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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 5 of 40 (PUBLIC COMMENTS continued) Nygard noted the word there is unreasonable with no specific limits and that significant shadow flicker is defined as more than 30 hours per year. Nygard stated the City Council is not accepting anything anywhere that would allow even a shadow to fall on a blade of grass on the neighbor’s property and that the City Council is not interested in following these international standards. Nygard stated the United Kingdom also did a wind turbine shadow flicker study, which found there have not been extensive issues with shadow flicker in the U.K. The study also found that flicker caused by the wind turbine rotation is such that it should not cause a significant health risk. Nygard questioned what the Council could be basing the requirement for a shadow flicker report on if the turbines are not affecting the health, safety or welfare of anybody. The ordinance also requires ten acres residential and five acres commercial, which is only a small part of the community. Nygard noted once you start looking at the restrictions, only four to five percent of the properties in Orono might quality. Out of 50 lots looked at by Mr. Gaffron, only five or six could meet the standards. Nygard stated Mr. Cornick stated he likes the ten acres because it simplifies things. Nygard stated he is wondering whether that is how rights are apportioned out in Orono. Nygard reiterated only three commercial lots would qualify for wind generation. Nygard stated a friend of his, Brad Erickson, who owns 2.5 acres, is not going to be able to install a bunch of these wind turbine light poles that he would like to install. In addition, the exclusion of the Shoreland Overlay District eliminates over half to 60 to 70 percent of Orono. Nygard noted the wind is better near the lakes and that proper sighting does not have to be 80 feet tall. Nygard stated sighting can be proper and still be successful. Nygard questioned what would happen if all cities and counties took this approach given the number of lakes and wetlands that exist in Minnesota. Nygard also questioned where they would be if everybody decided a person cannot have any by any lakes or swamps. Nygard stated those standards would not help push forward the legislation passed by the Minnesota Legislature regarding renewable energy and fossil fuels. Nygard stated the ordinance also includes a 100-foot setback, which is arbitrary and not based on anything. The setback also eliminates the majority of the properties in the City. Nygard noted there are many items throughout the City that are located closer to the property lines than they are tall, such as basketball hoops, light poles and fences. Nygard questioned why they are legal next to a property line and a turbine is not going to be. Nygard stated there is such a thing called the destructive wind speed requirement and that all cities have them. In Florida it is up to 170 miles in some spots and in Minnesota it is 90 miles per hour. Nygard stated the reason for that requirement is to help ensure that structures are built to withstand those speeds and are not going to go flying onto somebody else’s property. Nygard indicated he is looking for a solution instead of trying to restrict. Nygard stated the City Council should be looking for solutions rather than trying to restrict. The ordinance only allows one turbine per property and prohibits roof or wall mounted turbines because the Council felt it was a bad idea. Nygard stated in his view that is not a good way to regulate things. City Council Meeting April 27, 2015 Page 7 of 257