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| Post Number: 21
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sumpdump 
Group: Members
Posts: 559
Joined: Mar. 2005
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Posted on: Apr. 22 2009,6:23 am |
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The dam is still owned by the state, the land around the dam was owned by a private land owner. Since this land owner owend property on both sides of the dam, the dam was left in place to gain access to the other side of the dam. This land owner never claimed to own the dam. When the dam was to be taken out, moved, the county, state still had to provide access to the other partial of land on the east side of the river. To my understanding this had been negotiated, but fell through your board after they cut out Harvey Miller. The only people keeping anyone off the shell rock, are your elected officals and board members draggin their feet and arguing amognst their selves. Now that Jensen owns it, well I hope he puts up a good front and plays the game and keeps everyone out just for the fact that everyone thinks they should have access to it.
You want access to the river, think you should have the right to go on the land to get there, well pay for it just like other had to do. Hell I would love to have access to school section lake, but you know what, someone owns private land all around it, and I can't afford to buy any to get access to it, so tough titty for me.
End rant.
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The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis.
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| Post Number: 22
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| Post Number: 23
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sumpdump
Group: Members
Posts: 559
Joined: Mar. 2005
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Posted on: Apr. 22 2009,11:27 am |
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Oh wow. I guess that didn't register in my melon. I knew he owned the land, but I missed that part where he claimed to own the dam.
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The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis.
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| Post Number: 24
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Botto 82
Group: Members
Posts: 6293
Joined: Jan. 2005
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Posted on: Apr. 22 2009,12:09 pm |
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(hymiebravo @ Apr. 21 2009,7:54 pm)
QUOTE If your goal is to promote recreation and clean waterways. You really need to persue these types of things, that promote the lakes and the outdoors.
You are dealing with quite a backlog of neglect and apathy, that you have to battle against.
Bold measures are needed to counteract that, and garner attention, enthusiam and support, to acheive that end.
Forget about it. There just isn't that kind of money out there anymore, with that new jail and high school to pay for. Add to that the worsening economy, and tax-and-spendocrats like Brown and Sparks on the loose, and you're not going to come up with the kind of capital necessary to reverse decades of Wilson effluent and people dumping their old cars in the lake, ag runoff, and so on.
You could blow the dam and let nature take its course with the old lake bed, but that's probably a little TOO bold for most.
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Dear future generations: Please accept our apologies. We were rolling drunk on petroleum.
- Kurt Vonnegut
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| Post Number: 25
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Madd Max
Group: Members
Posts: 1345
Joined: Aug. 2003
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Posted on: Apr. 22 2009,5:46 pm |
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Old dam agreement discovered
Staff
Published Sunday, November 11, 2001
The ambiguous legal situation of the Albert Lea Lake Dam, which has been delaying the crucial dam restoration project, was cleared up Thursday when the county found the original document stipulating the right of the county to access to the dam.
Sunday, November 11, 2001
The ambiguous legal situation of the Albert Lea Lake Dam, which has been delaying the crucial dam restoration project, was cleared up Thursday when the county found the original document stipulating the right of the county to access to the dam.
The origin of the problem goes back to 1958 when the county decided to gave a portion of old County Road including the bridge over the dam to landowner C. D. Palmer. The easement right for access immediately became an issue when the dam was constructed in 1922 and needed to be improved for maintaining the water level of the lake.
The solution came from a family member of Palmer who visited the County Attorney's Office with a county board declaration issued to Palmer.
The document, signed in October 1958 by the chairman of county board, T. C. Nelson, and County Auditor Robert D. Hanson, says the county would reserve the right of access to the dam and turn over a portion of old County Road 19 to the landowner "as a private road or for whatever purposes he chooses that does not interfere with the operation of the remaining portion of said County-State Aid Highway No. 19."
County Attorney Craig Nelson told County Board Chair David Mullenbach and Administrator Ron Gabrielsen about the document last week.
"The legal concern is all clear now for the county to start the project," said Nelson.
County officials want to restore the outdated structure on the lake's south end, but ownership of the dam has been unclear since 1958. The project could cost more than $240,000.
