GreenMark & Wacouta Township in Goodhue Co. District Court
September 12th, 2017
I found my notes!! On August 29, 2017, Alan and I went to the Goodhue County Courthouse for the GreenMark Solar v. Wacouta Township (Court Case No. 25-CV-17-1462) festivities — a Summary Judgment hearing.
FULL DISCLOSURE: I’m not a fan of any of the principals of GreenMark, Mark Andrew, Dennis Egan, and Julie Jorgensen. Mark Andrew is a former Hennepin County Commissioner and a fan of burning garbage. Here’s a thread from the Mpls yak-yak list about Andrew when he was running for Mayor. Dennis Egan, well, we had a few go rounds when he was Mayor of Red Wing AND was executive director of Minnesota Industrial Sand Council, and at the time silica sand mining issue was on agenda for City of Red Wing. Julie Jorgensen? Her Excelsior Energy Mesaba Project coal gasification plant took up 5 years of my full-time labor before it went to part-time and intermittent, and still just won’t fully go away! Minn. Stat. 216B.1694, Subd. 3(b)(1)(ii).
That said, I’m also a big fan of solar, from way, way back when my father designed the solar on the Minnesota Zoo (that was later taken down, it was hot water! Not quite what was most needed, and they didn’t know much about solar back then).
Here’s the GreenMark Complaint — couldn’t find the Wacouta Answer or the cross-motions for Summary Judgment. The Wacouta Township website is years out of date — what’s up with that? (2014 is most current minutes, plus a notice of the May 2017 meeting about the solar project. ???)
Here are a couple articles:
GreenMark Solar challenges Wacouta Township | Republican Eagle
Minnesota Developer Sues for Solar Garden Permit
The oral argument started with Greenmark. Some points (not all inclusive):
Focus on Minn. Stat. 394.33, Subd. 1, that the township decision violates Town Powers Act. It’s inconsistent with their zoning. They can enact more restrictive zoning, but they didn’t, township has no solar ordinance.2
Township ordinance is ambiguous. Frank’s Nursery case — if ambiguous, allow property owner to do what they want with the property.
“Agricultural community” — Planning Commission and Board selected different definitions. Current use, peat mining and hay. Pollinator scale 45, and 85 with solar. Wetlands. Reduce carbon emissions.
Township argument:
Town Power Act does not restrict township actions. Bergen defines inconsistent, it’s not different.
Township Ordinance, Art. 3, Subd. 10, limits industrial uses that do not support agricultural. Solar is an industrial use. Twp. does allow solar in ag, BUT, it’s more restrictive, and it’s not inconsistnet.
The standard is whether down decision was rational, i.e., legally sufficient, supported by record.
Reasonable — inconsistent with agriculture, exported to the grid. CUP – exported, GreenMark takes issue with def of ag use, but see “Hubbard Broadcasting” denial of Conditional Use. Review is deferential. Mandamus (GreenMark’s action) review not to challenge discretionary decisions of local government.
Frank’s Nursery re: ambiguous ordinance, doesn’t require ordinance to be construed to support use. Court still needs to determine rationality.
Greenmark Rebuttal
Mandamus – this is about building permit, a ministerial act, not discretionary.
Does township even have jurisdiction/authority.
Purpose of project — Goodhue County, that’s the area.
Altenberg (?) – Town Powers Act – Twp didn’t adopt a more restrictive ordinance.
Bergum (?) – legislative intent of Town Powers Act.
Township Rebuttal
Cases of Mandamus for building permits
Goodhue – zoned agricultural, township couldn’t zone industrial, that would be inconsistent with county zoning.
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Judge Bayley said he has a lot of homework to do, and will do it and issue Order.
Rochester Chamber: Egan, Broberg & others on frac sand
March 16th, 2013
More frac sand mining promotion! The Rochester Chamber of Commerce, run for just 7 months, over a decade ago, by none other than illustrious soon-to-be-former Mayor Dennis Egan, is hosting a frac sand event.
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Friday, March 22, 11:30a.m. -1:00p.m.
Canadian Honker Events at the Ramada 1517 - 16th St SW Rochester, Minnesota
Cost: Members $25, Non-members $35 (includes lunch)
Pre-registration Required
Word first arrived on March 14, 2013, as a email from the Rochester Chamber, where Egan was listed as “Mayor of Red Wing & Exec. Director, Minnesota Industrial Sand Council.” They have altered that to say only “Minnesota Industrial Sand Council” on their website:
And from their website:
Experts! Who are the “experts” in this Rochester Chamber cast of characters?
Vern Baker is clear about his interests! Good job!
