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02-76Return copy to: jao Real Estate Division 140 City Hall RESOLUTION e.�a5�t�f� �cil �le #� ��.a3,aaoa„ a� Green Sheet # t 1( FsKo Am:..� �- a a�nt.�.5 aoo� CITY OF SAINT PAUL, MINNESOTA Presented By Referred To -- Committee: Date �� BE IT RESOLVED, that, upon the petiuon of Minnesota Pubiic Radio (MPR), as documented in Real Estate Division File Number 2001-22, public properties hereinafter described are hereby vacated and discontinued as public property: 5 The property to be vacated (the Vacation Area) is described as follows: 6 See Attached Map & Description in Exhibit "A" 10 This vacauon shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 11 Saint Paul Legisiative Code as amended, and to the following conditions: 12 13 14 1. That the peutioner, its successors and assigns shall pay $500.00 as an administrative fee for this 15 vacauon which is due and payable within 60 days of the effecuve date of this resolution. 16 17 18 2. That the vacation sha11 not be effective and this resolution shall not be filed for recording with 19 the County unul the petitioner is ready to pull permits and begin said reconstrucuon. Until that 20 time, Ninth Street shall remain as it currently is and continue to be treated as a public street in ali 21 respects. 22 23 24 25 26 27 28 29 30 31 32 33 34 That a permanent utility easement shall be retained on, over, under and across the vacauon area on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the Ciry to maintain and operate any sewer in or upon said easement area and to enter upon said easement or any portion thereof at any ume and from time to time, for the purposes of future construction, reconstruction, inspection, maintenance, or repair of the same or, any part thereof. Said utility easement shall be subject to the foilowing conditions: a. No buildings, structures trees or any temporary structure, material storage> fixture, or any other objects which may prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement area provided that the faregoing does not prohibit paved surfaces. o a-1( 1 b. Improvements in or upon the above described easement that do not prohibit the City from 2 exercising its reserved rights may be allowed by obtaining written permission from the Department 3 of Public Works Sewer Division with the understanding that the restoration and costs of such 4 improvements shall be the sole responsibiliry of the petitioner, its successors and assigns in the event 5 the City exercises its reserved easement rights. � 7 c. Shouid it be necessary that the peutioner's works or improvements be removed or damaged 8 as a resuit of the Department of Public W orks operations, all removal, replacement or modification � 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 37 38 39 40 41 42 3. 43 44 45 46 47 48 costs shall be bome solely by the petitioner. d. No change from the existing grade within the easement area shall be permitted without written permission from the Deparmient of Public Works Sewer Division. e. No change in surfacing within the easement area shall be permitted without written permission from the Department of Public Works Sewer Division. f. The peutioner, its successors and assigns sha11 fully indemnify, defend, and save hatmless the City of Saint Paul, its officers, agents empioyees, and servants from all suits, actions, or clauns which sha11 arise from any injuries or damages received or sustained by any break in any service pipe or connecuon in said reserved easement arising out of or resulting from any action or negligence of the peuuoner, its employees, agents, or business invitees. That a turn-around for the remaining portion of Ninth Street sufficient for the traffic needs of the abutting property owners shall be constructed to the satisfacuon of the Department of Pubiic Works. That the petiuoner shall be responsible for all abandonment and/or reconstruction of utilities within Ninth Street; reconstruction of Ninth Sueet and the intersections of Ninth with Cedaz and Ninth with Minnesota; removal or piacement of sueet lights and signs, all of which are necessary due to this vacauon, and a11 to be accompiished to the sausfaction of the Depazlment of Public Works. That after this vacarion becomes effecuve, the petitioner, and/or its successors and assigns, shall be responsible for snow removal, salung and sanding the remaining portion of Ninth Street (not including the sidewalks adjacent thereto) between Cedar and Minnesota Streets for as long as such remaining portion is used as a public street. The petitioner shall hire its own maintenance contractor to the extent petitioner deems necessary. The petitioner, and/or its issigns shall be responsible for any and all costs associated with snow removal ig and sanding as re uired_herein. T a e penuoner s mee wiT ffi�he a�tting property owners over the next year and work with them to obtain a valid petition for vacating the remaining portion of Ninth sueet between Cedar and Minnesota Streets, provided said property owners can come to a consensus. That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the Board of Water Commissioners of the City of Saint Paul to reserve the right of the Boazd to maintain and operate any water facility in or upon said easement and to enter upon said easement, or any portion thereof, at any time and from ume to ume, for the purposes of future construction, reconstruction, inspection, maintenance or repair of the same or any pert thereof. Said utility easement shall be subject to the following conditions: oa.�� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4. 30 31 32 33 5. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 . 51 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or other or any objects which may prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area. b. Improvements in or upon the above described easement that do not prohibit the Board from exercising its reserved rights may be allowed by obtaining written permission from Saint Paul Regional Water Services with the understanding that the restoration and costs of such improvements shall be the sole responsibility of petitioner, its successors and assigns in the event the Boazd exercises its reserved easement rights_ c. Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of the Saint Paul Regional Water Services operauons, all removal, replacement or modificauon costs shall be borne solely by the peuuoner. � e. No change from the e�cisung grade within the easement azea shall be permitted without written permission from the Saint Paul Regional Water Services. No change in surfacing within the easement azea shall be permitted without written permission from the Saint Paul Regional Water Services. f. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless the Board of W ater Commissioners or the City of Saint Paul, its officers, agents, employees, and servants from all suits, action or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or resulting from any action or negligence of the peutioner, its employees agents or business invitees. That a permanent utility easement sha11 be retained within the vacated azea to protect the interest of Qwest Communications, Inc. That the following conditions be followed as stated by St. Paul Fire & Safety: a. Petitioner will reinforce and upgrade the structure of MPR Drive (the alley immediately east of the e�sung MPR building) to handle emergency vehicle weights. The existing structure has been reviewed and can be reinforced to meet loading requirements to provide safe access to Seventh Sueet. b. The specified 12-foot width and required turning radius for City emergency vehicles will be maintained on MPR Drive to provide safe access to Seventh Street. c. A fire hydrant will be provided at the end of Ninth Street on the cul-de-sac created by the sueet closure. MPR will work with Public Works and the Water Department to assure the relocated water main provides appropriate water pressures to Ninth Sueet. d. Petitioner will have all utility relocation work is completed prior to the ciosure of Ninth Street at Cedar Street and have emergency vehicle access during the relocation work. Qa-��, 1 6. 2 3 4 7. 0 8 9 10 8 • 11 12 8- 9. 13 14 15 16 17 18 19 20 That a permanent utility easement shall be retained within the vacated area to protect the interest of A.T. & T. Broadband, Inc. That a permanent utility easement shall be retained on, over, under and across the vacated area to protect the interest of District Energy of Saint Paul. Compensation for and full relocation costs to be paid will be incurred by the petitioner, this includes routing small bore pipe from Cedaz Street to Minnesota Street on Ninth Street and inciuding service to the e�sting MPR building. The relocation of any faciliues must be coordinated to minimize system downtime because of service disruptions to other customers. in a collaborative review and evaluation a e pe oner i successors an assigns agrees to indemnify, defend and save harmless the City of Saint Paul, its officers and employees from ail suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persons or property on account of this vacauon or petiuoners' use of this property, inciuding but not limited to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by the petiuoners or any of its agents or employees. 21 -9.- 10 . That the vacauon resolution shall not be filed and recorded with Ramsey County until two yeazs 22 from the date of the Council resoluuon and the petiuoner has received permits, whichever occurs 23 24 25 26 27 28 29 30 31 32 first. Until such time, Ninth Street shall remain a public right-of-way. That if the petiuoner fails to commence construction within three years of the date of the Council Resoluuon, the vacated property sha11 revert back to the City as a public right-of-way. -}g-11. �at the petiuoners, its successors and assigns shall, within 60 days of the effective date of this resolution, file with the Ciry Clerk an acceptance in wriUng of the conditions of this resolution and shali, within the period(s) specifaed in the terms and conditions of this resoluuon, comply in all respects with these terms and conditions. Requested by Department of: Technoloev & Manaeement Services I� Adopted by Adoption C By: '�� Approved By: �� - - � - � --�r � u � r! • -� c `,� • � �i� ��r� ii ��/ �. � .�. " _+�. : �_ � �=i� � � �. • _ by Mayor for Submission to Council . �� / / � .�� 2 � ~ e �ti - > � � 6 ,'� .� ti � � �..i �.. �,.-'16 � \�d \ oe� _ �°� s o < „ � , �. ry� . 5 � ,�, � � �' � b � o � J 9 � � �y ~ - '�� \ . \ y a v `/ � � O a�$ S d a. 3 'S � 5 o � y F _ �( tl � � r y CQ _ _' � - Y � / \ o � S. $yo .. � � �s, Y � � � V \ �� _��'° .�A 3g �m �� ¢�b� � o � �<� ��' o -: _M � - � � _ �� _ __ _ _ _ . � � E � ! `P3 U $ m `— v Y.i . �2 `. Q �� ' _ L� '� � 3 ° �' � � ,, a � �5 .y ° F _ ' +�a ��„o x m$ a. \ . . __ � o o .. �z � � °�� d � y - �,�,� - .�0.'t rv � :° c sa�o M ��o� vi°: m°' �'�o� 6 ; Z�'yF ^ 0 2 ^ - . ;, o ¢i 3 a :16ry 0 ..,� , r j E r � . - , � �� . ',C�p - �+� F��5� �_ O '�o � ap � : � d'� : pp � � � �< C7 �.� Fe ` . � 1 : ; ��,� G �pP�� `�� - �✓ �68 � Pv � J ��\ \ � \ % �° 9 � �v ^ ,n ��. � �' \ rOe o s t� �� v 1`� M � � g �� F s � \ 'd?, �_. / 8 � � C � � H "�a5 . �� 1^ ey_ �� ,�h� � � �` �^ \ d Q v \ ti � Council Date: January 23, 2002 a�--�4� � T.M.S./REAL ESTATE DIVLSION Date: Gree Sheet Number: 111880 .t FPARRI.FITDINECLOR 4 afVCOUYCIL ntact Person and P6one Nomber: I no � . � 5 a � R � J �1'd11Q[fIZ 266-8864 4TGElD�REGTOR 1�.&NGl.5VCO1R 3 YORryRA415lAATI 6 RP�LFSf.�'IEDIVI510\R00>IUOCH ust be on Council Consent A enda b: OTAL # OF SIGNATURE PAGES / (CLIP ALL LOCATIOVS FOR SIGNATURE) C1TON REQUESTED: Petition to vacate Ninth Street from Cedar to approx.108.80 feet east TMS File #2001-22 ECOMM1ILVpAiIO.t'S: APPROVE�A)OR REIECT (R) ERSONAI, SERVICE CONTRACl'S MUST ANS WER TIIE FOLLOWING: PWNYING CONNISSIOY � sreer 1. Haz the persodErm ever worked under a contract for this department? YES NO an�sexncemnnnss�on . Has this persodfirm ever been a City employee? YES NO c�e commrrree . Does this persodtirm possess a sldll not normaliy possessed by any lain all YES answers on a se arate sheet and attach. UPPORTS WffiCH COUNCII. OBJECTIVE? " COUNCIL WARD(S) 7, DISTRICT PLANNING COUNCII. �^f NITIATING PROBLEM, ISSUE, OPPORTiJNITl (Who, What, When, Where, Why?): The Minnesota Public Radio (MPR) has petitioned the vacation of a portion of Ninth Street to re-develop heir facility by building a structure over the vacated area. VANTAGES IF APPROVED: � Property can be developed as proposed. ISADVANTAGESIFAPPROVED: �. � - � �� This will mean the closure of Ninth street at that intersection.. � �"� ��,'�t� �'°. � � ISAAVANTAGESIFNOTAPPROVED: �' �.Pt,f, �"�� S' I' '� �� `° Plans for the MPR redevelopment will have to revised, "�� . OTAL AMOIIDIT OF TRANSACTION: $SOO WST/REVEWE BUDGETED (CIRCLE O�'E)i. � YES NO � UNDING SOURCE: ACTIVITY NIJMBER: 001-01300-2833 INANC7AL Ni FOILIIATION: (EXPLAII� The amount is a transaction fee for administrative services. Coix� Research Csnter JAN 11 2002 .._ . _.�_ .. . _ . � 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 3. 43 44 45 46 47 48 b. Improvements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvemenu shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. � fl c Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of the Deparmlent of Public Works operations, all removal, replacement or modificauon cosu shall be bome solely by the petitioner. d. No change from the existing grade within the easement area shall be permitted without written permission from the Department of Public Works Sewer Division. e. No change in surfacing within the easement azea shall be permitted without written permission from the Department of Public Works Sewer Division. f. The petitioner, its successors and assigns shall fully indemnify, defend, and save harmless the Ciry of 5aint Paul, its officers, agents, employees, and servants from all suits, acuons, or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the petiuoner, its employees agents, or business invitees. That a turn-around for the remaining portion of Ninth Street sufficient for the traffic needs of the abutting property owners shall be constructed to the sausfacuon of the Department of Public Works. That the petitioner shall be responsibie for all abandonment and/or reconstruction of utilities within Ninth Street; reconstruction of Ninih Street and the intersecuons of Ninth with Cedar and Ninth with Minnesota; removal or placement of street lights and signs, all of which are necessary due to this vacation, and all to be accomplished to the sausfaction of the Department of Public Works. � �� That after this vacation becomes ffective, the petitioner, and/or its successors and , assigns, shall be responsible for now removal, salting and sanding the remaining por[ion of Ninth Street (not including the sidewalks adjacent thereto) between Cedar and Minnesota Sueets OL-7' r /y� J�� ,� d-at �� for as long as such remumng portion is used as a public street. The petiuoner shall hir ' maintenance contractor to the extent p�ti ioner eems necessary. �K �� `� �- �fGY ��*-G� .,�o�w"5 � � Cp"IJ �r�.FLC��...o�ndy+r.ik�t.�,saP,/; � �.yu�.cc(�v,:, cr That the petitioner shall meet with the abutting proper[y owners over the next year and work with them to obtain a valid peution for vacating the remaining portion of Ninth street between Cedar and Minnesota Streets, provided said property owners can come to a consensus. That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the Boazd of Water Commissioners of the City of Saint Paul to reserve the right of the Board to maintain and operate any water facility in or upon said easement and to enter upon said easement, or any portion thereof, at any Ume and from 6me to time, for the purposes of future construcrion, reconstruction, inspecuon, maintenance or repair of the same or any pert thereof. Said utility easement shall be subject to the following conditions: oZ-76 Eleni kevas - MPRVACAMEND.wpd � ' Page 1?t p ,_,.___ _ ,� ♦ � � � I� � MPR STREET VACATION RESOLUTION ��a51°?' 8. That the Peritioner shall activelv particioate with the Saint Paul on the Mississipui Design Center in a collaborarive review and evaluation of all nlans for improvements to be constructed in the vacated azea d�-�� MINNESOTA PUBLIC RADIO PETITION TO TAKE OVER NINTH STREET PUBLIC HEARING JANUARY 23, 2002 SUBMISSION BY BRYAN HANNAFORD, OWNER OF CITY WALK LTNIT 2409 (651-291-0183) I moved anto my City Walk condominium in November 1982 just after it was completed neazly twenty years ago. VJe used a large moving van that had no chance of rixming around within 9th Street. Many times an 18 wheeler arrives for an interstate move or simply a delivery. Can you imagine them all backing across busy Minnesota Street to continue journeys. We have one street access to 228 condominium homes at City Walk on 9th Street (excluding the aazage). After l drop somebody off at this front door I would take Cedar (a one way street going south) and 7th, or is it 8th (a two way street) and then enter the garage. If the west end of 9th Street was blocked off, in order for me to perfornn this simple task I would need to drive east across Mimiesota, another block up to Robert, head south and pick up 7th (or is it 8th) and then drive two blocks to my garage entrance. This is a major inconvenience to myself and approximately 300 other residents. In the wanner months we like to walk outside and mostiy head west on 9th, go across Cedaz and the small park to Wabasha and then down to the river. A simple but very important joy for those of us who are downtown residents. And 300+ of them live on this street that Minnesota Public Radio wants to block off. My greatest concern howevez is a MAJOR SAFETY ISSUE. Living in a 27 story high rise condominium complex, safety, rapid egress of residents in case of emergency and the accessibility of street space for fire and rescue vehicles are critically important. It is not unusual to see 7 or 8 fire and police vehicles arrive for an emergency situation and requiring the full street to park and maneuver. With one end of the street blocked off can you imagine the chaoric picture of fire and emergency vehicles riying to do their j ob. Simultaneously the rapid evacua6on and dispersment of residents in such an emergency would be compromised if half the 9th Street egress is blocked off. We have a problem. A big safety problem. If there is some compelling need for Mimiesota Public Radio to have connectivity across the street could they not do as others do - install a tunnel or skyway! If space is the problem, other choices include building up or building down or maybe acquiring existing space elsewhere. Downtown St Paul is known for its two outstanding features - L Its world renowned skyway system. 