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2000-02-22 Planning Comm Minutes' ) ) CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES FEBRUARY 22, 2000 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 22, 2000, in the Council Chambers at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following Commissioners were present: Chair Duggan and Commissioners Koll, Betlej, Kleinglass Tilsen, Lorberbaum, and Friel. City Staff present were Public Works Director Jim Danielson and Administrative Assistant Patrick C. Hollister. Also present was Planner Meg McMonigal of MFRA. Mr. Hollister took the minutes. MINUTES Chair Duggan announced that the approval of the January 25, 2000 minutes would be postponed to next month. ELECTION OF OFFICERS Chair Duggan announced that the election of officers would occur at the March meeting. Chair Duggan also asked that anyone who was interested in serving on a Commission should submit a letter of interest by tomorrow to the City. Chair Duggan said that Friel, Kleinglass and Tilsen are up for reappointment, and that all three had submitted letters of interest in re-appointment to the City. PLANNING CASE #99-11: NORTHERN STATES POWER CONDITIONAL USE PERMIT, WETLANDS PERMIT AND CRITICAL AREA PERMIT (Commissioner Friel recused himself from discussion of this item.) Chair Duggan said that NSP would make a presentation for about one half hour. Chair Duggan asked that people save their questions until after the presentation. Chair Duggan said that NSP wished to replace their existing power lines running east-west through the City. Chair Duggan said that the change would be from two poles with three wires to one pole with six wires for "redundancy". Chair Duggan overviewed the planning process thus far on this issue. Chair Duggan said that the MEQB had ruled that no EIS was necessary. Chair Duggan asked that when the public comment section came, that people not be redundant to keep the discussion moving on time. Chair Duggan said that some people had submitted questions in writing, which NSP has attempted to answer. Pat Cline, NSP Community-Government Relations Manager for the Mendota Heights Area, introduced himself to the Commission. Mr. Cline passed out fifty copies of a glossary and diagram for the benefit of the public. Mr. Cline said that he, Dave Callahan and Steven LaCoss 2/22/00 would be speaking, plus other team members if necessary. Mr. Cline indicated on the screen where he showed the chronology of where the application process is to date. Mr. Cline said that a number of cities including Mendota Heights had asked the EQB to require an EIS. Mr. Cline said that the EQB had given a "negative Declaration" on November 18, saying that no EIS is necessary. Mr. Cline said that NSP was now working toward the date of April 9, the end of the extended 120-day review period for this application. Mr. Cline presented a diagram of how an electrical system works. Mr. Cline explained the diagram from generation to transmission to substation to distribution. Mr. Cline said that during a major storm if the power goes out NSP starts at the generation point and fixes down the line in order to restore power to the most number of people soonest. Chair Duggan reminded the Commission and NSP that NSP also needs a Critical Area Permit and a Wetlands Permit, because several of the NSP towers are in either the Critical Area or in Wetlands Areas. Mr. David Callahan, Senior Right-Of-Way Agent for NSP, presented what the existing problem is for the existing system and proposed solution. Mr. Callahan displayed a system diagram for the entire Southeast Metro Area and explained the diagram. Mr. Callahan said there is a single line from Red Rock substation through the Rogers Lake substation to the Airport, Bloomington, and Wilson substations. Mr. Callahan said that it is this line that supplies power for the entire area. Mr. Callahan said that after 2001 the system is subject to outages if two components of the system go out. Mr. Callahan then showed a colored diagram of which areas are supplied by the Southeast metro system. Mr. Callahan said that any increase in development in this area increases the load for the whole system in the area. Mr. Callahan said that the need to is maintain transmission system reliability in the southeast area. Mr. Callahan then showed a diagram showing what the system would look like after the proposed upgrades. Mr. Callahan said that the proposed new double circuit would allow a back up in case of a loss of substations. Mr. Callahan said that NSP would be using their existing right-of-way to upgrade the line. Mr. Callahan said that there would also be no change in sound emitted from Rogers Lake substation. Mr. Callahan showed a picture of the existing line configuration with double wood poles, and then a picture showing the new proposed steel monopole with the six lines. Mr. Callahan then showed diagrams of changes made to Rogers Lake Substation in order to "terminate" the lines, both from the east (Phase I) and from the west (Phase II). Mr. Callahan also showed before-and- after pictures of the substation and the proposed line terminations. Mr. Callahan then displayed an outline of the various phases of the construction. Mr. Callahan said that the portion east of the substation would be done before the portion west of the substation. Mr. Callahan also showed a proposed timeline for completion of the project, showing that everything would be done by spring of 2004. Mr. Callahan said that a Conditional Use Permit from the City would have to extend for four years in order to provide enough time for the project to be completed. Steve LaCoss, Transmission Engineer for NSP said that NSP would be replacing the two pole wood structures with steel monopoles. Mr. LaCoss said that specifically ten poles would be replaced east of Rogers Lake within Mendota Heights. Mr. LaCoss said that the new poles would be about 25 feet taller than the existing poles. Mr. LaCoss said that west of the substation about six double wood poles and 20 lattice towers would be replaced with steel monopoles, and that these monopoles would be about 30-35 feet higher than the old poles. Mr. LaCoss said that the new poles would have a galvanized finish. Mr. LaCoss said that the new poles would have a 2 2/22/00 double circuit that would result in an EMF