HomeMy WebLinkAboutCity Council - 06/19/1979 Y
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
JESDAY, JUNE 19, 1979 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Sidney
Pauly, Paul Redpath and Dave Osterholt
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Roger Pauly; Planning Director Chris Enger;
Finance Director John Frane; Director of
Community Services Bob Lambert; City Engineer
Carl Jullie; and Joyce Provo, Recording
Secretary
INVOCATION : Mayor Wolfgang H. Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Council requested the following items be placed on the Consent Calendar: VII . A. 2nd
Reading of Ordinance No. 79-11 , rezoning 26 acres from Rural to R1-13.5 for Meadow
Park by Faulks & Reynolds and developer's agreement; VII B.
B 2nd Reading of Ordinance
No. 79-17, rezoning approximately 3 acres from Planned Stud�yto I-2 Park for Stewart
Sandwiches and developer' s agreement; VIII . G. 1. Setting of a Public Hearing for
Municipal Industrial Development Bonds in the amount of 1 ,150,000.00 for Lloyd Miller/
Energy Controls for July 17, 1979, and VIII. G. 2. Setting of a Public Hearing for
Municipal Industrial Development Bonds in the amount o 2,000,000.00 for Pa rker-Hannifin
for July 17, 1979.
Two additional items were added to the agenda as follows : 1) Settingofa Public
Hearing for Municipal Industrial Development Bonds for-Robert Murray—for
July 17, 1979 as item III . L. , and 2) Request for the City to enter into a purchase
arrangement for road right-of-way for Shady Oak as item VIII. F. 4.
MOTION: Osterholt moved, seconded by Edstrom, to approve the agenda as amended and
published. Motion carried unanimously.
II. MINUTES
A. City Council Meeting _held Tuesday, May 15, 1979
Pg. 4, 2nd Para., 7th line, strike "condominiums" and insert in lieu thereof
"townhouses". `
MOTION: Osterholt moved, seconded by Redpath , to approve the minutes of the
Council meeting held Tuesday, May 15, 1979, as amended and published. Motion
carried unanimously.
B. Board of Review meetings held Tuesday, May 22 and Tuesday, June 5 1979
May 22nd minutes - under item 4 insert "Tebelius" after "Charles".
MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the
Board of Review meeting held Tuesday, May 22, 1979, as amended and published.
Motion carried unanimously.
Council 'Minutes - 2 - Tues. ,June 19, 1979
B. Board of Review meetings held Tuesday , May 22, and Tuesday, June 5, 1979 (continued)
C June 5th minutes - 2nd para. , 8th line, insert "Penzel " after "Wolfgang",
MOTION: Pauly moved, seconded by Osterholt, to approve the minutes of the
Board of Review meeting held Tuesday, June 5, 1979, as amended and published, r
Pauly, Osterholt, Redpath and Penzel voted "aye", Edstrom "abstained" , Motion
carried.
III. CONSENT CALENDAR
A. Set Public Hearing for Duck Lake Vista for July 3, 1979
B. Set Public Hearing for Suburban National Bank for July 17, 1979
Y
C. Final Plat approval for High Trail Estates (Resolution No. 79-1221
3
D. Registered Land' Survey approval for the Hartford Company,
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E. Final Plat approval for Prairie- East 5th Addition. (Resolution No, 79-123�
F. Set Public Hearing_ for Schoenfelder PUD for July 17, 1979
G. Change- Order No. 1, I.C. 51-334, petition for road extension
H. 2nd Reading of Ordinance No. 79-11 rezoning 26 acres from Rural to R1--13.5 for
Meadow Park by Faul ks & Reynolds and developer's agreement Cformerly item VI I , A,
I . 2nd Reading of Ordinance No. 79-19, rezoning 6.8 acres from Rural to I-2 Park for