2. Its chaotic street system. Please don't add further chaos to our street system by blocking offpart of 9th Street when there is an opportuuity to include Minuesota Public Radio as the newest member of our skyway system, by connecting it across 9th Street and to City Walk. I object in the strongest possible way to this proposal by Minuesota Public Radio. Return copy to: jao �-: � t .-. E; Real Estate Division �! ` : :� ; � ��y � 140 City Hall RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By `��' " � ��1�,�� \ C/Y1J`?l`"` �/L� Referred To CouncilFile# O�.-�Co Green Sheet # 1\�$ SO 3g Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 BE IT RESOLVED, that, upon the petition of Minnesota Public Radio�, as documented in Real Estate Division File Number 2001-22, public properties hereinafter descnbe are hereby vacated and discontinued as public property: The properiy to be vacated is described as follows: See Attached Map & Description in E,�rrhibit "A" This vacation shall be subject to the terms and condition p�Chapter 130, codified March 1, 1981, ofthe Saint Paul Legislative Code as amended, and to the foll�wing conditions: L That the petitioner's, their successors and,�ssigns shall pay $500.00 as an administrative fee for this vacation which is due and payable y�ithin 60 days of the effective date of this resolution. 2. That the vacation resolution shall ot be filed for recording with the County untii a site plan for the reconstruction of Ninth Stre between Cedar and Minnesota Streets has been approved by the Deparhnent of Public Wor s and the peritioner is ready to pull permits and begin said reconstruction. Until that ti e, Ninth Street shall remain as it currently is and continue to be treated as a public street i 11 respects. That a permanent utili easement shall be retained on, over, under and across the vacated area on behalf of the City of aint Paul, Department of Public Works to reserve the right of the City to maintain and opera any sewer in or upon said easement and to enter upon said easement or any portion thereof any time and from rime to time, for the purposes of future consiruction, reconstruction, � spection, maintenance, or repair of the same or, any part thereof. Said utility easement sha be subject to the following conditions: a. �uildings, structures, trees or any temporary shucture, material starage, fixture, or any other ob' ects which may prohibit normal access to utility facilities for maintenance purposes will be permi ed wrthin the easement area. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 b. Ixnprovements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be aliowed by obtaining written permission from the Departrnent ,� of Public Works Sewer Division with the understanding that the restoration and costs of suchda'� unprovements shall be the sole responsibility ofthe petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. Shouid it be necessary that the petitioner's works or improvements be removed or as a result of the Deparlment of Public Works operations, all removal, replacement or mo� costs shall be borne solely by the petitioner. d. No change from the existing grade within the easement azea shall be written pernussion from the Department of Public Works Sewer Division. � e. No change in surfacing within the easement azea sha11 be pertnission from the Department of Pubiic Works Sewer Division. / without without written f. The petitioner, its successors and assigns shall fully ind �fy, defend, and save harmless the City of Saint Paul, its officers, agents, employees, and se ts from all suits, actions, or claims which shall arise from anyinjuries or damages received ar s tainedby anybreak in any servicepipe or connection in said reserved easement arising out of or suiting from any action or negligence of the petitioner, its employees, agents, or business invite . That a turn-around for the remaining portion of Ni�fth Street sufficient for the traffic needs of the abutting property owners shall be conshucted to th�satisfaction ofthe Deparhnent ofPublic Works. That the petitioner shall be responsible for all andonment and/or reconstruction ofutilities within Ninth Street; reconshuction ofl3inth Street the intersections ofNinth with Cedar andNinth with Minnesota; removal ar placement of stree ights and signs, all of which are necessary due to this vacation, and all to be accomplished to t satisfaction of the Deparhnent of Public Works. That the petitioner, and{ar their s cessors and assigns, shall be responsible for the winter maintenance of the remaining porti n of Ninth Street between Cedar and Minnesota Streets. The petitioner shall come up with thei own maintenance contractor. That the petitioner shall them to obtain a valid pe and Minnesota Streets, p �Gvith the abutting properiy owners over the next year and work with for vacating of the remaining portion of Ninth street between Cedar �d said property owners can come to a consensus. 3. That a permanent ility easement shall be retained on, over, under and across the vacated azea on behalf of the Bo d of Water Commissioners of the City of Saint Paul to reserve the right of the Board to maint m and operate any water facility in or upon said easement and to enter upon said easement, or y portion thereof, at any time and from time to time, for the purposes of future constructio , reconshuction, inspection, maintenance orrepair ofthe same or any pert thereof. Said urility e ment shall be subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or other or anyobjects whichmayprohibit normal access to water facilities formaintenancepurposes will be pernutted within the easement area. z b. Improvements in or upon the above described easement that do not prohibit the Board from exercising its reserved rights may be allowed by obtainuig written pernrission from Saint Paul Regional Water Services with the understanding that the restoration and c sts of such improvements shall be the sole responsibility ofpetitioner, its successors an assigns in the event the Boazd exercises its reserved easement rights. � c. d. e. Should it be necessary that the petitioner's works or ixnprovement e removed or damaged as a result of the Saint Paul Regional Water Services operatio , all removal, replacement or modification costs shall be borne solely by the petitioner. No change from the existing grade within the easeme azea shall be permitted without written permission from the Saint Paul Regional Wat Services. No change in surfacing within the easement�ea shall be permitted without written permission from the Saint Paul Regional Water ervices. f. The petirioner, its successors and assigns the Boazd of Water Coxnmissioners or the � and servants from all suits, action or clai received or sustained by any break in } reserved easement, arising out of or re ulti its employees, agents or business i�tees IY�11 fully indemnify, defend and save harmless �ty of Saint Paul, its officers, agents, employees, > which shall arise from any injuries or damages service pipe, water main, or connection in said g from any action or negligence ofthe petitioner, 4. That a permanent utility easement s 11 be retained witlun the vacated area to protect the interest of Qwest Communications, Inc. 5. That the following condition e followed as stated by St. Paul Fire & Safety: a. Petitioner will rei orce and upgrade the structure ofMPR Drive (the alley immediately east of the existing M R building) to handle emergency vekucle weights. The existing structure has been review d and can be reinforced to meet loading requirements to provide safe access to Seventh S eet. b. The spec' ed 12-foot width and required turning radius for City emergency vehicles will be maintai ed on MPR Drive to provide safe access to Seventh Street. c. A fi e hydrant will be provided at the end of Ninth Street on the cul-de-sac created by the s et closure. MPR will work with Public Works and the Water Department to assure the located water main provides appropriate water pressures to Ninth Street. d.� Petitioner will have all utility relocation work is completed prior to the closure of Ninth Street at Cedar Sh and have emergency vehicle access during the relocation work. 1 6. 2 That a permanent utility easement shall be retained within the vacated area to protect the interest of A.T. & T. Broadband, Inc. 01-'�° 4 5 7. That a permanent utility easement shall be retained on, over, under and across the vacated area to 6 protect the interest of District Energy of Saint Paui. Compensation for and full relocarion costs to 7 be paid will be incurred by the petitioner, this includes routing small bore pipe from Cedaz treet to 8 Minnesota Street on Ninth Street and including service to the exisfing MPR building. Th elocation 9 of any facilities must be coordinated to min;m;ze system downtime because of servi disruptions 10 to other customers. 11 12 13 8. That the petitioners, their successors and assigns agree to indemnify, defe d and save harmless the 14 City of Saint Paul, its officers and employees from all suits, actions claims of any character 15 brought as a result of injuries or damages received or sustained by an person, persons or properiy 16 on account of this vacation or petitioners' use of this properiy, inclu mg but not limited to, a claun 17 brought because of any act of omission, neglect, ar misconduct of �d petitioners or because of any 18 ciaims or liability arising from any violation of any law or regul ion made in accordance with the 19 law, whether by the petitioners or any of their agents or emplo ees. 20 21 22 9. 23 24 25 26 27 28 29 30 That the vacation resolution shall not be filed and recor ed with Ramsey County until two years from the date of the Council resolution or until a site an for the reconstruction of Ninth Street beriveen Cedar and Minnesota is approved by the Dep ent ofPublic Works and the petitioner has received permits, whichever occurs first. Until s ch time, Ninth Street shall remain a public right-of-way. That if the petitioner fails to commence cons ction within three years of the date of the Council Resolution, the vacated property shall revert ack to the City as a public right-of-way. 31 32 10. That the petirioners, their successors assigns shall, within 60 days of the effective date of this 33 resolution, file with the City Clerk an cceptance in writing of the conditions of this resolurion and 34 shall, within the period(s) specified n the terms and conditions of this resolution, comply in all 35 respects with these terms and con tions. Requested by Department of: Technoloev & Manaeement Services Adopted by ( Adoption Ce� By: Approved by By: � Council Secretary Date By: �.,2.� ��/.G�L-� Director Form Approved by City Attozney 61.1to Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members � �, 'T „„. r; � � - . From: Peter White � `^' 6�1� Right of Way Engineer 140 City Hall Date: �� December 7, 2001 c �� - a� �5��#�7.'��'��.t��'�,`,3�.e�z3�.�,� f �:'��o-�. ' �.: v . �,..w: _ . ............n..� .._.. .. , .,..�, _ .' �.. ._m �wa' �r� ._. _.. . a _..::,�'.,�: 6 e�awa I recommend a public hearing befare the City Council be heid on�� The purpose of this vacation is to release City interest in Ninth Street between Cedaz and approximately 109 feet easterly of Cedar as part of Minnesota Public Radio's re-development of their facilities. This property is located in City Council District �, Planning District ;��7� cc: Shari Moore, City Clerk's O�ce (for publication) Meghan Riley, City Attorney's Office (200122hr.date) ST. PAUL CITY COUNCIL PUBLIC HEARING NOTICE 0�-•�y STREET/ALLEY VACATION City Councii Ward # 2 Planning District # 17 File No. 2001-22 PURPOSE PETITIONER HEARING Vacate Ninth Street from Cedar to 108.80 feet east. Minnesota Public Radio The Council will conduct a public hearing on this vacation on Wednesday, _Januar,�23, 2002 in the Council Chambers on the Third Floor of City Hall. Public Hearings begin at 5:30 P.M. QUESTIONS Ca11266-8850 and refer to the file number above. City staff will be available unti14:30 in Room 140 City Hall to answer any last-minute questions on this project. MAP � aw� � \ >� �9. � � � Notices sent: January 2, 2002 by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 G� � 3 (557) �n .�� 6� �s��°^� 67 �sz�� ,�., is� �� 7 �,�� (GOtxA) 6 [$ �� 'l � 2,� F o�, � y 0 mdTVaB,Reg"ae dland5�iu' 1Na tLemrthwett mmaotadBlock 13 ro NewuNUenwmeroCaaTrxtE analyingzou@xcttulY of�'°°s�1Y weofsvarrectspmlouB�m�NU��ertyroNevoMUlri eafaaB�ack 13 oa--''� NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Minnesota Public Radio, for the vacation of that part of 9th Street as more fu11y described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court FIouse on the 23rd day of January, 2002 at 5:30 P.M. Dated December 10, 2001 Shari Moore Deputy City Clerk .�q.. �`.-. �G�,..a� v?^;•?-... _ .. - n.AF ' :. (December 13, 2001) �V-07-2001 16�24 s � Fteply to Vacation lnquiry File #2001-22 To: Juan A. Ortiz City a2' Sk Paul / Beal Fstate bivision Pbo�� 266-8850 F:�a 266-8855 0 P.02iO3 From: � O Z��. K BLOMQUIST 612.330.6590 (f 612_330. We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q We will approve Ihis va�ation, subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q �`"��^- :' � . ,_ >�: =", � i ; �� U; ��Jiv , 7 November 13, 2001 Signed Kathleen A' Blomqu�st Date Sr Real Estate Representative NOV-09-2001 13�12 STP PRRKS 8 RECREATION 612 292 74a5 P.01i01 O Z-'? 6 , � � o( Paqea � ` rQ: Juan A. Ortiz From: Rep[y to Vacation Inquiry �- � L�� File#2001-22 �:... ,.o.r.�� ..t��,..:�,..., �._--- ��__...� Yh�ne (f 2t�6-8t3`�Q �� ;� ; ?66-88�5 F°x We have no objections to this vacation . . . . . . . . . . . �� We will approve this vacation, subject to the following � �or the following reasons, we cannot approve this vacation- ❑ l � /�y1pi TTT TOTAL P.01 NOV-08-2001 18�44 PED 14TH FLOOR 6512283220 P.01iO4 :.�.. �'�'��..._�.�...... - - .:�__ a z-?6 ro: Juan A_ Ortiz Reply to Vacation Inquiry Fite #200i-22 We have no obJections to this vacatio� Phone # Fsx 7! � a ot aagas 7 From:�� We will approve tfiis vacation, subject to the fopowing conditions; For the following reasons, we cannot approve this vacation: — 32zv � Page 1 0# 1 Paul Dubruiel - Response Form for ROW Vacation 2001-22 From: Juan Ortiz To: Beach, Tom; Dubruiel, Paul; Murphy, Linda; 7schida, Biil; Wirka, John Date: 11/8/2001 8:11 AM Subject: Response Form for ROW Vacation 2001-22 Just �n case you dfddt get a response form tm Me peuuon mvapte 9M Sereet, a capy I; attecnea. Yow �mmedlak attentbn k apDreckced. Tha�s. ._� _' .�' '_�, . � '.,..., � �..` . _..°�,t . " . `^. �' .. Signed � lN Date �/— ��Q l . � NOU-07-2001 16�27 Reply to Vacation Inquiry File #2001-22 20: Juan A. Ortiz City of St Peul / Re Phone # �� 1 From: �, ct t2RPr-�c/Ac��oE� 266-8855 I F� # P.02iO3 � O L_ZG We have no objeciions to this vaca[ion . . . . . . . . . . . . . . . . • • • - • • - - . . . . . . . . . . . . . . . . . . [�' We will agprove this vacation, subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . ❑ il-2I v / Date 11/13/O1 TUE 14:35 FA% S30 6590 � �W07-2a01 l6�24 ' I Reply to Vacation Inquiry File #2001-2� NSP DEL SYS CONST To: �112II A. �tC1Z rt�� 265-8850 F:�� 266-8855 P. From:xeEL - £c�ax,�c K BLOM4(7IST 612.330_6590 (€) b12.330. 612.330. _@loos � OZ�ZG We have no objections to this vacation . . . . . . . . . . . . . . . . • • - • - - . . . . . . . . . . • • • - - -Q We will appmve thu vacation, subject to the foIlowing conditioas : . . . . . . . . . . . . . . . . . . . . ❑ Far the following reasons, we cannot appiove this vacation: ...... -•-•••---•-------.. Signed ICathleen A� Blomqu�st Date Sr Real Estate Representative November 13, 2001 NOV-20-2001 18�23 � O Z•'7 �o r Reply fo Vacation inquiry File #2001-22 651 293 6868 P.01/01 ro: Juan A. Ortiz From: G,G't�it� Phones 2(�-$$50 � Pho�x#�_tJ �Cl�O� �� 255-asss � F�� 2q3 le� Co4 We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ We will approve this vacation, subject to the followin� conditions : . . . . . . . . . . . . . . . . . . . . � For the following reasons we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q� NtNrt6E �✓Tt��" E� ,� M,Li Jot� �1S.�C -wE�� '� - �`'��.�� etP� !M �Wrirta,c.I s��,.►T �.tt� A�.�b a•��Y ��NK 'tv 'It�� t��tt� �Pt�+c1T u2�a�1 vtc.c.a�, �.fitD �,�F� 1�MRit� �'t.� 1t' v�%t�l�C� 1�N C� ��c�a.c� t�tov�t��k ��.oS��C�� o� NcNrtc-� sc��'r t� t�co ��tsT�ti(�' �rv� r�� t�l� pt?�tik�� T�� ` �9/NT �G A'U T�/E 1i'/5:5f 5`�l�/ �vEGt3i�'- 1 �'l�?'��.9I'� ��,' , - pcyit� .<� �L� ��.. '�xn�l��rc«1'S 1�t�1h�T�A �fR��2tP , ��.�C� �'�-t�� .x.�_`` ,��4 ��,,� �� R ��r , �,U� ?�Mc�/�`� �� (,if�liG��.� '�"Ct�r� j� �'�l� t�,i2o �Ntt� p� �-4�� fA�l�h1 i�tt,��4� 'C� �'1�� S�t �p �t�. ��b��, �,.,�,�t'�.c�� t� �f��.'� ��l �=�� . ... .. l ! 