Star Tribune
River protection case in Hudson goes to court
A lawsuit that brought river protection concerns against a proposed four-story building in downtown Hudson seemed to find support Friday from a St. Croix County Circuit Court judge, who in a hearing said he found one of the city’s arguments for approving a variance for the building project “ridiculous.”
The lawsuit, filed by the Wild Rivers Conservancy of the St. Croix and Namekagon and several neighbors of the project, said the city’s board of appeals granted five variances for a building project proposed by landowner Ron Gagnon in violation of state statutes and city ordinances that implement the federal Wild and Scenic Rivers Act.
Among the suit’s allegations: the proposed mixed-use building is too tall, lacks appropriate setbacks, and got variances without consent from the Wisconsin Department of Natural Resource as required by state law for projects within the special “riverway” zone near the St. Croix River where Gagnon wants to build.
An attorney representing the city’s board of appeals said there was no record of the DNR asserting that provision of law: “The WDNR theoretically had the right to make that assertion but didn’t at any point, and for that reason I don’t believe there’s any merit” to the suit’s complaint about DNR approvals, argued Mary Nelson of Crivello, Nichols & Hall.
Circuit Court Judge R. Michael Waterman wasn’t having it, saying the state statute clearly says the city’s board of appeals needed DNR approval.
“You’re basically saying the city can do anything it wants as long as nobody objects,” he said to Nelson. “That’s ridiculous.”
The case stems from a series of board meetings last summer, when Gagnon approached the city with plans for a project at 307 to 321 Second Street and 100 Commercial Street. The four-story building with sidewalk-level commercial space, a fitness center, and 109 housing units above would take up the city block bordered by Second, Commercial, First and Wisconsin streets. It would have underground parking for 143 vehicles with access on Wisconsin and Commercial streets. A shuttered bank and a retail framing shop, Lakefront Framing, are the only structures on the block. Gagnon’s limited liability corporation bought some of the property in 2022, according to court documents. The project’s architect is Bob Loken-ESG Architecture and Design, the developer is Ari Parritz-Reuter Walton.
The city originally planned to hold a variance hearing in November of 2022, but that meeting was cancelled after the Wisconsin DNR and the Wild Rivers Conservancy filed letters of opposition. A public hearing was held in May of last year, and the board of appeals initially denied a height variance to allow the building to rise 57 feet, 12 feet higher than allowed within the riverway zone designated by the Wild and Scenic Rivers Act of 1972, which created the Lower St. Croix National Scenic Riverway. That zone extends west to the river from Hudson’s Second Street, including the sites for Gagnon’s project. The board then reconvened in July, reversed their decision on the building’s height and approved other project variances.
Attorney Einar Hanson, representing the petitioners, said the city violated the Rivers Act protections when the board of appeals granted variances for the proposed building’s “height, width, mass, density, landscaping, location, and other components.” The lawsuit argued that the board’s approval of this project sets a precedent that could see similar projects rise within the rivertown zoning districts.
Hanson said the board of appeals seemed to be swayed by the project’s size, and that in order to be viable, the building had to rise to 57 feet.
“Economic viability are no basis for a variance,” said Hanson. “Yet, when you read the transcript, you get the sense the board was so dazzled by this project that they were willing to follow any rationale that allowed them to grant variances.”
Attorney Nicholas Vivian, representing the board of appeals, said the volunteer board deserved credit “because this is a group of citizens dealing with a difficult set of circumstances.” Hanson responded that the lawsuit took issue with the project, not the board: “There’s no attack by the petitioners on the good citizens on the Board of Appeals,” he said.
The petitioners including two businesses located across the street from the proposed project who said the size and mass of the Gagnon building would obscure their view of the St. Croix River. Petitioners Todd Ellingson, Joel and Carol Skinner are nearby property owners who say the development would harm their property values and block river views. Petitioner Genie Castro is a Hudson resident and business owner who said the project would harm the city’s historic river town feel.
“I really think Hudson can keep up with progress and still keep our town with its rivertown charm,” she said in an email. “The proposed building that Gagnon wants to put in will span from sidewalk to sidewalk and consume a whole downtown block.”
After hearing arguments from both sides, Waterman said he would issue a written ruling.
