08-11-25 - City Council Agenda - Laserfiche WebLink

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Page 2 of 3 5. Water Appropriation Permit Contested Case Appeal The Community Development Director reported that on August 30, 2017, the Ramsey County District Court issued a judgement regarding the groundwater management of White Bear Lake and the Prairie Du Chien-Jordan Aquifer. As a result, the City’s Minnesota Department of Natural Resources (DNR) Water Appropriation Permit 1985- 6168 was amended to include the following requirements: • PREPARE A PLAN TO CONVERT TO SURFACE WATER SOURCE • ENACT AND ENFORCE A RESIDENTIAL IRRIGATION BAN WHEN WHITE BEAR LAKE DROPS BELOW 923.5 • PREPARE AN ENFORCEABLE PLAN TO LIMIT PER CAPITA WATER USE (75 GPD FOR RESIDENTIAL AND 90 GPD TOTAL) • REPORT ANNUALLY ON COLLABORATIVE EFFORTS WITH NE COMMUNITIES TO MEET THE PER CAPITA REQUIREMENTS The City, along with multiple other communities, appealed three of the four amendments and a contested case hearing was held in 2023 before an Administrative Law Judge (ALJ). The ALJ struck the irrigation ban requirement but left the other amendments in place. Both the White Bear Lake Restoration Association and White Bear Lake Homeowners Association appealed the decision. The six communities involved appealed as well. In July the Minnesota Court of Appeals ruled on the appeals and reversed the decision of the ALJ and remanded for further review. The City Attorney recommended that the City ask the Supreme Court to review the decision. Under the Rules any party to a Court of Appeals matter can ask the Supreme Court to exercise its discretionary review power. The Supreme Court does not have to do so. A request is in the form of a Petition for Review, which is a short document highlighting the importance of the case. The Community Development Director requested that the Council place “Authorize the Filing of the Petition for Review” on the July 28, 2025 regular agenda. Council Consensus It was the consensus of the City Council to place “Authorize the Filing of the Petition for Review” as part of the Consent Agenda, on the July 28, 2025 Regular Meeting agenda. 6. City Attorney Notice of Retirement City Attorney Jay Squires provided notice to the City Council that he would be retiring in October of this year. He stated that the City contract is with his firm. He stated that the firm has 20 attorneys and that he has been working with the assigned attorneys to get them up to speed, so they will not miss a step when they become the key contact, after his retirement. Page 13 of 679