94-1150 ORIGINAL Council File # 9V
Green Sheet # Z(' Z' Z
RESOLUTION
- .0' `! INT PAUL, MINNESOTA 2?
Presented B -�
Referred to Committee: Date
WHEREAS, in January 1984, Ramsey County and the City of Saint Paul entered into an
agreement to exchange County owned L lydale Regional Park for City property within Battle
Creek Regional Park lying east of Highway 61 and the Pig's Eye Lake Unit; and
WHEREAS, to date, this exchang. has not been finalized, however, property management
responsibility for Lilydale Regional Park and that part of Battle Creek Regional Park
lying east of Highway 61 have been a sumed by the respective parties in anticipation of
the exchange; and
WHEREAS, a portion of the Pig' Eye Lake Unit, proposed for transfer from the City
to the County, is the site of a former City landfill, and since landfills often contain
hazardous substances, the Ramsey County Attorney has expressed concern regarding the
County's liability exposure as owner of a former landfill; and since landfills often
contain hazardous substances, the Ramsey County Attorney has expressed concern regarding
the County's liability exposure as o ner of a former landfill; and
WHEREAS, the Ramsey County Boa d of Commissioners, by its Resolution 89 -138
(January 24, 1989), has therefore requested City consideration of a modification to the
land exchange agreement to exclude tie 39 acre former City dump site from the land
exchange, and
WHEREAS, it is in the best int-rest of both City and County to finalize the
January 1984 land exchange agreement and County will accept said agreement including its
hold harmless language, upon exclusion of the 39 acre former City dump site,
NOW THEREFORE BE IT RESOLVED, hat the Council of the City of Saint Paul approves
the exclusion of the 39 acre former *ig's Eye City dump site from the January 1984 Battle
Creek -Pig's Eye /Lilydale land exchange agreement between the City of Saint Paul and Ramsey
County, and
FURTHER RESOLVED, that the Cou cil of the City of Saint Paul's approval of said
39 acre exclusion is contingent upon the Ramsey County Board of Commissioners' agreement
to the exclusion of the five known d mp sites in Lilydale from said agreement.
Yeas Nays Absen
Blakey Requested by Department of:
Grimm � Division of Parks & Recreation
Guerin ✓ /�
Harris ✓
Mega rd � ��►
Rettman -� B �i v �
Thune N,
0
Form Appr•ved by City Attorney
Adopted by Council: Date 1�� \Sgt
1
Adoption Certified by Council Sec etary By: _ _ ..�...�i1.� ✓�/
BY ,AFL � -- r aft Appr -May( for 7 : O :sion •
Coun
Appro .y May•r: Dat / F J
BY: L _ -_ /i
By :
65/ ,
OEpARTWIENTK3 O dL DATE It TIATED ait
;r NO 7 ' 2f1 i
Parks anti Recreat:lon 2 3494 } A
Ili Deomnr.NT ammo , ,. -..; El CITY COUNCIL '
Robert Pi i 266 -6400 cm , ,«3 ot i( TOR►EY
,_ CITY CLERK
ST
MU 8E ON �. A( IDA,BY (DATE) #jovi Q BUDGET DIRECTOR A
j FIN. MOT. SERVICES DIR.
J MAYOR (OR ` Parks & Recreatt
° l
TOTA1. # OE #1014#44 PAkGES 1 (CUP *.1. LO'AnONS FOR A
ACTION REOVD:
Approval af:Resolution to modify City -t- -aunty land exchange agreement for Battle Creek -
Pig's Eye /Lilydale..
(IEC6hIMEIADA1ICIMS: (Al °' tR) pE,S®NAL SERVICE, T'A1 THE POOL «' , , . : £ l
PLANNING COMMIISSION _....: CIVIL SERVICE COMMISSII 1• " thk (e` e•AN wiener under a' far f ? / w
3 Np F� i /✓)
COB COMMITTEE ` 2. 111ls VIM ds YE per S On/ fN Yt8 a y empibyes1 ! Q 0
— STAFF YES 1+10 W' r 9 l
DISTRICT COURT ,..: --. S. Dos fh18 persanflirm possess a not norataity F e .
