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HRA 1986 06 19AGENDA CHANHASSEN HOUSING AND REDEVELOPMENT AUTHORITY THURSDAY, JUNE 19, 1986 CITY COUNCIL CHAMBERS 1. Call To Order 2. 3. 4. 5. 6. 7. 8. Approval Of Minutes Review CHADDA Final Agreement Broadened Study Area Update Approval of Bills Old Business New Business Adjournment HOUSING AND REDEVELOPMENT AUTHORITY MINUTES MAY 22, 1986 Chairman Whitehill called the meeting to order at 7:30 p.m. Present were Commissioners Horn, Bohn, Swenson and Robbins. Also present was Don Ashworth, City Manager. APPROVAL OF MINUTES: Motion by Robbins, seconded by Bohn to approve the minutes of April 17, 1986. All voted in favor and the motion carried. SPECIAL ASSESSMENT REDUCTION PROGRAM, VICTORY ENVELOPE: The Commission reviewed the enclosures submitted by City Manager, Don Ashworth. In addition, the letter of Mr. Jerome Carlson was read into the record. Generally, Commissioners agreed that some form of credit should be achieved to insure that Victory Envelope was treated similar to other businesses locating within the busi- ness park. Chairman Whitehill moved, seconded by Robbins that: - The City Manager research mechanisms by which the unused portion of the 78 reduction program be reserved as the maximum reduction available to Victory Envelope for anticipated future assessments; and - That the City Manager include in the feasibility study contract for the downtown area the,proposed public improvements bringing County Road 17 from its current rural standard to an urban roadway. All voted in favor and the motion carried. SPECIAL ASSESSMENT REDUCTION PROGRAM, ROME DEVELOPMENT CORP: The Commission discussed the abnormality that exists regarding the valuation of the Enebak property within the business park, i.e, current outstanding special assessments, taxes, penalties and interest currently exceed the market value of adjoining par- cels. The Commission further discussed the desirability of placing this parcel back onto the tax roles, through anticipated construction by Rome Development, versus having development delayed by two to three years to complete the state forfeiture process. Chairman Whitehill moved, seconded by Robbins that: - The City Manager proceed with obtaining an appraisal of the Enebak parcel; and - That the Manager confirm that Mr. Enebak has offered to sell the parcel at 108 of its appraised value - such to avoid forfeiture; and - That the City Manager authorize the attorney's office to prepare a resale agreement to Rome Development HOUSING AND REDEVELOPMENT AUTHORITY MINUTES MAY 22, 1986 PAGE 2 Corporation at an amount equal to 1008 of the appraised value, conditioned upon Mr. Roos submitting a development proposal for said property including anticipated completion dates; and - That the sale document include necessary reversion and penalty clauses binding Mr. Roos to completion of the project. All voted in favor and the motion carried. LAKE SUSAN PARK ACQUISITION: The City Manager reviewed various development potentials which may occur on Outlot B within Chanhassen Lakes Business Park (parcel lying directly north of the City's well house property). The Manager noted that at the original time of platting, Lake Drive East was anticipated to abut the northerly edge of the well house property (the well house was constructed by the Housing and Redevelopment Authority to provide water to the business park - park shelter amenities of this structure paid via park monies). Soil conditions necessi- tated moving Lake Drive East to the north and thereby created a landlocked condition for the well house property. Sunnybrook's development proposal has been approved by the City Council directly to the east of the well house property.^ Additionally, the Council has approved the feasibility study for the construc- tion of Lake Drive East (conditioned upon Sunnybrook's financing /submittal of letters of credit). Following action by the City Council to approve the feasibility study for Lake Drive East, both Opus and Sunnybrook approached the Housing and Redevelopment Authority asking that the special assessment reduction program be expanded to include properties abutting Lake Drive East (from County Road 17 to Highway 101). The request would also encompass properties owned by the Martin Ward Estate. The HRA acted favorably to this request by instructing the Manager.to prepare a draft modification to the current special assessment reduction document which would include Lake Drive East (draft copy has been included in commissioner packets for discussion later in this agenda). The Manager reviewed various potential development alternatives for Outlot B (parcel landlocking the well house parcel from Lake Drive East), including: private development potentials, public development potentials of the entire piece, and public development potentials of less than the entire parcel. The HRA generally agreed that acquisition of Outlot B should be considered prior to final platting and prior to Opus Corporation's establishment of a value on this parcel. The HRA also agreed that any potential sale should be conditioned upon Sunnybrook's HOUSING AND REDEVELOPMENT AUTHORITY MINUTES MAY 22, 1986 PAGE 3 obtaining financing for their project, submittal of letters of credit guaranteeing road construction, entering in execution of the development contract /plat /award of bids for Lake Drive East. The Manager noted that current financial projections do not include the expenditure for Outlot B, but that those same projec- tions do not include construction of the Sunnybrook Development. Based on current facts, repayment of the costs of the acquisi- tion, assuming Sunnybrook does become a reality, would be less than one -half of a year tax statement for Sunnybrook. Although the BRA generally favored moving ahead with the acquisi- tion, the HRA concluded that any.final action should be withheld until after the Park and Recreation Commission reviewed this item and determined that they would desire to see this parcel added to the City's Comprehensive Park Plan. CONSIDER FEASIBILITY STUDY PROPOSALS: Downtown Street, Utility Stormsewer: The HRA reviewed the reports submitted by the City Manager's office noting that both proposals (BRW and RCM) were comprehensive and met city stan- dards. Additionally, either firm would provide excellent results for the HRA. The Manager noted that, as RCM is currently under contract with two other projects, that the BRW proposal is recom- mended. Additionally, the Manager believes that the BRW proposal would provide a cost savings of approximately $10,000. Following discussion, Swenson moved, seconded by Whitehill that the feasibility study submitted by BRW be accepted and that the Chairman /Manager should execute this contract. The following voted in favor: Commissioners Whitehill, Bohn, Robbins, and Swenson. Commissioner Horn voted against. Motion carried. Stormwater Management Plan - Barr Engineering: The Manager noted the overlapping nature of the proposed "chain of lakes" preservation project and the HRA's Stormwater Management Plan. Barr Engineering has been awarded the engineering contract for the chain of lakes project. Accordingly, the proposal received from Barr Engineering for the BRA project is significantly lower than general proposals received approximately two years ago. The Manager recommends that the HRA consider accepting the feasi- bility study proposal from Barr Engineering. Swenson moved, seconded by Bohn that Plan Feasibility Study proposal from accepted. All voted in favor and th, APPROVAL OF BILLS: Whitehill moved, bills as submitted be approved. All carried. the Stormwater Management Barr Engineering be B motion carried. seconded by Swenson that the voted in favor and the motion HOUSING AND REDEVELOPMENT AUTHORITY MINUTES MAY 22, 1986 PAGE 4 SPECIAL ASSESSMENT REDUCTION PROGRAM: The Manager noted that the draft document included in commissioner's packets made two changes to the existing program: - A new section has been added which modifies the maximum special assessment reduction calculation. 78 of construc- tion value remains in the redraft, but a new section has been inserted allowing for a calculation of 128 of the construction value. This higher percent for determining the maximum deduction would only occur if the total special assessments against a parcel exceeded $30,000 per acre. The Manager noted that this section modification has occurred through a request from Opus Corporation wherein they noted that several lots in the northwestern portion of the existing business park have soil conditions necessi- tating major reconstruction of utilities /streets. Without this modification, Opus would not maintain its current com- petitive edge in marketing Chanhassen properties. The HRA agreed that the Manager should pursue modifying the special assessment reduction program to allow this two tier form of reduction; and - Properties abutting the newly proposed Lake Drive East (new road lying south of the railroad tracks between County 17 and TH 101) has been added to the special assessment reduc- tion program per direction of the HRA. Whitehill moved, seconded by Robbins that the draft special assessment reduction document, as prepared by the City Attorney, Roger Knutson, and dated May 8, 1986 be approved. All voted in favor and the motion carried. ADJOURNMENT: Whitehill moved, seconded by Bohn that the Housing and Redevelopment Authority adjourn at 10:40 P.M. All voted in favor and the motion carried. Prepared by: Don Ashworth City Manager 3 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 MEMORANDUM TO: Housing and Redevelopment Authority FROM: Barbara Dacy, City Planner)— DATE: June 13, 1986 SUBJ: CHADDA Agreement Attached is the final draft of the agreement with CHADDA. The City Attorney will be present on Thursday evening to discuss this with the Commission. 3750 IDS Tower 1500 E. First National Bank Building Magruder Building DOHERTY RUMBLE 80 South Eighth Street 332 Minnesota Street 1625 M Street, N.W. Minneapolis, Minnesota 55402 -2252 Saint Paul, Minnesota 55101 -1391 Washington D.C. 20036 & BUTLER Telephone (612) 340 -5555 Telephone (612) 291 -9333 Telephone (202) 296 -7663 Telex 290 -635 Telecopier(612) 291 -9584 Telecopier(202) 223 -8790 PROFESSIONAL ASSOCIATION Attorneys at Law J. C. Foote Frank Clayboume John L. Hannaford Perry M. Wilson, Jr. T. Jerome Halloran Henry D. Flasch Eugene M. Warlich James K Wittenberg John J. McGirl, Jr. Thomas E. Rohncht Boyd H. Rarchye Dean R. Edstrom Ralph K. Morris Bruce E. Hanson J. Lawrence McIntyre Richard A. Wilhott William J, Cosgriff James A. Stolpestad Russell C. Brawn Stephen E. Smith Gary L. Gandrud James 1. Ryan Ronald A. Zamanaky Kimball J. Devoy C, Robert Beanie David G. Martin Jonathan P. Stull Timothy R. Quinn Alan 1. Silver James R. Crasaweller John A. Yilek Jeffrey B. Oberman Gregory A. Kvam Penelope A. Hum Philip L. Erickson William L. Sippel Gary Hansen David P. Dvson Edward F. Fox Mary E. Probst Kareen R. Ecklund David M. Cremrns John E. Vukelich Terenre P. Durkin EI.I,a,h Hoene Lisa M. Hurwitz Sue Ann Nelson Brent D. Bostrom Ann E. Tobin Thomas F. Surmenant Lon Wiese -Parks Donald S. McCauley, It Jeffrey A. Redmon David P Swanson Ronald D. McFall Robert P. Mandel Susan C. Wemganner Patrick Gamy Toma T. Kiltelson Enn K Jordahl MarcI Manderscheid Dawn L Gagne Donald W. Niles Gera M. Setaer Martha Clark Janis M. Clay Of Co.."] Irving Clark Daniel W. O'Brien William B. Randall Frank S. Farrell Richard H. Magnuson George C. King Carl A. Swenson Richard B. Peterson Writer's direct dial number: (612) 340 -5594 June 9, 1986 Reply to Minneapolis office RECE; 4 -D JUN 111986 Roger N. Knutson, Esq. CITY OF CHANHASSEM Grannis, Grannis, Farrell & Knutson P. O. Box 57 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 Re: CHADDA Agreement with Chanhassen HRA Dear Mr. Knutson: I have made most of the changes suggested in your May 23, 1986 letter. Enclosed is a red -lined rerun of this agreement showing them. By copy of this letter to Brad Johnson, I would advise him that the master redeveloper status is shortened from five to three years (paragraph 2), that the discretion of the HRA to accept a redevelopment proposal is broadened (paragraph 3), but failure of the HRA to respond to a proposal is deemed rejection, not acceptance, as under the earlier draft (paragraph 3), and that the requirement of the HRA to use best efforts to cause the City to perform public improvements is changed to "reasonable" efforts. I have preserved the language of the earlier draft in paragragh 6 regarding submissions by third parties. It was an essential feature of the proposal that any other redevelopment proposed in the downtown Chanhassen area be submitted through CHADDA and that CHADDA would, in turn, incorporate such proposal in a formal proposal to the HRA. Present fee owners would be excepted from this requirement. DOHERTY RUMBLE & BUTLER PROFESSIONAL ASSOCIATION Roger N. Knutson, Esq. June 9, 1986 Page 2 Any of the recipients of this document should feel free to call with comments. Sincerely, Jonathan P. Scoll JPSltr92 /hjl Enclosure cc: Mr. Bradley Johnson (w /enc) Mr. Donald Ashworth (w /enc) Mr. Larry Smith (w /enc) John Rice, Esq. (w /enc) Mr. Herbert Bloomberg (w /enc) JPSdocl6 06 -09 -86 MASTER REDEVELOPMENT AGREEMENT THIS AGREEMENT made on or as of the day of , 19 , by and between CHADDA, a Minnesota joint venture having its principal office at (hereinafter "Redeveloper "), and THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR CHANHASSEN, MINNESOTA, a public body corporate and politic (hereinafter referred to as the "Authority ") established pursuant to Laws of Minnesota 1947, Chapter 487, as amended, and having its principal office at , Chanhassen, Minnesota. WITNESSETH: WHEREAS, the Authority has undertaken a program for the clearance and reconstruction or rehabilitation of blighted, deteriorated, deteriorating, vacant, unused, underused or inappropriately used areas of the City of Chanhassen ( "City ") in an area (hereinafter referred to as the "Redevelopment Area ") located in the City; and WHEREAS, as of the date of this Agreement, there has been prepared and approved by the Authority and the City Council of the City pursuant to Minnesota Statutes Sections 462.515 and 462.521 a redevelopment plan, which plan, as now or hereafter amended, is hereinafter referred to as the "Redevelopment Plan "; and WHEREAS, a major objective of the Redevelopment Plan is to stimulate and revitalize the downtown commercial area of the City into a strong community -level retail center by the rehabilitation and new construction of certain business property therein; and WHEREAS, the development and redevelopment contemplated by this Agreement will provide the impetus for the achievement of the objectives of the Authority as above set forth; NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. Adoption of Redevelopment Plan. Immediately following execution of this Agreement, the Authority shall submit the Redevelopment Plan to the City Planning Commission and the City Council for their approval pursuant to Minnesota Statutes Section 462.525.4 2. Desiqnation of Redeve r of Redevelopment Area. Subject to all the terms and conditions o this Agreement, the Authority hereby grants to the Redeveloper the exclusive right to4submit redevelopment proposals in the - 1 - JPSdocl6 06 -09 -86 Redevelopment Area, or any portion thereof, and to purchase certain properties therein from the Authority, if and when the same are acquired by the Authority, as hereinafter described. The re uest to redevelop the Redevelopment Area shall be conditioned on compliance by the Redeveloper with all of the terms and conditions of this Agreement and shall commence as of the date hereof and shall continue for a period ofAthree (3) years from the date of this Agreement, unless sooner terminated as herewith provided. Notwithstanding the foregoing, in the event the Redeveloper shall fail to submit an accepted Proposal for a particular improvement as scheduled on the Phase Schedule described in Paragraph 7 within six (6) months of the tentative date established therefor on such Phase Schedule, then the Authority may terminate this Agreement by sixty (60) days notice in writing to Redeveloper, without prejudice however, to any redevelopment contract entered into pursuant to the terms hereof. 3. Submission of Proposal. The exclusive right of the Redeveloper to propose redevelopment of any particular parcel of property within the Redevelopment Area, including its right to purchase from the Authority any parcel acquired by the Authority therein, shall be exercised by the Redeveloper giving notice to the Authority, such notice ( "Proposal ") to contain the following information: (a) A description of the parcel and the proposed use (which shall be in conformity with the Redevelopment Plan); (b) The anticipated date for commencement and completion of T construction; (c) A description of the public and private improvements associated with the proposed construction, and the estimated costs of each; (d) The proposed method of financing the public and private improvements, including, if tax increment revenues are to be employed, anticipated tax increment generated by improvements and the nature and timing of application of tax increments to the financing of the improvements; (e) The mode or method of acquisition of the parcel, as more particularly set forth in Paragraph 5, below; and (f) Feasibility study for the proposed improvement. The Authority, which shall have complete discretion in the matter, shall, within sixty (60) days, accept or reject a Proposal (and failure to respond in writing shall be deemed/1 rejection). In the event the Proposal is rejected, in whole or in part, the Authority shall itemize the reasons for such rejection, and afford the Redeveloper a further sixty (60) days to amend or correct the Proposal to conform the same to the objections of the Authority. Upon acceptance of a Proposal, the - 2 - JPSdocl6 06 -09 -86 Authority shall submit to the Redeveloper a redevelopment contract for the parcel./I 4. Assignment of Proposal or Project. The Redeveloper shall have the right at all times to assign a Proposal or the project which is the subject thereof to another firm, person or entity reasonably acceptable to the Authority. Any proposed assignee shall demonstrate to the Authority financial ability and development expertise commensurate with the nature and scope of the particular project. Upon any approved assignment, any reference herein to the Redeveloper shall, with respect to such parcel, be deemed to mean and include such approved assignee. 5. Parcel Acquisition. The following shall be the order of preference for acquisition of any parcel within the Redevelopment Area: (i) private acquisition through negotiation by the Redeveloper, without public assistance or condemnation; (ii) private acquisition by the Redeveloper through negotiation, with financial assistance from the City or Authority, as applicable, to reduce identified costs as, for example, site preparation or soil correction, to the extent permitted by applicable law; (iii) condemnation by the Authority (it being understood that the Authority shall only be required to use its best efforts to acquire such parcel and, if acquired, to clear and convey marketable title), with the Redeveloper paying to the Authority such amounts as the Authority shall have been required to pay pursuant to condemnation; and (iv) condemnation by the Authority, as aforesaid, with public assistance to the Redeveloper upon the resale of the property to the Redeveloper. In the event any parcel is acquired by condemnation, as aforesaid, and in addition to any other terms of any redevelopment contract, the Redeveloper shall be contractually obligated (i) to construct improvements thereon within a reasonable time after conveyance of the parcel to the Redeveloper; (ii) to utilize the property so acquired only in accordance with the Redevelopment Plan as then in effect; (iii) to develop the property acquired and not employ the same for speculation in land holding; and (iv) to provide the Authority with such assurances and guaranties in the Redevelopment Contract as may now or hereafter be required by law. 6. Third Party Proposals. During the term of this Agreement, any third party interested in any redevelopment within the Redevelopment Area shall be referred to the Redeveloper, in writing, and shall be advised by the Authority of the terms and conditions of this Agreement. The Redeveloper shall use its best efforts to reach an agreement with said third party resulting in a submission of a proposal including such third party pursuant to Paragraph 3, above. Any fee owner as of the date of the execution of this Agreement of real property within the Redevelopment Area shall be exempted from the provisions of this Agreement insofar as it grants to the Redeveloper the exclusive right toy propose redevelopment within the Redevelopment Area, provided,iiowever, that no improvement undertaken by such - 3 - JPSdocl6 06 -09 -86 property owner shall be inconsistent with the terms and conditions of the Redevelopment Plan, as from time to time amended. 7. Public Improvements. Appended to this Agreement is a phase schedule ( "Phase Schedule ") showing the nature and timing of development of both public and private improvements in the Redevelopment Area pursuant to this Agreement. The Authority shall use reasonable efforts to cause such public improvements to — be installed or constructed by the City in the manner set forth in the Phase Schedule in accordance therewith, provided, however, that the development or installation of such public improvements shall be contingent upon the execution of individual redevelopment contracts for the corresponding private improvements as established in the Phase Schedule, as the same may be amended from time to time. 8. Notices. All notices required or given under this Agreement shall be in writing and shall be effective upon delivery in the event of personal delivery and one (1) day following posting in the United States mail when sent by certified mail, return receipt requested, postage prepaid, addressed to the parties at the following addresses: Authority: Redeveloper: or to such other addresses as the parties may hereafter designate to the other party. 9. Binding Agreement. The rights, duties and obligations created hereunder shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. 10. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Minnesota. - 4 - �JPSdocl6 06 -09 -86 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto affixed and the Redeveloper has caused this Agreement to be duly executed in its corporate name and behalf as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF CHANHASSEN, MINNESOTA By: Its Chairman and By: Its Executive Director CHADDA, a Minnesota general partnership By: General Partner and By: General Partner - 5 - JPSdoc16 05 -08 -86 MASTER REDEVELOPMENT AGREEMENT THIS AGREEMENT made on or as of the day of , 19 , by and between CHADDA, a Minnesota joint venture having its principal office at er" (hereinafter "Redeveloper"), ), and THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR CHANHASSEN, MINNESOTA, a public body corporate and politic (hereinafter referred to as the "Authority ") established pursuant to Laws of Minnesota 1947, Chapter 487, as amended, and having its principal office at Chanhassen, Minnesota. WITNESSETH: WHEREAS, the Authority has undertaken a program for the clearance and reconstruction or rehabilitation of blighted, deteriorated, deteriorating, vacant, unused, underused or inappropriately used areas of the City of Chanhassen ( "City ") in an area (hereinafter referred to as the "Redevelopment Area ") located in the City; and WHEREAS, as of the date of this Agreement, there has been prepared and approved by the Authority and the City Council of the City pursuant to Minnesota Statutes Sections 462.515 and 462.521 a redevelopment plan, which plan, as now or hereafter amended, is hereinafter referred to as the "Redevelopment Plan "; and WHEREAS, a major objective of the Redevelopment Plan is to stimulate and revitalize the downtown commercial area of the — City into a strong community -level retail center by the rehabilitation and new construction of certain business property therein; and ^ WHEREAS, the development and redevelopment contemplated by this Agreement will provide the impetus for the achievement of the objectives of the Authority as above set forth; NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. Adoption of Redevelopment Plan. Immediately following execution of this Agreement, the Authority shall submit the Redevelopment Plan to the City Planning Commission and the City Council for their approval pursuant to Minnesota Statutes Section 462.525 and the Authority shall employ its best efforts — to obtain City approval of the same, time being of the essence. 2. Designation of Redeveloper as Master Redeveloper of Redevelopment Area. Subject to all the terms and conditions of this Agreement, the Authority hereby grants to the Redeveloper - 1 - JPSdoc16 05 -08 -86 the exclusive right to redevelop the Redevelopment Area, or any portion thereof, and to purchase certain properties therein from the Authority, if and when the same are acquired by the Authority, as hereinafter described. The exclusive right to redevelop the Redevelopment Area shall be conditioned on compliance by the Redeveloper with all of the terms and conditions of this Agreement and shall commence as of the date hereof and shall continue for a period of five (5) years from the date of this Agreement, unless sooner terminated as herewith provided. Notwithstanding the foregoing, in the event the Redeveloper shall fail to submit an accepted Proposal for a particular improvement as scheduled on the Phase Schedule described in Paragraph 7 within six (6) months of the tentative date established therefore on such Phase Schedule, then the Authority may terminate this Agreement by sixty (60) days notice in writing to Redeveloper, without prejudice however, to any redevelopment contract entered into pursuant to the terms hereof. 