Shay Oak. Industrial Park 2nd and developer's agreement (formerly item VII , B,
J. Setting of a Public Hearing for Municipal Industrial Development Bonds in the
amount of $1 ,150,000.00 for Lloyd Miller/Energy Controls for July 17, 1979
K. Setting of a Public Hearing for Municipal Industrial Development Bonds in the
amount of 2,000,000.00 for Parker-Hannifin for July 17, 1979
L. Setting of a Public Hearing for Municipal Industrial Development Bonds for Robert.
Murray for July 17, 1979
MOTION: Pauly moved, seconded by Osterholt, to approve items A L on the Consent
Calendar. Motion carried unanimously,
IV. PUBLIC HEARINGS
A, Community Development Block Grant, Transferring of funds from years 3/4 CDBG to
year 5 CDBG for 'the Senior Citizen Center (Resolution No, 79-118)
City Manager Ulstad explained it is a requirement that we hold a Public Hearing when
there is a request for transferring funds, and the purpose of this hearing is to
designate $6,000.00 to be used for the Eden Prairie Senior Citizen's Center,
MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing and
adopt Resolution No. 79-118, approving amendment of year III and year IV Urban
Hennepin County Community Development Block Grant Application: Motion carried
unanimously.
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Council Minutes - 3 - Tues. ,June 19, 1979
B. Eden Prairie Assemblies of God Church, request to rezone 10 acres from Rural to
Public for the construction of a church. The site is located in the southwest
corner of Co. Rd. 4 and Duck Lake Trail (Ordinance No. 79-21 )
Mr. Richard Lundahl , Architect for Eden Prairie Assemblies of God Church, spoke to
the proposal and answered questions of Council members.
City Planner Enger explained the Planning Commission first reviewed this item {
at the April 23rd meeting and on May 14th the Commission recommended that the
Council consider approval of the rezoning from Rural to Public as outlined in
Planning Commission minutes dated May 14, 1979.
Penzel asked how the entrance as proposed lines up with 1) Duck Lake Trail as
it exists, and 2) with the potential realignment of Duck Lake Trail that has been
discussed historically for an intersection improvement for County Road 4.
City Engineer Jullie replied the potential realignment of Duck Lake Trail as
originally planned sometime ago was to realign it to the north. The project to
the east did not come through and now it looks more practical to align Duck Lake
Trail to the south for a 90 degree intersection.
Penzel questioned if this proposal provides for the potential right-of-way that might
be needed. Jullie responded he does not believe it is shown on any of their plans,
but at the time of the actual 2nd Reading, platting or zoning of the subdivision,
it could be acquired or an easement taken at that time.
Penzel recalled that the triangular parcel at the east side of County Road 4 was
actually rezoned and platted, and that we ought to make sure that is clearly
defunct or that our road plans continue to align those intersections.
Mrs. Stodola, 16691 Duck Lake Trail , stated they would not give an easement to the
lake.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing on Eden
Prairie Assemblies of God Church rezoning. Motion carried unanimously.
MOTION: Redpath moved, seconded by Edstrom, to give a lst Reading to Ordinance
No. 79-118, rezoning 10 acres from Rural to Public for the construction of a church
for Eden Prairie Assemblies of God Church. Motion carried unanimously.
Osterholt stated in light of what Mrs, Stodola said, is it necessary to have the
easement to the west of Duck Lake to serve the drainage to the site. Jullie
replied there is somewhat of a drainage problem now. The proposal was to put a storm
sewer in and the church would pay for the cost of the pipe and it would be run into
an easement. There is an existing easement along the existing subdivision line,
however, it is anly 5 feet wide so it would be tough without the cooperation of the
property owners to the south in the platted area. Jullie commented he doesn't think
the problem is intolerable at this point, and actually the drainage area will be
less with this development than it is now.
Penzel asked if it would be satisfactory to route the drainage to the east to County
Road 4. Jullie responded he doesn't think the grades will work out right to do that,
but will check and see if it is possible prior to the 2nd Reading of Ordinance
No. 79-118.