SUPI WNIC$ COUNCIL OBJECTIVE? / YES hi() , ip41 ,
Exraln an yes ensurers on aepasllt 4$St mitt *Pio* to shel t '"};r
INITUIntie PROBLEM, ISSUE, OPPH IT UNITY (Mflu+. Vftaht, When, Where, Why): •
Land exchange agreement initiated in H84 has not been finalized due to.concerns'fey
responsibility for former landfills in " the Ptg's Eye and Lilydale Park areas. This
action will clarify the agencies' resp nsibilit ies for those areas.
ADVANTAG IF APPROVED:.
City-County land exchange agreement ftr Battle Creek -Pig's Eye "ate"f:i1y `rle fteg l
Parks can be finalized.
y
INBADVANTA`GE`B W APPROVED: RECEIVI D
. ' CiliSSII fteefiernh Center
N one " APR r,5 14
JUL 2 2 294
MAYOR'S Qt-t-llaE
DIBAD,iAGIT N0T 711?PMOV 1 .
City - County land exchange agreement w 11 not be finalized.
T O T A I . A M O U N T of TR N s NA COST * O TED 1# :E Calk YES NO
FUNDINS SOURCE , . ACTIVITY b— --= =.. ^` ___ _
FINANCIAL INFORMATION: (EXPLAIN)
OFFICE OF THE CITY ATTORNEY
Timothy E. Marx, City Attorney 9 175
SAINT
P A U L CITY OF SAINT PAUL - Civil Division
14* Norm Coleman, Mayor 400 City Hall Telephone 612 266,8710
15 Wen Kellogg Blvd Facsimile: 612 298 -5619
A AA A Saint Paul, Minnesota 55102
RECEIVED
MAR - 31994
March 2, 1994
DIV. OF PARKS
& RECREATION
Mr. Robert Piram
Director, Parks & Recreat on
300 City Hall Annex
Saint Paul, Mn. 55102
Re: Pig's Eye and Lilydale Park Areas
Our File G -82 -0118
Dear Mr. Piram:
I have reviewed and approved the attached resolution which you
referred to our office. e resolution expresses an agreement on
the part of the City to ex lude 39 acres within the Pig's Eye Lake
Park from the parks excha'•e with Ramsey County.
The City and Ramse County previously entered into an
agreement which provided hat Ramsey would assume ownership and
operation of the Battle Cr-ek Regional Park and the Pig's Eye Lake
Unit, and the City would assume ownership and operation of the
Lilydale Regional Park. he agreement contemplated exchange of
deeds conveying the land itles respectively. The agreement was
approved by both the City Council and the Ramsey County Board of
Commissioners, and execut on behalf of both parties. A copy of
this agreement, dated J. uary 3, 1984, is attached for your
information.
Although the exchange of land title deeds has not occurred as
of the date of this letter, it is my understanding that the parties -
have operated the respecti e parks in accordance with the terms of
the agreement.
Subsequent to the ex= cution of the agreement, Ramsey County
became concerned about the possible contamination of soils within
the former Pig's Eye landf ' t 1 area and therefore requested that the
area be excluded from the and exchange. In addition your office
became aware of possible -oil contamination within a part of the
Lilydale Park area under t control of Ramsey County and requested
that a portion of Lilydale =lso be excluded from the land exchange.
The Ramsey County Bo -Id adopted a resolution on January 24,
1989 (resolution number :9 -138, a copy of which is attached)
approving of a modificati• to the January 3, 1984 park exchange
9 //,-
agreement so as to exclud- the 39 acre former landfill site.
The resolution which I have approved is intended as a response
to Ramsey County's propos - , and approves exclusion of this 39 acre
contingent upon Ramsey County agreeing to exclude a 5 acre former
dump site in Lilydale. H I am not aware that Ramsey County
has agreed to exclude thi 5 acre site in Lilydale.
Assuming that both he City Council and the Ramsey County
Board of Commissioners - .prove the proposed amendments to the
January 3, 1984 agreemen., I wish to remind you that a contract
amendment should be prepared and executed on behalf of both
parties. In addition a ew or different land /legal description
must be prepared and inco •orated into deeds of conveyance to be
executed on behalf of etch party. Those deeds will then be
recorded in the appropria.e County office of land records and that
should complete the forma ities of the exchange.
If I can be of furth;r assistance, please let me know.
