel Energy Transmission Line CUP — Planning Case 2018-08 June 5, 2018 Page 6 of 8 Finding: The proposed transmission line and two monopoles will be compatible with the area. Similar structures are currently used in the area. The proposed structure is designed to weather naturally. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The new transmission line will be located a minimum of 350 feet from the nearest single family home. Staff requested the applicant conduct an Electromagnetic Field study. The results are shown in the table below with comparison to regular household items. Table 2: Project Modeled EMF output values 1 EMF 1(rt 0' offset (17-line centerline) = 26 mG - EMF 4 30' offset (edge of ROVE = 21 mG 3 EMF C 100' offset = 7 mG (based on no other contributions at location) a EMF 4 150' offset = 4 mG (based on no other contributions at location) ApPM� Distance from Source 300 l toot 1 e 2 feet - Han frier Electric Slaver 100 20 150 -- 20 Can O ocr 600 Electric Stove 30 9 7 2 _ 2 Televiskm NA Portable Heater 100 2 1 4 Vacuum Cleaner 300 60 i 10 Copy Machine S1U 20 7 computer 14 5 1 2 Source- FMF In Pair F.eremawnr (EPA 199ZL Planning Commission Xcel Energy Transmission Line CUP — Planning Case 2018-08 June 5, 2018 Page 7 of 8 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: Will be served adequately by facilities and services provided by the persons responsible for the establishment of the proposed use. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. It will provide a necessary utility. 7. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10. Will be aesthetically compatible with the area. Finding: Will be aesthetically compatible with the area. 11. Will not depreciate surrounding property values. Finding: Will not depreciate surrounding property values. Planning Commission Xcel Energy Transmission Line CUP — Planning Case 2018-08 June 5, 2018 Page 8 of 8 12. Will meet standards prescribed for certain uses as provided in this article. Finding: Not applicable. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the Conditional Use Permit to allow a transmission line to be located south of the intersection of Audubon Road and Lyman Boulevard as shown in the attached exhibit A — Planning Case 18-08 - subject to the following conditions: 1. Approval of the Conditional Use Permit is contingent upon final approval of the EA and a resolution declaring no need for an Environmental Impact Statement." ATTACHMENTS 1. Findings of Fact and Decision 2. Development Review Application 3. Affidavit of Mailing of Public Hearing Notice 4. Exhibit A G:\PLAN\2018 Planning Cases\l8-08 - Excel Transmission Line Lyman Blvd and Audubon Road\staff nyoR.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Xcel Energy for Conditional Use Permit for a transmission line — Planning Case No. 2018-08 On June 5, 2018, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Xcel Energy for a Conditional Use Permit for an Electric Transmission Line for the property located south of the intersection of Audubon Road and Lyman Boulevard. The Planning Commission conducted a public hearing on the proposed conditional use permit which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District (A-2) 2. The property is guided for Office/Industrial by the Land Use Plan. 3. The legal description of the property is attached as exhibit A. 4. Section 20-232: (1) Sec. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. (2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. (3) Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. (4) Will not be hazardous or disturbing to existing or planned neighboring uses. (5) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. (6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. (7) Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. (8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. (10) Will be aesthetically compatible with the area. (11) Will not depreciate surrounding property values. (12) Will meet standards prescribed for certain uses as provided in this article. 5. The staff report dated June 6, 2018 for Planning Case #2018-08, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit. ADOPTED by the Chanhassen Planning Commission this P day of June, 2018. CHANHASSEN PLANNING COMMISSION go Its Chairman PA COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 CITY OF CHANHASSEN o' APPLICATION FOR DEVELOPMENT REVIEW lV �l Submittal Date: O PC Date: I O CC Date: 60-Day Review Date:Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Subdivision (SUB) ❑ Minor MUSA line for failing on -site sewers..... $100 ❑ Create 3 lots or less........................................$300 ❑ Create over 3 lots .......................$600 + $15 per lot 0 Conditional Use Permit (CUP) (-- lots) ❑ Single -Family Residence ................................ $325 ❑ Metes & Bounds (2 lots).................................. $300 ❑� All Others......................................................... $425 ❑ Consolidate Lots ............................................ ..$150 ❑ Interim Use Permit (LIP) ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat ... [I In conjunction with Single -Family Residence.. $325 ..........................ttor.................$700 (Includes $450 escrow for attorney costs)* ❑ All Others......................................................... $425 *Additional escrow may be required for other applications ❑ Rezoning (REZ) through the development contract. ❑ Planned Unit Development (PUD) .................. $750 ❑ Vacation of Easements/Right-of-way (VAC)........ $300 ❑ Minor Amendment to existing PUD................. $100 (Additional recording fees may apply) ❑ All Others......................................................... $500 ❑ Variance (VAR) .................................................... $200 ❑ Sign Plan Review ................................................... $150 ❑ Wetland Alteration Permit (WAP) ❑ Site Plan Review (SPR) ❑ Single -Family Residence ............................... $150 ❑ Administrative.................................................. $100 ❑ All Others....................................................... $275 ❑ Commercial/Industrial Districts' ...................... $500 ❑ Zoning Appeal $100 Plus $10 per 1,000 square feet of building area: ...................................................... (thousand square feet) 'Include ❑ Zoning Ordinance Amendment (ZOA)................. $500 number of existina employees: 'Include number of new employees: El Residential Districts ......................................... $500 NOTE: When multiple applications are processed concurrently, Plus $5 per dwelling unit (— units) the appropriate fee shall be charged for each application. ❑ Notification Sign (City to install and remove)........................................................ ............ $200 ❑ Property Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address addresses) ❑� Escrow for Recording Documents (check all that apply)....................................................................... $50 per document Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements ( easements) ❑ Deeds TOTAL FEE: ! Section 2: Required Information Description of Proposal: Build 2 structures in Chanhassen for the 115kV transmission line from the existing line east of Lyman Blvd & Audubon Rd. in Chanhassen to the Lake Hazeltine Substation in Chaska. Property Address or Location: South of the intersection of Lyman Blvd and Audubon Rd Parcel #: 250220800 and 250221500 Legal Description: S 22, T 116, R. 23 Total Acreage: 1.40 Wetlands Present? ❑ Yes ® No Present Zoning: Agricultural Estate District (A2) Requested Zoning: Not Applicable Present Land Use Designation: Agriculture Requested Land Use Designation: Existing Use of Property: Agriculture MAY W01S ZCheck box if separate narrative is attached. PropertySection 3: APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to File the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Xcel Energy Contact: Brian Sullivan Address: 414 Nicollet Mall, 414-06 Phone: (612) 330-5925 City/State/Zip: Minneapolis, MN 55401 Cell: (612) 366-0234 Email: brian.e.sullivan@xcelenergy.com Fax: Brian Sullivan o'°"°"°B"° by�""iSi" 5/v1s Signature: oac: M18.05.01 nsasc usw Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Xcel Energy Contact: Brian Sullivan Address: 414 Nicollet Mall Phone: (612) 330-5925 City/State/Zip: Minneapolis, MN 55401 Cell: (612) 366-0234 Email: brian.e.sullivan@xcelenergy.com Fax: Signature: Brian Sullivan ow."'Oi byw.s" . 5/1/08 00..MI&M0„7saa.a w Date: This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (rf applicable) Name: Westwood Contact: Tom Braman Address: 12701 Whitewater Drive, Suite 300 Phone: (952) 906-7447 City/State/Zip: Minnetonka, MN 55343 Cell: Email: tom.braman@westwoodps.com Fax: Section 4: Notification Information Who should receive copies of staff reports? `Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: Applicant Via: El Email ❑ Mailed Paper Copy Address: ❑+ Engineer Via: Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary forth fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMr FORM CONDITIONAL USE PERMIT APPLICATION City of Chanhassen Date: May 4, 2018 Applicant: Northern States Power Company, a Minnesota corporation ("Xcel Energy") Project Description: The applicant proposes to construct and operate a 115kV transmission line approximately 1.5-mile long and consisting of approximately 18 transmission structures between the cities of Chanhassen and Chaska, in Carver County, Minnesota (Exhibits 1-0 through 1-8). It will begin by connecting to an existing transmission line in the southeast quadrant of Lyman Boulevard and Audubon Road in Chanhassen. It will end at the Lake Hazeltine substation on the west side of Columbia Court North in Chaska. Two structures, numbers one and two, will be constructed in the city of Chanhassen and sixteen will be constructed in the city of Chaska. Site location: The project is located in Carver County, Minnesota. Commencing in Chanhassen, in the southeast quadrant of the Lyman Blvd and Audubon Road intersection, it will follow the southwesterly side of Lyman Boulevard to the south side of the Twin Cities and Western Railroad. The transmission route will turn westerly and parallel the railroad until it reaches the north shore of Lake Hazeltine, where it will turn north on the west side of Columbia Court North, and end at the Lake Hazeltine electric substation in Chaska. It is located in the west half of Section 22, Township 116N, Range 23W and the north half of Section 21, Township 116N, Range 23W. Contact: Brian Sullivan Email address: Telephone: Xcel Energy 414 Nicollet Mall — 414-06 Minneapolis, MN 55401 Brian.E.Sullivan@xcelenergy.com Gene Kotz Xcel Energy 414 Nicollet Mall — 141-05 Minneapolis, MN 55401 Eugene.Kotz@xcelenergy.com 612-330-5925 612-330-5625 Page 2 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Attached Exhibits: Exhibits 1-0through 1-8 Existing Conditions Exhibits 2-0 Proposed Transmission Line and Right -of -Way Exhibits 2-1 through 2-8 Proposed Conditions Exhibits 3-0 through 3-8 Wetlands and Proposed Transmission Line and Right -of -Way Exhibit 4-0 Example of Typical Weathered Steel Transmission Structure Exhibits 4-1 - 4-3 Structure Elevation View Exhibits 4-4 Photographic Rendering of Post Construction Conditions of Structures 1-3 Exhibit A Landowners Within 500 Feet of Proposed ROW Exhibit B Alternate Routes N/A Landscape Plan N/A Sign Plan Tables: Table 1: Proposed Structure Specifications Table 2: Project Modeled EMF output values Table 3: Sources and Values of EMF Table 4: Decibel Levels of Common Noise Sources Table 5: Minnesota Statutory Limits by Noise Area Classification (dBA) Appendices: Appendix 1 Letter from City of Chanhassen to City of Chaska Appendix 2 Landowners within 500 feet of Proposed Route Right of Way Page 3 Chanhassen CUP for Xcel 11SkV Transmission Line to Lake Hazeltine Substation May 4, 2018 PERMITTING & REGULATORY PROCESS Xcel Energy has elected to follow the local permit review process set forth in Minn. Stat_ §216E.05 Minn. R. 7850.5300 to permit the proposed transmission line and structures. This process provides that applicants for applicable projects may seek approval from the local unit of government (LGU) that has jurisdiction over the site or route in lieu of applying to the Minnesota Public Utilities Commission (PUC) for a Route Permit. In addition to noticing requirements, the local review process requires that the LGU: (1) prepare an Environmental Assessment (EA) for the project and give the public an opportunity to participate in the development of the scope of the EA, (This will be completed by the City of Chaska), (2) provide a project notice for publication in the EQB Monitor upon completion of the EA and take public comments, (This will be completed by the City of Chaska) and, (3) make a decision on the permit after at least 10 working days after the project notice appears in the EQB Monitor. (This will be completed by the City of Chaska). Since a larger portion of the transmission project is located within the City of Chaska and a smaller portion in the City of Chanhassen, staff from both cities met to determine which city would serve as the Responsible Governmental Unit (RGU) for preparation of the EA for the PUC process. The City Council of Chanhassen provided the attached letter dated September 26, 2017 agreeing that Chaska will serve as the RGU for preparation of the EA for this project (Appendix 1). Pursuant to Chanhassen Code of Ordinances Chapter 20, Zoning Article XXIII, Division 1, Section Sec. 20-901. - Overhead transmission lines: Installation of overhead transmission lines in excess of 69 kilovolts shall require the issuance of a conditional use permit through any district located in the city. The city council, in addition to the standards established in article IV, may also impose other conditions as deemed necessary to protect the public health, safety and welfare. Therefore, Xcel Energy is hereby applying for a Conditional Use Permit (CUP) from the City