04-27-2015 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 9 of 40 (5. #14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) – FINAL REVIEW – ORDINANCE NO. 142 continued) Levang stated to see a structure 45 feet in the air would be very obvious to anyone driving down the street or in their neighborhood and that the Council is very careful about the unintended consequences of these structures. Levang stated the shadow flicker issue is a difficult issue since it is not so easy to measure or obtain a report, and that she would want to keep that requirement but perhaps change the language to make it easier to obtain. Levang indicated she feels comfortable with the ordinance that they have and that the Council has not knee-jerked on this ordinance but has been very thoughtful and careful with the ordinance. Council Member Cornick stated in regards to the shadow flicker report, he is in agreement with the Mayor and that it might be something that cannot be measured accurately. Cornick stated after studying this issue for quite a while, he had an afterthought after reading the maintenance portion. Cornick asked if it would be wise to include the requirement for an annual or biannual inspection to ensure compliance. Cornick noted the City inspects kennels and septic systems, and that in his view this might be something that would need to be inspected. Gaffron stated under the existing language, SWECS shall be maintained under agreement or contract with the manufacturer or other qualified entity. Gaffron stated the question is what kind of things would Staff be expected to inspect. Gaffron indicated he is not sure if Staff is qualified to perform that inspection. Cornick asked if it is something that could be subcontracted by the City. Gaffron stated that is possible and that it probably would be easier than finding someone to do a shadow flicker report. Cornick stated his concern is with someone that has a turbine up for five years and it goes through a tornado or a wind storm and it is damaged. Cornick asked how the City would become aware of a situation like that. Cornick stated the owner could leave it in a damaged condition and it will eventually become a rusty hulk. Cornick stated in his view it cries out for some sort of inspection, whether it is annual or biannual. Gaffron stated he does not have any specific thoughts on that but that Staff could look at what it would cost to perform that annual inspection. McMillan stated on commercial properties it will likely be a liability issue since there likely will be people walking around and that the business owner would want to ensure those customers are safe. Gaffron stated another option that is required for certain types of septic systems is that the homeowner has a contract for maintenance and that they are required to report to the City on a regular basis. Gaffron stated if the intent is to have an inspection by a qualified person, the City could require that the report be turned in on a regular basis, which would provide information on the status of the wind turbine. Cornick stated he would prefer to stick with an already current type of process rather than going through a special process. Cornick stated he likes the option suggested by Mr. Gaffron. City Council Meeting April 27, 2015 Page 11 of 257