ROCHESTER, Minn. (KIMT) - The Friends of Silver Lake group has appealed a Rochester Historic Preservation Commission decision approving the removal of the Silver Lake Dam and major changes to Silver Lake Park.
The group filed the appeal challenging the commission's July 28 approval. Friends members say they believe the commission failed to hold a required public meeting under the city's development code, limiting residents' opportunity to speak directly to commissioners before the decision.
Members of the Friends leadership team said the group filed the appeal within days of the commission's decision and paid a $510 appeal fee out of their own pockets.
"We've always felt that there hasn't been a lot of public involvement, opportunities for the public to talk about it, to understand what's happening, to voice their opinions," Friends Leadership member Dave Morrill said.
The appeal will require the Rochester City Council to hold a public hearing on Sept. 9 at 6 p.m. during its regular council meeting.
Friends members said the hearing gives the group another opportunity to bring residents together and voice concerns about the project.
"The appeal process involves a public hearing at the council," Morrill said. "So we decided we'd like to appeal it because we can then invite our friends, other people in the community that feel similar to us, that this is a historic treasure in our town."
The Friends of Silver Lake describes itself as an informal group of Rochester residents working to preserve the historic character of Silver Lake Park. Members said they have several hundred names on their contact list and believe the broader number of residents who oppose changes to the lake could be in the thousands.
The proposed Silver Lake Sediment Removal and Dam Modification Project would remove the existing low-head dam and replace it with an upstream water-control structure and a series of engineered rock arch rapids.
The broader project also includes sediment removal from the flood-control channel, trail improvements around Silver Lake and eventually a pedestrian bridge near Broadway Avenue.
City officials have said the project is intended to provide several benefits, including improved recreation, flood control and environmental restoration. The redesigned area would also allow fish passage and reconnect the South Fork Zumbro River.
Friends members argue the project would permanently alter Silver Lake Park, which is designated as a local landmark.
One of the group's primary concerns is the loss of several acres of the lake.
"Our concern is the change in the park and the lake," Morrill said. "We're altering some four to five acres of the lake, which is a defining characteristic of the park."
The member said the lake was created in the 1930s to provide recreation for Rochester residents and argued that losing part of the lake would change one of the park's defining features.
"The dam creates the lake," said Morrill. "The dam may not be historic, but certainly something here to create the lake is."
The Friends also alleges that city staff have provided inaccurate, incomplete or misleading information to residents and the City Council over the course of the project's development.
One member said the group has identified roughly 10 examples of what it considers problematic information.
Among the group's concerns are statements it says the city has made about the dam's original purpose, age and safety.
Friends members dispute the city's characterization of the dam as unsafe and argue the structure has operated for decades without the types of incidents they say would demonstrate an immediate safety threat.
The group also questions statements that the dam is nearing the end of its useful life.
"There's many more concerns, but those are some of the more glaring ones that jump out," said Friends Leadership member Greg Munson.
The members said they plan to discuss their concerns about the city's information and the historic preservation process during the Sept. 9 public hearing.
"We'd like to see them, number one, go back to the community and get more input from the community, be more open, more understanding of the true facts," Munson said.
City officials previously told KIMT the Silver Lake project has gone through state, federal and local historic preservation reviews.
Officials said those reviews concluded the project would not adversely affect protected historic resources.
City officials have also said the existing dam presents safety and maintenance concerns and that replacing it with a redesigned water-control structure would provide environmental and recreational benefits.
The city has described the project as more than a whitewater recreation project, pointing to fish passage, flood-control improvements, trail connections and other changes intended to provide long-term benefits to the community.
The Friends disagrees with the city's assessment and says it has offered to work with city officials on alternatives.
"We've offered to sit down with the city many times to try and look over some options and things we've proposed," said Morrill.
The Friends of Silver Lake is asking residents who share its concerns to attend the Sept. 9 City Council meeting and participate in the public hearing.
The group is also planning a rally in the Chamber Rotunda at 5:30 p.m., before the council meeting.
Members said their preferred outcome would be for the city to slow the process, gather more public input and consider additional information and alternatives before moving forward.
"We would just like to see them say: 'Well, maybe we should slow down a little bit here and just wait for a little more information'." Munson said.
The group also says the final cost of the project remains a concern and wants residents and council members to have a clearer understanding of the project's eventual price.
The City Council will have the opportunity to consider the appeal during the Sept. 9 public hearing.