ITC Overhead Electric Transmission Facilities Copyright 2014
City of Dubuque Action Items # 9.
ITEM TITLE: ITC Overhead Electric Transmission Facilities
SUMMARY: City Manager recommending adoption of a resolution which states that the
filing of a petition by ITC for a proposed overhead electric transmission line
facility in the City of Dubuque and a formal public hearing process would
not be in the public interest and further recommends that the minimum
250-foot distance from transmission lines not be waived if a petition is
considered.
RESOLUTION Providing that a proposed project by ITC Midwest LLC for a
license to erect, maintain and operate a proposed Electric Transmission
Line Facility in the City of Dubuque would not be permittable under the City
of Dubuque Code of Ordinances and would not be permitted by the City
Council and therefore an application for a license and the required process
for such a license would not be in the public interest
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ ITC Route Alternatives for Overhead Electric Transmission Facilities- City Manager Memo
MVM Memo
❑ Staff Memo Staff Memo
❑ ITC Proposed Routes Map Supporting Documentation
❑ Iowa Code Chapter 6 Supporting Documentation
❑ Resolution Resolutions
THE CITY OF Dubuque
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Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
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FROM: Michael C. Van Milligen, City Manager
SUBJECT: ITC Route Alternatives for Overhead Electric Transmission Facilities
DATE: June 10, 2015
ITC has proposed three (3) route alternatives for a 345 kilovolt (KV) overhead electric
transmission line through the City of Dubuque.
The City Code for licensing electric transmission line companies requires that a company file a
petition with the City Council, and that the City Council hold a public hearing when considering a
petition. The City Code requires a transmission line to be at least two hundred fifty feet (250')
from any dwelling or other building, except by agreement or when the line crosses or passes
along a public highway or is located along a railroad right-of-way.
City staff has identified potential impacts for each route alternative proposed by ITC. Areas of
the community affected by each route alternative include residential and commercial properties,
parks, attractions, open space, other utilities, wetlands and waterways. Based on the minimum
250-foot distance between transmission lines and buildings and on the identified impacts,
Planning Services Manager Laura Carstens and City Engineer Gus Psihoyos recommend that
the City Council adopt the enclosed resolution which states that the filing of a petition by ITC
and a formal public hearing process would not be in the public interest.
I concur with the recommendation. I further recommend that the minimum 250-foot distance
from transmission lines not be waived if a petition is considered. I respectfully request Mayor
and City Council approval
Michael C. Van Milligen
MVM:lc
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodman, Assistant City Manager
Laura Carstens, Planning Services Manager
Gus Psihoyos, City Engineer
C:\Users\jhilkin\Documents\GroupWise\Memo on ITC MVM to CC.doc
THE CITY OF DU, buque
DUB E ' c"
Masterpiece on the Mississippi
2110]•4014.4019
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Se Manager*k-----
Gus Psihoyos, City Engineer
SUBJECT: ITC Route Alternatives for Overhead Electric Transmission Facilities
DATE: June 10, 2015
INTRODUCTION
This memorandum provides a recommendation on the route alternatives for overhead
electric transmission facilities proposed by ITC through the city of Dubuque. Enclosed
are a map of the route alternatives, City Code Chapter 11-6 Procedure for Licensing
Electric Transmission Line Companies, and a resolution.
BACKGROUND
City Code Section 11-6-3 requires an electric transmission line company to apply, via
petition, for a license to erect, maintain and operate a facility within the city. The
applicant must hold a public informational meeting prior to filing the petition. Section 11-
6-5 requires the City Council to hold a publichearingwhen considering whether to
grant, amend, extend, or renew a license. Section 11-6-7 sets forth location criteria.
This section requires a transmission line to be at least two hundred fifty feet (250') from
any dwelling or other building, except by agreement or when the line crosses or passes
along a public highway or is located along a railroad right-of-way.
