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1XIEQUEST FOR COUNCIL ACTION Date: 11/14/11 Item No.: 7. h Department Approval City Manager ApDroval Item Description: Approve the De Minimis Request for the Purchase of Right of Way for Twin Lakes Parkway Twin Lakes AUAR Subarea I Infrastructure Improvements. 2 In 2009, the City received a $, 1 million federal appropriation to construct public infrastructure within the 3 Twin Lakes Redevelopment Area. Because the funding source is federal, we have been developing 4, additional environmental documentation to proceed with the purchase of right of way for future Twin 5 Lakes Parkway extension. This process is managed by the Minnesota Department of Transportation's 6 Office of State Aid, who in turn- coordinates the funding approval with the Federal Highway "7 Administration. The environmental documentation approval process takes between 3 months to a year 8 to complete depending on the issues identified. In order to use these funds for a project, the 9 environmental documentation needs to be approved and the project authorized by MnDOT prior to 110 spending the funds on the project. 11 The City's consultant, SRF, has been working on this document and has received feedback from 12 MnDOT regarding the area of Langton Lake Park. The officially mapped right of way for Twin Lakes 13 Parkway cuts through a small portion of the main park parcel, and runs through the Arthur Street pond 14, parcel. The impacts are shown on the attached location map. 15 In 1998, the City of Roseville constructed improvements in Langton Lake Park using a DNR outdoor 116 recreation grant (Land & Water Conservation Fund grant program (LAWCON)). When the City 1 "7 submitted the grant application to the DNR, the map that was provided showed the parcel that contains 11 111",,'11 the Arthur street storm water pond as being part of the park. It is City practice to map our storm water 119 ponds as green when they are contained in or adjacent to a park. 2o This parcel is that it was obtained in 1994 for storm water purposes. The pond design was designed in 21 1994 and built in 1996 taking into account the future construction of Twin Lakes Parkway. The plans to 22 construct the pond even show the future Twin Lakes Parkway running through the two cells of the pond. 23 The official map of Twin Lakes Parkway was approved by the City Council in October 1998. 24, However, because this parcel was shown as a part of the park in the DNR grant application in March 25 1998, even though no grant dollars were spent on the parcel, it is covered by a conversion restriction 26 under the LA CON program. 27 Any lands acquired or developed with assistance from the LA CON program are to be retained for 28 outdoor recreation. Other use can be made of these lands with prior written approval of the National 29 Park Service. 3o To move forward with the use of these federal funds for the Twin Lakes right of way we need to obtain 3 i approval for the conversion of LA CON land. The first step in this process is the finding of de 32 minimis. In order to have a de minimis finding we need to first provide mitigation or replacement of the 33 land being used for the road. To do this the City needs to purchase replacement land equal in size to the Page I of 2