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Heck, if crazy were a pre-existing condition, the GOP wouldn't be able to get insurance. James Carville
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| Post Number: 26
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| Post Number: 27
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hymiebravo
Group: Members
Posts: 4989
Joined: Jan. 2006
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Posted on: Apr. 23 2009,3:37 pm |
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(Botto 82 @ Apr. 22 2009,12:09 pm)
QUOTE
(hymiebravo @ Apr. 21 2009,7:54 pm)
QUOTE If your goal is to promote recreation and clean waterways. You really need to persue these types of things, that promote the lakes and the outdoors.
You are dealing with quite a backlog of neglect and apathy, that you have to battle against.
Bold measures are needed to counteract that, and garner attention, enthusiam and support, to acheive that end. Forget about it. There just isn't that kind of money out there anymore, with that new jail and high school to pay for. Add to that the worsening economy, and tax-and-spendocrats like Brown and Sparks on the loose, and you're not going to come up with the kind of capital necessary to reverse decades of Wilson effluent and people dumping their old cars in the lake, ag runoff, and so on. You could blow the dam and let nature take its course with the old lake bed, but that's probably a little TOO bold for most.
Well there should be funds available via the watershed sales tax, and various other government funds. As partially evidenced by MADDOG there. As well as the "carp zapper", that was put in place at Pickeral Lake, which was in the news as of late.
That was only about $250,000 was it? lol
It really is amazing how long the discussion as to what should be done there has went on. That quoted newspaper article was from 2001?
I would imagine that as long as the lake was being used as a waste sewer. Public interest in that dam was very low. And nobody really cared about it.
I find it amazing how people still to this day use the lakes as garbage dumps. As evidenced by the shorelines. As well as further up the banks as well.
One dividend that opening that dam area up for recreation could provide. You would have more people out that way, who might deter some of these folks who like to throw their garbage out on lake shores.
I think that combined with some sinage around the lakes, that area in particular, could help too.
ALEDA has their little signs around. Why not the watershed?
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| Post Number: 28
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Madd Max
Group: Members
Posts: 1345
Joined: Aug. 2003
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Posted on: Apr. 24 2009,8:17 am |
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(hymiebravo @ Apr. 23 2009,3:37 pm)
QUOTE It really is amazing how long the discussion as to what should be done there has went on. That quoted newspaper article was from 2001?
Ownership dispute delays dam solution
Staff
Published Tuesday, October 23, 2001
It seems natural to believe every bit of land and every structure across the county is under somebody's ownership.
Tuesday, October 23, 2001
It seems natural to believe every bit of land and every structure across the county is under somebody's ownership. But a dam at the outlet of Albert Lea Lake seems to be an exception: Nobody claims to own it.
The ambiguity of the ownership has been stalling the restoration of the 89-year-old dam for years. The county aims to get things straight before the neglected structure causes more damage to the basin and lake.
The Albert Lea Lake Dam is at the south end of the lake where the water pours into the Shell Rock River. A 57-foot-long spillway holds the lake about two feet higher than the river surface. The dam has been abandoned for a long time and is too obsolete to maintain the water level of the lake.
The current dam was constructed by the county in 1922 under a County Road 19 bridge. The original structure had existed since late last century. There was no requirement to obtain a permit from the state to build a dam in those days.
In the late 1950s the county road was relocated toward the lake. Then the county board passed a resolution in 1958 to hand over the portion of the road including the bridge to a private landowner.
The ownership problem came up as early as the 1960s, when the county started arguing the overhaul of the dam.
State statute stipulates that the owner of a dam constructed before the state regulation was applied must maintain and operate the dam in a manner approved and prescribed by the Department of Natural Resources (DNR).
The state law also demands the state to take over the control of an abandoned dam owned by a private entity.
The county considered either the state or the landowner was to be responsible for the restoration.
But in the state's opinion, the county retains the possession. A document issued by State Assistant Attorney General Matthew B. Seltzer in August 1999 said, "All of the facts that have been presented to me indicate that the dam was built by a public agency and it continues to be owned and controlled by that public agency."
The ownership argument stems from the problem of money and the question of who is going to pay for the restoration.
The estimated cost for the project is $240,000 according to the DNR.
If the state owned the dam, the DNR would have full responsibility for funding. If it were a landowner's possession, the landowner would have to fix the dam with financial support from the state. If the county were the owner, an available grant from DNR would cover only half of the cost and the county would have to raise at least $120,000 from local property taxes.
The restoration seems urgent.
If the dam were to collapse, the water would infringe the vast crop land in the Shell Rock River basin. The shallow depth of Albert Lea Lake is another concern. If the water would escape from the outlet, most of the lake bottom would come up to the surface.
