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Mayor Mary Thun then stated, “I’m not here to judge the damage of homeowners. We’ve heard a lot of comments. I’m not absolving the Metropolitan Council. I was in that neighborhood during construction more than any other councilmember; I live there.” The mayor continued, “I cannot hold up a future project that is for the benefit of all the citizens of Victoria. It has not been adjudicated who caused the damage to property. I encourage the Metropolitan Council to continue to work closely with our city. Don’t forget what is in these documents. I concur with Councilmember Roden that this was a difficult project but I will vote for the motion.” *** This city council gathering was a continuation of the July 27th city council meeting. Only the one topic -- the Met Council projects -- was on the agenda this evening of August 3rd. It lasted just over two hours. Representatives and officials of the Met Council were also in attendance. City Administrator Don Uram explained that councilmembers would be considering an amendment to a construction agreement, and that permanent and temporary easements had been reviewed by the city’s attorney and summarized. He said there are basically three concerns: a change in timing of Phase Two of the project from 2010 to 2012, payment options for daily rental of a city park by the Met Council, and level of service details. “Staff is recommending approval of the amendment,” he concluded. Pete Nelson, one of the Victoria homeowners who experienced unresolved difficulties during Phase One of the regional sewer project, addressed everyone in attendance. “I want to applaud what I think is a step in the right direction,” he said, “but I’m puzzled by the language. I’d like to see the project not go forward until the problems are addressed with our home and the Corwin home. Otherwise the elephant is still in the room ... “At this point, given the economy, it’s not clear this project is needed at this time ... The very people who precipitated this evening have not been consulted. There ought to be some hard requirements. There ought to be some bonds posted. You have to make sure the people who have been much affected by the process have been vetted. The soils haven’t changed. It’s still there. Soil issues have got to be addressed. “Frankly, as a homeowner, I don’t think I’ll have any greater protection. You’re likely to have damage again.” City Engineer Cara Geheren responded to a question about need for the project. “There are two components to the need,” she replied. “You want to flush your toilets and have the system take the sewage away. And the flow through the lift station at Schutz Lake (L22) is exceeding the capacity of the pumps. The pumps can’t handle things when there’s a large rain event.” Cara spoke of Infiltration and Inflow in this regard, when the infiltration of water from natural and unnatural causes empty into the system. “Based on existing plats,” continued the engineer, “we’ve got about 260 more homes that could be built, based on a 2005 agreement. I’m uncomfortable with the lift station.” Her recommendation was to move forward with the agreement and Phase Two of the project. In response to questions, Cara said the three legs of Phase Two begin south with Rolling Acres Road, then west toward Baycliffe, then finally north back up Smithtown Road. Stated Councilmember Roden, “I see enormous progress. Thank you to the city administrator and city attorney. But how would the outcome have been different for Mr. Nelson and Mr. Corwin with these guidelines?” Replied City Attorney Mike Norton, “Ultimately I just don’t know.” Stated Councilmember Roden, “Ultimately I have to feel all these wonderful documents will make a difference. Mistakes can happen in construction, but how they’re handled makes all the difference. What loop hole is in there for the contractor? If there are loopholes, I’m not playing.” Replied Attorney Norton, “The Met Council has agreed to keep us informed of issues in the performance of their contractor.” “Why does it take three years to do this?” asked Kim. Replied Bill Cook, engineering manager for technical services with the Met Council, “This is a very linear project. We’re tunneling through ground with a lot of boulders in it. We can’t have different activities going on concurrently. The bulk of the work is in drilling the hole. It’s all about the hole.” Regarding the documents before them, Councilmember Tom O’Connor said, “This is light years ahead of where we were. This is a darn sight better for 2012 than it was for us today. I congratulate both groups.”
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