3. Submission of Proposal. The exclusive right of the Redeveloper to propose redevelopment of any particular parcel of property within the Redevelopment Area, including its right to purchase from the Authority any parcel acquired by the Authority therein, shall be exercised by the Redeveloper giving notice to the Authority, such notice ( "Proposal ") to contain the following information: (a) A description of the parcel and the proposed use (which shall be in conformity with the Redevelopment Plan); (b) The anticipated date for commencement and completion of construction; (c) A description of the public and private improvements associated with the proposed construction, and the estimated costs of each; (d) The proposed method of financing the public and private improvements, including, if tax increment revenues are to be employed, anticipated tax increment generated by improvements and the nature and timing of application of tax increments to the financing of the improvements; (e) The mode or method of acquisition of the parcel, as more particularly set forth in Paragraph 5, below; and (f) Feasibility study for the proposed improvement. The Authority shall, within sixty (60) days, accept or reject a Proposal (and failure to respond in writing shall be deemed acceptance). In the event the Proposal is rejected, in whole or in part, the Authority shall itemize the reasons for such rejection, and afford the Redeveloper a further sixty (60) days to amend or correct the Proposal to conform the same to the objections of the Authority. Upon acceptance of a Proposal, the - 2 - JPSdocl6 05 -08 -86 Authority shall submit to the Redeveloper a redevelopment contract for the parcel within thirty (30) days of such acceptance, which redevelopment contract shall be consistent with the Proposal and with this Agreement. 4. As of Proposal or Proiect. The Redeveloper shall have the right at all times to assign a Proposal or the project which is the subject thereof to another firm, person or entity reasonably acceptable to the Authority. Any proposed assignee shall demonstrate to the Authority financial ability and development expertise commensurate with the nature and scope of the particular project. Upon any approved assignment, any reference herein to the Redeveloper shall, with respect to such parcel, be deemed to mean and include such approved assignee. 5. Parcel Acquisition. The following shall be the order of preference for acquisition of any parcel within the Redevelopment Area: (i) private acquisition through negotiation by the Redeveloper, without public assistance or condemnation; (ii) private acquisition by the Redeveloper through negotiation, with financial assistance from the City or Authority, as applicable, to reduce identified costs as, for example, site — preparation or soil correction, to the extent permitted by applicable law; (iii) condemnation by the Authority (it being understood that the Authority shall only be required to use its best efforts to acquire such parcel and, if acquired, to clear and convey marketable title), with the Redeveloper paying to the Authority such amounts as the Authority shall have been required to pay pursuant to condemnation; and (iv) condemnation by the Authority, as aforesaid, with public assistance to the Redeveloper upon the resale of the property to the Redeveloper. In the event any parcel is acquired by condemnation, as aforesaid, and in addition to any other terms of any redevelopment contract, the Redeveloper shall be contractually obligated (i) to construct improvements thereon within a reasonable time after conveyance of the parcel to the Redeveloper; (ii) to utilize the property so acquired only in accordance with the Redevelopment Plan as then in effect; (iii) to develop the property acquired and not employ the same for speculation in land holding; and (iv) to provide the Authority with such assurances and guaranties in the Redevelopment Contract as may now or hereafter be required by law. 6. Third Party Proposals. During the term of this Agreement, any third party interested in any redevelopment within the Redevelopment Area shall be referred to the Redeveloper, in writing, and shall be advised by the Authority of the terms and conditions of this Agreement. The Redeveloper shall use its best efforts to reach an agreement with said third party resulting in a submission of a proposal including such third party pursuant to Paragraph 3, above. Any fee owner as of the date of the execution of this Agreement of real property within the Redevelopment Area shall be exempted from the provisions of this Agreement insofar as it grants to the Redeveloper the exclusive - 3 - JPSdocl6 05 -08 -86 right to develop or redevelop parcels within the Redevelopment Area, provided, however, that no improvement undertaken by such property owner shall be inconsistent with the terms and conditions of the Redevelopment Plan, as from time to time amended. 7. Public Improvements. Appended to this Agreement is a phase schedule ( "Phase Schedule ") showing the nature and timing of development of both public and private improvements in the Redevelopment Area pursuant to this Agreement. The Authority shall use its best efforts to cause such public improvements to be installed or constructed by the City in the manner set forth in the Phase Schedule in accordance therewith, provided, however, that the development or installation of such public improvements shall be contingent upon the execution of individual redevelopment contracts for the corresponding private improvements as established in the Phase Schedule, as the same may be amended from time to time. 8. Notices. All notices required or given under this Agreement shall be in writing and shall be effective upon delivery in the event of personal delivery and one (1) day following posting in the United States mail when sent by certified mail, return receipt requested, postage prepaid, addressed to the parties at the following addresses: Authority: Redeveloper: or to such other addresses as the parties may hereafter designate to the other party. 9. Binding Agreement. The rights, duties and obligations created hereunder shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. 10. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Minnesota. JPSdocl6 05 -08 -86 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto affixed and the Redeveloper has caused this Agreement to be duly executed in its corporate name and behalf as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF CHANHASSEN, MINNESOTA By: Its Chairman and By: Its Executive Director CHADDA, a Minnesota general partnership By: General Partner and By. General Partner 5 - • eras r• r • a • • r • xRZT. • W L J 4 is •- SETTLEMENT INFORMATION: Union Contract Duration Wage Adjustments Insurance Adjustments Language Changes or Other Modifications INTEREST ARBITRATION INFORMATION: (Simply attach a copy of the award. You may wish to use the space below to expand on the information contained in the award.) GRIEVANCE ARBITRATON INFORMATION: (Simply attach a copy of the award. You may wish to use the space below to expand on the information contained in the award.) COURT DECISIONS: (Please attach a copy of the decision if you have one.) Name of Case Court Hearing Case Date of Decision Issues Addressed UPCOMING EDUCAT: Program Sponsor OPPORTUNITIES: Dates Location Cortact INFORMATION ON MEMBER ACTIVITIES: ( Appointments, Promotions, Transfers) • r�• yam_ • ��14�i?+ NEWSLETTER INFORMATION SHOULD BE SENT TO LYNF.LLE WOOD, DEPARTMENT OF EMPLOYEE RELATIONS, 3RD FLOOR, SPACE CENTER BUILDING, 444 LAFAYETTE ROAD, ST. PAUL, MN 55101. • !1D /_yl • 71' • •. I• • ' 91 91• • I' �I• SE ri LEM NT INFORMATION: Union Contract Duration Wage Adjustments Insurance Adjustments Language Changes or Other Modifications INTEREST ARBITRATION INFORMATION: (Simply attach a copy of the award. You may wish to use the space below to expand on the information contained in the award.) GRIEVANCE ARBITRATON INFORMA'T'ION: (Simply attach a copy of the award. You may wish to use the space below to expand on the information contained in the award.) COURT DECISIONS: (Please attach a copy of the decision if you have one.) Name of Case Court Hearing Case Date of Decision Issues Addressed UPCOMING EDUCATIONAL OPPORTUNITIES: Program Sponsor Dates ON MEMBER ACTIVITIES: (Appointments, Prcmotions, Transfers) O'T'HER ITEMS OF INTEREST: NEWSLETTER INFORMATION SHOULD BE SENT TO LYNF.LLE WOOD, DEPARTMENT OF EMPLOYEE RELATIONS, 3RD FLOOR, SPACE CENTER BUILDING, 444 LAFAYETI'E ROAD, ST. PAUL, MN 55101. CHANHASSEN HOUSING & REDEVELOPMENT AUTHORITY Iml 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN. MINNESOTA SS317 (612) 937 -1900 MEMORANDUM TO: Housing and Redevelopment Authority FROM: Barbara Dacy, City Planner DATE: June 13, 1986 SUBJ: Broadened Study Area Schedule Attached is a letter from Fred Hoisington stating that the draft report for the Broadened Study Area originally scheduled for the June 19th meeting will be presented at the July 17, 1986 BRA meeting. Mr. Hoisington has indicated that because of the juris- dictional issues recently raised by MnDOT regarding T.H. 101, it was imperative that the consultants, Carver County, Hennepin County, and MnDOT meet to discuss the impacts that the jurisdic- tional status could have on the proposed alternative scenarios. BD:v Hoisington Group Inc. Land use Consultants June 3, 1986 Mr. Donald Ashworth City Manager City of Chanhassen 690 Coulter Drive Chanhassen, Minnesota 55317 Re: Broadened Study Area Schedule Don: As you know, we had been shooting for a June 19 presentation of the draft BSA report_ to the KRA. Due to the jurisdictional issues raised by STH 101 and our efforts to resolve that matter in Chanhassen's best interests, we will be unable to meet the previous schedule. We meet today with MnDOT, Hennepin County and Carver County representatives to discuss the jurisdiction of STH 101. We will be asking them to respond to our findings, and to meet again within 30 days to agree on a jurisdictional system. Since the report could be dramatically different given the alternative scenarios, it would be ill advised to complete it before we, at least, have a feel for the probable outcome. We will try to hustle the protagonists along in anticipation of report completion in July. We will know more, of course, after our meeting today. If you have questions or concerns, give me a call. Sincerely, F�red WHoisington 7300 Metro Blvd, Suite 525 Edina. MN 55435 (612) 835 -9960 . JUN 4 1986 CLLR OF Cr+Atvr +At�S6 "1 r ANHASSEN H.R.A. A C C 0 U N T S P A Y A B L E 06-16-86 PAGE 1 ECK f A 11 8 U N Ia I T C 2-C 2 2 21 31 3 4 4 2 24 05 5 25 6 6- a 2 026644 - 26,008.79 CITY OF CHANHASSEN SPL ASSESSMENT PAYMENTS 026645 --- - --- 776.00 NATIONAL GUARDIAN FEES, SERVICE '--- -- -- ----3----26i97Ie+1--CHECKS WRITTEN-------- TOTAL OF 3 CHECKS TOTAL 26,971.11 13 14 15 6 Ia 37 2-C 21 31 r 23 24 25 26 7 37 3-8 30 31 0 32 33 3-5 36 37 3-8 39 40 4-1, 4:21 13 44 ___CH ANH 34 r 3-5 36 37 3—e 39 1 41 40 CHECK I A N 0 U N T C L A I M A N I P U R P 0 S E 026546 6,749.66 BRAUER & ASSOCIATES FEES, SERVICE 0 7 62650 ------- I -j-26.-66 GRANNIS, CAMPBELL, FEES SERVICE 9 2 7,969.66 CHECKS WRITTEN IU TOTAL OF 2 CHECKS TOTAL 7,969.66 13 r 14 is 16 r 17 IB 15 r Lo 21 34 r 3-5 36 37 3—e 39 1 41 40 r I4 34 r 3-5 36 37 3—e 39 1 41 40 l Bill To: Ms. Barbara Dacy City Planner Chanhassen HRA 690 Coulter Drive P.U. Box 147 Chanhassen, MN 55317 Terms: DUE "PON RECEIPT INVOICE q60 — //R s�( 4MO Date: 4/25/86 Invoice No: 1986169 B &A Job No: 85 -41 Broadened Study Area For professional services including: • Meeting with MnDOT on 4/14/36 • Fleeting with Don and Bill on 4/10/86 • Meeting with Chris Encer & Gene Dietz un 4/11/86 • Formulation of an alignment recommendation for West 78th Street at Powers • Fleeting with Don, Bill and Barb on 4/14/86 • Meeting with Chanhassen HRA on 4/17/86 • Meeting with Bill Monk on 4/29/86 • General Project coordination • Traffic engineering including: • Computation of year 2005 traffic forecast and analysis on baseline network review of analysis results with City staff, County Engineer, and HRA developed candidate solutions • Revised candidate solutions with City Engineer and MnUOT staff • Initiated work on next set of traffic forecasts FEES: Senior Pro ----- - - - - -- 37.25 hrs. P 60.00 hr. $ 2,235.00 Pro ----------- - - - - -- 42.00 hrs. 0 45.00 hr. 1,890.00 Pro ---------- - - - - -- 60.00 hrs. 0 35.00 hr. 2,100.00 Tech III ------- - - - - -- 2.50 hrs. 0 25.00 hr. 62.50 TOTAL FEES 6,287.50 Expenses: Parking /Mileage ------ ---- ------ ---- -- - - ---- S 19.00 Copies -------- ------- --- ---------- --- - -- --- 15.75 Prints ------ ------ ----- ----- ---- ----------- 12.36 TOTAL EXPENSES $ 47.11 TOTAL 4/25/86 INVOICE $ 6,334.61 Bill To: Ms. Barbara Dacy City Planner Chanhassen HRA 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Terms: DUE UPON RECEIPT INVOICE Date: 4/25/86 Invoice No: 1986171 B &A Job No: 85 -20 Continuing Services For professional services including: • Meeting with Barb Dacy on 4/1/86 regarding CBD Zoning • Discussion with Don and Barb regarding CBD Zoning • Development of a platting concept for the Burdick & James properties • Meeting with Barb and Bill on 4/22/86 • Meeting with Barb and Don on 4/29/86 regarding NSP FEES: Senior Pro ----- - - - - -- 7.50 hrs. @ 60.00 hr. TOTAL FEES EXPENSES: Photocopies-------------------------------- CREDIT for purchase of 12 Downtown photos at $3 each TOTAL EXPENSES TOTAL 4/25/86 INVOICE $ 450.00 450.00 $ 1.05 -36.00 $ -34.95 $ 415.05 ,n Ashworth /Gty of Chanhassen _ HRA ��y� P.O. Box 147 - A �4 - Chanhassen, MN 55317 Professional services rendered in re: 04/08/86 MCR Telephone conferences with Jean Shively, .20 14.00 -� arver County Attorney's off'ce. 04/08/86 K Review HRA ag n a materials. .20 16.00 04/15/86 MCR Instant Web Building - meeting with 1.50 105.00 Carver County personnel in Chanhassen re: County Road 16. 04/15/86 MSV Chanhassen Mall - highway right -of -way - 1.50 105.00 conference in Chaska with County and Cecelia. 04/16/86 MCR Instant Web - drafting of letters to 1.00 70.00 heirs of Arnold Schutrop; organization 04/17/86 04/18/86 04/18/86 104 special Assessment Reduction program conference with Roger Knutson; review, of file. Special Assessment Reduction program telephone conference with Barb Dacey re: plan modifications- review of file Instant Web - re- drafting of letters tc Subtotals for FEES only: 2.50 175.00 .20 14.00 1.30 91.00 :�M 1.20 36.00 .60 42.00 .20 6.00 5.50 385.00 6.50 455.00 2.50 175.00 $1,745.00 Total Due: $1,745.00 Arnold Schutrop heirs; drafting of Quit Claim Deeds; file search for City deed to Dorek & Baden of W 110' of Lot 2. 04/21/86 MCR Instant Web - re -draft letter to Schutrops; correspondence to client re: W.110' of Lot 2. 04/21/86 VJL Telephone call to Probate Court re: Schutrop's; telephone call to Recorder's Office re: Instant Web building; tele- phone call to Clerk of District Court re: possible Mechanic's Lien foreclosure action by Goebel Concrete Company; tele- phone call to Hennepin County Probate Court re: Schutrop's; investigate Schutrop heirs. 04/24/86 MCR Instant Web - re- drafting of Quit Claim Deed for Schutrop's; re- drafting of letter. 04/24/86 VJL Review legal description for Ms. Ra . 04/28/86 M Special Assessment Re uction program - drafting of Resolution for modification of Redevelopment Plan. 04/29/86 MCR Special Assessment Reduction program - drafting of Resolution for modification of Redevelopment Plan. 04/30/86 MCR Special Assessment Reduction program - drafting of Resolution for modification of Redevelopment Plan. Subtotals for FEES only: 2.50 175.00 .20 14.00 1.30 91.00 :�M 1.20 36.00 .60 42.00 .20 6.00 5.50 385.00 6.50 455.00 2.50 175.00 $1,745.00 Total Due: $1,745.00 ADMINISTRATIVE SECTION (FOR YOUR INFORMATION) CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 MEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: June 2, 1986 SUBJ: Conditional Use Permit for Power Transmission Lines, NSP The Chanhassen Planning Commission reviewed this item at their meeting of April 23, 1986. They requested that this office: 1. Seek advice from Fred Hoisington or other appropriate con- sultant on the route which minimizes negative impacts on downtown Chanhassen. Per the Planning Commission request, attached please find Mr. Hoisington's report (Manager's Reference #1) regarding the impact of the power line construction on redevelopment efforts. This office concurs with the fin- dings of Mr. Hoisington, i.e: - The power line construction will be a strong detriment in our ability to create one downtown redevelopment area. Major distribution lines become the dominent feature in commercialized /urbanized areas. The best example of this is the urbanized area adjacent to Interstate 494 and Highway 5. Power lines in this area become the dominent visibility point and detract from further development of the area. For all practical pur- poses, the rear of the Bloomberg properties /further construction along West 79th Street /downtown area redevelop- ment will significantly suffer or become undevelopable if the power line is constructed in this area. - By contrast, the power line distribution lines within a rural area take on the character of the rural area, i.e. fence lines, windmills, etc. This point can best be seen by standing on Engler Road and looking easterly towards the Shakopee valley. The area is totally rural in character with a major transmission line cutting diagonally across the farm areas. Farming is occurring as normal and such appears natural in character. The same point can be made when standing on County 17 and c � Mayor and Council June 2, 1986 Page 2 Lyman Blvd. (site of proposed substation). At this location, there currently exists distribution lines heading directly north and bisecting the existing farm lands. Again, most people probably have never noticed this distribution line. The point that the new distribution lines would be potentially near new home construction (Curry property) also does not appear to have signifi- cant credibility as can be seen by the number of homes constructed almost directly under the power lines along Engler Road in Chaska; and 2. Opus be given a chance to present concerns at the City Council meeting. This request originated as a result of Opus Corporation being present on April 23rd, but not having sufficient time to prepare a response for consideration by the Planning Commission. Accordingly, the Planning Commission has noted Opus' request and hopes that the City Council would provide an opportunity for such pre- sentation on June 2nd. 3. No permit shall be issued until the City Manager in his opinion certifies there is a need for transmission lines. Attached please find Exhibit 2 depicting existing peak demands, analysis of future needs, and a graphic portra- tion of these points. I have reviewed these documents as well as the detailed records from which they were taken and hereby certify that NSP does have a critical need for additional electrical capacity in the City of Chanhassen .(primarily that area south of Highway 5). In fact, it is this overriding need for electrical capacity which has shifted the alignment of the transmission line from TH 212 to TH 5. NSP states that they need the electrical ser- vice immediately, but that they are not assured of exactly where the right -of -way for TH 212 will be. In contrast, the Council stated its concerns to locating the transmission line along the TH 212 corridor without being assured that TH 212 will be a reality. Herein laid the basis for considering TH 5. The alternative could be to provide temporary service to the Chanhassen Lakes Business Park /Lake Susan area until such time as TH 212 was in fact constructed. NSP sees this as a costly solu- tion. 4. The City Manager agrees that the TH 212 corridor is not a viable alternative. I cannot make this statement. In fact, I believe just the opposite. The TH 212 corridor is the best alter- native for the transmission line. Additionally, I firmly Mayor and Council _ June 2, 1986 Page 3 believe that TH 212 will be built. Every report from the State Highway Department reflects the needs for this road to serve the regional and interstate farm to market need into the metropolitan area. The traffic studies completed by Benshoof and Associates further depict the importance of TH 212 to this sub - region of the metropoli- tan area. Highway 5 will simply not support the traffic being generated from this sub - region area - such even after the widening to four lanes. Neither the state nor the city can shirk the necessity of continuing plans for the construction of TH 212. Again, every indication from the state is that TH 212 is ahead of schedule and will continue to stay in that position. Further, the state is in a position to state to NSP the specific location for the TH 212 alignment between TH 101 and its intersection with TH 5 in Eden Prairie. The state has no objections to NSP's purchase of right -of -way adjacent to this corridor nor the transmission lines construction adjacent to such right-of-way. 5. The City should work with NSP to minimize negative impacts on business parks and downtown. I do not see this as possible given the size of the pro- posed structures (see Manager's Reference #2). Mr. Hoisington's report discusses these aspects. Again, the above points are being made as a result of a request from the Planning Commission for such. Quite frankly, I am thankful that the Planning Commission made this request so that I would have an opportunity to ask that the Council reconsider its position and that the Council act to select the TH 212 corridor/ Lyman Blvd. as the routing for the transmission lines. Although this position will have opposition, I firmly believe that it is the best decision for our community and the best decision for our ability to see Chanhassen develop into the type of community which we have all strived towards for the past several years. LG 60 Hoisington Gro ji�� 1c. l' C � %..�i e... �e T � Land Use Consultants - - MEMORANDUM ' Tn: Barbara Dacy, Planning Director From: Fred Hoisington, Consultant Subject: Evaluation of NSP Transmission Line Impacts on Downtown Date: 5 -28 -86 INTRODUCTION `Prq w �II rewda� l " Hoisington P Inc. was asked by City Planning Director, Barba ra Dacy, to of various for a proposed electric i line on downtown Chanhassen. The proposed NSP line is intended to connect the existing Westgate Substation on State Trunk Highway 5 in Eden Prairie, to the proposed Bluff Creek Substation which is located near the intersection of Lyman Boulevard and Audubon Road in Chanhassen.' Four alignments are being considered by the City as follows: Alternative 1 - Highway 5 /184th Street /Railroad For the sake of this evaluation, and the probable impacts on downtown, Alternative 1 is not unlike Alternative 2. Alternative 1 will, therefore, not be evaluated. Alternative 2 - Highway 5 /West 78th Street /Railroad This alignment places the transmission line along the Chicago, Milwaukee, St. Paul and Pacific Railroad track from West 78th Street to Highway 5, The route traverses downtown and is zoned commercial. Alternative 3 - Highway 5 /Railroad This alternative places the transmission line along the north side of Highway 5 until it_ crosses to the southside at approximately. Dakota Avenue. It then follows the south side of Highway 5 to the .railroad and could be constructed, for the most part, within the MnDOT right -of -way. That part of the alignment nearest downtown is mostly vacant with the exception of a church. The route is zoned P -4, Planned Industrial Development District. Alternative 4 Highway 212 Corridor This alternative would follow the future TH 212 alignment. A subalternative would follow section lines for a portion of the route. Since this alignment will have no impact on downtown Chanhassen, it will not be evaluated. Currently vacant or rural, the prospective alignment is zoned residential, 7300 Metro Blvd. Suite 525 - - ;.... Edina. MN 55435 - - - (612) 835 -9960 _ - ..;. -..: . ...•.., .. - .....; ,Mi,...d::ua e�a.,.uw fHpodww'km4ntMm�xOW+nn�dn'Iu� t.'l TRANSMISSION LINE CHARACTERISTICS AND CONSTRUCTION SCHEDULE The proposed electric transmission line will be supported by 80 to 100 foot steel poles. Corner poles will have a diameter of three to four feet. Tangent poles will have a diameter of two and one -half to three feet. Spans of up to 600 feet are possible but pole height must necessarily be increased to achieve such distances due to line sag. A 25 foot line clearance is required above ground. Shorter poles require shorter spans. Such structures are definitely out of scale with virtually all development types. Unfortunately, the only alternative is putting the service underground at a cost six to ten times the above ground cost. NSP anticipates that a need for this line will exist as early as 1987 to avoid periodic outages due to overloading. The schedule currently proposed by NSP is approximately as follows: Identify Right -of -way, Survey and Engineering, Order Fabrication Jun 1986 to Jan 1987 Fabrication, Right -of -way acquisition Jan 1987 to Sep 1987 Construction Sep 1987 to Dec 1987 One of the problems NSP has indicated it has with the TH 212 alignment is that the right -of -way delineation is not far enough along to accommodate the above schedule. In very recent discussions with MnDOT, we have established that timing of the official mapping process for TH 212 should not, in any way, preclude the TH 212 alignment from consideration by NSP. In fact, if the TH 212 alignment is to continue to be considered, the transmission line should all be built within the proposed right -of -way, not along section lines. Based on recent Broadened Study Area findings, it is evident that TH 212 is of critical importance to downtown Chanhassen and TH 5. If TH 212 is not built, TH 5 will have to be widened to at least six and possibly eight lanes, a highly unacceptable traffic solution in light of the significant impacts on land use in the vicinity of downtown. As transportation consultants to the Chanhassen HRA, we have concluded that TH 212 is absolutely essential and that it will have to be constructed within the next ten years to relieve the growing traffic problems on TH 5. 