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HomeMy WebLinkAboutResolution - 194 - Granting a Building Permit Under Ordinance #35 & a Special Use Permit Under Ordinance #8 to Northern States Power Company on Certain Terms & Conditions - 02/27/1968 rr • ` • VILLAGE OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 194 A RESOLUTION GRANTING A BUILDING PERMIT UNDER ORDINANCE N0. 35 AND A SPECIAL USE PERMIT UNDER ORDINANCE NO. 8 TO NORTHERN STATES POWER COMPANY ON CERTAIN TERMS AND CONDITIONS WHICH ARE HEREIN- AFTER SET FORTH. WHEREAS, the Northern States Power Company, hereinafter referred to as NSP, did at the request of the Village of Eden Prairie, hereinafter referred to as Village, on the 8th day of July, 1964, apply for a permit to construct a 345 KV transmission line through said Village and in conjunction with said application has filed its plans and specifications therewith, and WHEREAS, for many months prior to this application NSP and the Village had been studying the location of a proposed transmission line through said Village, and WHEREAS, over the years many alternate routes have been studied and considered by the Village and NSP, and WHEREAS, on December 2, 1964 the Planning Commission of the Village recomonded to the Village Council that the application of NSP as then filed be approved, and WHEREAS, the Village did on or about the 13th day of December, 1966 adopt Resolution No. 147, the effect of which was to recommend that NSP consider installation of the aforementioned transmission line along the right-of-way of County Road No. 18, and WHEREAS4 with the passage of time it has become apparent that any such transmission line cannot be coordinated with the construction of the new County Road 18 to be constructed south of U. S. Highway No. 494 to the (Minnesota River, and WHEREAS, the Village Council did in June, 1967 again refer the question of the application by NSP to its planner, and WHEREAS, the planner did report on August 3, 1967, on the NSP application to the Council which report and supplement thereto 'ae hereby accepted as a basis for this Resolution, and WHEREAS, there is doubt as to the legal rights of both parties in this matter, NOW, THEREFORE, BE IT RESOLVE© by the Village Council of the Village of Eden Prairie, as follows: I . The application as submitted by NSP is hereby denied. 2. The Special Use Permit and Building Permit as required by Ordinance o $ Section I Subd 2 are hereby ranted No. 35 and Ordinances N , S � n 5.f , y g upon the following terms and conditions. (A) NSP is hereby granted a permit to construct a 345 KV double circuit transmission line within the Village of Eden Prairie along a route approximately as shown on Exhibit A attached hereto and made a part hereof and subject to all the terms and conditions as hereinafter set forth: ( 1 ) NSP agrees to use steel single pole architectural towers with upswept arms through the following areas: Between space frame tower Number 51 and 54 of the plans and specifications on file herein and at all points lying southerly of a point where State Highway No. 169 crosses the aforementioned route to the river bluffs except where the angles of the line exceed 20. it is contemplated that in the area lying south of said State Highwayhb.169 that a space frame structure will be used at a point on the river bluff and two additional space frame structures at angle points. It is further understood and agreed that architectural towers may be used one span on either side of State Highway No. 169 depending on the recommendation of the Village Planner, Engineer and NSP. In those areas not specifically designated, it is contemplated space frame structures will be used. (2) NSP agrees on that portion of the route lying South of State Highway No. 169 to use geaduated angles (not to exceed 20) wherein the judgment of the Village Engineer and Planner they i, can be effective and so tong as said requirement does not require an adjustment in the right-of-way. (B) By January 1 , 1969 NSP will present to the Village a comprehensive plan for underground distribution systems within the Village. (C) NSP agrees to provide at their expense landscape plantings around structures near homes or at other critical points on the right-of- way which in the judgment of the planner and the Village Engineer will help reduce the visual impact of the construction along the right-of-way. (Q) NSP shall take those remedial measures necessary to eliminate any interference caused by the construction and operation of the proposed 345kv transmission lines to the reception of signals on the radio broadcast band or television broadcast band. If there is disagrement either on existence of such interference or on the remedial Measures necessary to correct such interference which cannot be resolved, a disinterested arbitrator, whose decision shall be final , shall be chosen by the Village Council . The arbitrator must be a con- sulting engineer with recognized competency in the field whose selection is acceptable to NSP. The