January 25, 2024
OLIVER COUNTY PLANNING & ZONING Commission was called to order at 7:01 pm. Members present were Randy Schmidt, Lonnie Henke, Jayar Kindsvogel, Corey Hintz, Jody Reinke, Bill Breimeier, Linda Nelson, Jaden Schmidt (Secretary) and Patty Koapke.
The Pledge of Allegiance was recited.
Lonnie Henke moved and Randy Schmidt seconded the motion to approve the agenda. There were 6 ayes and 1 nay. The motion was approved.
The minutes from December 21st, January 11th and January 18th were presented for review. Jayar Kindsvogel moved and Randy Schmidt seconded the motion to approve the minutes of the December 21st, January 11th and January 18th meeting. All in favor, none opposed; motion carried.
The meeting was moved into executive session.
The meeting was called back into session at 7:50 pm.
Corey Hintz made note that he may have a conflict of interest as he is employed with Minnkota and has land under contract for deed that may fall into CO2 sequestration zones. Lonnie Henke moved and Jody Reinke seconded the motion to allow Corey Hintz to discuss and vote on matters that could have a potential conflict. A roll call vote was held: Randy Schmidt-Aye, Lonnie Henke-Aye, Jayar Kindsvogel-Aye, Jody Reinke-Aye, Bill Breimeier-Aye, Linda Nelson-Aye. The motion carried.
Bill Breimeier made note that he may have a conflict of interest as he is a landowner with a signed contract with SCS for a pipeline and sequestration site. Lonnie Henke moved and Jody Reinke seconded the motion to allow Bill Breimeier to discuss and vote on matters that may have a potential conflict. A roll call vote was held: Randy Schmidt-Aye, Lonnie Henke-Aye, Jayar Kindsvogel-Aye, Jody Reinke-Aye, Corey Hintz-Aye, Linda Nelson-Aye. The motion carried.
Jody Reinke made note that she may have a conflict of interest as her husband owns land that falls within a potential CO2 underground pore space, but she does not have a personal stake in that land. Jayar Kindsvogel moved and Randy Schmidt seconded the motion to allow Jody Reinke to discuss and vote on matters that could have a potential conflict. A roll call vote was held: Randy Schmidt-Aye, Lonnie Henke-Aye, Jayar Kindsvogel-Aye, Corey Hintz-Aye, Bill Breimeier-Aye, Linda Nelson-Aye. The motion carried.
Lonnie Henke made note that he may have a conflict of interest as he has a signed contract with SCS for pipeline and a sequestration site. Jody Reinke moved and Jayar Kindsvogel seconded the motion to allow Lonnie Henke to discuss and vote on matters that could have a potential conflict. A roll call vote was held: Randy Schmidt-Aye, Corey Hintz-Aye, Jayar Kindsvogel-Aye, Jody Reinke-Aye, Bill Breimeier-Aye, Linda Nelson-Aye. The motion carried.
Jayar Kindsvogel made note that he may have a conflict of interest as he is the owner of Center Machine and does business with Minnkota and may gain business from any future projects that come to Oliver County. Lonnie Henke moved and Bill Breimeier seconded the motion to allow Jayar to discuss and vote on matters that could have a potential conflict. A roll call vote was held: Randy Schmidt-Aye, Lonnie Henke-Aye, Corey Hintz-Aye, Jody Reinke-Aye, Bill Breimeier-Aye, Linda Nelson-Aye. The motion carried.
Corey Hintz moved and Randy Schmidt seconded the motion to open the floor to public comment for the Carbon Sequestration Amendment.
Bill Tveit, Representative for District 33, asked some questions of terminology in the draft amendment.
Jason Bohrer, Lignite Energy Council, stated opposition to the amendment, as he fears it would set back the work the industry has put into this industry. He also submitted written testimony for the record.
Chris Renner, Beulah Resident and Minnkota Employee, gave comments in support of Project Tundra and CO2 Sequestration.
Alan Maize, son of landowners in Oliver County, stated support of the amendment.
Shannon Mikula, Grand Forks/Minnkota, spoke on Project Tundra. She provided written statement for the record.
Craig Miller, Emmons County, asked why CO2 could not be used for other uses and not sequestration.
Lanny Kenner, Burleigh County, stated opposition to CO2 sequestration.
Kurt Swenson, Oliver County landowner, stated support of the amendment as well as support for Minnkota. He requests that the concerns of residents are addressed and wants the board and the industries to work together to come to an agreement that works for everyone.
Robert Bohrer, Oliver County resident, raised concerns about the varying size of the pipelines and lengths.
Kevin Frederick, Burleigh County, stated that insurance companies are beginning to not give landowners liability insurance if a pipeline or well is located on their property. He also provided information in a packet for the board.
Marv Abraham, rural Burleigh County, provided a packet to the board.
Jayar moved and Jody Reinke seconded the motion to close the floor to public comment.
Lonnie Henke moved and Jayar Kindsvogel seconded the motion to table the ordinance amendment to a later date. All in favor, none opposed; motion carried.
Bill Breimeier moved and Randy Schmidt seconded the motion to open the floor for public comment on the Use Determination Request from Minnkota Power/Project Tundra. Lonnie Henke moved and Jody Reinke seconded the motion to remove the previous motion. All in favor, none opposed; motion carried.
Minnkota Power was asked to present and clarify what their request was pertaining to. Molly Smith, Frederickson & Byron, speaking for Minnkota, explained that the request was for the CO2 capture system, not the sequestration system. They are asking the board to determine that the capture system is part of the permitted uses under Section 9 of the County Ordinance. They believe it would fall under #8 for manufacturing facility, or #14 as another permitted use. Shannon Mikula, Minnkota, also presented some information regarding the request.
Jody Reinke moved and Linda Nelson seconded the motion to table the Use Determination Request for Minnkota Power.
The meeting adjourned at 9:00 pm.
The next meeting for the Oliver County Planning & Zoning Board will be February 22, 2024 at 7:00 pm in the Oliver County Courthouse Meeting Room.
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Jaden Schmidt, Secretary Chairman of the Board