reduction. Mr. La Coss showed a chart showing the reduction in EMF at various distances from the line. Mr. La Coss reviewed the construction process. Mr. La Coss said that NSP would work with the landowners for the exact location of the new poles on their property. Mr. Cline then offered to answer any questions. Commissioner Tilsen asked about burying the line. Commissioner Tilsen said that he knew that cost was an issue. Commissioner Tilsen said that he knew that NSP was burying the poles in other locations. Chair Duggan said that NSP claimed in front of the EQB that there was no other feasible alternative to their current proposal. Chair Duggan asked what other options were looked at, including wind energy. Chair Duggan said that NSP had asked for extra time to comply with State requirements for wind energy. Mr. Cline said that other options looked at were burial of the lines, moving the circuit to another location, and building another plant. Pat Cline said that Kevin Dickey would address those options. Kevin Dickey, Project Coordinator for NSP, said that he has a background in dealing with outages. Mr. Dickey said that there are two single-contingency problems. Mr. Dickey said that if the Red Rock - Rogers Lake line were lost it would overload the Highbridge - Rogers Lake line, and vice-versa. Mr. Dickey said that reconductoring north of the Highbridge Line was looked at, but that it would cost 27 million dollars. Mr. Dickey said that by contrast NSP's proposed solution would cost only five million dollars from Red Rock to Rogers Lake. Commissioner Betlej asked how much of the Metro Area would be covered with the $27 million option. Mr. Dickey overviewed the answer. Chair Duggan asked if that would be a backup if the City turned NSP down. Mr. Dickey said that it would be technically feasible. Chair Duggan said that NSP should inform the Council if there are long-term plans to do this reconductoring upgrade anyway. Mr. Dickey said that it may become necessary in about fifteen years, but there were no plans to do it that he knew of. Steve Kleinglass said that in reality reconductoring the lines is not a practical option, and would be like flying from the Twin Cities to New York to get to Saint Cloud. ) Pat Cline said that the cost estimate for burying the new circuit would assume that the new circuit only would be buried and that the old circuit would stay in the air. Mr. Cline said that 3 2/22/00 burying transmission lines is not common and not cost effective and creates an operational problem, especially for maintenance. Mr. Cline said that the geography of Mendota Heights, with cemeteries and lakes, may prohibit burying the lines. Mr. La Coss said that the incremental cost of burying a single line is two million dollars per mile that would be borne by the requester. Mr. LaCoss said that stringing the line in the air would cost about five million dollars. Mr. Callahan said that NSP as a regulated utility has to treat everyone equally. Mr. Callahan said that if anyone requests anything beyond what is normal, they would have to bear the incremental costs. Mr. Callahan said that in downtown Minneapolis, burying the line is actually cheaper. Mr. Callahan said that there are two conditions for burying the line: technical feasibility and cost. Mr. Callahan said that if Mendota Heights as a City wanted to request that the line would be buried the City would pay the cost. Mr. Callahan said that NSP is looking at establishing a tariff to charge the customers within the community to bury the lines. Chair Duggan asked what the shortest distance would be for a buried line. Mr. LaCoss said that the shortest distance that he was aware of is about 200 feet to get out of a substation. Mr. LaCoss said that it is not desirable to bury cable for short distances because of the cost of termination structures. Commissioner Betlej asked about the difference in maintenance and life of overhead vs. underground lines. Mr. LaCoss said that overhead lines are exposed to the elements but are easily accessible for maintenance purposes. Mr. LaCoss said that underground lines, on the other hand, need less frequent maintenance but are harder to get to. Mr. LaCoss said that the difference in maintenance costs is negligible. Mr. LaCoss said that the real cost difference was installation. Chair Duggan asked what the age of the existing lines were in Mendota Heights, and whether NSP would be replacing the existing lines. Mr. LaCoss said that the "conductors" (lines) were installed in about 1986, and thus they would not be replaced. Mr. LaCoss said that the new wires installed today are the same as the old wires, and are just bare wire. Mr. LaCoss said that overhead lines would cost 500,000 dollars per mile, and underground lines would be 3-6 million dollars per mile. Mr. LaCoss showed a diagram of a cross-section of an underground transmission line. Mr. LaCoss said that first a trench is dug, then PVC pipe is installed, and then cable is strung through the pipes. Mr. LaCoss said that the magnetic field would be higher for underground wires than overhead wires because the underground wires are closer to the ground. Chair Duggan asked about the possibility of installing the new wires along Interstate 494. Chair Duggan said that MnDOT does not favor this option. Mr. Callahan showed the geographical map again. Mr. Callahan said that NSP tried to use existing right-of-way corridors. Mr. Callahan said that NSP considered the 494 corridor because 4 2/22/00 of the shorter distance. Mr. Callahan said that the federal government has passed the authority onto the state to determine what utilities could be in the freeway right-of-way. Mr. Callahan said that MnDOT has not allowed major transmission facilities in their right-of-way. Mr. Callahan said that MnDOT does not want utilities because they don't want to pay for relocation if the highway is widened. Mr. Callahan said that if NSP used the freeway corridor it would have to string the lines parallel to the freeway and along side the right-of-way. Mr. Callahan said that no consensus has been arrived at on stringing the lines along Interstate 494. Commissioner Betlej asked how, if the new circuit is installed along side the old, lightning could take out one circuit and not the other. Mr. Callahan said that lightning typically takes out one circuit and not the other