2005.01.14 CC Minutes - Judicial Ditch 2

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City Council meeting of January 14, 2005 Page 5 a. Completing the cleaning of JD2 to remove impediments to flow and provide positive drainage through the system, with the goal of completing this work by mid- January (apart from the culvert work to be done by Washington County on Branch 2 this spring); b. Proceeding with technical review and legal procedures to restore hydraulic connectivity through road prisms at 170th, 165th and/or 157th Streets; c. Proceeding with technical review and legal procedures and construction activity to identify and construct capital projects in the lower portion of JD 2/Hardwood Creek for water quality and habitat enhancement; d. Establishing with Hugo terms for a transfer of JD 2 maintenance responsibility to Hugo, including some measure of District funding for ongoing maintenance; e. Postpone action on the District Findings of Fact for JD2. Manager Leroux requested Manager Karth to remove his motion until the Board could suspend Robert's Rules of Order. Manager Karth held his motion. Motion by Manager Leroux, seconded by Manager Karth to suspend Robert's Rules of order. Motion carried 3-2, Managers Haake and Aiken opposed. Motion by Manager Karth, seconded by Manager Leroux That the District will proceed to implement its December 15, 2004 decision by: a. Completing the cleaning of JD2 to remove impediments to flow and provide positive drainage through the system, with the goal of completing this work by mid- January (apart from the culvert work to be done by Washington County on Branch 2 this spring); b. Proceeding with technical review and legal procedures to restore hydraulic connectivity through road prisms at 170th, 165'x, and/or 157th Streets; c. Proceeding with technical review and legal procedures and construction activity to identify and construct capital projects in the lower portion of JD 2/Hardwood Creek for water quality and habitat enhancement; d. Establishing with Hugo terms for a transfer of JD 2 maintenance responsibility to Hugo, including some measure of District funding for ongoing maintenance; e. Postpone action on the District Findings of Fact for JD2. Mayor Miron commented that the City would agree with the motion if Item e. would read, "postpone action on the Findings or Fact and Engineer's Report." He stated that without that language litigation hovers. Manager Karth could not agree to that. Motion by Manager Leroux, seconded by Manager Haake to have a 10 minute recess and extend the meeting time to 12:30 p.m. Motion carried 4-1, Manager Aiken opposed. Manager Karth withdrew his motion. Manager Leroux withdrew his second. Motion by Manager Karth, seconded by Manager Leroux, 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 18 months to undertake renewed ditch repair proceedings.