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87-1054 WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PA U L Council CAN4RV - OEPARTMENT / � ' Bl=�- -�.�4VOR File � NO. �� ` �� , � ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, the State of Minnesota Transportation Regulation Board has approved the Burlington Northern Ttailroad's request to abandon its rail line from Downtown Saint Paul, along the bc�undary of District Five Planning Council with Districts Four and Two, past Phalen Lake to White Bear Lake (Phalen Creek Rail Line); and WHE�2EAS, the City's Comprehensive Plan identifies the route of this rail line for potential use for rail transit, and as a route for a recreational trail; and WHEREAS, the City's Comprehensive Plan also iclentifies the potential for a street serving industrial lands along the boundary between Districts Four and Five; and WEiEREAS, Districts Two, Four and Five have recently completed revisions of their District Plans which address future use for this land ar�7 do not concur in recommending transit use; and WHEREAS, the City of Saint Paul owns a major easement in this rail line rcightrof-way for storm and sanitary sewer use; and fr�HEREAS� the Ramsey County Regional Rail Authority has the power to acquire such a rail line, land bank it for future rail or rail transit use, sell excess land, and allow such ancillary uses such as a street or recreational trail use that does not conflict or prevent future rail use; and WHEREAS� other municipalities, including White Bear Lake, Gem Lake, Maplewood and Whit� F3ear Township have expressed interest in preserving this rail line right-of-way for future public use; and WHEREAS, no one city can act unilaterally to acquire the entire rail line being abandoned, nor has the resources to do so; and WHEREAS� Ramsey County� through its Regional Rail Authority has the ability to acquire, and to act for its municipalities; COU(VC[LMEN Requested by Department of: Yeas Nays In Favor Against BY Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By A►pproved by Mavor: Date Approved by Mayor for Submission to Council By BY WHITE - CITV CLERK 1 PINK - FINANCE COI1�1C11 -B��.EQ'� �$VPORTMENT GITY OF SAINT PAUL File NO. 1 lv`� - - , � Council Resolution Presented By � Referred To Committee: Date Out of Committee By Date -2- �.'HEREFORE, BE IT RESOLVED� that the City of Saint Paul recommends that the Ramsey County Regional Rail Authority conduct a thorough review of the potential for acquisition of the Burclington-Northern rightrof-way from Division Street near powntown Saint Paul, through the Phalen Creek Valley, to White Bear Lake, and that such review take into consideration plans arid recommendation of the Metropolitan Couricil and the Regional Transit Board as they pertain to transit rail or other transportation development, and of th� Department of Natural Resources, Metropolitan Council, and Metropolitan Parks and Open Space Com�nission as they pertain to the development of reqional trails and recreation corridors; and BE IT FURTHER RESOLVED� that the Ramsey County Regional Rail Authority establish an advisory comnittee representing affected municipalities and Saint Paul Di�trict Councils Five, Four and Two, to advise the Rail Authority on the issue3 to be considered and the concerns of Ramsey County residents regarding acquisition and use of the abandoned raiZ line; and BE IT FURTHER RESOLVED� that the Ramsey County Regional Rai1 Authority� report its findings on the question of acquisition and re-use of the rail line and hold a public hearing to receive cotmient before taking action on the question; and BE IT FURTHER RESOLVED� that the staff of the City of Saint Paul will cooperate with the Planning Com�nission, the District Councils of Districts Two� Four and Five, the Ramsey County Regional Rail Authority , and other appropriate bodies for the purpose of gathering infonnatiori, recommending future uses, and evaluating the advisability of public acquisition. COUNCILMEN Requested by Department of: Yeas Drew Nays Nicosia Rettman [n Favor Scheibel p Against BY Sonnen 4�Teida W].1SOri JUL 2 Z 19$7 Form Approved by City Attorney Adopted by Council: Date Gertified Pas e by 'I Se ry BY gy. Approv d y Mavor: Date • JUL 2 g Approved by Mayor