of Chanhassen for the proposed project in accordance with Chanhassen Code; and Minn. Stat. §216E.05 and Minn. R. 78505300 described above. In addition, Xcel Energy has applied for a CUP from the City of Chaska for this project. BACKGROUND The proposed 1.5-mile 115 kV double circuit transmission line project is needed to power the Lake Hazeltine Substation in Chaska. This will meet the increasing demand for electricity in the City of Chaska. It will draw electricity from the existing transmission line located in Chanhassen along the eastern side of Audubon Road at Lyman Boulevard, approximately 700 feet southeast of the Bluff Creek Substation. This project is the subject of this CUP application and is described below. PROPOSED PROJECT The proposed transmission line project consist of constructing an approximately 1.5-mile-long, double circuit, 115 kV transmission line suspended on 18 overhead structures (Exhibits 2-0 through 2-8). The Page 4 Chanhassen CUP for Xcel 11SkV Transmission Line to Lake Hazeltine Substation May 4, 2018 proposed transmission line will begin in the City of Chanhassen with the fast structure and connection to the existing transmission line located on the southeast side of the intersection of Audubon Road and Lyman Boulevard on land owned by the City of Chanhassen. It will cross Audubon Road to the west with one more structure in Chanhassen on the east side of Lake Hazeltine Drive. The remainder of the project will be located in the City of Chaska It will continue northwesterly for approximately 3,500 feet along the west side of Lyman Boulevard to the south side of the Twin Cities and Western Railroad tracks. The transmission route will turn to the southwest and parallel the railroad tracks for approximately 3,000 feet. The transmission route will then cross the railroad tracks in a northwesterly direction for about 850 feet ending with a connection at the Lake Hazeltine Substation. The proposed transmission line will consist of conductors attached to weathered steel monopole structures with davit arms on a drilled pier concrete foundation; a typical photograph is shown in Exhibit 4-0. Each of the structures will range in height from 80-110 feet and have span lengths of approximately 350 feet. Specialty structures will be used at road and railroad crossings and where the transmission route makes a significant direction change. Structures will be erected on a reinforced concrete pier foundation approximately 6 to 8-feet in diameter. Table 1 provides a summary of the proposed transmission structure details. Elevations of proposed structures are shown in Exhibits 4-1 through 4-3. Table 1: Proposed Structure Specifications Line Structure Structure Right- Structure Foundation Foundation Span Between Type Type Material of -Way Height Diameter Structures Width (ft.) (ft•) (ft.) 115kV Single Weathered 25 to 80-110 Reinforced Directed Approximately double pole; steel 77.8 concrete drilled embedded 350 circuit Specialty pier foundation or 6 to 8 pole and feet for self-supporting specialty structures. structures. New right-of-way (ROW) acquisition is needed for areas currently outside of the public road ROW and railroad ROW. Anticipated easement width to be acquired is a nominal 25 to a maximum of 77.8 feet. Existing ROW will be used where available and the transmission line will be centered over the ROW. The first two structures will be located in Chanhassen, with the first structure being constructed on a parcel of land owned by the City of Chanhassen. The remaining 16 structures will be constructed in Chaska (Exhibits 2-0 through 2-8). An Xcel Energy land agent has been in contact with all landowners in the project corridor. The land agent will continue working with landowners to acquire new ROW and/or modify existing ROW easements as necessary. The land agent will work with landowners to address any construction needs, impacts, damages or restoration issues. Exhibit A shows landowner parcels within 500 feet of the proposed ROW and Appendix 2 has a spreadsheet of the landowners from the Carver County Parcel dataset. Vegetation management will include general vegetation clearing where structures are proposed and tree removal within the project ROW. Post construction vegetation management will include replanting graded areas and continued vegetation maintenance as necessary to comply with erosion control and operation and safety standards. Page 5 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 The project requires unavoidable crossings of wetlands in Chaska. Temporary and permanent impacts to wetlands will result. Unavoidable temporary wetland impacts will occur in order to access and build proposed structures and for stringing conductors. Mats will be used as an access road across wetlands to structures located in wetlands. Access roads will be up to approximately 28 feet wide, within a permanent easement that is up to 77.8 feet wide. Staging areas on mats around structures in wetlands will be up to 65 feet in circumference around each structure. In some cases staging this may be reduced to 50 feet around of each structure. Work in wetlands may start in late spring or summer 2018 and continue through the fall of 2018 as access allows. Temporary wetland impacts will be minimized by requiring all work to be performed on mats in a 100- foot by 65-foot area. Additionally only essential equipment will be allowed in wetlands. Unavoidable permanent wetland impact will result from constructing foundations for eight structures in wetlands: Structures 3, 9, 10, 11, 12, 14, 15, and 16 (Exhibit 3-0 through 3-8). Permanent wetland impact for each of these eight structure foundations will be an area of eight feet in diameter or less. The permanent wetland impact for each of the eight structures will be 51 square feet or less. Permanent wetland impacts will occur from excavating soil at each structure foundation location. The excavated soil will be loaded into a truck and disposed in an upland area off -site. A structure foundation form will be used along with rebar and concrete to create the reinforced structure foundation. After the foundation concrete is cured, the structures will be erected upon the foundations and the conductors will be connected. The mats used to access the structures in wetlands will be typically removed from the wetlands 60 days following construction activities. ALTERNATIVE ROUTES An alternative route assessment was considered prior to deciding on the proposed route (See Exhibit B Altemate Routes). Xcel energy worked with staff from the cities of Chaska and Chanhassen, design engineers and environmental consultants to select the route. The following factors were considered in the establishment of the transmission route and structure placement: 1. Source and destination of the route 2. Engineering constraints 3. Environmental impacts 4. Safety S. Existing electric corridor 6. Cost Alternate Route A would begin by connecting to the existing transmission line on the northeast side of Lyman Blvd. near the Bluff Creek Substation. It