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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 />(12. #10-3486 XCEL ENERGY, 3960 SIXTHA VENUE NORTH, Continued) <br />Mattick stated Rule 78.50 speaks for itself and that the City needs to have something in place to regulate <br />it. The City has it listed as a conditional use, but beyond that, the criteria to govern it would be the City's <br />general CUP regulations as it relates to routing or sighting. Mattick noted the PUC would have a whole <br />separate list of regulations than what the City has. The PUC would require an environmental assessment <br />and other things that are not currently in the City's ordinances. <br />Mattick noted he has spoken with the PUC and they have indicated it is the City's call on whether they <br />want to review the application. Orono has very few review criteria specific to the sighting or routing of <br />the towers, which poses a problem for Staff. There is nothing in the City's ordinances regarding the <br />height of the towers or the separation of the towers to give guidance to Staff. <br />Mattick stated the City Council does have the option to review the application if they are comfortable that <br />there are enough regulations currently on the books to provide guidance to Staff on how to proceed. <br />Bremer noted an environmental assessment would be required and asked what that would entail. <br />Mattick stated it would look at the impact of the project on the wetland and things of that nature. <br />White asked whether alternative sites would be listed in the assessment. <br />Mattick indicated they would not be. Based on the size of the project, Xcel does not need to produce a <br />certificate of need. Mattick pointed out that the PUC handles these sorts of things routinely and that there <br />are legitimate questions that need to be asked but that he is not sure if Staff would be able to answer those <br />questions. Mattick stated this is basically an approve or deny type of application based on the City's <br />current regulations. <br />Bremer asked if the application is complete at this point and whether the 60 day time period has <br />commenced. <br />Mattick stated they have received an application but it is not complete at this point. <br />Mike Kuruvilla commented the City Attorney has not seen the plan and the neighbors have not seen the <br />plan and that a decision should not be made until that is done. The substation would fall under the City of <br />Orono's land use plan. <br />White requested Mr. Kuruvilla ask a specific question regarding the project. <br />Kuruvilla stated the substation would come under the City's land use plan. <br />White noted that Mr. Kuruvilla has already pointed out that the City Council and the citizens are the best <br />judges of the City's land use plan. White indicated the City Attorney is advising the City Council on the <br />best way to proceed given the City's current regulations. <br />Mattick stated he is not suggesting that substations and routes do not affect the land because they do, but <br />that the PUC would address that. The local authorities have the option on minor projects to review the <br />application. The PUC administers these and reviews these differently than a city would. The City would <br />consider this a conditional use and Xcel would be granted a conditional use permit if they meet all of the <br />Page 15 of 27 <br />