2001.07.02 CC Minutes - Laserfiche WebLink

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City Council meeting of July 2, 2001 Page 3 Encroachment Agreement to construct a 3 -season porch and deck that would encroach 12 ft into the drainage and utility easement. The footings for the proposed porch and deck would be the only part of the structure that would be placed within the easement. The porch and deck would be at least 8 ft over the high water elevation of the wetland. The deck would be approximately 35 ft from the edge of the wetland and would comply with all applicable yard setback requirements. Adoption of the Consent Agenda approved an Encroachment Agreement with Ray Tetrault Contracting and directed the City Attorney to prepare the Agreement for signature by the Mayor. APPOINTMENT OF PROBATIONARY FIREFIGHTERS Fire Chief Joe McMahon recommended for appointment two probationary firefighters in accordance with Section 1300 of the Hugo FD's Suggested Operating Guidelines. Adoption of the Consent Agenda appointed Scott Peterson and Russell Frantum as probationary firefighters. JD2 APPEAL (REVIEW JUNE 25m COUNCIL DECISION AND MEDIATION SESSIONS TO DATE) At its June 25`h Council workshop/special Council meeting, the Council considered the JD2 lawsuit appeal process. Previously, at its June 18'h meeting, the Council postponed action on the JD2 appeal until the specially called meeting on Monday, June 2P in order to hear the results of the fourth session with mediator Roger Williams that was held on Friday, June 22, 2001. As Council is aware, Attorney Paul Haik notified staff that the City must file a notice of appeal no later than Friday, June 29, 2001 for the JD2 lawsuit. Mayor Miron passed the gavel to acting Mayor Chuck Haas and excused himself from discussion on the issue. Council discussed the progress of the mediated sessions to date, and agreed that a significant amount of progress has been made. Council took public comment on the issue, and then discussed amongst itself whether or not to proceed with the appeal. City Attorney Dave Snyder presented three options for Council to consider, and ultimately no action and no formal vote was taken by the Council. Staff asked for clarification from Council on the issue, and was instructed, through the City Attorney, to contact Attorney Paul Haik and inform him that the Council took no action to proceed with the appeal, which stops the City's involvement in the appeal process, but still allows the other plaintiffs to proceed with the appeal if they should so choose. This issue was placed on the agenda to make a public announcement of the Council's decision at a regularly scheduled Council meeting. City Attorney Dave Snyder summarized the City's position at the meeting. He also advised the Mayor that he would be able to again deliberate on matters relating to JD2, but not the lawsuit. The action by the City Council confirms that the City will not expend any additional City funds on the appeal process. CITY HALL FINANCINGBUDGET (FINANCIAL ADVISOR) RESOLUTION CALLING FOR A PUBLIC HEARING Finance Director Ron Otkin, City Administrator Mike Ericson, and City Architect Bob Russek prepared a draft budget for construction of the new City Hall. Another financial advisory firm that has expressed an interest in selling the bonds for this project has approached staff, however, the Finance Director recommended that the City continue its long-term relationship with Ehlers and Associates. Puleo made motion, Granger seconded, to recess the Council meeting at 7:25 pm to call the Economic Development Authority to order. All aye. Motion Carried.