would proceed westerly along the northeast side of Lyman for several hundred feet where it would cross to the southwest side of Lyman and proceed northwest to the railroad where it would turn to the southwest. The route would parallel the railroad southwest to Lake Hazeltine where it would turn west-northwest and connect the Lake Hazeltine Substation. Route D started in the same location as Route A but would continue on the northeast side of Lyman to the railroad. These two alternatives were not selected for the following reasons: They were not preferred by the cities of Chaska and Chanhassen. They required additional specialty structures. There were engineering problems with the school entry drive and elevation drop. The connection to the existing transmission line Page 6 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 would occur in a wetland and floodplain which could be avoided by selecting another route. Future maintenance logistics and permit issues were greater for these alternative routes. Alternate route B was investigated which would use the existing transmission corridor east of the Bluff Creek Substation and extend north approximately 3,000 feet to the railroad and then follow the south side of the railroad southwest for approximately 5,200 feet to Lake Hazeltine then cross the railroad track and connect to the Lake Hazeltine Substation. This alternative was not selected because it was considerably longer, had greater wetland impact and was closer to the high school play fields and several houses located north of the railroad track. Route C was a modified alternative of Routes A, B, and D that would follow the north side of the railroad tracks. This alternative was not selected because it had greater tree cutting, did not use an existing electric corridor and would cause impact to a bald eagle nest. The preferred route was selected because it best met the route decision factors above. It connected best from the source and destination and was preferred by both the cities of Chaska and Chanhassen. It had the fewest engineering design problems such as clearance, specialty structures, ground elevation issues, structure placement and challenges with existing easements. It had the less environmental impact than the other routes. The safety elements were similar to other routes. It fit better with the existing electric corridor than other routes. It cost less than other routes. CUP FILING REQUIRMENTS Pursuant to Chanhassen Code of Ordinances Sec. 20-232. - General issuance standards. The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: (1) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. To achieve general issuance Standards 1, the project was designed by engineers registered in the State of Minnesota and will be constructed by craftsmen trained and certified following industry standards and specifications for mechanical, structural and electrical equipment using standards in place by Xcel Energy to provide safe, long lasting, reliable and affordable electric service for the area users. Comprehensive Plan certain uses, including "essential services," are permitted subject to a Conditional Use Permit. The project constitutes a "privately owned and operated essential service" as defined by Sections 2.3 and 15 of the ordinance. Section 2.3 of the City Zoning Ordinance also provides that above ground structures for private essential services shall be classified as a conditional use in all zoning districts. Electric and Magnetic Fields (EMF) have been modeled at the proposed transmission line between structures 1 and 2 in Chanhassen (Table 2). The nearest dwelling will be 350 feet from the transmission line. The applicant modeled EMF at 0, 30, 100, and 150 foot offsets from the proposed transmission line Page 7 Chanhassen CUP for Xcel 11SkV Transmission Line to Lake Hazeltine Substation May 4, 2018 centerline with the results below. The values depict the intensity of EMF, measured in MilliGauss (mG) and are based on peak summer loading provided by Xcel Planning. Under the transmission right-of-way, the EMF values produced from the proposed project be similar compared to other common EMF sources people encounter on a regular basis as shown in Table 3. Outside of the transmission right-of-way, the EMF values encountered will be similar or lower. Table 2: Project Modeled EMF output values 1 EMF @ 0' offset (T-line centerline) = 26 mG 2 EMF @ 30' offset (edge of ROW) = 21 mG 3 EMF @ 100' offset z 7 mG (based on no other contributions at location) 4 EMF @ ISO' offset = 4 mG (based on no other contributions at location) Table 3: Sources and Values of EMF Hair Drier 300 1 — Electric Shaver too 20 — Can Opener 600 I50 20 Electric Stove 30 8 2 Television NA 7 2 Portable Heater too 20 4 Vacuum Clearer 300 60 10 CopyMachine 90 20 7 Computer 14 5 2 Solace! EMF to Your Environment (EPA 1992). (2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. The project is consistent with the comprehensive plan and this chapter's objectives. Section 1.1 the Community Vision Section of the Comprehensive plan states, "The City of Chanhassen prides itsefin providing sound infrastructure. The City's Pavement Management System ensures that upgrades occur when needed and are prioritized based on the condition of pavement. Page 8 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Municipal services such as water and sewer, and private utilities such as electrical and high-speed internet are readily available, of high quality, and affordable. " The proposed transmission line project is being constructed to both modernize and expand reliable electric service infrastructure. (3) Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed transmission line structure appearance was taken into consideration during the design. An example of a proposed weathered steel structure is shown in exhibit 4-0. A post construction photographic rendition of the structures proposed for the project in Chanhassen are shown from a viewpoint looking south across the Lyman Boulevard and Audubon Road intersection (Exhibit 44). Similar structures are currently used in the area. The proposed structure is designed to last for decades and weather naturally; it requires no painting and infrequent maintenance. (4) Will not be hazardous or disturbing to existing or planned neighboring uses. The proposed transmission line was designed and centered within a right-of-way corridor up to 77.8 feet wide and it utilizes portions of existing electrical utility corridors. It was designed so it will have no adverse effects to existing or planned neighborhood uses. (5) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed transmission line is part of the utility system. (6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed transmission line will be owned and maintained by Xcel Energy and will not be detrimental to the economic welfare of the community. Page 9 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 (7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash. The proposed transmission line will be