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She continued, “I want to know who a homeowner can go to to resolve a dispute.  Exhibit #3 is totally unacceptable.  It pits the homeowner against the contractor.  I can’t sign up for any of these exhibits.  Residents have nowhere to turn except the City Council.  I’m utterly amazed that a resident’s house moved and that you had nothing to do with it.  Why didn’t you know what the soil was like ahead of time?

         “I’m not sure we need the project.  Are we building a sewer to nowhere?  Is the demand still there?  We anticipated growth.  Everything has changed.  It’s still public money.  At the end of the day, we are the elected officials of our citizens.  When construction is done in our town, we’re accountable.

         “You’ve needed our park [at Lake Virginia Shores] for a longer period of time than stated.  What are we getting for that?  I don’t understand why it has taken three years.  Smithtown is a major road for us.  Look how fast the 35W Bridge was done.  We already have major stacking.  And now we’re going to torture the people at Smithtown again?  I find that to be totally unacceptable.

         “I’m not saying you have to agree with everything Pete Nelson has said, but I want accountability.  I want somebody to step forward.  Are you or are you not going to dredge under his dock?  There’s nothing here that binds you or the contractor.  Nothing’s enforceable the way it’s written.”

***

         Bids on the Phase Two project were opened on June 12th but, as City Administrator Don Uram said, “The Metropolitan Council is unwilling to award a contract until there is a cooperative agreement.  It’s a much bigger project than just Victoria.”

         Councilmember Jim Paulsen asked about city liability when the city is not one of the two parties named in an agreement between the Met Council and contractor.

         Replied City Attorney Mike Norton, “I’m concerned about that.  We don’t have actual control over the contractor.  We don’t have a lot of authority.  As I understand it, the Metropolitan Council is willing to take suggestions.”

         Added the city attorney, “I would want the city to have no responsibility in the claims process.  Of course, this is a litigious society and anybody can sue anybody.  We would not want to insert ourselves between the homeowners and the contractor.”

         He continued, “There are always issues that can come up that we didn’t perceive.  There is an important role for the city to play, but the city doesn’t want to have the primary role ... The city could end up denying a permit and the Met Council could end up abandoning the project ... It’s not our job to build regional sewers ... Our ability to grow is dependent on the Metropolitan Council ... I’m not sure we’re going to be able to satisfy everyone involved.”

         Said Councilmember Tim Amudsen to the Met Council men, “You do a helluva job insulating your Councillors from the heat.  Everything is directed to staff.  I’d like to see more action and accountability from them.  I don’t know a tunnel from a hill of beans and I’d love to let it reside in the lap of the experts, but I’d like oversight that’s amenable to everyone.  We’ll take the bullets if our people screw up, and you guys shouldn’t have to walk the plank for yours.”

         Councilmember Tom O’Connor asked if the city has any leverage, also if there’s another way to do this without a legal document.  There isn’t.

          Mayor Mary Thun, referring to the documents, stated, “I’m wondering if you shouldn’t say ‘stakeholder’ rather than ‘property owner.’  I am a stakeholder.”

Continued the mayor, “Somehow I believe there have to be penalties for the contractor if he doesn’t meet deadlines.  It has to be laid out better with the residents if and when they suffer.  I’d like more information on the contractors and their previous projects.”

         Mayor Thun added, “I’m surprised Craig Peterson isn’t here tonight.  I’ve seen him maybe twice on this project and that’s not enough.  I’d like to convey that this body is not very happy with our representatives on the Met Council.  Please talk to our residents and talk to us.  Please get back to us.  Talk to me like a human being.  Those are  the things I’d expect.”

         “This is a passionate city council,” said Mayor Thun.  ‘We don’t close our books when we leave here and say to the staff, ‘See you in two weeks.’”

         Victoria’s rep on the Met Council is Craig Peterson of Chanhassen (651-602-1474).  Others str Chair Peter Bell, Roger Scherer of Plymouth, Tony Pistilli of Brooklyn Park, Robert McFarlin of Minnetonka, Polly Bowles of Edina, Peggy Leppik of Golden Valley, Annette Meeks of Minneapolis, Lynette of Minneapolis, Kris Sanda of Blaine, Georgeanne Hilker of White Bear Lake, Sherry Broecker of Forest Lake, Richard Aguilar of West St. Paul, Kirstin Sersland Beach of St. Paul, Daniel Wolter of Eagan, and Wendy Wulff of Lakeville.

 

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