We all know about Dennis Egan and his ethical standards and expertise in frac sand mining…
Jeffery Broberg represents landowners such as David Nisbit who want mines on their property, and who said at a public hearing, “As the applicant’s representative, I have a higher level of rights on these issues.” His promotional bent is clear in his statement after the St. Charles rail site was denied by the City:
From the NoCapX site, we know an awful lot about Broberg, for example his classic “Exhibit 7” portrayal of the long closed sand-barred boat landing at the White Bridge Road!
Dave Christianson is billed as “Project Manager, Minnesota Department of Transportation.
He was billed as something similar at soon-to-be-former Mayor Egan’s Frac Sand Forum. What does Google have to say? MnDOT Freight, Rail, & Waterways Staff; City of Winona powerpoint, and he’s all for expansion: “We believe it is very well controlled,” he said. “It’s something we look forward to seeing expanded and properly managed as we go forward.”
So of this lot, all are proponents, and not one speaker is independent, and not one speaker is opposed. “Advocacy” is part of the title of the Chamber staffer who sent the email, and it’s pretty clear what they’re advocating for!
To attend, you have to pre-register, and pay $35: Members and Non-Members.
KARE 11 turns up the heat on RW Mayor Egan
February 7th, 2013
KARE 11 was down here in Red Wing yesterday, and they caught up with Alan. “It makes a laughing stock of Red Wing, that the Mayor would do this, would think that he can get away with this.” Here’s the video — City Council President Lisa Bayley said it very succinctly, “you have to choose one or the other.” Showing a big file of emails, she said “You have to be very, very careful, those two things just cannot touch.” Egan looks like he’s feeling the heat, steadfastly saying there’s no problem, that “the people of Red Wing knew I lobbied for controversial subjects when they voted for me.” “These mines, those family owned Minnesota businesses, are not looking at mining the bluff, they’re not looking at mining the area.”
Photo of Maiden Rock frac sand mining operation across the river
Oh, right, Mayor Egan… get a clue! This is NOT acceptable. It’s time to resign.
MN mayor’s new ‘frac’ job stirring up controversy
Keep those emails coming to the Red Wing City Council members — tell them what you think of this:
sebion3@gmail.com, lisa.bayley@ci.red-wing.mn.us, deanhove@charter.net, michael.v.schultz@charter.net, peggy.rehder@ci.red-wing.mn.us, ralph.rauterkus@ci.red-wing.mn.us, marilyn.meinke@ci.red-wing.mn.us
And copy the Mayor and City Administrator too:
dennis.egan@ci.red-wing.mn.us, kay.kuhlmann@ci.red-wing.mn.us
Faux News 9 has a poll — weigh in!
Faux News – Red Wing mayor hired for frac sand lobbying – poll!
On Minnesota Public Radio today:
and
Red Wing Mayor Egan exposed
February 6th, 2013
Red Wing’s Mayor Dennis Egan is in pretty deep, and it’s getting deeper. The Red Wing City Council will address the discovery that he’s a frac sand toady at the Monday City Council meeting. That’s good to hear. And they need to hear from those of us who are appalled at his duplicity.
URGENT – TODAY – contact the Red Wing City Council members and forward this Red Wing City Council contact info to friends, neighbors and family in Red Wing.
sebion3@gmail.com, lisa.bayley@ci.red-wing.mn.us, deanhove@charter.net, michael.v.schultz@charter.net, peggy.rehder@ci.red-wing.mn.us, ralph.rauterkus@ci.red-wing.mn.us, marilyn.meinke@ci.red-wing.mn.us
And don’t forget to copy: dennis.egan@ci.red-wing.mn.us, kay.kuhlmann@ci.red-wing.mn.us
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Red Wing Mayor to represent silica sand industry
Sand storm heads toward Capitol
Mayor Egan – the voice of frac sand mining!
Red Wing Mayor Egan leads Minnesota Industrial Sand Council; citizens wonder who he’ll serve
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In the STrib today:
Red Wing’s mayor gets second job with frac sand lobbying group
(I liked the first headline better: “Red Wing’s mayor signs on with frac sand lobby”)
His work to promote fracking is a conflict of interest, residents say.
Bayley said the council will discuss the matter Monday at a regularly scheduled meeting.
Kuhlmann did not return a phone call Tuesday afternoon.
“In my mind, there’s not a conflict,” Egan said.
“The issue of local control is very important to us,” Rehder said.
“Would I ever be a lobbyist and hold public office at the same time?” Rehder said. “No.”
And in the Rochester Post Bulletin:
Red Wing mayor to represent silica sand industry
The peculiar situation has riled some.