2 c � PLANNING BACKGROUND Since the relocation of TH 5 from West 78th Street, downtown Chanhassen has had an identity problem. One reason is that it lacks coordinated visual and vehicular access from TH 5. This was one of the most difficult problems faced when developing the new Concept Plan for downtown Chanhassen in 1985. The area for which the Concept Plan was developed includes both sides of the Chicago, Milwaukee, St. Paul and Pacific Railroad. In fact, the planning area was expanded to encompass the West 79th Street area in an attempt to resolve CBD access problems. The Chicago, Milwaukee, St. Paul and Pacific Railroad line is the primary reason CBD access is so difficult to resolve. This line represents a strong physical barrier both to development and the movement of vehicles. Even though it is basically two dimentional in nature, it divides the downtown into two distinct areas and mitigates against unification of the business community. The CBD is dependent on TH 5 access and the success of the downtown depends on how strong the linkage to Hwy 5 can be made. The revised Concept Plan for downtown Chanhassen attempts to overcome the railroad barrier by creating a strong visual linkage from TH 5 to downtown. To reinforce this linkage, a new access to Highway 5 is proposed at a point where visual and vehicular access can be reasonably coordinated. 9 C C PLAN OBJECTIVES The following are the objectives around which the Concept Plan for downtown Chanhassen were formulated. 1. To retain the mainstreet concept. 2. To retain businesses appropriate to downtown and eliminate businesses which are not downtown use types. 3. To provide for incremental or staged projects. 4. To create a pedestrian environment with appropriate linkages to the community. 5. To capitalize on Dinner Theater traffic including the provision for entertainment, specialty retail, office and lodging facilities. 6. To provide convenience shopping to satisfy the needs of residents. 7. To provide joint parking to maximize parking efficiency. 8. To unify the downtown with architecture, landscaping, signage and public spaces. 9. To consider housing as a downtown use. 10. To improve access (visual, vehicular and pedestrian) to downtown. 11. To improve downtown's compatibility with adjoining residential areas. 12. To attempt to develop a festival environment that focuses on the artisan community. r 4 C C CONCEPT PLAN HIGHLIGHTS The downtown Concept Plan highlights are as follows: 1. The extension of West 78th Street or mainstreet southerly to Highway 5. 2. A connection of West 79th Street to the new Hwy 5 access creating an expanded ring road concept which interconnects the areas north and south of the railroad tracks. 3. Redevelopment of the north side of West 78th Street while retaining the Colonial Shopping Center and the Riviera Restaurant. 4. The continuation of limited on- street parking. 5. Retention, expansion and integration of the businesses on the southwest corner of Great Plains Boulevard and West 78th Street. 6. Expansion of the Chanhassen Dinner Theatre entertainment and specialty retail complex. 7. Creation of a downtown public square or commons area. 8. Establishment of joint parking and an internal and external walkway system to help establish downtown as a multiple purpose destination. 9. Establishment of a landscaped buffer between the CBD and the Chan View neighborhood. i 10. The connection of Coulter Drive to West 78th Street to provide the First Bank of Chanhassen and City Hall with an identifiable entrance. 11. Relocation of the historic City Hall building. 12. Relocation of Great Plains Boulevard to facilitate access to downtown. 13. The unification of downtown by establishment of landscaping, entry features, appropriate signage and compatible architecture. 5 EFFECTS OF TRANSMISSION LINE ROUTING ON DOWNTOWN CHANHASSEN A downtown is typically the most difficult area for a community to deal with primarily because a sizable public expenditure is required for redevelopment. With such a commitment of public funds, it is essential that every action taken by the City provide reinforcement for the redevelopment objective. Generally speaking, the undergrounding of already existing electric lines within business districts is desirable to enhance aesthetics and make the shopping environment more appealing for the patron. Of the alternatives being considered by the City, only Alternative 2 will have a significant negative impact on downtown Chanhassen. Construction of the 115 KV electric transmission line along the railroad track is not an action which would reinforce the expenditure of public funds for redevelopment. The routing of the electric transmission line in accordance with Alternative 2 will: 1. Violate the intent of Plan Objectives 8 and 10. 2. Create an obtrusive three dimensional visual barrier between Highway 5 and the CBD. 3. Diminish the desirability of an additional CBD access to Highway 5. 4. Discourage redevelopment of the south side of the Dinner Theatre. 5. Preclude unification of the business community. 6. Discourage private investment in downtown redevelopment efforts. 7. Further divide the business community and reinforce the subarea orientation as development increasingly turns away from the transmission line /railroad barrier. Alternative 3 will have a much smaller impact on downtown but will have a significant impact on the community as a whole primarily because it will be immediately visible by large numbers of passing motorists, a situation not unlike that which already exists along Highway 5 in Eden Prairie. Since the power line would be located on the south side of Hwy 5, it will not violate Plan Objectives nor will it.divide the business community. Its primary impact on downtown will be visual accessibility from downtown. no CLUSIONS AND RECOMMENDATIONS While electric transmission lines are constructed in virtually every setting from agricultural /residential to industrial /commercial, it is highly undesirable to traverse a commercial area, especially a fragile downtown where every effort must be made to unify, rather than divide, the shopping environment. Transmission lines appear to have a negligible effect on residential areas where proper attention is given to design and the alignment correlates with a highway, a railroad or a natural feature. They also have little or no negative impact on industrial areas which are major users of electricity. Classified as a transportation and public utilities use (SIC), electric transmission lines are closely akin to industrial uses. Based on what we believe the impacts on downtown to be, we recommend as follows: 1. That Alternative 2 be excluded from further consideration as the alignment for the proposed 115 KV transmission line. 2. That Alternative 3 and 4 continue to be considered since neither will have a significant impact on downtown Chanhassen. 3. If Alternative 4 is selected, it should follow the TH 212 right —of —way rather than section lines to avoid multiple corridors. 4. Wherever possible, existing distribution lines should be eliminated or incorporated with the new 115 KV transmission line. 5. Continuing efforts should be made to underground existing electric service throughout downtown as a means to improve shopping environment aesthetics. 6. The TH 212 alignment should not be eliminated from consider- ation for scheduling reasons. There is every indication that MnDOT can accommodate NSP's schedule. 7. In considering alternative alignments, TH 212 should not be excluded because of uncertainties about whether or not the highway will be constructed. All indications are that it will have to be built within the next 10 years to relieve already severe traffic problems on Highway 5. 7 BLUFF CREEK PROJECT NSP SUBSTATION LOADS Summer Peak Demands (Megawatts) Ave. Annual Growth 1978 1982 1983 1984 (1978 - 84� Deephaven #1 16.6 12.4 14.9 16.3 #2 -- 11.4 12.8 14.5 16.6 23.8 27.7 30.8 Excelsior 9.0 7.3 7.8 10.4 arey Park 1.5 5.1 5.2 5.7 Total 69 KV System 271 36.2 40.7 46.9 9.6% I Westgate #3 13.7 14.9 22.4 39.8 #4 19.5 36.5 37.3 29.8 33.2 51.4 59.7 69.6 13.1% C C BLUFF CREEK SUBSTATION This set of exhibits presents the components of the Bluff Creek project, and explains the need for this development. Attached are: 1. Analysis of Chanhassen area development and resulting electric load growth 2. Graph of historical and projected customer demand on existing transmission system 3. Project description (maps & accompanying text) BLUFF CREEK SUBSTATION Analysis of Chanhassen Area Development and Resulting Electric Load Growth Introduction The need for the proposed Bluff Creek Substation (and related transmission improvements) is based on an annually- revised NSP electric demand forecast. The following analysis shows how deve- lopment data obtained from the City of Chanhassen tend to confirm NSP's forecast of electrical demand growth for this area. Analysis The City of Chanhassen reports that between 1981 and 1985 the number of households in the City increased from 2,162 to 2,564; this is an effective compound growth rate of 4.4% per year. During that same period, the number of residential customers in NSP'6 Minnetonka Division (includes Chanhassen, Deephaven, Excelsior, Eden Prairie, Greenfield, Lester Prairie, Waconia, Young America, etc) increased by 3.08 per year. Comparing these figures, it is seen that growth in the Chanhassen vicinity is averaging 458 higher that that being experienced in the Minntonka Division as a whole. This difference in residential growth rates is expected to continue into the 1990's because there are substantial amounts of developable land available in the Chanhassen area, whereas the remainder of NSP's Minnetonka Division is either already moderately to highly developed, or is more remote from the Twin Cities and not subject to rapid development. Commercial and industrial growth in Chanhassen is also progressing at a high rate due to development in the industrial parks and along Highway 5. The 34 commercial building permits issued by the City in 1984 and 1985 confirm a local commercial growth rate substantially higher that that being experienced in the balance of the area. Using the above information, a local electrical load growth forecast can be developed for the Chanhassen vicinity. With both residential and commercial /industrial loads in or near Chanhassen growing at rates at least 458 higher than those in the balance of NSP's Minnetonka Division, a composite annual rate of 7.08 results: r C - 2 - Conclusion The 7% growth rate calculated above agrees closely with the 7.1% annual Chanhassen area electrical demand growth which NSP is forecasting for the remainder of the 19801s. It therefore appears that the City's data on building permits and number of households strongly support the demand forecast used in determin- ing the need for the Bluff Creek substation. R Gonzalez 05/19/86 Chanhassen Fraction of Fbergy Sales Adjust Total Fhergy Growth Rate Factor Residential .47 x .030 x 1.45 = .020 Commercial /Industrial .50 x .067 x 1.45 = .049 Other (street lighting, etc) .03 x .031 x 1.45 = .001 Annual growth rate = .070 Conclusion The 7% growth rate calculated above agrees closely with the 7.1% annual Chanhassen area electrical demand growth which NSP is forecasting for the remainder of the 19801s. It therefore appears that the City's data on building permits and number of households strongly support the demand forecast used in determin- ing the need for the Bluff Creek substation. R Gonzalez 05/19/86 I �r THE ATTACHED GRAPH SHOWS HISTORICAL AND PROJECTED TOTAL CUSTOMER DEMAND FOR THE NSP SUBSTATIONS SERVED FROM THE EXISTING WESTGATE - SCOTT COUNTY 69KV LINE. 11 HISTORICAL VALUES ARE ACTUAL DEMANDS AS MEASURED AT THE SUBSTATIONS. THESE LOADS HAVE BEEN GROWING 8 - 9% PER YEAR. PROJECTED VALUES ARE FROM THE ANNUALLY - REVISED NSP LOAD FORECAST. TOTAL LOAD SERVED BY THE WESTGATE - SCOTT COUNTY LINE IS EXPECTED TO EXCEED THE EXISTING LINE'S CAPACITY BEGINNING IN 1988. THE PROPOSED BLUFF CREEK SUBSTATION WILL BE SERVED FROM A NEW WESTGATE -SCOTT COUNTY 115KV CIRCUIT. THIS BLUFF CREEK DEVELOPMENT WILL SERVE ALL LOAD GROWTH IN THIS AREA FROM 1988 ONWARD. Q J old WESTGATE - SCOTT COUNTY 69 KV LINE TOTAL NSP SUBSTATION LOADS 70, 000 ........:........ .:.......... ........:............................................... :..... .......................... ;........;.........: LINE CAPACITY = :61000 KW: 60,000 ..... ,..... ;...... ...... ....,sayr.. ...... , 50,000[...... ..... ..... 40,000 it 111 20,0 :.... ....:.................. :......... ..... ..... ..... ..... ..... ACTOAL PROJECTED i 10,000 ........ :............. .....:........:.........:.........:.................. ...... ..:................... Al 1978 1980 1982 1984 1986 1988 1990 1992 YEAR NOTE: SUBSTATION LOADS COMPRISE COMMUNITIES OF CHANHASSEN, DEEPHAVEN, EXCELSIOR, & MINNETONKA v v �o I TyPtGAL. I IS KV STEED PoLr. I J NORTHERN STATES POWER COMPANY SCALE Klotit REV. 1 ENGINEERING DEPARTMENT MINNEAPOLIS IN L- 3y, E-vc- N r Z U J Q Q W h Lrry of CAANAASSEN STAFF REPORT PROPOSAL: LOCATION: i' ;. DATE: April 23, 198E C.C. DATE: May 5, 1986 CASE NO: 85 -15 CUP Prepared by: J.Olsen /v To obtain a Conditional Use Permit for Power Transmission Lines. APPLICANT: Don Chmiel Northern States Power 414 Nicolett Mall, 2nd Floor Minneapolis, MN 55401 PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND LAND USE: WATER AND SEWER: PHYSICAL CHARAC.: 1990 LAND USE PLAN: N- S- E- W- 14 NSP CUP April 23, 1986 Page 2 APPLICABLE REGULATIONS REFERRAL AGENCIES Carver County MnDOT BACKGROUND N Section 19.12 of the Zoning Ordinance requires a con- ditional use permit for transmission lines in all districts (Attachment W. See attached. See attached. At the February 12, 1986 meeting, the Planning Commission con- sidered the zoning ordinance amendment request to allow substa- tions as a conditional use, the substation conditional use permit request, and the request for installation of overhead transmission lines. The Planning Commission recommended denial of the proposed route of the overhead transmission lines and recommended that the zoning ordinance amendment and conditional use permit request of the substation be tabled until the transmission line issue could be discussed by the City Council. The City Council at their March 17, 1986 meeting recommended that the matter be referred -back to the Planning Commission and that NSP investigate locating the transmission lines along Highway 5 instead of the 212 corridor. The matter was also referred back to the Commission because NSP submitted additional information as to the need of the 115 kv line and the need for the location of the substation at the proposed site. Proposal In view of the Council's recommendation, the applicant has sub- mitted a map showing alternative routes along Highway 5 that could be followed. The following discussion will list the advan- tages and disadvantages of each of the proposed routes. ANALYSIS 1. Highway 5 - West 184th Street - Railroad This option proposes installation of the transmission lines from the Westgate Substation, along Highway 5 to the Chanhassen Eden Prairie boundary (the future right -of -way of West 184th Street) north to the Chicago Milwaukee St. Paul & Pacific Railroad NSP CUP April 23, 1986 Page 3 (CMSPP). At this point, the lines along the rear of Lyman Lumber, the Meadows apartment project, through downtown area adjacent to the Taco Red -E -Mix and through the business line west of Audubon Road. PROS No visual impact on Highway as one enters the city. A would follow the railroad rear of the Chanhassen the eastern portion of the Shop and the Apple Valley park to the existing 69 kv CONS The lines would be located within 50 feet of the Lyman Lumber storage buildings and the Chanhassen Meadow garage buildings. NSP has indi- cated that there is not enough clearance between the transmission poles and the aforementioned structures. In the case of Lyman Lumber, flammable products are being stored in these buildings which are located close to the rear property line. In. Eden Prairie on the north side of the railroad tracks, a single family subdivision is under construction. The transmission lines would be located adjacent to single family neighborhood. Railroad communication lines may have to be relocated. Highway 5 - West 78th Street - Railroad This option proposes installation of the transmission lines from the Westgate Substation along Highway 5 to where the railroad crosses West 78th Street and then continues along the railroad to the existing 69 kv line west of Audubon Road. PROS CONS The alignment does not interfere Transmission poles would be with any existing or proposed visible in the major entrance single family residences or corridor into the community and industrial buildings. the downtown area. Railroad communication lines may have to be relocated. NSP CUP — April 23, 1986 Page 4 3. Highway 5 - Railroad This option proposes installation of the transmission lines from — the Westgate Substation, along Highway 5 and then to the railroad near the church site. — PROS CONS Transmission poles and lines Transmission lines would have — would not be located through to cross Highway 5 in the vici- any commercial property. nity of the Dakota Ave. and Hwy. 5 intersection. Poles would be located along a significant portion of Highway 5 to the railroad. 4. Highway 212 Corridor PROS CONS — Transmission lines would not be Uncertainty of the timing and located along the major entrance installation of the 212 corri- into the community. dor in relation to NSP — construction timetable. Helps to establish the 212 corridor. If the 212 corridor is not installed, the transmission — lines would bisect large The western portion of the tracts of land which could route along Lyman Boulevard become residential areas in is along the urban service the future (Curry and area boundary. Klingelhutz property). In summary, Option #1 has a section without adequate right-of-way for public safety in the area along Lyman Lumber, the Eden Prairie border and the Chanhassen Meadows apartment project. Option #2 locates the transmission lines along an existing corridor (Hwy. 5) and intersects the railroad at the cement plant. Option #3 also locates the transmission lines along an existing corridor — but follows Highway 5 for a longer distance. Option #4 is the most direct route but may create a corridor through potential residential areas. — Eden Prairie Previous to the Chanhassen Council meeting on March 17, 1986, — Eden Prairie preferred the T.H. 212 corridor. However, because C C. NSP CUP April 23, 1986 Page 5 a Highway 5 alignment may be recommended in Chanhassen, NSP sub- sequently met with Eden Prairie staff. Eden Prairie staff now indicates that Eden Prairie would allow a Highway 5 alignment. Also Eden Prairie did consider a requirement for underground installation. NSP has indicated however that underground installation would significantly increase costs because of the technology involved. MnDOT NSP has also met with MnDOT staff as to location of the lines in relation to the widening plans. MnDOT has indicated in their letter of April 8, 1986, that both agencies would have to work together in locating the lines appropriately. Summary Whichever alternative is recommended by the Commission, the following should be considered: 1. All existing poles shall be consolidated and all future ser- vice drops shall be installed underground. PLANNING COMMISSION ACTION The Commissioners unanimously recommended the City Council approve Option #2 or #3 subject to the following: 1. Advice from Fred Hoisington or other appropriate con- sultant on the route which minimizes negative impacts on downtown Chanhassen; 2. Opus be given a chance to present concerns at the City Council meeting; 3. No permit shall be issued until the City Manager in his opinion certifies there is a need for transmission lines. 4. The City Manager agrees that the TH 212 corridor is not a viable alternative; 5. The City should work with NSP to minimize negative impacts on business parks and downtown. The motion was made by Conrad and seconded by Noziska. ATTACHMENTS 1. Zoning Ordinance, Section 19.12. 2. Planning Commission minutes dated February 12, 1986. 3. Route Option #1. NSP CUP April 23, 1986 Page 6 Attachments (continued) 4. Route Option #2. 5. Route Option #3. 6. Route Option #4. 7. City Council minutes dated February 4, 1986. 8. City Council minutes dated March 17, 1986. 9. Letter from City of Chaska dated December 26, 1986. 10. Letter from Don Chmiel, NSP, dated January 20, 1986. 11. Letter from MnDOT dated April 8, 1986. 12. Petition from south Chanhassen residents. 13. Letter from Carver County dated April 21, 1986. 14. Planning Commission minutes dated April 23, 1986. 15. Five map package including needs description. 16. Larger blueprint of alignment alternatives. 19.11 Projecting and Roof Mo w . Equipment. 1. All roof mounted equipment shall be screened from the public view at street level. 2. Air conditioning or heating units projecting through exterior walls or windows shall be so located and de- signed that they neither unnecessarily generate or transmit sound or disrupt the architectural amenities of the building. Units projecting more than 24 inches bevond the exterior finish of a building wall shall be permitted only with the written consent of the Village Building Inspector. 19.12 Transmission Lines. 1. Within all districts the establishment, construction. maintenance and use of overhead or underground transmission lines, conduits or pipelines for the transporting or transmission of gas, oil. petroleum, solids. liquids or high vol- tage electrical energy is prohibited. except upon the securing of a Condition- al Use Permit. 19.13 Planned Unit Development Re- quirements. 1. All proposed land developments and all applications for rezoning which contain in excess of 25 single family zoning lots. or in excess of 24 multiple dwelling units. or in excess of 10 acres for pro- posed commercial or industrial use shall be submitted as proposed planned unit developments and shall be gov- erned by the regulations thereof. 19.14 Unimhabitable Land. I Lots. parcels or tracts of land deemed by the Council to be uninhabitable shall not be utilized for residential use. nor for such other uses as may endanger life or property or the public health and welfare or create or aggravate a flood. erosion or water pollution hazard. but such land within a zoning district shall be set aside for such uses as shall not create or contribute to anv of the fore- ome conditions. 1• U Toning Lot Limitation. 1. Only one principal structure shall be eermitted on each zonine 10.L. ,2. IV 'a 'Outside Storage in Resaaee fta-1 Districts. y� 1 Outside storage of recreational equip- ment is prohibited in the front and side vards in all residential zoning districts, unless screened by fencing. ^- All outside storage structures in resi- dential zoning districts shall be archi- tecturally harmonious with the princt- palstructure. 19.17 Certificate of Occupancy. I The certificate of occupancy required by the Chanhassen Building Code. Ordi- nance No 23, shall be issued only for a structure which complies with all ap- plicable provisions of this ordinance and said budding code. 3. SECTION 20. NON - CONFORMING t'Sh.S. '20.01 Continuation. The lawful use of buildings or land existing at the effective date of this ordinance which does not con. form to the provisions of this ordinance ,hall be discontinued within a reasonable M'riid of amortization of the budding, and i .i, h,r,ei�d r.l u7 -3 -Z: � rtiee.ir.l 47- 1j uses of land or buildings which become nonconforming by reason of subsequent amendments of this ordinance shall also be discontinued within a reasonable peri- od of amortization of the building. The period of amortization shall commence with the effective date of this ordinance and shall extend for a period of not more than: 1. Fifteen X151 years for buildings of wood frame construction. 2. Twenty 1201 years for buildings of wood and masonry construction. 3. Thirty t3oi years for buildings of fire proof construction. 4. Dwellings found to be non - conforming only by reason of height, vard, or area requirements shall be exempt from the other continuation provisions of this ordinance. 5. Any building or use partially taken by public action under eminent domain proceedings, which building or use is therebv made non - conforming may continue. 20.02 Enlargement or Alteration. No non - conforming use shall be enlarged, altered or increased, or occupy a greater area than that occupied by such use on the effective dale of this ordinance or anv amendment thereto. A non - conforming use shall not be moved to anv other part of the parcel of land upon which the same was conducted. If no structural altera- tions are made, a non - conforming use of a building may be changed to another non- conforming use of the same or more re- stricted classification. Whenever a non- conforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not there- after be changed to a less restricted use. 20.03 Restoration. Any building locat- ed in anv district which is partially de- stroved by anv cause mav be restored tc its former use and physical dimensions: provided that any such building which does not conform to the use, height and other restrictions of the district in which it is located and is thus destroved. accord- ing to the estimate of the Council or some official designated by it, to the extent of fifty (501 per cent or more, may not be rebuilt or reconstructed except in accord- ance with such restrictions. 