circuit. Chair Duggan showed the pie graph of outages and asked if it was for all outages or just the southeast metro area. Mr. LaCoss said that it represented the entire metro area for outages. Mr. LaCoss explained the categories for equipment outages. Chair Duggan asked if Mr. LaCoss had any data on outages in the last three years in the southeast metro area. Mr. LaCoss said that there was one lightning outage to the Rogers Lake - Stockyards line through Mendota Heights in 1999, and that in 1998 Mendota Heights had three outages and in 1997 Mendota Heights had three outages. Chair Duggan asked about the duration of the outages. Mr. LaCoss said that a lighting outage could last for less than a minute, but that other outages could last for one or more hours. Commissioner Betlej asked that if the goal is redundancy, what was the chance that both lines would go out at once. Mr. LaCoss said that the chance of both going out is vary minimal. Commissioner Tilsen asked about the color of the galvanized pole. Commissioner Tilsen asked if a sky-blue pole would be possibility. Mr. LaCoss said that painting the poles does not last, because the EPA banned the lead-based paint. Mr. LaCoss said that with today's paints the poles would rust and peel and not look good. Mr. LaCoss said that the process of cleaning up the poles is cumbersome. Mr. LaCoss said that the galvanized towers look better for longer than painted poles. Chair Duggan asked if, even though they are not Cell/PCS towers, do these towers need a variance to the Cellular/PCS height limitations. Chair Duggan also asked about property value considerations. Chair Duggan said that he knew that houses near poles sold more slowly and for 5 2/22/00 less than homes not near poles. Chair Duggan said that NSP should consider compensating the homeowners. Chair Duggan said that NSP is charged with providing electricity with the least impact on the surrounding area. Chair Duggan also asked how much fossil fuel would be burned to supply the 4,000 houses within Mendota Heights with electricity. Chair Duggan asked whether NSP would burn more fossil fuel as a result of these new lines. Commissioner Betlej said that this question had nothing to do with transmission of electricity. Commissioner Tilsen said that customers might be willing to put up with more outages to forego the double-redundancy line. Commissioner Tilsen said most people don't live near the line, which skews the debate. Commissioner Tilsen said that the line travels through approximately three miles of residential neighborhoods. Commissioner Tilsen said that the Council might wish to pay up to four million dollars to bury the line. Commissioner Tilsen said that the two choices faced by the City were to endure the overhead lines or to pay to bury them. Commissioner Kleinglass said that he would like to hear from the audience. Mr. Danielson said that the Zoning Ordinance said that if a pole exceeds more than half again of the height limitations in the given zone, it requires a Conditional Use Permit. Chair Duggan opened up the discussion to the audience, asking people to be brief. Mike Black, 904 Mendakota Court, said that he got together with David Herridge and held a neighborhood meeting in an attempt to bring together a public consensus to present to the Planning Commission and the City Council. Mr. Black said that he would like to present a consensus reached at that meeting. Mr. Black said that the group discussed a variety of issues, including EMF, aesthetics, and property values and that the group recommends denial of the request for a number of sound reasons. Mr. Black said that he was impressed with the thoroughness of the Planning Commission. Mr. Black said that it is difficult for a City to vote up or down on a proposal as complex as this one. Mr. Black said that the City is not a position to ask NSP to change their proposal, because there is far too much technical information for non-experts to absorb, and that the City would need outside expertise. Mr. Black said that the City was probably afraid of litigation if they deny the request without a defensible basis. Mr. Black said that NSP has only presented one alternative. Mr. Black said that there is more than one municipality involved, and that the City would want technical input independent of NSP's paid staff. Mr. Black said that the Commission should consider denying this request to get out of this all-or-nothing decision trap. Mr. Black said that this has already been tried at the state level in the attempt to get the EQB to require an EIS of NSP. Mr. Black said that if an environmental impact statement had been done, it would have provided more context. If the Council denies the application, rather than litigation, a more regional approach to this issue would likely emerge. Mr. Black said that by denying the request, the City would force NSP to come to the table and force a discussion. Mr. Black said that this would lead to a decision on a broader, more regional basis. Mr. Black said that another reason to deny this CUP is that NSP's application does not meet the City's own criteria for a CUP. Mr. Black said that CUPs must not impact the health safety and welfare of the community, and that the City is not satisfied that there is no danger because the uncertainty is too great. Mr. Black 6 2/22/00 said that the "canceling out" effect to reduce EMF is dependent on a number of specific variables, which may not actually exist. Mr. Black said that there is also concern about the impact on property values. Mr. Black said that obviously a higher pole with more lines would depreciate property values. Mr. Black said that this would impact a large number of homes. Mr. Black said that it would be easy to draft proper findings of fact to insulate the City in the event of court action by NSP. Mr. Black said that he knows that there is a demand for electricity. Mr. Mr. Black said that if after a proper process the conclusion was that this upgrade is necessary, most people would accept the outcome, even if it's the same solution as originally proposed. Mr. Black said that the City needs input from other sources. Mr. Black said that if Mendota Heights grants the request, it would put pressure on the other cities to grant it. Mr. Black said that this is a "divide and conquer" tactic on the part of NSP. Chair Duggan said that