HomeMy WebLinkAbout1997-124
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RESOLUTION NO. 97-124
A RESOLUTION RESCINDING
RESOLUTION NO. 7491
WHEREAS, on the 25th of June, 1985, the City adopted Resolution No. 7491 dealing
with the private use of certain land lying to the north and west of what is commonly known as
Mulberry Point, which land was, in 1985 owned by Glacier Park, a wholly owned subsidiary of
Burlington Northern Railroad; and,
WHEREAS, for at least five (5) years after the Resolution was adopted, the City did not
oppose the purchase of this property by Paul A. Scherber and allowed Paul A. Scherber to
negotiate fairly with the Railroad for the purchase with Glacier Park to purchase this property.
After negotiations for the purchase of the property by Paul A. Scherber had broken down, the
City began negotiations with Glacier Park to buy significant portions of formerly used Railroad
property in the downtown area of the City and in 1991 the City purchased substantial portions of
property in the downtown area from Glacier Park, some of which was the property that was the
subject of Resolution No. 7491; and,
WHEREAS, that nearly twelve (12) years have passed since Resolution No. 7491 was
enacted by the City Council which has allowed for the amortization of any rights that might have
been created thereby; and,
WHEREAS, further, that a Marina is no longer operated on the adjoining side since on
the site immediately adjoining the area covered by Resolution No. 7491, a bar and restaurant is
now located; and,
WHEREAS, shortly thereafter the City began Comprehensive Planning of the waterfront
area of the City and after extensive public hearings, developed a Comprehensive Park Plan for
the Lowell Park Improvements that involved public hearings and the participation of adjacent
owners as well as other affected parties; and,
WHEREAS, the long term Comprehensive Plan for the Lowell Park area concluded that
the City would be best served by creation of an extensive park on Mulberry Point and an
extension of the Lowell Park Levy from the gazebo around Mulberry Point encompassing part of
the area that is the subject of Resolution No. 7491; and,
WHEREAS, the Comprehensive Park Plan for Lowell Park called for the preemption of
parking on most of Mulberry Point and elimination of the boat launch previously operated on the
site by adjacent owners; and,
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WHEREAS, adequate notice was given to any effected parties who participated in public
hearings with regarding to the plan for the park and, after the plan was approved by the City
Council, negotiations began with the Corps of Engineers for construction of Phases II and III of
the Levy and Lowell Park Improvements; and,
WHEREAS, based upon negotiations, Congress has appropriated and authorized funding
for all or part of improvements that will eventually implement the downtown Lowell Park Plan,
all of which improvements call for and promise to the Army Corps of Engineers and the Federal
Government that most of the parking on Mulberry Point and the boat launch formerly operated
on adjacent side will be removed; and,
WHEREAS, prior action of the City in adopting the long term Comprehensive Plan for
Lowell Park and the application for Federal money for the extension of the levy wall have
changed the City's focus on the Mulberry Point area from an underutilized parking area to a
extensively developed, highly utilized park area surrounded by a newly constructed levy wall and
this action has had the practical effect of rescinding Resolution No. 7491 and that this formal
action is needed only to clear the record.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That Resolution No, 7491 and any assurances made thereby be and the same hereby
are rescinded.
Enacted by the City Council of the City of Stillwater this 20th day of Ma~, 1997.
CITY OF STILLWATER
ATTEST:
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Modi' ldon, Its Clerk
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