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<br />PROPOSAL: A draft letter to DNR Commissioner Sarah Strommen is included in your packet. It is very similar to the one the City submitted in 2018 to contest the four amendments the DNR put on our permit because of the <br />White Bear Lake District Court Order regarding the residential irrigation ban, gallons per capita per day requirements, plan for connection to surface water and annual meetings with other cities to discuss conservation. The letter would be due to the DNR next week in order to fall within the 30 day appeal <br />window. This would start the process of having the DNR assign an administrative law judge to handle the case. The city is not required to be represented by a lawyer since it is an administrative process but staff would recommend we have legal work on this appeal just as they are working on the one from 2018. Similar to how the provisions from the 2018 appeal are not being enforced while the appeal is ongoing, staff would expect the same to apply here. FISCAL IMPACT: Thus far on the White Bear Lake water level issue appeal we’ve spent about $14,000 in legal fees. It’s <br />unknown how much this next appeal may cost in legal fees and reimbursements to the state. These costs are charged to the water fund. <br />OPTIONS: 1. Direct staff to submit a letter requesting a contested case hearing 2. Direct staff not to submit a letter requesting a contested case hearing <br /> RECOMMENDATION: “Motion to approve the letter to Commissioner Strommen requesting a contested case hearing.” <br /> ATTACHMENTS: <br />• January 27, 2023 Denial Cover Letter and Findings of Fact <br />• February 21, 2023 Letter to DNR Commissioner Sarah Strommen requesting a contested case hearing