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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 13, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 27 (12. #10-3486 XCEL ENERGY, 3960 SIXTH AVENUE NORTH, Continued) Mattick stated Rule 78.50 speaks for itself and that the City needs to have something in place to regulate it. The City has it listed as a conditional use, but beyond that, the criteria to govern it would be the City’s general CUP regulations as it relates to routing or sighting. Mattick noted the PUC would have a whole separate list of regulations than what the City has. The PUC would require an environmental assessment and other things that are not currently in the City’s ordinances. Mattick noted he has spoken with the PUC and they have indicated it is the City’s call on whether they want to review the application. Orono has very few review criteria specific to the sighting or routing of the towers, which poses a problem for Staff. There is nothing in the City’s ordinances regarding the height of the towers or the separation of the towers to give guidance to Staff. Mattick stated the City Council does have the option to review the application if they are comfortable that there are enough regulations currently on the books to provide guidance to Staff on how to proceed. Bremer noted an environmental assessment would be required and asked what that would entail. Mattick stated it would look at the impact of the project on the wetland and things of that nature. White asked whether alternative sites would be listed in the assessment. Mattick indicated they would not be. Based on the size of the project, Xcel does not need to produce a certificate of need. Mattick pointed out that the PUC handles these sorts of things routinely and that there are legitimate questions that need to be asked but that he is not sure if Staff would be able to answer those questions. Mattick stated this is basically an approve or deny type of application based on the City’s current regulations. Bremer asked if the application is complete at this point and whether the 60 day time period has commenced. Mattick stated they have received an application but it is not complete at this point. Mike Kuruvilla commented the City Attorney has not seen the plan and the neighbors have not seen the plan and that a decision should not be made until that is done. The substation would fall under the City of Orono’s land use plan. White requested Mr. Kuruvilla ask a specific question regarding the project. Kuruvilla stated the substation would come under the City’s land use plan. White noted that Mr. Kuruvilla has already pointed out that the City Council and the citizens are the best judges of the City’s land use plan. White indicated the City Attorney is advising the City Council on the best way to proceed given the City’s current regulations. Mattick stated he is not suggesting that substations and routes do not affect the land because they do, but that the PUC would address that. The local authorities have the option on minor projects to review the application. The PUC administers these and reviews these differently than a city would. The City would consider this a conditional use and Xcel would be granted a conditional use permit if they meet all of the Item #04 - CC Agenda - 01/10/2011 Approval of Council Minutes 12/13/2010 [Page 15 of 27]