for Submission to Council By P�ts� q�� 1 1987 WHITE - C�TV �LERK �� PINK - FINANGE G I TY OF SA I NT PA U L Council G CANARV - DEPARTMENT {�IIC NO. V � �� 9LUE - MAVOR � ti Council Resolution - � �� , � �J �- �� Presented By Referred �To--- Committee: Date Out of`�ommittee By Date WHEREA$�, the State of Minnesota Transportation Regulation Board has approved the Burli�gton Northern Railroad's request to abandon its rail line from Downtown S��nt Paul, along the boundary of District Five Planning Council with Distric�.s Four and Two, past Phalen Lake to White Bear Lake (Phalen Creek Rail Lin1e) ; and : :l WHEREAS, the City��s Comprehensive Plan identifies the raute of this rail line for potential 'ia�e for rail transit, and as a route for a recreational trail; and `�, WHEREAS, the City's Comp hensive Plan also identifies the potential for a street serving industrial nds along the boundary between Districts Four and Five; and WHEREAS, the City of Saint Paul wns a major easement in this rail line right-of-way for storm and sanita sewer use; and WHEREAS, the Ramsey County Regional il Authority has the power to acquire such a rail line, land bank it for fut re rail or rail transit use, sell excess land, and allow such ancillary u s such as a street or recreational trail use that does not conflict or preve t future rail use; and WHEREAS, other municipalities, including Whi e Bear Lake, Gem Lake, Maplewood, and White Bear Township have expre ed interest in preserving this rail line right-of-way for future public u e; and WHEREAS, no one city can act unilaterally to acqui e the entire rail line being abandoned, nor has the resources to do so; an WHEREAS, Ramsey County, through its Regional Rail Auth rity has the ability to acquire, and to act for its municipalities; COUNC[LMEN Requested by Department of: Yeas Drew Nays Nicosia ln Favor Rettman Scheibel so,,,,e„ __ Against BY �� Tades�o wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By. Approved by Mavor: Date _ Approved by Mayor for Submission to Council BY - - — BY WHITE - C�TV CLERK �� -/) PINK - FINANCE � � CANARV - DEPARTMENT G I TY OF SA I NT PAU L F�e ci1NO. � _�1�� BIUE - MAVOR Council Resolution Presented By ,_ .c�, Referred To Committee: Date Out of Committee By Date THEREFORE, BE IT RESOLVED, that the City of Saint Paul requests the Ramsey County Regional Rail Authority to seriously review and consider acquiring �: the Burlington '�Torthern Railroad right-of-way from Division Street near �!' Downtown Saint P�il, through the Phalen Creek Valley, to White Bear Lake; and ,\ �. -. BE IT FURTHER RESOLVE�k that the Ramsey County Regional Rail Authority establish an advisory c ittee representing affected municipalities and Saint Paul District Counc s Five, Four and Two, to advise the Rail Authority on the issues to e considered and the concerns of Ramsey County residents regarding acquisiti n and use of the abandoned rail line; and BE IT FURTHER RESOLVED, that the Ramsey County Regional Rail Authority, report its findings on the questi of acquisition and re-use of the rail line and hold a public hearing to r eive comment before taking action on the question; and BE IT FURTHER RESOLVED, that the City o Saint Paul will cooperate with Ramsey County Regional Rail Authority wit necessary staff assistance to �'r `�' develop an advisory committee and to gathe pertinent information needed to evaluate the advisability of public acquisit on. � .:1. :� ,i COUNCILMEN Requested by Department of: Yeas Drew Nays � Nicosia [(1 FBVOC Rettman Scheibel d Sonnen __ Ag81t1St BY Tedesco W ilson Form Approved by City Attorney Adopted by Council: Date Certified Passe uncil Secr ry BY gy. A►pproved by Mavor: Date _ Approved by Mayor for Submission to Council BY - – — BY �'�.