June 12, 2013 Planning Commission Minutes
1. CALL TO ORDER – Hoffman called the meeting to order at 7 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL - Mason, Kaczanowski, Erickson, Hoffman. Struck was excused.
4. ADOPT AGENDA – Erickson makes a motion and Mason seconds to adopt the agenda. All votes ayes, motion carries.
5. APPROVAL OF MINUTES
a. Planning Commission Meeting Minutes from April 10, 2013. Mason makes a motion and Erickson seconds to adopt the minutes. All votes ayes, motion carries.
6. CONSIDERATION/DISCUSSION ITEMS
a. NAC Memo Regarding Alternative Energy
b. Draft Ordinance: Alternative Energy System Regulations – Brixius said there were a few changes from the original. He said pertaining to geo-thermal, they will be prohibited from extending into public waters and the Shoreland setback will be 25 feet. He said the next change is under the wind energy systems section. Brixius said new technologies for boat lifts were incorporated. He said they will be on the docks and they will have to meet LMCD rules and regulations. He feels a three foot diameter maximum should be set. Kaczanowski asked if there is a twenty feet height regulation stated, won’t everyone go to 20 feet. Brixius said yes, they probably will go to the maximum allowable. He said he was figuring 16 feet up from the surface of the lake and added four feet. Kaczanowski said there are some large boat canopies that couldn’t even accommodate the 20 foot standard. He wonders if there could be something incorporated about “should keep it a reasonable height” and Brixius said their experience has been that “should” is ignored. Erickson wonders about the lake level and wonders if there is an average. Brixius said they would establish the lake level at a time if someone asks for it to be measured. Brixius said perhaps the language should read something like 20 feet above the ordinary high water mark established by the DNR.
Brixius said the next element comes under solar energy on page ten regarding boatlifts. He said he set the solar panel to not exceed four square feet and the same height requirement of 20 feet and will incorporate from the ordinary high water mark. He said it could be a free standing pole or incorporated into the canopy structure.
He said safety requirements have been maintained as originally suggested and these uses will be introduced into the individual zoning districts.
Brixius said he suggests to publish for the public hearing when there is another item on the agenda. Mason asked about proofing the ordinance for errors.
Tolsma said there was an Admin Committee meeting today and Council member Williamson brought up sun and wind rights pertaining to this. Tolsma said the concern is a purposeful blockage of alternative energy. Brixius said there might be some disclaimer that states this doesn’t prevent a neighbor from planting a tree to block wind and sun. Brixius felt the height was established to help with this but he would be willing to incorporate language addressing this. Brixius said he could put something in there saying this doesn’t encumber neighbors from improving their property. Hoffman is concerned about putting this in because it could be litigious wherein it might be better to leave it out. He said there should be an inference that there is no protection offered if the neighbor wants to do something with their property. Mason said he thought this would be a general ordinance and not necessarily detailed.
7. COMMUNICATIONS
a. Council Minutes May 20, 2013
b. Work Session Minutes May 28, 2013
c. Draft Council Minutes June 3, 2013
8. MISCELLANEOUS
a. 2013 Planning Commission Directory
• Mason wondered about the PC being invited to the opening of the Historical Museum and was told it was an open invitation.
• Tolsma said someone recently approached the city about an advertising trailer sitting in the parking lot at Sunset and Shoreline. Brixius said it might be worthwhile to invite Remax, the owner of the trailer, to the next PC meeting.
• Mason asked about leasing Norling’s carwash and wondered about a sign or a message board and that seems like a perfect place. Tolsma said the initial thought with the lease is short-term so it might not be the perfect placement for the sign. Tolsma said there is some discussion being held with the County at the boat launch for city and county joint messages.
• Hoffman reminded things to be brought up under miscellaneous should be added to the agenda at the beginning of the meeting in order to follow proper meeting protocol.