Egan, who took office in 2011 and was re-elected in 2012, signed a contract Friday that installs him as executive director of the newly formed Minnesota Industrial Sand Council. The council is an organization of six Minnesota companies with an interest in mining silica sand, including the owner of a proposed St. Charles development, with Egan at its head. The council also represents the interests of companies involved in silica mining in an ancillary way, such as railroads, trucking and petroleum producers.
“The folks had gotten my name because that’s what I do,” said Egan, who has worked the last 10 years as a Capitol lobbyist. “It wasn’t tied to anything other than ‘Dennis, you’ve done this for 10 years and you have a good reputation.’ My approach is you need to work in collaboration to move projects forward.”
The new group has hired Minneapolis-based Larkin Hoffman law firm to serve as its lobbyist during the current legislative session, where Sen. Matt Schmitt, DFL-Red Wing, is expected to propose silica sand legislation later this week. Egan hopes to develop a list of best practices related to dust mitigation and other mining issues.
Southeastern Minnesota is at the forefront of the state’s silica sand controversy. The issue first surfaced just a few miles from Red Wing when Windsor Permian, an Oklahoma-based energy company, purchased 155 acres of land in 2010 and expressed an interest in mining silica sand. Concerns spread rapidly through the region since then, with Winona, St. Charles and Wabasha being the current hot spots.
There are just five active silica sand mines in the state, according to the Minnesota Department of Natural Resources, but many new ones have been proposed. Demand for the hard, round sand has exploded due to advances in hydraulic fracturing, or fracking, to extract oil and natural gas, particularly in North Dakota.
Egan, who has previously served as the Chamber of Commerce President in Red Wing and Rochester, said that he’s been brought in to resolve controversial situations in St. Louis and Ramsey counties, among others, in prior business deals. He’s since created his own company called Egan Public Affairs, which specializes in such endeavors.
“It’s another project in which you find passions on both sides of the aisle,” Egan said of his new role. “I don’t want to come across as downplaying that for southeast Minnesota. It’s a big issue; I recognize that.”
However, some aren’t convinced Egan’s new role is proper given his status as an elected official. Carol Overland, a Red Wing attorney, e-mailed the city council raising concerns about a conflict of interest and her concerns don’t appear to have fallen on deaf ears. Though council president Lisa Bayley declined comment and others didn’t return calls, council member Peggy Rehder expressed frustration that she wasn’t directly informed of Egan’s plans; the news was first posted online Friday evening by “Politics in Minnesota.”
Egan said he informed Red Wing City Administrator Kay Kuhlmann of the job offer prior to accepting; Kuhlmann was not available for comment.
“I’m puzzled,” Rehder said. “I think we need more information and we need a legal opinion from the city attorney.
“You’re absolutely right that people are concerned.”
While the situation is expected to be discussed further at Monday’s city council meeting, members of the citizen’s opposition group Save The Bluffs see it as a clear conflict of interest.
“How can you represent citizens and the industry at the same time?” asked John Tittle, a Red Wing resident and Bluffs member. “It seems like it would be a conflict. It seems kind of obvious.”
Egan responded to those challenges by saying the city ordinance had been approved for months by the time the sand companies approached him in late December. Should any new proposals be made, the mayor says he’d recuse himself from those discussions.
Mayor Egan – the voice of frac sand mining!
February 5th, 2013
Red Wing’s Mayor, Dennis Egan, is the voice of frac sand mining. Yes, it’s true, and here is his email so you can tell him what you think: dennis.egan@ci.red-wing.mn.us
What’s the big deal? Well, it’s a simple matter of whose interests the mayor represents. It’s about ethics. The Mayor’s job is to public represent the City of Red Wing, the “titular head” of the city. Can he spell C-O-N-F-L-I-C-T?
The City of Red Wing recently spent a year addressing frac sand in the City, first enacting a Silica Sand Moratorium and then an Ordinance. This remains a major issue at Goodhue County, and in the entire state of Minnesota.
It appears that organizing his “Red Wing 2020,” an “Advisory Committee to the Mayor” and having this “Advisory Committee to the Mayor” host a frac sand mining promotional love fest wasn’t enough, nooooooooo, now he’s officially, publicly, and professionally promoting frac sand interests, and he’s being paid for it. While he’s Mayor of Red Wing? Can you believe it?
A recent Politics in Minnesota article laid it out, that he’s “Executive Director” of the Minnesota Industrial Sand Council, which is a lobbying group to promote frac sand mining and associated interests. Here’s the scoop that relates to Mayor Egan:
FYI, Mayor Dennis Egan’s facebook pages says he “lives in St. Paul.” Curiouser and curiouser!
