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Council Meeting Minutes for November 20, 2023 <br />Page 7 of 8 <br />lawsuit and not opt out. If the City did opt out, it would be obliged to wait and see what comes <br />in addressing the claims and damages and potentially bringing litigation that was not necessarily <br />feasible or inexpensive in solving the claims on this issue. Opting out could potentially bring <br />litigation at a different time. His recommendation was to remain in, and in order to accomplish <br />that, the City would need to provide information on wells that would be sorted out through future <br />years as they are put through a maze of tests and inquires. If the City retained a law firm to <br />handle the matter on behalf of the City, those efforts would be managed by the firm. The firm <br />would be retained on a contingent fee basis. This would be a no or low-cost approach to keep a <br />foot in the door relative to settlement money. He said his best recommendation would be to <br />remain involved and not opt out, and authorize the City Attorney to appoint special council for <br />that purpose. <br />Strub asked about the testing of PFAS. Bear replied that the Health Department tests municipal <br />water supplies, and there was some discussion on the methodology of the tests. There are <br />thousands of PFAS chemicals that could be tested for. The ones of concern in the lawsuit have <br />been tested for in Hugo and were not present in the water. A theory was that all water supplies <br />may end up with certain levels of these chemicals in them, but it was unknown what the <br />thresholds were or would be. If the City’s threshold was above those numbers, the City would <br />be required to treat the water to remove those chemicals, which could be quite expensive. He <br />believed there may be trace amounts of these chemicals but did not believe the primary ones in <br />this lawsuit would be found in the City’s water. <br />Strub asked about private wells. Snyder responded this lawsuit was for municipal wells. For <br />those that have private wells, there were some treatment options, but most of those well were in <br />the southeast metro, and the state was making some monies available through their settlements. <br />Weidt said he appreciated the memo and agreed the City should remain a participant in the <br />lawsuit. He agreed with the City Attorney’s recommendation to retain special council. <br />Klein made motion, Miron seconded, to continue with the litigation going forward and allow <br />Attorney Dave Snyder to put a special council together. <br />All Ayes. Motion carried. <br />Schedule White Bear Lake Hearing for Monday, December 11, 2023 <br />City Administrator Bryan Bear informed Council the City of Hugo was scheduled to testify at <br />the evidentiary hearing on the White Bear Lake Lawsuit on Monday, December 11, 2023, at 9:30 <br />a.m. at the Office of Administrative Hearings in the Stassen Building. Bear suggested they arrive <br />at least 15 minutes early. <br />Miron made motion, Strub seconded, to schedule a meeting to attend the December 11, 2023 <br />hearing. <br />All Ayes. Motion carried. <br />Miron asked about virtual option. Bear indicated he would keep them informed if one was <br />available.