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2018.04.02 CC Packet
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2018.04.02 CC Packet
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2/20/2019 1:59:39 PM
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City Council
Document Type
Agenda/Packets
Meeting Date
4/2/2018
Meeting Type
Regular
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Hugo City Council Meeting Minutes for March 19, 2018 <br />Page 7 of 7 <br />2018, meeting, specifically to prepare for an appeal of DNR conditions and engage legislators. <br />He reviewed the four conditions that were added to the appropriations permit. A letter appealing <br />these conditions was drafted by City Attorney Dave Snyder for the Council's consideration. <br />Bear explained the appeal would be a request for a contested case hearing before an <br />administration law judge, which would likely delay implementation of the irrigation ban and <br />keep the City in good standings with the DNR. This would be the only chance the City had to <br />argue the permit language. He also had learned other cities will be filing appeals. He provided <br />an update on legislative activities informing the Council that bills had been introduced in the <br />House and Senate to prevent DNR enforcement of a court order and encourage the DNR to use <br />the Groundwater Management Area Plan to implement existing policies. He recommended <br />Council direct staff and the city attorney to file an appeal of the DNR's amendments to the City's <br />appropriations permit, and to support bills SF3573 ad HF 4003. <br />Snyder explained there were good arguments both ways. It is the last best chance to eliminate or <br />modify the permit conditions that have direct impact on the City despite the fact the City is a <br />relatively small user of water in the scheme of things. The Council needed to decide whether <br />those consequences should be challenged in addition to the other steps the City is taking. Snyder <br />talked about the reality of the everyday limitations and restrictions these conditions would place <br />on the City and asked the Council to weigh them against an appeal, realizing the conditions have <br />no basis on conservation. For the reason of preserving rights, Snyder said he would suggest an <br />appeal, albeit reluctantly, since it's been the Council decision to not focus on litigation but <br />instead focus on practical waster use. <br />Haas made motion, Klein seconded, to direct staff and the City Attorney to file appeal of the <br />DNR amendment to the appropriations permit and additionally support Bills SF3573 and <br />HF4003. <br />Council talked about their course of action and agreed it would give them a voice, but it was not <br />the right way to focus on the goal. Litigation was an unnecessary distraction, and the City <br />needed to continue focusing on the proactive things the City is doing. <br />All Ayes: Haas, Klein, Miron, Petryk, Weidt <br />Adjournment <br />Klein made motion, Miron seconded, to adjourn at 9:25 p.m. <br />Respectfully Submitted, <br />Michele Lindau <br />City Clerk <br />
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