Star Tribune
Long Prairie, MN school board dismisses its superintendent, the latest controversy in this small town
LONG PRAIRIE, MINN. — The school district superintendent dressed up as the school mascot, Thor, on football nights. He read the graduation address in both English and Spanish. He even set up office hours in the cafeteria, granting easier approachability to students.
But now, two months into the school year, Daniel Ludvigson is gone. Or, rather, “on special assignment,” according to the terminology of the Long Prairie-Grey Eagle School Board, which voted 4-3 earlier this month to remove him as superintendent. The move came weeks after voting to not renew his contract, which expires at the end of the school year in June.
Four board members — two of whom voted to oust Ludvigson, including Board Chair Kelly Lemke — are up for re-election next week.
The dismissal is the latest blow in this central Minnesota community on the edge of the prairie. Over the last nine months, the town of 3,400 residents and seat of Todd County has lost its mayor, a city manager, two school board members, and now its superintendent.
Students walked out earlier this month in support of Ludvigson. Signs in support of Ludvigson can be seen across town on the lawns of apparent Democrats and Republicans alike. And last week, hundreds packed the American Legion off Hwy. 71 to eat beef sandwiches and sign support letters for Ludvigson, who only swung by to pick up his child for hockey practice.
In a time of great divide in America, this fight has nothing to do with politics.
“You’ve got Harris buttons and Trump hats side-by-side, arm-in-arm,” said Amanda Hinson, a former local newspaper reporter who is concerned the board is not being upfront about why they placed Ludvigson on special assignment. “We want transparency in our government.”
Lawn signs around Long Prairie, Minn., now include people weighing in on the dismissal of Superintendent Daniel Ludvigson by the school board. (Christopher Vondracek)
School board members say Ludvigson has repeatedly shown he is not ready for the prime time of a school district bigger than the one in central North Dakota he arrived from two years ago. They have twice disciplined Ludvigson, but did not state the reason for placing him on “special assignment,” beyond insinuating that staff are fearful to raise official complaints.
Rain and potentially heavy snow are on tap Thursday around the Twin Cities, just before families set out for Halloween trick-or-treating.
Temperatures were expected to drop throughout the day, creating conditions for flurries. A winter weather advisory is in effect from 10 a.m. to 4 p.m. covering the Twin Cities metro area and parts of south-central Minnesota. Steady rain drenched the Twin Cities on Thursday, making for a soggy morning commute.
“As colder air begins to move in this morning, the rain will transition to heavy snow from west to east with snowfall rates of an inch per hour at times into early afternoon,” the National Weather Service in Chanhassen said in a weather advisory.
The Twin Cities and surrounding areas could get between 2 and 4 inches of snow, according to the weather service. The winter weather advisory is expected to affect Anoka, Chisago, Hennepin, Ramsey, Scott, Washington and Le Sueur counties.
It’s unclear how much of the snow will actually stick, with warm surface temperatures likely leading to melting on contact in many areas.
“Exact totals will depend on snowfall rate, surface temperatures, and melting — which increases uncertainty with the snow forecast,” the weather service said in an early Thursday briefing.
“Thundersnow possible!” the weather service emphasized.
The good news for Halloween revelers is that the snow and rain are expected to wrap up in time for trick-or-treating, though temperatures will remain in the 30s with a sharp windchill.
An off-duty Washington County sheriff’s deputy caused a head-on crash while under the influence of alcohol and injured a couple in the other vehicle, officials said.
The crash occurred about 10:40 a.m. Sunday in Afton on Hwy. 95 at Scenic Lane, the Minnesota State Patrol said.
Campbell Johnston Blair, 58, of Hastings, was heading north in his Subaru Crosstrek, crossed into the opposite lane and collided with a southbound Ford Expedition, the patrol said.
Blair and the other vehicle’s occupants, 38-year-old Erik Robert Sward and 36-year-old Heather Lynn Sward, both of Lake Elmo, were taken to Regions Hospital with non-critical injuries, according to the patrol.
The patrol noted the alcohol use by Blair was involved in the crash.
Blair, who was driving a private vehicle at the time of the crash while off-duty, has been a deputy with the Sheriff’s Office since 2020 and is currently assigned to our Court Security Unit.
The Sheriff’s Office has been asked for reaction to the crash involving one of its deputies.
