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Devils Lake mayor Dick Johnson was not his usual jovial self at Monday’s special meeting of the Devils Lake City Commission.
There were only two items on the agenda for the noon meeting in City Hall; embankment land acquisitions and water issues.
Both very serious matters for Devils Lake.
Embankment land acquisitions
Assessor and Building Official for the city, Gary Martinson explained that everything had been done in order to obtain the properties needed to complete the Phase 2B of the Embankment Raise Project. Two remained and according to Martinson, would not be coming to a conclusion. Up against its deadline the city had little recourse but to condemn the properties. City Attorney Tom Traynor explained the process. The commission must deposit with the Clerk of Court the amount both properties were assessed plus 25 percent more. Then the case is turned over to a judge who rules on the condemnation. Once a judge rules on the matter, the city would then acquire title to those properties.
“We have to certify that we have all the properties we need for this phase by Friday in order to meet the deadline set with the Corps of Engineers,” Martinson explained.
Another piece of property, which was owned by Otter Tail Power Company, was transferred to the city with the power company donating it for the embankment project.
More property needs to be acquired for other phases coming up, but these were the most critical at this phase of the project.
Water issues
Mayor Dick Johnson said he was distressed because the state geologist was only now going to the Tolna Coulee to do new tests and samplings to respond to Johnson’s request submitted in May.
The request asked the state to revisit the establishment of 1,458 as the level where Devils Lake would spill out naturally through its outlet at the Tolna Coulee.
Their premise was that the level goes back to before statehood.
But Johnson, the commission and many others who live in the area are challenging the validity of that decision. Therefore as mayor he and the commissioners asked the state to take another look at the science behind setting 1,458 as the natural level of the coulee.
“It’s taken them two and a half months to begin this. Now we are informed it would be another two and a half months to get the results of the tests they plan to do tomorrow,” Johnson said, exasperated.
“We still haven’t heard back from some of the letters we’ve sent requesting reviews of previous decisions,” Johnson said.
“It’s frustrating. We’ve got to get moving on this in 2011, it can’t wait another year. Obviously they don’t consider this an emergency.”
Mike Grafsgaard told the commissioners about a conference call he’d had with the State Water Commission and officials all along downstream, including Canada. They talked about the concerns they have about the gravity outlet the city is favoring.
Commissioner Tim Heisler asked several questions about what the Corps is planning for the control structure and their timeline.
“When is something going to be done to help this community?”
Apparently they are planning to break ground some time in September, work through the winter with a completion date of March so it would be in place by the 2012 spring runoff. Grafsgaard said the plans for that are 80 percent completed but still needs to be reviewed. He figured it might be completed by the end of July.
Mayor Johnson reminded the commission that it is the city’s position that they are not going to let the Corps build on the city’s property on the Tolna Coulee but he did say that they could force the issue. He asked Grafsgaard to work extra hard on the city’s plans for their gravity outlet, even if he needs to get extra help to accomplish the other projects ahead. “This is a priority. Anything that you can do to expedite the gravity outlet would be in our best interest.”
He suggested the city meet in executive session with their lawyers from Faegre and Benson as soon as it’s possible to arrange to discuss their next move.
Devils Lake mayor Dick Johnson was not his usual jovial self at Monday’s special meeting of the Devils Lake City Commission.
There were only two items on the agenda for the noon meeting in City Hall; embankment land acquisitions and water issues.
Both very serious matters for Devils Lake.
Embankment land acquisitions
Assessor and Building Official for the city, Gary Martinson explained that everything had been done in order to obtain the properties needed to complete the Phase 2B of the Embankment Raise Project. Two remained and according to Martinson, would not be coming to a conclusion. Up against its deadline the city had little recourse but to condemn the properties. City Attorney Tom Traynor explained the process. The commission must deposit with the Clerk of Court the amount both properties were assessed plus 25 percent more. Then the case is turned over to a judge who rules on the condemnation. Once a judge rules on the matter, the city would then acquire title to those properties.
“We have to certify that we have all the properties we need for this phase by Friday in order to meet the deadline set with the Corps of Engineers,” Martinson explained.
Another piece of property, which was owned by Otter Tail Power Company, was transferred to the city with the power company donating it for the embankment project.
More property needs to be acquired for other phases coming up, but these were the most critical at this phase of the project.
Water issues
Mayor Dick Johnson said he was distressed because the state geologist was only now going to the Tolna Coulee to do new tests and samplings to respond to Johnson’s request submitted in May.
The request asked the state to revisit the establishment of 1,458 as the level where Devils Lake would spill out naturally through its outlet at the Tolna Coulee.
Their premise was that the level goes back to before statehood.
But Johnson, the commission and many others who live in the area are challenging the validity of that decision. Therefore as mayor he and the commissioners asked the state to take another look at the science behind setting 1,458 as the natural level of the coulee.
“It’s taken them two and a half months to begin this. Now we are informed it would be another two and a half months to get the results of the tests they plan to do tomorrow,” Johnson said, exasperated.
“We still haven’t heard back from some of the letters we’ve sent requesting reviews of previous decisions,” Johnson said.
“It’s frustrating. We’ve got to get moving on this in 2011, it can’t wait another year. Obviously they don’t consider this an emergency.”
Mike Grafsgaard told the commissioners about a conference call he’d had with the State Water Commission and officials all along downstream, including Canada. They talked about the concerns they have about the gravity outlet the city is favoring.
Commissioner Tim Heisler asked several questions about what the Corps is planning for the control structure and their timeline.
“When is something going to be done to help this community?”
Apparently they are planning to break ground some time in September, work through the winter with a completion date of March so it would be in place by the 2012 spring runoff. Grafsgaard said the plans for that are 80 percent completed but still needs to be reviewed. He figured it might be completed by the end of July.
Mayor Johnson reminded the commission that it is the city’s position that they are not going to let the Corps build on the city’s property on the Tolna Coulee but he did say that they could force the issue. He asked Grafsgaard to work extra hard on the city’s plans for their gravity outlet, even if he needs to get extra help to accomplish the other projects ahead. “This is a priority. Anything that you can do to expedite the gravity outlet would be in our best interest.”
He suggested the city meet in executive session with their lawyers from Faegre and Benson as soon as it’s possible to arrange to discuss their next move.
