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.
Bill Breimeier moved and Jayar Kindsvogel seconded the motion to approve the agenda.
Jayar Kindsvogel moved and Linda Nelson seconded the motion to approve the January 25 and February 13 meeting minutes.
Corey Hintz addressed a conflict of interest: He is an employee of Minnkota and also has land under contract for deed that may fall into the Summit Carbon Solutions underground plume area.
Jody Reinke addressed a conflict of interest: Her husband has land that potentially part of Minnkota/Project Tundra, but she does not have anything to do with that.
Lonnie Henke addressed a conflict of interest: He owns land that the VB BTS Cell Tower is being built on. He also has a lease option with Summit Carbon Solutions.
Bill Breimeier addressed a conflict of interest: He is under contract with Summit Carbon Solutions for the pipeline as well as the terminus point. He also has an option for pore space with Summit Carbon Solutions.
Jayar Kindsvogel addressed a conflict of interest: He owns Center Machine and may benefit to profit from all agenda items being considered.
Corey Hintz moved and Jody Reinke seconded the motion to allow Jayar Kindsvogel to discuss and vote on the agenda items. A roll call vote was held with all members voting to allow Jayar to participate.
Lonnie Henke moved and Jayar Kindsvogel seconded the motion to allow Bill Breimeier to discuss and vote on the agenda items. A roll call vote was held with all members voting to allow Bill to participate.
Jody Reinke moved and Jayar Kindsvogel seconded the motion to allow Lonnie Henke to discuss and vote on the agenda items. A roll call vote was held with all members voting to allow Lonnie to participate.
Jody Reinke moved and Bill Breimeier seconded the motion to allow Corey Hintz to discuss and vote on the agenda items. A roll call vote was held with all members voting to allow Corey to participate.
Randy Schmidt moved and Lonnie Henke seconded the motion to allow Jody Reinke to discuss and vote on the agenda items. Discussion was held and it was requested that Jody disclose who she is employed by. Jody is the assistant to Doug Goehring, ND Agriculture Commissioner and member of the ND Industrial Commission. A roll call vote was held with all members voting to allow Jody to participate.
Building Permit #1039 for VB BTS II to construct a cell phone tower on 1-142-86 was discussed. Bill Breimeier moved and Linda Nelson seconded the motion to approve Building Permit #1039. A roll call vote was held with all members voting to approve the permit.
The CO2 Ordinance Amendment Hearing was opened.
Jody Reinke moved to reject the amendment in its entirety for the reasons stated: She did not like the ordinance and the state already has requirements for CO2 facilities. Bill Breimeier seconded the motion.
Discussion was held.
Lonnie Henke discussed issues he had regarding setbacks and wondered if we can meet industry standards with what was put in the ordinance.
Patrick Waters, State’s Attorney, stated that the state does have preemption in regards to setbacks for the pipeline.
Dave Berger, Oliver County resident, stated that Oliver, Morton and Emmons County citizens are working on changing the setbacks and taking it to the legislature in the next session.
Kurt Swenson, Oliver County resident, addressed the location of wells. He was wondering if the location violates any of the proposed setbacks. A map was shown of the proposed well sites. He believes setbacks should be determined by a third party. He stated that the law requires that the applicant prove that the well location doesn’t endanger human health or the environment.
Bill Breimeier provided maps to the bord that were given to him by Summit Carbon Solutions, showing lines in Texas that transport CO2 near residences.
Kurt Swenson also discussed peer reviewed studies on risk points and stated that the higher risk points are at the injection sites and not the pipelines. Kurt also stated that if a lawsuit were to come against the county, the State Insurance Reserve Fund should bear the cost of the lawsuit.
The question was also asked what the difference is between having an ordinance for a wind facility versus a CO2 facility. The state wording says the county is allowed separate regulations for wind, but not for CO2, as statute is currently written.
Lonnie Henke also questioned safety regulations. Kurt Swenson noted that the state doesn’t address residence safety, but only worker safety.
A roll call vote was held on the motion by Jody Reinke moved to reject the amendment in its entirety for the reasons stated: She did not like the ordinance and the state already has requirements for CO2 facilities. Bill Breimeier seconded the motion.
Jayar Kindsvogel: Aye
Linda Nelson: Nay
Randy Schmidt: Nay
Jody Reinke: Aye
Lonnie Henke: Aye
Bil Breimeier: Aye
The amendment was rejected.
Minnkota/Project Tundra submitted a Use Determination Request for the Capture Facility at Minnkota for Project Tundra. Mollie Smith presented to the board.
Discussion was held.
Mac Mclennen, CEO of Minnkota, stated Minnkota would like some clarity on allowing the facility in the county.
Jody Reinke moved and Bill Breimeier seconded the motion to approve the Use Determination Request as a permitted use under Section 9.1 #8 and #14. A roll call vote was held:
Jayar Kindsvogel: Aye
Linda Nelson: Aye
Randy Schmidt: Nay
Jody Reinke: Aye
Lonnie Henke: Aye
Bill Breimeier: Aye.
The Use Determination Request was approved.
The meeting was adjourned at 8:25 pm.
The next meeting for the Oliver County Planning & Zoning Board will be March 28 at 7:00 pm in the Oliver County Courthouse Meeting Room.
____________________________________ ___________________________________
Jaden Schmidt, Secretary Chairman of the Board