The old dam also threatens the ecosystem of the lake.
Randy Tuchtenhagen, of county environmental services, points out the obsolete structure does not equip a system to control the water level of the lake. The drastic frustration of the water level affects water quality and living environment for aquatic animals.
The shape of the spillway allows "rough fish" such as carps to jump over the two-foot rise from the river to the lake. Rough fish monopolize the water vegetation and scare other fish. They also wind up the mud and worsens the water quality, according to Tuchtenhagen.
The county board has asked County Attorney Craig Nelson to conduct a survey to identify the legal owner of the dam and report it to the county board.
this shows that as far back as 1999 the state has ruled that the County has control of the dam.
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Heck, if crazy were a pre-existing condition, the GOP wouldn't be able to get insurance. James Carville
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| Post Number: 29
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Blackwell
Group: Members
Posts: 82
Joined: Jun. 2007
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Posted on: Apr. 27 2009,1:00 pm |
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So what do people really think??
Locals speak out at county meeting
The following are comments made by local residents on the proposed bridge-dam project during the Tuesday meeting of the Freeborn County Board of Commissioners. It would have had a variable-crest dam. The plan had been approved 4-3 in August by the Shell Rock River Watershed District Board of Managers, but it was rejected Tuesday by the commissioners 3-2:
Larry Anderson, president of the Fountain Lake Sportsman’s Club, said the club favors the plan as approved by the watershed district. He said it is more hazardous for inspections of the dam in its present place, and he added it is safer for fisherman to have a parking lot than to park on the side of the road.Anderson also is a candidate for Albert Lea City Council.
Ken Nelson has lived in Albert Lea Lake for 58 years. He said has worked on improving the lake and many people have worked for years on the proposal that became the bridge-dam project before the county Tuesday. He said they have documented damage to the shores of the lake by winter ice and by floods. He said 18 years of progress is being trumped by one man, Greg Jensen, who Nelson said has a desire for his own private domain.
“If ever there was a pursuit of action, the time is now,” Nelson said.
Michael Kenis also lives on the lake. He said he has seen the shoreline taken by the ice. He said when the Albert Lea sewer plant operated at Frank Hall Park, it created an ice buckle in the lake, which relieved pressure on the shore. When that plant shut down, the ice began pushing against the shores.
He said the Department of Natural Resources initially said that is what happens to a prairie lake, but the University of Minnesota did research and confirmed it is a glacial lake.
“Whatever dam goes in, it needs to protect the shoreline,” Kenis said.
He said there is some soil runoff from farm fields, but “the biggest erosion is coming from its own shoreline.”
Kenis said the variable aspect of the crest of the dam would allow for the killing of Asian carp. He said a variable-crest dam is in the best interest of lakeshore owners.
Tony Trow lives on Fountain Lake. He said he has participated in the effort to clean lakes and approve a half-cent sales tax, some of which was to help pay for the dam.
“The Albert Lea Lake plan was drafted by a broad, coalition of Freeborn County citizens,” he said.
The plan for the bridge-dam would help control fish, provide a safe spot for fishing and a launch for canoeists, Trow said.
“Now there’s been a change in ownership that is threatening to unravel these painstaking and extensive plans,” he said.
He said people are unable to travel the river from the lake and asked for using eminent domain to make access safe.
“What we do on that dam is another 100-year project,” Trow said.
Carol Bartleson of Albert Lea said her concern is the issue with Jensen is clouding the judgment of the commissioners on doing the right thing.
“He is now holding you guys hostage,” she said.
She said the actions taken by the county will affect future generations.
“Do the right thing today. Think of your children and grand-children,” Bartleson said.[/B
][B]Don Sorensen of Albert Lea said he has spent 35 years canoeing the rivers of America.
“We have got a resource here that is not recognized or understood,” he said.
He called for three things:
1. public access to the river
2. a carp barrier
3. a variable-crest dam.
He added he would be happy to get arrested for crossing the dam in a boat.
All the comments came before the commissioners took action. Sorensen said if the plan is rejected, “I recommend the Shell Rock River Watershed District zip up its purse and walk away from this project.”
Former watershed district board member Harley Miller spoke. He said the dam could have been done last winter if the county hadn’t gotten involved to combine the dam project with the bridge project. He voted against combining the two because he said it could complicate matters.
