Approval Letter and Site Plan Permit for Signing CITY OF ClIANIIASSEN
A H A S S 0Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
August 16, 2019
Mr. Chris Rogers
Xcel Energy
414 Nicollet Mall GO-6A
Minneapolis, MN 55401
Re: Conditional Use Permit and Site Plan to Allow a 145-foot Pole with a 5-foot Lightning
Rod- Planning Case No. 2019-07
Dear Mr. Rogers:
This letter is to formally notify you that on August 12, 2019, the Chanhassen City Council
adopted the following motions:
Site Plan Review
"The City Council approves Site Plan Permit - Planning Case 2019-07 for a 145-foot pole with a
5-foot lightning rod as shown in Attachment 4, and adopts the attached Findings of Fact and
Recommendation, subject to the following conditions:
1. A building permit is required to construct (erect) the (pole).
2. The pole plans must be signed by a professional engineer licensed in the State of Minnesota.
3. The contractor shall contact the Inspections Division as early as possible to discuss plan
review and permit procedures.
4. The applicant shall enter into a Site Plan Agreement."
Conditional Use Permit
"The City Council approves Conditional Use Permit - Planning Case 2019-07 for a 145-foot pole
with a 5-foot lightning rod as shown in Attachment 4, and adopts the attached Findings of Fact
and Recommendation, subject to the following conditions:
1. The pole shall comply with the requirements in ARTICLE XXX. TOWERS AND
ANTENNAS of the Zoning Ordinance.
PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 •CHANHASSEN •MINNESOTA 55317
Mr. Chris Rogers
Xcel Energy Approval Letter
August 16, 2019
Page 2
2. The pole shall not be illuminated by artificial means and shall not display strobe lights unless
such lighting is specifically required by the Federal Aviation Administration or other federal
or state authority for a particular tower.
3. No signage, advertising or identification of any kind intended to be visible from the ground
or other structures is permitted, except applicable warning and equipment information
signage required by the manufacturer or by federal, state, or local authorities."
Attached is a Site Plan Agreement for you to sign and return in order for the document to be
recorded.
If you have any questions,please feel free to contact me at 952.227.1134 or e-mail at
saljaff@ci.chanhassen.mn.us.
Sincerely,
dm
111111
Sharmeen Al-Jaff
Senior Planner
Enclosure
ec: George Bender,Assistant City Engineer
Eric Tessman, Building Official
g:\plan\2019 planning cases\19-07 xcel energy meter reader pole cup and spr\approval letter.docx
CITY OF CHANHASSEN
SITE PLAN PERMIT 2019-07
SPECIAL PROVISIONS
AGREEMENT dated August 12, 2019 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation, (the "City"), and XCEL ENERGY(the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve a site
plan for the construction of a 145-foot tower and 5-foot lightning rod for a Utility Meter Reader
(referred to in this Permit as the "project"). The land is legally described in the attached Exhibit B.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Developer enter into this Permit.
3. Development Plans. The project shall be developed and maintained in accordance
with the Bluff Creek Substation prepared by Xcel Energy, dated"Revised May 2, 2019".
4. Time of Performance. The Developer shall install all required improvements by
August 13, 2020. The Developer may,however,request an extension of time from the City.
5. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer,its employees or agents,or mailed to the Developer by certified mail
at the following address:
APPLICANT: Xcel Energy OWNER: Chaska Electric
Chris Rogers Andrew Romine
414 Nicollet Mall GO-6A 660 Victoria Drive
Minneapolis, MN 55401 Chaska, MN 55317
Christopher.c.roger@xcelenergy.com aromine@chaskamn.gov
612-330-6078 952-227-7710
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Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen
City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952)
227-1100.
6. Other Special Conditions.
Site Plan Permit- Planning Case 2019-07 for a 145-foot pole with a 5-foot lightning rod as
shown in Attachment 4, and adopts the attached Findings of Fact and Recommendation, subject to
the following conditions:
1. A building permit is required to construct(erect)the (pole).
2. The pole plans must be signed by a professional engineer licensed in the State of Minnesota.
3. The contractor shall contact the Inspections Division as early as possible to discuss plan
review and permit procedures.
4. The applicant shall enter into a Site Plan Agreement.
7. General Conditions. The general conditions of this Permit are attached as Exhibit
"A" and incorporated herein.
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CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
STATE OF MINNESOTA)
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2019, by Elise Ryan, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
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XCEL ENERGY
BY:
Its
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2019,by , on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.0.Box 147
Chanhassen,MN 55317
(952)227-1100
4
CITY OF CHANHASSEN
SITE PLAN PERMIT
EXHIBIT "A"
GENERAL CONDITION
1. Right to Proceed. Within the site plan area, the Developer may not grade or
otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the
following conditions have been satisfied: 1) this agreement has been fully executed by both parties
and filed with the City Clerk, 2)the necessary security and fees have been received by the City, and
3)the City has issued a building permit.
2. Maintenance of Site. The site shall be maintained in accordance with the approved
site plan. Plants and ground cover required as a condition of site plan approval which die shall be
promptly replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the property to perform all work and inspections deemed appropriate by
the City in conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits
are issued,the erosion control plan, shall be implemented, inspected, and approved by the City. The
City may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized,mulched,and disc anchored as necessary for seed retention. The parties recognize
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that time is of the essence in controlling erosion. If the Developer does not comply with the erosion
control plan and schedule or supplementary instructions received from the City, the City may take
such action as it deems appropriate to control erosion at the Developer's expense. The City will
endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so
will not affect the Developer's and City's rights or obligations hereunder. No development will be
allowed and no building permits will be issued unless there is full compliance with the erosion control
requirements. Erosion control shall be maintained until vegetative cover has been restored. After the
site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion
control,the City will authorize removal of the erosion control measures.