the EQB process included all the communities involved. Chair Duggan said that the City could hire its own outside electricity experts. Chair Duggan said that the City could then compare the data of the experts of the City and NSP. Mr. Black said that Minnetonka turned an application from NSP down and the result is discussion, not litigation. Mr. Black added that there is a review pending in Ramsey County district court of the EQB's decision on NSP's current proposal. Chair Duggan said that he thought that a City could request an EIS independently of the EQB. Chair Duggan said that an EIS would be more detailed than an EAW. Mr. Black said that there is also a request before the PUC to move the lines altogether. Chair Duggan asked how many people came to Mr. Black's neighborhood meeting for which Mr. Black had distributed about 500 flyers. Mr. Black said that about 35 people came to the meeting, and that many of those same people were at the Planning Commission this evening. Mr. Bruce Vatne, 2205 Bent Tree Lane said that his house was about 100 feet from the line. Mr. Vatne asked what impact this new line would have on a pace maker or a defibrillator. Mr. Vatne said that his grandchild has a pacemaker and may have a defibrillator soon. Mr. Vatne asked what a power surge or spike would do if his grandchild was playing in the yard. Chair Duggan said that NSP said in their own literature that the one negative health impact of the new line would be on pacemakers. Heidi Benedict, NSP EMF Issue Manager said that there are problems with some pacemakers at a power frequency of 60 hertz. Ms. Benedict said that there is a potential for interference with a pacemaker, but that it is dependent on the specific pacemaker design. Heidi Benedict said that she could measure what the electric fields are currently near Mr. Vatne's house and predict what they will be after the upgrade. Steve Kleinglass said that Mr. Vatne should talk to his grandchild's physician and the pacemaker manufacturer, not NSP about this matter. 7 2/22/00 Chair Duggan said that NSP should measure the EMF and Electrical Field and predict what they would be after the changes and record those data with the City. Chair Duggan said that NSP should measure at 8:30 in the morning or 4-6 in the evening. Richard Bebel 1011 Wagon Wheel Trail, said that one of the charts indicated that the line upgrade and Rogers Lake substation serves Eagan more than Mendota Heights, and thus Eagan should pay part of the bill for burying the line in Mendota Heights. Mr. Callahan said that Eagan is mainly served by Lone Oak substation, although Rogers Lake substation feeds Lone Oak substation. Mr. Bebel said that NSP did not offer to compensate for lost property values, and that there are wetlands under the power lines. Chair Duggan said that NSP would have to follow stringent construction standards for the wetlands and the critical area. David Herridge, 514 Huber Drive said that he agreed with Mike Black. Mr. Herridge said that many people beyond 350 feet from the lines are concerned about NSP's proposal. Mr. Herridge said that the EQB process did not include all of the communities in the southeast metro area, specifically South Saint Paul. Dave Callahan said that all the communities were included, including South Saint Paul. Mr. Herridge said that the EAW worksheet did not include South Saint Paul. Mr. Herridge said that the tariff issue comes out of an issue with Oakdale where NSP wants to impose a tariff on Oakdale for burying the line. Mr. Herridge said that NSP has applied to the PUC to impose the tariff, which is still in process. Chair Duggan said that Mendota Heights might be willing to bear the cost to bury the lines. Commissioner Betlej commented that Mr. Herridge seemed to be quite technically knowledgeable and asked Mr. Herridge what his qualifications were. Mr. Herridge said that he was a mechanical engineer in the medical device industry, but that he did not know a lot about electricity. Mr. Herridge referred to a chart provided by NSP showing the growth of electrical load in the southeast area over the next thirteen years. Mr. Herridge said that Bloomington will experience over 90% growth in demand and the Lone Oak substation would experience about 50% growth. Mr. Herridge said that NSP should look at alternatives to deliver power to those two fast-growing areas. Mr. Herridge also asked if other substations fed into Lone Oak besides just Rogers Lake. Mr. Herridge said that he sees multiple lines running from Lone Oak in all directions. Mr. Dickey said that Rogers Lake substation is the only transmission source for Lone Oak ■ substation. 8 2/22/00 Mr. Herridge said that if Eagan is growing by 50%, it should be fed by more than one source than just Rogers Lake. Mr. Herridge said that Rogers Lake appears to be a "lynchpin" for the entire system in the southeast metro area. Commissioner Tilsen said that Section 4.9(2)b in the Zoning Ordinance mentions the percentage of service provided to Mendota Heights. Ms. McMonigal said that that clause requires a Conditional Use Pei lit for NSP, which they have applied for. Mr. Herridge said that NSP has certainly looked at many other possibilities, but that they are not sharing them with the City. Mr. Herridge said that the City should deny this CUP to force a discussion with NSP. Mr. Herridge showed an EMF chart provided by NSP. Mr. Herridge said that the chart shows that the EMF will go down, but the fact is that is a short-teirn reduction. Mr. Herridge said that in the short term cancellation between the two lines will reduce the EMF, but only under very specific conditions, such as equal currents in the lines, equal sags in the lines, neither circuit is out, etc. Mr. Herridge said that these conditions are rare to occur. Mr. Herridge said that NSP's own chart said that by 2020 EMF rises again to its pre-upgrade level. Mr. Herridge said that when electricity de-regulates, NSP or its successor might operate the line to higher capacity faster than shown by the chart. Mr. La Coss said that this chart shows predictions based on load growth. Commissioner Duggan said that the load growth is ocurring elsewhere, not in Mendota Heights. Mr. La Coss said that the load could increase either faster or slower than what is predicted in the chart. Commissioner Duggan asked for clarification that the