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Mounds View EDA November 28, 2005 Regular Meeting Page 4 City Administrator Ulrich explained that with the right-of-way purchase there is a grant provision 129 that it must be made by the City, which staff thinks is ridiculous because the land is in Anoka 130 County, Ramsey County, Blaine, Shoreview, and Mounds View. Staff’s concern is to not be put 131 into a situation where Mounds View is actually purchasing right-of-way in other cities and 132 counties. Staff is trying to resolve this issue but it may require action by the EDA. 133 134 City Administrator Ulrich advised that staff and the City Attorney are working through the 135 Governor’s office to resolve that issue but it is withholding the County from making the right-of-136 way purchases in a timely manner. 137 138 City Attorney Riggs stated staff has been in discussions with DEED and the Governor’s office 139 about how this can proceed. DEED has been in consultation with the Attorney General’s office 140 that the City needs to be the acquiring agency. Staff is trying to work around that issue and there 141 may be some options that would require modifications to the agreement. If not, staff will return 142 for EDA consideration on this issue. He noted there is $5 million available and is a matter of 143 how to best facilitate that for the five jurisdictions involved. 144 145 President Marty suggested that DEED could funnel or transfer the money to the affected cities. 146 He noted that when Mounds View sold the property, the City got the money and then transferred 147 it to Mn/DOT. He stated he has talked with the Mayor and a Councilmember of Blaine and all 148 along they have been in total support because of the improvements to County Road J and I-35W. 149 President Marty stated his preference if the City could transfer the money to Blaine so they could 150 acquire the property within Blaine. 151 152 City Attorney Riggs explained there are three “pots” of money in play and dollars from DEED, 153 some designated to the County, some to the City, and some to Mn/DOT for right-of-way 154 purchase. He agreed that many agencies are involved and explained that typically the County 155 would be the acquiring agency but two counties involved in this situation. City Attorney Riggs 156 stated staff hopes to work it out so the dollars can be utilized immediately. 157 158 President Marty stated in reading reports on the AUAR from Anoka County, they were also in 159 support. City Attorney Riggs stated that is correct and the issue is finding the correct legal 160 mechanism based on the language in the two statutes that were adopted during the last session. 161 162 City Administrator Ulrich explained that may necessitate the EDA holding a special meeting so 163 bids can be done by December 1st. However, it is not likely that will occur if significant 164 modifications are needed. 165 166 City Attorney Riggs advised that the County wanted to make offers to the property owners by the 167 first of December and notices of condemnation may also be needed. However, if the City is the 168 acquiring agency it would be difficult because the City has not done anything in that regard. 169 170