You - truly,
/°'''
,7;,7;12 J SEGAL
12:
Ass'stan City Attorney
JJS:s
Enc.
Resolution
Board of
Jamse o un / Gomznis
Presented By Commissioner McCart Date January 24, i No. 89 -138
Attention:
Budget & Accounting
Greg Mack - Director Parks & Recreation
WHEREAS, In Januar , 1984, Ramsey County and the City of St.
Paul entered into an agreement to exchange County owned Lilydale
Regional Park for City .roperty within Battle Creek Regional Park
lying east of Highway 61 ;nd the Pigs Eye Lake Unit; and
WHEREAS, To date, this exchange has not been finalized,
however, property manag ment responsibility for Lilydale Regional
Park and that part of Battle Creek Regional Park lying east of
Highway 61 have been assumed by the respective parties in
anticipation of the excha ge; and
WHEREAS, A portion of the Pigs Eye Lake Unit, proposed for
transfer from the City t. the County, is the site of a former City
landfill, and since lan.fills often contain hazardous substances,
the Ramsey County Atto ney has expressed concern regarding the
County's liability expo ure as owner of a former landfill; Now,
Therefore, Be It
RESOLVED, The Ramsey County Board of Commissioners hereby
approves Option 2, regarding the Pigs Eye /Lilydale Land Exchange
with the City of St. Paul which modifies the exchange agreement to
exclude the 39 —acre fo mer City Dump site, and accept the hold
harmless language in t e January 3, 1984 Agreement; and Be It
Further
RESOLVED, The Boar. requests that this recommendation be
presented to the City of •aint Paul for their consideration.
Hal A. Norgard, Chairman
By
Viz% -
• 411
AGREEMENT -
THIS ;AGREEMENT, Made and entered into this 3 day of
, 1984 by and between the CITY OF SAINT PAUL,
a municipal corporation of the State of Minnesota, hereinafter called
"SAINT PAUL ", and the COUNTY OF RAMSEY, a political subdivision of the
State of Minnesota, hereinafter called "RAMSEY ";
WITNESSETH:
WHEREAS, the Parties are authorized by law to acquire, maintain
and operate lands for park and open space purposes; and
WHEREAS, the Parties have authority, pursuant to Minnesota Statutes
§ 471.59 to enter into agreemerts for the joint or cooperative exercise of
any power common to them; and
WHEREAS, the Parties wish to enter into a joint exercise of powers
agreement so as to provide that SAINT PAUL shall be responsible for the develop-
ment, operation, maintenance and control of the Harriet Island - Lilydale
Regional Park Complex, and that RAMSEY shall be responsible for the develop-
ment, operation, maintenance and control of the Pigs Eye Lake, and all other
sections of Battle Creek Regional Park, except the Fish Hatchery Lake and
Indian Mounds section of Battle Creek Regional Park which SAINT PAUL shall
develop, operate, maintain and control.
IT IS MUTUALLY AGREED B AND BETWEEN SAINT PAUL AND RAMSEY AS FOLLOWS:
PART I
HARRIET ISLAND - LILYDALE REGIONAL PARK
1. RAMSEY Responsibilities for Harriet Island - Lilydale Regional Park.
RAMSEY shall have the following responsibilities with respect to Harriet
Island - Lilydale Regional Park:
a. RAMSEY shall within 90 days of the effective date of this agreement,
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411
convey by Quit Claim Dee' to SAINT PAUL fee title to all lands which
it now owns within the H. riet Island - Lilydale Regional Park Complex,
as shown on the attached (Exhibit I. Conveyance of title by RAMSEY
shall be conditioned on —INT PAUL's maintenance of the property as
public park and open spa.e use consistent with the Metropolitan
Council's approved plan or recreational use of the area.
b. RAMSEY shall act as the •gent of SAINT PAUL and shall acquire in the
name of SAINT PAUL prope ty within the Harriet Island - Lilydale Regional
Park Complex until all p•rce1s in the Park have been acquired as
indicated on the attach-. Exhibit I. The acquisition of these properties
shall take place in acco dance with the policies and procedures of
RAMSEY at no expense to AINT PAUL.
