2005.01.14 CC Minutes - Judicial Ditch 2

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City Council meeting of January 14, 2005 Page 6 Motion carried 4-1. Manager Haake opposed because she felt there was not enough discussion on the motion. Manager Aiken voted on the prevailing side so he could bring the motion up for consideration at another meeting. Manager Haake asked District Attorney Smith to address how does RCWD guarantee the 18 -month stipulation, if there is a different Board or other circumstances. District Attorney Louis Smith replied that the intention would be that the attorney's for RCWD and the City of Hugo would proceed with a cooperative agreement about this process spelling it out in detail. It would be the same as any other agreement or contract. Mr. Smith believed it was beneficial for the perspective of both party's; it gives us a meaningful time to look at how the maintenance is working. The agreement could also include discussion of ditch maintenance responsibility. Motion by Manager Aiken, seconded by Manager Leroux, to adjourn the RCWD meeting at 12:34 p.m. Motion Carried 5-0. The RCWD Board and staff left the Council Chambers. Mayor Miron called a brief recess; Council returned from recess and meeting reconvened by Mayor Miron at 12:45pm. City Attorney Dave Snyder interpreted actions of the RCWD and directed Council that there is no need to file the lawsuit but the final decision is the Council's. Petryk made motion, Haas seconded, to approve Alternate #2 with the RCWD. There will be follow up with agencies and citizens within 18 months to identify progress. All aye. Motion Carried. Haas made motion, Petryk seconded, voted not to file lawsuit. All aye. Motion Carried. Haas made motion, Granger seconded, to have City Attorney send a letter to the RCWD. All aye. Motion Carried. Council member Frank Puleo had to leave the meeting at 12:57 pm. ADJOURNMENT Granger made motion, Petryk seconded, to adjourn at 1:10 pm. All aye. Motion Carried. Respectfully submitted, Michael A. Ericson City Administrator