constructed, operated and maintained following its permitted use and conditions. General mechanized land clearing is not proposed for this project. Clearing is required and limited to the immediate area of the structures. Trees will be cut from the transmission corridor to provide a safety zone around the transmission conductors. Equipment used for the project includes flat-bed semi -trucks for delivery of structure components and equipment, excavators, loaders and dump trucks for boring the foundation hole and removal of excess soil, cement trucks for constructing the reinforced concrete structure foundations and boom trucks for structure erection and conductor stringing. This equipment will comply with state and federal regulations for noise and emissions. Equipment will be operated in a safe manner by trained personnel. The project will be constructed so it will not produce excessive traffic. Xcel Energy will work with the City staff to coordinate construction schedules to minimize disruption of traffic. Sound will be produced during construction and operation of the transmission line. Table 4 shows average decibel levels (dBA) or pressure levels of common noise sources. Minnesota noise standards, which are summarized in Table 2 will not be exceeded during construction or operation of the project. All construction work will be completed during daylight hours using equipment designed and maintained to operate using sound abating mufflers. During transmission line operation, noise levels produced are low and they will be below the state threshold. Table 4: Decibel Levels of Common Noise Sources Sound pessure levels Common indoor and (dBA) outdoor norses 110 Nmlt hand at Sm Jet Mover at 3oom 100 Gas Uwnmower at Ito 90 Food dmde r at I m 90 Stw mrn9 at lm 70 Vacuum cleamr at 3m Nsp ormal eech at lm 60 Large bUNnett ,ft e ,5o Dohwasher next room. 9raet urban daylrn, 40 Llbary, aural wban nghnime pmet suburban nghtnme 30 Bedroom at nght p dirt total myhttl e Broadcast letotdrg snuho 10 0 7hMAWWdhemV gnurce• (Minnesota Pollutinn Control Aeencv. 2015. A Guide to Noise Control in Minnesota) Page 10 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Table 5: Minnesota StatutoryLimits by Noise Area Classification dBA Noise Area Classification Daytime Ni httime Lio L5o Lto L5o 1 65 60 55 50 2 70 65 70 65 3 80 75 80 75 Source: (Minnesota Pollution Control Agency, 2015. A Guide to Noise Control in Minnesota) In Minnesota, statistical sound levels (L Level Descriptors) are used to evaluate noise levels and identify noise impacts. The L5 is defined as the noise level exceeded 5% of the time, or for three minutes in an hour. The Lto is defined as the noise level exceeded 10% of the time, or for six minutes in an hour. The L50 is defined as the noise level exceeded 50% of the time, or 30 minutes in an hour. Regulations differ in Minnesota based on daytime noise and nighttime noise and are further separated into land use or Nose Area Classification (NAC) of the noise receiver. NAC 1 is for land use activities such as: residential housing, religious activities, camping and picnicking areas, health services, hotels, educational services. NAC 2 is for: retail, business and government services, recreational activities, transit passenger terminals. NAC 3 is for: manufacturing, fairgrounds and amusement parks, agricultural and forestry activities. NAC 4 is for: undeveloped and unused land. The NAC is found in Minnesota Rule 7030.0050. During construction, noise will occur from structure foundation installation equipment and structure erection equipment. Typical equipment will include semi -trucks for equipment and supply delivery, track excavators, foundation drilling rigs, dump trucks, cement trucks and boom trucks. Noise generated during the transmission line construction will occur in phases over a few months. Most tasks take a few days to a few weeks to complete with waiting times between them for example, concrete curing and inspection. During transmission line operation, audible noise generated by a 115kV transmission line was modeled by Xcel Energy using software produced by Bonneville Power Administration. Results show noise generated under the worst case wet conditions scenario that the audible Ls and Lso noise levels modeled at the edge of a 75-foot-wide right-of-way (37.5 feet from centerline) would be at 22.2dBA and 18.7 dBA, respectively. These levels are below the state noise thresholds reported in the Minnesota Pollution Control Agency nighttime L50 limit of 50 dBA which is also shown in Table 5. Smoke, fumes and odors will be produced during construction but quantities and duration will not be excessive. Sources of smoke, fumes and odors will come from equipment and fabricating the proposed structures in Chanhassen and Chaska. Sources of smoke, fumes and odors may include welding or cutting steel for transmission structure foundations, concrete, operation of diesel powered equipment, chain saws used to cut trees and use of construction tools and equipment. Activities generating smoke, fumes and odors may last a few days or weeks. Operation of the transmission line will not produce smoke, fumes or odors. Page 11 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 Glare may occur from reflecting light off equipment windows in insignificant amounts and for short periods and occasionally as the operating transmission line conductors may reflect light. It will be similar to existing conditions in the area of the proposed transmission line. The structures will be weathered steel and will have a low reflective surface. The project will not produce or support habitat for rodents. Trash generated by the project will not support rodent habitat as it will be limited to construction waste. Trash will be promptly contained, collected and disposed or recycled at a licensed waste facility following Xcel Energy construction standards. (8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. During construction, vehicular and equipment access to the construction corridor and structure locations will be coordinated with the City staff to minimize disturbance, congestion and interfere with traffic. There will be construction equipment moving to and from the site and it will be managed and directed in a safe and orderly process following Xcel Energy's construction and operation standards. During transmission line operations there will be no interference with vehicular approaches or traffic congestion or interference. The transmission conductor was designed to span over Audubon Road at a minimum height of approximately 45 feet. This is higher than existing wires or traffic signals at this road (Exhibit 4-5 through 4-7). (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Construction and operation of this project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. (10) Will be aesthetically compatible with the area. Construction and operation of this project will be aesthetically compatible with the area. Construction disturbance will cover a small area. A post construction photographic