- ��-- �G�� au1 M. �illilayi� s PLANNING AND HUMAN SERVICES CONSULTANT . �409 MCAFEE STREET ST. PAUL, MINNESOTA 'rJ 'rJ�O6 � (612) 771-4933 July 21 , 1987 Councilman Chris Nicosia 7th floor City Hall and Court House St. Paul , Minnesota _ Dear Mr. Nicosia, In conversation with Marge Avoles this afternoon, i proposed drafting some substitute language for the resolution on Burlington-Northern acquisition which would be compatible with the concerns of the neighbors. The following would clarify the intent of the City's position which seems to be left most unclear in the proposed resolution as drafted by Ms. Sonnen. If it �s the intent that both the City and the RRA study future use of the land, we fully concur. However the current draft leads one to believe that intent is aquisition for a limited purpose (light rail and/or trail development.) Page i , Par. 3; (Add a WHEREAS after paragraph 3. ) � "WHEREAS, Disrticts 2, 4, and 5 have recently completed revisions of their District Plans:which address future use for this land and do not concur in recommending ,transit use, and" Page 2, Par. 1 ; (Amend by substituting. ) "THRERFORE, BE IT RESOLVED, that the City of Saint Paul recorrnnends that the Ramsey County Regional Rail Authority conduct a thorough review of the potential for acquisition of the Burlington-Northern right-of-way from Division Street near pown- town Saint Paul , through the Phalen Creek Valley, to White Bear Lake, and that such � review take into consideration plans and recoRUnendations of the Metropolitan Council and the Regional Transit Board as they pertain to transit rail or other transport- ation development, and of the Department of Natural Resources, Metropolitan Council , and Metropolitan Parks and Open Space Commission as they pertain to the development of regional trails and recreation corridors , and" Page 2, Par. 4; (Amend by substitution.) "BE IT FURTHER RESOLVED, that the staff of the City of Saint Paul will cooperate with the Planning Commission, the District Councils of Districts 2, 4, and 5, the Ramsey County Regional Rail Authority, and other appropriate bodies for the purpose of gath- � ering information, �r�commendi:ng future uses, and evaluating the advisability of public acquisition." Thank you for your conside tion, � � � � , � �. h < f I ,. � � . R ."� �: � . ! �! . � ` t s � r � ` .�5 � �fl � l � y t.r T Y �( ' ��1�3�,J � I h7` i. _ �, ' x�� '�r } ,� . , - � � �._ �- ��'� � Z T' y, 4 .�y ,. ` ,a '�; 1 � '�fi�7 t l i � +r . - l. � r. .�. 1 �`� ' :1 �' . � t � +i k �",' t' 7 ( .:� � S' � '�' k ) �. ,� , , �� — �� , � r� , . , ��, � . � , ' ;a. � �� i, � ' }' ,. . ,. � t , �. . . �w , � %� �, ;' � :�� '� �` � �: � � +� A ++� . �� '�� + �g V� ZJ �! `' t ,'S'� ' Y , w' ;. 1 `� + r. , i a � � ( . �; 1 t 4',` .l� {N �� E . l � .r i � �� . �� _ '.)' 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"! . _ .. . , 1,: _ _ - � .'.' ."w`4' � �_t.� ��`-5 . .. } , r . ,t� t,' F .� - ,� \ ._ �\. � ` � ~ + �F ` j' `t t � a-.! � ' �i�. , � ��, ' � ;i�. � � - � : ' u. - , C, i: . � a.. . ` �y� r., � , f�"� > - �� t � � ; x i" , # ` y . , - "' r:, '' '� . .,� �r .-.. ,r � , , r � � ., , _ , . � � ,� a � �i'; ,J ! ' , 4, j�, t �1, , � - � � , ; ; , , , .,, ,.. . � �^ z, � � � � � � � , , �. � 1 '.i � � . s p`� � 2 � i � � � }.' r HS ,� i a h�:.. 3 ., �i�� ' � s. _ . .. ., I�`,'� ., .�� l. �.., _..��.�t_�v`� . : s�. . E]u�=_ �.�k'.k� . .�.,. . .,,. F. .,., .. . ._ . w .! .�4.r , . . ._ . �..... �.. )., r_..v . � � ,�o • � �� 'f�S� �:• -. �� CiTY OF SAINT PAU � � � OFFICE OF THE CITY ATTORNE' ae •� 1 ,: y� �Il l'l i'tlll i 7 '-• � �`€ EDWARD P. STARR, CITY ATTORNE ��Q'�u„��.;��` 647 City Hall,Saint Paul,INinnesota 5511 GEORGE LATIMER F��ED 612-298-51: MAYOR �, ' ��'��L �U � Z:� �., �; ' i;i i;7 July 7� 170/ /+rrC• �' 1�(�; r v 4 I, r-, ^L Council Member Kiki Sonnen Seventh Floor City Hall Dear Council Member Sonnen: This is in response to your letter of July 7th. You ask whether two or more municipalities can form a regional rail authority through joint powers agreement. Establishment of regional rail authorities is governed by Chapter 398A, Minnesota Statutes. The answer to your question is found in section 398A. 03 , subdivision l , which provides that a city or cities may request that the county establish a regional rail authority, and if the county does not so organize an author- ity within 90 days of the receipt of the request, the city or cities may organize such a regional rail authority. I understand that the Ramsey County Board has in fact already established a regional rai.l authority under Chapter 398A of Minnesota Statutes , so therefore the cities in Ramsey County are no longer able to organize such an authority pursuant to a joint powers agreement. Your letter then sets forth the following factual