Res 2002- 08 Denying Wetlands, Critical Area and CUP to XcelCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 02-08
A .RESOLUTION DENYING A CONDITIONAL USE PERMIT, A WETLANDS
PERMIT AND A CRITICAL AREA PERMIT FOR XCEL SUBSTATION AND
TRANSMISSION LINE CHANGES WITHIN MENDOTA HEIGHTS
WHEREAS, Xcel has applied for a Conditional Use Permit, a Wetlands Permit
and a Critical Area Permit for substation and transmission line changes within Mendota
Heights as proposed in Planning Case #99-11; and
WHEREAS, The Planning Commission held public hearings on this application
at their regular meetings on January 25, 2000, February 22, 2000, January 22, 2002
January 24, 2002; and
WHEREAS, The Planning Commission on February 22, 2000 recommended that
the Council deny this application and again on January 24, 2002 recommended that the
Council deny this application; and
WHEREAS, The City Council held a public hearing on this application at their
regular meeting on February 19, 2002 and a continued public hearing on February 20,
2002, and March 7, 2002.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Conditional Use Permit, a Wetlands Permit and a Critical
Area Permit for substation and transmission line changes within Mendota Heights as
proposed in Planning Case #99-11 is hereby denied.
BE IT FURTHER RESOLVED that in support of the above denial, the City
Council of the City of Mendota Heights hereby makes the following Findings of Fact:
1. Section 5.6(5) of the City's Zoning Ordinance states in part: "In considering an
application for a conditional use permit under this Ordinance, the Council shall
consider ... the effect of the proposed use upon the health, safety, and welfare of
the occupants or surrounding lands ... If the Council shall determine that the
proposed use will not be detrimental to the health, safety, or general welfare of the
community... the Council may grant such conditional use permit imposing
conditions and safeguards therein."
2. NSP has not satisfied the City that there are no significant health or safety risks
posed by the proposed changes to the substation and transmission lines, per
Section 5.6(5) of the Zoning Ordinance. The City of Mendota Heights is unable
to determine that the proposed use will not be detrimental to the health, safety, or
general welfare of the community, and is therefore unable to grant the conditional
use permit.
3. NSP has not adequately demonstrated the need for these changes to the substation
and transmission lines.
4. Section 5.6(5) of the City's Zoning Ordinance states in part: "If the Council shall
determine that the proposed use will [not] seriously depreciate surrounding
property value ... the Council may grant such conditional use permit imposing
conditions and safeguards therein."
5. NSP has not satisfied the City that there will be no detrimental impacts to the
property values of nearby homes, per Section 5.6(5) of the Zoning Ordinance. In
the absence of evidence that there will be no detrimental impacts to the property
values of nearby homes, the City of Mendota Heights is unable to determine that
the proposed use will not seriously depreciate surrounding property value, and is
therefore unable to grant the conditional use permit.
6. There is a compelling body of scientific evidence that the Electromagnetic Field
(EMF) emitted by both the existing transmission lines and the proposed
transmission lines are at a level that potentially endangers the health and safety of
Mendota Heights residents living close to the power lines.
7. During deliberation of this application, the Council was presented with credible
evidence of detrimental health and safety effects of EMF (see also Attachment
A/Public Hearing Record)
8. The Council finds the following evidence to be persuasive:
(a) Report on the Proposed SE Metro Transmission Project Red
Rock — Wilson Double Circuit 115 kV Transmission Line
Prepared by David Schoengold MSB Energy Associates March
15, 2001
(b) Testimony by Magda Havas, Ph.D. Concerning Health Effects
Associates with Power Lines dated March 22, 2001.
(c) Curriculum Vitae Magda Havas, B.Sc., Ph.D.
(d) Presentation for the Steering Committee at the Public Hearing
on the Southeast Metro Transmission Line PREFILED
DIRECT TESTIMONY OF DR. MARTIN BLANK.
2
(e) DAVID SCHOENGOLD, Principal Areas of Expertise
(f) Testimony of Dr. Martin Blank (see also transcript)
(g) Curriculum Vitae MARTIN BLANK
(h) Response to CAI Comments SE Metro Transmission Project
Red Rock — Wilson Double Circuit 115 kV Transmission Line
Prepared by David Schoengold MSB Energy Associates April
5, 2001.
