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1972-08-29 Council minutesPage 83 August 29, 1972 VILLAGE OF 0ENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Special Meeting Held Tuesday, August 29, 1972 Pursuant to due call and notice thereof, the special meeting of the Village Council, Village of Mendota Heights, was held at 7:50 P.M. at the Village Hall, 2010 South Lexington Avenue, Saint Paul, Minnesota. Mayor Huber called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Huber, Councilmen Blair, Gutzmer, and Wahl. Councilman Lockwood arrived at 7:37 P.M. ROGERS LAKE LEVEL Mayor Huber opened the meeting for the purpose of discussing level control for Rogers Lake. He introduced 0r. Morris Eng from the Department of Natural Resources to the audience as an observer to the proceedings. Mayor Huber turned the meeting over to Village Administrator Orvil Johnson for a brief history and presentation. Mr. Johnson pointed out that a feasibility hearing to consider o proposed outlet for Rogers Lake had been held on May 23 and that people owning property within the proposed assessment district had been sent notices for the hearing. Since the feasibility hearing, several meetings had been held with the Engineer and several interested residents and that as a result of the several meetings, a level of 873.0 mean sea level, which would lower the lake by approximately l^� feet, had been tentatively agreed upon. At this time it seemed appropriate to again send notices to all the residents of the proposed assessment district to discuss the proposed level and the ramifications of an alternate outlet route. Mayor Huber stated that the Council would like to hear the opinions of the audience on the project and the proposed level of 873.0. Dr. D. E. Westover, 2371 Swan Drive, asked if the culvert as it enters the lake will be out of water. Village Engineer Ed Kishel stated that the bottom of the culvert Page 84 August 29, I972 will be about an inch above the future level of the lake on the lake side of the culvert. 0r. Harry Strong, President of the Mendakota Country Club, stated that 875 would be an agreeable level for Mendakote. 0r. Bill Allen, 900 Wagon Wheel Trail, stated that he feels 873 is a good level, a reasonable level, and he heartily recommends it. Mr. Joseph Kulhanek, 953 Wagon Wheel Trail, stated that he doesn't want anything to do with the project unless the whole Village pays for it, and asked why only the proposed assessment district would have to pay. Mayor Huber answered that this is a lake level control project and that as such it would not be feasible to assess the entire drainage district. He stated that the Council is aware that if a level control is put on the lakex some people will benefit more than others. He also pointed out that 0andakota Country Club has agreed to recommend to their members that should the Country Club ever be sold for private development, twelve acres of prime land adjacent to the lake would be donated to the Village. This - mould take the aspect of individual profit out of the project. Mrs. Dale Peterson, 871 Cheri Lane, presented the Council with a petition from the Wagon Wheel Trail Association signed by seventeen property owners stating that they do not object to a lake leveling device but do object to lowering the lake from its present level of 874.5. Mr. Courtney Pince, 945 Wagon Wheel Trail, objected to having to pay for the cost of the project and said that he would agree if the project were assessed to the whole Village as a flood control project. Mr. David Pace, Sr., 991 Wagon Wheel Trail, objects to being assessed for the proposed project. When asked if he objects to the proposed level of the lake, he stated that the people living around the lake knew it was there when they purchased their property, and they should bear the burden of the assessment. Page 85 August 29, 1972 0r. Gerry Nelson, 894 Wagon Wheel Trail, stated that he is not in favor of the project because he disagrees with the assessment line and because the fish in the lake will freeze out in the winter if the lake is lowered. It was pointed out to 0r. Nelson by Councilman Lockwood and 0r. Eng that Rogers Lake is not by nature a fish lake. Mrs. Courtney Pince objected to lowering the lake level for fear that the lake will become a mudhole and will smell terrible. 0r. Harry Strong pointed out that three years ago the lake was pumped to preserve the property of those residents living around the lake and that the lake was lowered to 871. He further stated that at that level there was ample water in the lake and that the lake did not smell. He pointed out that the possibility of the lake flooding is of main consideration. Lake level 873 would not cause any problems. Dr. Westover stated that a foot drop in the level would not be critical because the lake had never been as high as it is now. He feels that the Village must take positive action and that the project must be looked at objectively. Mr. Ron Smith, 2357 Swan Drive, stated that he is in favor of the project and asked if the majority of trees around the lake will be saved. 0r. Bill Allen replied that the majority of the trees will be saved. Mayor Huber pointed out that some agreement must be made on the lake level so that an application can be made to the Department of Natural Resources and so that the project can proceed. He cautioned that when I-35E is completed, some type of level control will be imperative due to the amount of run—off water from the highway. 0r. Dale Peterson asked the elevation of the lake in previous years and Mr. Eng stated that according to a survey in I966 the level was 873.2 and that more recently the high water level was 872.2. The highest reported high water level has been 874.5 which is the present level. 