MOTION: Redpath moved, seconded by Osterholt , to direct staff to draft a developer's
agreement incorporating the recommendations of the Commissions, that the only
approval is for the church sanctuary and the parking area, the question of the right-
of-way along Duck Lake Trail for proper intersection alingment be addressed, and if
there is any expansion necessary in the drainage easement it is all taken care of
Council Minutes - 4 - Tues. ,June 19, 1979
C. Yorkshire Point, rezoning of Lot 1 Block 3, Yorkshire Point from I-2 Park
to Rural Ordinance No. 79-22
Citv Manager Ulstad explained at the time the Council considered zoning of Yorkshire
Pointjthe 2 lots of Mr. Peterson were addressed in the developer's agreement, 1 lot
which had the I-2 zoning. At the time the developer's agreement was approveo
it was agreed by the City and Mr. Peterson that within a six month period he would
begin construction of an industrial facility. Mr. Peterson has not done so at this
point and for that reason this has been brought to the Council in the form of
a Public Hearing for consideration of rezoning back to Rural .
Mr. Peterson spoke on his own behalf requesting the Council allow him to continue
with his present zoning of I-2 Park
City Attorney Pauly stated the developer's agreement very clearly- states within six
months of the date of the agreement the owner will commence construction of an
industrial building, and the agreement was entered into on August 15, 1978. Mr.
Peterson is in violation of the agreement at this point.
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give a lst Reading to Ordinance No. 79-22, rezoning Lot 1 , Block 3, Yorkshire Point,
from I-2 Park to Rural . Motion carried unanimously.
Edstrom suggested if Mr. Peterson has any questions as to the interpretation of
the developer' s agreement that he should consult with his attorney, 'then his attorney
might consult with City Attorney Pauly if he has questions regarding the
developer's agreement.
V. REPORTS OF ADVISORY COMMISSIONS
No reports.
VI. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request for Transmission Line and Substation Development in Eden Prairie through_
the early 1990' s
Sam Higuchi , Northern States Power, introduced Mr. Donald Chmiel , Staff Assistant,
Environmental & Regulatory Activities Department of NSP, who, along with
Keith Wietecki , Assistant Manager Transmission and Substation Permits, spoke to
the proposal of NSP to construct a 345/115 electrical substation in the City of
Eden Prairie. They stated the reason they are before the Council this evening is to
receive Council 's input as to how they would like NSP to proceed with the MEQB in
filing for either an exemption from the MEQB regulation, which would mean NSP would
follow local ordinances, or go through the MEQB full process of public hearings
where the MEQB preempts all city ordinances. (Request attached as part of minutes) ,
Frank Plourde, Superintendent of Transmission Plan for NSP, outlined the need for a
facility of this type to be located in Eden Prairie. NSP representatives answered
questions directed by .Council members.
Penzel asked NSP if they would be willing to pay for an independent consultant
who could advise the City of the merits of the proposal and on the alternatives
that might be before the Council . Mr. Wietecki commented NSP would be willing
to provide some money.
MOTION: Osterholt moved, seconded by Pauly, to refer the matter to Staff for a
report at the July 3, 1979 Council meeting , at which time the Council will
make a decision on what procedure to follow. Motion carried unanimously.
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VII. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 79-11 , rezoning 26 acres from Rural to R1 -13.5 for
Meadow Park by Faulks & Reynolds and developer's agreement
This item was moved to the Consent Calendar (item III . H. )
B. 2nd Reading of Ordinance No. 79-17, rezoning approximately 3 acres from Planned
Study to I-2 Park for Stewart Sandwiches and developer's agreement
This item was moved to the Consent Calendar (item III . I . )
C. 2nd Readinc�of Ordinance No. 79-19, rezoning 6.8 acres T"•prom Rural to I-2 Park
for Shady Oak Industrial Park 2nd and developer' s agreement
Richard Anderson spoke to the language which he is proEYOSCIty
i•ng in item 3 of tt,e
developer's agreement instead of what was recommended staff: Anderson
commented the last time he was before the Council Mr. Osterholt stated he would like
to see incorporated in the developer's agreement the continuation of Shady Oak
Road from the first addition all the way north to Flying Cloud Drive, The agreement
which was prepared by City staff includes the extension and construction of
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and Mr, Anderson feels this is in error because he has no control over that
particular tract of land. Mr. Anderson further stated he would like to start
` construction immediately and hold off on the Certificate of Occupancy until the
City's staff has completed plans.