5. Clean Up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including materials that have blown, from streets and the
surrounding area that has resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass,and sod required in the approved Landscaping Plan,Plan
C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees
shall be warranted for twelve (12) months from the time of planting. The Developer or his
contractor(s) shall post a letter of credit from a bank or cash escrow with the City to secure the
warranties at the time of final acceptance.
7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting
from site plan approval and development. The Developer shall indemnify the City and its
officers and employees for all costs, damages, or expenses which the City may pay or incur
in consequence of such claims, including attorneys' fees.
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B. The Developer shall reimburse the City for costs incurred in the enforcement
of this Permit,including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Permit within thirty(30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work and construction. Bills not paid
within thirty(30) days shall accrue interest at the rate of 8%per year.
8. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder,the City may,at its option,perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default,not less than four(4) days in advance. This Contract is a license
for the City to act, and it shall not be necessary for the City to seek a Court order for permission to
enter the land. When the City does any such work, the City may, in addition to its other remedies,
assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and
temporary job site offices shall be approved by the City Engineer. Trailers shall be removed
from the subject property within thirty (30) days following the issuance of a certificate of
occupancy unless otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this
Permit.
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D. Breach of Contract. Breach of the terms of this Permit by the Developer shall
be grounds for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph,
or phrase of this Permit is for any reason held invalid,such decision shall not affect the validity
of the remaining portion of this Contract.
F. Occupancy. Unless approved in writing by the City Engineer, no one may
occupy a building for which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a bituminous surface and the
utilities tested and approved by the city.
G. Waivers/Amendments. The action or inaction of the City shall not constitute
a waiver or amendment to the provisions of this Contract. To be binding, amendments or
waivers shall be in writing, signed by the parties and approved by written resolution of the
City Council. The City's failure to promptly take legal action to enforce this Contract shall
not be a waiver or release.
H. Recording. This Permit shall run with the land and may be recorded against
the title to the property.
I. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right,power or remedy, express or implied, now or
hereafter arising,available to City,at law or in equity,or under any other agreement,and each
and every right,power and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right,power or remedy.
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J. Construction Hours. The normal construction hours and maintenance of
equipment under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00
a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized
legal holidays. Operation of all internal combustion engines used for construction or
dewatering purposes beyond the normal working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required,the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites
are first provided, the two soil treatment sites identified during the site plan process for each
lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance
of these sites shall render them as unacceptable and replacement sites will need to be located
for each violated site in order to obtain a building permit.
L. Compliance with Laws, Ordinances, and Regulations. In the development of
the site plan, the Developer shall comply with all laws, ordinances, and regulations of the
following authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and
commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with
evidence satisfactory to the City that it has the authority of the fee owners and contract for
deed purchasers too enter into this Development Contract.
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N. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Developer may make
use of such property. The Developer further agrees that it will indemnify, defend, and hold
harmless the City, its governing body members, officers, and employees from any claims or
actions arising out of the presence, if any, of hazardous wastes or pollutants on the property,
unless hazardous wastes or pollutants were caused to be there by the City.
0. Soil Correction. The Developer shall be responsible for soil correction work
on the property. The City makes no representation to the Developer concerning neither the
nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which
may exist.
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MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
,
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract,agrees that the Development Contract shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this_ day of , 20_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20 ,by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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CONSENT
Owners of all or part of the subject property,the development of which is governed by the foregoing
Site Plan Permit,affirm and consent to the provisions thereof and agree to be bound by the provisions
as the same may apply to that portion of the subject property owned by them.
Dated this day of , 2019
By
Its
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2019,by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O.Box
Chanhassen,MN 55317
(952)227-1100
12
Exhibit B
That part of the SE 1/4, NW 1/4 of Section 22, Township 116, Range
23, Carver County, Minnesota, described as follows:
Commencing at the Southeast corner of the NE 1/4
(E 1/4 Cora of said Section 22; thence
South 89°57'53" West, assumed bearing, 2649.54 feet
along the South line of said NE 1/4 to the Southeast
corner of said SE 1/4, NW 1/4 of Section 22, said
point also being the point of beginning of the tract
to be described; thence continuing South 89°57'53`] West
499.83 feet along said South line; thence northwesterly
247.29 feet along the center of a public roadway on a
non-tangential curve concave to the northeast with
radius of 954. 93 feet through a central angle of
14°50' 14" , chord bearing North 72454'36" West 246.59
feet; thence North 00°24`57" West 592.50 feet;
thence North 89°35'03" East 377.00 feet;
thence South 71°53'06" East 377.58 feet to a
point on the East line of said SE 1/4 of the NW 1/4;
thence South 00°24' 57" East 550.00 feet along said
East line to the point of beginning. Subject to
easements , reservations or restrictions , if any.
Together with an easement for utilities and ingress and
egress, being 40 feet in width, lying 20 feet on each
side of the following described centerline: Commencing
at the Southwest corner of the above described tract;
thence North 00°24'57" West 321,50 feet along the West
line thereof to the point of beginning of the centerline
to be described; thence North 76°30'00" West 45.00 feet;
thence southwesterly 46. 69 feet along a tangential curve
concave to the southeast with radius of 50.00 feet through
a central angle of 53°30'40"; thence South 50°O0'00" West
224.89 feet tangent to said curve to to a point on the
center of a public roadway and said centerline there
terminating. It is intended to extend or shorten the
side lines of said easement so as to terminate at said
centerline of the public roadway and at the West line
of said Tract A.
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