Legalectric

The “Recall City Hall” committee so screwed up the Petitions to recall Wards 1 & 2’s Dean Hove that they were all returned with this missive:

So now they have to start all over from zero, and yesterday, a new Petition was filed for certification:

AND, there’s a gathering tonight, at a CHURCH, to start the Petition drive, info posted on Shelley Pohlman’s (a/k/a Rena Marsh, etc.) Red Wing Minnesota News page:

“Bureaucrats paid by the City of Red Wing found technical reasons to reject the first petition, signed by hundreds of citizens, to recall Council member Dean Hove for participating in secret meetings in violation of Minnesota’s Open Meeting Law.” That’s not why!!! You’ll also find this false statement on the “Recall City Hall” page. Ummmmm… right. Let’s just keep that bs going…

… nevermind that they didn’t use the Certified petition when collecting signatures to recall Hove. Good grief — is this so hard to understand? The Hove petitions were not done as legally required!!

So tonight, head on down to the New River church. Let’s see if they’ll train the folks soliciting signatures not to lie and misrepresent the reasons for the recall. Look at the Recall City Hall site!!! SNORT! The Recall petitions are not about firing Pohlman… it has nothing to do with “lower taxes.” Let’s be clear this time folks, here’s your rationale (click for larger version):

Maybe Shelley will even put up the ENTIRE certified petition this time, rather than this half-assed snippet from earlier times (linked too!):

Maybe Shelley will even move up these 250 words to the TOP of the Recall City Hall page? Feature it up front so the world can read? Naaaaah, that would be too honest.

Here we go again. It’s bad enough that CapX 2020 is morphing into CapX 2050/Grid North Partners, but they’re having a “conference” (sign up here) in a couple weeks.

Look at the Chair of this panel, none other than the Chair of the Minnesota Public Utilities Commission, and the description:

… TO MEET OUR COLLECTIVE GOALS?

Remember the toadying for CapX 2020? Remember the toadying for Excelsior Energy’s Mesaba Project coal gasification? Remember the toadying for Prairie Island/NSP/Xcel Energy’s nuclear plants, particularly Prairie Island circa 1994 and 2003?

This sort of thing has been an issue before, and former Chair LeRoy Koppendrayer has been the only one to acknowledge this type of participation as an issue — this was in 2007:

IEDC gets carried away

When this happens, I contact the PUC and register concerns, and have always been assured that they know well the boundaries.

And, well, here’s Commissioner Tuma on DOE Nuclear Waste panel circa 2016:

DOE “Consent-Based” Nuclear Waste Mtg.

This was also an issue with Commissioner Reha when she went off on a coal gasification junket to Belgium and promotion of CapX 2020! See the John Tuma link, above, for this with active links:

When the promotion and bias is so blatant, I’m not about to watch silently. Earth to PUC Commissioners, here are the PUC’s rules:

https://www.revisor.mn.gov/rules/7845.0400/

https://www.revisor.mn.gov/rules/7845.0700/

And when you see something, say something?

Ummmm, right…

ALJ “INVESTIGATIVE REPORT PURSUANT TO MINN. STAT. § 216A.037”

Listen to Commissioner Tuma’s words that were the subject of our complaint at the link above. And the ALJ’s report delivers this warning:

I guess it will be an informal complaint, eh?

Last night, the Red Wing City Council had just one substantive item on the agenda, a request for vacation of an easement from Tom and Anne Wilder. The land in question is that graveled area with driveway and car on it, and a wider section on the parcel to the north, also owned by the Wilders:

It looks like the City did not provide mailed notice to landowners owning property within 500 feet of the Wilders’ property! In particular, I’m looking at the landowners with contiguous parcels, those at 1231 – 5th St. W and 1268 – 6th St. W. They have smaller homes and lots, valued lower, and they just might appreciate the opportunity to add that land to their parcels.

I’ve received notice from Tom Wilder that neighbor to the east did get part of the piece that was vacated, which is good news!

Vacation of an easement is one of those things, like “cartway” that in law school was a big snooze. Yet it’s something to consider.

Back on 2019, we got notice about vacation of the easement adjacent to Daniel Sturgeon’s property here on West. I was not pleased about this when he had bought a lot for, according to the County GIS site, “under $1,000” and that he was now asking the City to give him more land. We got a notice in the mail and so I looked into it then, and spoke against it at the public hearing.

After Sturgeon got the land, he turned around and put it on the market for many, many times what he paid:

He’s had some reality orientation since and the price is now at $25,900, still many times more than what was paid:

Anyway, the Notice for the Wilders’ easement vacation request was very different from that for the Sturgeon easement vacation request. Note the “NOTE” at the bottom:

At last night’s meeting, Jay Owens stated that Notice was published in the Eagle, but that was all, and he expressly stated that there had been no contact with the adjacent landowners, in particular, the ones on the other side of the easement. That “other side of the easement” is to the east, the neighbor that Wilder has said did receive some of that vacated property ultimately.

