RENVILLE COUNTY, MINNESOTA

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Renville County Government Services Center 105 South 5th Street, Suite 313

Olivia MN PLANNING COMMISSION REGULAR MEETING MINUTES ● DECEMBER 2, 2019 Board Room 6:00 PM 1. Call to Order

Chair Robinson called the meeting to order.

Attendee Name Title Status Arrived

Jeff Kramer District 1 (2019 Vice-Chair) Absent Douglas R. Pomplun District 2 Present

Helen A. Ruebel District 3 Present

Allan Strunc District 4 Present

Steve A. Santjer District 5 Present

Neal Johnson At-Large Present

John A. Robinson At-Large (2019 Chair) Present Scott Refsland ES Director - Secretary Present David Torgelson County Attorney Present Julie A. Kohout ES Administrative Assistant II Present Stefanie Ryan ES Administrative Assistant Present

2. Approval of Agenda

Motion to Approve Agenda as Presented

RESULT: APPROVED [UNANIMOUS] MOVER: Allan Strunc, District 4

SECONDER: Helen A. Ruebel, District 3

AYES: Pomplun, Ruebel, Strunc, Santjer, Johnson, Robinson

ABSENT: Jeff Kramer

3. Approval of Minutes

Motion to Approve the Minutes of Regular Meeting of September 9, 2019

RESULT: APPROVED [UNANIMOUS] MOVER: Steve A. Santjer, District 5

SECONDER: Neal Johnson, At-Large

4. Approval of Findings of Fact - NONE

5. Appearance of Interested Citizens - NONE

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A. Kerria Solar, LLC (Krause, Gordon) - Conditional Use Permit (Solar Energy Conversion System). A request for a Conditional Use Permit in accordance with Chapter Two (Zoning Regulations), Part 1, Section 2.2.B.xxii, of the Renville County Land Use Ordinance to allow a solar energy conversion system located in an Agricultural District.

Director Refsland introduced the proposal.

Courtney Pelissero, Permitting Associate with Geronimo Energy, on behalf of Kerria Solar, LLC and the Krause family (landowners), was present to address the Planning Commission. Ms. Pelissero noted the project is proposed on a parcel where there is an existing solar facility. Ms. Pelissero explained the proposal. Commissioner Johnson asked if the gap on the map is where the tile is that Kerria Solar, LLC is staying away from. Ms. Pelissero stated yes. They are not proposing any structures on the County tile line.

Chair Robinson asked if that was the only tile line through there – that County line. Director Refsland stated there may be private we are unaware of, but one of the conditions is that they will check to make sure there is no other. The County tile information is what we have access to to know what is there for sure. Private we would not know without doing some investigation and talking with the

landowners. Ms. Pelissero stated it is their standard process to talk to landowners and try to identify if there is tile and to make sure it is avoided.

Ms. Pelissero provided the Planning Commission information and addressed questions found in the Conditional Use Permit Application, which is part of the record of this hearing.

Director Refsland asked if the Planning Commission had additional questions or comments.

Commissioner Santjer stated in the packet, it says Geronimo is a farm-friendly company; yet most of these solar conversion energy systems are on tillable

ground, so it is no longer going to be farmed. Also, in Paragraph 6B you say, “the conversion of vegetation from (not to) row crops to stable ground cover.” You are kind of throwing farmers under the bus by saying you will stabilize the ground and row crops are not stable. Commissioner Santjer is wondering how you can be farm-friendly by: (1) taking land out of production, and (2) saying you will make the ground more stable than what the farmer was before. Ms. Pelissero responded Geronimo Energy, to stand by being farm-friendly, was founded by a farmer. It is one of their main objections and goals when developing these projects. They do understand that farmland is required and that energy is also required, and they try to find a balance for that. Ms. Pelissero believes the intent of the vegetation statement was describing that often native grasses can have a positive impact on erosion control and vegetation stabilization. It was not supposed to be a critique of cropping. Commissioner Santjer thanked Ms. Pelissero for her explanation and

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shared he has some trouble that every solar energy conversation system he sees is on farmland. He never sees it anywhere else and that is sometimes a burr to him. No public comment was made.

