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City Council meeting of April 19, 1999 <br />Page 4 <br />JD2 LITIGATION <br />The Council considered a scope of work and cost estimate, prepared by attorney, Paul Haik, for <br />petitioning district court to order the RCWD to hold an obstruction hearing for JD2. Attorney Haik <br />addressed the Council with the status of the petition stating that the RCWD had turned down the City's <br />request for an obstruction hearing, and was suggesting that the dispute be resolved through mediation. <br />Council member Haas questioned what good a lawsuit would do at this time, and the City could look at <br />mediation as a "goodwill" issue. RCWD Board Chairman, Gene Peterson, addressed the Council <br />stating that no matter the court's decision, it would be appealed and be in the court system for years. <br />Leroux made motion, Barnes seconded, directing attorney, Paul Haik, to initiate litigation against the <br />Rice Creek Watershed District, the Minnesota Department of Natural Resources, and the Board of Soil <br />and Water Resources in order to have district court order the RCWD to hold an obstruction hearing for <br />JD2. Alternate dispute resolution is to be attempted, as appropriate. <br />Haas made motion amending the motion to have Paul Haik proceed with litigation only if the House <br />and Senate jeopardize the City's position. <br />Motion failed for lack of second. <br />VOTING AYE: Barnes, Leroux, Stoltzman <br />VOTING NAY: Haas <br />ABSTAINED: Petryk <br />Motion Carried. <br />LETTER TO LMC/AMC/MW ASSN OF WATERSHED DISTRICTS <br />At the special Council meeting of April 12, 1999, the Council requested staff to prepare letters to the <br />League of Minnesota Cities, Association of Metropolitan Counties, and MN Association of Watershed <br />Districts informing them of the DNR's sponsored legislation requiring a DNR permit for maintenance <br />of public ditches, and requesting they contact legislators to vote against the bill. <br />Leroux made motion, Barnes seconded, authorizing issuance of the subject letters. <br />All aye. Motion Carried. <br />FORFEITED VEHICLE (1998 DODGE TRUCK) <br />The City of Hugo is in the process of acquiring 1998 Dodge pickup truck forfeit under state law for <br />drunk driving. The vehicle currently has a lien against it for approximately $25,500. The original <br />owner of the vehicle has requested by buy back the vehicle from the City. <br />Barnes made motion, Petryk seconded, to table this matter until the Council meeting of May 3, 1999. <br />All aye. Motion Carried. <br />