2018.03.19 CC Minutes - Laserfiche WebLink

Home

Hugo City Council Meeting Minutes for March 19,2018 Page 7 of 7 2018, meeting, specifically to prepare for an appeal of DNR conditions and engage legislators. He reviewed the four conditions that were added to the appropriations permit. A letter appealing these conditions was drafted by City Attorney Dave Snyder for the Council's consideration. Bear explained the appeal would be a request for a contested case hearing before an administration law judge, which would likely delay implementation of the irrigation ban and keep the City in good standings with the DNR. This would be the only chance the City had to argue the permit language. He also had learned other cities will be filing appeals. He provided an update on legislative activities informing the Council that bills had been introduced in the House and Senate to prevent DNR enforcement of a court order and encourage the DNR to use the Groundwater Management Area Plan to implement existing policies. He recommended Council direct staff and the city attorney to file an appeal of the DNR's amendments to the City's appropriations permit, and to support bills SF3573 ad HF 4003. Snyder explained there were good arguments both ways. It is the last best chance to eliminate or modify the permit conditions that have direct impact on the City despite the fact the City is a relatively small user of water in the scheme of things. The Council needed to decide whether those consequences should be challenged in addition to the other steps the City is taking. Snyder talked about the reality of the everyday limitations and restrictions these conditions would place on the City and asked the Council to weigh them against an appeal, realizing the conditions have no basis on conservation. For the reason of preserving rights, Snyder said he would suggest an appeal, albeit reluctantly, since it's been the Council decision to not focus on litigation but instead focus on practical waster use. Haas made motion, Klein seconded, to direct staff and the City Attorney to file appeal of the DNR amendment to the appropriations permit and additionally support Bills SF3573 and HF4003. Council talked about their course of action and agreed it would give them a voice, but it was not the right way to focus on the goal. Litigation was an unnecessary distraction, and the City needed to continue focusing on the proactive things the City is doing. All Ayes: Haas, Klein, Miron, Petryk, Weidt Adiournment Klein made motion, Miron seconded, to adjourn at 9:25 p.m. Respectfully Submitted, Michele Lindau City Clerk