The Charter has this notice requirement — publication, but no mailing of notice requirement in the Charter:

The timing of the Wilders’ request is odd, as they asked for the city to give them this land some time in March, based on the dates in the packet:

Agenda Item 10A – City Council Packet – 5-10-2021

The hearing was scheduled by the City Council at the April 12, 2021 meeting (9P – Attachment).

As you may recall, Anne Wilder drew this RECALL CITY HALL “cartoon” that was published by the Red Wing Republican Eagle — it was published days after scheduling of the hearing was placed on the Council agenda at the “Agenda Committee” meeting:

• I used to trust their judgment… Now I’m not so sure! What will they do next?
• I worry that this is just the beginning… Are we inviting big problems to our community?
• Great job City Council. My once-peaceful neighborhood just started FIGHTING over your decision to fire the Police Chief.
• This is the kind of thing that makes people move away…
• Shouldn’t a City Council always work to build a stronger, safer & better community instead of TEARING IT APART???

Just wow…

Here’s Tom Wilder right at the top of the initial \ RECALL CITY HALL petition regarding Andy Klitzke – Ward 2:

To ask for this easement vacation from the City while at the same time principals in the “RECALL CITY HALL” effort is, well, tone deaf, ballsy, to put it mildly.

My Letter to the Editor about this:

My question to the Wilders… shouldn’t this easement vacation wait until there’s a City Council you trust? Asking for a handout now (for the nominal fee of $425) seems a bit much given you want to “RECALL CITY HALL.“

Just wow… It’s the sort of thing that makes my head burst!

Association of Freeborn County Landowners has been challenging the invasion of Freeborn Wind, a/k/a Xcel Energy a/k/a Northern States Power into this existing community.

Hundreds of meetings, filings, over the last FOUR YEARS, and we got the first contested case hearing ever for a wind project in Minnesota… the first in 20+ years of siting wind projects, and the first time a projects comes to the test, the ALJ recommends the permit be denied!

The Recommendation of the Administrative Law Judge:

The Public Utilities Commission does a perverse and contorted 180 and lets Freeborn have their way, and the public, residents be damned.

Freeborn? PUC upends ALJ’s Freeborn Wind Recommendation

Then 17 turbines left for Iowa, but 24 remain.

… we get tossed out by the appellate court, which affirmed the Commission’s decisions and Orders.

Freeborn Wind appeal – we lose…

And earlier this week, they serve this:

Let’s see… they have open access to ratepayer pocketbooks, they’re reimbursed for their costs! BY US! We ratepayers have to pay! Meanwhile, for the public to show up, and to challenge for FOUR YEARS on this project, or any project, like the Mesaba project, or CapX 2020!, people hold garage sales, put grain in at the elevator, a silent auction in a tornado, and plain old arm-twisting to cover our comparatively nominal costs.

Our objection just filed:

NOW THEY THINK WE SHOULD PAY THEM $3,312.75?

Meanwhile, don’t cha wonder how’s Xcel Energy doing these days? Their 1Q report just out… More customers, decreased sales, and stock soars:

Hmmmmmmm, remember that Texas storm? Here’s the impacts:

Xcel easily tops earnings estimates

Ain’t capitalism grand…

It’s a RECALL TO NOWHERE!

From the City: YOU ASK, WE ANSWER — What’s a Recall?

They’re out today, trying to gather signatures, handing out the above flyers. Earlier this week there was a long advertisement for the recall effort:

Red Wing recall movement hits the streets for signatures

Residents point to firing of Roger Pohlman along with open meeting violation as reason for signing petitions.

And some great Letters to the Editor in today’s bEagle – click for larger version:

“Pathetic malcontents” pretty much says it all.

My $0.02:

Note that the recall petitions they’re trotting around only complain of open meeting law violations (click for larger version):

When they say “by voting unlawfully to deny an open City Council session for consideration disciplinary action against Chief Roger Pohlman, thus infringing upon the rights of the public…” it seems to me that what they wanted was a open IN PERSON meeting at City Hall, so they could storm City Hall!

Pohlman had a “name clearing” hearing, and here’s what it looked like outside City Hall — is there anyone under 50 in this sparse under-50 group:

These are the initial flyers about the recall:

And then there’s the ~250 “Petition” that had typed names, no signatures, people living outside of Red Wing and even in Wisconsin!! Several have complained that their name was used improperly.

And some more primary documentation — the initial campaign report with significant LARGE anonymous donations:

Here are the reports, initial and “amended.” SNORT!