DISCUSSION
ITC has proposed three (3) route alternatives for a 345 kilovolt (KV) overhead electric
transmission line as shown on the enclosed map. The Hickory Creek-East Dubuque
Route Alternative is ITC's preferred route. City staff had the following comments and
concerns on potential impacts for each route alternative:
1. Hickory Creek-East Dubuque Route Alternative (blue line on map)
a. This route is near a planned water tower site on Roosevelt Street.
b. This route will affect the most wetland acres.
c. This route will affect residential properties (125 residences within 250
feet).
2. Lock and Dam No. 11 Route Alternative (green line on map)
a. Sutton Public Pool and Eagle Point Water Plant are within 200 feet and
250 feet of this route.
b. This route is near a planned water tower site on Roosevelt Street.
c. This route will affect the highest number of residential properties (133
residences within 250 feet).
d. This route will affect the highest number of woodland acres.
e. This route is the only one which includes areas that are not currently
occupied by overhead transmission facilities.
f. This route will have obvious negative visual impacts on Eagle Point Park,
one of the Midwest's most outstanding parks. Each year, the park hosts
approximately 240,000 visitors and more than 1,200 events.
3. Salem-East Dubuque Route Alternative (yellow line on map)
a. The National Mississippi River Museum and Aquarium is within 200 feet
and 250 feet of this route.
b. This route will affect the highest number of communication facilities.
c. This route will affect the highest number of commercial properties.
d. This route includes the highest number of streams and waterways
crossed.
e. This route will affect residential properties (18 residences within 250 feet).
RECOMMENDATION
Based on the minimum 250-foot distance between transmission lines and buildings in
City Code Section 11-6-7 and on the identified impacts described above, City staff
recommends that the City Council adopt the enclosed resolution which states that the
filing of a petition by ITC and a formal public hearing process would not be in the public
interest.
REQUESTED ACTION
The requested action is for the City Council to concur with the staff recommendation
and adopt the resolution.
Enclosures
Prepared by Nate Kieffer and Laura Carstens
cc: Barry Lindahl, City Attorney
Steve Brown, Project Manager
Nate Kieffer, Land Surveyor, PLS
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CHAPTER 6
PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION LINE COMPANIES
11-6-1: GRANT OF LICENSE:
A. The city council may grant to any person a license to erect, maintain, and operate an
electric transmission line within the city.
B. The license may regulate the conditions required and the manner of use of the
streets and public grounds of the city. (Ord. 15-13, 3-4-2013)
11-6-2: LICENSEE FEE:
A. A license fee will be assessed by the city council based upon the city's cost of
inspecting, supervising, and otherwise regulating the licensee's operations.
B. The licensee shall also pay the city a franchise fee of five percent (5%) of gross
revenues generated from sales of the franchisee within the city. (Ord. 15-13, 3-4-2013)
11-6-3: PETITION FOR LICENSE; INFORMATIONAL MEETINGS HELD:
A. Any person authorized to operate electric transmission lines in the state may file a
verified petition with the city clerk asking for a license to erect, maintain, and operate a
line or lines for the transmission of electric current and for such purpose to erect, use,
and maintain poles, wires, guywires, towers, cables, conduits, and other fixtures and
appliances necessary for conducting electric current over, along, and across any city
lands or rights of way.
B. As condition precedent to the filing of a petition requesting a license for a new
transmission line, and not less than thirty (30) days prior to the filing of such petition, the
person shall hold a public informational meeting.
C. The meeting shall be held in the city of Dubuque at a location reasonably accessible
to all persons that may be interested in the granting of the license.
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D. The person seeking the license for a new transmission line shall publish notice of the
informational meeting. The notice shall contain the following:
1. The name of the applicant.
2. The applicant's principal place of business.
3. A general description and purpose of the proposed project.
4. The general nature of the right of way desired.
5. A map showing the route of the proposed project including the location of all towers,
poles, and other equipment.
