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Item #12 - CCAgenda - 1211312010 <br />File #10-3486 [Total Pages 8] <br />#10-3486 <br />Page 2 of 2 <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. Staff recommends the City defer the review of this application to <br />the PUC pursuant to §216.E05, subd. 1(b) and Rule 7850.5300, subp. 4. <br />Planning Staff Recommendation <br />Staff recommends the Council decline the local review. Pursuant to MN Statute §216.E05, subd 1(b) <br />and MN rule 7850.5300, subp 4, Council should refer Xcel's application back to the State to follow the <br />PUC's review process. <br />