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09-416CITY Presented by Council File # –�/�. Green Sheet# 3069045 RESOLUTION SA{NT PAUL, MINNESOTA �S 1 WHEREAS, the properry owners of 1315 Dale Street North have requested a diversion of city- 2 owned parkland for a fenced-in back yard and additional access area along the north side of their properry 3 abutting Wheelock Pazkway, as shown on the attached map (Exhibit "A"), a copy of which is on file in the 4 Office of Financial Services-Real Estate Division, in the file number 04-PKLDVRS-2009; and 6 WHEREAS, the City of Saint Paul, Division of Parks and Recreation ("Parks & Red') has given 7 permission to said properiy owners to use a fenced-in area over and across said city-owned pazkland, as 8 stated in the Saint Paul Pazks and Recreation Commission's Resolution Numbered 09-04, adopted Mazch 9 11, 2009, a copy of which is attached hereto; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, said property owners must enter into an agreement with the City of Saint Paul for the construction and continued use of the azea requested, and pay just compensation to Pazks & Rec as determined by an independent appraisal pursuant to Section 13.01.1 of the Saint Paul City Charter; now, therefore be it RESOLVED, that the proper city officials are hereby authorized and directed to enter into an agreement with property owners of 1315 Dale Street North for use of the pazkland requested; and be it fixrther RESOLVED, that just compensation for said agreement be paid by property owner of 1315 Dale Street North and deposited into the Parkland Replacement Fund and held in reserve for future purchase of park properiy as required by Chapter 13.01.1 of the City Charter, and that any other costs incurred by the City of Saint Paul in accordance with the parkland diversion guidelines shall be fully compensated by said property owners. Yeas Na s Absent Bosffom � Carter � Hazris ,� Helgen ,� Lantry Stazk ,, Thune ,i � Adopted by Council: Date ��js��l J Adoption Certified by Co cil Secretary By: —__ i � Approv y ay .�Date � By: � Requested by Division of azks a� R � ' By: Approved by the Office of Financial Services By: N/A Approved by City Attorney BY� �icS.t_. �- fi ^'�_/ Approved by Mayor for Submission to Council BY� �( � '-�-' �-- /'. �L' 3 -3 /-l� � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet N _ ,i,� Gc� � ,. , .,,� Departmentl�celCouncil: �ate Initiated: FS —FinancialServices 27-MAR-09 Green Sheet NO: 3069045 Contact Person & Phone: Deparfinent Sent To Person InitiallOate 0 inancia7Services 266-8563 � 1 �,CityAttomev Cha� dS� � Assign 2 arksandRecreaftoa Director '�-� Must Be on Council Agenda by (Date): Number 3. a or's Office �� 15-APR-09 For Routing 4 uunc�7 �� � l DoaType:RESOWTION Order 5 i Cterk � • �� E-Dxument Required: N Document Contact: M�� 2 "� °900A L J Contact Phone: ToWi # of Signature Pages (Clip All Locations for SignaWrej Action Requested: � PUBLIG�FiE.4RtNG _ '�Approve resolurion to authorize divetsion of city parkland (VJheelock Parkway) abutting 1315 Dale St. N. for a fenced in back yard and addirional access azea along the north side of their properiy Recommendations: Approve (A) or fteject (R): Personal Service Contracts Must Answer the Foliowing Questions: Pianni�g Commission 1. Has this personlfirtn ever worked under a contract for fhis department? CIB Commitlee Yes No - C(vil Service Commission 2. Has this person/firm evsr been a city employee? Yes No 3. Does this person/firm possess a skill not normalYy possessed by any curreM ciYy employee? Yes No . Explain all yes answers on separete sfieet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The property ownee of 1315 Dale St. has requested this diversion of 885 sq. ft. of pazkland (Wheelock Parkway) for the use of a fenced-in yard and access to the north side of their property. There have been a nwnber of accidents at this intersection of Dale and Wheelock and ending up in their yard and even sfriking their house. The properiy owner wants to install a fence to provide a barrier to enhance a safety bairiez of boulders the City has installed at this intesection. At the same time the owner wants permission to wntinue using a fenced-in portion of the backyazd ffiat lies an City parkland. Advantages IP Approved: The City will receive funding for future pazkland purchases. Disativantages If Approved: Encroachment onto Ciry properry Disativantages If Not Approved: The City would forego addirional funding for future pazk purchases. The owners would continue to encroach on City pazkland without pernission. Totai Amount oi Transaction: CosURevenue Sudgeted:" Funa�ny source: Property Qwner Activity Number: Financial lnformation: (Explain) March 27, 2009 3:32 PM Page 1 6�r-yi� Parks � � Re�reation so��z eoo, so w, �ceuo� n�,a, s,:o� eeox nfw ssro: �bst)zcs-eaao RESOLUTTON 09-04 WI�REAS, fhe Saint Pau3 Yarks and Recreation Cammission is an appointed body established to advise tfie IvIayor and City Council on Fong-range and city-wide matters refated to Parks and Recrea6on; and WHEREAS, Section 13.O1.I of the City Charter requires ttiat the Commission review any diversion or disposal of pazk property and present a recommen8ation to tl�e Saint Paui City Council; and WI�REAS, the City of Saint Paul, Division of Parks and Recreation, owns city park land, tmotivn as Wheelock Pukway, generatly between Lake Como on the west and Lake Phalen on the east; and VJHEREAS, Nancy Crawford, the property awner at 1315 Dale Street, has requested the diversion of a 887 squaze foot area of the pazkvray for a fenced-in back yard and addifional access area along the north side of the property abntting tt�e parkway (as shown on Attachment A); and WFIEREAS, Wheetock Parkway ROW expaads at this address and the additionai iand created &om t6e expanded area is the land bemg requested to be 3iverted. It already has the appeazance of be9ng private property and alI parkland to the east is the same narrower width. (5ee attachment B). WI�IEREAS, ihe Division of Pat�ks and Recreation has determined thaf the park 2and may be diverted for this purpose and recommends Commission support for khe request; now, therefore BE 1T RESOLVED, that the Saint Paul Pazks and Recreation Commissioa concurs with Yhe request to divert city pazk land across a portion of V1lzeelook Pazln��ay abutting the narth side of the property at 13I5 Da1e Street, (as shown on Attachment A) Yhmugh a license agreement with the o�t*ners of 1315 Dala Sueei, and in accordance with City Charter Section 13.01. i recammends approval by the Saint Paul City Council. Adopted by tiie Saint Paul Parks and Recreation Commission on Marcb I 1, 2009: Approved: Yeas �, Nays J� Absent � Resolufion 09-04 Attested to by. ��----- to the Pazks and Recreatioa Gommission G;}DiutA-COMMlSSIOMParks CommissionUteso7uGnns42a091Resolutipn09-04 Wlmc/ock PAvry ParktaM Diversion- I315Op1e Strcc;.doc b�l � �i� (�t -.�i� Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members From: Bob Novak Real Estate Division 1000 City Hall Annex Date: March 20, 2009 Subject: Office of Financial Services - Real Estate Division - Vacation File No. 04-PKLDVRS-2009 b'l - �/i� I recommend that a public hearing before the City Council be held on AprillS, 2009. The purpose of tlus hearing is to consider a resolution to divert city pazk land abutting 1315 North Dale St. for a fenced-in back yard and additional access area along the north side of the properiy abutting the parkway, and to authorize city officials to enter into an agreement with the property owner for construction and use of the area. This property is located in City Council District 5, Planning District 10. cc: Shari Moore Office of the City Clerk 310 City Hall