6. A description of all towers, poles, and other equipment to be constructed or installed.
7. The place and time of the meeting.
E. The notice shall be published not less than thirty (30) days prior to the time set for the
meeting once in a newspaper of general circulation in the city at least one week and not
more than three (3) weeks before the time of the meeting. (Ord. 15-13, 3-4-2013)
11-6-4: PETITION:
A. All petitions shall set forth:
1. The name of the individual, company, or corporation asking for the license.
2. The principal office or place of business.
3. The starting points, routes, and termini of the proposed lines, accompanied with a
map or plat showing such details, including the location of all towers, poles, and other
equipment and a detailed description of all towers, poles, and other equipment to be
constructed or installed.
4. A general description of the public or private lands, highways, and streams over,
across, or along which any proposed line will pass.
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5. General specifications as to materials and manner of construction. Whether the
transmission lines will be aboveground or underground, and if aboveground, the
petitioner's detailed explanation why the lines will not be underground.
6. The maximum voltage to be carried over each line.
7. An allegation that the proposed construction is in the public interest.
B. Petitions for transmission lines capable of operating at sixty nine (69) kilovolts or
more shall also set forth an allegation that the proposed construction represents a
reasonable relationship to an overall plan of transmitting electricity in the public interest
and substantiation of such allegations, including, but not limited to, a showing of the
following:
1. The relationship of the proposed project to present and future economic development
of the area.
2. The relationship of the proposed project to comprehensive electric utility planning.
3. The relationship of the proposed project to the needs of the public presently served
and future projections based on population trends.
4. The relationship of the proposed project to the existing electric utility, gas,
stormwater, sanitary sewer, water and fiber systems and parallel existing utility routes.
5. The relationship of the proposed project to any other power system planned for the
future.
6. The possible use of alternative routes and methods of supply.
7. The relationship of the proposed project to the present and future land use and
zoning ordinances.
8. The inconvenience or undue injury which may result to property owners as a result of
the proposed project.
C. The city council may waive the proof required for such allegations which are not
applicable to a particular proposed project.
D. The petition shall contain an affidavit stating that the required informational meeting
was held and the time and place of such meeting. (Ord. 15-13, 3-4-2013)
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11-6-5: PUBLIC HEARING:
A. When considering whether to grant, amend, extend, or renew a license, the city
council shall hold a public hearing on the question. Notice of the time and place of the
hearing shall be published as provided in Iowa Code section 362.3. The city council
shall consider the petition and any objections filed to it. It shall examine the proposed
route or cause any engineer selected by it to do so. It may hear testimony as may aid it
in determining the propriety of granting the license. It may grant the license in whole or
in part upon the terms, conditions, and restrictions, and with the modifications as to
location and route as may seem to it just and proper.
B. A license shall not become effective until the petitioner shall pay, or file an agreement
to pay, all costs and expenses of the license proceeding, whether or not objections are
filed, including costs of inspections or examinations of the route, hearing, publishing of
notice, and any other expenses reasonably attributable to it. (Ord. 15-13, 3-4-2013)
11-6-6: MANNER OF CONSTRUCTION:
A. Such lines shall be built of strong and proper wires attached to strong and sufficient
supports properly insulated at all points of attachment; all wires, poles, and other
devices which by ordinary wear or other causes are no longer safe shall be removed
and replaced by new wires, poles, or other devices, as the case may be, and all
abandoned wires, poles, or other devices shall be at once removed. Where wires
carrying current are carried across, either above or below wires used for other service,
the said transmission line shall be constructed in such manner as to eliminate, so far as
practicable, damages to persons or property by reason of said crossing. There shall
also be installed sufficient devices to automatically shut off electric current through said
transmission line whenever connection is made whereby current is transmitted from the
wires of said transmission line to the ground, and there shall also be provided a safe
and modern improved device for the protection of said line against lightning. The city
council shall have power to make and enforce such further and additional rules relating
to location, construction, operation and maintenance of said transmission line as may
be reasonable.