20� b� Date TOTAL P.01 oL-16 '= V = '^ o T V o �+ V � m � � L n a � O � CJ m Q = � _ '��.p`G Q � o � � � pt Z 2 N � � r 3 � � � � A? p � � � � d � 1D = 91 _v - O T�n� �� y � ri o o � � D � z ✓� � O V " � V �" `J � � c r ; N m o> n C: u� S G C �G w tD c L. N 7 �x? c y � C �N s� y s r o -O�T`� �� 'Ci ;= Q A' � � � � � ^ _ Z ID 4: {f: :J 0 � v y O 0 n 0 _' � 0 0 n v U o` � � II�7 a � s ro .. � � .. K � � � � � � a � �' v 3 N � v' O � '� � � O � ry 3 � � O W 1 N � � O �77 a < � � � � � N a 0 � N o �?.4 ♦ Reply to Vacation Inquiry File #2001-22 ro: Juan A. Ortiz City of St Paul / Real Fstate Division Phonek 266-8850 F�# 266-8855 I # of Pagu 1 From: �Ccc. -�S We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation, subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ��' �-�� C� �t�� i�. � ' Y-, �� . �, d oeS ;-,e ��V� �� -�., � s��,.� �,� � . b '� //- 9 �- Date �cC�dV ' ; E> t � , � �:-. �=�'�� €S�AtE D fVf;t�; �; Zcc� i 6Z-26 12/27/O1 THU 10:46 FA% 651 221 0�5� nEC-2�-zeoi ia=ez Reply to Vaca#ion Inquiry File #2001-22 DISTRICT ENERGY ST. PAUL 20: Juan A. Ottiz �� x F`rom: 266-8855 p� oos �arr�� 1 ` V OZ W'e have no objecpons to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ We will approve this vacation, subject to the following conditlons : . . . . . . . . . . . . . . . . . . . . � For the fotlowing reasons, we cannot approve this vacation: . . • . . . . . . . . . . . . . . . . . . . . . . Q COMPENSATION FOR AND FULL RELOCATI�N COSTS PAID ANO EASEMENT ACCOMODATION FOR ROUTING SMALL BORE PIPE FROM CEDAR STREET TO MINNESOTA..STREET ON 9TN STREET, IfVCLUDING SERVICE TO EXISTIN6 MPR BUILDING. (THIS RELOCATION MUS7 BE C06RDINATED TO MINIMIZE SYSTEM DOWNTIME FOR THIS LINE, BECAUSE IT SERUICES OTHER CUSTOMERS) Q�TR�T ��4y�� p., � �nc.. - •b•�-- 1z•Z�•I Aate 1t- 8-01; 3:O1PM:V 5 WEST IYllv YJI y0•1J ro: Juan A. Reply to Vacatior� lnqairy Fiie #200i-22 ;65 »30�385 Ao£Pa From: Q tste Dlvl�oa 266-8850 r�# 266-8855 �"� 3t 3 / 4 r.ne�n� � oZ.1F �� Fr�x� We bave no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We wilt approve this vacstion, subject to the following conditions : . . . . . . . . . . . . . . . . . . .� For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q (�wEST M��57 R��.IN �XISTi%J� FAct�r T�c-S f� 7a!/5 f{-2�A, CuRR�N7Ly� �kEf}RE CoQ�e� e - Fi�E-2 ��tBceS uNbE)Z �l �� 5iX'E�°'�/ � Mhnl F}o�E - tn R�t,� rv 1 I�LIGi STRLtGTZ(/LL . Signed tr �g /or Date , . � . � Reply to Vacation Inquiry File #2001-22 ro: Juan A. Ortiz csTy ur PLone # Fax # I # of Pagu 1 From: �.�� 266-8850 Phone � 266-8855 F�� We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q We will approve this vacation, subject to the following conditions : . . . . . . . . . . . . . . . . . . . � For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . � �`� ��e'��p�•� l�\��,`�wo� � ��CS �.X��rv.�� J�C�+�.� �\n S�%�,.� �2..� � �j'C.L�,\�- �- Signed , `\\r\5-�� Date 02-?� o Z- �6 Memorandum Engineering Division Our Mission: We ezisi to provide reliab[e, quality water and services to customers for residential, commercial, industrial and,fire protection purposes at a reasonab[e cost. TO: Juan A. Ortiz Real Estate Technician� FROM: William L. Tschida Unit Supervisor - Engineering DATE: December 18, 2001 SUBJECT: Finance Department File Number 2001-22 MPR Saint Paul Regional Water Services (SPRWS) has a 6-inch public water main in Ninth St. which supplies water to a fire hydrant, domestic and fire supply service to 77 East Ninth St. and which contributes to the circulation of the water distribution system. Water flow tests in the area indicate abandoning that main would have an adverse affect on residual water flows available for the water services at 77 East Ninth Street. Consequently, alternate water mains, water seroices and a fire hydrant must be constructed to provide adequate water supply. SPRWS approves the above street vacation request, subject to the following requirements: That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the Board of Water Commissioners of the City of Saint Paul to reserve the right of the Board to maintain and operate any water facility in or upon said easement and to enter upon said easement, or any portion thereof, at any time and from time to time, for the purposes of future construction, reconstruction, inspection, maintenance or repair of the same, or any part thereo£ Said utility easement shall be subj ect to the following conditions: a. No buildings, structures, trees or any temporary structure, material starage, fixture, or any other objects which may prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area. b. Improvements in or upon the above described easement that do not prohibit the Board from exercising its reserved rights may be allowed by obtaining written permission from Saint Paul Regional Water Services with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the Board exercises its reserved easement rights. � 02-'t L Juan A. Ortiz December 18, 2001 page 2 c. Should it be necessary that the petitioner's works or improvements be removed ar damaged as a result of Saint Paul Regional Water Services operations, all removal, replacement or modification costs shall be borne solely by the petitioner. d. No change from the existing grade within the easement azea shall be permitted without written permission from Saint Paul Regional Water Services. e. No change in surfacing within the easement area shall be permitted without written permission from Saint Paul Regional Water Services. £ The petitioner, its successors and assigns shall fully indemnify, defend, and save harmless the Board of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or resulting from any action or negligence of the petitioner, its employees, agents or, business invitees. 3. That new water facilities, including mains, fixe hydrant and domestic and fire service to 77 East Ninth Street shall be constructed so as to provide sufficient water flow for fire protection, as determined by Saint Paul Fire Department. In the event that such water facility construction does not provide sufficient water flow for fire protection, as determined by Saint Paul Fire Department, additional or replacement water facilities shall be constructed in order to accomplish such provision. All plans shall be subject to Saint Paul Regional Water Services approval. 4. That the petitioner shall be responsible for all costs associated with said water facility construction and reconstruction, including but not limited to design, construction and inspection. 5. That the vacation resolution shall not be filed for recording with Ramsey County until a site plan showing the reconstruction of water facilities in Ninth Street between Cedar and Minnesota Streets has been approved by Saint Paul Regional Water Services and the petitioner is ready to begin said reconstruction. WLT/jml copy: Linda Murphy � 2 -�7 G To: 7uan Ortiz St. Paul Real Estate 140 City Aall From: Linda Murphy St. Paul Public Works 800 City Hall Annex Re: Vacation of part of 9`� Street between Cedar and Minnesota Date: December 14, 2001 The Department has completed a review of the above referenced vacation proposal and has agreed to their proposal subject to the following requirements: 1. That the vacation resolution shall not be filed for recording with the County until a site plan for the reconstruction of Ninth Street between Cedar and Minnesota Streets has been approved by the Department of Public Works and the petitioner is ready to pull permits and begin said reconstruction. Unul that time, Ninth Street shall remain as it currently is and continue to be treated as a public street in all respects. 2. That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain and operate any sewer in or upon said easement and to enter upon said easement or any portion thereof at any time and from time to time, for the purposes of future construction, reconstruction, inspection, maintenance, or repair of the same or, any part thereof. Said uulity easement shall be subject to the following conditions: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects;;which may prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement azea. b. Ixnprovements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Departrnent of Public Works Sewer Division with the understanding that the restaration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of the Department of Public Works operations, all removal, replacement or modification costs shall be bome solely by the petitioner. d. No change from the existing grade within the easement area shall be permitted o L -7b without written pernussion from the Department of Public Works Sewer Division_ e. No change in surfacing within the easement azea shall be pernutted without written pernussion from the Department of Public Works Sewer Division. f. The petitioner, its successors and assigis shall fully indemnify, defend, and save harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or business invitees. 3. That a turn-azound for the remaining portion of Ninth Street sufficient for the traffic needs of the abutting property owners shall be constructed to the satisfaction of the Department of Public Works. 4. That the petitioner shall be responsible for all reconstruction of utilities witl�in Ninth Street; reconstruction of Ninth Street and the intersections of Ninth with Cedaz and Ninth with Minnesota; removal or placement of street lights and signs, all of which aze necessary due to this vacation, and all to be accomplished to the satisfaction of the Department of Public Works. Page 1 of 1 D2-�6 Juan Ortiz - Re: Fwd: MPR vacation From: Chris Cahill To: Nelson, Jeff; Ortiz, Juan; Riley, Meghan Date: 12/21/200'1 8:43 AM Subject: Re: Fwd: MPR vacation I have received a satisfactory letter from MPR addressing fire's concems. Jeff was copietl. I'm not sure how the details of the resolution are being handled. Are the points MPR is agreeing to going to be contained in the resolu5on? Do I simpiy hoid the building pertnit issuance contingent on these points? Someone let me know how to proceed. Chris »> Juan Ortiz 12/20/0� � 7:t0AM »> 12/20 Hi Meghan- Say, have you had a chance to work on the ROW vacation resolution conceming MPR's petition to vacate 9th Street? My terms or conditions in the resolution should commence the day council approves the resolution. This resolution needs to be in itr final form before ne�ct Thursday, with all responses in. As of right now, Pubiic Works is drafting their f nal respose, no revision yet from Fire and nothing from Distric Energy. With neut week bei�g shortened by the holidays, once again, time is running out. Phone (6-8864)or e-mail me- Thanks. »> Meghan Riley 12/6/2001 10:003� AM »> ]uan, Since I am dmfting the sunset date knguage t'or Ne vacation resofuh'on, can you get me Me fite or a mpy W Me pe0lion as soon as paaible? [ mit need Me legat d�enpnon for the resolubon. Alw, R was not clear to me whai tlata real estate and pubik works wem cwnPorbbie wRh—tv+o years irom the 19[h of December? Un you check on the tlates for me antl get back to me� Thanks, Meghan file://C:�Documents%20and%20Settings\ortiz�L,ocal%20Settings\Temp\GW}00OO1.HTM 12/21/2001 bZ��b 1 MINNESOYA PUBLIC RADIO mpr >� December 18, 20Q1 Mr Chris Cahill Fire Protettion Engineer Depaztment of Fire and Safery Services Fire Prevention Division 100 Easc ilch Screec Saint Pau1,1v1iz�nesota 55101 �� ?dv�i �� 5 1HOM45 ! X/6/M £iecutivc Yice Pres�dent Chiei Admin,5lrat�ve Dtfite+ Genera� Counsel Re: Pubiic Sa#ecy Assurances Pertaining to the Pzoposed Closure of 9th Screet Minnesota Public Radio Expansion HGA Comnnission Number 2190.001-01 Dear Chris: 1Vlinnesota Publac Radio is �leased to be scaying in Saint Paul and we are excited about ouc expansion plans. It is imperative for the e�cient growth of our future operations that MPR receive final auchorizazion from the City for che vacacion and closure of 9cb Streec. We understatid that public safery is paraznount and wanx to assure the Depanment of Pire and Safety Services thaz we are commatted to working with you to ensure that no compromises are made to public safecy with the proposed vacation and closure. This letter is to provide you with the assurances you requesced regarding the pending street closure. MPR will rein{ozce and upgrade the scruccure of MPR Drive (the alley immediately east of our existing buildin� to handle emergency vehicle weights. The existing structure has been reviewed and can be reinforced to meec loading requirements to provide safe access to 7th Screet. The specified 12-foot widih and required turning radius for city emergency vehicles wi11 be maintained on MPR Drive to provide safe access to 7th Street. 45 fAST SEYENTX SIRffT � SA/Xi PAUL MINNESOiA 551Di-127d teleDhone - 651.290,1553 faesimile • 651.290.1243 websiie . Aito:r/www.mpr.org o't-?b � Mr. Chris Cahill December 18, 2001 Page 2 • A fire hpdranc will be provided az the end of 9th Streec on che cul-de-sac created b}� the closure. MPR will work with Public Works and the Water Department to assure che relocated water main provides appropriate water pressures to 9th $treet. • MPR will collaborate with Public Works to ensure that all utiliry relocation work is completed prior to the closure of 9`� Street at Cedar and to assure emergency vehicle access during the relocation work. We expect that these assurances provide you with the information you require to respond positively to our 9`" Street vacation petition. I# so, we would request that you £ozward your support for the vacation to ]eff Nelson of PED, in writing prior to the Decembez 27, 2001 deadline for che January 23 2002 public hearing. We appreciate your help and look forward to concinuing co work sogecher as our expansion project moves £orward. �'lease coratact either Bake Baker at HC,A or myself if we can be of further assistance. Sincerely, MINNESOTA PUBLIC RADIO _ � 1 �.al � Thomas J Kigin Executive Vice President c: Jeff Nelson, PED David O'Neill, N�'R Bake Baker, HGA v Z-� 6 , , That the vacation resolution shall not be filed and recorded with Ramsey County until two years from the date of the Council resolution or untii a site plan for the reconstruction of Ninth Street beriveen Cedar and Minnesota is approved by the Deparlment of Public Works and the petitioner has pulied perxnits, whichever occurs first. Untii such time, Ninth Street shall remain a pubiic right-of-way. That if the petitioner fails to commence construction within three years of the date of the Council Resolution, the vacated properiy shall revert back to the City as a public right-of-way. CTI'Y OF SAINT PAUL Norm Colemars, Mayor November 2, 2001 Peter White Valuation Engineer Real Estate Division 140 City Hall Dear Peter: CITIZEN SERVICE OFFICE ��,,, 7� Fred Owusu, City Qerk I70 City Hall TeL: 651-266-8989 ISW.%lloggBoulev�d F¢r. 65I-266-8689 SaiMPau� Minnetota SSIO2 Web: hdp://www.ci.slpauLmnus TDD: 651-2668509 n �cFiv�r .� �; ` _,q� fsr�rE;,�vrsts� I refer to you to check as to form and sufficiency and for recommendation, the attached petition of Minnesota Public Radio for the vacation of that part of Ninth Street according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, Q`�- ��e Shari Moore Deputy City Clerk Attachments oz- 7b PETITION TO VACATE CITY INTEREST I(we), the undexsigned, constimiing a majority of the owners (or their legally designated representatives) of the abutting properties, do herehy petition the Conncii of the City of Saint Paul to vacate its interests in the properiy(ies) legally descnbed as follows: That par[ of Nmth St�eet, adjacent to Block 13, Roberts & Randalls Addition, according to the recorded plat thereof and Tract B, 32egistered Land Suivey No. 391, Ramsey County, Minnesota lying northeasterly of a line drawn from the northwest corner of said Block 13 to the southwest comer of said Tract B and lying southwesterly of the easterly line of said Tract B prolonged southeasterly to the northeriy ]ine of said Block 13. I(we) request this vacation for the following reason(s). (Indicate whether you will be building on the site.) Minnesota Public Radio ("MPR") intends to build an office building on the portion of Ninth Street proposed to be vacated. The proposed building would connect the existing MPR building with the 480 Cedar Building across Ninth Street, to create one contiguous shucture. This contiguity would create more e$'icient worldng relatianslups within MPI� and the additional structures would provide necessary floor space for MPR MPR plans to improve the street leading up to the vacated portion of Ninth from the east, in order to create an appropriate cul de sac. I(we) have attached siY copies of the site plans of any development intended for construction on the lands to be vacated Contact Persons Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacatiou: Name: Thomas Kiain Address: Minnesota Public Radio 45 East Seventh St. St. Paul, MN 55101 a90-/55y Name: Roeer Beluens Address: Fae2re & Benson LI.P 2200 Wells Fazgo Center 90 South Seventh Street Name: Thomas Kigin Address: Minnesota Public Radio 45 East Seventh St. St. Paul. MN 55101 Name: Address: Minneanolis. MN 55402 oz-�c siguatures 'I7� Executive Director o� Pubhc Housng Agency of St Paul, signing on behalf of and with the authoriry of Public Housing Agency of St Paul �� - omas xigin The Executive Vice President of esota Public Radio, signing on behalf of and with the authority of Minnesota Public Radio of Property(ies) Described Below: 7on Gut�mann Public Housin� Aeencv of St Paul 480 Cedaz Street Suite 600 St. Paul, Minnesota 55101 �rno� ��n Minnesoh Public Radio 45 East Sevemh Street Suite 600 St. Paul. Minnesota 55101 I, t�'��.%( � S• �`►v� l L�. , am employed by the petitioner, or one of the petitioners in the above matter, and I do hereby swear and verify that each of the signatiues on ilris petirion was signed in my presence by the persan described in the petition. 