Osterholt asked what Staff would recommend, City Engineer Jullie replied the
City's engineering consultants, RCM, are working on the plans and specifications
for that extension up to Highway 169, and the City can most likely get that
under contract. Within probably a month the plans and specifications can be
ready to go for bids. It is also possible the City has worked out the right-of-way
acquisition from the Dvorak's and if the approval were tied to occupancy at this
point in time it seems reasonable. Jullie noted that 11 of those who signed the 100%
petition would also agree that the cost of the right-of-way acquisition is part of
their assessment and they would pay 100% of the cost and that it is an acceptable
doalar .amount to them. This would be attached as part of the agreement so the
City can avoid possible conflict at assessment time.
Penzel questioned where the Dvorak's responsibility comes in when their parcel
develops as they would have a ready made road. Jullie replied the Dvorak's would
have essentially no assessments for the road or for any utilities that would go in
there. All the cost to the City would be spread against. Mr. Anderson's parcels
as he has so petitioned.
Osterholt commented he doesn't feel that is a fair arrangement and all of the
benefitted properties should share in the cost.
Penzel questioned if the City could defer costs against the Dvorak parcel until such
time as it is zoned in order to avoid the penalties which might otherwise develop.
Ulstad replied we have to consider the fact that for improvements it is necessary
to hold a public hearing, and in this case we have a waiver of public hearing for
those properties that have agreed to be assessed, and that the Dvorak's would not
agree to waive a public hearing process because it is through that process they have
the right of appeal . However, that does not preclude the Council from deferring their
assessment at the public hearing, but that has to occur and might cause a problem for
Mr. Anderson because there would be a time lard.
Council Minutes - 6 - Tues. ,June 19, 1979
a
C. 2nd Reading of Ordinance No. 79-19 (continued) ;
` Osterholt recommended that it be put in the developer's agreement and subsequent
to that give each of the property owners some kind of a clarification so
that they know they are not being assessed for that share Mr. Anderson 's is picking
up for the Dvorak property. Further that a statement be signed acknowleding same.
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Robert Murray explained he is planning to erect another office warehouse on Shady
Oak once the rezoning is approved and the impression he had was that when it is I
zoned he can put up a building. He does not feel comfortable with the occupancy 3
restriction. Penzel outlined the Council and City Engineer Jullie felt we needed
the road to Washington Avenue and Shady Oak Road where it presently ends at Flying 1.
Cloud Drive and it was the feeling that the connection should be accomplished
prior to occupancy of any of the buildings in the industrial park in order to
preclude the development of some serious traffic problems which would otherwise
exist. It is the completion of the road connections that are being talked
about as the limiting factor. Mr. Jullie would hope to have plans and specs within
a month and then we would go to bidding for the improvement and hopefully get something .11
into the grourid this year.
The following amendments were made to the developer's agreement in item 3, page 1 :
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A. The Council approving the plans and specifications from the extension and
construction of Shady Oak Road from its westerly terminous and extending north-
easterly to Washington Avenue. B. City has acquired the right-of-way for said
extension, and C. Owner rough grading said extension".
.. MOTION: Osterholt moved, seconded by Redpath, to approve the 2nd Reading of
Ordinance No. 79-19, rezoning 6.8 acres from Rural to I-2 Park for Shady Oak
Industrial Park 2nd. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Redpath, to approve the developer's agreement
as amended. Motion carried unanimously,
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Councilwoman Pauly brought the Council up-to-date on the Highway 212
Advisory Committee.
