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BMLM19950908,-. -, - BIG MUSKEGO LAKE/BASS BAY PROTECTION & REHABILITATION DISTRICT MINUTES OF SPECIAL MEETING HELD FRIDAY, SEPTEMBER 8, 1995 The meeting was called to order at 7:20 P.M. by Chairman De Angelis. Also present were Commissioners Rasmussen and Sanders, and City Clerk Marenda. Deputy Commissioners Leonard Pilak, Ed Herda, Jeff Kreiser, Lawrence Schweitzer, and Sue Sorenson were also present. Chairman De Angelis stated that a quorum of the commissioners did not need to be present to hold an annual meeting or special meeting of the lake district. City Clerk reported that the meeting was noticed in accordance with the Open Meeting Law. Leonard Pilak moved to approve the minutes of the August 28, 1995 Annual meeting. Seconded by Mr. Kreiser, motion carried. Chairman De Angelis stated under Unfinished Business was action on the motion to stop the drawdown. Chairman De Angelis reviewed voting eligibility. There were no questions brought forward regarding voting. Chairman De Angelis reviewed the events of the August 28, 1995 meeting. There was a motion made to stop the drawdown of Big Muskego Lake. The motion was seconded. The issue was debated. A motion was made to table the issue to a special meeting. The motion was seconded and carried. That motion is still on the table. Someone needs to make a motion to bring that off the table. That motion will need a second. The motion to bring the issue off the table will not be debatable. There will simply be a vote. When we get to the point where voting will take place to accept the drawdown, or discontinue the drawdown, that motion is debatable. Anyone wishing to speak on that motion will be limited to three minutes due to the large crowd present. A majority vote will be the deciding factor as the motion was noticed to the electorate. Chairman De Angelis asked if there were any questions. There were none. Mr. Slocomb moved to bring the item off the table. Seconded by Deputy Commissioner Pilak. Chairman De Angelis explained that a majority vote would decide if the motion would be taken from the table or not. If a "no" vote is carried, there would be no action on the motion; the drawdown would move forward. Chairman De Angelis called for a vote by a show of hands. The vote could not be determined by a show of hands and the Clerk distributed ballots to qualified voters. The Mayor gave the voting results: 96 "Yes" and 138 "No." The motion was not brought back to the floor and it was not debatable. New Business Chairman De Angelis stated that the item to discuss compensation for loss of business during drawdown was requested to be placed on the agenda by concerned business owners on the lake. Mr. Sam Klauser, owner of Hunter's Nest, stated he believes the lake needs some work. He opposes the procedure being used. He expressed concern about the financial impact the drawdown will have on his business. He would like to see something monetary BIG MUSKEGO LAKE/BASS BAY PROTECTION & REHABILITATION SPECIAL MEETING September 8, 1995 Page 2 ,-.. come back to compensate him. He is not the only business owner that is concerned about this situation. Chairman De Angelis stated he was informed after consultation with an attorney that the lake district cannot give any direct compensation to any property owners. The project is a DNR project and not being done by the lake district. Secondly, it is not within the purview of the district to spend money on anything other than rehabilitation, enhancement or management of the lake. At this point, it is speculation that a loss will occur. Sally McNutt commented that what the Chairman stated about loss of business is hearsay. We have not heard the attorney's name or the basis for his position. Chairman De Angelis stated that the attorney's name is Bill O'Connor and he works out of Madison. He has represented the Big Lake district in the past. - Deputy Commissioner Pilak stated an informational meeting will be held October 11 at 7:00 regarding shoreline/channel restoration. The DNR will be present. Mr. Pilak identified some of the issues that will be discussed in the future. Boating lanes need to be established. Also, a group has expressed interest in doing 12 - 14 islands on the Big Lake. Army Corps of Engineering and Ducks Unlimited are involved with this. Mr. Pilak encouraged the membership to be receptive to the suggestions being presented and attend the informational meetings to express any concerns. Mr. Pilak asked if there were any questions. Mary Matiszak stated that Mr. Pilak should state the names of the individuals at Ducks Unlimited and the DNR that he has spoken with. It would eliminate confusion and conflict within the membership of the lake district. Members should be able to contact these organizations and provide input. Mr. Pilak agreed. Gary Stewart asked if the proposed projects were in addition to the drawdown and how they would be financed? Mr. Pilak stated the drawdown is the basic startup for preserving the lake. Management of the lake is ongoing. Monies are available through grants, etc. The membership decides on projects and the costs. Additional details will be available at the informational meeting. Sally McNutt expressed concern about the construction of the islands. Sam Klauser asked if it was possible that the property owners would be assessed additional money in the future as the project progressed? Mr. Pilak stated he does not foresee an increase right now. He cannot say it is not possible. Grant money is not always available. The membership of the lake district