1 5t Subscri�ed and swom to before me tlris dayof I1Q"U .2001. ��`� �it�/t�t�C.. C — /� �--+ Signature Notary My commission expires l /•" a DO 6 M1:810471.01 � � � �'�Iql�q18lE1aF� 62- 76 The attached Resolution No. 01-10/24-2 was approved by the Board of Commissioners of the Public Housing Agency of the City of Saint Paul (PHA) on October 24, 2001. In it the Board ratifies the Purchase Agreement executed by the PHA and Minnesota Public Radio (MPR), which specifically refers to the vacation of Ninth Street (Purchase Agreement, Section 113). The resolution also authorizes the PHA's Executive Director to execute necessary documents related to the sale, lease, and HUD approval of the sale of the property. Date: October � j, 2001 � � F. Allen Hester Assistant to the Executive Director 480 Cedar Street • Suite 600 • Saint Paul, Minnesota 55 1 0 1-2240 � 651-298-5664 • Fax 651-298-5666 """""' O Z-'Ib PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL RESOLUTION NO.Ol-10/24-2 SALE OF 480 CEDAR BUILDING WHEREAS, the Public Housing Agency of the City of Saint Paul (PHA) owns the office building at 480 Cedar Street in Saint Paul, Minuesota (the "480 Cedaz Building") and maintains its Cenisal Administrative Office and Rental Office as well as commercial office space and a parking raznp; and WI-IEREAS, a declaration of trust has been recorded in favor of the U.S. Department of Housing and Urban Development (HiJD) relating to the title of the 480 Cedu Building in connection with HtTD Development ProjectNo. MN 1-33 (N1NP460010�3); and WHEREAS, the Minnesota Public Radio (MPR) desires to purchase the 480 Cedar Building for $7.9 million, a price which was previously approved by the PHA Board of Commissioners on January 24, 2001 as reflecting the replacement value of the property; and WHEREAS, the PHA and MPR signed a Purchase Agreement on October 17, 2001 which is subj ect to HUD's release of its declaration of trust on the property ; and WHEREAS, MPR and the PHA have tentatively agreed that the PHA will lease its office space on the third and sixth �Ioors of the 480 Cedaz Building from MPR on terms and conditions which have been presented to and fully considered by the Board at this meeting; and WHEREAS, the Board of Commissioners finds that this sale and leaseback of 480 Cedar Street are in the best interests of the Public Housing Agency; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Public Housing Agency of the City of Saint Paul as follows: 1. After review and consideration of the Purchase Agreement for the sale of the 480 Cedar Building to Minnesota Public Radio (MPR) at the price previously approved by the $oard of Commissioners, the Purchase Agreement is hereby ratified, subject to HIID's approval and release of the declaration of trust; and 2. After consideration of the terms and conditions of the Lease Agreement for the PHA to lease the third and sixth floors of the 480 Cedar Building from Minnesota Public Radio (MPR) after the sale closing, the Lease Agreement is hereby approved and the Executive Director or his designees aze hereby authorized to execute any related documents which aze necessary; and 3. The Executive Director or his designee are authorized to seek I-IUD approval to amend the PHA's Agency Plan for Fiscal Year 2002 to describe the disposition of the 480 Cedar Building; and �. The Executive Director is authorized and directed to execute and submit a property disposition application to HUD along with all further documents and information as required by HUD respecting approval of the sale of 480 Cedar Building. APPROVED ON OCTOBER 24, 2001 bZ-?6 CERTIFICATE OF BOARD SECRETARY The undersigned hereby certifies as follows: 1) That he is the duly qualified and acting Secretary of the Boazd of Commissioners of the Public Housing Agency of the City of Saint Paul (Local Public Agency), and the keeper of the records of the Local Public Agency; 2) 711atthe attached Resolution No. 01-10/24-02 resolution as adopted on the 24 day of october is a true and correct copy of the 20 O1 ; 3) That the seal affixed below constitutes the official seal of the Local Public Agency and this Certificate is hereby executed under such official sea1; and 4) That the undersigned is duly authorized to execute this Certificate. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the said Public Housing Agency of the City of Saint Paul, this 24 day of (SEAL) �lu nepuoii� ivacional Insurance Company 400 2nd Avenue South Minneapolis, MN 55401 October 31, 2001 Thomas Kigin MiLnesota Public Radio 45 East Seveath Street St. Paul, Minnesota 55101 To whom it may concern: oZ-76 Old Republic National Title Insurance Company does hereby certify that.a,, search of Ramsey County, Minnesota t� records discloses that, as of ' October 31, 2001, the owners of the properties abutting the public right- of-way described as That part of Ninth Street, adjacent to B1ock I3, Roberts & Randalls Addition, according to the recorded plat thereof and Tract B, Registered Land Survey No. 391, Ramsey County, Minnesota lying northeasterly of a line drawn from the northwest corner of said Block 13 to the southwest corner of said Tract B and lying southwesterly of the easterly line of said Tract B prolonged southeasterly to the northerly line of said Block 13. Legal Description Tract B, Registered Land Survey No. 391 All that part of Lot 2, Block 13, Roberts & Randall's Addition to St. Paul, lying West of the dividing line between Lots 5 and 6 in said Block produced to the North line of said Lot 2, except that part of Lot 2 lying West of the dividing line of Lots 3 and 4, in said Block, produced to the North line of said Lot 2. Property is: Fee Owner Torrens Public Housing Agency 480 Cedar St Suite 600 St. Paul, MN 55101 Torrens (Continued) Minnesota Public Radio Inc 45 7th St E St. Paul, NIN 55101 Legal Description Lot 3, Block 13, Roberts & Randall's Addition to Saint — Paul. A11 that part of Lot 2 in B1ock 13, Roberts & Randall's Addition to Saint Paul lying West of Westerly line of Lot 4 in said B1ock 13, produced to 9th Street. Property is• Abstract O � � � V Fee Owner Minnesota Public Radio Inc 45 7th St E St. Paul, MN 55101 This report represents the professional opinion of Old Republic National Title Insurance Company regarding ownership of the above described properties; it is not intended, nor shall it be construed, as a guarantee of title. Old Republic National Title Insurance Company assumes no liability for errors or omissions. Sincerely, ��. - Lorette Schmaltz Assistant Vice President Old Republic National Title Insurance Company t00Z �aquianoN 8 .OZ4 �09 `C J r e�osauuiW `�ned }uieg �� f` �� ue�d a�is �� '�� „?��=F`"�,p- ' '�! � C�� „y� ��r`"�"��i`�'�� . �� _ _ � . :'' .,� .�- ��,�. #�a-�`�"' m .r.�. ��£ _ . �, , . 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"' ' .' . . . . . .. . . �s . �� - � �- -- � / �� SS3i1JNF.�JNIlSIX3 � � �� '� `JNfOIf(18 0 .,� ' / / bV43� 084 m �.�t�� k ` � �� . ,� � � , � k' r� ti� �� :� � �Ni�avda�vdans — � ��.��Nict��; ��t��3a�� r�roia3�.,�as�ad_ . � � ��„��vH�; �,�Xl( �fNfOtlN�'>a=`x° 1tl231N3� - � � �' �^c �-��'� r��. ' � __ �%' ��.�.� � � ' -'��' �1,�2�...� .,r ;' � .T] ��-. ��' �� _ xt�,r�'�"�.5� � �' �'* "'._ _ _' � . - �'_-_'m_ v£`�+r^ti y.,»icwx"a Sm�.- ' I71 .� : -� �' .�'�. � . . .,,..- � �_ '. aa�vaHl al`d2i3JZlij 3H1 _ ' " I . f �. � ' . , : "` "I ----- ��l 133211S 3�JNVHOX3 D � D w _ D � --i .� m m J � CITY OF SAINT PAUL Norm Coleman, Mayor November 7, 2001 �tii(ijec� 1�IS�?epa�finent �1e N�s a z-76 Department of Technology and Management Services Real Estate Division 140 City Hall Phone: (651) 266-8850 Saint Paul, MN 55102 Fax: (651) 266-8855 The City Clerk has referred to ttus office for recommendation the petition of 1�T �ybh� �ailio for � � �� ... .w the vacation of ��ae`h��seciutionl: This inquiry pertains to the vacation of City right-of-way only. Depending on the petitioner's reason for requesting this vacation and the intended use for the vacated right-of-way, some or ali of the utility easements may be retained. The purpose of this vacarion is ta;`Gr�cT'�'� ,��r��rne�t3lYe e�§tai�g„_�bv��it%gs: Will you please advise me of any concerns you may have regazding tlus proposed vacation. I would like to receive your comments before as soon as nossible so I can prepare a report to the Ciry Council on this matter. For your convenience, you will find a fas transmittal memo containing a reply form on the reverse side of tlus notice. If you would rather respond on your letterhead, please refer to the above listed file number when replying. If you haue any questions regazding this matter, please call Juan A. Ortiz at 266-8850. Sincerely, � v � Juan A. Ortiz ( 200122.inq) . Reply to Vacation Inquiry File #2001-22 To: Juan A. Ortiz City of St Paul / Re Phone # Fax � o Z -76 # of Pagu 1 From: �tate Division 266-8850 phone� 266-8855 F� � We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ We will approve this vacation, subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ Por the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q Signed Date oZ-�4 Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members ' .�%' From: Peter White'C "'' 6'I� Right of Way Engineer 140 City Ha]] Date: December 7, 2001 Sub�ect� `TMS Deptartment Vacahon File 1Vor2001 22 ; e „ _ I recommend a public heazing before the City Council be held on January 23` 200�� The purpose of this vacation is to release City interest in Ninth Street between Cedar and approximately 109 feet easterly of Cedar as part of Minnesota Public Radio's re-development of their facilities. This property is located in City Council District -2, Planning District 17, cc: Shari Moore, City Clerk's Office (for publication) Meghan Riley, City Attorney's Office (200122hr.date) � � i N O N �--i O O N 0 z 0 F U � a � O W H � � � c� � w 0 � � 0 .., ° �, -� � �..� � W � O � � o, a � � w � C O o � i.: o � -� o � � � > a � w � � �: a � e��n zn 0 :� a � w � � W U w � � o � � � � C 3 O. W � A � '� .o a ,-�, � � W q z � z ° � ° 02 � � C � Q' ' � � W ,� � y �-`�- � � c�" � ^CS � � � . � x a � ^ � - � .-. .-. � � m N .� .� � o � � r, � �? � `� x � a�i � �- ^' � C7 � i-�� CC GJ � b Q a�i � c v � �, V W b � � � ° y o .� i, N y t. s, V] � W � v�i � .� � W a� v q,s� O W W � � > > > > _ � v . _ V � .-. Q r, � � �. y � b � W � � �. :� �o � � � � ^ a � i � � � � °" .� � .� � � � � :c � '" ° � � x � � � � � 3 �� Q o � v � a" � �, � Gl � � � � � � � � a Q ° c. ° U" .o �' a � � � a Q a x P. � a > > > > > > > . . La � L"i Y L-� � Ll Q 1 - C � O . ,�: � O '� � CA z � I � � .� � . . � : : '� . . U ' ' � • - � : : � :: o :: � v : : ' v o w : : �' Y : : � . v 3 � ; : � o � : : � � . . � 'V . . � . . � . . � . . � � . . .ti . . � �' . . � � U x a�i �: � � � � N U � � C N i � � W L.� , 4'� '�'� "' v, U a`�'i a" � � o ° Qa c '� O „O Q O z � � '� � o a�i ai a`�i � x x x 0 � �4 ti U � i �� Y a ¢ G Z- ?L MPR PROJECT UPDAT`E January 23, 2002 Backeronnd Over the last two years MPR, has considered sites in Minneapolis and Saint Paul with the strategic goat of bringing all of our employees together in one building, with large contiguous floor plates, to allow for creative interaction and communication and to allow efficient use of production and technical space. Saint Paul's offer to close Ninth Street and to assist with funding the p�schase price of the 480 Cedar Building makes it possible for Mi'R to aclueve its strategic objectives in Saint Pau1. There is compromise to the idea of the lazge, contiguous floor plafes, since the floor plates of the MPR building and the 480 Cedar building aze not on a level ptane. That makes the Ninth Street space more important as the key space to eacpand the eacisting technical facilities of MPR. Inclusion of the "Triangle" green space and connection to the Fitzgerald Theatre allows us to create an MPR "campus" with the possibility of future expansion We aze also able to preserve our investment in the technical facilities in the existing MpR buiiding, wluch has significant presence in downtown Saint Paul. Twice, with the purchase and renovation of the existing MPR building and again with the piirchase and renovation of the historic Fiizgerald theatre, MPR has proven itself willing and able to contribute positively to Sainf Paul's urban environment. Whv vacate Ninth Street now? MI'R must be sure that we can aclueve the essentiai purpose of the project -- to briug our employees together in one contiguous space — before we proceed with purchasing the 480 Cedar Building. Thus, we cannot take the risk of proceeding with the purchase agreement aud witli the Development Agreement if Ninth Street is not vacated. How are we addressine communifv concerns� MPR has agreed, in the Development Agreement, to utilize the ten design principles adopted in the 3'aint Paul on the Mississippi Development Framework MpR and the CiTy's Design Center have agreed on a process and timetabla for design review that will allow for participation aud feedback by the Design Center team at critical points in the design process. MPR has already met with the Design Center three times; future meetings will be in accordance with the agreed upon milestone schedule. MPR has met with District 17 of the Capital River Council, which passed a resolution endorsing the project MPR has met with nearby residents twice, and will stay in periodic contact with them as the project proceeds. Theu most pressing concerns aze on the issues of pedestrian access and safety. We believe that mosf safety concems have been addressed by the City as part of the street vacation process. With respect to the pedestrian access issue, design has not progressed to the point where MPR can offer a single, specific solution to neighbors' concerns. However, we have studied a number of alternative pedestrian access routes (see attached) and will continue to address their concems as part of the ongoing design of fhe projecY. F/hffR PROIE(,T [7pDAiEdo� 123/62 ��,� S t4 �ZP ��e \ 1 � � � � ��S S �t �i SE / V J J l �4 ,/ / �.P4. � ?� � n__ � � E1 aE e' o� P� t�� 0 ��, ,�� e�� : �J; �/ �t � � P E 4� �� .N �J �/� � 4 iC/^ y///%� \/ � 5 T _ ,� � � � ! - _ .-� � .,... . , . � , �, . . �_ . � � ... � � . .. . _ ) mpr)� expansion Study of Alternate Pedestrian Routes � 0' 60' 120' " '^^..^_. 240' � '��\ oz-�� \ � 3 �P e w�6.. � r� . � X f ` �:: �� ` �� -° C . \ . ....,_. e._ .E��SQ�aG b2-"I6 MPR EXPANSION PLAN CapitolRiver Council District 17 Resolation Reviewed and recommended hy the Developmert and Review Committee 11-1�2001 Approved by the CRC Board i1-21-20(Il MO"ITON: "Whereas; Minnesoh Public Radio ("MPR") Plans to e�and its headqoaiteis and campus in downtown St Paul and, Whereas; Uds expansion wilt maintain 250 jobs in downiown St Paut and bring an addifionai 100 jo6s over the nea-t 15 yeais and, Whereas; tlils developme� will nnify MPR's cument building with the 480 Cedar Bldg., wluch MPR plans to acquire from the Public Housing Agenc,y ("PHA") and, Whereas; the expansion of MPR tvill tesuit in development on 4 blocks, including MPR s current headqnarters, the 480 Cedaz Bldg. the triangilat greenspace bordered by E. 7th and Cedaz Streets and future development by the PHA on lOth St between WabasLa and Saint Peter Strcets and, Whereas; CRC believes that ttris expanson will continue to bring St Paul exposure both nationally and interna8onaily as a center for me@ia innovation as well as the home of prugr�ms such as A Prairie Home Companion and St Paul Sunday, Therefore; be it resolved U�at C1tC Distrid 17 s�pports the expansion of Minnesota Public Radio's headqnazters and campus in downto�yn St. Paul; Be it fiuUier resolved; that District 17 supports MPR's pehtion to the City to vapte a portion of 9th St in order to unify their building with the 480 Cedar Bldg., as well as MPR's pefiflons for air rights above Cetlar for a future skyway connecrion; Be it finther resolved; that Dist�ict 17 urges the Ciry af St Paul Housing and Redevelopment Authority to proceed with the sale of rhe triangular grcenspaoe Yo MPR aad s�ipports the 53.3 million forgivable loan io MPR toward the acquisition and redevelopment of the 480 Cedar Bldg.; Be it further resolved; that Distric[ 17 urges the Ciry and MPR to continue discussions and make a commimient to the citizen process svith the CapitolRiver Council to resolve issues relating to pedestrian and veluculaz access, public safety, iesolve the public skyway access and the final design of the new MPR building, and reseive property tax base." MSA Return copy to: jao Real Estate Division 140 City Hall RESOLUTION e.�a5�t�f� �cil �le #� ��.a3,aaoa„ a� Green Sheet # t 1( FsKo Am:..� �- a a�nt.�.5 aoo� CITY OF SAINT PAUL, MINNESOTA Presented By Referred To -- Committee: Date �� BE IT RESOLVED, that, upon the petiuon of Minnesota Pubiic Radio (MPR), as documented in Real Estate Division File Number 2001-22, public properties hereinafter described are hereby vacated and discontinued as public property: 5 The property to be vacated (the Vacation Area) is described as follows: 6 See Attached Map & Description in Exhibit "A" 10 This vacauon shall be subject to the terms and condition of Chapter 130, codified March 1, 1981, of the 11 Saint Paul Legisiative Code as amended, and to the following conditions: 12 13 14 1. That the peutioner, its successors and assigns shall pay $500.00 as an administrative fee for this 15 vacauon which is due and payable within 60 days of the effecuve date of this resolution. 16 17 18 2. That the vacation sha11 not be effective and this resolution shall not be filed for recording with 19 the County unul the petitioner is ready to pull permits and begin said reconstrucuon. Until that 20 time, Ninth Street shall remain as it currently is and continue to be treated as a public street in ali 21 respects. 