situation: Let' s say the County has a regional rail authority set up and composed solely of County Commissioners. Let' s say this regional rail authority rejects a proposal to acquire an abandoned rail line within the County limits. Let' s say two or more municipal- ities along that rail line disagree with the rail authority' s (Caunty' s) decision and those municipalities want to acquire the line for transit and other uses . , You then ask if these municipalities can form a second, or alternative, regional rail authority and acquire the line? The answer to ..this question is in the negataive. The city' s � authority to establish a regional rail authority is found in Chapter 398A, arrd as stated above, a municipality may establish such an authority only if the County has not done so within 90 days of the receipt of a written request to do so from a municipality or municipalities. However, a municipality or ` �c,�� s , • ' C1��7- . , . Council Member Kiki Sonnen Page Two July 9, 1987 municipalities are not authorized to establish a second regional rail authority in the event the county should elect to establish � one. Assuming that the municipalities have the power and authority to acquire the abandoned rail line for public use, then the municipalities could use the "Joint Powers" procedure to acquire the abandoned rail line, and may dedicate, sell , convey or lease this line to the Ramsey County Regional Rail authority pursuant to the authority granted by Section 398A.06 of Minnesota Statutes. However, this does not give the municipalities the authority to establish a second regional rail authority. Please let me know if you have any further questions. You�s very tr y, i ' ! , J ME J . S AL A istant �i y Attorney JJS :cg � � cc : Mayor Latimer City Council Members � -��. , � ��-�`�-i��r� ' � -��^�� CITY OF SAINT PAUL =��°'*' °%:--, '�' '-"''= OFFICE OF THE CITY CLERK ;� ., ;� itnn .' %: �� ALBERT B. OLSON, CITY CLERK ''�• _ �''a� �.•• 386 City Hall,Saint Paul, Minnesota 55102 "�+man�...o��``,� 612-298-4231 GEORCE LATIMER MAYOR July 24, 1987 ATl'ENTIoId: District Councils 2 and 5 On July 22, 1987, the City Council will hold a public hearing to consider a resolution requesting the Ramsey County Regional Rail Authority to review and consider acquisition of Burlington Northern Railway rightrof-way from Division Street near downtown St. Paul to the Phalen Creek Valley to White Bear Lake and requesting establishment of an Advisory Committee and requesting public hearings by the Ramsey County Regional Rail authority to receive co�nents on its findings of acquisition and reuse of the railway line. cc: All District Councils . . . -!�- ��- ��.�� ,�, � . `� ��j``y>'� ��'"E;, ,;, \ �' �y ��i i�r`•%i � 1;:1�! �� y �.'�.: +!,�� "j La. � �� '. ;0�; ��L 2 w 19�7 ;- ,�•, COUNCILMEPnBER �� Ki ki Sonnen �-�, ��I SONNEN ;:,�' July 21, 1987 �.��i St. Paul Ci ty Counci 1 �i :• _..�.<.;�, co%'I ; .� � Re: Burlington Northern Railroad Abandonment Dear Councilmember Sonnen, Thank you for your letter informing me of the July 22, 1987 public hearing regarding the possible acquisition of the Burlington Northern railroad abandonment in St. Paul . Unfortunately, I will be unable to attend but I and the Minnesota Coal ition of Bicy�cl i sts do wi sh to voice our support for your continuing efforts in the acquisition of this rail line. I have spoken to Qan Collins, DNR Trails & Waterways, regarding the potential for state involvement in this acquisition. I understand and accept the DNR' s preference for utilizing the East Central Business District connection as a tie-in between the downtown area and the yet to be developed Gateway Segment of the Minnesota/Wisconsin Boundary Trail (utilizing the old Soo Line right-of-way), However, the DNR' s interest in the ECBD connection does not diminish the potential trail opportunities which the Burlington Northern rail line could offer, The city of Minneapolis and Hennepin County have recognized the value of recreational trail s and have made a substantial investment' in their acqui sition and development. Of note is the fact that these are not just trails located within larger recreational facilities but are also trails whic h connect recreational facilities. The Burlington Northern rail line has the