04-13-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o'clock p.m. (PUBLIC COMMENTS continuer) Nygard noted people are allowed to have antennas and satellite dishes attached to their homes but not turbines. Nygard stated the Council might be eliminating one of the best possible locations for a turbine and is not reasonable. In addition, the ordinance also states that the system shall not be used for displaying advertising nor for any other uses, including but limited to cell phone antennas, flags, ham radio antennas, etc. Nygard questioned how many other things in this community are as restricted as wind turbines. Nygard stated it makes no sense. Nygard stated a client of his purchased a wind turbine and installed it on his cell phone tower, which allowed him to remove his emergency gas generator. Nygard stated wind turbines are a renewable solution to fossil fuels. The ordinance also prohibits a wind turbine from being illuminated. Nygard stated the whole idea of a hybrid light pole is to produce illumination and the Council is eliminating a product that he can sell in the City. Nygard asked what health, safety or welfare has been documented showing they are protecting someone with this restriction. Nygard noted the ordinance also says that there cannot be any perceivable vibration at the property line. Nygard stated he hears his neighbor's lawnmower and that sound does not stop at the property line. In addition, he has neighbors' dogs that wake him up every morning at 6:30 and that he cannot get their bark to stop at the property line. Nygard stated there are a number of things that go on in the City that affect other people and that is what happens in communities. The ordinance also contains arbitrary denial language that says if the City Administrator chooses to, she can say no. Nygard stated he would like to know what engineering qualifications the City Administrator has in order to be the person designated to decide that. Nygard stated if all else fails, the City Administrator can just say no. Nygard stated the fact is that this proposed ordinance ignores the realities concerning the engineering of wind turbines and applies a very simplistic and overbearing approach and is, in effect, a de facto ban. Nygard stated the ordinance is unreasonable in many ways and restricts his ability to sell these turbines to support his family by not allowing him to even have one on his property or anyone else around him to have one. Nygard noted Council Member Dennis Walsh stated the regulations have to be reasonable enough that they allow the potential for someone to have one and not be in essence a de facto ban. Walsh also went on to state that it is a de facto ban if a person cannot meet any of the conditions. Nygard noted he is unable to meet five or six of the conditions. In addition, Council Member Walsh further stated that whatever the Council does, it has to be defendable in court. Nygard noted City Attorney Soren Mattick stated the more places the City allows them, the less likely it is for the ordinance to be struck down. Nygard again questioned why the City Council is only allowing them in five to seven percent of the community, especially if they are worried about legal issues. Nygard stated his favorite statement from the City Attorney is that there are some things that spin and the Council is okay with them. Nygard commented he is glad the Council has decided it is their job to decide what spinning things are good for the residents. Page 6 of 40