B. All transmission lines, wires or cables for the transmission, distribution or sale of
electric current at any voltage shall be constructed and maintained in accordance with
standards adopted by rule by the Iowa utilities board. (Ord. 15-13, 3-4-2013)
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11-6-7: DISTANCE FROM BUILDINGS:
No transmission line shall be constructed, except by agreement, within two hundred fifty
feet (250') of any dwelling house or other building, except where said line crosses or
passes along a public highway or is located alongside or parallel with the right of way of
any railway company. In addition to the foregoing, each person, company, or
corporation shall conform to any other rules, regulations, or specifications established
by the Iowa utilities board, in the construction, operation, or maintenance of such lines.
(Ord. 15-13, 3-4-2013)
11-6-8: NONUSE; REVOCATION OF LICENSE; EXTENSIONS OF TIME:
A. If the improvement for which a license is granted is not constructed in whole or in part
within two (2) years from the date the license is granted, the license shall be forfeited,
unless the person holding the license petitions the city council for an extension of time.
B. Upon a showing of sufficient justification for the delay of construction, the city council
may grant one or more extensions of time for periods up to two (2) years for each
extension. (Ord. 15-13, 3-4-2013)
11-6-9: WIRES ACROSS RAILROAD RIGHT OF WAY AT HIGHWAYS:
No corporation or person shall place or string any such wire for transmitting electric
current or any wire whatsoever across any track of a railroad except in the manner
prescribed by the utilities board. (Ord. 15-13, 3-4-2013)
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RESOLUTION NO. 215-15
PROVIDING THAT A PROPOSED PROJECT BY ITC MIDWEST LLC FOR A
LICENSE TO ERECT, MAINTAIN AND OPERATE A PROPOSED ELECTRIC
TRANSMISSION UNE FACILITY IN THE CITY OF DUBUQUE WOULD NOT BE
PERMITTABLE UNDER THE CITY OF DUBUQUE CODE OF ORDINANCES AND
WOULD NOT BE PERMITTED BY THE CITY COUNCIL AND THEREFORE AN
APPLICATION FOR A LICENSE AND THE REQUIRED PROCESS FOR SUCH A
LICENSE WOULD NOT BE IN THE PUBLIC INTEREST
Whereas, City of Dubuque Code of Ordinances Chapter 11-6 establishes a
process for licensing electric transmission line companies which requires an electric
transmission line company to apply for a license to erect, maintain and operate a facility
within the city; and
Whereas, the applicant must hold a public informational meeting prior to filing the
petition; and
Whereas, Chapter 11-6 requires the City Council to hold a public hearing when
considering whether to grant, amend, extend, or renew such a license; and
Whereas, ITC Midwest LLC (ITC) proposes to apply for a license for three (3)
proposed route alternatives for a 345 kilovolt (KV) overhead electric transmission line as
shown on the attached map; and
Whereas, the City Manager has met with representatives of ITC to gather
information about the proposed project; and
Whereas, the City Manager and City staff have investigated the project, including
material provided by ITC; and
Whereas, the City Manager has provided the City Council with the attached
recommendation that the filing of a petition by ITC and a formal public hearing process
would not be in the public interest; and
Whereas, the City Council, having reviewed the City Manager's recommendation,
and material provided by ITC, finds that the City Council has adequate information to
determine that the proposed project is not permittable and would not be permitted under
Chapter 11-6, and that the recommendation of the City Manager should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council hereby approves the recommendation of the City
Manager that the filing of a petition by ITC for a license to erect, maintain and operate a
facility within the city as proposed by ITC is not permittable and would not be permitted
060215ba1
by the City Council, and that the filing of an application by ITC and proceeding with the
process required by the City of Dubuque Code of Ordinances for such a license would
not be in the public interest.
Passed, approved and adopted this 15th day of Juni, 2015.
Roy D. BILI; Mayor
Attest:
Kevin Firnstahl,tity C erk
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