07/08/2009 Minutes - Laserfiche WebLink

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questioned the acreage needed for towers higher than 250 feet. Ms. Wenger said the ordinance does not allow towers to be higher than 170 feet tall. Ms. Puinno asked who would be responsible if a propeller was projected or landed on a neighbor's yard or home causing damage. Mr. Lasko thought the issue would need to be addressed between insurance companies. Mr. Rerko said the ordinances were being created to ensure the city can dictate when, how and where WECS can be used within the city. If nothing is put in place to regulate such systems the city will be in an awkward position and have very little control over them. Mr. Lasko said that if Ordinance 2009-63 is adopted it requires anyone who wishes to install a small or medium WECS tower to seek a conditional use permit from the Planning and Design Commission and seek Council's approval. Mr. Welter said he thought the ordinance was too restrictive and felt the ordinance should address more than monopoles as there are more styles available. The type of systems addressed should be broadened. Limiting the systems to providing 10 kilowatts was also restrictive as there are small systems such as a wind cube which can produce 60 kilowatts and is only 22 square feet in diameter, which would fit into the roof top application. He applauded the Commission for having the foresight to address renewable energy. Ms. Rudolph asked how public utility and private easements would be addressed in relation to the practical applications of the ordinances as they relate to setbacks. Mr. O'Malley noted that the suggestion was an issue which would be researched. Ms. Kosmac said applicants should be required to place funds into an escrow account to ensure that if a neighboring property owner can't sell their home due to the visibility of a neighboring tower then the applicant would purchase their property. She also noted that there were reports of goats in Taiwan dying as a result of insomnia caused by windmills at a nearby farm. Mr. Orlowski provided a list of suggested changes to the ordinance, including in part, no WECS within 1,000 feet of a historic district, requiring screening, requiring grounding, and more (see attached). Mr. Kosmac said something should be in writing addressing turbines before owners start installing them. He asked if there were any changes made to the ordinance since the June meeting. Ms. Wenger said that the requested changes could be included with the Commission's report but only Council could make changes to an ordinance. Mr. Kosmac suggested the fall zone should be increased so instead of 1 and 5 acres it should be 5 and 10 acres for small and medium turbines. Mr. Kessinger said it was unrealistic to think that the monopoles would fall down they are engineered to last, citing light poles and signs which have been in place for years. The acreage required to install a small or medium system is too restrictive. He asked if other states or associations were contacted to view their codes. Ms. Wenger said she researched other communities' codes to look for best practices. What has been written into the code is very compatible to codes in the region, perhaps more restrictive. Mr. Kessinger said a 55 decibel reading was the same as his voice as he spoke so the systems are not loud. He suggested adding wording for smaller, shorter, vertical axes in the ordinances so the city could stay ahead of technology which is changing constantly. Mr. Wirtz asked if there would be amendments to the legislation to address the concerns raised and do the citizens vote on its approval. Ms. Wenger reiterated the Commission's role in reviewing legislation. If Council approves the legislation all small and medium WECS applications are required to go before the Planning and Design 3