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<br />.. <br />_H~LS <br /> <br />MEMORANDUM <br /> <br />DATE: October 20, 2008 <br /> <br />TO: Honorable Mayor and City Council <br />Ron Moorse, City Administrator <br /> <br />FROM: Michelle Olson, Parks and Recreation Manager <br /> <br />SUBJECT: Johanna Marsh <br /> <br />BACKGROUND <br />Mr. Clifford Nimis of 1485 Glenhill Road has approached the City on a desire to purchase the <br />piece of land directly behind his house (Map is attached) which is now designated as Johanna <br />Marsh. He has offered to purchase the marsh area minus the land that the tennis court sits on. <br />In discussions with Mr. Nimis, his main goal of purchasing this piece of property is to ensure <br />that it remains in its natural state. Staff did meet with Mr. Nimis at his property and did explain <br />that this piece of property is unbuildable and that the City has no intention of developing or <br />changing this site. However, he feels the only way to ensure this is ifhe pursues purchasing the <br />property. The City did explore the possibility of selling this piece of land in October of 2007 <br />when the decision was made to designate this piece of land as a public park. Staff has <br />identified three options to consider for this situation: <br /> <br />1. The City could order an appraisal of the land and offer to sell or convey that portion to <br />Mr. Clifford Nimis. <br /> <br />Staff consulted the City Attorney on this option. He confirmed that the City has the authority to <br />sell excess property (M.S. 412.211). The property was conveyed to the City in 1993 with no <br />restrictions. However, prior to the conveyance of all or part of the Johanna Marsh property, the <br />City must do one of the following (MS 462.356, Subd. 2): <br /> <br />1. The Planning Commission should review the proposed transaction and prepare <br />findings for the City Council, indicating whether the disposition of the park <br />property complies with the City's Comprehensive Plan; or <br /> <br />2. The City Council should adopt a resolution indicating that in its judgement, the <br />proposed disposition has no relationship to the City's Comprehensive Plan. <br />This type of resolution requires four affirmative votes. <br /> <br />\ \Metro- inet. us\ardenhills\PR&PW\Parks\Memos\Council Memos\J ohanna Marsh - <br />Conservation Easement08.doc <br />