August 28, 2025
OLIVER COUNTY PLANNING & ZONING Commission was called to order at 7:00 pm.
The Pledge of Allegiance was recited.
Roll Call was held. Members present were Cassie Smith, Bill Breimeier, Jody Reinke, Matt Wilkins, Troy Hatzenbihler and Gary Price. Others present were Jaden Schmidt, Secretary/P&Z, Patty Koapke.
Jody Reinke moved and Cassie Smith seconded the motion to approve the agenda. All in favor, none opposed; motion carried.
Cassie Smith moved and Bill Breimeier seconded the motion to approve the minutes of the July 31st meeting. All in favor, none opposed; motion carried.
Building Permit #1071 was presented for Dorthy Duhr for a garage within section 20 of Township 143, Range 82. Jody Reinke moved and Gary Price seconded the motion to approve Building Permit #1071. A roll call vote was held: Bill Breiemeier-Aye, Cassie Smith-Aye, Jody Reinke-Aye, Gary Price-Aye, Troy Hatzenbihler-Aye. Building Permit #1071 was approved.
Building Permit #1072 was presented for Gene Weil & Nickolette Orgaard for a shed within the NW ¼ of section 7 in Township 141, Range 81. Bill Breimeier moved and Troy Hatzenbihler seconded the motion to approve Building Permit #1072. A roll call vote was held: Bill Breiemeier-Aye, Cassie Smith-Aye, Jody Reinke-Aye, Gary Price-Aye, Troy Hatzenbihler-Aye. Building Permit #1072 was approved.
Building Permit #1073 was presented for Lacey Maier for a house within the NW ¼ of Section 20, Township 141, Range 85. Bill Breimeier moved and Cassie Smith seconded the motion to approve Building Permit #1073. A roll call vote was held: Bill Breiemeier-Aye, Cassie Smith-Aye, Jody Reinke-Aye, Gary Price-Aye, Troy Hatzenbihler-Aye. Building Permit #1073 was approved.
The Ordinance Hearing for 2025-01 Wind Energy Facilities was opened and public comment taken. Matt Wilkins, Chair, discussed inclusion of avoidance zones in the ordinance. Casey Fuhry, Crowley-Fleck, stated that the PSC has rules for avoidance zones at the state level. Tara Dukart, landowner, raised concerns about impacts on livestock and the distance of the notification requirement. Dave Berger, Commissioner, discussed non-participating landowner protections. Patty Koapke, P&Z and Tax Equalization, stated the best solution for dust control is within the RUA. Arlo Bakker, landowner, expressed concerns about setbacks and property values. Heidi Bakker, landowner, expressed concerns on the lack of notification requirements. Austin Collins, ENEL, expressed thanks for the board’s work on the ordinances. Sarah Montone, NextEra, expressed thanks for the board’s work on the ordinances.
The ordinance had it’s first reading.
Jody Reinke moved and Bill Breimeier seconded the motion to recommended approval and adoption of 2025-01 Wind Energy Facilities Ordinance amendment. A roll call vote was held; Gary Price-Aye, Cassie Smith-Aye, Bill Breimeier-Aye, Troy Hatzenbihler-Aye, Jody Reinke-Aye. Ordinance 2025-01 Wind Energy Facilities was approved for recommendation to adopt to the County Commission.
The Ordinance Hearing for 2025-02 Battery Energy Storage Systems ordinance was opened. Public comment was heard. Tara Dukart, resident stated appreciation of the board’s work on the ordinances but expressed concerns about those living through the construction and project issues. Arlo Bakker, resident, expressed the same statements as Tara Dukart. Public comment was closed.
The first reading was held.
Jody Reinke moved and Troy Hatzenbihler seconded the motion to recommend approval and adoption of 2025-02 Battery Energy Storage Systems ordinance with the removal of the terminology of the wind towers reference. A roll call vote was held; Gary Price-Aye, Cassie Smith-Aye, Bill Breimeier-Aye, Troy Hatzenbihler-Aye, Jody Reinke-Aye. Ordinance 2025-02 Battery Energy Storage Systems was approved for recommendation to adopt to the County Commission.
Discussion was held on Solar Energy Facilities ordinances.
Discussion was held on Data Centers and Cryptocurrency Mining Facilities.
Discussion was held on scheduling a hearing for the Enforcement portion of the ordinance. The Amendment will be presented for hearing at the September 25th meeting.
Discussion was held on scheduling a work session for the Solar and Data Center ordinances. No action was taken.
The meeting was adjourned at 9:00 pm.
The next meeting for the Oliver County Planning & Zoning Board will be September 25th, 2025 at 7:00 pm in the Oliver County Courthouse Meeting Room.
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Jaden Schmidt, Secretary Chairman of the Board