SUPERIOR — The Nemadji Trail Energy Center project stalled Wednesday, April 3, before the Superior City Council.
Councilors failed to set public hearings required by state law to make land use changes for the project.
Minnesota Power, one of the companies involved in the project that would build a 625-megawatt power plant on the banks of the Nemadji River, requested a zoning change and to vacate undeveloped streets and alleys in the project area. Dairyland Power Cooperative of La Crosse and Basin Electric Power Cooperative of Bismarck, North Dakota are partners in the project.
When the Plan Commission recommends land use changes, Mayor Jim Paine said that triggers a requirement to set a public hearing before the council considers the changes.
The Plan Commission made no recommendation on the land use changes requested by Minnesota Power or an amendment to the city’s comprehensive plan that would have been required if a zoning change was made.
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“We are under no obligation to take up these public hearings if you do not believe that we should make these changes,” Paine said. He said councilors could do nothing if they were not in favor of making the land use changes.
“The Plan Commission has not asked you to do this,” Paine said. “This is entirely up to you. The reason I’ve listed it here is to give the minority the opportunity to argue for why the council should nonetheless make these changes.”
Paine said he understands the process is a little confusing after the majority of plan commissioners did not favor the land use changes.
Councilor Brent Fennessey, one of two plan commissioners who voted in favor of the zoning change and street vacations, said the only thing making the process confusing was the mayor.
“We never talk about the merits of the actual project,” Fennessey said. “All we’re doing tonight is voting to hold a public hearing or not.”
Fennessey said the question before the council is not whether individual councilors oppose the NTEC project.
“To my knowledge, I don’t think we have ever denied an applicant for a rezone request or an alley vacation, street vacation, an opportunity for a public hearing,” Fennessey said. “The applicant here has a right to due process, and what you’re suggesting here is eliminating that right to due process.”
Fennessey made the motion to set three public hearings to consider the zoning change, alley and street vacations and an amendment to the city’s comprehensive plan.
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Councilor Garner Moffat, one of the plan commissioners who voted against approving those proposals, said he’s heard ample public comment after proponents and opposition have provided hours of comment before the council and Plan Commission in recent weeks.
He joined three city councilors — including Nicholas Ledin, Jenny Van Sickle and Lindsey Graskey — in opposing setting the public hearings.
Fennessey and councilors Jack Sweeney, Tylor Elm, Mike Herrick and Mark Johnson voted in favor of setting the hearings, but the motion to approve failed because six votes are required to adopt the motion.
"As a long-standing business partner in this region, we were disappointed by the lack of transparency and communication surrounding the hearing, and with the city's disregard for conducting a fair process involving all interested parties," said Amy Rutledge, a spokesperson for Minnesota Power. "We are evaluating next steps with our project partners to ensure we meet our commitment to safe, reliable and affordable power in this clean-energy transformation."
This story was updated at 11:07 a.m., Thursday, April 4, to include comment from Minnesota Power. It originally posted at 10:41 a.m.
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