2005.01.14 CC Minutes - Judicial Ditch 2

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City Council meeting of January 14,2 005 Page 4 Miron commented that the District's Administrator Steve Hobbs drafted Alternative 2. District Administrator Steve Hobbs explained that Alternative 2 was suggested because the watershed district will be monitoring the minor maintenance for its success and if there is a problem, the district can fix it without re -petitioning and the expenses associated with that. The cost would not be nearly as expensive. Manager Haake withdrew her motion to accept the resolution and Manager Karth withdrew his second. REVIEW RCWD BOARD ACTION FROM JANUARY 12, 2005 Motion by Manager Haake, seconded by Manager Leroux, to bring forward the Board's 12/15/04 motion to reconsider (the motion was read) [Motion on the floor to accept the findings on Hardwood Creek JD2 Repair Petition of 12/9/04 based on the Board's motion of Option 4 for minor maintenance and the implementation of culverts under 170th Street, 165th Street, and 157th Street if needed, and a water quality rehabilitation plan downstream from Highway 61. After the current minor maintenance is completed, the RCWD will explore assigning future minor maintenance of JD2 over to the City of Hugo and an annual fund of up to $40,000 per year be established to support the City of Hugo's minor maintenance for JD2 and its official branches. Motion carried 4-1. (President Cardinal opposed)] President Cardinal took a role call vote on the motion to reconsider the 12/15/04 motion as read: Manager Leroux -Yea Manager Cardinal -Yea Manager Aiken -No Manager Haake-No Manager Karth-No Motion failed 2-3. PROPOSED AGREEMENT FOR JD2 CULVERT REPLACEMENT Mayor Miron commented that he was saddened by the Board's vote. He deferred the discussion to City Attorney Dave Snyder. City Attorney Dave Snyder stated that Hugo would like to have some discussions on Alternatives 1 & 2. The City of Hugo would agree to a shortened time period in Alternative 2 from 3 years to 18 months. At this time, however, he would recommend the City initiate litigation against the RCWD President Cardinal stated that he was very disappointed that the Board could not agree and the way the Board voted on the motion that was before them. He stated when they had the DNR, the City Council and the Board of Managers all in one room, and they do not have the chance to do that very often, the Board still could not make an agreement. Motion by Manager Leroux, seconded by Manager Karth to extend the meeting time to noon. Motion carried 5-0. Motion by Manager Karth that the District will proceed to implement its December 15, 2004 decision by: