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Hugo City Council Meeting July 6, 2010 <br />Page 5 of 5 <br />weir be installed on Judicial Ditch #2 due to low lake levels, which the RCWD and neighboring <br />property owners opposed. This weir is located on the Miron property and has since failed, <br />causing the water level to slowly decline. The DNR ordered the weir to be replaced; however <br />the RCWD and neighboring property owners are appealing the order because it is their view that <br />impoundment proceeding should take place first, which would involve analyzing the impacts on <br />adjoining property owners and compensating them for their losses. <br />Haas made motion, Weidt seconded, to direct staff to draft a letter to the MN DNR and point out <br />the City's case five years ago has been vindicated, and to not join in the appeal at the taxpayers' <br />expense. <br />Ayes: Haas, Weidt <br />Nays: Petryk, Klein <br />Motion failed. <br />Petryk made motion, Klein seconded, to preserve the City's legal rights and support the appeal of <br />the order. <br />Nays: Petryk, Klein <br />Ayes: Haas, Weidt <br />Motion failed. <br />Executive Session — City Administrator Performance Review <br />Haas made motion, Petryk seconded, to recess the regular City Council meeting at 8:45 to enter <br />into executive session for the purpose of conducting the performance review for City <br />Administrator Mike Ericson. <br />All Ayes. Motion carried. <br />Return to Regular Session <br />Mayor Fran Miron called the regular session back to order. City Attorney Dave Snyder provided <br />a summary of what was discussed. <br />Adjournment <br />Haas made motion, Weidt seconded, to adjourn at 9:59 p.m. <br />All Ayes. Motion carried. <br />Respectfully Submitted, <br />Michele Lindau <br />City Clerk <br />