Lawsuit seeks to void Chippewa Falls sand plant vote

By Chris Vetter
Chippewa Falls News Bureau
CHIPPEWA FALLS - When the City Council voted in December on approving a developer's agreement for a sand processing plant, including $1.75 million in tax increment financing, Councilman Jason Anderson voted "present" rather than "yes" or "no."
The council, with Anderson's vote for neither side, was tied 3-3. Mayor Greg Hoffman then broke the tie by voting in favor of the plant, and the measure passed.
In a lawsuit filed Tuesday, Eau Claire attorney Glenn Stoddard questions the legality of Anderson's vote. Stoddard, who is representing the anti-sand processing plant group Concerned Chippewa Citizens, believes a "present" vote should be counted as a "no" vote. If that's the case, the developer's agreement didn't pass.
"It's an accountability issue, really," Stoddard told 75 sand plant opponents Wednesday at City Hall, where he discussed the points of the lawsuit. "The requirement is a 'yes' or 'no' vote. By definition, if you aren't voting 'yes,' then you are voting 'no' - that's the way we see it."
Stoddard added: "We've come to the conclusion that the City Council has violated its own ordinances with the vote."
Bob Ferg, Chippewa Falls city attorney, disagrees, and he points to precedent of a case from Illinois, where a court ruled a "present" vote doesn't count as either a "yes" or "no" vote.
Ferg said he couldn't find any cases in Wisconsin where the issue has arisen.
"I believe it's all defensible," Ferg said of how the city handled its vote on the developer's agreement. "I think that the city acted appropriately in all aspects."
Canadian Sand and Proppant plans to build the processing facility on a 93-acre site zoned for heavy industrial use. Up to 250 trucks of sand a day could be hauled to the processing plant from nearby mines. The company has stated it would spend $45 million to $50 million to build the facility, and the plant would create 55 jobs.
However, opponents of the sand processing plant are concerned about increased traffic and noise from the trucks and possible air and water contamination from sand stockpiles.
Stoddard also had other concerns with the council's vote. He said the city needs three-fourths of the council to vote for a bond issue, which would mean five of the seven council members supporting it, and that didn't happen. Also, Stoddard questions why the city would have granted tax increment financing to Canadian Sand and Proppant if the company is able and willing to fund the project without government assistance.
At a City Council meeting this month, Ferg warned the council about what could happen if it tried to reverse direction and pull out of the developer's agreement now.
"There is a contract right now, and you'd be staring at a breach of contract that, in my opinion, could bankrupt the city," Ferg said.
Stoddard disagrees, and he said if the court agrees with him it would give the city an opening to back out of the deal entirely.
"The city has never made a proper legally binding agreement to this company," Stoddard said. "(Canadian Sand and Proppant) might threaten to sue the city, they might not, I don't know."
Chippewa Falls resident Pat Popple, co-leader of Concerned Chippewa Citizens, urged people at City Hall Wednesday to keep showing up to public meetings on the topic and to discuss it with everyone they know.
"I think it's very important to talk to your neighbors and people around the city," Popple said. "This is not just a city problem - it's definitely a county problem."
Vetter can be reached at 723-0303 or chris.vetter@ecpc.com.

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Posted by: whereis4thestate
at: 3/27/2009 3:37:27 PM

I guess in todays' environment anyone can file lawsuits which is too bad but it's nice we have a process. I do have some respect for the CCC group which probably has taught local governments they need to be more careful of what is presented to them and listening more to their constituients which is a win win for all. With that being said they indicate they are concerned for the community of Chippewa Falls and to date I've only seen them push or get involved in one thing the proposed Sand Plant. Chippewa Falls and Chippewa County have many other things going on so if you truly say you are concerned for all we haven't seen it yet Granted they don't like it and lots of people don't but not everyone is opposed to this. From a public relations stand point this was handled very badly from the Company for sure which has gotten us to where things are today. This groups members donate money to a business in Menomonie and then they get it back in Grants. Wow maybe someone should be looking into this as well. This group CCC should be taking their money and promoting our Community. You do have a right to speak your mind if you don't like something but I think you've finally gone over board. Let the lawsuits play out the first one is in less then two weeks and we'll see what happens but I'm sure the Planning Commission did their jobs even though the subject and industry isn't popular.

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Posted by: leisureboy
at: 3/27/2009 7:25:55 AM

Faithful Citizen- I would love to see your information to back up what you are blogging! It appears to me that the CCC is trying to make the city of Chippewa follow their own laws. Please let me know where that is a bad thing. It seems obvious that you were not in attendance yesterday or you would know that CS&P would have a hard time filing a lawsuit against the city since the contract was null due to not have a 3/4 majority in favor of the TIF. Where is the hatred? I'm not seeing it. I'm seeing people who are interested in everyone following the same rules with no one being above the law... I look forward to your response! Faithful Citizen. We seem to be having the same conversation on here & chippewa.com... Are you copy/pasting your comments here b/c people are not agreeing with you on the other one?

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Posted by: City Girl
at: 3/27/2009 7:10:04 AM

Faithful Citizen, Is 20-25 jobs in the area enough revenue for the city? I'm thinking there had to be better companies that would want to be neighborly & state their business all on the up & up. Maybe CS&P did - but my opinion they aren't looking out for the best I don't believe the CCC ever stated CS&P being here will cause EVERYONE to get cancer. They simply stated it's a potential hazard - which was also stated my Dr. Crispen Hayes from UWEC. I think the City of Chippewa does need to get industry in this area - just not mining. As a side note - have you seen all the officials that originally welcomed CS&P to the area are now dropping from office... Where is Hedrington? Hoekstra & Dachel are not running again? What does the future for Doughty look like? It seems that the CCC isn't the problem - it seems the CCC is trying to figure out where all the disconnects happened. And why is everyone not running again? I'm wondering is the heat running people out of the kitchen. "

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Posted by: City Girl
at: 3/27/2009 7:05:27 AM

Faithful Citizen: who has the CCC recruited for mayoral and alderman races? Please list them on this blog.

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Posted by: proeduc
at: 3/26/2009 7:11:46 PM

Pat Poppel says thae she wants people to continue to show up to meetings and speak their opinions. Well now they filed a lawsuit against the city, the city can't discuss the issue. You wanted answers, well now you definitely wont't get them. I understand CCC has a good case, but at what cost? They will get their way this round, but if CS&P sues the city, the city will be forced to raise taxes, layoff workers, etc. I hope they can live with themselves when people start to lose their jobs. Then I will form a group to sue CCC for their actions to make people lose jobs and for filing frivilous lawsuits that waste taxpayer money. It's ironic that they waited this long to file the lawsuit, about the time a new council will be in place. I hope they are 100% certain this plant will cause cancer, because if not, they are doing a great harm to our community. People will continue to move to Chippewa Falls even if there is a sand plant, but they won't when they know that everything they do will be scrutinized by some "regimes" out there. They claim the are concerned citizens, but only for thier own good. Why aren't they going after the other industries in Chippewa Falls who emit double the emmissions CS&P is proposing? Where will they be when all this is done? I just hope the people they are recruiting for City Council are more about this city than just one issue.

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Posted by: faithful citizen
at: 3/26/2009 9:02:34 AM
Updated: 3/26/2009