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