rendition of the structures proposed for the project in Chanhassen is shown from a viewpoint looking south across the Lyman Boulevard and Audubon Road intersection (Exhibit 44). The selection of the weathered steel structure is aesthetically compatible to the area and similar to structures currently used in the area. Page 12 Chanhassen CUP for Xcel 115kV Transmission Line to Lake Hazeltine Substation May 4, 2018 (11) Will not depreciate surrounding property values. Construction and operation of this project will not depreciate surrounding property values. Landowners affected by the project will be compensated for the use. The location of the project was selected to meet the area residence and industrial customer's electric demand and for high quality, reliable and modem electrical transmission infrastructure. The proposed transmission line would be located primarily in an industrial developed area in Chaska and adjacent to agricultural lands in Chanhassen. The nearest dwelling is located 350 feet from the proposed transmission line in Chanhassen. The proposed use will not injure or detract from the use of the neighboring property or from the character of the neighborhood because the proposed transmission line is planned to be located in a disturbed corridor adjacent in an existing electric line corridor, thus minimizing proliferation. It will utilize portions of existing essential service corridors and easements. This will reduce impacts to the character of the area as compared to adding a new corridor. Over a portion of the route, the project will consolidate essential service use by co -locating an existing electrical line onto the new structures. (12) Will meet standards prescribed for certain uses as provided in this article. Xcel Energy will continue to meet with and comply with prescribed standards set forth by the City of Chanhassen to build and operate a successful and sustainable electrical transmission project. Exhibits u 4r, 2 � Q{ b a Q a a m V J .I �r � tir• t r. •+w'V�' �5 Broader Arse Map HenmpM Project Arse 1, CMMee. tttttt��J�� Scot/ N 6===AFee, Legend Ao roo Existing Overhead Electrical Infrastructure Parcels by City /�'] _• Approximate Transmission Line Chanhassen XC*jEnergy —Approximate Distribution Line Chaska s e.k Ma r n ...-.. - . ...... . 115kV Transmission line to Lake lazeltine Sub CheekelChenh...,l. MN Existing Conditions Exhibit 1- 2 '« , '✓ R < .41 I Broader Area Map H"mW Pmja An. v cnek. cn.+wwa � � � ip N rea, Legend Ao 100 Existing Overhead Electrical Infrastructure Parcels by City • • Approximate Transmission Line Chanhassen XGw&w/lw. — Approximate Distribution Line Chaska 115kV Transmission line to Lake Hazeltine Sub ChaakwCh.h.."m MN Existing Conditions Exhibit 1- 3 N 6.==]F. Legend Ao 100 Existing Overhead Electrical Infrastructure �u Approximate Transmission Line XssjEnerWe — Approximate Distribution Line Parcels by City Chanhassen Chaska IDKV I I411D1111DD1u11 lazeltine Sub ch.' WChenhe..m MN Existing Conditions Exhibit 1-4 N `dra„ Legend I15kV Transmission Ine o a e A o 100 Existing Overhead Electrical Infrastructure Parcels by City CliaakalCon ditto, M Existing Conditions . �� Approximate Transmission Line Chanhassen Exhibit l-5 �/�,�, XG��EM // W —Approximate Distribution Line Chaska k Hazeltine Sub N Xcel Energy. Legend Existing Overhead Electrical Infrastructure — Approximate Transmission Line — Approximate Distribution Line CGTeekelCM1enpneeen, MN Existing Conditions ` t y � s + y4 N 6..===JF. Legend sling Overhead Electrical Infrastructure Parcels by City � �= Approximate Transmission Line Chanhassen //, Jlro��Er>' MY — Approximate Distribution Line Chaska 115kV Transmission line to Lake Hazeltine Sub Cha.M/Chanh.... n, MN Existing Conditions Exhibit 1- 7 eroeder Ares Map Hennepin Pmje Ana Clan v soo ..... AMNFes, Legend 115kV Transmission line to Lake Hazeltine Su o ,00 ExistingOverhead Electrical Infrastructure Parcels by City sting Conditions s Existing Conditions • - - - Approximate Transmission Line Chanhassen �, Xcel EmrW* — Approximate Distribution Line Chaska Exhibit 1- 8 N LVjvI ry "—"' — — -- Chaska/Chanhasmn, MN FF.1 Proposed Transmission-CL Proposed Transmission Line and Right of Way /�7 v .C��• Proposed Transmission -ROW Exhibit 2-0 Proposed Structure h III fs%14 s 0.1* S I aroeder Aree Map Hwmpin Proud Ara N 6 Fan Legend 115kV Transm Ao roo Proposed Transmission-CL Parcels by City Proposed Transmission -ROW Chanhassen /W7 G Ri Proposed Structure Chaska n ■■I Z J line to Lake Hazeltine Sub Cf,aaMe/C�BnMaaen, MN Proposed Conditions Exhibit 2-1 w 4 � � ♦/' �Gllge171Plll� � , � • { s1Y ��' � BmaCer Area Map Hsnnep� Proietl Aroe I °f N Legend 115kV Transmission line to Lake Hazeltine Sub .aA c too Proposed Transmission-CL Parcels by City haamProposedoeCCoon nditioditto. MN ns Proposed Transmission -ROW Chanhassen Exhibit 2 2 (� XCWEne t Proposed Structure Chaska I Broader Area �Map NamMpla Roleel / nS e soon N Idr•< Legend An ton Proposed Transmission-CL Parcels by City /�1 v 'Ca Proposed Transmission -ROW Chanhassen /Ww av Prnnosed Structure Chaska t I r � r a a 115kV Transmission line to Lake Hazeltine Sub ChaeMn/Chenhaaaen, MN Proposed Conditions Exhibit 2-3 �i A '+xiuwye:�4.0 � 5 ".L wil't .? Broader Area Map NennepM Proied Arse ✓tr y � \,. • LA . c r scoll r cwau ciaan....a .� � • 1 e .. • � y /. e Legend 115kV Transmission line, to Lake Hazeltine Sub o ioo Proposed Transmission-CL Parcels by City Proposed Conditions Proposed Transmission -ROW Chanhassen Exhibit 2-4 (� XCWEne Proposed Structure Chaska _ _. l r yam'• �oi I Bwdw Area Map Nennepin Proled AroM Ch v Seotl n N -�F Legend 6mmA o too Proposed Transmission-CL Parcels by City � • Proposed Transmission -ROW Chanhassen XbW Enery 71 Proposed Structure Chaska i'�1, INN n � y\ 115kV Transmission line to Lake Hazeltine Sub ChaskalChenhassen• MN Proposed Conditions Exhibit 2-5 N Legend t t�nv r ranannaarvn rrrr� �., ___ A L� Feal Chaska/Chaa enhaen, MN o 100 Proposed Transmission-CL Parcels by City proposed Conditions g Proposed Transmission -ROW Chanhassen Exhibit 2-6 (� XG6IEne Proposed Structure Chaska N F.t o IM Xcel Energy' Legend Proposed Transmission-CL Proposed Transmission -ROW Proposed Structure Parcels by City Chanhassen Chaska Hazeltine Sub ChaskelChnnheaxn, MN Proposed Conditions Exhibit 2-7 N r,' A 0 100 XCWEMrW. Legend Proposed Transmission-CL Proposed Transmission -ROW Proposed Structure Parcels by City Chanhassen Chaska IJKV If21115rr11D,rVn nnc Hazeltine Sub CheekelChnnhea�n, MN Proposed Conditions Exhibit 2-8 U) 4) x ui Nam yr r �• ,a :-` {, u ' ' h. _ �3 W N C; m O Ci m L L C rn X r=Nw w Noc Nam Cc m = c J 4) cO k' m o 1Y � H m a` In N � N m C � R H ,w,_I LO N Legend Proposed Transmission-CL o inn �/ NWI Wetlands Proposed T-ROW "CGIEne►We DNR PWI Wetlands Proposed Structure 4 44 t r L I r�r J` .. 