OLIVER COUNTY PLANNING & ZONING Commission was called to order at 7:05 pm by temporary chair Jaden Schmidt, due to the resignation of board member and Chair Corey Hintz at 4:45 pm, July 25th, 2024.
The Pledge of Allegiance was recited.
Roll Call was held. Members present were Jody Reinke, Bill Breimeier, Adam Vaugh, Linda Nelson, Randy Schmidt. Lonnie Henke was absent and there was one vacant position. Others present were Jaden Schmidt, Secretary/P&Z, Patty Koapke, P&Z and Patrick Waters, State’s Attorney.
Jaden Schmidt called for nominations for temporary chair to run the meeting.
Jody Reinke nominated Linda Nelson for chair. Linda Nelson declined the nomination.
Bill Breimeier nominated Jody Reinke for chair. Jody Reinke declined the nomination.
Patrick Waters, State’s Attorney, requested for approval to allow him to act as temporary chair for this meeting. Linda Nelson moved and Bill Breimeier seconded the motion approve Patrick Waters as temporary chair. All in favor, none opposed; motion carried.
Linda Nelson moved and Bill Breimeier seconded to approve the agenda. All in favor, none opposed; motion carried.
Bill Breimeier moved and Linda Nelson seconded the motion to approve the June 27th, 2024 minutes. All in favor, none opposed; motion carried.
Conflict of Interests were discussed.
Bill Breimeier stated he has 3 separate contracts with Summit Carbon Solutions.
Jody Reinke stated that her husband is a part of Project Tundra and that she is the assistant to Doug Goehring, Agricultural Commissioner, who is also a member of the North Dakota Industrial Commission.
Linda Nelson moved and Randy Schmidt seconded the motion to allow Bill Breimeier and Jody Reinke to discuss the agenda items. A roll call vote was held; Linda Nelson-Aye, Randy Schmidt-Aye, Adam Vaughn-Aye, Jody Reinke-Aye, Bill Breiemeier-Aye. The motion carried.
Linda Nelson moved and Randy Schmidt seconded the motion to allow Bill Breimeier and Jody Reinke to vote on agenda items. A roll call vote was held; Linda Nelson-Aye, Randy Schmidt-Aye, Adam Vaughn-Aye, Jody Reinke-Aye, Bill Breimeier-Aye. The motion carried.
Building Permit #1040 was discussed. Blattner Energy is seeking a permit for three MET Towers in the NextEra/Oliver IV wind project site. Linda moved and Randy Schmidt seconded the motion to approve Building Permit #1040. All in favor, none opposed; motion carried.
The Ordinance Amendment Hearing was opened for the amendment submitted by Cassie Smith regarding CO2 sequestration.
The public comment period was opened.
A question was asked why the ordinance was brought back to the P&Z Board. Patrick Waters explained that due to lack of a quorum of votes at the previous P&Z meeting, the County Commissioners could not properly discuss or vote on the ordinance and moved to send it back to P&Z for proper vote.
Carlee McLeod, Minnkota, presented and read a letter from President & CEO of Minnkota, Mac McLennan, opposing the amendment due to the detrimental impact it is believed to have on Project Tundra. The letter is attached to these minutes.
Alan Maize, stated that his parents own land and live in Oliver County. He is requesting the board pass the amendment to provide protection to residents and landowners near proposed CO2 projects.
Patty Koapke, city resident, stated that the ordinance has been discussed for at least 19 meetings and worked on extremely hard. It is for the safety and protection of the people. She also stated that as an EMS working, she would like to see an emergency plan. She asked if the companies are transparent, as it doesn’t seem this way. Koapke also stated that the ordinance is a guide to make sure the county is safe.
Kurt Swenson, Oliver County resident, stated that the citizens value Minnkota and the benefit of the company to Oliver County. His family has lived in Oliver County long before Minnkota was in existence. Swenson stated that he would appreciate CO2 companies would recognize that citizens have more rights to dictate quality of life in the county. Swenson said that comments from Minnkota employees are to throw out the entire ordinance rather than suggest changes to it that are amenable to them.
He also addressed questions of what the state does or doesn’t regulate in regards to CO2. Swenson stated that what is in the proposed amendment is not regulated by the state. Oliver County is a home rule county so the county is able to make these rules. He stated that citizens should always come first, as project developments affect those that live in the county, not the companies that aren’t based here. He requests passage of the ordinance amendment.
Mikael Schmidt, Oliver County resident, asked what are we doing for the future of the county? He has seen firsthand the negatives affects that companies have on the land. He also stated that industries have a shelf life. “We need to take care of our citizens/ourselves, roads and surroundings. Why is bad to protect ourselves?”
Linda Nelson asked what happens if the state loses primacy. Carlee McLeod stated that the federal government/EPA will take control of the regulation and the county would have less control than they do now.
Jody Reinke asked if the county has jurisdiction to make this ordinance.
Linda Nelson stated that nothing is more restrictive than what the state has and that it is asking to protect the citizens.
Kurt Swenson spoke up, stating that the role of the chair is to not restrict first amendment rights.
Patrick Waters stated that the role of the chair is to regulate the meeting to agenda items, particularly in this discussion on the CO2 amendment.
Dave Berger, Oliver County resident, asked what part of the ordinance would affect Minnkota or other CO2 projects. Carlee McLeod stated that all parts minus the Road Use Agreement would jeopardize the state primacy.
Jackie Schmidt addressed concerns about land prices as well as contamination of well water due to CO2 projects.
Craig Bleth, Vice President of Project Development from Minnkota/Project Tundra, addressed that the permanent storage formation is 5000 feet to 9000 feet underground and that studies have found it to be suitable due to sufficient areas to sequester CO2.
Alan Maize stated that projects are largely unknown for sequestration. The EPA approved less than five wells a year ago and now that number has grown rapidly, which is concerning, as there are little regulations or safety concerns known or addressed.
Linda Nelson moved and Randy Schmidt seconded the motion to approve the ordinance amendment as written. A roll call vote was held. Linda Nelson-Aye, Randy Schmidt-Aye, Adam Vaughn-Aye, Jody Reinke-Nay, Bill Breimeier-Abstained. The motion carried.
Jaden Schmidt read the ordinance for the official first reading.
Discussion was held on a potential solar ordinance. Lee Husfloen, County Commission chair, requested the board look into options as well as consider wording for a moratorium.
Jaden Schmidt and Patty Koapke provided the board with a copy of the Oliver County Comprehensive plan. Discussion was that this should be looked at and potentially revised.
Jaden Schmidt and Patrick Waters addressed the recent FOIA request. Patrick stated that a response is required, so if any board member has records, they should provide them to Jaden as soon as possible.
Linda Nelson stated she has provided her information. Bill Breimeier asked if his contracts are included the records that are required, otherwise, he stated that he doesn’t have anything, but does speak with Summit regularly. Patrick stated that records must be provided within a reasonable amount of time.
The meeting adjourned.
The next meeting for the Oliver County Planning & Zoning Board will be August 22nd at 7:00 pm in the Oliver County Courthouse Meeting Room.
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Jaden Schmidt, Secretary Chairman of the Board