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City Attorney Goodrich replied that the City would be obligated to keep the facility in place until <br />the State informs the City that they are no longer obligated to run the park and ride. <br /> <br />Councilmember Hendriksen stated that I.I.B. of the grant agreement does not seem to be bound <br />by any particular date. <br /> <br />City Attorney Goodrich replied that he talked to the Attorney General regarding the grant and the <br />Attorney General has indicated that the June 31, 2003, date is the only obligation the City has to <br />the State. <br /> <br />Councihnember Hendriksen inquired if there was any language in the ground lease to cover any <br />expectation they might have of any offset of fees in the future. He stated that the property <br />owners should not have any expectation that any future fees will be waived. <br /> <br />City Attorney Goodrich replied that there is no such language in the lease. <br /> <br />Councilmember Hendriksen stated that he would like to see some language included in the lease <br />agreement that would state that replacement of the facility is not in exchange for something else. <br /> <br />City Attorney Goodrich replied that they could insert that language, <br /> <br />Councihnember Anderson stated that it was her understanding that the Met Council has some <br />housing and transportation grants available and requested that staff research if these grants could <br />be used to construct turn lanes for the facility. <br /> <br />City Engineer Olson replied that it was his understanding that those grants are for new affordable <br />housing and new residential housing developments. He stated that the transportation concept <br />would probably fit if the City comes forward with the town center concept. <br /> <br />Councilmember Hendriksen stated that Section II.B. in the grant agreement states that the City <br />will be responsible for maintaining the facility. He inquired if there should be some language <br />that protects the City in terms of replacement of the facility. He stated that he does not want to <br />be responsible for a multi-level parking ramp if the property owner chooses to opt out of the <br />location and build a larger facility. <br /> <br />City Attorney Goodrich replied that it was possible to include that language. <br /> <br />Consensus of the Council was to include language in the lease agreement to protect the City from <br />being responsible for maintenance if a new facility is constructed by the property owner. <br /> <br />Councilmember Zimmerman stated that he felt the best opportunity for the City would be if the <br />City were to purchase the land for the park and ride facility rather than lease the land. <br /> <br />City Council/August 13, 2002 <br /> Page 12 of 25 <br /> <br /> <br />