2005.01.14 CC Minutes - Judicial Ditch 2

Home

City Council meeting of January 14, 2005 Page 2 adjournment of the meeting maybe 11:30 a.m. Council Member Puleo asked that there not be an early adjournment because he would like to see resolution of the items on the agenda today. Manager Haake withdrew her second to the motion. Manager Aiken withdrew his motion. Motion by Manager Haake, seconded by Manager Aiken, to adjourn the meeting by 11:30 a.m. Motion Carried 5-0. REVIEW RCWD BOARD ACITON FROM JANUARY 12.2005 Administrator Hobbs summarized the Board meeting of January 12, 2005 where the Board passed a motion to reconsider their 12/15/04 JD2, but delay any action on the motion until today's meeting (1/ 14/04). He also referred to a resolution that was drafted by RCWD and City of Hugo staff. This resolution was made available to the Board at their 1/12/05 meeting, but no action was taken at that time. Manager Haake asked District Counsel Smith that if the Board tables the motion to reconsider could we still proceed with the agenda and bring it up later in the meeting. District Counsel Smith replied that it is not necessary to table it. They can just proceed with the agenda and bring it up at a later time in the meeting. REVIEW AND ADOPT PROPOSED RESOLUTION Mr. Pete Willenbring, Water Resource Engineer from WSB, gave a PowerPoint presentation on the history of JD2. Mr. Willenbring pointed out that the City and District still have different legal opinions on wetland drainage and property rights, if the watershed district stays with the 12/15/04 motion the City may have to utilize the court system. Mr. Willenbring stated that Hugo and RCWD staff had been working over the past two weeks to develop a resolution and to suggest two alternatives for the City and the RCWD to follow, with Alternative 2 being the suggestion of Administrator Hobbs late in the afternoon of 1/13/04 during a conversation with Hugo staff. [Both alternatives were shown in the PowerPoint presentation and left on the screen for the remainder of the meeting]. President Cardinal's opinion was to rescind the 12/15/04 motion and start over with new resolution and work with the City. Manager Haake asked that the City explain their concerns regarding the resolution. Mayor Miron replied that he could not support the resolution but he would like to discuss the additional two alternatives that the City had included in their PowerPoint presentation. Alternative 1 -Support implementation of on-going annual maintenance per the Blue Ribbon Task Force direction, and rescind 12/15/04 RCWD action for specified period of time or indefinitely. Alternative 2 -Selection Option 4 per the 10/29/04 Engineer's Report and 12/15/04 findings, do not rescind RCWD action, but work with Hugo, and if, Hugo drainage needs not addressed, agree that RCWD will petition itself within three years to undertake renewed ditch repair proceedings. City Attorney Dave Snyder explained the City's position regarding the resolution and that it would not be acceptable because of drainage rights question. If the District does not agree to the City's