20.04 Termination of Use. In the event • non - conforming use is discontinued for • period of one i I i year, or if a noncon- forming use is replaced by a conforming use, any subsequent use of the premises shall be in conformity with the use regula- tions specified for the district in which such use is located. 20.05 Junk Yards. No junk yard may continue as a non - conforming use for more than one i 1 ) year after the effective date of this ordinance, except that a junk yard may continue as a non - conforming use in an I -1 District if within that period it is completely enclosed within a build- ing, fence, screen planting or other device of such height, not less than eight 18) feel in anv case, so as to screen completely the operations of the junk yard. Plans for such building or screening device shall be approved by the Council before it is erect- ed or put into place. IV T.06 Normal Maintenance. Mainte- nance, necessary non - structural repairs, and incidental alterations of a building or structure containing or used as a non- conforming use are to be permitted pro- vided that any such maintenance, repairs or alteration does not extend, enlarge, or intensify the non - conforming building or use. 20.07 Public Utility Buildings; Excep- tions. Municipally owned utility buildings and structures to be used for purposes of rendering service to the community, and not for warehouse purposes or for the storage of bulky materials, when the Councir shall deem them to be clearly necessary for the public convenience, may be permitted in anv district. Such variation from the height and area dis- trict regulations may be allowed for such building or structures by the Council as it deems necessarv. SECTION 21. COMMON OPEN SPACE. 21.01 Definition. "Common Open Space" is a parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a Planned Unit Development District, and designed and intended for the use or en- joyment of occupants of the Planned Unit Development District. Common open space may contain such complementary structures and improvements as are nec- essary and appropriate for the benefit and enjoyment of occupants of the Planned Unit Development District. 21.02 Dedication of Common Open Space. The Village mav, at anv time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but it shall not be a condition of the approval of a Planned Unit Development District that land pro- posed to be set aside for common open space be dedicated or made available to public use. 21.03 Non- Dedicated Common Open Space. The ownership and maintenance of non - dedicated common open space shall be governed by the following regulations: 1. Ownership. The legal or beneficial owner or owners of all of the land pro- posed to be included in a Planned Unit Development District shall provide for the establishment an organization for the ownership and maintenance of anv non - dedicated common open space, and such organization shall not be dis. solved, nor shall it dispose of any such common open space. by sale or other- wise, except to an organization con- ceived and established to own and maintain the common open space, with- out first offering to dedicate the same to the Village or other government agenev. 2. Maintenance. In the event that the organization established to own and maintain common open space, or anv successor organization, shall at anv time after establishment of the Plan- ned Unit Development District fail to maintain the common open space in reasonable order and condition in ac- cordance with the Development Plan. the Village may serve written notice upon such organization or upon the oc- 5: 14dd,4C 14.,11 L- 19.'2-4mENd 47 -Af Planning Commission Minutes February 12, 1986 Page 6 e. All structures shall be architecturally similar in design. f. Lighting shall consist of shielded high pressure sodium fixtures and be so designed as to not glare on properties adjoining. All voted in favor and the motion carried. PUBLIC HEARING Northern States Power Company: a. Zoning Ordinance Amendment Request to allow substations as a Conditional Use in the R -la, Agricultural Residence District. b. Conditional Use Permit Request to allow a substation to be located on 7 acres of property zoned R -la and located at the northwest corner of County Road 17 and County Road 18. c. Conditional Use Permit Request to allow transmission lines in southern Chanhassen. Public Present Don Chmiel Northern States Power George Warner Northern States Power Gayle Degler 1630 Lyman Larry Klein 9170 Great Plains Blvd. Jo Larson 8590 Tigua Circle Terry & Betty Clark 8522 Great Plains Blvd. Mark & Peggy Tran 1330 Lyman Blvd. Neil Klingelhutz 1380 Oakside Circle Al & Mary Klingelhutz 8600 Great Plains Blvd. Jim Curry 4817 Upper Terrace, Edina Kathy Holtmeier 8524 Great Plains Blvd. Terry Owens 8520 Great Plains Blvd. Olsen stated that the applicant is requesting a zoning ordinance amendment to include electrical substations as a conditional use in the R -la District. She stated that substations provide electrical service from a central point to surrounding com- munities. She noted that a substation will receive a higher voltage of electricity and then send out a lower voltage which will again be transferred at an even lower voltage for the even- tual user. She noted that it consists of transmission towers, Power lines and a control house and is unmanned. Olsen stated that the Zoning Ordinance currently allows commer- cial radio and television transmission stations as conditional uses in the R -la District and do not have any standards. She stated that the proposed substation is a similar use in that it Planning Commission Minutes February 12, 1986 Page 7 contains transmission towers and is best suited in the agri- cultural area and separated from residential neighborhoods. She stated that it would be best to locate substations on collector streets or major arterials where transmission lines will most likely be placed. She noted that substations are unattractive, but a necessary use and sites should be well landscaped and fenced for security. She stated that each substation proposal will be a unique situation as to its compatibility to surrounding property and therefore should receive receive review with a public hearing. She stated that by allowing substations only in the R -la District as a conditional use enables the City to review each proposal and limits the use to an area where they are best suited. Olsen also stated that the applicant is requesting a conditional use permit for an electrical substation and for power transmission lines. She stated that the substation is proposed to be located on top of a hill and will be serviced by a ten foot drive from County Road 18. She noted that the city and county prefer that all entrances on this road be public streets rather than private drives; however, since the substation will generate little traffic the county would consider approval of an access permit subject to city approval. She stated that the driveway crosses adjacent property for which the applicant has obtained a 40 foot easement. She stated that the.driveway is proposed at that location because of the steep topography of the site and because of that staff is recommending the driveway be paved up to the fenced area. She stated that the control house will be 35' x 20' and will be surrounding by a six foot high chain link fence. She stated that the transmission towers will be approximately 36 feet in height and is proposed to connect Eden Prairie's Westgate substation to the proposed Bluff Creek substation and then south to Chaska. Olsen noted that the history of the proposal is that Chaska has determined that an additional substation facility was necessary in order to serve its electrical customers. She explained that NSP has negotiated with both Chaska and Chanhassen as to proposed sites and the alignment of connecting transmission lines. She noted that last year NSP met with Chanhassen's Mayor and City Manager to discuss the T.H. 5 alingment for the transmission lines. She noted that it was suggested that because of the visual impact on the major entrance into Chanhassen, the align- ment should be shifted south to the T.H. 212 corridor. She stated that it was hoped that NSP's involvement would speed the T.H. 212 selection process. She stated that according to MnDOT's proposed schedule, the T.H. 212 corridor will not be designated until public hearings in the affected communities have been held. She stated that MnDOT has stated that the proposed alignment will be designated by January, 1987. She stated that the connection between Eden Prairie and Chanhassen follows the Minneapolis and St. Louis railroad line, property lines and finally the T.H. 101 and County Road 17 right -of -way. She stated that the poles will Planning Commission Minutes February 12, 1986 Page 8 be approximately 75 to 80 feet in height at a span of 250 to 300 feet and will carry 115 kv line. She noted that transmission line will require a 60 foot right-of-way. She stated that the lines from Chanhassen to Chaska will carry both 69 kv and 115 kv lines and they will require a 75 foot right-of-way. Olsen stated that the exact location of the alignment is necessary to determine the impact on existing residences, wetlands, and future development. She stated that NSP has sub- mitted a general location map of the transmission lines and all affected property owners along this route have been notified. She noted that NSP has stated that they need city approval for the placement of the proposed lines before they can start the process of determining the exact location of the lines. She - noted that the following questions need to be addressed before approval can be recommended: 1. Ideally, the transmission lines should follow the Hwy. 212 alignment. Preliminary public hearings have been set by MnDOT this year in order to complete an "official map" pro - cess by January 1, 1987. NSP has stated that there is an immediate need for the service and cannot depend on MnDOT's process. The preliminary Hwy. 212 alignment will cross the Proposed transmission line in the vicinity of T.H. 101. As proposed, this property would be split by both power lines and the T.H. 212 corridor. NSP should provide information as to whether or not the lines can be moved in the future along T.H. 212, and at whose expense. 2. The area of primary concern is north of County Road 18 and east of T.H. 101. (The remaining part of the alignment follows County Road 18 and County Road 17 where lines already exist.) Alternative alignments should be considered such as shifting the lines from T.H. 101 east to the eastern edge of the Curry property to match the new T.H. 101 alignment. 3. Any comments by the public need to be addressed prior to final action by the city. Al Klinglehutz stated that he is opposed to where the line is located and he would take NSP to court in order for them to get any easements across his property. He stated that there would be a lot more people here tonight, but they are in church because it is Ash Wednesday, and he said they were going to pray that the line would not be going in. He stated that he does not understand why they do not follow the railroad from Eden Prairie, through Chanhassen and then into Chaska. He stated that there is a blight with the railroad track, and there will.be a blight with Highway 212, and if the transmission line as proposed, which is approximately 300 to 400 feet north of T.H. 212 gets put in, who is going to want to live between that line and 212. He stated T Planning Commission Minutes February 12, 1986 Page 9 that they are taking valuable land, most of it is in the Urban Service line and really voiding it for residential land. He stated that the objection would be less if it was located along the 212 corridor which would be creating only one blight. Ryan stated to the applicant that in looking at the map, NSP has attempted to run the lines parallel to existing infrastructures and streets and roads to try and minimize impacts, rather than creating it. He asked the applicant how much flexibility they had with the line. Don Chmiel stated that it can be addressed with the property owner at the time they talk to them about easements. He stated that the basic reasoning for the need for putting the substation there is that, one, the City of Chaska needs additional capacity of power, and two, the City of Chanhassen needs the additional capacity as well. He stated the City of Chanhassen is presently served out of Excelsior and Glen Lake. He stated that they are at the point where Chanhassen is growing and does need the addi- tional capacity. He stated that the Excelsior substation will reach maximum capacity which dictates putting in another substa- tion. He stated that the City of Chaska is also making a contri- bution of approximately $1,300,000 in getting the substation in. He stated that the proposed location is the best to serve within the specific area of Chanhassen. He stated that there is a normal radius of 31/t to 5 miles to feed electricity. He stated that because of the needs of the substation, the timing of 212 and the need for capacity, the times are not consistent. He stated that they tried to stay on property lines. He stated that from the Bluff Creek substation extending south, there is an existing 69 kv line and will need additional right -of -way of 75, not 100 feet what the staff report stated. He stated that it is one of the most necessary things that is needed to provide electricity. He stated that the Bluff Creek substation will tie into the Scott County substation located in Shakopee. He stated that in the event there is an outage coming from Westgate to Bluff Creek substation, it will be able to back feed from Scott County substa- tion and back into Westgate. He stated that he was concerned about the condition which required paving the drive from County Road 18 to the substation. He stated that he would be more than happy to install a 20' x 20' foot apron. He stated that because the substation generates a small amount of traffic they would like to gravel the drive. Jim Curry stated that he owns about 247 acres in that area. He stated that he has no problem with a substation. He stated that 212 is going to take about 900,000 feet of his land when it goes through. He stated that he has a residential proposal that will Planning Commission Minutes February 12, 1986 Page 10 submitted to the city. He stated that these lines are going to be going past approximately 2000 people that will be living there and NSP stated these lines were best located away from residential areas. He stated that another thing that is slowing his develop- ment down is how the new 101 is going to deal with access onto 212. He stated that because the line is along the edge of the MUSA, they should look further to find land not in the MUSA area. Gayle Degler stated that these lines are dangerous and is totally against them. He stated that he and his brother were trimming trees no where near the lines and the line jumped and his brother was electrocuted and died. He stated that he has worked with NSP in the last year and a half and they moved the line right to the edge of the easement that went past his house where trees were growing through. He stated that they worked with NSP to move the lines away from the buildings. He stated that he was against the substation because it does not fit in. He stated that he sees a radio station and television antennas a lot different from power lines. He stated that he would be in favor of having the lines follow Highway 5. Joanne Larson stated that she was against the route. She stated that it would really be stupid to approve because they don't even know where 212 is going through. Peggy Tran stated that they just built a home on Lyman Boulevard down the street from the proposed substation and stated that she does not want a power line underneath their driveway. She stated that she has children and is planning to start daycare and would not want that near her residence. Al Klingelhutz stated that it was a bad thing that happened to the Degler family. He stated that he does not know if that should be used against bringing power into the city, but that alone can show what a power line can do to a resident in Chanhassen. He stated that it was a little over 60 kilowatt where that happened and what is being proposed is 115 kv. He stated that the City stated that it would be unsitely for this to be located along Highway 5 and he wondered how unsitely it would be for the residences where it is proposed. He stated that it would be easier to put it on a right -of -way that exists then to try and acquire a right -of -way. He stated that the people located south of Highway 5 are getting dumped on. He stated that first it was the dump, next comes the 212 corridor and now the substation and transmission lines. He stated that he thinks its time for the City of Chanhassen to start putting some of these things somewhere else. F Conrad moved, seconded by Noziska, to close the public hearing. All voted in favor and the motion carried. C C Planning Commission Minutes February 12, 1986 Page 11 Conrad asked about the owner of the home located near the substation? Olsen stated that it was rental property. She stated that it is owned by Chaska Investment. She stated that the renters know what is happening. Conrad felt that there were better places to put the line in. He stated that it would be appropriate to follow Highway 5, 212 or the railroad track. He would like to see those alternatives explored and reviewed by the Commission or City Council before approval is given for this application. He sympathizes with the residences who have the power line going through their yard right-of-way or along the street. Emmings referred to a letter from Dorsey, who suggested the power lines run along the railroad that is just north of the substation and then run up to Highway 5. He stated that it seems like a better alternative than the one being proposed. M. Thompson stated that he knows substations do effect the value of the land and they are a blight from a residential standpoint. He stated that we need to take into consideration the residences points; however, he feels it is needed. He asked what right the property owners have, once NSP has placed the location, to speak against it at that location? Warner stated that it would have to go to district court and they decide. Chmiel stated that they do not like to go that way. He stated that they try to work it out with property owners. He stated that they tried to stay on the property lines and parallel the corridor because of the timeframe for corridor which is 1989 or 1990 and the timeframe for the station, they need the 115 kv line in by 1988. He stated that they also need to relieve a portion of that system, this fall or early spring. He stated that there is a real need for this now. M. Thompson asked if there were any other more desirable designs of poles that could be placed? Chmiel stated that with the lower voltages the wood poles can be used and with the higher capacities of 230 kv the poles are metal and approximately 3 to 5 foot diameters. Siegel asked what was the reasoning of the timeframe of giving the city one month before you wanted to start construction? Sam Higuchi stated that it was delayed because Chaska had to make a decision of purchasing property and that delayed NSP's filing of the application. Planning Commission Minutes February 12, 1986 Page 12 Siegel stated that he does not understand why there is only one alternative for the proposed line. He asked if there was a reason for not following the railroad from the Westgate substa- tion to County Road or all the way down into Chaska? Chmiel stated that if they did that, it would only accommodate Chaska. He stated that they need the additional capacity for Chanhassen and that is why the site was chosen. Siegel asked if this would accommodate all of Chanhassen? Chmiel stated that the radius would 31/2 to 5 miles surrounding the site. Al Klingelhutz stated that Chanhassen south of Highway 5 is served by Minnesota Valley Electric, will NSP be serving that portion? Chmiel stated that by converging the additional capacities they will work it towards the areas that need it. Al Klingelhutz stated that NSP is putting the cart before the horse. He stated that the line should be approved before the substation is approved. He stated that they have the site for the substation and now they want to put the line where they please to fit the substation. Noziska stated that he is not certain why it has to come across the area where it is proposed. He stated that the railroad right-of-way or one of the highway right-of-ways would make more _ sense. He was wondering how NSP arrived at the need for the substation right now or even in 1990 when a lot the southern part of Chanhassen is served by Minnesota Valley. He felt that this was forcing an issue before it needed to be enforced, especially when they are chopping up the land that is going to get chopped up with the corridor. Ryan asked where Chaska was currently being fed from? Chmiel stated that it is fed from Excelsior. Ryan stated that they already have a right-of-way all of the way from Excelsior past this one to Chaska and on to the Scott County substation. He asked if that does not provide them with a double - fed loop grid that feeds two substations? He asked why they could not rebuild the line from here to Chaska, just like they are rebuilding the line from here to Scott County. Chmiel stated that they do not have a 115 kv line that is close enough to that proximity. C C_ Planning Commission Minutes February 12, 1986 Page 13 Ryan stated that recognizing that Chaska needs the power and you may need the substation in the future to build your proper spacing, he wondered how long they could satisfy the expected demand if they feed it only from the Scott County substation with 115 kv? Chmiel stated that he did not really think he could answer that question. He stated that the 115 line that would feed into the Bluff Creek from Westgate and extend into Scott County, your question is how long this particular substation would feed the area? Ryan stated no, he was asking if they do not have the feed from Westgate and could they backfeed from Scott County to Bluff Creek? Chmiel stated that they can not do that. He stated that what they want is reliability to service Bluff Creek. Ryan stated that he knows what they want, he stated that the line from Scott County to Bluff Creek substation is a rebuild on an existing easement and can it service for a sufficient time to allow the city to settle the 212 corridor? Warner stated there is concerned that Chaska might get blacked out. Warner stated they are concerned that while the 69 kv line is out for rebuild from Bluff Creek to Scott County and if there is a fault without a two way source, it will dump. He stated that there will be a four to six month period where the 69 kv will be on radio and there would not be a back -up source. Conrad asked what the options were as far recommendations to the City Council? Dacy stated that staff work with NSP to look alternative loca- tions and evaluate each of those alternatives and others that may be devised and come back with pros and cons on each alternative. She stated that it seems to be the major issue as far as public comments are concerned. She stated that there would be another Public hearing date set. She also stated that the Planning Commission could also send the items to the City Council and not have it come back to the Commission. Conrad asked Don Chmiel if they would like the Planning Commission to table action or if they would rather the Commission deny the request and send it on to the Council for their opinion? Chmiel stated that they would like to start construction for the temporary 69 kv by March, 1986. He stated that they need to order the equipment for the substation which takes about six months to one year for it to arrive. He noted that they would Planning Commission Minutes �r February 12, 1986 Page 14 like to begin construction in March, 1987. He stated that the transmission on the 115 kv would not begin until August, 1986 and would be in service by May, 1988. Conrad moved, seconded by Emmings to 1) table the Zoning Ordinance Amendment and the conditional use permit for the substation until the City Council reviews the transmission line location and pro- - vides staff with direction and 2) recommends denial of the con- ditional use permit for the location of the transmission lines. All voted in favor and the motion carried. PUBLIC HEARING Frank Jedlicki and Michael Sorenson: a. Subdivision Request to replat Happs First Addition and adjacent metes and bounds property into one 6 acre parcel on property zoned C -3, Commercial Services and located on the north side of Highway 212, 1/4 mile east of Highway 169 inter- section. - b. Conditional Use Permit Request to allow cold storage units on property zoned C -3, Commercial Services and located on the north side of Highway 212, 1/4 mile east of Highway 169 inter- section. Olsen stated that the applicants are requesting a replat and a conditional use permit for cold storage units and outdoor storage. She stated that the applicants are proposing a cold storage building on the site and must first clear up the existing streets and lot lines. She stated that it is in the best interest for the applicants and the city to remove the existing paper streets, lot lines, and the metes and bounds description. She stated that the applicants are proposing to construct a 240' x 40' cold storage building on six acres of property zoned C -3. She stated that the building is proposed to be located towards the center of the site. She stated that the building will be 30 feet high with 8 bays and is a steel pole commercial building. She stated that there will be no sanitary facilities but each bay will have electricity. She noted that the storage will be used primarily by small contractors storing truck /trailer com- binations. She noted that the applicant has stated there may be some outside storage by the people renting the storage bays; however, there will not be rentals of just outside storage. She stated the site will be serviced by one 24 foot driveway onto Highway 212. She stated that this access had been reviewed by MnDOT and received a permit; however, the permit expired in September, 1985, and the applicant will need to reapply. She stated that the driveway leads to a gravel parking lot which will contain ten parking spaces and staff is recommending that the parking area and driveway have a bituminous surface and lined EVE K A R 2 EDEN PRAIRIE A7 Y--- J ............ IX T A S S E N • 11700D 1& 7" 0 9 ca� 7 , 10. C) FV 1 . ..... I I.. I �4 13 v .7 .......... Cp A R �� E D n pRoppsEr> 1a)LUF F 214 j. 23 2, 26 �_ 29 27 GO Rice &.k. 31 CL C__ EPIN Z ------- U,la.a.d d V/ EULN PRAIRK[ 6 .... ... EDE PR A R Z .......... 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IJ��I .. • `f> ` � 1111 • i O.� 9i it IT it [' Or i,;.i. }ELI . 1 q 1 I 3' 1 N 1 v N d ��3,°a d 3 'i, / °� �'r,. ..1�' „•:1� ��• .. ........ ... ... /1,/ / •. II SII q )I ITi -/ • •, LI % [`: XI [ I pt 11 C, r. :'. g(1S 3.�b! LS3'7�1 � � �q • • �a� �r.,.. •,� j q'1 1 I .�i.— ^1/� \ / L a•ven',. nx,.1 B/ M �L Ih ..� x.0 i 1'i 01 Y; `C\ / l OOOL Ty7p: I.:.a • Cf(LC II�x L f _ `' ° 3` JI,•. I Il,r II `. '° 01 3 lg17 r�.a.i .r ..1 j +� '+ \.L` i / y�r i / •�,<:'� �,_i 17L d h L .�.N 31: S 5.,,` •�� N V* 7(131 f 1 .s.._ I.�_,�r, :it .. •111• p. 9• \. �. ^i [� I l' '•v_•!•' Mo O 6� t / a� ` e f- \ I3INIVNd Null W r n � 1 �� .11: C�� i�.�r;l. _ 1�1. � .i'• }� � ..... ) � . .• . � )`" i _.__ /�� / (I\ . r.a� 1 £' 1 Council Meeting Fe ` • 4, 1985 ` -13_ Al Klinnelhutz - It's not for sure yet. It will be taken up at the Commissioner's meeting tomorrow. Councilman Horn - I thought we as a City had adopted a preferred routing. That is one of the action items that will be happening by the Committee. The Cities along the route will have to adopt an official route which apparently we have not done yet. Mayor Hamilton - I thought we had. We did that several years ago. Councilman Horn - What they are telling us and this is the question that I raised at the meeting, what happened is they moved the siting process so that it misses where the proposed landfill is. They just took a dip down there. That issue came up early in the meeting and they didn't want to talk about that at that point. They said all the cities along the route will have to adopt their official plan. Councilman Ceving - We did this. I was the designated member to the 212 Committee and on a given night I made a presentation and the Council accepted the proposed alignment as shown an this map south of Rice Marsh Lake and north of Lake Riley. This was the proposed route that was accepted by this City Council. Councilman Horn - That is the preferred outline. They told us what the alignment would be and it was the north Lake Riley alignment but what they did on the official mapping was to move this area. Bill Monk - There is a big difference between what's referred to as just a general alignment and an official map. We are getting into the official map process. If you ( approve just a general alignment on a piece of paper, that is not an official map. 1) That's probably what they are saying is that the City has never approved a plan. You ` have got to define the line by writing a legal description for it, showing it on a large scale map, that's what they are talking about. By saying that the City has not adopted an official plan is correct. You have never done that. NSP TRANSMISSION LINE REPORT: Mavor Hamilton - Chaska is in great need of additional power as will Chanhassen be if we continue developing. NSP has been looking at putting a substation either in Chaska or Chanhassen and have been talking about it for quite some time. Initially, the selected site was going to be in Chaska and after a lot of discussions and looking at sites and trying to figure out where the best place would be it looks like it may be in Chanhassen and along with the Highway 212 right -of -way we talked to NSP and said maybe the best route to run your transmission lines out here would be down that 212 right -of -way and they have agreed to investigate that and see if they can't use that which might speed up our process of selecting our designated alignment of that 212 corridor plus if we selected it and they ran lines out there it would be a clear indication that that's exactly where we intend it to be. PROPOSAL FOR RE -USE OF OLD INSTANT WEB BUILDING: Mayor Hamilton - 'We have put a tremendous amount of time trying to get something . worked out and we were meeting last Friday night late trying to reach an agreement with everybody which we didn't do. Don Ashworth - After the Council had met we did take and fireplace room area important to his plans is already o back to Kiffi The Y lea Sider giving up this space to the Cit sed. difficult to con - Y• He would offer some addditi tional concessions and that would be he would do all of the remodeling. Previous proposal included lowering the ceiling, providing electrical, plumbing, heating, perimeter walls, he will now insulate if it's an outside wall, plasterboard, do all interior walls and carpet. In other words he will totally finish that 7,000 square foot area. He can Arlpt�uMr,&Jr �Ir 1 Council Meeting, March 17, 1986 -25- Steve Burke: Barb Dacy gave me a call today and she said that the staff recom- mendation was that the office was going to strongly recommend that the acts will be tabled on this item, since the City attorney is not present at this meeting. What I would like to know is if that is going to be the action, rather than spend a long time discussing it, to go ahead and table it. Otherwise, I am ready to talk about it and we have a number of people here. Barbara did call me today indicating that this item would be tabled. If that is the Council's intention, we are prepared to go along with that as long as it comes before us before the voting takes place. If you want to have it tabled we are not opposed to have it tabled as long as it is brought forward in the second meeting of April. I would want this item to be resolved before May 1, so that we know where we stand before the boating season. Mayor Hamilton moved to table the above items to the City Council agenda of April 21, 1986. Motion was seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. a ,�f CONDITIONAL USE PERMIT REQUEST FOR OVERHEAD TRANSMISSION LINES. NORTHERN STATES POWER COMPANY: Mayor Hamilton: There have been public hearings on this item and I think what we would like to do is have NSP representatives present their case to us. Barbara Dac : I would like to reiterate our recommendation in the staff report that they have submitted additional information beyond what was considered by the Planning Commission. The Planning Commission was real specific in wanting the Council's direction on the transmission line alignment and we would recommend that you refer the matter back to the Planning. Commission for their review. Don Chmiel: First of all, what we did look at was three specific different routes. One adjacent to Highway 5 and the second would be paralleling the pro- posed new Highway 212 and the third route was to stay directly on property lines coming across from the Westgate Substation to Bluff Creek. What we have here, from Westgate Sub we are proposing in bringing a 115 in a single circuit adja- cent to the railroad and as we show on this specific drawing on the property line, paralleling the property line right through Eden Prairie and Chanhassen down to Highway 101, down 101 onto County Road 18 and eventually on County Road 17 and up to the Bluff Creek Substation. That segment of line coming out of Eden Prairie we are proposing in using a typical structure of a single wood pole. It is an aesthetic kind of structure more so than ones we have had in the past. From Bluff Creek down to Scott County we have an existing 69 kv line that parallels through the City of Chanhassen as well as Chaska and into Shakopee. With that specific line we are proposing to use a double circuit line with the same design as we have with the 115. There is specific need for capacity within the City of Chanhassen, number one. Number two, in conjunction with that there is also some capacity needs upon the City of Chaska. The Planning Commission brought up several points that were discussed and some questions that could not be answered and some of the things that we would like to do and stress and point out as to the absolute need for the capacities within the City and for the City to grow and expand as it's doing now. With this I have Jerry Larson from our I - Planning Department who would like at this specific time to go through and show and show basically the transmission needs as to how we develop everything within this particular area. This is just not a problem area for Chanhassen. Jerry Larson: What I would like to do is go through the need for this whole project and get everybody understanding it and why we are building it and what it is proposing to do for the area. One thing I want to emphasize is I think there (7 City Council Meeting, March 17, 1986 -26- have been a lot of questions that have come up that we are building for specific cities, Chaska specifically, I want to emphasize that this is an area wide need that we are talking about. It is expecting electric supply to not only Chaska, it's needed for Excelsior, Deephaven, Chanhassen, Eden Prairie, this entire area as far as development and what I would like to do is go through showing you how, first of all, the area presently supplied and the problems that we perceive coming in the future that are really causing the need for this project. First of all, electricity starts from power plants that are located in communities primarily throughout the Minneapolis -St. Paul area. One of the locations is Eden Prairie, a new substation that we are constructing there. Another major input is down south of Chaska, a substation we call Scott County. About 25% of the power comes in Scott County and it's delivered from the south along a 69,000 volt line that comes up through Chaska on up into Excelsior but 75% of the power comes in from Eden Prairie. As planners, some of the things that we have to worry about since power lines are physical devices out there, they do fail from time to time for a variety of reasons, storms, people running into them with vehicles, a number of different things that we have to be concerned about, now, with that in mind the first concern that we have in this particular area since we do have two sources of power into the area and only two, what happens if we were to lose one section. If we take a look at losing the major source of power from Eden Prairie what we end up with is overloading the transmission line that's providing the alternate source to this area. The first major concern is loss of the line from Eden Prairie into our Westgate Substation. Since I said 75% of the power we deliver from this end, 100% of the power now has to be supplied from the south. What happens is that by 1988 with the electrical demand in this area, we end up overloading the line from the south and when I say this is loaded to 180% what that means is the line is loaded nearly to twice of what its capability would be. What would happen in these circumstances, we would be forced to interrupt service during high demand periods up to 1/2 of the customers in this area to prevent damaging the equipment that's supplying this area. There would probably be some automatic disruption of service just like a breaker in your house when a fuse blows. In this particular instance if we were to lose, someone were to run into a tower, we could be out for a substantial length of time, a day, two days, depending upon how severe the situation was. We have no alternative means of providing the back -up to this area. Second situation is loss of the other end from the south, in this particular situation everything has to be supplied from this end. This particular overload is not quite as severe. The line is loaded in this case here up to approximately what its maximum capability is, however, this doesn't leave any room for unexpected new industries that were to come in. A variety of things can happen. This is one set of circumstances that I am describing here but there are a variety of things that could cause us to get into more severe overloads in this particular situation. What we are proposing to do is originally when we developed this project, as a transmission planner, what we were looking at was we need to pro- vide a connection between the Westgate Substation and Scott County Substation and this was to prevent overloads on this particular line. In addition, during the same time period we were working with the City of Chaska, they had some par- ticular needs to supply some local supply needs within the City of Chaska. In addition NSP had needs for additional work to supply the local Excelsior area also out of the Westgate Substation, to work together to try to come up with a plan that would be the least cost to everyone, to minimize the overall impact to everyone and what we then did is we said we had to go between Westgate and Scott County, we worked to develop a project where we would develop a new power input, t a new substation, at the site called Bluff Creek. Whet we have attempted to do is we said, let's try and minimize the overall impact there is this existing line so Council Meeting M... K7, 1986 _27_ what we have proposed to do is take the existing line out from Scott County up to the proposed Bluff Creek Substation, tear the existing one out and put in a double circuit so we would use the same right -of -way that is existing. We have to look a little bit at two other concerns, why couldn't we just build from the south and wait for the Highway 212 corridor to develop. Our problem is if we just build from Scott County to the north up to the proposed Bluff Creek Substa- tion we still would be back in the same situation that we are today since we are trying to minimize the impact on the environment by putting both circuits on one set of structures along here if a car ran into one set of structures we 'would be right back where we are today so what we proposed to do was to build, continue on over to the Westgate Substation. There is another problem during construc- tion, we are looking at how do you maintain supply while you are building these facilities. What you have to look at is, this section is going to be out for three to four months while it is being rebuilt, what this would do is it would leave a good share of Eden Prairie, Excelsior, Chaska, Chanhassen on this one single line for three to four months. If a storm came through or a car hit a Pole, the lights would go out, there would be no alternatives so to minimize the risk what we are proposing to do was to build the section from Westgate over to Bluff Creek first. That would allow us to have a two way supply into the Chanhassen area, then we could proceed to take this out. It would minimize the risk of having electric outages while we are doing the construction. Dave Anderson: Thank you for letting us appear before you tonight. Watching that presentation on Bluff Creek Greens brought back a lot of pleasant memories for me. Golfing with my father on that course, getting a hole in one an the 11th hole but it also pointed out one reason why we are here tonight and that even though these are ten or 12 or 13 Minnesota Valley customers, NSP is also experiencing growth in the area here. I am a Division Engineer for NSP's Min- . netonka Division and basically my job is to watch out for NSP's customers in the division and make sure they get the best possible service at the best possible price. Tonight, in the case of Chanhassen, what we are concerned about is our ability to continue to meet the energy needs of businesses and residents moving into your community as well as your ever expanding energy needs of the present constituents in the community. You don't have to look very far to see signs of healthy economic growth in this area. As you go down Highway 5 from 494 all the way to Chanhassen's new industrial park you will see businesses lining the high- way all the way; CPT, McGlynn, The Press, Eaton, United Mailing, Instant Web, and many others to numerous to mention. In a newsletter of 1984 it was reported that there was a Pen Industrial Center complex where they had submitted an environmental assessment worksheet to the Minnesota Environmental Quality Board for a 495,000 square foot group of buildings for offices and warehouse facili- ties, now, this was never built but I took a guy down there today and I still see 40 acres of industrial for sale down in there near Lake Susan. About a month ago our customer service representative stopped in and he said The Press was going to be putting on some additions over on their facilities. In 1987 they were increasing their present facility by 100,000 square feet and in 1988 they were going to be building a 250,000 square foot building which would approximately double their energy needs by 1988. Also, just this morning our customer service representative stopped in again and he said, you know, of course, that Victory Envelope is building a building right across the street from United Mailing in that industrial park. I forget how many thousand square 'a feet, I think it was about 130,000 or 140,000 square feet but their load is estimated to be about 2,500 kva. If you think about a residence being from 1} for a small residence to maybe 2} for a large one, an average house might draw about 2 kva so this 2,500 kva load is looking like about 1,250 houses for us and this was all in one chunk. Also, right next door to that Opus building which facility is the is 300 kva of load or approximately 150 houses and then there is also a company, Lane Envelope, that's looking at some property in the Council Meeting March if., 1986 f -28- area. They are looking at approximately 1,500 to 2,000 kva demand there so we have an area of fairly strong commercial /industrial growth here that we have got to really keep a close eye on. Also, an our residential growth, it seems to be growing just about as fast as they can build new houses. Last year we hooked up over 2,000 services which was a 23% increase over 1984 which was also a busy year where we hooked up 1,740 residences. The houses are coming in and growth, for the most part, is good. Along with this growth comes responsibilities for increased police and fire protection, water and sewer facilities, telephone, gas, and electricity. Today we have before us we have an opportunity to greatly improve and enhance the present distribution system in the Chanhassen area. These improvements would increase capacity to serve the present energy require- ments as well as any future businesses that come into the area. Another thing it would gain is we could reduce the length of our feeders which would then reduce the exposure to outages from cable dig ins or cable failures or trees brushing up against the wires, lightning strokes, that type of thing and also it would allow us to have better control of the voltages on the feeders. It would also give us a better back up supply in case we did lose a main feeder circuit into the area or a substation transformer. It would give us different ways to break down load to keep everybody in service. Along with shorter feeders we also gain some advantages of reduced line losses which help to conserve energy and also when we hook up these large industrial motors, some of these motors can be 200 or 300 horsepower and they cause a voltage fluctuation on the transmission line and the distribution line that could be seen by the neighbors and the shorter you keep your feeders the less voltage dip you will have on the system caused by these motors and as a result the less irritation to customers. Along with these improvements on the distribution we would also gain this transmission link that Jerry was talking about that's really going to help us out as far as reliability and stability for both Westgate Substation and Cott County Substation. This is a map that shows our present distribution system in the area and also marks nine existing substations that serve the load to the - area. Starting at the northeast corner we have Parkers Lake Substation which is on 494 and Highway 5 right under the 345,000 volt line. Basically, that serves the load east of 494 and north of County Road 6 up past Highway 55. Then we have our Gleason Lake Substation which serves on the north side of Lake Min- netonka and also it has a couple of feeders down into the Minnetonka area by Cargill. We have our Glen Lake Substation which is basically in the Minnetonka area and then Eden Prairie Substation which Council members are familiar with there. About a mile west of that is Westgate Substation. They we have our Deephaven Substation, Excelsior Substation, Mound Substation, and then as you go across here the next substation out would be the Waconia. This is our proposed location for Bluff Creek Substation. The different colored areas on the map are designating different feeder circuits and where they come from and you will see that some of the feeders are rather areas like Mound6l which covers the St. Bonifacius and Mound areas. It also comes down to Highway 5 and Rolling Acres Road. As apposed to a Westgate62 which serves Eaton and McGlynn's, those com- panies with rather large concentrated loads. As a rule these larger feeders are more rural in characteristics. They have smaller loads that are spread out over larger areas and then the smaller ones tend to be larger loads more concentrated together. As an area changes from one of more rural characteristics to one of business parks and industrial parks it may take two or three feeders to serve an area that was served by one feeder before and our current load forecast indica- tes that Chanhassen will need another feeder around 1987 to continue to provide reliable service to the area. When we started looking at this we looked at five different alternatives to supply that feeder. The first one we looked at was coming to Excelsior Substation and increasing our transformer size there either by changing out the present transformer to a larger one or possibly adding a second transformer and associated equipment so that we could bring another feeder down into the Chanhassen area from Excelsior Substation. Now that's a fairly simple thing to do as far as distribution is concerned but it put Council Meeting March,, 1986 f -29- too much strain on the transmission system that Jerry is concerned about so we had to look for another alternative. Our second choice was to come up at Deephaven, now Deephaven6l actually comes all the way around the lake down through Excelsior and into Chanhassen so this industrial park is presently served by a substation that's about six or seven miles away from the load area. As far as Deephaven was concerned we have bank capacity there. It would mean adding a feeder bay and bringing a long feeder down. We could do that. We would run into the problems we talked about before with long feeders, of increased exposure, of outages, increased line loses, a little harder to control the voltage and these large industrial motors cause more fluctuation on the system and irritation to the neighbors and also taking the feeder would put more of the same strain on the transmission as it would in Excelsior. Our third alternative that we looked at was coming from Westgate. We have been con- sidering for a long time bringing a line along Highway 5 into the Chanhassen area and stopping somewhere around 101 and coming out with three or four feeder circuits that would serve our needs in the Chanhassen area but the problem is that over the next few years we are going to have a major rebuild on Highway 5 in 1986, 1987, and 1988 and we couldn't find out exactly where we could put that line and be assured that we wouldn't have to move it a year or two from the time we would build it. Then what we thought we might do is, okay, we would still keep this line in the back of our mind but we would go out here to the transmission line from Excelsior where it comes down Highway 41 to Highway 5 and possibly drop in a temporary substation north of Highway 5 either on the east side of County Road 117 or the west side or maybe on the south side of Highway 5 east of 117 which would be strictly a temporary installation with maybe a feeder or two and we would serve the increased load with that temporary station until such a time as we could build that line and remove the temporary and that's still a viable option for us to do. But about that time we found out that the City of Chaska was also looking for a second point of service into their com- munity which lead us to our fifth alternative which was to jointly build a substation that would meet both the needs of NSP, Chanhassen, and Eden Prairie areas as well as meeting the needs that the City of Chaska had. Bluff Creek is really the best choice as far as we are concerned because the substation would be centrally located to the growth area and as such we could keep our feeders shorter with the benefits mentioned before. It also would provide us increased transformer capacity in the area where we could