upgrade was for redundancy, not for increased capacity for development elsewhere. Mr. La Coss said that that is correct, although increased capacity happens as a by-product. Commissioner Duggan asked if the capacity needs of other communities could be served by other sources. Mr. La Coss showed a map of the southeast area and said that Red Rock, through, Rogers Lake was the closest source. John Maczko, 751 Cheyenne Lane, said that the line runs directly behind his house. Mr. Maczko, asked if the proposed tariff would charge all communities equally or just the community that wanted the line buried. Mr. Callahan said that the word "tariff' merely meant the electric charge. Mr. Callahan said that the tariff proposed before the PUC was for any community that wished a line buried. Mr. 9 2/22/00 Callahan said that NSP's customers within the community that wanted it buried would be charged. Mr. Maczko said that it was regressive that Mendota Heights residents would have to pay to bury a line that was needed to serve other faster growing communities. Mr. Maczko added that de- regulation of the electrical industry would most likely divide into generation, transmission and distribution. Mr. Maczko said that it was within NSP's benefit to keep costs down for the stockholders, and that they should not be relied upon to provide the cost estimates, and that other alternatives may be out there. Mr. Maczko said that an outside expert should be hired to represent the communities involved. Mr. Gerald Nord, 643 Quayle Ridge Circle, said that his property backs up to the NSP line. Mr. Nord said that the before -and -after artist's renditions of the line provided by NSP are misleading. Mr. Nord said that right now it is difficult to see the line from Highway 110, but that it will be visible after the upgrade. Mr. Nord said that people should be concerned not only about the vertical dimension of the poles, but also about the horizontal dimension of the arms. Mr. Nord said that the City should turn down this application. Mr. Nord said that many people who can't see the lines from their homes will be able to see them after the upgrade. Mr. Nord said that the City should get its own artist's renditions of what the line will look like. Mr. Nord said that in Wright County in Minnesota the NSP lines have affected people's behavior, such as avoiding using their porches, people using the back of their homes, not building homes, not improving homes, fishing on the other side of the lake, etc. Mr. Nord said that a line like this would change the social interactions in Mendota Heights as well. Mr. Nord said that people should get an accurate impression of what this line will really look like. Chair Duggan suggested that the Council erect a 105' fake pole so people could look at it. Commissioner Lorberbaum said that NSP should advise each resident along the line of what the new height will be of the pole nearest their home. Chair Duggan said that pines from Norway should be imported to screen the new poles. Mr. Nord said that the lines are also dangerous for kite- flying. Mary Bebel, 1011 Wagon Wheel Trail, said that the power lines are directly behind her property. Ms. Bebel said that NSP cut all the brush along the lines. Ms. Bebel said that her dog died three hours after NSP sprayed. Ms. Bebel said that NSP said that the spray they used was drinkable and that they are sure it did not kill the dog. Ms. Bebel said that she would not be inviting her grandchildren to play because of the health issues from the power line. Chair Duggan said that NSP should use less noxious chemicals. Commissioner Lorberbaum said that this issue should move on to Council. Commissioner Koll said that she was not convinced of the need for the upgrade. Commissioner Koll asked what the flow would be in the future on the proposed double line. 10 2/22/00 Mr. La Coss said that if the single circuit is still in operation in 2001, the flow will be 612 amps.. Mr. LaCoss said that once the double circuit is in operation, the flow for each circuit will be 467 amps in 2001, 532 amps in 2006, and 591 amps in 2010 on a hot summer day. Commissioner Koll asked why the single line is inadequate. Mr. LaCoss said that the double line is for redundancy, to continue service in case of a problem. Mr. Dickey said that in addition to forced outages, there are also planned outages for maintenance. Mr. Dickey said that two lines would allow service to continue during a planned outage as well as an unplanned outage. Mr. LaCoss showed a chart of computer simulations showing line overloads if the second line is not built. Chair Duggan asked if NSP would be willing to work with an expert hired collectively by the cities in the region instead of going from City to City. Mr. Cline said that NSP is willing to work with any party concerned with the project. Mr. Cline said that the Planning Commission cannot bind any other City in working with the City of Mendota Heights, but that the Planning Commission could add this to a recommendation. Mr. Cline said that he would like to close by thanking the Planning Commission and the members of the public for their input. Mr. Cline said that NSP listens to concerns and has tried to answer all questions. Mr. Cline said that there was regional technical review of this proposed upgrade at the EQB, and that an EAW was prepared. Mr. Cline said that when some cities requested an EIS, the need for it was reviewed and the EQB decided that it was not necessary. Mr. Cline said that he hoped for a recommendation of approval from the Planning Commission. Commissioner Tilsen moved to recommend that the City Council deny the application from NSP 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 for the following reasons: 1. NSP has not prepared an Environmental Impact Statement. 2. NSP has not adequately demonstrated the need for these changes to the substation and transmission lines. 3. 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 4. 