9. ADJOURNMENT - Mason made a motion and Erickson seconded to adjourn the meeting at 7:36 p.m. All votes ayes, motion carries.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL - Mason, Kaczanowski, Erickson, Hoffman. Struck was excused.
4. ADOPT AGENDA – Erickson makes a motion and Mason seconds to adopt the agenda. All votes ayes, motion carries.
5. APPROVAL OF MINUTES
a. Planning Commission Meeting Minutes from April 10, 2013. Mason makes a motion and Erickson seconds to adopt the minutes. All votes ayes, motion carries.
6. CONSIDERATION/DISCUSSION ITEMS
a. NAC Memo Regarding Alternative Energy
b. Draft Ordinance: Alternative Energy System Regulations – Brixius said there were a few changes from the original. He said pertaining to geo-thermal, they will be prohibited from extending into public waters and the Shoreland setback will be 25 feet. He said the next change is under the wind energy systems section. Brixius said new technologies for boat lifts were incorporated. He said they will be on the docks and they will have to meet LMCD rules and regulations. He feels a three foot diameter maximum should be set. Kaczanowski asked if there is a twenty feet height regulation stated, won’t everyone go to 20 feet. Brixius said yes, they probably will go to the maximum allowable. He said he was figuring 16 feet up from the surface of the lake and added four feet. Kaczanowski said there are some large boat canopies that couldn’t even accommodate the 20 foot standard. He wonders if there could be something incorporated about “should keep it a reasonable height” and Brixius said their experience has been that “should” is ignored. Erickson wonders about the lake level and wonders if there is an average. Brixius said they would establish the lake level at a time if someone asks for it to be measured. Brixius said perhaps the language should read something like 20 feet above the ordinary high water mark established by the DNR.
Brixius said the next element comes under solar energy on page ten regarding boatlifts. He said he set the solar panel to not exceed four square feet and the same height requirement of 20 feet and will incorporate from the ordinary high water mark. He said it could be a free standing pole or incorporated into the canopy structure.
He said safety requirements have been maintained as originally suggested and these uses will be introduced into the individual zoning districts.
Brixius said he suggests to publish for the public hearing when there is another item on the agenda. Mason asked about proofing the ordinance for errors.
Tolsma said there was an Admin Committee meeting today and Council member Williamson brought up sun and wind rights pertaining to this. Tolsma said the concern is a purposeful blockage of alternative energy. Brixius said there might be some disclaimer that states this doesn’t prevent a neighbor from planting a tree to block wind and sun. Brixius felt the height was established to help with this but he would be willing to incorporate language addressing this. Brixius said he could put something in there saying this doesn’t encumber neighbors from improving their property. Hoffman is concerned about putting this in because it could be litigious wherein it might be better to leave it out. He said there should be an inference that there is no protection offered if the neighbor wants to do something with their property. Mason said he thought this would be a general ordinance and not necessarily detailed.
7. COMMUNICATIONS
a. Council Minutes May 20, 2013
b. Work Session Minutes May 28, 2013
c. Draft Council Minutes June 3, 2013
8. MISCELLANEOUS
a. 2013 Planning Commission Directory
• Mason wondered about the PC being invited to the opening of the Historical Museum and was told it was an open invitation.
• Tolsma said someone recently approached the city about an advertising trailer sitting in the parking lot at Sunset and Shoreline. Brixius said it might be worthwhile to invite Remax, the owner of the trailer, to the next PC meeting.
• Mason asked about leasing Norling’s carwash and wondered about a sign or a message board and that seems like a perfect place. Tolsma said the initial thought with the lease is short-term so it might not be the perfect placement for the sign. Tolsma said there is some discussion being held with the County at the boat launch for city and county joint messages.
• Hoffman reminded things to be brought up under miscellaneous should be added to the agenda at the beginning of the meeting in order to follow proper meeting protocol.
9. ADJOURNMENT - Mason made a motion and Erickson seconded to adjourn the meeting at 7:36 p.m. All votes ayes, motion carries.