HomeMy WebLinkAbout2001-171 CCRMember Ed Nelson introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2001-171
RESOLUTION DECLARING REPLACEMENT LAND PARCEL ADJACENT TO
CENTRAL PARK TO BE NON-SIGNIFICANT AND AUTHORIZING THE
CONVEYANCE OF THE PARCEL OF LAND
WHEREAS, the City of Brooklyn Center desires to utilize a parcel of land known as the
"Replacement Land" on the south side of I-94 from Central Park to Xerxes Avenue North for storm water
ponding and wetland replacement to accommodate the expansion of I-94, as well as construction of a
noise wall; and
WHEREAS, the Replacement Land was conveyed to the City by Mn/DOT as partial
mitigation for and replacement of Central Park and Shingle Creek Greenway land acquired for the
purpose of expanding I-94 in the 1980s; and
WHEREAS, the Replacement Land is used as open space and buffer, and is not used for
active park or recreational purposes; and
WHEREAS, Federal 4(f) legislation includes a clause whereby "Consideration under
section 4(f) is not required when the Federal, State, or local officials having jurisdiction over a park,
recreation area, or refuge determine that the entire site is not significant"; and
WHEREAS, the City of Brooklyn Center is the local official having jurisdiction over the
Replacement Land; and
WHEREAS, the Brooklyn Center Park and Recreation Commission has reviewed the
current use of the Replacement Land and recommends that the City Council declare that the Replacement
Land is non-significant for park purposes based on the following findings of fact:
1. The Replacement Land has not been incorporated into Central Park, and is not
used for park or recreational purposes.
2. There is no future plan to use the Replacement Land for park or recreational
purposes.
3. The current land use of the Replacement Land is Open Space and buffer, both of
which would be accomplished by its proposed use for storm water ponding and
noise wall.
4. Central Park and Shingle Creek would benefit from the proposed use as storm
water ponding and wetland mitigation area as the quality of storm water
discharged from I-94 into Shingle Creek would be greatly improved.
WHEREAS, the City of Brooklyn Center desires to convey said Replacement Land to the
Minnesota Department of Transportation for the purpose of constructing storm water ponding and
wetland mitigation to accommodate the expansion of I-94.
RESOLUTION NO. 2001-171
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that:
1. The Replacement Land is hereby declared to be non-significant.
2. The conveyance of the Replacement Land is hereby authorized provided
MN/DOT gives such assurances as are deemed adequate the City Manager and
City Attorney to protect the City from loss costs or damages for violation of any
covenant or agreement restricting conveyance of the Replacement Land. This
transfer is made pursuant to the authority of Minnesota Statutes, Sections 471.64,
465.025, and 465.035.
3. The Mayor and City Manager are hereby authorized and directed to take such
actions necessary to effect the conveyance thereof.
1
November 26, 2001
Date
ATTEST: ALL/Lbl~ 1`~lN~l~l
City Clerk
a Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
Kay Lasman
and upon vote being taken thereon, the following voted in favor, thereof:
Myrna Kragness, Kay Lasman, Ed Nelson, and Tim Ricker;
and the following voted against the same: none ;
whereupon said resolution was declared duly passed and adopted.