Motion to Close Public Hearing

RESULT: CLOSED [UNANIMOUS] MOVER: Steve A. Santjer, District 5

SECONDER: Douglas R. Pomplun, District 2

Commissioner Ruebel commented to Director Refsland that his opening statement in the Staff Report states they are going to make application for a Conditional Use Permit in accordance with Chapter Two (Zoning Regulations), Part 1,

Section 2.2.B.xxii. In their application, they note Chapter 8 (Natural Resources). Director Refsland stated that is the Comprehensive Plan. It is the section of the Comprehensive Plan that shows the County is promoting and recognizes that this is a direction the County may want to look at going. Part 1, Section 2.2.B.xxii, comes out of Chapter Two (Zoning Regulations) of the Land Use Ordinance and says these are the allowable uses, conditional uses, and interim uses. This is allowed with a Conditional Use Permit.

Commissioner Strunc asked how this fits with the state law that says only one solar energy conversion system can be on a parcel. Director Refsland stated that a company cannot own more than one solar energy conversion system on the same parcel.

Commissioner Ruebel asked if a property owner can have more than one. Director Refsland explained that a property owner can have more than one. This particular situation will be two different solar companies.

Commissioner Santjer asked if they will maintain ownership or sell off to an investor. Please explain the process of how it goes from you to someone else. Ms. Pelissero stated their intent with this portfolio is to own and operate this project.

Commissioner Santjer asked if Kerria was a wholly owned subsidiary of Geronimo. Ms. Pelissero stated correct. Commissioner Santjer asked if Geronimo had other wholly owned subsidiaries that are also owning solar

conversion farms. Ms. Pelissero said yes. Each of their solar gardens has its own subsidiary. Previously in other portfolios, they did develop projects and then sell them to other companies. Now they have started recently owning and operating them. They have a whole operations wing of the company dedicated to

maintaining and operating these facilities.

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energy conversion system on this parcel. Ms. Pelissero stated Excel owns that solar garden. Ms. Pelissero stated they do own and operate a solar garden in Hector.

Commissioner Santjer asked for clarification on the last solar garden application. They were selling it off. Director Refsland stated that is correct.

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Kerria Solar, LLC (Krause, Gordon) - Conditional Use Permit (Solar Energy Conversion System). A request for a Conditional Use Permit in accordance with Chapter Two (Zoning Regulations), Part 1, Section 2.2.B.xxii, of the Renville County Land Use Ordinance to allow a solar energy conversion system located in an Agricultural District.

The Planning Commission discussed its Findings of Fact by addressing the following questions:

In determining whether the proposed use is in harmony with the general purposes and intent of the Ordinance and the Comprehensive Plan, the Planning Commission shall consider and make findings on the following questions:

1) Will the proposed use have an impact (adverse) on the health, safety, and general welfare of the residents in the surrounding neighborhood?

Yes _____ No X

Planning Commission Findings:

Chair Robinson stated no adverse effects.

Commissioner Santjer stated no. If all conditions and requirements are followed, there should be no adverse effects.

Commissioner Pomplun stated no. Commissioner Strunc stated no.

Commissioner Ruebel stated no. So far no negative effects have been found.

Commissioner Johnson stated no. This use should not have an adverse impact to the surrounding area.

2) Are there adequate public utilities, public services, parks, roads (including traffic and parking), and schools to support the proposed use of the

property?

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Commissioner Santjer stated yes. There are adequate services for the proposed use.

Commissioner Pomplun stated yes. Commissioner Strunc stated yes. Commissioner Ruebel stated yes.

Commissioner Johnson stated yes. No new public services are needed. Chair Robinson stated yes. No new services needed.

3) Will the proposed use have an effect (adverse) on property values or future development of land in the surrounding neighborhood? Yes _____ No X

Commissioner Pomplun stated no. No effect. Commissioner Strunc stated no. No adverse effects.

Commissioner Ruebel stated no. No adverse effects on value or development. Farming can continue in the area.

Commissioner Johnson stated no. This project will have no effect on the local property values.

Chair Robinson stated no adverse effects.

Commissioner Santjer stated no. Considering there is already a solar facility on an adjacent parcel, another one should have no adverse effect. 4) Is the proposed use of the property consistent with the goals and policies

adopted in the Comprehensive Plan? Yes X No _____

Commissioner Strunc stated yes. It is consistent with the goals and policies of the Comprehensive Plan.

