Legalectric

Just filed… Walleye Neighbors in Minnesota and South Dakota Comments on the Walleye Wind Draft Site Permit. Now it’s time for a nap!

Dorenne Hansen died this morning, and we’re mourning.

A visitation will be held from 4:00-7:00 p.m. on Friday, May 21, 2021 at Bonnerup Funeral Service, Albert Lea, and one hour prior to services at the church. A funeral service will take place at 11:00 a.m. on Saturday, May 22, 2021 at Bethlehem Lutheran Church in Myrtle with Pastor Josh Blair officiating. Interment will follow at Pilgrim’s Rest Cemetery. A celebration of life meal will be held at the Glenville City Hall following committal services.

She was a founder and the very life of Association of Freeborn County Landowners. When we met, she let me know that she had been living with Stage 4 cancer for a while, that was June, 2017, and she’d said that she was on some sort of trial, the longest living person in the medical world. She was a delight, off the charts brilliant, strong, exacting, and angry and a fighter in the best of ways.

Dorenne was able to motivate and turn out her community, with neighbors meeting and coming together to foil the intruder to their neighborhood.

Dorenne was a little hesitant at first, and after a few rounds with Invenergy and the Public Utilities Commission, she got in the groove, was adept at reading between the lines, and channeled her outrage into action, rallying the troops for yet another round.

Dorenne Hansen was the voice of AFCL.

Association of Freeborn Landowners got the first ever contested case for siting a wind project, and in another first, the ALJ recommended the project’s permit be denied:

No small feat!! In the STrib’s article then, on both Freeborn Wind and the Bent Tree project, wind developers and wind promoters were histrionic:

Administrative Law Judge says PUC should reject Freeborn County wind project

A choice snippet from Litchfield in the STrib article:

Dan Litchfield, an Invenergy senior manager, objected to Schlatter’s interpretation of Minnesota’s noise regulations, saying it “is impossible to meet for a wind farm. … Every other wind farm in the state has not been subject to this interpretation.”

And what did the PUC do??

Freeborn? PUC upends ALJ’s Freeborn Wind Recommendation

Marie McNamara, who has been through the PUC grist mill with Goodhue Wind Truth, put it well:

Despite getting the site permit, Freeborn Wind did move 17 of the 41 turbines to Iowa, a different sort of success, 24 shy of our goal. Yet after that initial administrative win, followed by the PUC’s 180, it was downhill from there. The last gasp of our efforts came last month:

Freeborn Wind appeal – we lose…

And then NSP/Xcel tries to send us a bill, adding insult to injury — our Objection is here:

Xcel, cost taxation? WHAT?

Throughout all these very intense years, Dorenne was undergoing routine chemo treatments, on and off and on and off, with time to recover some in between, and she was often literally working on our Freeborn Wind project while infusing! We spent a lot of time at the library bonding over transcripts, zzzzzzzzzzzzz. And Myre-Big Island State Park was right next door, so a good place to have confabs and convenient for hearings in Albert Lea.

Dorenne and I last talked not long before the appeal came down, and she was getting ready to stop chemo, which because the cancer had progressed, was on a weekly basis, utter torture with no respite between treatments. She was not having fun, her quality of life was nil, and she was ready to stop chemo, though she was so mindful of her family and friends whom she cared about and who cared so much about her. I appreciated her advance notice and a chance to let her know how much I appreciated and enjoyed and leaned on her.

Over the last four years, people in the community who had not met before got together, worked together, and became fast friends over wind turbines, becoming large parts of each others lives. Dorenne, you will be sorely missed. What an impact you’ve had… what a life well lived…

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.

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.

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 Andy Klitzke – Ward 2 RECALL CITY HALL petition:

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!