c. RAMSEY has entered into n agreement with Lilydale dated July 27, 1981
whereby Lilydale provide police patrol and protection for that portion
of the Harriet Island -Li ydale Regional Park complex located within
Lilydale and Dakota for :-annual sum of $26,000.00. Contingent on
this Agreement becoming ffective, RAMSEY shall terminate its agreement
with Lilydale for police patrol and protection services effectirt
December 31, 1983 and RA EY shall have no responsibility to provide
police patrol and protec ion services for Harriet Island - Lilydale
Regional Park after Dece ber 31, 1983.
d. RAMSEY shall terminate i s permit agreement with Northern Sky Gliders
Association, Inc., dated May 23, 1978 which is attached as Exhibit II,
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3
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•
which grants permissio for the establishment and operation and hang
gliding activities on portion of the Harriet Island - Lilydale Regional
Park no later than 90 'ays after the effective date of this agreement.
SAINT PAUL may in its iscretion enter into a similar permit agreement.
2. SAINT PAUL Responsibil ties for Harriet Island - Lilydale Regional Park.
SAINT PAUL shall have the fol owing responsibilities with respect to Harriet
Island - Lilydale Regional Park
a. SAINT PAUL shall devel.p, operate, maintain and control the entire
Harriet Island- Lilydal: Regional Park, as shown on the attached map
marked Exhibit I, as a public park and open space consistent with the
Metropolitan Council's approved plan for recreational use of the area.
b. SAINT PAUL shall devel.p, operate, maintain and control the entire
Harriet Island- Lilydal= Regional Park, as shown on the attached m8p
marked Exhibit I, as a 1•ublic park and open space consistent wifh the
terms of the Joint Exe ise of Powers Agreement dated September ?8,
1972 by and between •• •EY, DAKOTA, and LILYDALE, a copy of which is
attached as Exhibit III.
3. Termination of Existin. Agreement between RAMSEY and SAINT PAUL.
RAMSEY and SAINT PAUL hereby tually agree to terminate the previous rorement
between SAINT PAUL and RAMSEY or Lilydale- Harriet Island -Navy Island Regional
Park complex, dated October 4, 1977, which is attached hereto as Exhibit )V,
upon the effective date of thi. Agreement.
PART II
BATTLE CREEK REGIONAL PARK
1. RAMSEY Responsibilities for Battle Creek Regional Park. RAMSEY shall
have the following responsibil ties with respect to Battle Creek Regional Park:
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0
a. RAMSEY shall develop, perate, maintain and control the entire Battle
Creek Regional Park C .iplex, as shown on the attached map marked
Exhibit V which is ma a part of this agreement, as public park and
open space consistent ith the Metropolitan Council's approved plan
for recreational use f the area.
b. RAMSEY shall obtain i writing all approvals as required by Minn.
Stat. Sec. 383A.07, S b. 4 for the Battle Creek Regional Park property
conveyed by SAINT PAU to RAMSEY pursuant to this agreement.
2. SAINT PAUL responsibi ities for Battle Creek Reaional Park. SAINT
PAUL shall have the followin responsibilities with respect to Battle Creek
Regional Park:
a. SAINT PAUL shall cont nue to own, operate and maintain the Indian
Mounds Section and th Fish Hatchery Lake Section of Battle Creek
Regional Park, as sho n on the attached map marked Exhibit V.
b. SAINT PAUL shall with n 90 days of the effective date of this agree-
ment convey by Quit C aim deed to RAMSEY fee title to all lands which
it now owns within th- Pigs Eye Lake Section and Battle Creek Section
of the Battle Creek R-gional Park, as shown on the attached Exhibit V.
Conveyance of title b, SAINT PAUL shall be conditioned on RAMSEY's
maintenance of the p .perty as public park and open space use con
sistent with the Met •politan Council's approved plan for recreation
use of the area.
3. Payment of Special Bgnefit Assessments levied for Storm Water Improve-
ments on Battle Creek Reaioral Park Property. The Ramsey - Washington Metro
Watershed District has levied special benefit assessments against the property
described in Exhibit V of this agreement for storm water improvements known
as "Lower Ravine Restoration" for Battle Creek Project No. 1. RAMSEY shall
• e /
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q ef—//50
make application to the Metropolitan Council for the purpose of obtaining
funding for the acquisition •nd development of the Battle Creek Regional
Park complex, which applicat on shall include a request for funds to be
used to pay the special bene it assessments levied against SAINT PAUL owned
property described in Exhibi V for Battle Creek Project No. 1. The sum of
the total estimated assessme is levied against the property is $904,994.00.