0r. Gil Schlagel, 2351 Swan Drive, stated that he opposes any lowering of more than six inches. Page 86 August 29, 1973 Dr. Westover pointed out that it is a matter of keeping the water from flood stage, not preserving it for high water. Mayor Huber asked Mr. Kishel for additional cost figures for the alternate outlet route as opposed to the original route. 0r. Kishel stated that the original proposed cost for the project was $143,000 and that to use the alternate route based on the earlier construction figures the cost would be approximately $149,300. He added that an additional approximate 5% would have to be added to the figures due to construction cost increases since the original estimate. In his way of thinking, it would not be practical to utilize the alternate route, in view of the added costs. Mayor Huber stated that over the years there has been bitterness about the project, because it originally mould have beoefittod only three people. He asked that everyone try to realize that they will actually be making a personal investment in their homes because of the lake -- land values will most probably increase due to the enhancement of the area. He requested that everyone work together to achieve the common goal. Ed Kishel stated that the preliminary thinking for a control structure would allow for eight to ten inches of rise during certain storm conditions and the Village must be careful not to establish a high water level. 0r. Richard Bjorklund, 1260 Dodd Road, stated that he has as large an interest in the project as anyone. He remarked that any improvement to the lake will benefit all of the property owners in the assessment area. He felt that the Wagon Wheel Trail Association is requesting the - impractical and is trying to force the maximum high water level on the Village. He urged the Association to reconsider so that the project can be started. Councilman Lockwood stated that he thought that all concerned with the lake realize that there would be an additional storm water impact due to runoff from the new highway when it is built. He asked if all concerned realize that in times of spring runoff and heavy rain storms the lake level will continue to rise. Mayor Huber pointed out that at the May 23 public hearing, there was substantial agreement that something should be done. He stated that bt the level of 875, during storms Page 87 August 29, 1972 and with runoff the lake level could conceivably be 874. He stated that he would not care to see the Villpge Council make a/r000mmendotion to the Department of Natural Resources but that based on the input at the meeting he felt that 873 should be recommended. Councilman Wahl asked the members of the audience requesting a level of 874.5 if they would reconsider that figure on the basis of information presented at this meeting. Mr. Dale Peterson stated that he felt 874.5 would be the only acceptable level in order to compensate for slack conditions during dry years. Orvil Johnson noted that nothing had been stated about the introduction of a new supply of water into the Interstate Valley as a result of the level control project. Councilman Gutzmer stated that he is concerned that the people on the petition might request a public hearing from the Department of Natural Resources. Mr. Eng stated that a public hearing would involve an administrative decision by the Department of Natural Resources. Mr. Charles 0ertensotto, 2371 Rogers Avenue, stated that everyone has a valid reason for supporting their suggested levels but that if the Department of Natural Resources holds a public hearing someone will have to bear the burden of the cost of the hearing and the added engineering costs and planning costs. He asked the objectors to level 873 if they would be willing to expend money for the additional costs. Mrs. Gerald Nelson answered yes. Mayor Huber asked 0r. Eng what procedure to follow in making application to the Department of Natural Resources. 0r. Eng stated that an application with a suggested level and plans and specifications should be submitted to the DNR. Councilman Gutzmor suggested that a committee be formed to meet with the DNR. Mayor Huber stated that if an application is made and is denied because of disagreement on the level, approximately $6,000 will have been expended foolishly. At the hearing, those affected by the project asked the Council to do everything it could to assist the residents. No objection Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 METRO SEWER CHARGES ADJOURN Ayes: 5 Nays: 0 ATTEST: Page 88 August 29, 1972 was made to any detail costs at that time. Stakes for the proposed level were pounded at points around the lake so that the residents could visualize the new level. He asked the petitioners to reconsider their suggested level of 874.5. Mayor Huber moved that an application be made to the Department of Natural Resources for lake level 873.0. Councilman Gutzmer seconded the motion. Mayor Huber moved to amend the motion to include instructing the Village Engineer to prepare the minimal plans and specifications required by the Department of Natural Resources. Councilman Blair seconded the motion. Mayor Huber asked Mr. Strong to report back to the Council on the status of the Country Club's resolution to the Village and Mr. Strong stated that an annual meeting will be held in December and that the Village will be kept informed on the matter. Mayor Huber thanked the audience for participating in the meeting. Councilman Lockwood moved adoption of Resolution Number 509, "RESOLUTION APPEALING AND PROTESTING I972 METROPOLITAN SEWER BOARD CHARGES." Councilman Blair seconded the motion. Ayes: 5 Nays: 0 There being no further business to come before the Council, ,Councilman Blair moved the meeting be adjourned., Councilman Gutzmer seconded the motion. Time of Adjournment: 10:52 P.M. k—Treasurer