reasonable fees of the arbitrator shall be paid by NSP. If NSP cannot accept the arbitrator chosen+ by the Village, NSP shall within 10 days after written notice of the Village selection choose an alternate, who shall be the arbitrator, unless the Village within 30 days chooses an arbitrator acceptable to NSP. All notices of the above selection, rejection, acceptance of said arbitrator shall be in writing and any and all .' decisions or recommendations of said arbitrator shall be final . (I@) NSP agrees to replace and repair damage to grass, driveway, shrubs and fences and other improvements disturbed by the construction in such a way that they will be in at least as good condition as they were found before the construction of the line. (F) NSP agrees to make minor changes in the locations of the structures as may be recommended by the Village Planner and Engineer, provided that all such requests shall be made within 15 days after the final plans and profile are submitted. (G) NSP must affirmatively state in writing that there will be no more 345 KV or higher voltage transmission lines constructed through the Village of Eden Prairie at any time. By acceptance of this Agreement, it is understood and agreed that this precludes the widening or modification of the approved right-of-way to permit construction of a parallel line of towers as well as any other separate route within the Village itself. . a • i (H) NSP agrees that any future transmission lines out of the Westgaje Sub-station must go on or alongside of the railroad right-of-way to the west and that there will, in no event, be more than two such lines, one line going down each of the two diagonal railroad tracks in the western part of the Village. ( 1) NSP agrees and understands that should a second major sub-station be constructed within the Village to serve future loads within the Village, said sub-station will be located generally in the southeast quadrant of the Village and the transmission lines necessary to connect this new sub-station into the system will be one line only, • either North and South or East and West but not both. In other words, NSP agrees to serve this sub-station with one transmission line and no more. (J) NSP agrees to present plans for any future construction or modification of existing transmission lines at least one year in advance of the needed decision date and at said time to submit proposed application, engineering and construction times at the time of the initial application. The Village agrees that it will review such proposed plans within a period of 60 days from the date of their submission to the Village and to Make a report to NSP as to suggested changes, if any, that might be required to have them acceptable to the Village. It is the intent of this provision that NSP must bring the Village into the planning process at the earliest practical point in route selection procedures before significant investments have been made in surveys, engineering and land acquisition. (K) NSP agrees to change the existing 69 KV transmission line to upswept arm type configuration when upgraded in voltage and it further agrees that at no time prior to March 1 , 1972 will it construct a transmission line within the Village on other than single pole architecturally treated structures. It is the intent of this paragraph that transmission lines constructed after March I , 1972 will be acted upon by the parties at that time. (L) This Special Use Permit hereby issued in this Resolution shall be null and void unless accepted in writing by NSP which writing will provide that NSP will be bound by all the conditions and terms of this Resolution. Upon the filing of the acceptance of the Special Use Permit by NSP the Village shall : Issue a building permit for said construction of the 3115 KV transmission line on the terms and conditions hereinbefore set forth upon payment by NSP of a building permit fee as required by Village Ordinance. No inspection of electrical transmission facilities shall be required and NSP shall assume all responsibility for its construction- and inspection. ADOPTED by the Village Council of the Village of Eden Prairie at a regular meeting thereof held this 27th day of February, 1968 1 avid W. Osterholt, Mayor of the Village of Eden Prairie Att Cle ram � - _ .``_ _ - - -- -- -• - - --- - 1 ' L 4. 7 -- ��' R-C t l r~ S-I �- -A M-2 P O-C ��� . , P•O•C -�� --- —Ali j P.p.0 i C _ P•p.0 - P:. i vy - C-2 M-2 _ II , S-I S_I -Z _R--._ 33 y �•1C S-i \� i S-I C " R- - P•a - R-C - - ,.z. R-1 j `R-C a `' w� c P �. - R { P• ,C � --�� C-1 R-C �--� y-P.p-C ,. . R-C .,..... P-O•C - - — p.p. -1 P-O•C W - - - - P�O-C I — P•O•C P�9 - ,r• -- P•O•G P•O•C -I P-O-C 1.0.0 w ? P-O-C E _ EXHIBIT . . -A C-1 Local Commercial or Shopping Center district. ZONING M A P C-s General Commercial or Shopping Center district. VILLAGE OF EDEN PRAIRIE + M-1 Limited Industrial a Manufacturing district. N M-2 General Industrial Q Manufacturing district. — - — " — — — RRAWR aassa<in.,i— S-I Special Industrial district.