06 Ua�, ` . + M, s Aw 115kV Transmission line to Lake Hazeltine Sub CM1eskP/CFPlIM1PiPCP. MN Wetlands & Proposed Transmission Line and Right of Way Exhibit 3- 3 mL t C U O W Nam !0 m J C Y m y J E O c ♦+ m d F- C v ' o C n ° O EL N •a < gl N w C ` N C 3 1 u i w a _ Y n J U c 0 f'fN N d J d R J H HpQ N N d Q pNp O O O a` a` a` =r a d - d ' 3c: d _ 3 _ 3 C z o cm ` J w n LLo �o W zQ u e N A i -- F n,, D Ino Xcel Energy. Legend NWI Wetlands DNR PWI Wetlands Proposed Transmission-CL Proposed T-ROW Proposed Structure CM1aakalChanM1a8aen, MN Wetlands & Proposed Transmission Line and Right of Way Exhibit 3- 8 nd Exhibit 4.1 Structure Elevation View r ARMAAVCIIS-S (tYP) �d 6 o O � JO i zY.s O U00 W >' ¢ b - O 5 UNE 5570 to i w 1 SCC-LHZ - VNG-AR"E-1 (TYP) a — AR"AV-CUS-5 (TYP) � 2 r♦T VNG-ARM-DE-1 (TYP) RLS-NND-1 (TYP) - - 616PAD-ARM-1 (TYP) PLT-NAM-SMA I AS REOUIRED rntsusza UNE 5570 BLC-LNZ PLT-NAM-LAR-1 3 3— GN0.PADV.INT-1 Exhibit 4.2 Structure Elevation View r. ARM4D �� ( —\ d!T 1 dOFADZ i o UNE 55M R SC( 4 s BRV-WS•1 mm) GND LPS-I (TYP) BRACED POST ASSEMBLY BY OTHERS SEE DETAIL Z L94E 5570 Exhibit 4-3 Structure Elevation View I 111 W E e '• I 2 10 n p] 36 vb e � fi r .Wl�NT i �.tOF6 u y e -T l 4p 6 L - e � I i F .woes u xze-z� tf � � J 2 z W IL 0 A `Feet "cyons� Chaska/Chanhassen, MN o Soo Proposed Transmission-CL Carver Co. Parcels W/I 500 ft Buffer of Proposed Transmission ROW v Aw 'EMrW• — Proposed Transmission -ROW 500 ft. ROW Buffer Exhibit A t Proposed Structure _ gf ! ! U) , C� 0 \ ��\ § > � _ 7 E � 2 . e > . Ln | �.. .! ,•!!,!� ]\ _\ LU .� � Appendices Appendix A CITY OF CHANHASSEN Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow September 26, 2017 Mayor Mark Windschitl Chaska City Council Chaska City Hall One City Hall Plaza Chaska, MN 55318 Honorable Mayor Windschitl The City of Chanhassen understands that Xcel Energy, Inc. will make application with the cities of Chaska and Chanhassen for local permitting of a high voltage transmission line route permit, pursuant to M.S. 216E05. The 1.5-mile I I5kV electrical transmission line project extends from an existing transmission structure at the intersection of Lyman Boulevard and Audubon Road. It then follows the west side of Lyman Boulevard to the Twin Cities and Western Railroad Company tracks and follows the south side of the tracks until it crosses over to connect into the Lake Hazeltine Substation located on Columbia Court North. Minnesota Rule 7850.5300 stipulates that this local permitting process include environmental review conducted by the Responsible Governmental Unit (RGU) in the form of an Environmental Assessment (EA). Because a single EA is to be prepared to support the permitting effort, projects that span multiple jurisdictions can agree on one entity assuming the lead role in its preparation. Based on discussions with staff, the City of Chaska will assume this lead role. The City of Chanhassen hereby agrees that the City of Chaska can proceed as the Responsible Governmental Unit for preparation of the EA. Further, the City of Chanhassen conveys this agreement via this letter to the City of Chaska and the Public Utilities Commission (PUC). Sincerely, ��,�C� Ci C74 0 Denny Laufenburger Mayor DL:ktm g3admin\(&cel a=W tnmmissiw linedgu - chan to chsska for Igu xmi uamminiao 09-26-2017.docx PH %2.227.11oo • taww.cl.Chanhassenan.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Appendix B F7.7.77' CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on May 24, 2018, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of hearing to consider a Conditional Use Permit for a transmission line located at the south intersection of Lyman Boulevard and Audubon Boulevard and zoned Agriculture Estate District (A2) Appticant/Owner Xcel Energy. to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this -.94 day of tdcij, 2018. of Public Kim T. Meuwissen, De Clerk �, JENNIFER ANN POTTER _ 3� Notary Public -Minnesota T. My Cornreri�iion EXpMM Jan 31, 2020 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 5, 2018 at 7:00 P.M. This hearing may not start until later in the evening, de ending on the order of the agenda. Location: City Hall Council Chambers 7700 Market Blvd. Proposal: Request for a Conditional Use Permit for a transmission line. Applicant: Xcel Energy Property south intersection of Lyman Boulevard and Audubon Boulevard Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2018-08. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff Questions & by email at saliaff(o)ci.chanhassen.mn.us or by phone at 952- Comments: 227-1134. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Manned Unit Developments. Site Plan Reviews. Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing, Any interested party is Invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertlnant information and a recommendation. These reports are available by request. At the Nanning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of Me hearing process. The Commission will Goes the public heading and discuss the Item and make a recommendation to the oty Council. The City Council may reverse, affirm or modify wholly or partly the Nanning Commission's recommendation. Rezonings, land use and code amendments lake a simple majority vote of the City Council except rezoning, and land use amendments from residential to commercialfndustiiat. • Minnesota State Statute 519,99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Nanning Department regarding its status add scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentalive is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(si. • Because the Nanning Commission holds Me public hearing, the City Counal does not. Mnules are taken and any correspondence regarding the application will be induced In the report to the City Councild you wish to have something to be induced in the report, lease contact Me Planning Staff person named on the notification. Date & Time: Tuesday, June 5, 2018 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the a enda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Conditional Use Permit for a transmission line. Applicant: Xcel Energy Property south intersection of Lyman Boulevard and Audubon Boulevard Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2018-08. If you wish to talk to someone about this project, please contact Sharmeen AI-Jaff by email at saliaffOci.chanhassen.mn.us or by phone at 952- Questions & 227-1134. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments. Site Plan Reviews, Conditional and Interim Uses, wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of Me application in writing. Any interested party is Invited to attend the meeting. • Staff prepares a report on the subject application that includes all per menl information and a recommendation. These reports are available by request. At Me Nanning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation, Rezonings. land use and code amendments lake a simple majority vote of the City Council except rezWings and land use amendments from residential to commeroiellmdustnal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with Me Nanning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review Me project with any interested person(s). • Because the Nanning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included In the report to the Clly Council. 