B. Report of City Manager
1. Discussion on signalization and channelization at County Road l and T.H. 169
City Engineer Jullie distributed information on the signals at T,H, 169/Co,
Rd. 11, I .C. 51-311 , and stated he had invited representatives from the State
and County to come to the Council meeting this evening; however, those chose
not to come. Jullie further commented in talking with the representative
from the State he referred to another intersection that they researched and
found in a two year period when they put in a temporary signal system there
were 99 accidents (property damage and personal injury), and after they put in
the permanent signal improvements that cut it about in half. Their conclusion
was that the temporary signal had a worse accident record than without any
signals at all .
Council Minutes - 7 - Tues. ,June 19, 1979
1. Dtscussi.on on signalization and channelization at Co. Rd. land T.H. 169
Continued
MOTION: Edstrom moved, seconded by Osterholt, to instruct Staff to contact
the Commissioner of Highways and the Hennepin County Board requesting their
staff persons attend the next City Council meeting , and also to inform the
Governor' s office of this situation. Further that the similar situation
be brought to their attention of the accident on Highway 5 and West 78th Street Y
where 3 people were killed. Motion carried unanimously.
C. Report of City Attorney
No report.
D. Report of Planning Director
1. Charlson Es-�ates developer's agreement
q
MOTION: :Osterholt moved, seconded by Redpath, to approve the Charlson
Estates tcavPlonar'c aareernent. Motion carried unanimously.
E. Report of Director of Community Services
1. Purgatory Creek Options
Director of Community Services Lambert spoke to his memo dated June 14, 1979
and answered questions of Council members. Lambert also explained the
narks, Recreation & Natural Resources Commission at their June 18th meeting
recommended the Council consider directing staff to contact the Bluff's
Company to work out renewal of the option expiring July 31 , 1979 to December
of 1980 on the 19. 12 acre parcel , and let the option run out on the 54.43 acre
site.
MOTION: Pauly moved, seconded by Redpath, to allow the options to expire
and instruct Staff to pursue LAWCON funding. Motion carried unanimously.
2. Master Plan - Bryant Lake
Director of Community Services Lambert reviewed the final Bryant Lake Master
Plan which will be presented to the Metropolitan Council , and answered questions
of Council members.
MOTION: Redpath moved, seconded by Osterholt, to approve the Bryant Lake Master
Plan as presented by Director of Community Services Lambert. Motion carried
unanimously.
3. 1980 LAWCON Grants
a. Mitchell Lake
b. Purgatory Creek
Director of Community Services Lambert spoke to his memo dated June 14, 1979
MOTION: Osterholt moved, seconded by Redpath, to direct staff to apply for
LAWCON grants for Mitchell Lake and Purgatory Creek as outlined in memo dated r "
June 14, 1979 from Director of Community Services Lambert. Motion carried
unanimously.
Council Minutes - 8 - Tues. ,June 19, 1979
F. Report of City Engineer
�t 1. Consider bids for improvements in High Trail Estates, I .C. 51-322
Resoution No. 79-119 if
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No.
79-119, awarding the bid to the lowest responsible bidder, Brown & Cris , Inc.
in the amount of $696,797.85 for I. C. 51-322, High Trail Estates Utilities.
Roll Call Vote: Osterholt, Edstrom, Pauly, Redpath and Penzel voted "aye".
Motion carried unanimously. f
2. Consider bids for traffic signals at TH 5/W. 78th Street and channelization
at Mitchell Road/TH 5, I .C. 51-327 Resolution No. 79-120 1
MOTION: Edstrom moved, seconded by Osterholt, to adopt Resolution No.
79-120, awarding the bid to the lowest responsible bidder, Brown & Cris, Inc. i
in the amount of $964,550.03 for 1. C. 51-327, T.H. 5/W. 78th Street and
Mitchell Road improvements. Roll Call Vote: Edstrom, Osterholt, Pauly,
Redpath and Penzel voted "aye". Motion carried unanimously.
3. Final Plat approval for Charlson Estates (Resolution No. 79-121 )
Edstrom questioned if the plat took off from the sandstone monument or the
WPA monument,
Rich Sathre, McCombs-Knutson Associates, Inc, , stated their surveyor has
been working with Hennepin County and he believes Hennepin County has accept.
ed the older of the two,but cannot speak to the monument that has been
l Y accepted. Edstrom stated if they are taking the older one that is to
Eden Prairie's advantage.
