07/17/1990 - City Council SpecialMINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
JULY 17, 1990
SENECA PLANT MEDIATION
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A special meeting of the Eagan City Council was held on Tuesday,
July 17, 1990 at 5:30 p.m. at the Eagan Municipal Center building.
Present were Mayor Egan, and City Councilmembers Pawlenty, Wachter,
Gustafson and McCrea. Also present were City Administrator Hedges,
City Attorneys Sheldon and Dougherty and City Planner I Kristi
Marnin.
City Administrator Hedges presented an update of the unresolved
issues presently stalling the Seneca Plant mediation sessions. City
Attorney Dougherty, the City of Eagan's designate to the mediation
sessions, outlined two issues: the first being the DNR's insistence
that they are required to issue two water appropriation permits for
the Seneca Plant, and the second item relating to the total quantity
of water appropriated by the Metropolitan Waste Control Commission on
a permanent basis during the operation of the plant. Councilmember
Wachter inquired as to the legal status of the DNR's position of two
permits versus the ability to require that only one permit be issued.
City Attorney Dougherty indicated that the Courts grant the agency
whose job it is to interpret their regulations great latitude and
deference in their interpretations. Betty Bassett, a resident of
Wuthering Heights, indicated that she felt that the amount of water
being appropriated and the number of permits were directly tied
together and requested that the City Council not endorse the two
permits for the plant. City Attorney Dougherty indicated that a
compromise could potentially be accomplished whereby the MWCC agreed
to limit its appropriation to 3 million gallons per day on a 30 day
average as opposed to the 4 million they could receive under the two
permits. Betty Bassett advised as to her efforts in dealing with the
Minnesota House of Representatives to amend the DNR rules to provide
for one permit. Councilmember Pawlenty suggested that a compromise on
the quantity of dewatering with the MWCC would appear to make sense
unless a better deal could be achieved by going directly to the
Legislature. Mayor Egan expressed the same opinion and stated it was
important that the water resources not be wasted and at the same time
that the wetlands be preserved. He further acknowledged that it was
apparent that much had been accomplished through the mediation
sessions and hoped that a reasonable compromise could be reached
between the City, the residents and the MWCC.
There being no further business, the meeting was adjourned at
approximately 6:30 p.m.
Dated: July 17, 1990
ADJOURNMENT
Van erbeke, City Clerk
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