01-27-14 Council Packet - Laserfiche WebLink

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CITY COUNCIL AGENDA ITEM 3C STAFF ORIG INATOR: Jeff Karlson MEETING DATE: January 27, 2014 TOPIC: White Bear Lake Water Level Lawsuit VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider Lino Lakes’ participation in a Joint Powers Agreement to create a formal coalition to intervene in the White Bear Lake Restoration Assn. v. State of Minnesota lawsuit. BACKGROUND The White Bear Lake Restoration Association filed a lawsuit alleging that the Minnesota Department of Na tural Resources (DNR) violated the Minnesota Environmental Rights Act by increasing municipal water a ppropriation s permits for a number of cities near White Bear Lake, which has resulted in increased groundwater pumping from high -capacity wells that have c aused a lowering of the water level of White Bear Lake. The following ten cities were named in the lawsuit: Centerville, Columbus, Forest Lake, Hugo, Lino Lakes, Mahtomedi, North St. Paul, Vadnais Heights, White Bear Lake, and White Bear Township. On Jan uary 6, representatives from these ten cities met to discuss the feasibility of entering into a joint powers agreement to intervene in the lawsuit in order to protect the cities mutual interests and its ability to supply municipal water. This would involv e retaining and paying for legal counsel, engaging and paying for scientific experts, and establish ing a method to determine tactical decisions with regard to the lawsuit. Most of the cities brought their legal counsel to the January 6 meeting, so there was much debate about the best course of action and potential cost for a legal defense. The representatives did agree on a proposed cost allocation for cities voting in favor o f intervention in the lawsuit. The cost share would be a percentage based on 50% of each city’s population and 50% of total gallons of water pumped in 2012. The cost estimate for Lino Lakes would be about $15,000 if every city participated and the expenses amounted to $100,000. The cities agreed to bring the idea of forming a c oalition to their councils for consider ation. Forest Lake, Hugo, Mahtomedi, and North St. Paul have already declined to participate. If Lino Lakes elects not to participate, Vadnais Heights will likely drop out as well since they established a 60% partic ipation requirement on the basis of the combined population/water usage totals of all ten cities and a $125,000 expenditure cap. At the current participation numbers, Lino Lakes cost share would be over $30,000 if expenditures reached $125,000. R ECOMMEND ATION Staff is seeking direction from the Council.