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Commissioner Ruebel stated yes. As far as the plan reads now and if all permits are obtained.

Commissioner Johnson stated yes. This is consistent with Renville County goals and policies.

Chair Robinson stated yes.

Commissioner Santjer stated yes. As stated in the application. Commissioner Pomplun stated yes.

5) Does the proposed use meet the standards of the Zoning Ordinance and any applicable Minnesota rule, statute, or federal law including that the use is allowed with a Conditional Use Permit in the designated zoning district in which it is proposed?

Yes X No _____

Commissioner Ruebel stated yes. Chapter 8 (Natural Resources), Goal 1, Policy 4.

Commissioner Johnson stated yes. It is an acceptable, allowed use with a CUP.

Chair Robinson stated yes. It meets the Zoning Ordinances and the standards of the state.

Commissioner Santjer stated yes. Meets all applicable standards. Commissioner Pomplun stated yes. Already stated.

Commissioner Strunc stated yes.

6) Will the proposed use have an effect (adverse) on the environment including impacts on groundwater, surface water, and air quality? Yes _____ No X

Commissioner Johnson stated no. This project should not have any adverse effect on the local environment.

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Chair Robinson stated no adverse effects. They are avoiding the County tile, which is a good practice to get into.

Commissioner Santjer stated no. If proper vegetation cover is established and maintained, there should be no adverse environmental effects.

Commissioner Ruebel stated no. We still don’t know the effect the solar arrays will have when decommissioned.

7) Will the proposed use have an effect (adverse) on existing natural, historic, or scenic views or features in the surrounding neighborhood? Yes _____ No X

Chair Robinson stated no. There is a solar farm right next to it.

Commissioner Santjer stated yes. Any construction of this scope is bound to have an effect on views and features. The extent to which these effects are negative is the subject of debate.

Commissioner Ruebel stated yes. Farmland will take on an industrial look.

Commissioner Johnson stated no. This should not have an effect on the neighborhood as there is already similar projects in the area.

The Planning Commission reviewed the conditions recommended by staff in its Staff Report, which is part of the record of this hearing.

Chair Robinson asked if Kerria Solar, LLC was okay with the conditions. Ms. Pelissero stated yes.

Commissioner Pomplun asked about the $20,000.00 for clean-up (bond) condition. Does anybody know what it would cost to clean this up? Director Refsland said no. The amount used to be at $10,000.00, and we went to

$20,000.00 based on some studies that have been done in Minnesota. There was a committee put together by some solar companies and some county personnel.

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Unfortunately, there is a lot of unknown right now. There are numbers out there, and $20,000.00 seems to be the average number that other counties are using for the bond. Commissioner Pomplun shared that he knows the City of Fairfax just had to take down a building, and it cost more than $100,000.00 to take that down and reclaim the ground.

Director Refsland stated the unknown is what the salvage value is in 20-30 years. Commissioner Pomplun stated is it hazardous. Commissioner Ruebel commented will there will be anybody to take the materials when decommissioning. Director Refsland said this will continue to be a concern as these are constructed. What is the number? Realistically, he stated that he feels we will see this number go up. Commissioner Ruebel asked if the landowner is the one held responsible for the decommissioning. For example, if a solar company walks. Director Refsland said the conditions talk about the owner/operator, so it would start with the owner/operator of the solar garden and would depend on specific language in the contract. Ultimately, maybe the landowner could be responsible, but we would have to see what the language would be.

Commissioner Santjer asked if the Planning Commission raised that rate, could a company come in and say the last guy only had to put a bond of $20,000.00 down. Is there any recourse there, or would the Conditional Use Permit be set in stone? County Attorney Torgelson stated if you have some support for the higher number and studies were done, he feels it would be fine going into the future to require more. He doesn't think that a precedent would be set by setting a certain amount earlier. Commissioner Santjer commented that companies would just have to understand that that number can be a fluid number. County Attorney Torgelson agreed. Director Refsland noted we did change that number. It started at $10,000.00. When this study came out, $20,000.00 seemed to be that number. Director Refsland agrees it could be changed with backup and studies.