have more back up supplies in case we lost a feeder or we lost a substation transformer and it also had a major benefit of getting this transmission line from Westgate down to Scott County which would really help improve the reliability of both Westgate Substa- tion and Scott County Substation. I guess that's pretty much what I wanted to present. Mayor Hamilton: I think I would like to have the Council ask questions. The Council has had the benefit of reading the minutes from the Planning Commission and I think we know what the concerns are of the citizens here. Councilman Horn: I think the first comment is that this whole thing kind of snuck up on me and I really didn't realize what was going on but my general recommendation is I understand this whole thing is a very complex thing and we are not going to understand totally. It appears to me that the best place to put this is along an existing right -of -way that's going to be developed anyway so I would favor the right -of -way along the 212 corridor. I think we don't have to wait until the official mapping process takes place but we can decide where that's going to go in the City of Chanhassen. Councilman Gevino: This, too, came as a surprise to me. The first time I saw it was in my packet Friday evening. I am not very pleased with what I have heard and what I have seen as far as the Planning Commission comments. There is no place, in my opinion, for this transmission line to go across some of the most productive Council Meeting March 1986 -30- land that we have in the south part of Chanhassen and we have no idea how that's going to develop over the next five, ten or fifteen years. We are already split by Highway 5. We are going to be split again by 212. I don't know where that's going to be sited and I sure as heck don't want another separation of our com- munity and that would put a transmission line right through a proposed residen- tial unit. We are planning on several thousand home sites in these areas. I guess the problem surfaced with Chaska. Chaska had a problem and you tried to addressed that problem and in trying to solve that problem you thought back in your minds, oh, this might be a good way to solve the future Chanhassen problems. I don't believe Chanhassen has a problem at this time. There should be a better way to site these kinds of things. I am not in favor of bringing a terminal into Chanhassen. I would not vote for it. I am not in favor of bringing transmission lines across the southern part of our community that is developing. It should follow existing railroad right -of -way or the existing Highway 5 right -of -way or the proposed 212 right -of -way but don't bring it across property lines and peoples homes that are there now and destroy produc- tive potential development in the City of Chanhassen. I am just not in favor of this project and I wish you would take it to Chaska. Councilwoman Watson: I don't want it running through the southern part of the City either. We haven't had the opportunity yet to really get a handle on what's going to happen down there and I think we should have an opportunity to plan our City before it's planned by a power transmission line through the middle of it. I guess the only way I can see it is it would run down Highway 5 and have it take the railroad right -of -way over and then cut off to where that proposed Bluff Creek Substation will be if it has to be there. Highway 212 isn't there yet and I don't know when 212 is going to be there and, yes, there is all this business of going to decide where the right -of -way is going to be r and we are going to do all these things. I still would like to see 212 before I Y plan on 212. If it is going to be put anywhere it has to be put along something that exists now. I think we should stick to existing right of ways if we have to do this. Jerry rry Larson: I was going to comment with regards to Chaska. The original plan that was in the works was that Chaska was going to put together a development of their own. NSP was still going to put a development together to supply the Chanhassen area, the Excelsior area, and by arriving at the joint project that we did, satisfies both parties at a far less cost than would have otherwise. If You go to more expensive projects, it increases the price of energy. I guess I was looking at developments of areas. One thing developers look at is a reason- ably priced energy supply. I just want to clarify that it is not just Chaska, it is an area wide need that is causing the need for this project. Mayor Hamilton: Can you tell me when you would estimate that Chanhassen is going to run out of power or when we are going to be at a maximum. We are maybe looking at not allowing some large company to come in because we won't have the capacity to give to them. Jerry Larson: By 1988 summer we are projecting that we will be in situations where we could be getting into risk situations and that if we lost one of the two ends of the supply that I described into the area, that there would have to be some power supply interruptions that were to occur. As you go out in time, You are going to be getting into the situation more and more of the time. At some point we will be getting into situations where someone would have to make a decision on limiting subrural, if that were the case. It is probably up to the Cities. If the Cities recognize the risks that we have laid out for them, it would be up to them. However, we would attempt to provide service at a reaso- nable cost and that is what we are attempting. r i 1986 Council Meeting, MarcI.7, �j Mayor Hamilton: Part of what you are trying to solve was th for the Chaska area, however, what happens if we don't agree need this right now, how does your Chaska problem proceed. our concern, but it certainly is a concern of yours. -31- e concerns that you had and we feel we don't I am sure that is not Jerry Larson: Alternatively, if we were refused, we would have to go back and evaluate other alternatives that would be far more expensive. I guess if the com- pany did decide that that's what we would do, it would all be relfected in all of our rates as a higher cost of energy. It is our feeling that we are attempting to provide reliable service at a reasonable cost. This is our feeling of the best way of doing that. Dave Anderson: As far as Chaska is concerned, they have another alternative where they could then build up their own transmission line, construct their own substa -tion and they felt they could do that for somewhere in the neigborhood of 1.3 million dollars. So going into the joint project, that became their contri- bution for our total effort of about 7 or 8 million dollars or whatever it turned out to be. If this doesn't go through, then they would fall back on their second choice of building a transmission lime and their own substation and we would have to look at some other way to supply the energy needs in the area. But as Jerry was saying, it also impacts some other jobs on our system that would then have to be constructed to replace this. This alternative meets everybody's requirements for the least amount of dollars. We thought this would be the best approach to take to meet our needs in the Chanhassen area. As far as a division is concerned, we are basically limited by the rest of the transmission capacity that is available to hook up feeder circuits to. We can keep putting in transformers and feeder circuits at existing substations, but would run out of transmission line capacity in about 1988 and we are faced with either reconducting with larger wires or maybe converting the system from 69,000 volts to 115,000 volts where we have to go in and obtain increased right of way and it would be difficult, if not impossible, through some of those areas. Just considering everything, we thought this was a way to meet our needs and Chanhassen, Eden Prairie, and also to help Chaska's needs and we can do by sort of pooling our money in the same pot and as result, keeping our rates as low as possible. That is really what we are trying to do is to keep the rates down so we can remain competitive. But as you accept these businesses in we have got to realize that we have got to somehow get the electricty to them. It comes in big pieces in your industrial park, when you hook up a Victory. Envelope or a Lane Envelope, or United Mailing. If it was a residential area it could maybe pick up to 1,200 to 2,000 houses for the same amount of energy. Mayor Hamilton: It seems that we can accomplish the needs of the area at least until 1988 by coming from Deephaven or increasing the capacity from Deephaven with a temporary substation in Chanhassen, which would seem to me by 1988 we would pro- bably have a better idea as to where 212 is going to go and if not we would pro- bably have a better idea of what alignment is going to take place with Highway 5, which maybe a better alternative to bring in a line along Highway 5 also. I think those two things are major factors on all of our minds. If we want to get power out here those are two right -of -ways that exist and that we would prefer used rather than certainly not going across property lines, which was your first pro- posal to the Planning Commission. Don Chmiel: We came to the City, we proposed coming down Highway 5, but because of some of the other problems that existed with the proposed Highway 5 expansion, the City felt that it would not be the best alternative at that particular time. We then chose the 212 border, but because of the consistency and timing for the need of the transmission line and the capacity here as opposed to the service date on Council Meeting, March', 1986 O -32- the new proposed 212. That was We do have a specific need for Chaska, but I think Chanhassen We just can't supply that with need to do all of this. some of the real problems that we faced as well the capacity here and it is not just the City of is number 1 because of the capacity needs here. the existing 69 kv line. The 115 is the basic Councilwoman Swenson: I have several problems that are really giving me a bad time. First of all I hear all this talk about all the industrial need and the tremendous capacity that is going to be needed for the industrial area vis -a -vis the residential area. I look at your proposed area, they are proposing going through right at the present time about the only allowable, developable land that Chanhassen has for residents. I agree with Councilwoman Watson, I think the alignment across Highway 5 and through the Industrial Park and then over, if YOU must, to Bluff Creek to better serve the Jonathon area from there is a viable option. I would like to know, Mr. Chmiel, you said that the City said that that was not a good line. I am not aware that the rest of the Council was involved in that direction and I would like to know from whence it came. Don Ashworth: That came from meetings between the Mayor and myself and Mr. Chmiel. At that time the recommendation as you have it in front of the Council was considered. The disruption to Highway 5, the unknowing as to literally where they could locate that line and the desire to see it located adjacent to Highway 212. Councilwoman Swenson: Beside the fact that we don't know where 212 is going to go. We do know where Highway 5 is. Councilman Horn: Today. Councilwoman Swenson: It's there. Secondly, the proposed plan runs through an area that does not even get served by NSP. You are talking about going through an area that is not even asking for this service and probably won't be allowed to ask for most of it for another 20 years. I personally feel that since this is very desirable, developable land, we don't know where 212 is going to go, I think that to put up an additional blight, and 212 is going to be bad enough, is irresponsible planning for the future. I think it is unconscionable for the present. The area south of the business park should be a long range planned growth area. I think we tend to think only of the MUSA line and I think this is a mistake because I think we have to look below. By allowing these high energy lines to be placed through an area that is actually included in the MUSA line actually dictates what it will be, nothing. We won't have any development down there. I don't know of one single solitary sole who would buy a piece of land to build a house on it or an apartment on it adjacent to a power line that you are talking about. If we approve or change the amendment to our R1 -a zoning to allow this transmission line will be more effective on inhibiting the growth in our area than even what will be a very delighted Metropolitan Counciling Planning staff could possibly achieve in the same length of time. They have got us restricted now to the year 2000, so the growth there is right where it is going to be and you people are proposing to completely deny us that growth, and I am vehemently opposed to it in this community. I would possibly entertain this line going through the area that is already established and where it will be needed most. But I am vehemently opposed to the proposed outline. Al Klincelhutz: I am not before you tonight as a County Commissioner, I am L before you tonight as one of us, my neighbors, and for good planning for the City of Chanhassen. Back in 1930, my dad and my neighbors went together to see Northern States Power Company to extend the line down TH 101 so that these far- _.,.. .._.... ...v.,__..o ._. -..._. _ ...,.mss_...,.- :�._.:..,,a.,aa�. I Council Meeting, Mare 17, 1986 \ -33- mers down there could benefit from the service. Northern States Power Company at that time said it would be too costly, the farmers were too far apart, they couldn't make a dollar on it. So we waited until 1939 and Minneasota Valley Electric Company decided on, "Hey, we can serve those farmers. It is a coopera- tive, the farmers will help pay for the line." So we got our electricity in 1939. We didn't get the help from Northern States Power at that time, but now an area that is served by another company, by a company owned by its own users is going to be crossed by high voltage electric lines. Far be it for me to say that Chanhassen, Chaska, Shakopee, or Excelsior don't need any additional electricity. I have been in government too long to say that. I know that electricity is needed. But it kind of behooves me to see a line proposed at the public hearing before the Planning Commission across all residential land as in the Chanhassen guideline. Mr. Chmiel said it will follow property lines. It follows section lines, but it didn't follow property lines. This is a great concern of mine and you may have noted in the Planning Commission minutes that I would go to the highest court in the land before it traverses that property and I still feel that way. It actually bisects almost a half a mile of my own pro- perty. It doesn't follow the property lines in the north or the south, it goes right down the middle of it, but it is on a section line. Some of the neighbors got together and wrote up a little petition saying why we are objecting to the power line going in that area. It was distributed to a few of the neighborhoods within a half a mile on either side of this line. Today it came back with 132 signatures on it, all dramatically opposed to the line that is proposed. Let me read you just a portion of it. It says, We the residents of southern Chanhassen strongly object to the proposed route of the new 115 kilowatt line of Northern States Power Company across and through land in the Metro Urban Service area, proposed to be zoned single family residence. This to us is against what we thought was good planning by the City of Chanhassen. The electric line corridor at this location and the already proposed Highway 212 corridor would virtually destroy the value of the land as far as residential property is concerned. Would it not be much better, if the electric line is so needed, to place it on an already established corridor, such as a railroad right -of -way, that would not have the impact of destroying valuable residential land. We have two such corridors available in Chanhassen: 1. One of which travels right through industrial and commercial zoned land and which would not have the impact of depreciating land values. 2. It would affect the properties where the need is the greatest. 3. It would not create another blighted area in the City, of Chanhassen. 4. Some people have said it would affect the image of our downtown if it was put there. Does it not affect the image of Chanhassen as much or more where it is proposed? 5. The proposed corridor is located within 500 to 600 feet of the proposed Highway 212 corridor. If and when Highway 212 is ever built, the area between and adjacent to this high voltage line would definitely not be residential because you or us and virtually everyone else would look elsewhere to build our homes. 6. Has anyone investigated or considered the possible health hazards of an electric line with the high voltage that is being transmitted? Will Northern States Power Company put up signs saying, "Stay away from this area, it may be hazardous to your health'? Some scientists and environment- alists would certainly say this should be done. 7. With a project of this magnitude that affects the health and safety of so many citizens of Chanhassen, would not an environmental impact study be warranted? 8.. Northern States Power Company said they need the extra capacity to serve the area. We question what area they are talking about. Approximately 90% of Council Meeting, Man 17, 1986 -34- the area they are proposing to cross with the line in Chanhassen is not served by Northern States Power Company, but is being served by Minnesota Valley Electric Company. 9. Somehow the feeling in southern Chanhassen is that because we are still fairly rural, as the old saying goes, "we are living on the wrong side of the track." That this is the area where things such as freeways, landfills and electric corridors should go. We, the residents of southern Chanhassen feel our area is as beautiful as the rest of Chanhassen and that in the near future it could develop into something that all of Chanhassen could be proud of. 10. Highway 212 has been talked about for years. Will it ever materialize? Some say the NSP corridor should follow the Highway 212 alignment. But is Highway 212 definite? Should we allow a high voltage line to be put there when we are not even sure Highway 212 will be constructed? We don't think so. Let's use a corridor that is already established, the railroad right - of -way, where it would have the least affect on the health, safety and well -being of all Chanhassen citizens. If Chaska is so interested in it, why didn't they purchase some land in their own City? Jerry Larson: The project that was developed was a compromise between- : €hiska and NSP to locate a joint development in an area that would be easily accessible to .both communities. As a part of the agreement, Chaska agreed to invest so many dollars in the project. It was agreed that Chaska purchase the land and they would own facilities within the local distribution substation. That would take care of their share. The remainder then was NSP's share of the whole project which makes an easier division of ownerships. NSP would own and maintain the entire transmission line and Chaska would own and maintain a good share of the facilities within the substation. Who chose Chanhassen? Jerry Larson: It was jointly chosen as a central location to serve all the surrounding communities. Mayor Hamilton: I think the Council's action tonight is to send this back to the Planning Commission with some specific recommendations so that they can review it and make their specific recommendations back to the Council. It is already scheduled for their agenda on April 9th and from what I am hearing from our recommendations, we would like to see it follow an existing alignment whether it's Highway 5, the railroad tracks, proposed 212, but all those things need to be investigated plus some of the alternatives you showed us this evening espe- cially the one that's going from Deephaven with a temporary substation in Chanhassen until such time as everything else gets connected, but I think they need to look at that, it would seem to me to be an alternative that should have a great deal of consideration. I am certainly not in favor it of going across section lines, property lines or any other type of line other than an alignment, a road, or a railroad track, which I just mentioned, that is already in place. Councilman Horn: I certainly agree. We don't want to cut two paths through anything. My feeling on Highway 212 is that if we don't get Highway 212 we aren't going to have to worry much about getting more power out here because are going to dry up anyway for any more development. I really we like the idea of tying it to 212 and if that means we have to delay setting up where it's going for some time until we do that, I don't see a problem with that. I don't see Council Meeting, Marqk 17, 1986 E -35- that I really understand the pressure to get this going so quickly. It would seem to me that if this thing has really been planned this long we should have known about it before now and we should have had time to work it into our planning process and I think we should just take the time to work it into our planning process. Councilwoman Swenson: My recommendation would be to deny the Zoning Ordinance amendment to allow this in the City at all unless some agreement can be derived whereby it will follow the existing Highway 5 and cut across the railroad track through the commercial area, industrial area that is apparently going to be in need of it. Those are the two recommendations that I would make. Councilman Geving: I am in favor of denying the Zoning Ordinance amendment and a conditional use permit for a transmission line in the City of Chanhassen. I believe that we should stay within the current and existing right -of -way men- tioned by the homeowners. My first choice would be the railroad alignment and right -of -way and my second choice would be Highway 5 and my third choice would be Highway 212. I don't think we should be pressured or intimidated as a Coun- cil into acting quickly on this measure because until Friday I had never heard about this and now all of a sudden we are talking about some planning or scheme to develop something by March or early next summer in 1987 and we are still trying to work our way through a five -year comprehensive plan for the City. There is no long range plan in here. Some of the thoughts that I have, I don't want it at all in Chanhassen unless it can be done along existing corridors. I think I have been following NSP for over a year charting their growth and I buy stocks and they do quite well and it seems to me that if there is a need, NSP is there to supply that need and I am not too concerned whether or not there is going to be a community here with buildings that are not going to get service. They are going to get service because they are willing to pay the price and NSP is going to deliver. I know that. That's their way of operating so I am not concerned about any threat or intimidation that we are not going to be able to build in Chanhassen for lack of service so let's get that out of the way right away. Councilwoman Watson: I just want it to follow an existing corridor, Highway 5 or the railroad tracks or as Clark says, let's stand back and let's plan our City and then see if it fits and maybe it never will. Chaska purchased the land in Chanhassen to help supply their needs and I think that if Chaska has an imme- diate problem they should solve their own problems. Jerry Larson: The reason that we are here is to work with communities as far as routing. NSP will do whatever it can to service the area. We will work with the community to provide that service and route that transmission line. We do have one request, it was mentioned of a temporary development to try to maintain the area and our plan was to develop the site for the substation to provide that temporary service, we have a serious concern, a risk of private area, we have a concern for this and what we would like to do possibly is to have some guidance on separating the substation from the transmission routing process because we will work with the community to get it where people would like it to be placed and we feel it is going to take some time and, I guess, we still have this other concern. We, as operators of the electric system, feel that there is some risk to the electric supply to this area so we would like to have that option, if possible, to separate the substation itself so we can do some temporary things while the routing process goes along. Mayor Hamilton: How can we tell you about a temporary service when we don't know anything about your service. That's the only one that was presented to us that has a temporary basis. Council Meeting, Marc P(-7, 1986 -36- Jerry Larson: There is an existing 69,000 volt line that goes from Westgate up to Excelsior and back down. As a temporary measure to take care of the local distribution needs, what we would like as an option is to be able to continue to supply from that 69,000 volt line while we go through the routing process with a 115,000 volt line. Because the 115,000 volt line is not going to be in operation we feel there is a risk involved in that that the City should know about. However, we can minimize part of the local area risk by doing some temporary things at the Bluff Creek Substation site using the existing transmission line. Councilwoman Swenson: I don't know that anybody has decided that that's the proper place for it yet. This immediately requires an amendment to our Zoning Ordinance which I am not prepared to grant because once we make the amendment then we are stuck with it and I am not going to make that commitment tonight or even when it comes back unless I