(i) REPLY of DR. MARTIN BLANK to TESTIMONY of DR.
PETER VALBERG at the Steering Committee meeting on
March 22
Biological Effects of non -ionizing electromagnetic energy: A
critical review of the reports by the US National Research
Council and the US National Institute of Environmental Health
Sciences as the relate to the broad realm. of EMF bioeffects by
Magda Havas
(k) Transcript: City of Mendota Heights, Dakota County,
Minnesota. Public Information Meeting of the Xcel Power
Line EIR Steering Committee March 22, 2001 8:00 A.M. —
Mendota Heights City Council Chambers
(1) Independent Review of Double -Circuiting. Xcel Energy Red
Rock -Wilson 115 kV Transmission Line. Transmission Line
Steering Committee Executive Summary.
(m)Independent Review of Double -Circuiting. Xcel Energy Red
Rock -Wilson 115 kV Transmission Line. Transmission Line
Steering Committee Volume I — Report and Appendices A -D
(n) Binder One: Steering Committee and Related Papers
Transcript of March 22, 2001 Steering Committee Meeting
(o) Binder Two:Recent Government -Sponsored Studies Conducted
on EMF
(with introduction)
3
(p) Binder Three: An Evaluation of the Possible Risks from
Electric and Magnetic Fields (EMFs) from Power Lines,
Internal Wiring„ Electrical Occupations and Appliances
(c) From Magda Havas to MH Planning Commission: Xcel Power
Line and Health Effects of Electromagnetic Fields
(r) The California EMF Project Findings
(s) Sacramento Business Journal Breaking News January 9, 2002:
Study links magnetic fields to increased risk of miscarriage.
(t) Video Tape: Dr. Magda Havas, EMF Expert. 1 hr 2 min.
1/22/02
Based on this evidence, the City is unable to determine that the proposed use will not be
detrimental to the health, safety or general welfare of the community and is therefore
unable to grant the Conditional Use Permit.
9. The transmission lines as constructed in the proposed project have a negative
material effect on neighboring property values. During deliberation of this
application, the Council was presented with the following evidence of detrimental
property value effects of the proposed transmission line upgrade (see also
Attachment A):
(a) Colliers Towle: Transmission Line Impact Study on Single -
Family Residential Property Values
(b) Written Evidence from Cathy DeCourcy of Edina Realty
(c) Written Evidence from Ginger Overbye, Edina Realty
10. The Council was not presented with sufficient information regarding the need for
a Wetlands Permit and a Critical Area Permit for their approval.
11. The proposed improvements to the Rogers Lake substation were submitted in
photographic form only.
12. The applicant did not provide the City with information relative to the milligauss
level of the magnetic field at the boundaries of the substation as well as the
numerous residential structures now situated in close proximity to the substation.
13. In light of the forgoing findings, the Council did not make an independent
determination in regard to the need for a Wetland Permit and a Critical Area
Permit for the project together with appropriate conditions thereto.
14. The applicant did not provide the City with a long term pian (5-10 years) for the
Rogers Lake Substation, located in a residential area, in light
of the expected increased need for power in the southeast metro ( Eagan industrial
area, Bloomington and the MSP International Airport) and what the long term
impact will be on the Rogers Lake Substation and the associated line.
15. The City finds that the plan presented by Xcel Energy does not recognize the
contribution that this 11 5k line would make to the need for power in the
Southeast metropolitan area, in that no accommodations have been made (such as
burial of lines) as was done at the Minneapolis Substation (as testified to by Mr.
Gonzalez at the Public Hearing on February 19, 2002).
BE IT FURTHER RESOLVED that the City Council of the City of Mendota
Heights hereby makes the above Findings of Fact based upon the public record as shown
in Attachment A to this Resolution.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that this Conditional Use Permit, a Wetlands Permit and a Critical Area Permit
for substation and transmission line changes within Mendota Heights as proposed in
Planning Case #99-11 would have an adverse impact on the health, safety and general
welfare of the citizens of the community and the surrounding land, and would be adverse
to the general purpose and intent of the Zoning Ordinance.
Adopted by the City Council of the City of Mendota Heights
this 7th day of March, 2002.
E_ I' I J _ 'I
Bya�� /YJ� _.
Katle�M. Swanson, City Cleric
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By 44/'" gr
Charles E. Mertensotto, Mayor
4c'