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P40 <br /> <br />Councilmember Kurak questioned why they would not proceed with accepting the grant, because <br />that has no real impact as to whether the grant is pulled or not. <br /> <br />Principal Planner Trudgeon noted that the agreement does state that Met Council could pull the <br />funds at any time. <br /> <br />Mayor Gamec stated that if the City starts the project and spending money with the intention of <br />getting the grant and then the funds are pulled it could be a problem <br /> <br />Councihnember Zimmerman inquired if the acceptance of the grant requires the City to provide a <br />certain number units of Iow incoming housing. <br /> <br />Principal Planner Trudgeon replied no, explaining that the grant was to be used for a mixed-use <br />development that has transit. <br /> <br />Councilmember Cook felt that they should accept the grant at this time. <br /> <br />Councilmember Pearson stated that he had talked to one of the owners of the BMA property and <br />he indicated that there has been no significant amount of money exchanged between them and <br />the developers of the Town Center. He questioned what type of situation it places the City in to <br />accept a grant for a project on a property if they don't know who legally owns the land. <br /> <br />Councihnember Kurak replied that there has been a significant amount of money that has been <br />exchanged. Cul~:ently the ownership of the property is still retained by the ownership of record, <br />which is why she cannot vote on the propertyl Enough money has changed hands so that the <br />Town Center is a reality. <br /> <br />Councilmember Cook stated that at this time they are only accepting the grant because the funds <br />are not dispersed until:after money has been spent on the project by the City. <br /> <br />Councilmember Zimmerman stated that he did not have a problem with waiting a couple weeks <br />accepting the grant to allow the Mayor more time to research the issue. <br /> <br />Councilmember Elvig stated that he does not want to get into a legal battle about placing a road <br />on a piece of property by accepting a grant for a road that the City does not have legal rights to <br />put a road on. <br /> <br />Councilmember Kurak replied that if the purchase of the land by the developers does not proceed <br />than there will be no need for Sunwood Drive. The grant is directed for the Town Center. <br /> <br />Councilmember Elvig stated that he does not want to do anything to delay the Town Center <br />project, but he was not sure of the legalities on protecting a grant and the use of City funds. <br /> <br />City Attorney Goodrich explained that the legality of acquiring the right of way would require a <br />negotiated agreement with the land owner or condemnation of the property. <br /> <br />City Council/February 25, 2003 <br /> Page 20 of 24 <br /> <br /> <br />