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 11 2/22/00 5. NSP's proposed system upgrade involves several cities and other jurisdictions beyond the City of Mendota Heights and should be reviewed on a regional basis, not a city-by-city basis. Commissioner Betlej seconded the motion. Commissioner Betlej said that the Planning Commission is only a fact finding body and that the Planning Commission had surfaced enough concerns for the Council. Commissioner Betlej said that this issue should get passed on to Council and that it made more sense for this to be discussed on a regional basis. Commissioner Betlej said that Mendota Heights residents should not shoulder the burden of the cost of this line to benefit the rest of the region. Commissioner Koll said that the upgrade is not compatible with the neighborhood and not in promoting with the health, safety, and general welfare of the community. Commissioner Koll quoted ASK NSP tapes 420 and 422 and the 1998 study of the NIEHS study and the 1999 NIEHS report citing health hazards of cancer and leukemia from power lines. Commissioner Koll added that the ISD 197 allocated 65,000 dollars to raise the power lines. Commissioner Koll also said that the lines will negatively impact property values. Commissioner Lorberbatun said she agrees with Commissioner Tilsen and Commissioner Koll. AYES: 5 (Koll, Betlej, Duggan, Lorberbaum, Tilsen) NAYS: 1 (Kleinglass) RECUSED: 1 (Friel) Chair Duggan said that the Cities should get together to hire an expert. Chair Duggan declared a five minute recess. PLANNING CASE #00-02: IRA KIPP, 990 WAGON WHEEL TRAIL SUBDIVISION Chair Duggan introduced the next planning case to be discussed, Mr. Ira Kipp's application for a subdivision at 990 Wagon Wheel Trail. Mr. McGinley, Mr. Kipp's surveyor, reviewed the property. Mr. McGinley said that the property is 3.4 acres. Mr. McGinley said that the original proposal from Mr. Kipp was for five additional lots for a total of six lots. Mr. McGinley said that Mr. Kipp then submitted a proposal for only four additional lots after discussions with the neighbors. Mr. McGinley said that it was this proposal that was discussed by the Planning Commission at their January meeting Mr. McGinley said that this proposal included a 40-foot public right of way. Mc McGinley said that after the Planning Commission's discussion in January, Mr. Kipp further reduced the number of lots to four total serviced by a private drive. Mr. McGinley said that three homes would access the private drive and that the existing "loop" would be closed. Mr. McGinley said that the City Fire Chief told him that the current proposed arrangement addressed his concerns about emergency vehicle access. Mr. McGinley said that the cul-de-sac could be increased further if necessary. Mr. McGinley said that the private drive also reduces the number of trees that would need to be cut down in the rear of the lots because the houses can be closer to the drive. Mr. 12 2/22/00 McGinley said that houses could be built that would respect the existing landscaping and trees. Mr. McGinley said that the Planning Commission raised concerns at the previous meeting of road width and storm water run-off and water quality in Rogers Lake. Mr. McGinley said that he had met with both the Fire Chief and the City Engineer and had addressed those concerns. Mr. McGinley said that Mr. Mogan told him that the runoff would not be significant. Mr. McGinley said that the water main would be an eight-inch pipe. Mr. McGinley said that the Pabsts' private loop for the drive would be cut off. Mr. McGinley said that the three new houses would have no access to the lake. Mr. McGinley said that some neighbors want to rezone the area for a 30,000 square foot minimum lot size instead of a 15,000 square foot minimum. Mr. McGinley said that as for a hardship for lack of street frontage, the private drive would preserve vegetation and would be in keeping with the neighborhood. Commissioner Koll said that she does not approve of variances in general. Commissioner Koll quoted DNR official Sandy Fect's memo on another application that new lots should not require any variances. Commissioner Koll said that the development should feature a public street and that it should not require any variances. Mr. McGinley said that the drive could be dedicated as a public street. Mr. McGinley said that it would be less than the standard width of City right-of-way. Mr. McGinley said that if the right- of-way were sixty feet instead of forty feet it would push the new houses twenty more feet to the west and result in the removal of more trees. Mr. McGinley said that the site could be developed with a full width street and a full cul-de-sac and would require only one variance for the existing home. Mr. McGinley said that if the cul-de-sac would be brought all the way down it would not require any variances but would have a more severe impact on the neighborhood. Commissioner Friel said that there is no hardship present to justify a variance within the meaning of the ordinance. Commissioner Friel said that any hardship in the case is self-imposed. Commissioner Friel said that private streets eventually become public streets with additional cost to the City. Commissioner Friel said that the width of a street would not require a variance, but would merely be a policy decision. Planner McMonigal confirmed that that is the case. Commissioner Lorberbaum asked how long the proposed cul-de-sac was. Mr. McGinley said that it was roughly 440 feet. Commissioner Lorberbaum said that she does not like private roads and that public roads are better, even if they cost the development some of its beauty and character. Commissioner Lorberbaum asked if any land would be dedicated to the City. Mr. McGinley said that no dedication of land is proposed other than the easement for access and utilities for the neighbors and possible dedication of the street. Commissioner Lorberbaum said that some type of park dedication is needed and asked if Mr. ( 1 Kipp would consider some type of trail dedication to the lake. 13 2/22/00 Mr. Kipp said that the answer was yes. Commissioner Lorberbaum said that she wanted to hear a hardship not of the applicant's making justifying the variance for the lack of frontage on a public street. Mr. McGinley said that it could be divided without variances but that the variances would preserve more of the natural vegetation of the site. Mr. Kipp said that the plat shown is the plat that the neighbors would prefer. Mr. Boyd Ratchye said that the Pabsts and the Andersons do not agree, but that the rest of the neighbors concerned agree that this is the preferred plat if something has to be developed. Commissioner Lorberbaum said that the three