0 you wish to have something to be indudetl in the report, lease contact the Planning Staff person named on Me notification. TA_X_NAME IND SCHOOL DIST 112 LOIS R DEGLER REV TRUST TAX_A_DD_Ll 11 PEAVEY RD TAX_ADD_L2 TAX_ADD_L3 MN 55318-2321 CHASKA 9111 AUDUBON RD CHANHASSEN MN 55317-9412 CHASKA CITY 1 CITY HALL PLAZA CHASKA MN 55318-1962 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 6/26/18 2018 08 ATTENTION Jean Olson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 6/26/18 1 CUP for Xcel Energy Transmission Line THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: SIGNED: J y Potter, (952) 227-1106 SCANNED N enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #2018-08 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: A transmission line to be located south of the intersection of Audubon and Lyman Boulevard. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described in the attached Exhibit A. 3. Conditions. Subject to the following condition as shown in the attached Exhibit B: Approval of the Conditional Use Permit is contingent upon final approval of the EA and a resolution declaring no need for an Environmental Impact Statement. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terns of this permit. 5. Laose. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordancewith the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: June 25, 2018 SEAL STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN By: Denny Lar en urge , Mayor By: Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me thiday ofajQ, 2018, by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. IoTNmN . M:jr-?Ml�n ISSEN NMtepu Wn DRAFTED BY: City of Chanhassen P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 T Notary Publ 2 NORTHERN STATES POWER N MINNESOTA EXHIBIT A SHEET 1 OF 2 SHEETS Certificate of Survey Location: Chaska, MN Grantor: Dean F. Degler, Dean F. Degler, as Trustee; Lois R. Degler, Lois R. Degler, as Trustee; Gayle O. Degler, Gayle O. Degler, as Trustee See sheet 2 of 2 for descriptions. Scale: 1"=100' \ \ -NWCOR.--- GOVT. LOT 2 NORTH LINE P.O.B. OF GOVT. LOT 2 GYM 4.28 CHAINS rc A S68°29'32"E \\� \ �VD ^' `3/ nr \�S'LYRIGHTOFWAY \\ 3)?90.� -1 m EASEMENT C/L \ \-' — S_' 80 OQ1°E N EASEMENT \ n- ✓ 4.2f I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LQ.WS OF THE STATE OF MINNESOTA. LINE: 5570 �' �`�✓/ �=s, �� PARCEL: #10 Deggler MIC�C�N LIC. NO.40035 SEC. 22, T. 116 N., R. 23 W., 5th P.M. CO.: Carver DATE / z - I $ - 1 7 NORTHERN STATES POWER MINNESOTA EXHIBIT A SHEET 2 OF 2 SHEETS Certificate of Survey Location: Chaska, MN Grantor: Dean F. Degler, Dean F. Degler, as Trustee; Lois R. Degler, Lois R. Degler, as Trustee; Gayle O. Degler, Gayle O. Degler, as Trustee "Property": Commencing at a ppost on center line of Section 22, Township 116, Range 23, which post bears South 4.28 chains from center post of said Section 22; thence South 15.32 chains to Quarter post; then North 44-112 degrees West 27.90 chains; thence East 15.32 chains; thence South 4.28 chains; thence East 4.28 chains to place of beginning situated in Lot 2, Section 22, Township 116, Range 23, Carver County, Minnesota. "Easement Area": A 75.00 foot wide easement over, under and across the herein before described 'Property" which lies 37.50 feet on each side of the following described centerline: Commencing at the northwest comer of Government Lot 2, Section 22, Township 116 North, Range 23 West; thence South 88 degrees 29 minutes 32 seconds East, along the north line of said Government Lot 2, a distance of 1849.64 feet to the point of beginning of the centerline to be described; thence South 64 degrees 36 minutes 23 seconds East 372.90 feet; thence South 77 degrees 58 minutes 01 second East 180.00 feet and there terminating. The sidelines of said easement are to be shortened or lengthened to intersect said north line of Government Lot 2. Containing: 0.88 acres, more or less, including right of way. 0.17 acres, more or less, in right of way. 0.71 acres, more or less, excluding right of way. LINE: 5570 PARCEL: #10 Degler SEC. 22, T. 116 9, R. 23 W., 5th P.M. CO.: Carver Exhibit B W eroeaer Ne �ra1eQ _ - _ C � PMW Men _t� -' C. , Lnemeav+n ^-r awn _.._,.N ��F� Legend Ao goo Proposed Transmission-CL Parcels by City y—IEnerW Proposed Transmission -ROW Chanhassen Iwo • �i Proposed structure Chaska � r Y rmnP4r1 �:e R.l `B Y Y t i Y ti 11RV Transmission line to i Hazeltine Sub CbeM/CFnnn..... MN Proposed Conditions Exhibit 2.1 CITY OF C HANHASSE N Chanhassen is a Community for Life- Providing forToday and PlanningforTomorrow June 26, 2018 Mr. Brian Sullivan Xcel Energy 414 Nicollet Mall — 414-06 Minneapolis, MN 55401 Re: Conditional Use Permit to allow a transmission line to be located south of the intersection of Audubon and Lyman Boulevard Planning Case #2018-08 Dear Mr. Sullivan: This letter is to confirm that on June 25, 2018, the Chanhassen City Council adopted the following motion: "The City Council approves Conditional Use Permit to allow a transmission line to be located south of the intersection of Audubon Road and Lyman Boulevard as shown in the attached Exhibit A — Planning Case 2018-08, subject to the following condition: 1. Approval of the Conditional Use Permit is contingent upon final approval of the Environmental Assessment and a resolution declaring no need for an Environmental Impact Statement." If you have any questions or need additional information, please contact me at (952) 227-1134 or by email at saljaff@ci.chanhassen.mn.us Sincerely, tg� Senior Planner g:\plan\2018 planning cases\18-08 - excel bunsn fission line lym blvd and audubon road\appmval leder.docx PH 952.227.1100 • www.cl.Chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Exhibit A -- --- - - - - -- IMs� N •\.\\Jill\\\.^l/J. a g Neo L CoU w �Sa N$o `A o Y • 'J 's iO \ S, ' C •C + CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2018-08 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 5, 2018 at 7:00 p-m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a Conditional Use Permit for a transmission line located at the south intersection of Lyman Boulevard and Audubon Boulevard and zoned Agriculture Estate District (A2) Applicant/ Owner Xcel Energy. A plan showing the location of the proposal is available for public review on the city's web site at www.ci.chanhassen. mn.us/2018-08 or at City Hall during regular business hours. AB interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen AI-Jaff, Senior Planner Email: sabaflIC-4.chanhassen. mn.us Phone: 952-227-1134 (Published in the Chanhassen Villager on Thursday, May 24, 2018- No 4586) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. y� L was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuvwx�yz� r• Laurie A. Harunann Subscribed and sworn before me on this,2�Lday ofJ_)_4} 2018 N blic JYMME JEANNETTE BARK NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRES 01/31/23 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $12.97 per column inch SCANNEC