22 23 24 25 26 27 28 29 30 31 32 33 34 That a permanent utility easement shall be retained on, over, under and across the vacauon area on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the Ciry to maintain and operate any sewer in or upon said easement area and to enter upon said easement or any portion thereof at any ume and from time to time, for the purposes of future construction, reconstruction, inspection, maintenance, or repair of the same or, any part thereof. Said utility easement shall be subject to the foilowing conditions: a. No buildings, structures trees or any temporary structure, material storage> fixture, or any other objects which may prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement area provided that the faregoing does not prohibit paved surfaces. o a-1( 1 b. Improvements in or upon the above described easement that do not prohibit the City from 2 exercising its reserved rights may be allowed by obtaining written permission from the Department 3 of Public Works Sewer Division with the understanding that the restoration and costs of such 4 improvements shall be the sole responsibiliry of the petitioner, its successors and assigns in the event 5 the City exercises its reserved easement rights. � 7 c. Shouid it be necessary that the peutioner's works or improvements be removed or damaged 8 as a resuit of the Department of Public W orks operations, all removal, replacement or modification � 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 37 38 39 40 41 42 3. 43 44 45 46 47 48 costs shall be bome solely by the petitioner. d. No change from the existing grade within the easement area shall be permitted without written permission from the Deparmient of Public Works Sewer Division. e. No change in surfacing within the easement area shall be permitted without written permission from the Department of Public Works Sewer Division. f. The peutioner, its successors and assigns sha11 fully indemnify, defend, and save hatmless the City of Saint Paul, its officers, agents empioyees, and servants from all suits, actions, or clauns which sha11 arise from any injuries or damages received or sustained by any break in any service pipe or connecuon in said reserved easement arising out of or resulting from any action or negligence of the peuuoner, its employees, agents, or business invitees. That a turn-around for the remaining portion of Ninth Street sufficient for the traffic needs of the abutting property owners shall be constructed to the satisfacuon of the Department of Pubiic Works. That the petiuoner shall be responsible for all abandonment and/or reconstruction of utilities within Ninth Street; reconstruction of Ninth Sueet and the intersections of Ninth with Cedaz and Ninth with Minnesota; removal or piacement of sueet lights and signs, all of which are necessary due to this vacauon, and a11 to be accompiished to the sausfaction of the Depazlment of Public Works. That after this vacarion becomes effecuve, the petitioner, and/or its successors and assigns, shall be responsible for snow removal, salung and sanding the remaining portion of Ninth Street (not including the sidewalks adjacent thereto) between Cedar and Minnesota Streets for as long as such remaining portion is used as a public street. The petitioner shall hire its own maintenance contractor to the extent petitioner deems necessary. The petitioner, and/or its issigns shall be responsible for any and all costs associated with snow removal ig and sanding as required_herein. T a e penuoner s mee wT i�i�ie a�tting property owners over the next year and work with them to obtain a valid petition for vacating the remaining portion of Ninth sueet between Cedar and Minnesota Streets, provided said property owners can come to a consensus. That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the Board of Water Commissioners of the City of Saint Paul to reserve the right of the Boazd to maintain and operate any water facility in or upon said easement and to enter upon said easement, or any portion thereof, at any time and from ume to ume, for the purposes of future construction, reconstruction, inspection, maintenance or repair of the same or any pert thereof. Said utility easement shall be subject to the following conditions: oa.�� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4. 30 31 32 33 5. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 . 51 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or other or any objects which may prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area. b. Improvements in or upon the above described easement that do not prohibit the Board from exercising its reserved rights may be allowed by obtaining written permission from Saint Paul Regional Water Services with the understanding that the restoration and costs of such improvements shall be the sole responsibility of petitioner, its successors and assigns in the event the Boazd exercises its reserved easement rights_ c. Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of the Saint Paul Regional Water Services operauons, all removal, replacement or modificauon costs shall be borne solely by the peuuoner. � e. No change from the e�cisung grade within the easement azea shall be permitted without written permission from the Saint Paul Regional Water Services. No change in surfacing within the easement azea shall be permitted without written permission from the Saint Paul Regional Water Services. f. The petitioner, its successors and assigns shall fully indemnify, defend and save harmless the Board of W ater Commissioners or the City of Saint Paul, its officers, agents, employees, and servants from all suits, action or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or resulting from any action or negligence of the peutioner, its employees agents or business invitees. That a permanent utility easement sha11 be retained within the vacated azea to protect the interest of Qwest Communications, Inc. That the following conditions be followed as stated by St. Paul Fire & Safety: a. Petitioner will reinforce and upgrade the structure of MPR Drive (the alley immediately east of the e�sung MPR building) to handle emergency vehicle weights. The existing structure has been reviewed and can be reinforced to meet loading requirements to provide safe access to Seventh Sueet. b. The specified 12-foot width and required turning radius for City emergency vehicles will be maintained on MPR Drive to provide safe access to Seventh Street. c. A fire hydrant will be provided at the end of Ninth Street on the cul-de-sac created by the sueet closure. MPR will work with Public Works and the Water Department to assure the relocated water main provides appropriate water pressures to Ninth Sueet. d. Petitioner will have all utility relocation work is completed prior to the ciosure of Ninth Street at Cedar Street and have emergency vehicle access during the relocation work. Qa-��, 1 6. 2 3 4 7. 0 8 9 10 8 • 11 12 8- 9. 13 14 15 16 17 18 19 20 That a permanent utility easement shall be retained within the vacated area to protect the interest of A.T. & T. Broadband, Inc. That a permanent utility easement shall be retained on, over, under and across the vacated area to protect the interest of District Energy of Saint Paul. Compensation for and full relocation costs to be paid will be incurred by the petitioner, this includes routing small bore pipe from Cedaz Street to Minnesota Street on Ninth Street and inciuding service to the e�sting MPR building. The relocation of any faciliues must be coordinated to minimize system downtime because of service disruptions to other customers. in a collaborative review and evaluation a e pe oner i successors an assigns agrees to indemnify, defend and save harmless the City of Saint Paul, its officers and employees from ail suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persons or property on account of this vacauon or petiuoners' use of this property, inciuding but not limited to, a claim brought because of any act of omission, neglect, or misconduct of said petitioners or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by the petiuoners or any of its agents or employees. 21 -9.- 10 . That the vacauon resolution shall not be filed and recorded with Ramsey County until two yeazs 22 from the date of the Council resoluuon and the petiuoner has received permits, whichever occurs 23 24 25 26 27 28 29 30 31 32 first. Until such time, Ninth Street shall remain a public right-of-way. That if the petiuoner fails to commence construction within three years of the date of the Council Resoluuon, the vacated property sha11 revert back to the City as a public right-of-way. -}g-11. �at the petiuoners, its successors and assigns shall, within 60 days of the effective date of this resolution, file with the Ciry Clerk an acceptance in wriUng of the conditions of this resolution and shali, within the period(s) specifaed in the terms and conditions of this resoluuon, comply in all respects with these terms and conditions. Requested by Department of: Technoloev & Manaeement Services I� Adopted by Adoption C By: '�� Approved By: �� - - � - � --�r � u � r! • -� c `,� • � �i� ��r� ii ��/ �. � .�. " _+�. : �_ � �=i� � � �. • _ by Mayor for Submission to Council . �� / / � .�� 2 � ~ e �ti - > � � 6 ,'� .� ti � � �..i �.. �,.-'16 � \�d \ oe� _ �°� s o < „ � , �. ry� . 5 � ,�, � � �' � b � o � J 9 � � �y ~ - '�� \ . \ y a v `/ � � O a�$ S d a. 3 'S � 5 o � y F _ �( tl � � r y CQ _ _' � - Y � / \ o � S. $yo .. � � �s, Y � � � V \ �� _��'° .�A 3g �m �� ¢�b� � o � �<� ��' o -: _M � - � � _ �� _ __ _ _ _ . � � E � ! `P3 U $ m `— v Y.i . �2 `. Q �� ' _ L� '� � 3 ° �' � � ,, a � �5 .y ° F _ ' +�a ��„o x m$ a. \ . . __ � o o .. �z � � °�� d � y - �,�,� - .�0.'t rv � :° c sa�o M ��o� vi°: m°' �'�o� 6 ; Z�'yF ^ 0 2 ^ - . ;, o ¢i 3 a :16ry 0 ..,� , r j E r � . - , � �� . ',C�p - �+� F��5� �_ O '�o � ap � : � d'� : pp � � � �< C7 �.� Fe ` . � 1 : ; ��,� G �pP�� `�� - �✓ �68 � Pv � J ��\ \ � \ % �° 9 � �v ^ ,n ��. � �' \ rOe o s t� �� v 1`� M � � g �� F s � \ 'd?, �_. / 8 � � C � � H "�a5 . �� 1^ ey_ �� ,�h� � � �` �^ \ d Q v \ ti � Council Date: January 23, 2002 a�--�4� � T.M.S./REAL ESTATE DIVLSION Date: Gree Sheet Number: 111880 .t FPARRI.FITDINECLOR 4 afVCOUYCIL ntact Person and P6one Nomber: I no � . � 5 a � R � J �1'd11Q[fIZ 266-8864 4TGElD�REGTOR 1�.&NGl.5VCO1R 3 YORryRA415lAATI 6 RP�LFSf.�'IEDIVI510\R00>IUOCH ust be on Council Consent A enda b: OTAL # OF SIGNATURE PAGES / (CLIP ALL LOCATIOVS FOR SIGNATURE) C1TON REQUESTED: Petition to vacate Ninth Street from Cedar to approx.108.80 feet east TMS File #2001-22 ECOMM1ILVpAiIO.t'S: APPROVE�A)OR REIECT (R) ERSONAI, SERVICE CONTRACl'S MUST ANS WER TIIE FOLLOWING: PWNYING CONNISSIOY � sreer 1. Haz the persodErm ever worked under a contract for this department? YES NO an�sexncemnnnss�on . Has this persodfirm ever been a City employee? YES NO c�e commrrree . Does this persodtirm possess a sldll not normaliy possessed by any lain all YES answers on a se arate sheet and attach. UPPORTS WffiCH COUNCII. OBJECTIVE? " COUNCIL WARD(S) 7, DISTRICT PLANNING COUNCII. �^f NITIATING PROBLEM, ISSUE, OPPORTiJNITl (Who, What, When, Where, Why?): The Minnesota Public Radio (MPR) has petitioned the vacation of a portion of Ninth Street to re-develop heir facility by building a structure over the vacated area. VANTAGES IF APPROVED: � Property can be developed as proposed. ISADVANTAGESIFAPPROVED: �. � - � �� This will mean the closure of Ninth street at that intersection.. � �"� ��,'�t� �'°. � � ISAAVANTAGESIFNOTAPPROVED: �' �.Pt,f, �"�� S' I' '� �� `° Plans for the MPR redevelopment will have to revised, "�� . OTAL AMOIIDIT OF TRANSACTION: $SOO WST/REVEWE BUDGETED (CIRCLE O�'E)i. � YES NO � UNDING SOURCE: ACTIVITY NIJMBER: 001-01300-2833 INANC7AL Ni FOILIIATION: (EXPLAII� The amount is a transaction fee for administrative services. Coix� Research Csnter JAN 11 2002 .._ . _.�_ .. . _ . � 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 3. 43 44 45 46 47 48 b. Improvements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Department of Public Works Sewer Division with the understanding that the restoration and costs of such improvemenu shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. � fl c Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of the Deparmlent of Public Works operations, all removal, replacement or modificauon cosu shall be bome solely by the petitioner. d. No change from the existing grade within the easement area shall be permitted without written permission from the Department of Public Works Sewer Division. e. No change in surfacing within the easement azea shall be permitted without written permission from the Department of Public Works Sewer Division. f. The petitioner, its successors and assigns shall fully indemnify, defend, and save harmless the Ciry of 5aint Paul, its officers, agents, employees, and servants from all suits, acuons, or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the petiuoner, its employees agents, or business invitees. That a turn-around for the remaining portion of Ninth Street sufficient for the traffic needs of the abutting property owners shall be constructed to the sausfacuon of the Department of Public Works. That the petitioner shall be responsibie for all abandonment and/or reconstruction of utilities within Ninth Street; reconstruction of Ninih Street and the intersecuons of Ninth with Cedar and Ninth with Minnesota; removal or placement of street lights and signs, all of which are necessary due to this vacation, and all to be accomplished to the sausfaction of the Department of Public Works. � �� That after this vacation becomes ffective, the petitioner, and/or its successors and , assigns, shall be responsible for now removal, salting and sanding the remaining por[ion of Ninth Street (not including the sidewalks adjacent thereto) between Cedar and Minnesota Sueets OL-7' r /y� J�� ,� d-at �� for as long as such remumng portion is used as a public street. The petiuoner shall hir ' maintenance contractor to the extent p�ti ioner eems necessary. �K �� `� �- �fGY ��*-G� .,�o�w"5 � � Cp"IJ �r�.FLC��...o�ndy+r.ik�t.�,saP,/; � �.yu�.cc(�v,:, cr That the petitioner shall meet with the abutting proper[y owners over the next year and work with them to obtain a valid peution for vacating the remaining portion of Ninth street between Cedar and Minnesota Streets, provided said property owners can come to a consensus. That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the Boazd of Water Commissioners of the City of Saint Paul to reserve the right of the Board to maintain and operate any water facility in or upon said easement and to enter upon said easement, or any portion thereof, at any Ume and from 6me to time, for the purposes of future construcrion, reconstruction, inspecuon, maintenance or repair of the same or any pert thereof. Said utility easement shall be subject to the following conditions: oZ-76 Eleni kevas - MPRVACAMEND.wpd � ' Page 1?t p ,_,.___ _ ,� ♦ � � � I� � MPR STREET VACATION RESOLUTION ��a51°?' 8. That the Peritioner shall activelv particioate with the Saint Paul on the Mississipui Design Center in a collaborarive review and evaluation of all nlans for improvements to be constructed in the vacated azea d�-�� MINNESOTA PUBLIC RADIO PETITION TO TAKE OVER NINTH STREET PUBLIC HEARING JANUARY 23, 2002 SUBMISSION BY BRYAN HANNAFORD, OWNER OF CITY WALK LTNIT 2409 (651-291-0183) I moved anto my City Walk condominium in November 1982 just after it was completed neazly twenty years ago. VJe used a large moving van that had no chance of rixming around within 9th Street. Many times an 18 wheeler arrives for an interstate move or simply a delivery. Can you imagine them all backing across busy Minnesota Street to continue journeys. We have one street access to 228 condominium homes at City Walk on 9th Street (excluding the aazage). After l drop somebody off at this front door I would take Cedar (a one way street going south) and 7th, or is it 8th (a two way street) and then enter the garage. If the west end of 9th Street was blocked off, in order for me to perfornn this simple task I would need to drive east across Mimiesota, another block up to Robert, head south and pick up 7th (or is it 8th) and then drive two blocks to my garage entrance. This is a major inconvenience to myself and approximately 300 other residents. In the wanner months we like to walk outside and mostiy head west on 9th, go across Cedaz and the small park to Wabasha and then down to the river. A simple but very important joy for those of us who are downtown residents. And 300+ of them live on this street that Minnesota Public Radio wants to block off. My greatest concern howevez is a MAJOR SAFETY ISSUE. Living in a 27 story high rise condominium complex, safety, rapid egress of residents in case of emergency and the accessibility of street space for fire and rescue vehicles are critically important. It is not unusual to see 7 or 8 fire and police vehicles arrive for an emergency situation and requiring the full street to park and maneuver. With one end of the street blocked off can you imagine the chaoric picture of fire and emergency vehicles riying to do their j ob. Simultaneously the rapid evacua6on and dispersment of residents in such an emergency would be compromised if half the 9th Street egress is blocked off. We have a problem. A big safety problem. If there is some compelling need for Mimiesota Public Radio to have connectivity across the street could they not do as others do - install a tunnel or skyway! If space is the problem, other choices include building up or building down or maybe acquiring existing space elsewhere. Downtown St Paul is known for its two outstanding features - L Its world renowned skyway system. 