2004.10.22 CC Minutes - Judicial Ditch #2

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MINUTES FOR THE JOINT CITY COUNCIL/RCWD MEETING OF OCTOBER 22, 2004 Mayor Fran Miron called the meeting to order at 8:30 am. PRESENT (CITY OF HUGO): Granger, Haas, Puleo, Miron City Administrator Mike Ericson; CD Director Bryan Bear; City Attorney Dave Snyder; and Water Resource Engineer Pete Willenbring ABSENT: Becky Petryk PRESENT (RCWD): Andy Cardinal; Barbara Haake; Roger Aitken; Harvey Karth; Jim Leroux; Attorney Chuck Holtman; and Administrator Steve Hobbs Mayor Fran Miron welcomed everyone and passed the gavel to Andy Cardinal, who chaired the meeting. A letter of agreement dated October 21, 2004, prepared by both attorneys, was presented to the Council and Board for discussion. RCWD Board Attorney Chuck Holtum explained the proposed agreement, which would have the City of Hugo take over site control of the project. City Attorney Dave Snyder explained that the new agreement differs greatly, and is not advisable for the City to approve it. He proposed instead a global resolution on the repairs in an amount not to exceed $116,000. The City Attorney confirmed with Council that he sees more benefit to the Pete Willenbring proposal first introduced on October 8, 2004. Pete then explained his proposed agreement to the Council and Board. The Council and Board then heard from Mike Heuer and Chuck Hubbard from Braun Intertec. They also heard from Brett Emmons and Cecilio Olivier from EOR, RCWD's engineers. Brett stated that they will do whatever is reasonable to resolve the culvert repair project. Cecelio stated that EOR and Braun will cover up to $80,000. RCWD Managers Harvey Karth and Jim Leroux voted to proceed with a turnkey repair, as proposed by Pete Willenbring with a cap of $80,000. The agreement will then be between the City and EOR. All aye. Motion Carried. The RCWD believes the agreement is a reasonable offer, but wants to discuss the indemnification clause and proposed costs at a regular meeting. Mayor Fran Miron then took the gavel and discussed with Council the proposed global resolution to the repair project. Council took a five minute recess and reconvened with a general update on the restoration of Hardwood Creek/JD2 provided by Steve Hobbs. The engineers are finishing the report, which will have four options. The RCWD Board will call for the public hearing on November 10, 2004 to receive the report and take public comment. Council then discussed an easement from Joe Wewers and the need for the City to vacate an easement. Miron made motion, Puleo seconded, to vacate his easement across JD2. All aye. Motion Carried.