“At this time I can stand here and look you right in the eye and say I told you so,” Miller said.
He said the watershed district legally can’t pay Barr Engineering for drafting the plans, the county will have to. And he said the Army Corps of Engineers needs to grant a permit for moving the dam and that would need a hydrographic study. He said there are fewer problems with keep the dam in its present position.
Miller said matters become complicated when two boards are involved.
“The lines of authority are pretty cloudy to me,” he said.
And he added the Shell Rock River Watershed District is not authorized to spend its funds on recreational amenities such as fishing spots or parking lots.
Former Commissioner Dave Mullenbach said he voted in 2003 on the comprehensive plan for Albert Lea Lake.
“This is a lifetime opportunity to close this ownership issue forever,” he said.
He said the public overwhelmingly supports cleaning the lakes and the bridge-dam plan. He said the commissioners should approve the project for the sake of the Freeborn County people.
“If you don’t do the right thing and responsible thing, I don’t think you deserve to sit in those chairs,” Mullenbach said.
Roger Nelson said he agrees with what other people said. He said in 1995 people had talked about doing something about the dam and now there is finally projess.
Gordon Jensen spoke against it. He lives near the dam, and he said he doesn’t want noise from parties in the parking lot.
He said he doesn’t mind a variable-crest dam but don’t lower the water level for good when building the new dam. He said Fountain Lake needs to be addressed, too.
“You boys have the cart in front of the horse,” he said.
Scott Hanna leads local boys on canoe rides down the Shell Rock River. He said he always requested permission from former landowner Lloyd Palmer and now has received permission from new landowner Greg Jensen.
Hanna said he has concerns about access to the river. He said kids travel to Freeborn County from northern Iowa and southern Minnesota for the local waters.
“If you had access to the Shell Rock River, I guarantee you there will be more use of the public waterway,” Hanna said.
Marlys Webber lives on Albert Lea Lake. She said she agrees with the supporters of the project.
Albert Lea-Freeborn County Chamber of Commerce Director Randy Kehr said the chamber’s board favors public access on the Shell Rock River.
“Our waters are extremely important to us,” he said.
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The Democrats are the party of government activism, the party that says government can make you richer, smarter, taller, and get the chickweed out of your lawn. Republicans are the party that says government doesn't work, and then get elected and prove it. J.P. O'Rourke
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| Post Number: 30
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Madd Max
Group: Members
Posts: 1345
Joined: Aug. 2003
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Posted on: Apr. 30 2009,11:33 am |
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City. 19 to close for bridge replacement
Motorists who like to take Freeborn County Road 19 will have to go another way starting Monday.
Contractor Minnowa Construction of Harmony will begin working on removing the 104-foot timber bridge over the Shell Rock River at the outlet of Albert Lea Lake, according to the Freeborn County Highway Department. The bridge — often called the Jugland Bridge — is held up with old timber pilings, and engineers have concerns about rotting wood.
A new 120-foot, three-span, concrete-slab bridge will take its place. The contract price tag is $720,000, paid mainly with bridge bonding funds.
The bridge replacement had been the subject of much controversy last year — particularly in September and October — as Shell Rock River Watershed District officials had intended to partner with the county government on a joint bridge-dam project.
On Oct. 7, the Freeborn County commissioners on a 3-2 vote shot down that plan after a heated and emotional public hearing, even though in January 2007 they unanimously favored drawing up plans for a bridge-dam. In October, the opposing commissioners said they were nearing a separate deal for the 86-year-old dam with new adjacent landowner Greg Jensen. That deal remains to be unveiled
County Engineer Sue Miller had told county and watershed leaders that if the bridge-dam project fails, the county needed to pursue replacing the bridge without a new dam. The creosote had worn off the timber pilings supporting the County 19 bridge at the lake’s outlet and the wood was rotting, she said in October.
The detour route for County 19 will be County 81, County 84 and County 26. The construction work should last about 2 1/2 months if there are no weather or material delays.
So the bridge will be fixed soon.
But:
Still we have no word on when the Dam will be replaced 
Still we have no word on an agreement with Mr. Jensen
Still we have no word on what the total cost will be to replace the dam
Do we even have a blue print or design for a new dam at its original site
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Heck, if crazy were a pre-existing condition, the GOP wouldn't be able to get insurance. James Carville
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