makes determinations about the lake and its projects. Remember, this membership directed the deputy commissioners to do something about the lake in 1993. The deputy commissioners did what you asked them to do. - Chairman De Angelis spoke about the lake district's ability to borrow money to pay for projects which can keep assessments from increasing. - - ,- BIG MUSKE GO LAKE/BASS BAY PROTECTION & REHABILITATION SPECIAL MEETING September 8, 1995 Page 3 Mr. Jim Jackley of the DNR encouraged everyone to obtain and read a copy of the Environmental Assessment. The deputy commissioners have copies as well as City Hall. He further stated that Ducks Unlimited contacted the DNR about restoring Big Muskego Lake. They have expressed support regarding the island project. Mr. Jackley stated a similar project was done on Mud Lake near the Minnesota/South Dakota border. It is almost identical to Big Muskego, however, there are no houses on it and no bay. Dan Wilcox of the Army Corps worked on the project. Mr. Jackley provided names of other contact people involved in the Mud Lake Project. Mr. Jackley can be contacted at 878-5616 for more information. The lake district must be in support of the island project for it to proceed. Mary Matiszak asked what the "game plan" for the project is. She stated that if it is to be completed by September of 1996, there must be a timeframe established. The response was that the membership will discuss this at the October meeting. Someone asked about the lake depth and if it will be refilled to its original depth? Mr. Jackely stated it would be refilled to the depth it is right now which is lower than the original depth. Why is the lake not being restored to its original depth? Mr. Jackley responded that thousands of acres and homes would be flooded out. Mr. Randy Schumacher of the DNR talked about the plan for removing the fish from the lake and stocking the lake following the draw down. Mr. Dick Bennett stated fish will be lost when the lake is drained. Mr. Schumacher acknowledged that point. This is unavoidable, however, the fish that are lost will be replaced. Sally McNutt asked how long it would take to drain the lake. She is looking for a timetable. It was stated that Mr. Jackley will address. Mr. Bing asked about the long range effect of Rotenode? Mr. Schumacher stated Rotenode is made up of carbon, hydrogen and oxygen molecules. Tests have not indicated ill effects. Mrs. Bing asked what will happen to all the dead fish. Mr. Schumacher responded we will try to get them out of Bass Bay. In the Big Muskego lake, they may be difficult to get to. The odor problem should be short term but it is unavoidable. Someone in the audience asked how long it would be until people can fish on the lake. Mr. Schumacher responded that there are no plans to close Big Muskego and Bass Bay. Restrictive regulations will be proposed. In response to a question about precautions to prevent carp from getting in from Wind Lake and Little Muskego, Mr. Schumacher stated that a permanent, mechanical barrier will be placed on the dam at Wind Lake. It is impossible to keep all carp out. BIG MUSKEGO LAKE/BASS BAY PROTECTION & REHABILITATION SPECIAL MEETING September 8, 1995 Page 4 - The protective fishing regulations will help. Carp generally do not migrate downstream. There should not be many coming in from Little Muskego Lake. Dan Hesel spoke about the alum treatment on Bass Bay in response to a question from the audience. It is a way to control the algae and improve water clarity. The cost factor of the treatment was discussed with Chairman De Angelis stating that the lake district could apply for grant funds. He stated the grant administrator should be contacted for that information. Jim Jackley spoke about the timetable for the drawdown. It will take about three and one half months. Mrs. Loreen Klauser asked if there were definite starting and ending dates for the project? Mr. Jackley responded that the starting date is Monday (9/11/95) to open the gate. It will take 30 days just to get down one foot. After that one foot, it goes much slower. It takes about 45 days to go down 6". So, through most of the duck hunting season, there will be water. Next fall, there will be waterfowl present. It will be difficult to get out there. Someone present in the audience expressed concern about the fact that more waterfowl would be present. How can the water quality be improved with an increase in the fowl and the debris they leave behind. Mr. Jackley stated that this waste is biodegradeable and will not accumulate on the bottom of the lake. <- Chairman De Angelis stated that all handouts are available in the hall where registration took place. Chairman De Angelis stated that the last item under new business is the discussion of liability as to wells during drawdown. Mr. De Angelis stated that the same holds true for wells as for loss of business. The DNR is doing the project. If any compensation is to be made, it would have to come from them. There would have to be proof that if a well failed, it was directly caused by the drawdown. Mr. Pilak stated that Mark Paulat, the grant administrator, did research this issue. Mr. Pilak stated that the information could be available to the members at the October 11 meeting. Chairman De Angelis stated that the Fall Lake Clean-Up will be held Sunday, September 10 from 10:00 A.M. to Noon. Mr. Pilak can be contacted at 422-0915 for further details. A motion was made and seconded to adjourn at 8:46 P.M. carried. Motion - Respectfully submitted, ~K Ì11~~ an K. Marenda, CMC ~ ity Clerk/Comptroller jmb