Commissioner Strunc asked if we received a list of materials used in this solar garden. Director Refsland stated that he gets the list of what the panels are made of. Commissioner Strunc would like to know what components are used in the panels (i.e., copper, plastic, etc.). Director Refsland stated Kerria Solar could answer better. Commissioner Strunc stated he is just trying to decide if this could be a hazardous waste problem in the future, as that is where the money seems to really add up. Tena Monson, Director of Solar Development at Geronimo Energy, stated the poles that go into the ground are steel. The racking is usually aluminum but depends on the panel manufacturer. There is a big difference between polycrystalline and thin film. The idea with these is that they continue to produce power well past the power purchase contract with Xcel, with the idea that there is a second market for residential systems or larger commercial systems. A lot of the panel manufacturers today are beginning recycling programs to try to address some of the questions that you have. In terms of whether the materials inside are hazardous, typically no. There is a lot of stuff in them, but nothing there such as mercury or other items that people generally think of as hazardous

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materials. They do contain silver, which is not necessarily hazardous. Kerria Solar will provide the list of materials, once they get the panels put together.

Commissioner Strunc asked in today’s world, could the solar panel and whatever other materials are involved be hauled to a regular landfill and be disposed of. Is there anything in there that would have to go to a hazardous waste site?

Ms. Monson stated she does not know Renville County's hazardous waste requirements, but typically they don't have anything in them. Director Refsland stated that would be a question to ask the landfill to see what they take under solid waste. Commissioner Santjer commented that considering you can't bury cement anymore as that is considered hazardous, he's sure they would find something in there that is hazardous.

Chair Robinson thanked Kerria Solar for explaining this to the Planning Commission as they do not have anything to do with power companies.

Commissioner Strunc stated he would like to have staff investigate if there is any chance that anything used in these solar gardens could be considered a hazardous waste at some point in the future. Director Refsland stated he would have

something for the Planning Commission at their next meeting.

Based on conclusions arrived at after review of the impact of the proposed use, a motion was made and seconded to recommend the granting of an Conditional Use Permit to Kerria Solar, LLC, Edina, Minnesota, to allow the construction of a one megawatt solar energy conversion system in the Agricultural District on a tract of land located in Lot C in the NW 1/4 of the SE 1/4 and Lot 2 in the NE 1/4 of the SE 1/4, Section 5, Emmet Township, Renville County, Minnesota, with the following 18 conditions:

1) The Conditional Use Permit shall allow a one megawatt community solar garden only.

2) The owner/operator shall provide proof of bodily injury, property damage, and public liability insurance in the amount of $1,000,000.00 for any occurrence.

3) Parking for employees shall be provided on the site and shall comply with the standards of the Renville County Land Use Ordinance.

4) A sign approved by the Zoning Administrator shall be erected and

maintained at the solar garden entrance listing current contact information for the solar garden. Signs shall comply with the standards of the Renville County Land Use Ordinance.

5) Fences shall comply with the standards of the Renville County Land Use Ordinance.

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6) The use shall comply with all federal and state rules, regulations, and statutes.

7) The owner/operator shall decommission the solar garden and all other accessory facilities and structures at the end of its serviceable life, at facility abandonment, or in the event of the revocation of the Conditional Use Permit or any other required federal, state, or County permit.

Decommissioning shall include removal of all equipment to a depth of four feet below grade, removal of all accessory buildings and related above-ground infrastructures, and restoration of the site to pre-existing vegetative cover within 180 calendar days of abandonment. The

owner/operator shall provide and maintain a bond, cash deposit, or other security in the amount of $20,000.00 to cover the cost of

decommissioning of the solar garden and reclamation of the site. The financial guarantee shall remain in place until one year after the solar garden is decommissioned.

8) The solar garden shall be considered abandoned if the use is discontinued (no energy production) for a period of 12 consecutive months or more unless a plan has been submitted and approved by the Zoning

Administrator outlining steps and a schedule for returning the solar garden to service.

9) Access to and from the site during construction or during

decommissioning shall be limited to the following project-specific haul route: U.S. Highway 212 then north on 240th Street. All vehicles hauling materials to and from the site shall not exceed legal gross weight

limitations.

