06-1097Return copy to: (BJE)
PW/Technical Services — Real Estate
1000 City Hall Annex
RESOLUTION
OF
Presented By
Refened to
Council FYIe #
Green Sheet #
PAUL, MINNESOTA
Committee: Date
3034238
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2 WHEREAS, Time Warner Telecom ("Time Warner') is requesting the use of a one-foot corridor of park land
3 within Le�ngton Parkway for the installation of an underground communicaUOns cable to service abutting
4 private properties in the vicinity of Energy Pazk Drive, as shown on the attached map (Exhibit "A"), a copy of
5 which is also on file in the Department of Public Works, Technical Services-Real Estate OfFice, file number 15-
6 2006; and
8 WHEREAS, the City of Saint Paul, Division of Parks and Recreation ("Parks") has given pernussion to Time
9 Warner to construct said underground communications cable in Lexington Pazkway for this purpose, based upon
10 the recommendation of the Saint Paul Parks and Recreation Commission as contained in its ResoluUOn Number
11 06-16, adopted August 9, 2006, a copy of which is attached hereto; and
12
13 WHEREAS, Time Warner must enter into an agreement with the City of Saint Paul for the permanent use of
14 said communications cable within the parkway, and pay just compensation to Parks as determined by an
15 independent appraisal pursuant to Sec6on 13:01.1 of the Saint Paul City Charter; now, therefore be it
16
17 RESOLVED, that the proper City officials are hereby authorized and directed to enter into an agreement with
18 Time Warner for the construction, operation and maintenance of an underground communications cable across
19 portions of Lexington Parkway as depicted in Exhibit "A"; and be it further
20
21 RESOLVED, that just compensation for said use of Lexington Parkway be paid by Time Warner and deposited
22 into the Parkland Replacement Fund and held in reserve for future purchase of park property as required in
23 Chapter 13.011 of the City Charter, and that'any other costs incuned by the City of Saint Paul to complete any
24 agreement, shall be fully compensated by the property owner.
2 5
Requested by the Division of:
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Form App�i ed by
Adopted by Council: Date /a �i1� /�11�
Adopuon Certified by Co ncil Secretary '�
By:
Approved by ate Z� o
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for Submission to Councii
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G:�Real Fstate\Vacations�2006\I5.2006 - Lexington Parkway (cable)\152006I.exPkwy.TWcable Droersion.Cnc7Ru.doc
26
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
06 /r� 7
Depattrnentloffice/eounal_
pW — Publicwo�s
Contact Person & Phone:
Bnice Engelbrekt
266-8854
Musf Be on Counu"IAgenda by (Datej:
os-oECOS PuBItG i�EA�RlNG
Doc. Type: RESOLUiION
E-DocumentRequ"ved: Y
Document Confact: Bmce Engelbrekt
Contact Phone: 266-8854
Date Initiated:
02-NOV-06
�
Assign
Num6er
For
Rauting
Order
Green Sheet NO: 3034238
0 tic Works Bruce db
1 a De arhnentDi r n ��`
2 Attorn n ( �` I�J�
3 kNavork Office I Mavor/Assistant W g �
4 un 1 p �p
S erk C5 Qerk ' � �� e �
� U i v 4.�.
Total # of Signature Pages _(Clip 4JI Loeations for Signature)
Approval of a resoluflon authorizing the diversion of city pazkway property for Time Wamer Telecom for the installauon and use of an
undergound communications cable.
idations: Apprrne (A) or P
Planning Commission
CIB Committee
CiHI Sen.ice Commission
'I. Has this persoNfirtn eeer waked under a contract for this department?
Yes No
2. Has this persoNfirtn eeer been a city employee?
Yes No
3. Does this person/fiRn possess a skill not nomially possessed by any
curtent city employee? , ,
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, OppoRUnity (Who, What, When, Where, Why):
The City Charter (Ch. 13.01.1) requires that when ciry pazk property is to be used for non-pazk purposes, the value of the property must
be deternuned and the party peflfloning for the use must pay the value into the Pazkland Replacement Fund. This resolufion authorizes
the "diversion" of a on�foot secfion of the westerly Lexington Pazkway boulevazd to service private properties in the vicinity `of
Energy Pazk Drive.
Advantages HApproved: -
The cable wIll be authorized to be within the parkway azea. The City will receive $600 for the private use of the pazkway.
Disadvantages HApproved:
There wIll be a permanent underground cable within the parkway; however, it will not prevent the use of the s�sface of the pazkway for
bonlevazd and walkway. �
Disadvantaqes IF Nat Approved:
The abutting property owuers will not be able to have use of tl�e Time Wamer cable. The City wiil forego $600 in payment for the value
of pazk land diverted.
ToWI Amaunt of
Transaction:
Fundiny Source:
Financiai Information:
(F�cplain)
�$rjQ CosURevettue Budgeted: -
Activrty Num6er.
The total payment includes the $600`land value, plus $1,000 for an independenC appraisal, plus $250 for an
administrativefee. � ' � ��� ��ge�7�p�D
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� pau� Parks ana Recreation Commission
300 City Hall Annex, 2S W. 4tb Strce; Saint Paul, MN SS102 -(651)266-b404
RESOLUTION 06-16
WHEREAS, the Saint PauI Parks and Recreation Commission is an appointed body established to
advise the Mayor and City Council on long-range and city-wide matters related to Pazks and Recreation;
and
WHEREAS, Section 13A1.1 of the City Charter requires that the Commission review any
diversion or disposal of park properiy and present a recommendarion to the Saint Paul City CounciI; and
WHEREAS, the City of Saint Paul, Division of Pazks and Recreafion, owns city parkway properry
Imown as Lexington Parkway spanning the city from Larpenteur Avenue to West Seventh Street; and
WHEREAS, Time Wamer Telecom ("Time Warner") is requesting the diversion of a one-foot
corridor within Lexington Pazkway for the installarion of an underground communications cable to service
abutting private properties in the vicinity of Energy Park Drive, as shown on Exhibit "A"; and
Wf IEREAS, the Division of Parks and Recreation has detercnined that the pazkway property may
be diverted for this purpose and recommends Commission support for the request, subj ect to:
I. Satisfacrion of conditions as set forth in a temporary Right-of-Entry Permit between the City of
Saint Paul ("City") and Time Wamer, atfached as E�chibit "B"; and
2. Execution of a subsequent permanent License between the City and Time Warner folIowing
completion of the pazk land diversion procedures, including:
a. Appraisal ofthe land diverted and deposit ofpayment in the Parkland Replacement
Fund;
b. Payment of administrafive fees; and
c. Approval of the diversion by the City CounciI at a public hearing;
NOW, THEREFORE BE IT RESOLVED, that the Saint Paul Parks and Recreation Comxnission
concurs with the request to divert city park land along I,exington Pazkway through a license Yo Time
Wamer Telecom, and in accordance with City Charter Section 13.011 recommends approval by flie Saint
Paul City Council.
Adopted by the Saint Paul Parks and Recreation Commission on August 9, 2006:
Approved:
Resolution 06-16
Yeas �''
Nays �
Absent: �
Attested to by:
C,C�t.� ��'?'L.r9S,�-�i-�
Staff to the P and Recreation Commission
G:IDMWPIPARKS COMMISSIOlV1RESOLUIIOnS120061D616LEXPKWY.TWCABLEDIYERSION P&RCRES.DOC '
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