2. Its chaotic street system. Please don't add further chaos to our street system by blocking offpart of 9th Street when there is an opportuuity to include Minuesota Public Radio as the newest member of our skyway system, by connecting it across 9th Street and to City Walk. I object in the strongest possible way to this proposal by Minuesota Public Radio. Return copy to: jao �-: � t .-. E; Real Estate Division �! ` : :� ; � ��y � 140 City Hall RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By `��' " � ��1�,�� \ C/Y1J`?l`"` �/L� Referred To CouncilFile# O�.-�Co Green Sheet # 1\�$ SO 3g Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 BE IT RESOLVED, that, upon the petition of Minnesota Public Radio�, as documented in Real Estate Division File Number 2001-22, public properties hereinafter descnbe are hereby vacated and discontinued as public property: The properiy to be vacated is described as follows: See Attached Map & Description in E,�rrhibit "A" This vacation shall be subject to the terms and condition p�Chapter 130, codified March 1, 1981, ofthe Saint Paul Legislative Code as amended, and to the foll�wing conditions: L That the petitioner's, their successors and,�ssigns shall pay $500.00 as an administrative fee for this vacation which is due and payable y�ithin 60 days of the effective date of this resolution. 2. That the vacation resolution shall ot be filed for recording with the County untii a site plan for the reconstruction of Ninth Stre between Cedar and Minnesota Streets has been approved by the Deparhnent of Public Wor s and the peritioner is ready to pull permits and begin said reconstruction. Until that ti e, Ninth Street shall remain as it currently is and continue to be treated as a public street i 11 respects. That a permanent utili easement shall be retained on, over, under and across the vacated area on behalf of the City of aint Paul, Department of Public Works to reserve the right of the City to maintain and opera any sewer in or upon said easement and to enter upon said easement or any portion thereof any time and from rime to time, for the purposes of future consiruction, reconstruction, � spection, maintenance, or repair of the same or, any part thereof. Said utility easement sha be subject to the following conditions: a. �uildings, structures, trees or any temporary shucture, material starage, fixture, or any other ob' ects which may prohibit normal access to utility facilities for maintenance purposes will be permi ed wrthin the easement area. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 b. Ixnprovements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be aliowed by obtaining written permission from the Departrnent ,� of Public Works Sewer Division with the understanding that the restoration and costs of suchda'� unprovements shall be the sole responsibility ofthe petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. Shouid it be necessary that the petitioner's works or improvements be removed or as a result of the Deparlment of Public Works operations, all removal, replacement or mo� costs shall be borne solely by the petitioner. d. No change from the existing grade within the easement azea shall be written pernussion from the Department of Public Works Sewer Division. � e. No change in surfacing within the easement azea sha11 be pertnission from the Department of Pubiic Works Sewer Division. / without without written f. The petitioner, its successors and assigns shall fully ind �fy, defend, and save harmless the City of Saint Paul, its officers, agents, employees, and se ts from all suits, actions, or claims which shall arise from anyinjuries or damages received ar s tainedby anybreak in any servicepipe or connection in said reserved easement arising out of or suiting from any action or negligence of the petitioner, its employees, agents, or business invite . That a turn-around for the remaining portion of Ni�fth Street sufficient for the traffic needs of the abutting property owners shall be conshucted to th�satisfaction ofthe Deparhnent ofPublic Works. That the petitioner shall be responsible for all andonment and/or reconstruction ofutilities within Ninth Street; reconshuction ofl3inth Street the intersections ofNinth with Cedar andNinth with Minnesota; removal ar placement of stree ights and signs, all of which are necessary due to this vacation, and all to be accomplished to t satisfaction of the Deparhnent of Public Works. That the petitioner, and{ar their s cessors and assigns, shall be responsible for the winter maintenance of the remaining porti n of Ninth Street between Cedar and Minnesota Streets. The petitioner shall come up with thei own maintenance contractor. That the petitioner shall them to obtain a valid pe and Minnesota Streets, p �Gvith the abutting properiy owners over the next year and work with for vacating of the remaining portion of Ninth street between Cedar �d said property owners can come to a consensus. 3. That a permanent ility easement shall be retained on, over, under and across the vacated azea on behalf of the Bo d of Water Commissioners of the City of Saint Paul to reserve the right of the Board to maint m and operate any water facility in or upon said easement and to enter upon said easement, or y portion thereof, at any time and from time to time, for the purposes of future constructio , reconshuction, inspection, maintenance orrepair ofthe same or any pert thereof. Said urility e ment shall be subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 a. No buildings, structures, trees or any temporary structure, material storage, fixture, or other or anyobjects whichmayprohibit normal access to water facilities formaintenancepurposes will be pernutted within the easement area. z b. Improvements in or upon the above described easement that do not prohibit the Board from exercising its reserved rights may be allowed by obtainuig written pernrission from Saint Paul Regional Water Services with the understanding that the restoration and c sts of such improvements shall be the sole responsibility ofpetitioner, its successors an assigns in the event the Boazd exercises its reserved easement rights. � c. d. e. Should it be necessary that the petitioner's works or ixnprovement e removed or damaged as a result of the Saint Paul Regional Water Services operatio , all removal, replacement or modification costs shall be borne solely by the petitioner. No change from the existing grade within the easeme azea shall be permitted without written permission from the Saint Paul Regional Wat Services. No change in surfacing within the easement�ea shall be permitted without written permission from the Saint Paul Regional Water ervices. f. The petirioner, its successors and assigns the Boazd of Water Coxnmissioners or the � and servants from all suits, action or clai received or sustained by any break in } reserved easement, arising out of or re ulti its employees, agents or business i�tees IY�11 fully indemnify, defend and save harmless �ty of Saint Paul, its officers, agents, employees, > which shall arise from any injuries or damages service pipe, water main, or connection in said g from any action or negligence ofthe petitioner, 4. That a permanent utility easement s 11 be retained witlun the vacated area to protect the interest of Qwest Communications, Inc. 5. That the following condition e followed as stated by St. Paul Fire & Safety: a. Petitioner will rei orce and upgrade the structure ofMPR Drive (the alley immediately east of the existing M R building) to handle emergency vekucle weights. The existing structure has been review d and can be reinforced to meet loading requirements to provide safe access to Seventh S eet. b. The spec' ed 12-foot width and required turning radius for City emergency vehicles will be maintai ed on MPR Drive to provide safe access to Seventh Street. c. A fi e hydrant will be provided at the end of Ninth Street on the cul-de-sac created by the s et closure. MPR will work with Public Works and the Water Department to assure the located water main provides appropriate water pressures to Ninth Street. d.� Petitioner will have all utility relocation work is completed prior to the closure of Ninth Street at Cedar Sh and have emergency vehicle access during the relocation work. 1 6. 2 That a permanent utility easement shall be retained within the vacated area to protect the interest of A.T. & T. Broadband, Inc. 01-'�° 4 5 7. That a permanent utility easement shall be retained on, over, under and across the vacated area to 6 protect the interest of District Energy of Saint Paui. Compensation for and full relocarion costs to 7 be paid will be incurred by the petitioner, this includes routing small bore pipe from Cedaz treet to 8 Minnesota Street on Ninth Street and including service to the exisfing MPR building. Th elocation 9 of any facilities must be coordinated to min;m;ze system downtime because of servi disruptions 10 to other customers. 11 12 13 8. That the petitioners, their successors and assigns agree to indemnify, defe d and save harmless the 14 City of Saint Paul, its officers and employees from all suits, actions claims of any character 15 brought as a result of injuries or damages received or sustained by an person, persons or properiy 16 on account of this vacation or petitioners' use of this properiy, inclu mg but not limited to, a claun 17 brought because of any act of omission, neglect, ar misconduct of �d petitioners or because of any 18 ciaims or liability arising from any violation of any law or regul ion made in accordance with the 19 law, whether by the petitioners or any of their agents or emplo ees. 20 21 22 9. 23 24 25 26 27 28 29 30 That the vacation resolution shall not be filed and recor ed with Ramsey County until two years from the date of the Council resolution or until a site an for the reconstruction of Ninth Street beriveen Cedar and Minnesota is approved by the Dep ent ofPublic Works and the petitioner has received permits, whichever occurs first. Until s ch time, Ninth Street shall remain a public right-of-way. That if the petitioner fails to commence cons ction within three years of the date of the Council Resolution, the vacated property shall revert ack to the City as a public right-of-way. 31 32 10. That the petirioners, their successors assigns shall, within 60 days of the effective date of this 33 resolution, file with the City Clerk an cceptance in writing of the conditions of this resolurion and 34 shall, within the period(s) specified n the terms and conditions of this resolution, comply in all 35 respects with these terms and con tions. Requested by Department of: Technoloev & Manaeement Services Adopted by ( Adoption Ce� By: Approved by By: � Council Secretary Date By: �.,2.� ��/.G�L-� Director Form Approved by City Attozney 61.1to Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members � �, 'T „„. r; � � - . From: Peter White � `^' 6�1� Right of Way Engineer 140 City Hall Date: �� December 7, 2001 c �� - a� �5��#�7.'��'��.t��'�,`,3�.e�z3�.�,� f �:'��o-�. ' �.: v . �,..w: _ . ............n..� .._.. .. , .,..�, _ .' �.. ._m �wa' �r� ._. _.. . a _..::,�'.,�: 6 e�awa I recommend a public hearing befare the City Council be heid on�� The purpose of this vacation is to release City interest in Ninth Street between Cedaz and approximately 109 feet easterly of Cedar as part of Minnesota Public Radio's re-development of their facilities. This property is located in City Council District �, Planning District ;��7� cc: Shari Moore, City Clerk's O�ce (for publication) Meghan Riley, City Attorney's Office (200122hr.date) ST. PAUL CITY COUNCIL PUBLIC HEARING NOTICE 0�-•�y STREET/ALLEY VACATION City Councii Ward # 2 Planning District # 17 File No. 2001-22 PURPOSE PETITIONER HEARING Vacate Ninth Street from Cedar to 108.80 feet east. Minnesota Public Radio The Council will conduct a public hearing on this vacation on Wednesday, _Januar,�23, 2002 in the Council Chambers on the Third Floor of City Hall. Public Hearings begin at 5:30 P.M. QUESTIONS Ca11266-8850 and refer to the file number above. City staff will be available unti14:30 in Room 140 City Hall to answer any last-minute questions on this project. MAP � aw� � \ >� �9. � � � Notices sent: January 2, 2002 by Real Estate Division Dept. of Technology and Management Services Room 140 City Hall - Court House Saint Paul, Minnesota 55102 G� � 3 (557) �n .�� 6� �s��°^� 67 �sz�� ,�., is� �� 7 �,�� (GOtxA) 6 [$ �� 'l � 2,� F o�, � y 0 mdTVaB,Reg"ae dland5�iu' 1Na tLemrthwett mmaotadBlock 13 ro NewuNUenwmeroCaaTrxtE analyingzou@xcttulY of�'°°s�1Y weofsvarrectspmlouB�m�NU��ertyroNevoMUlri eafaaB�ack 13 oa--''� NOTICE OF PUBLIC HEARING Notice is hereby given that the petition of Minnesota Public Radio, for the vacation of that part of 9th Street as more fu11y described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court FIouse on the 23rd day of January, 2002 at 5:30 P.M. Dated December 10, 2001 Shari Moore Deputy City Clerk .�q.. �`.-. �G�,..a� v?^;•?-... _ .. - n.AF ' :. (December 13, 2001) �V-07-2001 16�24 s � Fteply to Vacation lnquiry File #2001-22 To: Juan A. Ortiz City a2' Sk Paul / Beal Fstate bivision Pbo�� 266-8850 F:�a 266-8855 0 P.02iO3 From: � O Z��. K BLOMQUIST 612.330.6590 (f 612_330. We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q We will approve Ihis va�ation, subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q �`"��^- :' � . ,_ >�: =", � i ; �� U; ��Jiv , 7 November 13, 2001 Signed Kathleen A' Blomqu�st Date Sr Real Estate Representative NOV-09-2001 13�12 STP PRRKS 8 RECREATION 612 292 74a5 P.01i01 O Z-'? 6 , � � o( Paqea � ` rQ: Juan A. Ortiz From: Rep[y to Vacation Inquiry �- � L�� File#2001-22 �:... ,.o.r.�� ..t��,..:�,..., �._--- ��__...� Yh�ne (f 2t�6-8t3`�Q �� ;� ; ?66-88�5 F°x We have no objections to this vacation . . . . . . . . . . . �� We will approve this vacation, subject to the following � �or the following reasons, we cannot approve this vacation- ❑ l � /�y1pi TTT TOTAL P.01 NOV-08-2001 18�44 PED 14TH FLOOR 6512283220 P.01iO4 :.�.. �'�'��..._�.�...... - - .:�__ a z-?6 ro: Juan A_ Ortiz Reply to Vacation Inquiry Fite #200i-22 We have no obJections to this vacatio� Phone # Fsx 7! � a ot aagas 7 From:�� We will approve tfiis vacation, subject to the fopowing conditions; For the following reasons, we cannot approve this vacation: — 32zv � Page 1 0# 1 Paul Dubruiel - Response Form for ROW Vacation 2001-22 From: Juan Ortiz To: Beach, Tom; Dubruiel, Paul; Murphy, Linda; 7schida, Biil; Wirka, John Date: 11/8/2001 8:11 AM Subject: Response Form for ROW Vacation 2001-22 Just �n case you dfddt get a response form tm Me peuuon mvapte 9M Sereet, a capy I; attecnea. Yow �mmedlak attentbn k apDreckced. Tha�s. ._� _' .�' '_�, . � '.,..., � �..` . _..°�,t . " . `^. �' .. Signed � lN Date �/— ��Q l . � NOU-07-2001 16�27 Reply to Vacation Inquiry File #2001-22 20: Juan A. Ortiz City of St Peul / Re Phone # �� 1 From: �, ct t2RPr-�c/Ac��oE� 266-8855 I F� # P.02iO3 � O L_ZG We have no objeciions to this vaca[ion . . . . . . . . . . . . . . . . • • • - • • - - . . . . . . . . . . . . . . . . . . [�' We will agprove this vacation, subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . ❑ il-2I v / Date 11/13/O1 TUE 14:35 FA% S30 6590 � �W07-2a01 l6�24 ' I Reply to Vacation Inquiry File #2001-2� NSP DEL SYS CONST To: �112II A. �tC1Z rt�� 265-8850 F:�� 266-8855 P. From:xeEL - £c�ax,�c K BLOM4(7IST 612.330_6590 (€) b12.330. 612.330. _@loos � OZ�ZG We have no objections to this vacation . . . . . . . . . . . . . . . . • • - • - - . . . . . . . . . . • • • - - -Q We will appmve thu vacation, subject to the foIlowing conditioas : . . . . . . . . . . . . . . . . . . . . ❑ Far the following reasons, we cannot appiove this vacation: ...... -•-•••---•-------.. Signed ICathleen A� Blomqu�st Date Sr Real Estate Representative November 13, 2001 NOV-20-2001 18�23 � O Z•'7 �o r Reply fo Vacation inquiry File #2001-22 651 293 6868 P.01/01 ro: Juan A. Ortiz From: G,G't�it� Phones 2(�-$$50 � Pho�x#�_tJ �Cl�O� �� 255-asss � F�� 2q3 le� Co4 We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ We will approve this vacation, subject to the followin� conditions : . . . . . . . . . . . . . . . . . . . . � For the following reasons we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q� NtNrt6E �✓Tt��" E� ,� M,Li Jot� �1S.�C -wE�� '� - �`'��.�� etP� !M �Wrirta,c.I s��,.►T �.tt� A�.�b a•��Y ��NK 'tv 'It�� t��tt� �Pt�+c1T u2�a�1 vtc.c.a�, �.fitD �,�F� 1�MRit� �'t.� 1t' v�%t�l�C� 1�N C� ��c�a.c� t�tov�t��k ��.oS��C�� o� NcNrtc-� sc��'r t� t�co ��tsT�ti(�' �rv� r�� t�l� pt?�tik�� T�� ` �9/NT �G A'U T�/E 1i'/5:5f 5`�l�/ �vEGt3i�'- 1 �'l�?'��.9I'� ��,' , - pcyit� .<� �L� ��.. '�xn�l��rc«1'S 1�t�1h�T�A �fR��2tP , ��.�C� �'�-t�� .x.�_`` ,��4 ��,,� �� R ��r , �,U� ?�Mc�/�`� �� (,if�liG��.� '�"Ct�r� j� �'�l� t�,i2o �Ntt� p� �-4�� fA�l�h1 i�tt,��4� 'C� �'1�� S�t �p �t�. ��b��, �,.,�,�t'�.c�� t� �f��.'� ��l �=�� . ... .. l ! 20� b� Date TOTAL P.01 oL-16 '= V = '^ o T V o �+ V � m � � L n a � O � CJ m Q = � _ '��.p`G Q � o � � � pt Z 2 N � � r 3 � � � � A? p � � � � d � 1D = 91 _v - O T�n� �� y � ri o o � � D � z ✓� � O V " � V �" `J � � c r ; N m o> n C: u� S G C �G w tD c L. N 7 �x? c y � C �N s� y s r o -O�T`� �� 'Ci ;= Q A' � � � � � ^ _ Z ID 4: {f: :J 0 � v y O 0 n 0 _' � 0 0 n v U o` � � II�7 a � s ro .. � � .. K � � � � � � a � �' v 3 N � v' O � '� � � O � ry 3 � � O W 1 N � � O �77 a < � � � � � N a 0 � N o �?.4 ♦ Reply to Vacation Inquiry File #2001-22 ro: Juan A. Ortiz City of St Paul / Real Fstate Division Phonek 266-8850 F�# 266-8855 I # of Pagu 1 From: �Ccc. -�S We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We will approve this vacation, subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ��' �-�� C� �t�� i�. � ' Y-, �� . �, d oeS ;-,e ��V� �� -�., � s��,.