2001.09.05 CC Minutes - Laserfiche WebLink

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City Council meeting of September 5, 2001 Page 5 140THSTREET REOPENING (AUGUST 23.2001 MEETING) The Council held a special meeting on August 23, 2001 at the Withrow Elementary School to discuss with residents the proposed reopening of 14e Street. After staff presentations and discussions with the residents, the Council voted to reopen 14& Street and directed staff to determine the availability of gravel from Dresel Excavating and prepare a breakdown of project costs and funding sources. Public Works Director Chris Petree, along with Finance Director Ron Otkin, prepared a matrix with all related costs for presentation to Council for discussion, and the potential reallocation of funds within in the public works department budget. Dresel Excavating will do the work for the City at the original gravel contract price. No additional Council action was required. APPEAL JD2 COURT COSTS At its August 6, 2001 meeting, the Council unanimously accepted the recommendation from the JD2/Hardwood Creek Blue Ribbon Task Force for its mediated settlement agreement with the MnDNR, BWSR, and the RCWD for the JD2 surface water management plan. The Council had previously directed staff to work with City Attorney Dave Snyder to remove the City from the JD2 lawsuit and to pay remaining court fees, which had been negotiated by Attorney Paul Haik, from $30,000 down to $6,000. The three agencies have appealed the court fees and asked that they be reimbursed for their true costs associated with the JD2 trial. Staff has contacted the MnDNR, and they have agreed to stop the appeal process if the Council removes the City of Hugo's name from the JD2 appeal. DNR Commissioner Allan Garber held a meeting with top DNR officials whereby the DNR agrees to accept the mediated settlement agreement from the Task Force and stop the appeal process in exchange for having Hugo's name removed entirely (it is listed in name only and has no bearing on the appeal) because of appearance of the City leading the charge against the state. Because of a conflict of interest, Mayor Miron stepped down and passed the gavel to acting Mayor Chuck Haas. Attorney Snyder and Council commented fiirther on this issue. Haas made motion, Petryk seconded, directing the City Attorney to: 1) request postponement of the September 21, 2001 motion hearing before Judge Muehlberg; 2) authorize the City Attorney to prepare a brief opposing the appeal; and 3) authorize staff to continue negotiations with all agencies. All aye. Motion Carried. Acting Mayor Haas then passed the gavel back to Mayor Miron. SUBSTANTIAL COMPLETION FOR ONEKA LAKEVIEW NORTH The developer for Oneka Lakeview North subdivision made application to the City for substantial completion for the public improvements for the development. City Engineer Dave Mitchell reviewed the work completed to date and found it to be satisfactorily completed according to city engineering standards. On Tuesday, August 28, 2001, Mayor Miron notified staff that North Suburban, developer for the project, had ordered a bituminous driveway be installed at the former Robinette house at 6178 Oneka Lake Blvd. North Suburban had not received permission from the City to blacktop the driveway. Council should consider the substantial completion requested by the developer and the construction of a bituminous driveway onto the former Robinette house as two separate issues.