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05-216Council File # (�S • oZ�/� Green Sheet # 3025477 RESOLUTION OF SAfNT PAUL, M1NNE30TA Presented WHEREAS, the City of Saint Paul holds property interests over a certain 76.5-acre parcel within the Boazd's Sucker Lake Regional Pazk properry, as legally described below (the "Parcel"): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ;and �! The East One-half (E. '/z} of the Southwest Quarter (5.W. '/<) of Section Nineteen (19), in Township Thirty (30), of Range Twenty-Two (22) Ramsey County, according to the Government 5urveythereo£. WHT,REAS, the Parcel was purchased with funds from the Boazd of Water Commissioners (the "Board") far the purpose of protecting the Board's public water utility source waters, with title held by the City of Saint Paul in name only and solely for the benefit of the Board; 'and WHEREAS, Board construction projects at Lambert Lake in Vadnais Aeights, and along County Road I at Marsden in Spring Lake Park and Lexington Avenue in Shoreview cannot be accomplished without the loss of certain wetlands; and WHEREAS, pursuant to Minnesota Wetland Rules, and as a result of said ]oss of wetlands, the Board is required to mitigate for loss of wetland, that is, to create a new wetland; and WFIEREAS, stafF has found a suitab]e site within the Parcel on which to mitigate for the project sites; and WI�REAS, mitigation of the Parcel would not only satisfy Minnesota Wetland Rules, but would also create surplus wetland mitigation credits; and WI3EREAS, the assistanY ciry attorney has advised the Boazd that it can legally hold title to the Pazce1 since it was purchased with Board funds, and moreover, Minnesota Wetland Rules and Wetland Banking Easement requirements would be accomplished more efficiently and with less confusion if title to the Parcel was held in the name of the Board, and furthermore, as £ee owner of fhe Parcel, the Board would more directly and rightly receive any proceeds from the future sale of surplus wetland credits earned as a result of its wetland mitigation measures; and W1�REAS, the Boazd did adopt Resolution No. 5007, which requested that the City of Saint Paul execute a quit claim deed in favor of the Board frn the Parcel for the above stated purposes; now, therefore, be it • os-a�� 1 RESOLVED, that the Honorable Council of the City of Saint Paul authorize its proper officials to 2 execute a quit claim deed in favor of the Board of Water Commissioners for that certain 76.5-acre pazcel 3 of land situated within Sucker Regional Park in the City of Vadnais Aeights, Ramsey County, Minnesota, 4 described above. Xeas Nays Absent Benanau y Bostrom , Harris ,i Helgen ,� Lanhy ` Montgomery � Thune � f1 Requested by Department of: Saint Paul Regional Water Services By: ���_�(�..SG�-+ Gener 1 Manager Form Approved by Citp Attorney � Adopted by Council: Date /`/j/�/f� // ��j,y S Adoption Certified by Council Secretary By: Approved by Iy� o: Date _S, `� BY= --/ ����/ . Appr Mayor for Submiss' to By ' � � - ' os-ai� C�7 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � WA - Wazer(1tiliry Contact Person & Phone: Sieve 5chneider 66274 Must 8e on Council Aaen i Uate Initiated: �� o,�,R-05 i Green Sheet NO: 3025477 � Assign Number For ftouting Order o¢oactmenc �enc � e rerson mmauuate 0 hVaterUtilitv i �@� 1 WaterULlitv I DeuartmentDirecror '�: d� 2 ,�itvAttomev i ' � 3 �Ylavor'S �ce i MavodASSistant _ 4 ouucil i 5 ih Cferk Cih Clerk � Total # of Signature Pages _(Cfip Afl Locations for Signature) Adion RequesMd: Adopt council resolution directing execution of a deed that quits the City's interest in property located within the Board of Water Commissioners Sucker Lake Regional Pazk in favor of the Boazd. Attachments: 1) proposed ciry council resolution; 2) location map; 3) ! Boazd Resolution No. 5007 requesting execution oY deed. . Recommendations: Approve (A) or Reject (R): �� Planning Commission ' CIB Committee Personal Service ContracYS Must Answer the Following Questions: 1. Has this personffirm ever worked under a contrect for this department? Yes No Civil Service Commission i 2. Has this person/firm ever been a ciry employse? I Yes No . 