Upon the condition that the -tropolitan Council provides funds to RAMSEY
to pay these assessments, SEY agrees to reimburse SAINT PAUL for all
previous and future payments made by SAINT PAUL on account of the special
assessments levied by the Ra ey- Washington Metro Watershed District Nb. 1.
RAMSEY shall pay these assessments with Metropolitan Council funds made
available from the Council's 1983 -84 or subsequent Capital Improvement Plans.
If the Metropolitan Council •oes not provide RAMSEY with funds to pav the
special benefit assessments, SAINT PAUL hereby agrees to pay all special
assessments heretofore levie' and pending by the Ramsey - Washington Metro
Watershed District for storm water improvements known as "Lower Ravine
Restoration" for Battle Cree Project No. 1 against the property as shown
on Exhibit V. RAMSEY agrees to pay all assessments for future improvements
not presently levied and pending against the property as shown on Exhibit V
after the property is conveyed to RAMSEY pursuant to the terms of this
agreement. SAINT PAUL agree to pay all special benefit assessments levied
against the property as sho in Exhibit V which is not conveyed to RAMSEY.
PART III
GENERAL
1. Hold Harmless. SAINT PAUL and RAMSEY each agree to hold the other
party harmless for any and a 1 claims which arise out of either SAINT PAUL's
or RAMSEY's acquisition, dev lopment, operation, or maintenance of the
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Lilydale Regional Park or Batt e Creek Regional Park property.
i
2. Effective Date. This agreement shall be effective on the date first
above written and to be insert d by SAINT PAUL's Director of Finance and
Management Services.
3. Completeness of Agreeme t. This agreement contains the complete
agreement of the parties heret' and may only be modified or amended by a
writing signed - by both parties
IN WITNESS WHEREOF, the par ies have set their hands on the dates written
below.
CITY OF SAINT PAUL: COUNTY OF RAMSEY:
\ ,
By A,.... - -:%. „,,e........,_ . A.,.., /73/e3
Date Chairman, Board o o my late
lir -
- . ,
,.:#/"' / / , )1f3
rector o Department gate ie a er 73-5 Dat-
of Finance and Management
Services ,
APPROVED AS TO FORM: APPROVED AS TO FORM:
B ( , � . By 7 /? `(r.�
Assist 't'City ,AttorPey /Date Assistant County Attornty /Da e
/ L / ..
METROPOLITAN COUNCIL Ali A - Ain 4 4 .
�� it � or • ,....7s7
;w. nity g or /Date IV ervices
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1
Resolution
Board of
Jazn s e o un l Gornri2isston ers
Presented By Commissioner McCart, Date January 24, 1989 No. 89 -138 •
Attention: Budget & Accounting
Greg Mack - Directo , Parks & Recreation
WHEREAS, In Janua 1984, Ramsey County and the City of St.
Paul entered into an =greement to exchange County owned Lilydale
Regional Park for City property within Battle Creek Regional Park
lying east of Highway 61 and the Pigs Eye Lake Unit; and
WHEREAS, To date, this exchange has not been finalized,
however, property man - gement responsibility for Lilydale Regional
Park and that part •f Battle Creek Regional Park lying east of
Highway 61 have bee assumed by the respective parties in
anticipation of the exc ange; and
WHEREAS, A porti•n of the Pigs Eye Lake Unit, proposed for
transfer from the City to the County, is the site of a former City
landfill, and since 1•ndfills often contain hazardous substances,
the Ramsey County At orney has expressed concern regarding the
County's liability ex-osure as owner of a former landfill; Now,
Therefore, Be It
RESOLVED, The Ra sey County Board of Commissioners hereby
approves Option 2, r- garding the Pigs Eye /Lilydale Land Exchange
with the City of St. Pa 1, which modifies the exchange agreement to
exclude the 39 -acre ormer City Dump site, and accept the hold
harmless language in the January 3, 1984 Agreement; and Be It
Further
RESOLVED, The Board requests that this recommendation be
presented to the City •f Saint Paul for their consideration.
•
oe
Hal A. Norgard, Chairman B y .►,faft.•i
r ft4177•111willMrd an•iTfT