Agenda - Council - 02/24/2004 - Laserfiche WebLink

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Doug Obery, CH2M Hill, explained that they are currently working with MnDOT to get a contract togetller for the official mapping, which should happen quickly. M~FF)OT will do the survey work tl~emselves and then CH2M Hill will work with them on putting that inforrnation together into an official map, which they anticipate being completed in mid-March. MnDOT will be taking the portion of the work regarding the letter of understanding. Once the Council receives the official map they would have to take formal action to adopt the map because only a local govemmont can officially map property. Councihnember Cook inquired if the contract will identify the obligations of each of the parties involved. Mr. Obery replied that the contract is primarily between their firm and MnDOT. Ms. Ruchle explained that the letter of understanding would identify who has agreed to do what as part of the o~£ficial mapping process. The official map will actually be an ordinance and will work the same [as other ordinances do in the City. With the 30 day waiting period requirement before an ordinance can be adopted the official map probably will not be adopted until mid-May. Ms. Ruehle noted that another area discussed in the Yaggy Colby Associates report had to do with the hardship and protective buying which ties into the official mapping process. MnDOT defines what a hardship is and what protective buying is. Hardship would fall under health and safety or financial. That would mean that once the official mapping is in place and a property owner comes forward with a proposal for improvements and it does not fall within the guidelines the board of adjustments or board of appeals would handle those issues if the City were to deny their request. There are certain provisions that would have to be met in order for a property owner to go through the appeal process. Mr. Obery stated that the case for hardship is stronger if in fact there is an eminent highway project. It would be difficult for someone to claim a true hardship for full fee acquisition under the official mapping process only. At this time there is not a clear picture as to when the highway acquisition will occur. Mt'. Tinklenberg replied that the official mapping does allow for the negotiation process and brings in more tools for the City to use. Every situation will be different so the City will need a lot of flexibility: Councilmember Kurak questioned if she were to own a vacant piece of property along Highway #10 and she had a buyer who wanted to build an office building that was larger than what the City would allow in that area, what would happen. Mt'. Tinklenberg replied that if the City denied the request they could go through the appeal process. Councihnembet: Kurak inquired as to whom they would appeal to. Mr. Ruehle explained that first they would appeal to the local board of appeals. If the board of appeals grants the request the City would still have the ability to acquire the property, but if the City fails to do so within six months the City would be required to issue the permit. If the board City Council Work Session/January 6, 2004 Page 2 of 13