curb cuts are too close together for snow plowing. Mr. McGinley said that the northernmost new house could be turned 90 degrees to access the shared driveway and therefore eliminate the driveway on Wagon Wheel Trail. Commissioner Tilsen said that he agrees with Commission Lorberbaum that he would not want to see another driveway on Wagon Wheel. Commissioner Tilsen asked Mr. Danielson if this access road would be adequate in width if it were a public street. Mr. Danielson said that the only other similar example he knew of was Fox Place, which is a platted public right-of-way with a private street on it. Chair Duggan asked Mr. McGinley if it could be a seven-ton support street. Mr. McGinley said that yes it could. Commissioner Tilsen asked about the sedimentation pond near the public park. Commissioner Tilsen asked if there were land in between Mr. Kipp's property and the park. Mr. McGinley said that there would be land between. Commissioner Tilsen asked what the area of the lots would be after the right of way is dedicated. Mr. McGinley said that they would be close to 23,000 square feet each. Mr. McGinley said that the minimum lot size required under the current R-1 zoning is 15,000 square feet. Chair Duggan opened the public hearing and asked for comments from the audience. Mr. Tim Pabst said that both his parents and the Andersons were against the proposal. Ms. Donna Anderson, on the west side of the lot, said that the water sits in her front yard, and that its not just a little trickle, and that it goes across her yard. 14 2/22/00 Mr. Pat O'Leary said that he lives across Wagon Wheel Trail from this development. Mr. O'Leary asked if the City could turn down a legal plat. Chair Duggan said that a legal plat could be turned down if it was not in keeping with the "character" of the surrounding neighborhood. Mr. O'Leary said that Mr. Kipp could legally create many small lots in the middle of this neighborhood of large lots. Mr. O'Leary said that he would like a private drive and larger lots rather than a big street and smaller lots. Mr. O'Leary said that Mr. Kipp's current proposal represents the best compromise. Scott Miller, 1021 Wagon Wheel Trail, said that he and his wife have lived in his house for about 15 years. Mr. Miller said that this is an "infill" area and that the neighborhood should control its own destiny. Mr. Miller said that the majority of the residents would like to preserve the existing character of the area. Mr. Miller said that a regular road is an exorbitant cost that would hurt the character of the area. Mr. Miller said that the hardship is in the surrounding area. Mr. Miller said that the neighborhood would rather see ten new houses in the neighborhood than 20 to 25 new houses. Mr. Miller said that Mr. Kipp's current proposal represents the best compromise under the circumstances and that he supports this compromise. Mr. McGinley said that he and Mr. Kipp would be willing to dedicate a 40' strip as a public right -of -way to eliminate the need for the variances. Commissioner Friel moved to close the public hearing and to recommend approval of the plat as proposed subject to the private street being a public street and the northern most lot accessing the new street rather than Wagon Wheel Trail. Commissioner Lorberbaum seconded the motion. AYES: 7 NAYS: 0 Chair Duggan told the applicants to be at the Council meeting next Monday, rather than Tuesday because of political caucuses. Chair Duggan added that Mr. Kipp should have infoimation on soil conditions ready for the Council. PLANNING CASE #00 -04: HESSELROTH/DALGLISH, MAYFIELD HEIGHTS ROAD PRELIMINARY PLAT AND CRITICAL AREA PERMIT Chair Duggan introduced the next planning application. Mr. Hesselroth showed a revised plat drawing to show the changes in the retaining wall. Mr. Hesselroth said that five -foot easement lines have also been drawn in. Ms. Andrea Larson said that the house would no longer have a walk out but only a lookout, and that it would only require one retaining wall, the highest point of which would be four feet. 15 2/22/00 Chair Duggan said that the northern most area has a steep slope. Chair Duggan asked how much the proposed house would encroach upon the 18% slope. Chair Duggan said that the DNR was concerned about this. Ms. Larson said that it would encroach about 5 or 6 feet. Chair Duggan said that it looked like about 7 feet. Commissioner Friel said that the City's own subdivision ordinance prohibits building on any slope more than 1 8%. Mr. Danielson said that the City has not amended the Critical Area ordinance to define the bluff as including 1 8% slope. Mr. Danielson said that the DNR wanted the City to make this change„ but the City Attorney said that the City's current ordinance is what governs and the City approved the Baldinger house encroaching somewhat on 1 8% slope. Commissioner Friel said that the DNR letter refers to section 5,8 of the subdivision ordinance saying that no construction or grading shall be conducted on slopes steelier than 1 8% on grade. Planner McMonigal said that whether or not the slope is 1 8% depends on how the slope is measured, and that there is more than one way to measure it. Ms. Larson said that the area has been manicured lawn for many decades and that the house will not be cutting into a wild area. Commissioner Betlej said that he thought that the slope was human-made., and not part of the natural bluff line. Commissioner Betlej said that he was more concerned about natural slopes. Mr. Dalglish said that he has lived in the home for about 32 years. Mr. Dalglish said that he has not altered the slope in that time. Chair Betlej moved to close the public hearing. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel said that on the one hand the City was under pressure from the DNR to protect the river corridor, and on the other hand the City was under pressure from the Metropolitan Council to contain sprawl and to provide more housing. Commissioner Friel said that the subdivision ordinance has looser criteria for approving variances than the zoning ordinance. Commissioner Friel moved to recommend that the plat be approved as presented based on the following findings of fact: 1. encroachment is minimal 2/22/00 16 2. not detrimental to public welfare 3. hardship of topography Commissioner Betlej seconded the motion. Commissioner Lorberbaum said that she thought since the neighbors are OK with it, she can support it. AYES: 7 NAYS: 0 PLANNING CASE #00-10: MENDOTA HEIGHTS ASSOCIATES OF NORTH OAKS SUBDIVISION Mr. Peter Coyle of the Larkin-Hoffman law firm introduced himself to the planning application. Mr. Coyle introduced Tony Feffer and Bruce Haverly of Mendota Heights Associates. Mr. Coyle said that a previous application was turned down by the City. Mr. Coyle said that MHA has reduced the number of structures and lots within the proposal. Mr. Coyle said that there is better visibility, less density, and it is in full conformance within the subdivision ordinance. Mr. Coyle said that there is no variance request as part of this application. Mr. Coyle said that also there is no contemplation of dedication of MnDOT right-of-way. Mr. Coyle said that the project complies with the all city codes. Chair Duggan said that the previous soil survey is also on record. Mr. Haverly reviewed the project. Mr. Haverly said that the residential building style is the same as the previous application, although the total square footage has been reduced. Chair Duggan asked if there would be any second floor to any of the buildings. Mr. Haverly said that he would like the second floor to be approved, even though the tenants may not ask for it to be built. Mr. Haverly said that the second floor would be for a lunchroom. Planner McMonigal said that the second floor is within the existing roofline. Commissioner Tilsen asked how the second floor would affect the parking calculations. Planner McMonigal said that it is already taken into consideration in the parking calculations Commissioner Tilsen said that it was unusual for the sign to be at the corner, not near the entrance of the development, and that the applicant might want to come back later for more signage. Commissioner Lorberbaum asked why the buildings have garages. 2/22/00 17 Mr. Haverly said that this development caters to professional tenants from multi -story buildings with indoor parking. Mr. Haverly said that tenants like the drive -in garage and that he had seen this type of office elsewhere in the US. Mr. Haverly said that he and Mr. Feffer were surprised that they have not seen more of this type of garage arrangement in similar office buildings in Minnesota. Commissioner Betlej asked if they had seen the Planner's recommendation on the landscape plan. Mr. Haverly said that he would want to work with Staff on landscaping. Chair Duggan asked about cross easements. Chair Dugan asked if the cross - easements would last even if Turners were sold. Commissioner Friel said that those easements endure beyond transfers of ownership. Planner McMonigal said that the easements are already in place. Commissioner Koll asked about stucco's life and maintenance. Mr. Haverly said that most of the buildings would be brick and glass, and that the rest would be "Effis ", which is like stucco but has a smooth finish with a little bit of graining. Mr. Haverly said that he was not planning stucco, but Effis. Chair Duggan, seeing no one in the audience to comment on this application, closed the public hearing. Chair Duggan moved approval of the application as proposed with the Planner's conditions. Commissioner Betlej seconded the motion. AYES: 7 NAYS: 0 PLANNING CASE #00 -12: ZONING ORDINANCE AMENDMENT Chair Duggan moved discussion of this item to the end of the agenda. PLANNING CASE #00 -09: BRUCE MCMANUS, WETLANDS PERMIT Connie Rourik, wife of Bruce McManus said that she and her husband would like to build a screen porch at the rear of their house that would extend four feet over their existing patio. Ms. Rourik said that they would not be disturbing anything except their own lawn. Chair Duggan asked how the distance to the wetlands would be measured. 2/22/00 18 Mr. Danielson said that there are no wetlands, but a drainage way, and that the measurements on the plan were accurate. Commissioner Lorberbaum asked how close should the City let people build to drainage ways. Commissioner Lorberbaum said that the screen porch would be more visually obtrusive than the deck. Ms. Rourick said that the nearest neighbor is very far away and that they can hardly even see their house. Chair Duggan said that the other neighbor had a solid wall. Chair Duggan asked why the applicant's house is so much closer to the street than the neighboring homes on either side. Mr. Danielson said that the McManus house was probably built first before any of the neighboring houses. Chair Duggan said that the back yard is very well screened. Chair Duggan asked about the corner lot. Mr. Danielson said that the corner lot is City property. Steve Kleinglass moved to close public hearing. Chair Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel said that there is no variance requirement nor danger to the wetland. Commissioner Kleinglass moved to grant the permit. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 PLANNING CASE #00-11: SAMUEL THOMPSON, 703 CHEYENNE LANE VARIANCE AND WETLANDS PERMIT Mr. Thompson said that he would like to build a screen porch in the back of his lot and that both his neighbors on either side of him approved of the addition. Chair Duggan moved to close the public hearing. 19 2/22/00 Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 Chair Duggan moved to grant the application due to the hardship that it is a small lot. Commissioner Lorberbaum seconded the motion. AYES: 7 NAYS: 0 PLANNING CASE #00-12: ZONING ORDINANCE AMENDMENT • Chair Duggan said that our Fire Marshal had recommended an ordinance change in 1995 that the State has now instructed the City to repeal.. Commissioner Kleinglass moved to close public hearing Chair Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Kleinglass moved to approve the ordinance amendment Chair Duggan seconded the motion. AYES: 7 NAYS: 0 VERBAL REVIEW Mr. Danielson provided the Planning Commission with a verbal review of the status of previous planning cases. Commissioner Friel asked that the Planning Commission be provided copies of the Metropolitan Council's letter of incompleteness for the City's Comprehensive Plan. ADJOURNMENT Commissioner Duggan moved to adjourn the meeting. Commissioner Kleinglass seconded the motion. AYES: 7 2/22/00 20 NAYS: 0 The meeting adjourned at 12:30 am. Respectfully Submitted, Patrick C. Hollister 2/22/00 21