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7.5 SR 10-19-2020Request for Action To Item Number Mayor and City Council 7.5 Agenda Section Meeting Date Prepared by Public Hearings October 19, 2020 Chris Leeseberg, Senior Planner Item Description Reviewed by Ordinance Amendment: City of Elk River Zack Carlton, Planning Manager Regarding Signage on Wind Turbines Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, an ordinance amending City Code Section 30-804, wind turbines. Background/Discussion Case No. OA 20-06 The city is requesting an ordinance amendment to allow signage or advertising for the owner/operator of a wind turbine. In 2009, the city adopted an ordinance regulating wind turbines (Section 30-804) which includes language prohibiting signage or advertising of any kind on the tower or any associated structures. The intent was to prohibit wind turbines from becoming large signs and was commonly found in peer city wind turbine ordinance language. Staff believes signage for the owner/operator on the turbine will not negatively impact the aesthetics of the tower or surrounding areas and recommends removing the prohibition from Section 30-804. Planning Commission The commission discussed potential negative impacts that could occur with signage on the turbines but concluded that due to the limits on location of the signage, negative impacts are very limited. No one spoke for or against the request and the Planning Commission unanimously recommended approval. Financial Impact None Mission/Policy/Goal This ordinance amendment meets changing needs Attachments ■ Ordinance Document ■ Turbine Exhibit The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 of .ver Ordinance 20 - to be removed Underlines to be added An Ordinance Amending Chapter, 30-804, Wind turbines of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 30-804, Wind turbines of the City of Elk River Code of Ordinances shall be amended to read as follows: (h) General requirements. (1) Signage. Signage or advertising for the owner/operator may be placed on the nacelle. (2) Climbing apparatus. All climbing apparatus shall be located at least 12 feet above the ground, and the tower must be designed to prevent climbing within the first 12 feet. (3) Vind access easements. The enactment of this section does not constitute the granting of an easement by the city. The owner/operator shall be responsible for acquiring any covenants, easements, or similar documentation to assure sufficient wind to operate the wind turbine. (4) Abandoned tourers. If the wind turbine has not operated for a period of six successive months, or fails to meet the conditions of this section, the city council may order it dismantled and the site restored to its original condition. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 19th day of October, 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Last Updated January 2019 P a w E R E R R Y UREI City of Elk River Background ■ City is requesting an OA to allow signage for the owner/operator of a wind turbine. Sec. 30-804. - Wind turbines. (h) General requirements. 1) Si ng e:_ Signage or advertising for the owner/operator may be placed on the nacelle. _ ( C§mbing ap parallts. -,U climbing apparatus shall be located at least 12 feet above the ground, and the tower must be designed to prevent climbing within the first 12 feet. (3) Wind access easements. The enactment of this section does not constitute the granting of an easement by the city.. The oxvner/operator shall be responsible for acquumg any covenants, easements, or similar documentation to assure sufficient wind to operate the wind turbine. (4) Abandoned to revs If the wind turbine hos not operated for a period of six successive months, or fails to meet the conditions of this section, the city. council may order it dismanded and the site restored to its original condition. AI 1 FA • Planning Commission ■ No one spoke for or against the request and the PC unanimously recommended approval Action Requested ■ Adopt, by motion, an ordinance amending City Code Section 30-804, wind turbines