opporty�nity to serve city and county residents in several ways: - As a trail connector between residential areas and downtown, Phalen Park, the White Bear Lake area, and other recreational trails existing or to"�be deve]oped. - As a commuter route for bicycl i sts. - As a candidate for the, development of a light rail transit line serving commuters to the downtown area. I have been told that some objections to this project are being voiced by residents adjacent to the line who are concerned about increasec# activity "in their back yards. " Thi s i s an understandable concern but one which can be mi ti gated. T he DNR ha s had muc h experi ence i n dea 1 i ng wi�th suc h concern s and could be called on to offer advise and assistance. I know that many individuals and communities who originally opposed DNR trail developments �'� became strong allies once the trails were developed and people could observe their use and realize the personal and community benefits which they presented. ' � ' , , �°�=�� /�_5 � Once again, I thank you for your efforts in this matter and hope that the city council will see the value to our community whic h this rail line acquisition presents. Please let me know if the Minnesota Coalition of Bicycl i sts can be of any further assi stance in thi s matter, Sincerely, �� • Michael Miller 121 Otis Avenue St. Paul , MN 55104 cc: Dan Collins �.,c�,�7-�a.s� p��c�Q G°�[��ar� I)istr�ict F�ive Flan��ng Council 107� A��de �treet, Sain# P�ul, MN 551 Q� (�12) 7�4w6234 July 23, 1987 Councilman Chris Nicosia City Hall - 7th floor St. Paul, 1�T 55102 Dear Councilman Nicosia: The proposed City Council resolution that was introduced by Councilwoman Sonnen concerning the Ramsey County Regional Rail Authority to seriously review and consider acquisition of the Burlington Railroad line from St. Paul to White Bear was discussed at the District Five Planning Council meeting last evening, July 22, 1987. As you are aware, residents in the vicinity of the railroad line are concerned that a full range of options for reuse of the land be studied and that the intent of the resolution in its current form could be interpreted, as being limited in purpose. That is, it could suggest that the only light rail transit or trail development will be given serious consideration :and that the intent is acquisition for that purpose. The District Five Planning Council supported the reso�.ution with the substitute language that has been drafted by Paul Gilliland from District Two in order to clarify the City' s position on this issue. The amendments approved include: Page 1, Par. 3; ( Add a WI3EREAS after paragraph 3.) "WHEREAS, Districts 2,4 and 5 have recently completed revisions of their District Plans which address future use for this land and do not concur in recommending transit use and" Page 2, Par.l (Amend by substituting) THEREFORE, BE IT RESOLVED, that the City of Saint Paul recommends that the Ramsey County Regional Rail Authority conduct a thorough review o£ the potential for acquisition of the Burlington-Northern right-of-way from D ivision Street near powntown Saint Paul, through the Phalen Creek Valley, to White Bear Lake, and that such review take into consideration plans and recommendations of the M�etropolitan Council and the Regional Transit Board as they pertain to transit rail or other transportation developanent, and U�!��fU�� , , of the Department of Natural Resources, Metropolitan Council, and Metropolitan Parks and Open Space Commissions as they pertain to development of regional trails_ and recreation corridors, and" Page 2, Par. 4; (Amend by substitution.) "'�E IT �ITRT�� R�SQLVED, �1�� e ��f� o� th� C�,�y o� ��i�t P�t�� will cooperate with the Planning Commission, the District Councils of D istricts 2,4, and 5, the Ramsey County Regional Rail Authority, and other appropriate bodies for the purpose of gathering information, recommending future uses, and evaluating the advisability of public acquisition." � Thank you for considering these revisions. The council felt that this language would alleviate some of the concerns of residents regarding the reuse of the railroad line in the Phalen Creek Corridor. Sincerely, R �'�,or'derski <<� � , Ray Mordorski, Chairperson D istrict Five Planning Council cc: City Council