know what they are going to do. Dave Anderson: We have to ask the Council as far as how we should proceed. We can give you our professional opinion as to the risk involved in the electric service and I guess Councilman Geving mentioned threats and we are not threatening anyone. All we are is professional operators of an electrical system and we will show you what the risks are involved in delays. Mayor Hamilton: I would like to see you present that to the Planning Commission and show them the alternatives and they can make a recommendation back to us. Councilman Horn: I think you also need to present some of the potential dangers of this type of thing. If there is a health hazard involved we need to know about it because if there is you probably won't get it through here anywhere. Dave Anderson: I think there is a misconception about this as it's just a Chaska project. When we first started looking at it from NSP it was a Chanhassen project to get capacity to your industrial park. Those five alter- natives that I mentioned were five alternatives to get a feeder circuit into your industrial park area and as far as whether it's located in Chaska or Chanhassen or whatever, that was more or less dictated so that we could get that thing up to where we could use it to supply the load. When an industrial customer comes in it allows you to have them hook up a large motor if they have to, if they are looking for a special type of supply those kind of things, but it's basically for Chanhassen and we are looking for a feeder in 1987. That's why Jerry was talking about this temporary station. This requires getting pro- perty, getting it rezoned, so we start all over and we are probably going to miss that 1987 deadline. The only other viable option that I see is to go back to Excelsior and do some work there to bring a feeder down into the Chanhassen area and park a mobile type substation down near Chaska to handle that for a couple of months or summers till we figure out where this is going but it's strictly short term and when we get to 1988 or 1989 we are going to be looking for support on the transmission line, not just distribution substations. That's really our weak link in the chain is how much power we can take off that transmission line so that's why we wanted to come and explain what the options were available in the City of Chanhassen. As far as Chaska is concerned, they are just riding along with us on this project. We found out they wanted a second point of service and they were going to build it for so many dollars so we said if you throw in with us we will serve both. Mayor Hamilton: I think all of this should go to the Planning Commission. I think there has been information brought here tonight that they didn't have a 1 chance to review and I think it would certainly help them make a recommendation. ._ - ... .va:. .ratio ✓a¢+io:a ..a_ :. .: _ .. Yom.:'. i.. CC December 26, 1985 Mr. Don Ashworth City Manager City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 IDear Don: Lc, PacI'! Chaska The purpose of my letter is to provide you a summary of the City of Chaska's participation with Northern States Power and the Bluff Creek Substation. Sometime ago, the City of Chaska determined that an additional substation facility was necessary in order to service its electrical customers. The original concept was to build a small separate facility servicing only the Chaska service area. In early 1985 the City and NSP completed a study to determine the feasibility of construction a joint system servicing both utilities needs. As a result of the study and subsequent negotiations, the two parties entered into a Letter of Intent outlining terms and condi- tions of the joint facility. Attached is a copy of that Letter of Intent. The basic elements of that Letter of Understanding are: A. The Chaska would be guaranteed 50% of the capacity from the Bluff Creek Station. B. Chaska will contribute $1,273,000 based on 1984 costs. C. Chaska will be responsible for acquiring the substation land. 1 D. NSP will be responsible for all construction and engineering. E. The joint project is contingent upon obtaining the necessary governmental approvals for the wood pole transmission line thru Eden Prairie and Chanhassen. F. NSP will provide a temporary substation in 1986 to be used jointly by both parties. RCC.L' . r CL7 DEC 2 0 1985 )Vp6gl1 /M " C1 Y Ur CHANHASSEN City Of Chi Ska Minnesota 205 East Fourth Street 55318 -2094 Phone 612/448 -2851 Don Ashworth�l December 26, 1985 Page 2 The City of Chaska has reviewed NSP's proposed substation site plan and supports the project as proposed. If you have any additional questions or desire other information relative to its participation in the project, please feel free to contact me. Sincerely, Dave Pokorney/ City Administrator DP:jai Enclosure Northern States Power Company 414 Nicollet Mall Minneapolis. Minnesota 55401 Telephone (612) 330 -5500 January 20, 1986 — Honorable Thomas Hamilton, Mayor and Council City of Chanhassen 690 Coulter Driver Chanhassen, Minnesota 55317 BLUFF CREEK SUBSTATION AND WEST GATE /BLUFF CREEK 115/69 KV Transmission Line Northern States Power Company (NSP) respectfully requests a Conditional Use Permit for the new proposed Bluff Creek Substation in Chanhassen, to be served from Westgate Substation in Eden Prairie, a distance of 6 -1/2 miles. This will provide the electrical needs to Chanhassen and include the City of Chaska with a feed from this station. In addition there will be an extension of a 69 kv temporary transmission line tap and include a 115 kv to Bluff Creek. NSP will extend and expand on our existing 69 kv transmission line in a southerly direction from Bluff Creek with a proposed 1151169 kv double circuit transmission line for approximately 1 -1/2 miles through the City of Chanhassen. We will extend through Chaska and Shakopee to NSP's Scott County Substation. This will provide for reliability of service for Bluff Creek with backup source of 115 kv from either Westgate or Scott County Substation. Attached are copies of the proposed route map #NH- 101591 whereby NSP will construct a 69 kv tap line of approximately 600 feet and construction of the 115 kv capacity consisting of 6 miles total through Eden Prairie to the City of Chanhassen, all on private right -of -way. The following is the construction for the proposed 69/115 kv transmission line and information on the electrical substation. Conductor and Shield Wire Conductor 795 ACSR, Shield Wire 3/8 EHS. Right-of -WaY Required The proposed single wood pole transmission line will consist of upswept davit arm construction. Attached is a picture depicting this structure. The pole heights will be approximately 75 feet to 80 feet with right -of -way requirements of 60 feet. Our spans will be 250 feet to 300 feet. The exact structure location will be determined by the final survey and will depend on terrain and existing conditions. The proposed extension of the 115 kv from a Honorable Thomas Hamilton January 20, 1986 Page 2 cc- Northern States Power Company Bluff Creek extending southerly for approximately 1 -1/2 miles will also be a single wood pole carrying the new proposed 115 kv and the existing 69 kv double circuit all on one wood pole. Because of long spars it will be necessary to have H frames with 100' of right -of -way. Presently on our 69 kv existing trans- mission line we have a 75' right -of -way. Damages In addition to payment for the easement, NSP will compensate for any damages incurred to property owners during construction and /or if future line maintenance results in damages. Any damages will be settled after the property owners have filed proper claims with Northern States Power Company. Clearances and Construction Rating All clearances will comply with the American National Standards Institute IWCE., 1977 Edition National Electrical safety Code (Power Circuits). Schedule Begin Right -of -Way Begin Construction End Construction Line In- Service Negotiations T.�Zsical Design of Substation Temp 69 kv Upon approval March 1986 May 1987 May 1987 115 kv of City August 1986 May 1988 May 1988 The substation will be rigid T Beam galvanized steel with concrete foundations consisting of 115/69/13/8 kv transformers. The structure will be approximately 36' in height. The substation will be enclosed by a chain link fence 6' in height with l' of barbed wire for security. The area to be fenced is 360' x 1751. A metal control house will also be on site to contain all the electrical controls for the substation, the size of the building will be 35' x 201. Attached is a picture of an existing substation. This substation is self- maintained but will have NSP and City of Chaska at this site once or twice a week for short periods of time. Honorable Thomas Hamilton Northern States Power Company January 20, 1986 Page 3 The access driveway for the substation is shown on our drawings, the grade of this parcel dictates this location for the drive. We trust the information contained herein will be processed and naccepted at your earliest convenience. D J Chmiel, Senior Consultant Regulatory Liaison ve attach tA�NN�Or4 yo A � � \ OF TRv r C C Minnesota Department of Transportation District 5 2055 No. Lilac Drive Golden Valley, Minnesota 55422 (612) 5453761 April 8, 1986 Ms. JoAnn Olsen, Assistant City Planner City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 In Reply Refer To: 315 S.P. 1017 -07 T.H. 212 (Future) Plat Review of Proposed Bluff Creek Substation Located Near the Jct. of Co. Rds. 117 and 17 in City of Chanhassen, Hennepin County Dear Ms. Olsen: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: - The proposed subststion location will not be affected by future T.H. 212 construction as presently proposed. The proposed 115 KV power line, as shown on the preliminary plans dated 10/3/85, would be impacted by future T.H. 212 alignment. We suggest that NSP staff people continue to work with our staff so that any new location chosen for the future power line is compatible with the future highway plans. - Our staff has been contacted by NSP staff and they indicated they are also looking at a route for the power line which would run parallel to inplace T.H. 5 from the Westgate Substation to the C.M.St.P. &P. in Chanhassen. Again, close cooperation between Mn /DOT and NSP will be necessary so that the proposed power line construction is compatible with future highway plans. - A permit will be required for any proposed construction within the highway right of way. An Equal Opportunity Employer CITY Of CHANHASSEN RECEIVED APR 2 ,!_ 1986 CHANHASSEN PLANNING DEPT. AIFA-- if-lff� -T 4 f ) Ms. JoAnn Olsen April 8, 1986 Page Two — In our review we have assumed that Carver County is reviewing the proposed plans. If you have any questions in regard to this review, please contact Evan Green at 593 -8537. Thank you for your cooperation in this matter. Sincerely, W.M. rawford, P.E. �I District Engineer cc: Sandra Gardebring Metropolitan Council Roger Gustafson Carver Co. Engineer LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 (612) 937 -1900 APPLICANT: Ac' y - �� %STi� C i ��:t%OWNER: A M BcNAcO 'T' Niyi�c ADDRESS 4a h11LntLE-- ADDRESS Zip Code TELEPHONE (Daytime) 3,36 •,drys( TELEPHONE REQUEST: Zoning District Change Zoning Appeal \\ // Zoning Variance Zoning Text Amendment Land Use Plan Amendment Conditional Use Permit r-- Site Plan Review ''PROJECT NAME /-� rF(1 - (/ C - PRESENT LAND USE PLAN DESIGNATION REQUESTED LAND USE PLAN DESIGNATION PRESENT ZONING V'- i q REQUESTED ZONING USES PROPOSED SIZE . QF I PROPERTY 7 f7C E'er C REASONS FOR THIS REQUEST Z (L -T N: 0 p Code Planned Unit Development Sketch Plan Preliminary Plan Final Plan Subdivision Platting Metes and Bounds Street /Easement Vacation Wetlands Permit • <�,,, .ovr..: - L7 /' /Cf1 l.:l�f�/iciry ` LEGAL DESCRIPTION (Attach legal if necessary ) -/�T'r,'Oc 2r'p /-� tT-eb c6 Mrs I- 13 City of Chanhassen Land Development Application Page 2 FILING INSTRUCTIONS: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the City Planner to determine the specific ordinance and procedural requirements applicable to your application. FILING CERTIFICATION: The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances.' Signed By Date 4� = 3c:•r�^L,Y� v The undersigned hereby certifies that the applicant has been authorized to make this application for the propert t, in described. y re Signed By Date Fee Owner %X :� kv� T Date Application Received O �7 b 1✓'� Application Fee Paid /�.7�:� f, —' i(�,n / City Receipt No. l 2 y * This Application will be Boar- d_of,Ad- j- ustments —and meeting. i h • 1 VT i •� nr CiW :OF%CHANHASSEN ' %r7ECEIVED IAN CHANHASSEN PLANNING DEPT. considered by the-_PIA11a ng Commission/ , Appeals at their f 11 PUBLIC WORKS DEPARTMENT (612) 448.3435 C COUNTY OF CAQVEQ April 21, 1986 Ms. JoAnn Olsen, Assistant City Planner City of Chanhassen 690 Coulter Drive P. 0. Box 147 Chanhassen, MN 55317 Re: Proposed Bluff Creek Substation Planning Case 85 -14 CUP Dear Ms. Olsen: CARVER COUNTY COURTHOUSE 600 EAST 4TH STREET CHASKA, MINNESOTA 55318 (612) 448 -3435 Carver County has previously submitted comments for the location of the above mentioned substation. In regards to the transmission lines, Carver County would require that any aerial crossings over County Roads would meet recom- mended safety height standards. A previous plan showed transmission lines located along C.S.A.H. 18. The line location along the railroad, as presently shown, is preferable to Carver County. We would assume the City of Chaska will be contacted for any necessary permits for the Southern transmission line. Thank -you for this opportunity to comment. Sincerely, Bill Weckman, P.E. Assistant County Engineer BW /cr Affirmative Action /Equal Opportunity Employer C►TY OF CHANHASSEN °x CE,IVED APR 2" 1986 CHANHASSEN PLANNING DEPT. PLANNING COMMISSION MINUTES REGULAR MEETING APRIL 23, 1986 i Chairman Ryan called the meeting to order at 7:35 p.m. MEMBERS PRESENT Steven Emmings, Robert Siegel, Bill Ryan, Ladd Conrad, Howard Noziska and Mike Thompson. MEMBERS ABSENT Tim Erhart STAFF PRESENT Barbara Dacy, City Planner and Vicki Churchill, Secretary. PUBLIC HEARING 2. Northern States Power Company: a. Conditional Use Permit request to allow 115 kv power transmission lines through the City of Chanhassen either along Highway 5 and the Chicago - Milwaukee Railroad or along the future Highway 212 alignment. r b. Zoning Ordinance Amendment to allow Substations as a conditionse in the R -la, Agricultural Residence District. C. Conditional Use Permit request to allow a power substation to be located on 7 acres of property zoned R -la, Agricultural Residence District and located at the northwest corner of County Road 17 and County Road 18. Public Present Doug Hansen 17001 Stodola Road Jim Curry 4817 Upper Terrace, Edina Gayle & Lois Degler 1630 Lyman Blvd. _ David B. Setterholm 18780 W. 78th Street (The Press) Al Klingelhutz 8600 Great Plains Blvd. Walter & Marisa Paulson 8528 Great Plains Blvd. George St. Martin 9231 Audubon Road Christine Peterson 9900 Bren Road East, Mpls. (Opus) Dacy stated that first staff would like to discuss the placement of the four alignment options. She stated that on February 12, 1986, the Planning Commission reviewed the request and recommended denial of the proposed route so that the City Council could give direction to the Planning Commission, the applicant and staff. - She stated that the Zoning Ordinance Amendment to allow electri- cal substations as a conditional use was tabled at that time. She stated that the transmission line application was considered ....f�TT�!f C C C Planning Commission Minutes April 23, 1986 Page 2 by the City Council on March 17th. She stated that at the March 1.7th meeting, NSP presented information regarding the need and justification for the 115 kv line. She stated that the alignment was also a major issue. She stated that each of the Council mem- bers stated their position on the issue and it was stated that Highway 5 alternatives should be evaluated by NSP. She stated that the City Council referred the matter back to the Planning Commission because NSP submitted additional information as to the need of.the 115 kv line and the need for the location of the substation at the proposed site. Dacy presented a video of the all the alternative routes that NSP has submitted that could be followed. She stated that she would discuss the advantages and disadvantages of each of the proposed routes. 1:- Highway 5 - West 184th Street - Railroad She stated that this option proposes installation of the transmission -lines from the Westgate Substation, along Highway 5 to the Chanhassen Eden Prairie boundary (the future right-of-way of West 184th Street) north to the Chicago Milwaukee St. Paul & Pacific Railroad. She stated that the lines would then follow the railroad along the rear of Lyman Lumber, the rear of the Chanhassen Meadows apartment project, through the eastern portion of the downtown area adjacent to the Taco Shop and the Apple Valley Red -E -Mix and through the business park to the existing 69 kv line west of Audubon Road. Dacy stated that the advantages of this route . is that there would be no visual impact on Highway 5-:as one enters the City..-She stated that the disadvantages would be that the lines would be located within 50 feet of the Lyman Lumber storage buildings and the Chanhassen Meadow garage buildings. She stated that NSP has indicated that there is not enough clearance between the transmission poles and the structures. She noted that-in the case of Lyman Lumber, flammable products are being stored in these buildings which are located close to the rear property line. She also stated that in Eden Prairie on the north side of the_railroad. tracks, a single family subdivision is under construction. She stated that the transmission lines would be located adjacent to a single family neighborhood. She also noted another disadvantage is that the railroad communication lines may have to be relocated. 2. Highway 5 - West 78th Street - Railroad She stated that this option proposes installation of the transmission.lines from the Westgate Substation along Highway 5 to where the railroad crosses West 78th Street and then continues 14 Planning Commission Minutes April 23, 1986 Page 3 59 along the railroad to the existing 69 kv line west of Audubon Road. Dacy stated that the advantage of this route is the that align- ment does not interfere with any existing or proposed single family residences or industrial- buildings. She stated that the disadvantages of this route would be that transmission poles would be visible in the major entrance corridor into the com- munity and the downtown area and again the railroad communication lines may have to be relocated. 3. Highway 5 - Railroad Dacy stated that this option proposes installation of the transmission lines from the Westgate Substation, along Highway 5 and then to the railroad near the church site. Dacy stated that an advantage to this route would be that transmission poles and lines would not be located through down- town commercial property. She noted that the disadvantages were that transmission lines would have to cross Highway 5 in the vicinity of the Dakota Avenue and Highway 5 intersection and that the poles would be located along a significant portion of the Highway 5 corridor. L 4. Highway 212 Corridor Dacy stated that advantages to this option would be that transmission lines would not be located along the major entrance into the community; it would help to establish the 212 corridor; and that the western portion of the route along Lyman Boulevard is along the the urban service area boundary. She stated, however, the disadvantages of the alignment are the uncertainty of the timing and installation of the 212 corridor in relation to NSP construction timetable; if the 212 corridor is not installed, the transmission lines would bisect large tracts of land which could become residential areas in the future (Curry and Klingelhutz property). Dacy stated that in summary, Option #1 has a section without ade- quate right-of-way for public safety in the area along Lyman Lumber, the Eden Prairie border and the Chanhassen Meadows apart- ment project. Option #2 locates the transmission lines along an existing corridor (Hwy. 5) and intersects the railroad at the cement plant. Transmission lines would be located along the railroad at the rear of the dinner theater area. Option #3 also locates the transmission lines along an existing corridor but follows Highway 5 for a longer distance. option #4 is the most direct route but may create a corridor through potential residen- tial areas. i Planning Commission Minutes April 23, 1986 Page 4 however, because a Highway 5 alignment may be recommended in Chanhassen, Eden Prairie staff now indicates that Eden Prairie would allow a Highway 5 alignment. She also stated that Eden Prairie did consider a requirement for underground installation and NSP indicated that underground installation would signifi- cantly increase costs because of the technology involved. Dacy also noted that NSP has also met with MnDOT staff as to the location of the lines in relation to the widening plans. _She stated that MnDOT indicated that both agencies would have to work together in locating the lines appropriately. Jerry Larson, NSP Planning, stated that there are two major lines that come into the Chanhassen area; one from Eden Prairie and one from Scott County. He stated that if for some reason from a storm or if a car hits a pole, if something were to remove one of the power lines from operation, the only remaining source to the area would be from Scott County. He stated that by 1988 with the growth that is occurring in Chanhassen, Eden Prairie, Excelsior, Deephaven as well as Chaska, what will happen is the remaining line will hold a percentage above what its capability is to carry it. He stated that there is not enough capacity in the existing line to carry to all of the customers. He stated that in order to protect the Westgate facility, they would be forced to interupt service to some customers if this situation would occur during a high load period. He stated that when the lines are loaded to the extent that he is talking about, the wires sag and they get hot and cause safety problems. He stated that they also have to consider loss of power to the Chaska end. He stated that when that happens, they.have to load the lines from Westgate over its -100% capacity which - weakens the lines. " Ae stated that the solution, if there is a facility that is overloaded, what you do is build a transition facility that would be in parallel so if you lost any of these facilities there is an alternate back -up which would be the Bluff Creek substation. ,He also state_d.that they have talked with the Minnesota Valley Co -op and-the proposed substation site is potentially an alternate source in the future for the Co -op to use. He stated that site was chosen because it was a compromise location between the needs of Chaska and NSP's needs to serve Excelsior, Chanhassen and Eden Prairie area. He stated that it is located half way in between and for all -of the customers in the area. He stated that a question was raised at the last meeting about why NSP could not build from the south a single line from Scott County back to the Bluff Creek project. He stated that there are two outages causing the need. DAve Anderson, NSP - Minnetonka Office, stated that being able to construct shorter feeders enables NSP to increase the capacities to serve the present as well as future loads,,give reduced expo- sure to outages, and also gives better back -up. He stated that there is reduced line losses that help conserve energy, better _.._ ..: sue... r C Planning Commission Minutes April 23, 1986 Page 5 t voltage control and regulation on the feeders and in the industrial operations sometimes big machinery flickers and with shorter feeders enables more consistent voltage fluctuations. He stated that there are nine substations located throughout the area. He stated that the present feeder that serves Chanhassen comes out of Deephaven substation at Highway 7 and Vine Hill Road. He stated that their load forecast indicates that they will need another feeder /distribution circut in this area to maintain reliable service in 1987. He stated that they looked at several alternative solutions. He stated that the first solution was to go to Excelsior and add a third feeder. He stated that it would require increasing the transformer capacity in the substa- tion needed by changing out the existing transformer to an electric one or adding a second transformer. He stated that it is fairly simple to do on a distribution level but it meant that they were using up much of the remaining capacity in that 69 kv line that is presently serving Deephaven and Excelsior. He — stated that their second choice was a long feeder out of Deephaven and again from a distribution point of view it is very simple to do. He stated that longer feeders have the disadvan- tages of increased exposure to outages and increased line losses. He stated that it is a possibility, but the problem was the same as Excelsior where they used up much of the remaining capacity in the 69 kv line. He stated these types of solutions might work —` for the next feeder but the real problem is where do you go from there once the transmission capacity is used up? He stated that the third choice was to come back from the Westgate substation and bring out an express feeder, about three miles, into the industrial area. He stated that this is a possible solution, but some of the problems with long express feeders are with overhead are trees and underground, with dig -ins and cable failures. He stated that also there are some proposed highway improvements along Highway 5 and it was difficult to find a place to put that feeder where it could be left and not moved again during that construction period. Don Chmiel stated that the route NSP is recommending is coming down Highway 5 from Eden Prairie, parallelling Highway 5 on the north side of road, to the cement plant, then parallel to the railroad. He stated that the other alternative would be to follow Highway 5 in and around and then meet the railroad again, at the church then down to the 69 kv line. He stated that either route is acceptable to NSP. He stated that if NSP did not feel there was a need to provide the service, they would not spend millions of dollars to do this. Ryan asked if there were any petitions or letters to enter into the record? Dacy stated that staff received a letter today from Opus Corporation and there is a representative here tonight. 