Dept. of Health praises Vergas’ protection of city drinking water

By Robert Williams

Editor

Ryan Weibye, of 1156 Frazee Avenue East, had a lengthy conversation with the Vergas City Council and the city attorney regarding lake access from his property, the city easement that was used for construction of the walking/bike trail, the retaining wall and a set of steps to the lake and whether or not Weibye can use golf carts to reach the access.

City Attorney Thomas Winters noted the city would be liable for any accidents if such access was granted in writing.

Weibye stated he is not asking for the city to take on any liability.

The steps were deemed against the county ordinance, according to council member Bruce Albright.

The county has indicated they did not want to issue a permit, but would if the city consented to the stairs.

A June 2022 letter from the county stated it is a misdemeanor violation that must be corrected.

Weibye said he went to court and the judge stated it is a case of not being able to access the portion of Weibye’s property and that he should go back to the city and return to the county with any decision made. The misdemeanor was dropped.

Mayor Dwight Lundgren acknowledged that the only access Weibye is asking for is to get elderly people down to his boat and dock. The only way to do that is to go all the way around to the other end of the bike path and walk around. 

“There is no other way down there unless we cut a path on my property,” Weibye said.

Lundgren stated the issue should be returned to the attorneys.

“We can talk here all night long and get nothing done,” he said.

According to Clerk/Treasurer Julie Lammers, the city also gave the lakeshore management in Vergas to the county.

Compounding the problem is the question of what kind of permit could be issued to allow golf carts on the walking/bike trail.

The easement for the non-motorized trail was granted by the prior owner of the Weibye property Michael and Janelle Goettel.

Weibye’s legal representative asked the council to try to find an outcome where the trail can exist and Weibye can have access to his property without sending it back to the attorneys.

The city cannot provide a revised easement due to the county having lakeshore management jurisdiction, according to the mayor.

The use of motorized vehicles is allowed to install and remove docks.

Multiple options were discussed to provide access to the dock, even by utilizing the parking lot at Long Lake Park and using the trail.

Discussion turned to the retaining wall and the city can use it as is as long as it does not interfere with Weibye’s access to his property.

“I’m saying it does,” he said. “With the dock there and the steps, I can’t get a mower down there or a golf cart.”

Weibye wants to create a path on his property to his dock and not use the trail from the park.

“I’m just trying to figure out a way to keep the steps, make a trail where I can get down there on the side and I don’t have to worry about crossing yours and it gives me access,” said Weibye.

Both Albright and Lundgren reiterated that the county will have to be involved due to the lakeshore management agreement with the city. 

Albright asked for a specific request to be made in writing and submitted to the city. At the same time, Lundgren stated the city will not put anything in writing because of the county’s jurisdiction.

Weibye noted in a two-page letter to the city dated Feb. 5, he made the request in writing:

“This letter is to respectfully request the city’s cooperation with entering into a revised Easement Agreement that reserves my rights to dock and water access on Long Lake via the stairs installed on my property. In addition, while the city has granted me written permission to drive on the trail west of my property to access the dock area, I would like to acknowledge this in the revised Easement Agreement as well. Without being able to drive on the trail to access the land along the lake, I can’t get a mower down the stairs to mow the grass around my docks and lake shore. It also adds a significant level of convenience to haul gas, etc. via a golf cart, which was possible before the construction of the retaining wall.”

Council member James Stenger attempted to get the council to consider a recommendation to allow limited access and send that to the county, but the easement and the county’s lakeshore management authority makes that difficult because of county ordinance.

Also, the county owns the park and the trail; the city leases both.

The circular discussion continued with Albright again suggesting to use the park’s parking lot and the trail. Lundgren restated the lack of authority the city has. Weibye requested the easement be revised, at least to keep the steps as they are to appease the county.

“The point of having access to a lake is that you can get to it,” said Weibye.

Stenger noted earlier in the meeting that he sees golf carts on the trail all the time. Albright reiterated that and said he saw the city lawn mower on the trail. 

The near-hour discussion was good-natured despite not coming to a conclusion.

Weibye will go back to the county and return to continue the discussion at the next council meeting.

Park Board

The council approved a community club request to allow sponsorship banners on the fence of the ballpark. The baseball committee previously granted approval.

The council approved a second community club request to use the ballfield for Looney Days, Hairyman Festival and Small Town Christmas. Tony Sailer of the baseball committee and park board will determine, with the city, on the day of those events if conditions are acceptable and the infield is off limits.

Streets

The council approved authorizing Widseth to advertise for construction bids for the alley parking lot project downtown. 

The council approved budget surpluses from 2024 of $500 from the shop budget and $1,500 from both sidewalks and the recycling site budgets be carried over to 2025 and transferred to the city’s money market account.

Drinking water

A letter to Utilities Superintendent Mike DuFrane from Tom Hogan, Environmental Health Division Director of the Minnesota Department of Health was shared acknowledging the efforts in protecting the city’s drinking water:

“The efforts you and your partners have made in the city of Vergas on behalf of drinking water protection are truly impressive. The enclosed certificate of recognition is one way that we acknowledge this work. The partnerships you have built and the initiatives you have directed to secure the long-term protection of the drinking water supply will serve the community for years to come.

The city of Vergas has taken outstanding initiative in engaging its residents on wellhead protection and local drinking water issues. Making this information available via regular newsletters and a central community display raises awareness about drinking water protection and elevates its importance within the community. Additionally, the city’s efforts to seal over 20 wells in the drinking water supply management area will be integral in preventing contamination to the water supply. Finally, the proactive initiative to install wiring for a generator at the water plant will assure all residents have access to safe drinking water, even during an emergency.

The city of Vergas is a fine example for other Minnesota communities as they seek to safeguard their drinking water quality. Thank you for your efforts and congratulations on your accomplishments.”

Sincerely,

Tom Hogan