� �,� � . b '� //- 9 �- Date �cC�dV ' ; E> t � , � �:-. �=�'�� €S�AtE D fVf;t�; �; Zcc� i 6Z-26 12/27/O1 THU 10:46 FA% 651 221 0�5� nEC-2�-zeoi ia=ez Reply to Vaca#ion Inquiry File #2001-22 DISTRICT ENERGY ST. PAUL 20: Juan A. Ottiz �� x F`rom: 266-8855 p� oos �arr�� 1 ` V OZ W'e have no objecpons to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ We will approve this vacation, subject to the following conditlons : . . . . . . . . . . . . . . . . . . . . � For the fotlowing reasons, we cannot approve this vacation: . . • . . . . . . . . . . . . . . . . . . . . . . Q COMPENSATION FOR AND FULL RELOCATI�N COSTS PAID ANO EASEMENT ACCOMODATION FOR ROUTING SMALL BORE PIPE FROM CEDAR STREET TO MINNESOTA..STREET ON 9TN STREET, IfVCLUDING SERVICE TO EXISTIN6 MPR BUILDING. (THIS RELOCATION MUS7 BE C06RDINATED TO MINIMIZE SYSTEM DOWNTIME FOR THIS LINE, BECAUSE IT SERUICES OTHER CUSTOMERS) Q�TR�T ��4y�� p., � �nc.. - •b•�-- 1z•Z�•I Aate 1t- 8-01; 3:O1PM:V 5 WEST IYllv YJI y0•1J ro: Juan A. Reply to Vacatior� lnqairy Fiie #200i-22 ;65 »30�385 Ao£Pa From: Q tste Dlvl�oa 266-8850 r�# 266-8855 �"� 3t 3 / 4 r.ne�n� � oZ.1F �� Fr�x� We bave no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � We wilt approve this vacstion, subject to the following conditions : . . . . . . . . . . . . . . . . . . .� For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q (�wEST M��57 R��.IN �XISTi%J� FAct�r T�c-S f� 7a!/5 f{-2�A, CuRR�N7Ly� �kEf}RE CoQ�e� e - Fi�E-2 ��tBceS uNbE)Z �l �� 5iX'E�°'�/ � Mhnl F}o�E - tn R�t,� rv 1 I�LIGi STRLtGTZ(/LL . Signed tr �g /or Date , . � . � Reply to Vacation Inquiry File #2001-22 ro: Juan A. Ortiz csTy ur PLone # Fax # I # of Pagu 1 From: �.�� 266-8850 Phone � 266-8855 F�� We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q We will approve this vacation, subject to the following conditions : . . . . . . . . . . . . . . . . . . . � For the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . � �`� ��e'��p�•� l�\��,`�wo� � ��CS �.X��rv.�� J�C�+�.� �\n S�%�,.� �2..� � �j'C.L�,\�- �- Signed , `\\r\5-�� Date 02-?� o Z- �6 Memorandum Engineering Division Our Mission: We ezisi to provide reliab[e, quality water and services to customers for residential, commercial, industrial and,fire protection purposes at a reasonab[e cost. TO: Juan A. Ortiz Real Estate Technician� FROM: William L. Tschida Unit Supervisor - Engineering DATE: December 18, 2001 SUBJECT: Finance Department File Number 2001-22 MPR Saint Paul Regional Water Services (SPRWS) has a 6-inch public water main in Ninth St. which supplies water to a fire hydrant, domestic and fire supply service to 77 East Ninth St. and which contributes to the circulation of the water distribution system. Water flow tests in the area indicate abandoning that main would have an adverse affect on residual water flows available for the water services at 77 East Ninth Street. Consequently, alternate water mains, water seroices and a fire hydrant must be constructed to provide adequate water supply. SPRWS approves the above street vacation request, subject to the following requirements: That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the Board of Water Commissioners of the City of Saint Paul to reserve the right of the Board to maintain and operate any water facility in or upon said easement and to enter upon said easement, or any portion thereof, at any time and from time to time, for the purposes of future construction, reconstruction, inspection, maintenance or repair of the same, or any part thereo£ Said utility easement shall be subj ect to the following conditions: a. No buildings, structures, trees or any temporary structure, material starage, fixture, or any other objects which may prohibit normal access to water facilities for maintenance purposes will be permitted within the easement area. b. Improvements in or upon the above described easement that do not prohibit the Board from exercising its reserved rights may be allowed by obtaining written permission from Saint Paul Regional Water Services with the understanding that the restoration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the Board exercises its reserved easement rights. � 02-'t L Juan A. Ortiz December 18, 2001 page 2 c. Should it be necessary that the petitioner's works or improvements be removed ar damaged as a result of Saint Paul Regional Water Services operations, all removal, replacement or modification costs shall be borne solely by the petitioner. d. No change from the existing grade within the easement azea shall be permitted without written permission from Saint Paul Regional Water Services. e. No change in surfacing within the easement area shall be permitted without written permission from Saint Paul Regional Water Services. £ The petitioner, its successors and assigns shall fully indemnify, defend, and save harmless the Board of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe, water main, or connection in said reserved easement, arising out of or resulting from any action or negligence of the petitioner, its employees, agents or, business invitees. 3. That new water facilities, including mains, fixe hydrant and domestic and fire service to 77 East Ninth Street shall be constructed so as to provide sufficient water flow for fire protection, as determined by Saint Paul Fire Department. In the event that such water facility construction does not provide sufficient water flow for fire protection, as determined by Saint Paul Fire Department, additional or replacement water facilities shall be constructed in order to accomplish such provision. All plans shall be subject to Saint Paul Regional Water Services approval. 4. That the petitioner shall be responsible for all costs associated with said water facility construction and reconstruction, including but not limited to design, construction and inspection. 5. That the vacation resolution shall not be filed for recording with Ramsey County until a site plan showing the reconstruction of water facilities in Ninth Street between Cedar and Minnesota Streets has been approved by Saint Paul Regional Water Services and the petitioner is ready to begin said reconstruction. WLT/jml copy: Linda Murphy � 2 -�7 G To: 7uan Ortiz St. Paul Real Estate 140 City Aall From: Linda Murphy St. Paul Public Works 800 City Hall Annex Re: Vacation of part of 9`� Street between Cedar and Minnesota Date: December 14, 2001 The Department has completed a review of the above referenced vacation proposal and has agreed to their proposal subject to the following requirements: 1. That the vacation resolution shall not be filed for recording with the County until a site plan for the reconstruction of Ninth Street between Cedar and Minnesota Streets has been approved by the Department of Public Works and the petitioner is ready to pull permits and begin said reconstruction. Unul that time, Ninth Street shall remain as it currently is and continue to be treated as a public street in all respects. 2. That a permanent utility easement shall be retained on, over, under and across the vacated area on behalf of the City of Saint Paul, Department of Public Works to reserve the right of the City to maintain and operate any sewer in or upon said easement and to enter upon said easement or any portion thereof at any time and from time to time, for the purposes of future construction, reconstruction, inspection, maintenance, or repair of the same or, any part thereof. Said uulity easement shall be subject to the following conditions: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects;;which may prohibit normal access to utility facilities for maintenance purposes will be permitted within the easement azea. b. Ixnprovements in or upon the above described easement that do not prohibit the City from exercising its reserved rights may be allowed by obtaining written permission from the Departrnent of Public Works Sewer Division with the understanding that the restaration and costs of such improvements shall be the sole responsibility of the petitioner, its successors and assigns in the event the City exercises its reserved easement rights. c. Should it be necessary that the petitioner's works or improvements be removed or damaged as a result of the Department of Public Works operations, all removal, replacement or modification costs shall be bome solely by the petitioner. d. No change from the existing grade within the easement area shall be permitted o L -7b without written pernussion from the Department of Public Works Sewer Division_ e. No change in surfacing within the easement azea shall be pernutted without written pernussion from the Department of Public Works Sewer Division. f. The petitioner, its successors and assigis shall fully indemnify, defend, and save harmless the City of Saint Paul, its officers, agents, employees, and servants from all suits, actions, or claims which shall arise from any injuries or damages received or sustained by any break in any service pipe or connection in said reserved easement arising out of or resulting from any action or negligence of the petitioner, its employees, agents, or business invitees. 3. That a turn-azound for the remaining portion of Ninth Street sufficient for the traffic needs of the abutting property owners shall be constructed to the satisfaction of the Department of Public Works. 4. That the petitioner shall be responsible for all reconstruction of utilities witl�in Ninth Street; reconstruction of Ninth Street and the intersections of Ninth with Cedaz and Ninth with Minnesota; removal or placement of street lights and signs, all of which aze necessary due to this vacation, and all to be accomplished to the satisfaction of the Department of Public Works. Page 1 of 1 D2-�6 Juan Ortiz - Re: Fwd: MPR vacation From: Chris Cahill To: Nelson, Jeff; Ortiz, Juan; Riley, Meghan Date: 12/21/200'1 8:43 AM Subject: Re: Fwd: MPR vacation I have received a satisfactory letter from MPR addressing fire's concems. Jeff was copietl. I'm not sure how the details of the resolution are being handled. Are the points MPR is agreeing to going to be contained in the resolu5on? Do I simpiy hoid the building pertnit issuance contingent on these points? Someone let me know how to proceed. Chris »> Juan Ortiz 12/20/0� � 7:t0AM »> 12/20 Hi Meghan- Say, have you had a chance to work on the ROW vacation resolution conceming MPR's petition to vacate 9th Street? My terms or conditions in the resolution should commence the day council approves the resolution. This resolution needs to be in itr final form before ne�ct Thursday, with all responses in. As of right now, Pubiic Works is drafting their f nal respose, no revision yet from Fire and nothing from Distric Energy. With neut week bei�g shortened by the holidays, once again, time is running out. Phone (6-8864)or e-mail me- Thanks. »> Meghan Riley 12/6/2001 10:003� AM »> ]uan, Since I am dmfting the sunset date knguage t'or Ne vacation resofuh'on, can you get me Me fite or a mpy W Me pe0lion as soon as paaible? [ mit need Me legat d�enpnon for the resolubon. Alw, R was not clear to me whai tlata real estate and pubik works wem cwnPorbbie wRh—tv+o years irom the 19[h of December? Un you check on the tlates for me antl get back to me� Thanks, Meghan file://C:�Documents%20and%20Settings\ortiz�L,ocal%20Settings\Temp\GW}00OO1.HTM 12/21/2001 bZ��b 1 MINNESOYA PUBLIC RADIO mpr >� December 18, 20Q1 Mr Chris Cahill Fire Protettion Engineer Depaztment of Fire and Safery Services Fire Prevention Division 100 Easc ilch Screec Saint Pau1,1v1iz�nesota 55101 �� ?dv�i �� 5 1HOM45 ! X/6/M £iecutivc Yice Pres�dent Chiei Admin,5lrat�ve Dtfite+ Genera� Counsel Re: Pubiic Sa#ecy Assurances Pertaining to the Pzoposed Closure of 9th Screet Minnesota Public Radio Expansion HGA Comnnission Number 2190.001-01 Dear Chris: 1Vlinnesota Publac Radio is �leased to be scaying in Saint Paul and we are excited about ouc expansion plans. It is imperative for the e�cient growth of our future operations that MPR receive final auchorizazion from the City for che vacacion and closure of 9cb Streec. We understatid that public safery is paraznount and wanx to assure the Depanment of Pire and Safety Services thaz we are commatted to working with you to ensure that no compromises are made to public safecy with the proposed vacation and closure. This letter is to provide you with the assurances you requesced regarding the pending street closure. MPR will rein{ozce and upgrade the scruccure of MPR Drive (the alley immediately east of our existing buildin� to handle emergency vehicle weights. The existing structure has been reviewed and can be reinforced to meec loading requirements to provide safe access to 7th Screet. The specified 12-foot widih and required turning radius for city emergency vehicles wi11 be maintained on MPR Drive to provide safe access to 7th Street. 45 fAST SEYENTX SIRffT � SA/Xi PAUL MINNESOiA 551Di-127d teleDhone - 651.290,1553 faesimile • 651.290.1243 websiie . Aito:r/www.mpr.org o't-?b � Mr. Chris Cahill December 18, 2001 Page 2 • A fire hpdranc will be provided az the end of 9th Streec on che cul-de-sac created b}� the closure. MPR will work with Public Works and the Water Department to assure che relocated water main provides appropriate water pressures to 9th $treet. • MPR will collaborate with Public Works to ensure that all utiliry relocation work is completed prior to the closure of 9`� Street at Cedar and to assure emergency vehicle access during the relocation work. We expect that these assurances provide you with the information you require to respond positively to our 9`" Street vacation petition. I# so, we would request that you £ozward your support for the vacation to ]eff Nelson of PED, in writing prior to the Decembez 27, 2001 deadline for che January 23 2002 public hearing. We appreciate your help and look forward to concinuing co work sogecher as our expansion project moves £orward. �'lease coratact either Bake Baker at HC,A or myself if we can be of further assistance. Sincerely, MINNESOTA PUBLIC RADIO _ � 1 �.al � Thomas J Kigin Executive Vice President c: Jeff Nelson, PED David O'Neill, N�'R Bake Baker, HGA v Z-� 6 , , That the vacation resolution shall not be filed and recorded with Ramsey County until two years from the date of the Council resolution or untii a site plan for the reconstruction of Ninth Street beriveen Cedar and Minnesota is approved by the Deparlment of Public Works and the petitioner has pulied perxnits, whichever occurs first. Untii such time, Ninth Street shall remain a pubiic right-of-way. That if the petitioner fails to commence construction within three years of the date of the Council Resolution, the vacated properiy shall revert back to the City as a public right-of-way. CTI'Y OF SAINT PAUL Norm Colemars, Mayor November 2, 2001 Peter White Valuation Engineer Real Estate Division 140 City Hall Dear Peter: CITIZEN SERVICE OFFICE ��,,, 7� Fred Owusu, City Qerk I70 City Hall TeL: 651-266-8989 ISW.%lloggBoulev�d F¢r. 65I-266-8689 SaiMPau� Minnetota SSIO2 Web: hdp://www.ci.slpauLmnus TDD: 651-2668509 n �cFiv�r .� �; ` _,q� fsr�rE;,�vrsts� I refer to you to check as to form and sufficiency and for recommendation, the attached petition of Minnesota Public Radio for the vacation of that part of Ninth Street according to the recorded plat thereof on file and of record in the Office of the Saint Paul City Clerk. Sincerely, Q`�- ��e Shari Moore Deputy City Clerk Attachments oz- 7b PETITION TO VACATE CITY INTEREST I(we), the undexsigned, constimiing a majority of the owners (or their legally designated representatives) of the abutting properties, do herehy petition the Conncii of the City of Saint Paul to vacate its interests in the properiy(ies) legally descnbed as follows: That par[ of Nmth St�eet, adjacent to Block 13, Roberts & Randalls Addition, according to the recorded plat thereof and Tract B, 32egistered Land Suivey No. 391, Ramsey County, Minnesota lying northeasterly of a line drawn from the northwest corner of said Block 13 to the southwest comer of said Tract B and lying southwesterly of the easterly line of said Tract B prolonged southeasterly to the northeriy ]ine of said Block 13. I(we) request this vacation for the following reason(s). (Indicate whether you will be building on the site.) Minnesota Public Radio ("MPR") intends to build an office building on the portion of Ninth Street proposed to be vacated. The proposed building would connect the existing MPR building with the 480 Cedar Building across Ninth Street, to create one contiguous shucture. This contiguity would create more e$'icient worldng relatianslups within MPI� and the additional structures would provide necessary floor space for MPR MPR plans to improve the street leading up to the vacated portion of Ninth from the east, in order to create an appropriate cul de sac. I(we) have attached siY copies of the site plans of any development intended for construction on the lands to be vacated Contact Persons Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of the vacatiou: Name: Thomas Kiain Address: Minnesota Public Radio 45 East Seventh St. St. Paul, MN 55101 a90-/55y Name: Roeer Beluens Address: Fae2re & Benson LI.P 2200 Wells Fazgo Center 90 South Seventh Street Name: Thomas Kigin Address: Minnesota Public Radio 45 East Seventh St. St. Paul. MN 55101 Name: Address: Minneanolis. MN 55402 oz-�c siguatures 'I7� Executive Director o� Pubhc Housng Agency of St Paul, signing on behalf of and with the authoriry of Public Housing Agency of St Paul �� - omas xigin The Executive Vice President of esota Public Radio, signing on behalf of and with the authority of Minnesota Public Radio of Property(ies) Described Below: 7on Gut�mann Public Housin� Aeencv of St Paul 480 Cedaz Street Suite 600 St. Paul, Minnesota 55101 �rno� ��n Minnesoh Public Radio 45 East Sevemh Street Suite 600 St. Paul. Minnesota 55101 I, t�'��.