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Mount Vernon council approves conditional use for Harper Creek community solar over neighbor objections
Summary
On Nov. 18 the Mount Vernon City Council approved Ordinance #2024-40, granting conditional use for a commercial community solar facility proposed by Harper Creek Solar, LLC (Cultivate Power) on Veteran’s Memorial Drive amid resident concerns about drainage, fire risk and application discrepancies; vote was 4–1.
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The Mount Vernon City Council on Monday approved Ordinance #2024-40, granting conditional use for a commercial community solar facility proposed by Harper Creek Solar, LLC, a project by Cultivate Power. The measure passed 4–1, with Council Member Mike Young voting against the ordinance.
The project developer, Bernardo Urdaneta of Cultivate Power, told the council the company had worked with property owners and city staff, sent letters to neighbors, and coordinated with the fire department about safety plans. He described the proposal as a community solar facility that will feed power into the local distribution grid and said subscribers can expect about a 10% discount on power bills with "no subscription fees and no exit fees," according to his presentation.
Opponents at public comment raised several concerns. Dorothy Larsen said the company had been "not in good standing in the State of Illinois from 5/1/2024 through 10/27/2024." Tammy Winkleman and Sydney McGovern cited discrepancies between documents produced under FOIA and the filed application, asked about drainage and flood impacts if low areas are filled, and warned of potential fire hazards given the project's proximity to residences. Dan Lucas and other residents cited traffic and visual impacts.
Council members pressed the developer and staff on multiple technical and procedural points. Assistant City Manager Nathan McKenna acknowledged earlier supplemental documents and said a handwritten whiteout on an early application form was his and that errors were corrected before filing. City Attorney Jeff Howard said that an entity being out of good standing typically reflects a late annual report, does not dissolve the corporation, and that the company is now in good standing. Attorney Kyle Berry, representing the project, said the ordinance applies to Harper Creek, LLC and that any future sale of the project would carry the permit to the buyer, with bond requirements providing the city recourse if the project stopped producing power.
City Engineer Brad Ruble described the stormwater-review process: the developer must submit a stormwater retention analysis, and if post-construction runoff exceeds preconstruction levels the city would require detention measures before issuing permits. Council Member Donte Moore said he had discussed the plan with Fire Chief Yenne and with staff and felt the proposal addressed the fire and drainage concerns; Council Member Mike Young argued for tabling to allow more discussion and voted against approval.
The ordinance includes a 250-foot buffer that Assistant City Manager McKenna said includes a 50-foot right-of-way off Veterans Memorial Drive. Urdaneta said construction could start as early as late fall 2025 or in early spring 2026 and that private financing structures were in place; he told the council the project was not contingent on a specific grant, though it could take advantage of federal tax credits if applicable.
The council's decision follows a Planning and Zoning recommendation of approval with a 3–1–1 vote. Following the council vote, residents asked follow-up questions about tax effects and FOIA materials; City Manager Mary Ellen Bechtel said tax assessment would be determined by the county and estimated about $4,000 annually in county taxes. The council adjourned at 8:26 p.m.
Ordinance #2024-40 passed 4–1; next steps include required agency concurrences and completion of the city's technical permit reviews prior to construction.
