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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,December 13,2010 <br /> 7:00 o'clock p.m. ' <br /> (11. #11-3471 TERRY SCHNEIDER WITH KLINGELHUTZ DEVELOPMENT ON BEHALF <br /> OF WOODHILL SENIOR COLLATES OF NAVARRE,2525 SHADYWOOD ROAD, Continued) <br /> Franchot moved,Murphy seconded,to adopt RESOLUTION NO. 6002,a Resolution Approving a <br /> Conditional Use Permit and Site Plan for Properties Located at 2525,2535,and 2545 Shadywood <br /> Road. VOTE: Ayes 5,Nays 0. <br /> 12. #10-3486 XCEL ENERGY,3960 SIXTH AVENUE NORTH—CUP SUBSTATION <br /> ROUTING PERMIT <br /> Joe Sedarski, Chris Rogers and Gene Cox were present on behalf of Xcel Energy. <br /> Curtis stated in August Xcel Energy began the process of making an application to expand and upgrade <br /> their existing substation at 3960 Sixth Avenue North. This project includes a complete rebuild of the <br /> existing substation and an increase in operating voltage from 69 kilovolts to 115 kilovolts. A new <br /> transmission line is also proposed. The final route for the new,overhead transmission line has not yet <br /> been determined but will be subject to review and approval. <br /> This type of project is typically reviewed and approved by the Public Utilities Commission(PUC). ' <br /> However, Xcel may seek local review and approval because their project meets the exemption set out in <br /> the Statute. The exemption applies to projects involving transmission lines between 100 and 200 kV,and <br /> substations with a voltage designed for and operating at 100 kV or more. Both are being proposed on this <br /> site. Pursuant to Minnesota Statute 216.E.05 and MN Rule 7850.5300,Xcel may seek local review and <br /> approval from the City via our conditional use permit process for their substation expansion and new <br /> transmission line route. Pursuant to MN Statute 216.E.05, Subd. 1(b)and MN Rule 7850.5300, Subpart <br /> 4,the City has 60 days in which to refer review and permitting back to the PUC. As the application is not <br /> yet complete,that 60-day clock has not begun. <br /> City Zoning Code lists public service structures as an allowed conditional use within all districts in the ' <br /> City. Specifically, Section 78-393(6) applies to the RR-1A District where this property is located. Staff <br /> initially understood the local review sought by Xcel was only the CUP for the substation expansion. Staff <br /> now better understands that accepting Xcel's request for local review includes the substation and approval <br /> of the routing for the new transmissions line route. Because the review process cannot be split between <br /> the City and the PUC,the City must review either both aspects of this proposal or neither. In the opinion <br /> of Staff,the City does not have the appropriate level of expertise needed to fully review the routing of the <br /> new transmission lines. <br /> Based on the City Attorney's discussions with the PUC, we believe the City's comments and <br /> recommendations on the application,specifically related to land use,screening,setbacks, etc.,will be <br /> implemented in the PUC's review and approval of the project. The City does not have a history of <br /> reviewing this type of application and Staff would recommend the City defer the review of this <br /> application to the PUC pursuant to 216.E.05, Subd. 1(b),and Rule 7850.5300, Subpart 4. <br /> Mayor White opened the public hearing at 8:49 p.m. <br /> Michael Kuruvilla,760 Hunt Farm Road,stated he is president of the Hunt Farm Road Homeowners <br /> Association. Kuruvilla stated an application is being put forward but that the homeowners association has <br /> concerns since this is located at their back door. <br /> Page 13 of 27 <br />