%( � S• �`►v� l L�. , am employed by the petitioner, or one of the petitioners in the above matter, and I do hereby swear and verify that each of the signatiues on ilris petirion was signed in my presence by the persan described in the petition. 1 5t Subscri�ed and swom to before me tlris dayof I1Q"U .2001. ��`� �it�/t�t�C.. C — /� �--+ Signature Notary My commission expires l /•" a DO 6 M1:810471.01 � � � �'�Iql�q18lE1aF� 62- 76 The attached Resolution No. 01-10/24-2 was approved by the Board of Commissioners of the Public Housing Agency of the City of Saint Paul (PHA) on October 24, 2001. In it the Board ratifies the Purchase Agreement executed by the PHA and Minnesota Public Radio (MPR), which specifically refers to the vacation of Ninth Street (Purchase Agreement, Section 113). The resolution also authorizes the PHA's Executive Director to execute necessary documents related to the sale, lease, and HUD approval of the sale of the property. Date: October � j, 2001 � � F. Allen Hester Assistant to the Executive Director 480 Cedar Street • Suite 600 • Saint Paul, Minnesota 55 1 0 1-2240 � 651-298-5664 • Fax 651-298-5666 """""' O Z-'Ib PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL RESOLUTION NO.Ol-10/24-2 SALE OF 480 CEDAR BUILDING WHEREAS, the Public Housing Agency of the City of Saint Paul (PHA) owns the office building at 480 Cedar Street in Saint Paul, Minuesota (the "480 Cedaz Building") and maintains its Cenisal Administrative Office and Rental Office as well as commercial office space and a parking raznp; and WI-IEREAS, a declaration of trust has been recorded in favor of the U.S. Department of Housing and Urban Development (HiJD) relating to the title of the 480 Cedu Building in connection with HtTD Development ProjectNo. MN 1-33 (N1NP460010�3); and WHEREAS, the Minnesota Public Radio (MPR) desires to purchase the 480 Cedar Building for $7.9 million, a price which was previously approved by the PHA Board of Commissioners on January 24, 2001 as reflecting the replacement value of the property; and WHEREAS, the PHA and MPR signed a Purchase Agreement on October 17, 2001 which is subj ect to HUD's release of its declaration of trust on the property ; and WHEREAS, MPR and the PHA have tentatively agreed that the PHA will lease its office space on the third and sixth �Ioors of the 480 Cedaz Building from MPR on terms and conditions which have been presented to and fully considered by the Board at this meeting; and WHEREAS, the Board of Commissioners finds that this sale and leaseback of 480 Cedar Street are in the best interests of the Public Housing Agency; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Public Housing Agency of the City of Saint Paul as follows: 1. After review and consideration of the Purchase Agreement for the sale of the 480 Cedar Building to Minnesota Public Radio (MPR) at the price previously approved by the $oard of Commissioners, the Purchase Agreement is hereby ratified, subject to HIID's approval and release of the declaration of trust; and 2. After consideration of the terms and conditions of the Lease Agreement for the PHA to lease the third and sixth floors of the 480 Cedar Building from Minnesota Public Radio (MPR) after the sale closing, the Lease Agreement is hereby approved and the Executive Director or his designees aze hereby authorized to execute any related documents which aze necessary; and 3. The Executive Director or his designee are authorized to seek I-IUD approval to amend the PHA's Agency Plan for Fiscal Year 2002 to describe the disposition of the 480 Cedar Building; and �. The Executive Director is authorized and directed to execute and submit a property disposition application to HUD along with all further documents and information as required by HUD respecting approval of the sale of 480 Cedar Building. APPROVED ON OCTOBER 24, 2001 bZ-?6 CERTIFICATE OF BOARD SECRETARY The undersigned hereby certifies as follows: 1) That he is the duly qualified and acting Secretary of the Boazd of Commissioners of the Public Housing Agency of the City of Saint Paul (Local Public Agency), and the keeper of the records of the Local Public Agency; 2) 711atthe attached Resolution No. 01-10/24-02 resolution as adopted on the 24 day of october is a true and correct copy of the 20 O1 ; 3) That the seal affixed below constitutes the official seal of the Local Public Agency and this Certificate is hereby executed under such official sea1; and 4) That the undersigned is duly authorized to execute this Certificate. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the said Public Housing Agency of the City of Saint Paul, this 24 day of (SEAL) �lu nepuoii� ivacional Insurance Company 400 2nd Avenue South Minneapolis, MN 55401 October 31, 2001 Thomas Kigin MiLnesota Public Radio 45 East Seveath Street St. Paul, Minnesota 55101 To whom it may concern: oZ-76 Old Republic National Title Insurance Company does hereby certify that.a,, search of Ramsey County, Minnesota t� records discloses that, as of ' October 31, 2001, the owners of the properties abutting the public right- of-way described as That part of Ninth Street, adjacent to B1ock I3, Roberts & Randalls Addition, according to the recorded plat thereof and Tract B, Registered Land Survey No. 391, Ramsey County, Minnesota lying northeasterly of a line drawn from the northwest corner of said Block 13 to the southwest corner of said Tract B and lying southwesterly of the easterly line of said Tract B prolonged southeasterly to the northerly line of said Block 13. Legal Description Tract B, Registered Land Survey No. 391 All that part of Lot 2, Block 13, Roberts & Randall's Addition to St. Paul, lying West of the dividing line between Lots 5 and 6 in said Block produced to the North line of said Lot 2, except that part of Lot 2 lying West of the dividing line of Lots 3 and 4, in said Block, produced to the North line of said Lot 2. Property is: Fee Owner Torrens Public Housing Agency 480 Cedar St Suite 600 St. Paul, MN 55101 Torrens (Continued) Minnesota Public Radio Inc 45 7th St E St. Paul, NIN 55101 Legal Description Lot 3, Block 13, Roberts & Randall's Addition to Saint — Paul. A11 that part of Lot 2 in B1ock 13, Roberts & Randall's Addition to Saint Paul lying West of Westerly line of Lot 4 in said B1ock 13, produced to 9th Street. Property is• Abstract O � � � V Fee Owner Minnesota Public Radio Inc 45 7th St E St. Paul, MN 55101 This report represents the professional opinion of Old Republic National Title Insurance Company regarding ownership of the above described properties; it is not intended, nor shall it be construed, as a guarantee of title. Old Republic National Title Insurance Company assumes no liability for errors or omissions. Sincerely, ��. - Lorette Schmaltz Assistant Vice President Old Republic National Title Insurance Company t00Z �aquianoN 8 .OZ4 �09 `C J r e�osauuiW `�ned }uieg �� f` �� ue�d a�is �� '�� „?��=F`"�,p- ' '�! � C�� „y� ��r`"�"��i`�'�� . �� _ _ � . :'' .,� .�- ��,�. #�a-�`�"' m .r.�. ��£ _ . �, , . " , � �tt . ._. / a " , K`. v...� :�-s'" . ,. . �°�-- . 1. t' :�.. � ' .a'.�—�v. ? r--; i � — :.-\ 32i1S FilN3A3S � ` - � ''� r -_ _ � L — -_--- — �` , /�� ,� . �L � �� , �" 'y= ` = __ " \ ; ��:�-.;..L:.._ I � / �\ � � .0£ .0 \ �'" � \ \ � =:�.w,;,� '`',.�..``". ,m...-�-�3 � H11IidW'u � ��dbl- ° = �JNl1S��l�SC3 '�`* � �' � ` : - — �..,.�. ::.--:, � :.:,-�-�- � ... �.. � � G ..,-. . � -�=�-_ ...�;.S3W/V�03W , _ �. m =_ -�- `-='�� -� : � = p _ -.�� ,_ � �-� �Tr -� �� a _ . :: - �+=-� � .`� � � �'rv�� - - _ ___._ , . � t �.. " � � � , '� _ � � � �..��` �� ., «��f � � .� ��.-_ y� 'p `' ,� 4 �� '" � 'q,`�,,�k ' �` �1N321dW � ��F@�` s, ``k�,� �,;., _. � �'"'; N011tl�Vh 133231S � -' _� �.,�, -_-`" a n°. 43SOd023d j0 3NOZ �� gb. a : ,- i � �� III�NI 3N � , �.. � " � � , x .. / " :>:. " x . �. ' � � � 1 S � 1 ;. � " 32i�J3.M3N 3't81SSOd � - _ . , __ �.- .�. . � .. ._ . „, � �. � -. _ � , . _ � . . .� - ..�� , .;.v- r„ ` " i . '."' "' ' .' . . . . . .. . . �s . �� - � �- -- � / �� SS3i1JNF.�JNIlSIX3 � � �� '� `JNfOIf(18 0 .,� ' / / bV43� 084 m �.�t�� k ` � �� . ,� � � , � k' r� ti� �� :� � �Ni�avda�vdans — � ��.��Nict��; ��t��3a�� r�roia3�.,�as�ad_ . � � ��„��vH�; �,�Xl( �fNfOtlN�'>a=`x° 1tl231N3� - � � �' �^c �-��'� r��. ' � __ �%' ��.�.� � � ' -'��' �1,�2�...� .,r ;' � .T] ��-. ��' �� _ xt�,r�'�"�.5� � �' �'* "'._ _ _' � . - �'_-_'m_ v£`�+r^ti y.,»icwx"a Sm�.- ' I71 .� : -� �' .�'�. � . . .,,..- � �_ '. aa�vaHl al`d2i3JZlij 3H1 _ ' " I . f �. � ' . , : "` "I ----- ��l 133211S 3�JNVHOX3 D � D w _ D � --i .� m m J � CITY OF SAINT PAUL Norm Coleman, Mayor November 7, 2001 �tii(ijec� 1�IS�?epa�finent �1e N�s a z-76 Department of Technology and Management Services Real Estate Division 140 City Hall Phone: (651) 266-8850 Saint Paul, MN 55102 Fax: (651) 266-8855 The City Clerk has referred to ttus office for recommendation the petition of 1�T �ybh� �ailio for � � �� ... .w the vacation of ��ae`h��seciutionl: This inquiry pertains to the vacation of City right-of-way only. Depending on the petitioner's reason for requesting this vacation and the intended use for the vacated right-of-way, some or ali of the utility easements may be retained. The purpose of this vacarion is ta;`Gr�cT'�'� ,��r��rne�t3lYe e�§tai�g„_�bv��it%gs: Will you please advise me of any concerns you may have regazding tlus proposed vacation. I would like to receive your comments before as soon as nossible so I can prepare a report to the Ciry Council on this matter. For your convenience, you will find a fas transmittal memo containing a reply form on the reverse side of tlus notice. If you would rather respond on your letterhead, please refer to the above listed file number when replying. If you haue any questions regazding this matter, please call Juan A. Ortiz at 266-8850. Sincerely, � v � Juan A. Ortiz ( 200122.inq) . Reply to Vacation Inquiry File #2001-22 To: Juan A. Ortiz City of St Paul / Re Phone # Fax � o Z -76 # of Pagu 1 From: �tate Division 266-8850 phone� 266-8855 F� � We have no objections to this vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ We will approve this vacation, subject to the following conditions : . . . . . . . . . . . . . . . . . . . . ❑ Por the following reasons, we cannot approve this vacation : . . . . . . . . . . . . . . . . . . . . . . . . . Q Signed Date oZ-�4 Interdepartmental Memorandum CITY OF SAINT PAUL To: All Council Members ' .�%' From: Peter White'C "'' 6'I� Right of Way Engineer 140 City Ha]] Date: December 7, 2001 Sub�ect� `TMS Deptartment Vacahon File 1Vor2001 22 ; e „ _ I recommend a public heazing before the City Council be held on January 23` 200�� The purpose of this vacation is to release City interest in Ninth Street between Cedar and approximately 109 feet easterly of Cedar as part of Minnesota Public Radio's re-development of their facilities. This property is located in City Council District -2, Planning District 17, cc: Shari Moore, City Clerk's Office (for publication) Meghan Riley, City Attorney's Office (200122hr.date) � � i N O N �--i O O N 0 z 0 F U � a � O W H � � � c� � w 0 � � 0 .., ° �, -� � �..� � W � O � � o, a � � w � C O o � i.: o � -� o � � � > a � w � � �: a � e��n zn 0 :� a � w � � W U w � � o � � � � C 3 O. W � A � '� .o a ,-�, � � W q z � z ° � ° 02 � � C � Q' ' � � W ,� � y �-`�- � � c�" � ^CS � � � . � x a � ^ � - � .-. .-. � � m N .� .� � o � � r, � �? � `� x � a�i � �- ^' � C7 � i-�� CC GJ � b Q a�i � c v � �, V W b � � � ° y o .� i, N y t. s, V] � W � v�i � .� � W a� v q,s� O W W � � > > > > _ � v . _ V � .-. Q r, � � �. y � b � W � � �. :� �o � � � � ^ a � i � � � � °" .� � .� � � � � :c � '" ° � � x � � � � � 3 �� Q o � v � a" � �, � Gl � � � � � � � � a Q ° c. ° U" .o �' a � � � a Q a x P. � a > > > > > > > . . La � L"i Y L-� � Ll Q 1 - C � O . ,�: � O '� � CA z � I � � .� � . . � : : '� . . U ' ' � • - � : : � :: o :: � v : : ' v o w : : �' Y : : � . v 3 � ; : � o � : : � � . . � 'V . . � . . � . . � . . � � . . .ti . . � �' . . � � U x a�i �: � � � � N U � � C N i � � W L.� , 4'� '�'� "' v, U a`�'i a" � � o ° Qa c '� O „O Q O z � � '� � o a�i ai a`�i � x x x 0 � �4 ti U � i �� Y a ¢ G Z- ?L MPR PROJECT UPDAT`E January 23, 2002 Backeronnd Over the last two years MPR, has considered sites in Minneapolis and Saint Paul with the strategic goat of bringing all of our employees together in one building, with large contiguous floor plates, to allow for creative interaction and communication and to allow efficient use of production and technical space. Saint Paul's offer to close Ninth Street and to assist with funding the p�schase price of the 480 Cedar Building makes it possible for Mi'R to aclueve its strategic objectives in Saint Pau1. There is compromise to the idea of the lazge, contiguous floor plafes, since the floor plates of the MPR building and the 480 Cedar building aze not on a level ptane. That makes the Ninth Street space more important as the key space to eacpand the eacisting technical facilities of MPR. Inclusion of the "Triangle" green space and connection to the Fitzgerald Theatre allows us to create an MPR "campus" with the possibility of future expansion We aze also able to preserve our investment in the technical facilities in the existing MpR buiiding, wluch has significant presence in downtown Saint Paul. Twice, with the purchase and renovation of the existing MPR building and again with the piirchase and renovation of the historic Fiizgerald theatre, MPR has proven itself willing and able to contribute positively to Sainf Paul's urban environment. Whv vacate Ninth Street now? MI'R must be sure that we can aclueve the essentiai purpose of the project -- to briug our employees together in one contiguous space — before we proceed with purchasing the 480 Cedar Building. Thus, we cannot take the risk of proceeding with the purchase agreement aud witli the Development Agreement if Ninth Street is not vacated. How are we addressine communifv concerns� MPR has agreed, in the Development Agreement, to utilize the ten design principles adopted in the 3'aint Paul on the Mississippi Development Framework MpR and the CiTy's Design Center have agreed on a process and timetabla for design review that will allow for participation aud feedback by the Design Center team at critical points in the design process. MPR has already met with the Design Center three times; future meetings will be in accordance with the agreed upon milestone schedule. MPR has met with District 17 of the Capital River Council, which passed a resolution endorsing the project MPR has met with nearby residents twice, and will stay in periodic contact with them as the project proceeds. Theu most pressing concerns aze on the issues of pedestrian access and safety. We believe that mosf safety concems have been addressed by the City as part of the street vacation process. With respect to the pedestrian access issue, design has not progressed to the point where MPR can offer a single, specific solution to neighbors' concerns. However, we have studied a number of alternative pedestrian access routes (see attached) and will continue to address their concems as part of the ongoing design of fhe projecY. F/hffR PROIE(,T [7pDAiEdo� 123/62 ��,� S t4 �ZP ��e \ 1 � � � � ��S S �t �i SE / V J J l �4 ,/ / �.P4. � ?� � n__ � � E1 aE e' o� P� t�� 0 ��, ,�� e�� : �J; �/ �t � � P E 4� �� .N �J �/� � 4 iC/^ y///%� \/ � 5 T _ ,� � � � ! - _ .-� � .,... . , . � , �, . . �_ . � � ... � � . .. . _ ) mpr)� expansion Study of Alternate Pedestrian Routes � 0' 60' 120' " '^^..^_. 240' � '��\ oz-�� \ � 3 �P e w�6.. � r� . � X f ` �:: �� ` �� -° C . \ . ....,_. e._ .E��SQ�aG b2-"I6 MPR EXPANSION PLAN CapitolRiver Council District 17 Resolation Reviewed and recommended hy the Developmert and Review Committee 11-1�2001 Approved by the CRC Board i1-21-20(Il MO"ITON: "Whereas; Minnesoh Public Radio ("MPR") Plans to e�and its headqoaiteis and campus in downtown St Paul and, Whereas; Uds expansion wilt maintain 250 jobs in downiown St Paut and bring an addifionai 100 jo6s over the nea-t 15 yeais and, Whereas; tlils developme� will nnify MPR's cument building with the 480 Cedar Bldg., wluch MPR plans to acquire from the Public Housing Agenc,y ("PHA") and, Whereas; the expansion of MPR tvill tesuit in development on 4 blocks, including MPR s current headqnarters, the 480 Cedaz Bldg. the triangilat greenspace bordered by E. 7th and Cedaz Streets and future development by the PHA on lOth St between WabasLa and Saint Peter Strcets and, Whereas; CRC believes that ttris expanson will continue to bring St Paul exposure both nationally and interna8onaily as a center for me@ia innovation as well as the home of prugr�ms such as A Prairie Home Companion and St Paul Sunday, Therefore; be it resolved U�at C1tC Distrid 17 s�pports the expansion of Minnesota Public Radio's headqnazters and campus in downto�yn St. Paul; Be it fiuUier resolved; that District 17 supports MPR's pehtion to the City to vapte a portion of 9th St in order to unify their building with the 480 Cedar Bldg., as well as MPR's pefiflons for air rights above Cetlar for a future skyway connecrion; Be it finther resolved; that Dist�ict 17 urges the Ciry af St Paul Housing and Redevelopment Authority to proceed with the sale of rhe triangular grcenspaoe Yo MPR aad s�ipports the 53.3 million forgivable loan io MPR toward the acquisition and redevelopment of the 480 Cedar Bldg.; Be it further resolved; that Distric[ 17 urges the Ciry and MPR to continue discussions and make a commimient to the citizen process svith the CapitolRiver Council to resolve issues relating to pedestrian and veluculaz access, public safety, iesolve the public skyway access and the final design of the new MPR building, and reseive property tax base." MSA