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
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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.
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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.
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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
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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