MOTION: Osterholt-mo:�ed, seconded by Edstrom, to adopt Resolution No,
79-121 , approving the 'Final Plat for Charlson Estates contingent on the a
verification . of the monument being the older of the two, and if it is not
that this item be brought back to the iCouncil . Motion carried unanimously,
4. Request for the City to enter into a purchase arrangement for road right-of-
way for Shady Oak Road
City Engineer Jul.lie requested the City Council consider entering into a
purchase agreement for road right-of-way for Shady Oak Road, The property
would be broken down into two parcels and the total amount is $110,000,00
for 1 .58 acre, which is about $70,000 per acre,
MOTION: Osterholt moved, seconded by Pauly, to approve the purchase agree-
ment subject to City Attorney' s review, Roll Call Vote; Osterholt, Pauly,
Edstrom, Redpath and Penzel voted "aye". Motion carried unanimously,
G. Report of Finance Director
1. Setting of a Public Hearing for Municipal Industrial Development Bonds in the
amount of $1 ,150,000.00 for Lloyd Miller/Energy Controls for Jul 7 1979
This item was moved to the Consent Calendar (see item III. J. ) .
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Council Minutes - 9 - Tues. ,June 19, 1979
2. Setting of a Public Hearing for Municipal industrial Development Bonds in
C the amount o ?_i000,000.00 for Parker-Hannifin for July 17, 1979
This item was moved to the Consent Calendar (see item III. K. ) .
3. 1978 Audit Report
William M. McCue, C.P.A. , and John E. Fox, C.P.A. , whose firm conducted
the City of Eden Prairie's 1978 Audit, reviewed the report with Council
members and answered questions pertaining to same.
4. Payment of Claims Nos. 4500 - 4720
MOTION: Redpath moved, seconded by Osterholt, to approve Payment of Claims
Nos. 4500 - 4720. Roll Call Vote: Redpath, Osterholt, Edstrom, Pauly
and Penzel voted "aye". Motion carried unanimously.
IX. NEW BUSINESS r_
No new business.
X. ADJOURNMENT
MOTION: Edstrom moved, seconded by Osterholt, to adjourn the Council meeting at
10:47 PM. Motion carried unanimously.
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NORTHERN STATES POWER COMPANY
MINNETONKA DIVISION e
EXCELSIOR. N11"NESOTA 55331
♦MC WATCH•C./M1NhCONIi.A"
June 13, 1979
Mr. Roger Ulstad, City Manager
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
SUBJECT: Transmission. Line & Substation Development in Eden Prairie
Through the Early 1990's
4'-
Northern States Power Company (NSP) is prorosing to construct a
345/115 kv electrical substation in the City of Eden Prairie,
as described in our letter of March 9, 1979 (copy attached).
We would like to inform the city Council of our proposal and to
explain the State of Minnesota Environmental Quality Board (MEQB)
process and regulations. NSP no longer has jurisdiction over the
,. Location of our transmission lines and associated facilities that
are 200 kv or larger. Ilia MEQB now has that authority.
We would like the City Council's input as to how they would like
us to proceed with the MEQB in filing for either an exemption from
the P1EQB regulation which would mean NSP would follow local ordin-
ances or go through the MEQB full process of public hearings
whereby the MEQB preempt:: all city ordinances. We would like to
meet with you at your convenience at a Council br workshop meeting
to explain the need for the project and determine how the City
would like us to proceed. Therefore, would you please put us on
the Council agenda so that we inay explain how the process works and
have the Council indicate how NSP should file with the MEQB.
The information on this proposal is preliminary because "planning
for this substation is far in advance of actual construction and
we need to acquire property for this substation before land is
sold or not available.
Sincerely,
j��/ 4�cam:.-s►.-.�.. .
R. G. Thomas
Cencral Manager
_ Minneton1ta Division
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