3. Does this person�rm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet I Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ; Board desires to satisfy Minnesota Wetland Rules by creating wetland credits over a 76.5-acre parcel of ]and purchased with Board i funds and held in title by the City in name only and solely for the benefit of the Board. The City Attomey's Office has determined that I such banking of credits would be accomplished more e�ciently if title to the parcel and was held in the name of the Boazd. '' Advanpges If Approved: � The Board will be able to bank and sel] its wetland credits without the expenditure of City resources. ��� DiSadvanWqeslfApproved: None. , Disadvantages If Not Approved: The Board will not be able to satisfy Minnesota Wetland Rules. Transaction: Fundinp Source: , Fina�iallntormation: (Explain) CosURevenue Budgeted: Activitv Number: r , ♦ .� � R@s��fr.h t`,�nt�� MAR 0 4 2005 oS-a�t� BOARD OF WATER COMMISSIONERS RESOLUTION — GENERAL FQRM Na 5007 COMSM Kleindl p February 8, 2�05 WHEREAS, the Wetland Conservation Act of 1991, as amended bp Minnesota Statute § 103G.222 and as implemented by Minn esota Rules Chapter 8420 (collecrively, the "Minnesota Wetland Ru1es'�, e�st to halt the loss o£weflands, to retain the benefits of wetlands and reach the goal of no-net-loss of weflands; and WHEREAS, Boazd construction projects at I.ambert L,ake in Vadnais Heights, and along County Road I at Marsden in Spring Lake Pazk and Le�na on Avenue in Shoreview cannot be accomplished without the loss of certaiu wetlands; and WEI�I2EAS, pursuant to Minuesota WeUand Rules, and as a result of said loss of weflauds, the Boazd is required to mitigate for loss of wetland, that is, to create a new wetland; and WfIEREAS, staff has found a suitable mitigation site to mifigate for the project sites on a certain 76.5-acre pazcel within the Boazd's Sucker Lake properry, as described below (the "Parcel"): The East One-half (E. ih) of the Southwest Quarter (S.W. i/a) of Section Nineteen (19), in Township Thirty (30), of Range Twenry-Two (22) Ramsey Counry, according to the Government Sutvey thereof. ; and WIIEREAS, mitigation of the Pazcel would not only satisfy IVlinnesota Wetland Rules, but would also create surplus wetland mitigation credits; and WHEREAS, the Parcel was purchased with funds from the Boazd of Water Commissioners for the purpose of protecting the Board's public water utiliry source waters, with ritle held by the City of Saint Pau1 in name only and solely for the benefit of the Board; and WHEREAS, the assistant city attorney has advised the Boazd that it can legally hold ritle to the Parcel since it was purchased with Boazd funds, and moreover, Minnesota Wefland Rules and Wetland Banldug Easement requirements would be accomplished more e�ciendy and with less confusion if tifle to the Parcel was held in the name of the Boazd, and fiuthermore, as fee owner of the Pazce1, the Boazd would more directly and righfly receive any proceeds from the future sale of surplus wefland credits earned as a result of its wetland mitigation measures; now, therefore, be it RESOLVED, that the Board of Water Commissioners does hereby request that the Honorable CouncIl of the City of Saint Paul authorize its proper officials to execute a quit claim deed in favor of the Boazd of Water Commissioners far that certain 76.5- acre pazcel of land situated within Sucker Regionai Park in the City of Vadnais Heights, Ramsey County, Minnesota, described above; and, be it FURTHER RESOLVED, that following execution of said quit claim deed, the Boazd of Water Commissioners does hereby authorize its proper o�cials to dedicate a Perpetual Conservation Easement for Wefland Banking over said 76.5-acre pazcel, following revaew and approval by the assistant city attomey. Water Commissioners S.'� Anfang Kleindl 23ays Adopted by the Board of Water Commissioners Montgomery President Harris In favor 4 Oppos� � February 8, Z� OS G � -t � v secv_