0 Planning Commission Minutes April 23, 1986 Page 6 Jim Curry stated that he was pleased the 212 alignment. He stated that he along Highway 5. 0 that NSP was not recommending supports either alternative Al Klingelhutz stated that most of his feelings were expressed at the last Planning Commission meeting and City Council meeting. He just wanted to state that if high voltage lines were to follow along 212 corridor, which someday will be a residential area, it would be a real detriment to the values of the property. He felt it would be a shame to place 115 kilowatt lines through an area that contains so much promise for the City. Melissa Eide stated Lake Riley and Rice Lake is a fly away for birds going back in forth. She stated that some of these birds fly at eye level and would hate to see some of these birds fly into a high line. Gayle Degler wanted to again state that in April, 1971, his brother was killed with the lower powered 69 kv line. He stated that first of all as far as the need, he stated that the need is not in Chanhassen. He stated that he felt it was real nice that NSP and Chaska got together and decided to put the substation in Chanhassen. He stated that the 212 corridor is going to cross at C.R. 17 and C.R. 14 and felt the line should follow there because it would be closer to the people that need the service. He stated that he is against the substation at the proposed site. He felt that sometimes the need is over stated to stress a point. He asked if NSP does not get approval for the proposed lines, does that mean the substation is dropped? He stated that he heard the substation is going to go even if the City_of Chanhassen says no Northgate power line. He stated that he does not know how the power line will affect him or his children, but he stated that with his business with milking dairy cows. He stated that the phrase "stray voltage ", which does things to ani- mals and to cows causes masditis which is an inflamation which can cause economic ruin to a farmer. He stated that NSP has done studies at St. Cloud'where they measured the 'masditis where-a line went similar to the one that passes his homer He stated that when they moved the line off the man's property, his produc- tion increased greatly. George Warner, NSP, stated that in the study, after the transmission line was moved, the stray voltage was still there and it was proved that it came from a different source. Gayle Degler stated that stray voltage is a problem and he is not going to say how 115 kv will affect his herd or his family. He felt that Chanhassen could find another place for the substation. Ryan asked for the_ record, if he lived in the first home south of the substation? Planning Commission Minutes April 23, 1986 Page 7 Gayle Degler stated that his parents live there now on the east of the road. He stated that obviously Chaska would like the substation in Chanhassen. He suggested placing the substation farther north. Christine Peterson, Opus Corporation, asked for a continuance of — the public hearing. She stated that the proposed line goes . directly through the business park and they would like time to assess the implications. She stated that the first question Opus asked NSP is why not bury the cable. She stated that they first — stated because of the high voltage and then found out from another source that there was a cost factor involved, and asked which it was? She stated if the lines would be in the railroad — right -of -way or if land would need to be deeded. She stated that at first they stated it would be in the right-of-way and then said they would need an easement dedicated, and asked for a correct answer on that. She also asked what the restrictions on — the lines such as height, closeness to a structure, etc.? Jerry Larson, NSP, stated that in order to bury a higher voltage line the cost goes up dramatically. He stated that to build the line from the Westgate substation to Bluff Creek, which is about 61 miles, the cost would be approximately $160,000 to $175,000 a mile for overhead line. He stated underground line would cost between a million and a million and a half dollars a mile. He stated that NSP's position is that in order to maintain lower rates to attract industry so that all of the consumers can afford electricity. Ryan stated that there was another question about railroad right -of -way? George Warner, NSP, stated that they would attempt to get a per- - manent easement on the railroad right-of-way. He stated that there some cases where they would have to be on private property. He stated that their easements are determined by the National Electric Safety Code Clearance. He stated the reason they prefer not to have buildings on the right -of -way, although there are some, is to protect the lines. He stated that in the case of the lumber company, they are concerned if there is a fire, the heat — from the fire will heat the conductors up beyond the thermal limits and the line will sag and trip -out and would lose the line. He stated that they have allowed commercial buildings on the easements which are constructed of fire proof materials or a sprinkling system that provides a two hour fire rating from an interior fire. He stated the reason for the two hour rating is that a fire department could respond within a two hour period — and the fire would not weaken the roof and would not heat up the conductors. C C Planning Commission Minutes April 23, 1986 Page 8 Ryan stated that he thinks the question is if NSP goes along the ' railroad right -of -way, would they need some of Opus's property for an easement and how much? George Warner stated that they could give an approximate guess of about 40 feet outside of the railroad right-of-way. He stated that they will be using part of the Highway 5 easement also. Jerome Carlson, one of the owners of Instant Web, stated that he sent a letter to the City Council in March and stressed concern relative to the continued shortages that his company is experiencing. He stated that he is not addressing the pros and cons of the substation. He stated that there is a need for the electricity. He stated they have a log available that can verify the number of times that they have had black -outs or shut downs. He stated that whether the electricity is off for 30 seconds or five minutes, many things occur. He stated that in many cases the circut boards either burn out immediately or prematurely as a result. He asked how they would be able to add more equip- ment or more industry without the extra power. Dave Anderson, NSP, stated that the last outage that occurred was an operator switching error. He stated that one of the operators closed a switch before he opened another. He stated that they have had massive tree trimming program and felt that there should be less outages because of this. Jerome Carlson also stated that he felt there was a power shortage. He stated that the need for him is growing rapidly. Dave Setterholm, representing the Press, stated that he would like to echo Mr. Carlson's comments in that they also see the desparate need for more power. He stated that they have also had power outages from time to time and it is very costly. He asked what the poles would.look like. George Warner stated that they would be a single steel pole along Highway 5 the height would be approximately 80 to 100 feet above ground. He stated that there would be a pole every 400 to 600 Dave Setterholm stated that in the - report, NSP did not want to follow the 212 corridor because the route was not firmly established. He stated that widening improvements were planned for Highway 5 and asked if that might be a problem? George Warner stated that they have the preliminary plan for the Highway 5 improvements. Dave Setterholm asked if the expansion of the Highway determined which side of the highway the poles would be on? Y Planning Commission Minutes April 23, 1986 Page 9 George Warner stated that they hope to stay on the north side and will clean up the existing poles on Highway 5. Dave Setterholm stated that his concern is that he is not sure the City wants to have 100 foot poles at the entrance of the City. He stated that they have invested a lot of money into what they feel is an attractive building. He was not happy that it was possible to have these poles 100 feet from the front of their building. Don Chmiel stated that in a letter from MnDOT to Jo Ann Olsen, MnDOT stated that they are also looking at a route for the power line which would run parallel to inplace Highway 5 from the Westgate Substation to the railroad in Chanhassen and close cooperation between MnDOT and NSP will be necessary so that the proposed power line construction is compatible with future high- way plans. Jerome Carlson asked if nothing is done in the next few years, he asked where it would leave Instant Web, United Mailing and Victory Envelope specifically and other people in general in terms of not enough electricity. Jerry Larson, NSP, stated that as the demand grows, there will be a greater number of hours of potential failure. Ryan asked what NSP's schedule was from a construction standpoint and when would they be able to deliver service to Victory Envelope from the new substation? Don Chmiel stated that the schedule is that they would like to begin right-of-way negotiations right away with the City and proceed with the requirements. He stated that the begin construction date was March, 1986 for the 69 kv portion. He stated that they look to complete the temporary 69 kv line in service by May, 1987. He stated that for the 115 kv line, they are looking at starting in August, 1986 with completion in May, 1988. Christine Peterson stated that from Opus's standpoint they would like to assess the need in numbers or statistics. She asked what clearance restrictions there would be and what impact a 115 kv line would have on a main stream computer? George Warner stated that they have done a study that any struc- ture of metal or wire in any building provides shielding for your electronic equipment. George stated that there has not been an answer to Mr. Degler's question about the location of the substation, why it _ could not be placed further south. C C Planning Commission Minutes April 23, 1986 Page 10 Don Chmiel stated that the City of Chaska is not in quite the need that the City of Chanhassen is in. He stated that this was pointed out at the last meeting. He stated that Chanhassen does need it more than Chaska and what they are looking at is by bringing Chaska into the project, they can defer some of those costs. He stated that by placing it further south, it would take away from Chanhassen. Chaska wanted it further south, but Chanhassen needs the capacity into the industrial park. asked if the substation was going to sit on the hill? Don Chmiel stated that the grades from the county road which is about 920 feet, and to the top point- of the substation which would be 935 feet. Gayle Degler stated that the road is the highest thing around there except for his building site. He stated that it is on top of the hill. He stated that it is going to be seen coming from the east and south because it will be sitting up on the hill. He asked why Chaska approached NSP and not Chanhassen? Don Chmiel stated that Chaska is a wholesale buyer from NSP and they will help defer some of the costs. stated that he has never seen a substation that had enough landscaping. Don Chmiel stated that he agrees, however, they have tried to make the building more attractive and with the grade they are at, they have brought it down quite a bit. Al'Klingelhutz asked if they have considered moving the substa- tion closer to the railroad tracks which is about two or three blocks north. Don Chmiel stated that they need the roads to get into it. Al Klingelhutz stated that there is a nine ton road leading up to the tracks. He stated that the substation now is at a high visi- bility and at the intersection of three roads and felt if it was moved back, it would not have so much visibility and would be on one road. Gayle Degler asked if there was a difference in right -of -way between just a 69 kv and a 69 and 115 kv line? George Warner stated that the right -of -way will vary with the type of structure. He stated that with a double circut they planned on using a single pole structure where they can. 3 - Gayle Degler asked what could be built in that right -of -way? Planning Commission Minutes April 23, 1986 —r Page 11 i George Warner stated that as he said before no residential buildings, it could be commercial buildings with certain restric- tions as far as type and clearance. He stated that some cities are using the right -of -way for a walking trail or parking lot. Noziska moved, seconded by Emmings, to close the public hearing. All voted in favor and the motion carried. M. Thompson asked what staff's position was on this? Dacy stated that staff's position was to show the pros and cons of each alternative. She believed that Option #1 poses the most problems and either Option #2, #3, or #4 would be feasible. M. Thompson asked as far as alignments, besides 212, which would have the least impact on the downtown? Dacy stated that Option #3 would skirt the downtown and would be along Highway 5. Noziska stated that all of the options have impacts. He asked if Eden Prairie had any comments on this? Dacy stated that Eden Prairie has indicated that a Highway 5 alignment would be approved. Noziska felt that the proposed site of the substation was not very good as far as visibility and off the beaten path. Jerry Larson stated that if the substation was placed too far north, it will have problems reaching Chaska and if it is placed too far south, then there will be problems for Chanhassen. Noziska asked if NSP would consider moving the substation north by the railroad tracks and asked staff how far it would be from the proposed site? Dacy stated that it would be approximately a half mile. Jerry Larson stated that it has to remain in the center proximity of Chanhassen and Chaska within about 1 to 1} miles from the pro- posed site. Noziska felt that the substation should be placed next to the tracks. He also asked why Opus was not brought into the case earlier? Dacy stated that the public hearing notice was sent to Opus /Alscor Investment and went to their general office. She 51 C C Planning Commission Minutes April 23, 1986 Page 12 stated that she did call Michele Foster to check and verify what their position would be and was told that she had not received it. Noziska asked staff what she felt their position was? Dacy stated that. she believed they still want additional time to go through their internal review process and assess the impacts as far as retailing their lots in the area. Noziska asked if the Commission would have to table the item again or was there another solution? Dacy 'stated that the Commission could direct the applicant to work with Opus in the meantime before the item went to the City Council. Conrad stated that he is not convinced that the right location for the substation has been identified. He asked if there were any dangers with the 115 kv line versus the 69 kv? George Warner stated that National Electric Safety Code specifies the structure strength, the strength of all mechanics in the line, etc. Conrad asked if any other agencies beside NSP would respond to down lines and also if the longer span between lines would cause more problems than shorter spans? Don Chmiel stated that in some instances there would be police to detour traffic. He stated that dangerous wise, - .there would not be much problem with transmission lines. He stated that tor- nadoes have a tendency to pull them out, and they would have a dominoe effect. Conrad stated that he would suggest Alternative #2. `He stated that he dislikes it going through the downtown area after spending a lot of money to encourage development and it is unfor- tunate that it' has to be placed there. He does not know where the power station should be and would like staff to make a recom- mendation on that. Bob Siegel was concerned about the suddenness of the request and was concerned about placing the substation at the proposed site without any other alternatives. He was also concerned because staff did not make a specific recommendation on the routes. He stated that they presented three alternatives in which all have pros and cons. He feels that there should at least be one alter- native for the substation which would be less visible. Dacy stated that staff did not make a specific recommendation because some of the criteria was very subjective and not directly C Planning Commission Minutes April 23, 1986 Page 13 r planning related. She stated that one person may have no problem with 100 foot white poles along Highway 5; however, there are others that feel that is a significant visual impact. She stated that there were issues that the public, Planning Commission and the City Council had to address as a whole. She stated that staff felt that by identifying the pros and cons of each route the public, Commission, Council and NSP could discuss which would be the best route. Steve Emmings also felt the location and the lack of flexibility of the substation is of great concern. He stated that he is also struck by the apparent sudden urgency or need of the lines. He also asked what a substation did? Dave Anderson, NSP, stated that a substation has a number of facilities in it and one of the major facilities is a transformer that would transfer the voltage from in this case 115,000 volts down to what is called distribution voltage is 13,800 volts it then goes out on the smaller lines and into the local areas where it is again transformed down to a usable volt. Emmings asked how a substation would give more power? Dave Anderson, NSP, stated that by locating a substation between two areas, such as the existing substation in Chaska and Excelsior, and placing one in between, you are connecting to the higher voltage transmission line. He stated that by putting a higher voltage or pressure in the center of the area, the entire area surrounding has a higher voltage. Emmings stated that Mr. Carlson asked what would happen if there was nothing done about the power and Mr. Chmiel stated that there would be a problem. He asked what exactly would happen, would there be no power, or less reliable power? He stated that Mr. Carlson stated he was having problems with the power and Emmings felt it was more of a service problem rather than be a lack of power. Dave Anderson, NSP, stated that Mr. Carlson was talking about two different problems. He stated that the problem with outages would probably be lessened with the tree trimming, etc. but he also spoke of adding more press and folding machines. He stated that is a capacity problem just like overloading a line in a home. He stated that Deephaven is almost at its peak for capa- city and the problem is not a day to day capacity problem. He stated that problem is when a feeder is down to pick it up on a secondary back -up. Emmings asked if there was a capacity problem at this point in time? C C Planning Commission Minutes April 23, 1986 ic Page 14 Dave Anderson, NSP, stated not at this point; however, Victory Envelope will be going on line this summer and with other industries growing, there is a potential in the near future. Emmings asked -how the substation was chosen? Don Chmiel stated that the site was chosen for several reasons. He stated that one was because the 69 kv line parallels that location and secondly because it is adjacent to a highway or county road with sufficient load capacity. He stated that the third reason was that NSP was able to option that piece of pro- perty and the proximity to location of NSP's needs and to meet Chanhassen's and Chaska's needs. Emmings asked if any other site was looked at? Don Chmiel stated that a site about 3/4 of a mile south on County Road 17 on the west side across from a new residential develop- ment. Emmings stated that if he had to chose a route it would be Option #2. He stated that he does not like it. He does not mind the poles along Highway 5 but felt once they get to the railroad, they should be placed underground and felt that NSP would find a way to afford the cost differences of the overhead and underground lines if made a condition. He felt that it should stick to existing corridors. He felt the item should be tabled because he is unconvinced of the need and feels the City Engineer or a consultant should assess it. Don Chmiel stated that the Public Utility Commission will not allow NSP to underground to benefit one respective city and if the city so desires it to go underground, then it is the city's requirement to pay the difference between the overhead and underground costs. Dacy stated that as far as the need and staff's viewpoint on that, it seemed that it is a Chanhassen problem but also a south- west area problem in that they have to make a connection between the Westgate substation and the Scott County substation and the question is the best way without jeopardizing an overloaded and possible outage in the future. - - Ryan stated that the industrial sites in Chanhassen are along the railroad and the power line should also go there. He felt the substation site could possibly be placed where the MCI tower was approved for. He was not sure he would like the power lines to run through the downtown area. He would recommend Option #3. He stated that power lines run along highways and railroads. He is also not convinced that the city needs the tie line. He stated that he would like to give Opus more time to respond; however, as Planning Commission Minutes April 23, 1986 Page 15 C far as going through that property, lines going through undeveloped industrial property poses the least impact on the south side. Transmission Line Conditional Use Permit: Motion by Conrad, seconded by Noziska, to recommend to the City Council Option #2 or #3 subject to: 1. Advice from Fred Hoisington or other appropriate con- sultant on the route which minimizes negative impacts on downtown Chanhassen; 2. Opus be given a chance to present concerns at the City Council meeting; 3. No permit shall be issued until the City manager in his opinion certifies there is a need for transmission lines. 4. The City Manager agrees that the TH 212 corridor is not a viable alternative; 5. The City should work with NSP to minimize negative impacts on business parks and downtown. All voted in favor and the motion carried. Zoning Ordinance Amendment: Motion by Noziska, seconded by Siegel, to approve Zoning Ordinance Amendment Request #85 -5 to amend Section 6.04, Conditional Uses in the R -la District, as follows: Section 6.04. Conditional Uses. 17. Electrical substations subject to the following conditions: a. The substation must be served by a collector or major arterial street as designated in the Comprehensive Plan. b. The substation will not have sanitary facilities and will not be used for habitation. C. The substation will be located on at least five (5) acres of property. d. A six (6) foot high security fence surround i the substation. Planning Commission(Minutes April 23, 1986 Page 16 e. A landscaping plan be submitted minimizing visual impacts for city approval. f. Substations shall be 500 feet from single family residences. Additionally, to amend Section 4, Rules and Definitions of the Zoning Ordinance to include: Power Substations: A facility comprising of, but not limited to, transmission towers, transformers, power equipment, and structures necessary to house said equip- ment." Substation Conditional Use Permit: Motion by Noziska, seconded by M. Thompson, to recommend approval of Conditional Use Permit Request #85 -14. Motion failed. Noziska - Aye Siegel - Nay Emmings - Nay Ryan - Nay Conrad - Nay Thompson- Nay Substation was not in proper place and sites to the north adjacent to the railroad should be evaluated. No options were submitted to review for the substation. Request for Initiation of Zoning Ordinance Amendment for Corner Lot Setbacks Dacy stated that the current ordinance requires a corner lot to have three 30 foot setbacks (two front yard and one rear yard). She stated that City staff at one time was administratively allowing corner .lot setbacks to include a 30 foot setback along both street frontages, a 10 foot side yard setback and a 10 foot rear setback instead of a 30 foot setback. She noted that in other areas, variances were required, and staff feels an amend- ment to the ordinance is necessary to resolve the issue. - Dacy noted that it has been'found that three 30 foot setbacks significantly inhibit the buildability of corner lots. She stated that the 10 foot setback for the rear yard would also allow for additions, decks, etc. She noted that these expansions in a standard interior lot normally do not require variances because there is ample room from the rear of the house to the setback line. Staff proposed this change as part of the new ordinance and such was part of the Zoning Ordinance report for the March 19, 1986 meeting. Staff recommends that the Planning Commission direct staff to initiate a zoning ordinance amendment immediately