10) The owner/operator shall be responsible for maintenance and restoration of all County/township roads and bridges leading to the site that may be damaged due to activities during construction or during decommissioning unless the owner/operator can prove that it was not the cause of the roadway damage. All maintenance and restoration of roads and bridges shall be done with the approval of the Road Authority and to the Road Authority’s satisfaction.

11) The use shall comply with all current and future standards and regulations of the Renville County Land Use Ordinance.

12) The storage and disposal of all hazardous waste shall comply with Renville County, state, and federal regulations.

13) The site shall be maintained in a safe and clean condition and free of noxious weeds.

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offer an onsite safety training to area emergency personnel after the site is constructed and operational.

15) The owner/operator of the solar garden shall follow all recommendations provided by the Wetland Conservation Act Technical Evaluation Panel. 16) The owner/operator shall locate all groundwater tile lines prior to

construction of the solar garden and shall be responsible for any damage of the groundwater tile lines occurring during construction and/or decommissioning. Proof of locating the groundwater tile lines shall be submitted to Renville County Environmental Services prior to

construction of the solar garden.

17) A Conditional Use Permit shall expire one year after the Board’s final decision to grant the permit if no construction has begun or if the use for which the Conditional Use Permit was granted has not been established. 18) A violation of the Renville County Land Use Ordinance or any condition

set forth in the Conditional Use Permit shall be a violation of both the permit and the Ordinance. Failure to correct a violation within 30 days of written notice from the Zoning Administrator shall be grounds to revoke the Conditional Use Permit.

RESULT: RECOMMENDED GRANTING [UNANIMOUS] MOVER: Helen A. Ruebel, District 3

SECONDER: Steve A. Santjer, District 5

7. Discussion

A. Chapter Two (Zoning Regulations) - Proposed Amendment (Solar Energy Conversion Systems - Solar Farms)

Director Refsland reviewed the proposed amendment of Chapter Two (Zoning Regulations). Proposed changes to Part 3, Section 2.26 (Solar Energy Conversion Systems – Solar Farms), pertain to performance standards (setbacks) and permit application requirements.

Commissioner Johnson asked if there was any language requiring setbacks from County tile. Director Refsland stated no, but there can be a condition added to the Conditional Use Permit. The Planning Commission had an in-depth discussion of setbacks from County tile and various options that could be put in place to protect them. The Planning Commission asked staff to have a conversation with the Renville County Public Works and Drainage Departments to determine the required setback from County tile. The Planning Commission also reviewed the proposed amendment of

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Chapter Two (Zoning Regulations) by adding Part 4 (General Provisions), which contains standard sections regarding fees, separability, and effective date.

Motion to Set Public Hearing Regarding Proposed Amendment of Chapter Two (Zoning Regulations) for Monday, January 13, 2020, at 6:00 p.m.

RESULT: CONTINUED [UNANIMOUS] Next: 1/13/2020 6:00 PM

MOVER: Steve A. Santjer, District 5

B. Chapter Four (Sewage and Wastewater Treatment Regulations) - Proposed Amendment

Director Refsland reviewed the proposed amendment of Chapter Four (Sewage and Wastewater Treatment Regulations). Minor changes include language cleanup and updates to coincide with Minnesota Rules

Chapter 7080. The biggest change is the escrow amount required to assure the installation of a complying subsurface sewage treatment system. Motion to Set Public Hearing Regarding Proposed Amendment of

Chapter Four (Sewage and Wastewater Treatment Regulations) for Monday, January 13, 2020, at 6:00 p.m.

RESULT: CONTINUED [UNANIMOUS] Next: 1/13/2020 6:00 PM

MOVER: Douglas R. Pomplun, District 2

SECONDER: Neal Johnson, At-Large

C. 2020 Meeting Schedule

Director Refsland reviewed the Planning Commission 2020 Meeting Schedule and noted there will be two meetings in August and none in September to coincide with the County Board meeting schedule and the Labor Day holiday.

Motion to Approve 2020 Meeting Schedule

RESULT: APPROVED [UNANIMOUS] MOVER: Steve A. Santjer, District 5

SECONDER: Douglas R. Pomplun, District 2

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Motion to Adjourn

RESULT: ADJOURNED [UNANIMOUS] MOVER: Douglas R. Pomplun, District 2