04-830Return copy to: (jao)
Real Estate Division
140 City Hall
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OF
Presentea sy
Referred To
RESOLUTION
Council FYIe # D��3d
Green Sheet # �o2i sa3
PAUL, MINNESOTA
3�
Committee: Date
�
1 WHEREAS, the property owners of 208 Mississippi River Boulevard South (Owner) desire an
2 outwalk improvement over and across City of Saint Paul (City) property along Mississippi River
3 Boulevard South, said property is outlined on the attached map and referenced as E�ibit "A", a copy
4 of which is on file in the Depardnent of Public Works, Real Estate Division, in the file known as
5 2004-X-02, and
6
7 WHEREAS, representatives for the City, Depardnent of Pazks & Recreauon, have reviewed this
8 request and recommended giving permission to the Owner to construct and maintain an outwaik over
9 and across Ciry property as shown in F�hibit "A"; and
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WHEREAS, the Owner must enter into a license agreement with the City for the construction and
maintenance of this improvement along Mississippi River Boulevard South and the market value of the
property rights being released wili be determined by an independent appraiser pursuant to Section
13.01.01 of the St. Paul City Charter; so
THEREFORE BE IT RESOLVED, the proper City officials are hereby authorized and directed to
enter into a license agreement with the Owner to construct and maintain an outwalk on City property
abutung 208 Mississippi River Boulevard South as shown on E�ibit "A", and
�"lc)ee .QitCLCG�ca �i4G�
FURTHER RESOLVED, that market value fo aid property rights, will be paid by the Owner and
deposited into the Parkland Replacement Fund. y other costs incurred by the City to compiete its
agreement with tY�e Owner, shall be fully compensated by the Owner.
Requested by Department of Parks:
tsostrom I�_
Thune �
Harris �
Lantrv C
Helgen �
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Adopted by ouncil: Date
Adoption e 'fied by Com
By: ;
Appro e Mayor: Date
By:
By: f�� —_"`�"�-�'� -
Director
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Amendment to Council File 04-830. adonted 8/25/04
� and that the ro e ri t shall be considered a license anted to the owner
of 208 Mississipni River boulevard. Said license mav be revoked at the Citv's
discretion if it is determined that the property is needed for nublic use. No
other structure or use of the license bv the owners hall be permitted.
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
S �'�._._.._..._...'�""'_'_
P�(�I Atblic Works
. Contact Person & Phone:
Juan Ortiz! Peter White
�-ssa5' to-sss3
Must Be on Council pgenda by (Date):
Total # of Signature P�qes
���3d
Date Initiated:
19-AUG-04 Green Sheet NO: 3021843
y
Assign
Number
For
Routing
Order
0 ubGc Wo
1 f�tvAtt ev Ci Attorne
2 �°*�sandA creation I Yazksl»rector F
3 a ods Office Ma or/Assis[ant
4 0 0l Co
5 Clerk ' Ci Clerk
All Locations for Signature)
Action Requestetl:
Enteiing into an agceement to build an outwalk on City property at 208 Miss.RiverBlvd.South
�dations: Approve (A) or R
Planning Commission
CIB Committee
Civi� Service Commission
Personal Service Contracts Must Mswer the Following �uestions:
t. Has this person/firm ever vrorked under a contract for this department?
Yes No
2. Has this personlfirtn ever been a city employee?
Yes No
3. Does this person/firm possess a skil� not nortnally possessed by any
curreni ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
�
InitiaGng Problem, Issues, Opportunity (Who, What, When, Where, Why):
The owner at 208 Miss.RiverBlvdS. deisres an outwalk on City property. The City reviewed the design and a iecommendation was
reached.
Advantaqes If Approved:
The owner will have an outwalk.
DisadvanWges If Approved:
Encumbrance to Ciry Property.
DisadvantageslfNotApproved:
The owner wIll have major concerns regazding decision of the City.
Transaction:
Fun�ng Source:
CosURevenue Budgeted:
Activity Number:
Financial Information: pwnei is t0 pay foi all COStS inCUt7ed...
(Explain)
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xeat �state Di�ision
140 Ciiy Hall
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Presented By
Referred TO
OF
Green Sheet# �p��gq�
RESOLtITfON p `� r �� p
� INT PAUL, M[NNESOTA
3�
Commiitee: Date
i�\'HEI2EAS, the property owners of 2081�4ississippi River Boulevard South (Owner) desire an
2 outt��aIk improvement over and across Ciry of Saint Pavl {Ciip} properry along b�tississippi River
3 Bon3evud 5outh, said praperty is outlined on ihe attached map and referenced as Exhibit "A", a copy
4 of n•hich is on file in ihe Departmeni of Pubiic Works, Reai Estate Division, in the file known as
5 2004-X-02, and
6
7\�'HEREAS, representatives for the City, Deparunent of Puks & Recreation, have reviewed this
8 request and recommended giving permission io the C)wner to canstruct and mainiain an outwalk over
9 and across Cit} property as sho�vn in E_�ihibit "A"; and
10
i l ��'HE , - fi7tivner n�trst-�ter into a license agreement with the City for the construction and
12 ' tenance of this improvement along ' issippi River BouTevard South and ihe market value of the
13 property rights being released wiIl be dete ed by an independent appraiser pursuant to Section
14 t3:fl�-91.af the St . paul Cii C ;
IS
� THEREFORE BE IT RESOLVED, the proper Ciiy officials are hereby authorized and directed to
. enier inio a license aareement ���ith ttae Owner to consiruct and maintain an outwalk on Ciry property
18 abutting 2fl8 Ttississippi River Boulevard South s1�a-ox�.hk�bat "A", and
19 '°
20 FURTHER ItESOLVED, ihat market ae for said pro}�rty rights, will be aid by the Owner and
21 deposited into ihe Park3and Replaceme�ri �* "„�---� t}�e Ciiy to complete its
?2 agreement � pe � Ci, ��
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of
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Form Ap�roved by CiTy
Adopted by Counc7: Dat�
adoption Certi#ied by Counnl Secreiaty
By:
Approved by Mayor: Daie
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Mayorfor
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Interdepartmentai Memorandum
CITY OF SAINT PAUL
To: All Coimcil Members
From Peter White (c/o Juaa Ortiz)
Right of Way Engmeer
140 Ciry Hall
Date: July 9, 2004
RE: Public Works Vacation File No. 2004-X-02 Consider Changing Pazkland Use
I recommend a public heazmg before the City Council be held on August 25t11, 2004 to consider
the petition of Laary and Mary McIntyre.
This perition is to declare aportion ofpazkland surplus abuttmg the property at 208 Mississippi River
Boulevard South and convey easement rights over said parks properiy.
The piupose of this cl�ange in parkland is to put m place a carriage walk and retainmg wall.
Tbis property is located 'm City Council District 4, Plannmg District 14.
(2004X02hr.date)
o�-�-��
NOTICE OF PUBLIC HEARING
Nouce is hereby given, that the resolution granting the property at 208 Mississippi River
Boulevazd South an easement to construct, maintain and use a carriage walk and retaining wail
on Mississippi River Boulevard South which constitutes a diversion of park property, will be
heazd 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 House at 15 Kellogg Boulevard West on the
25th day of August, 2004, at 5:30 P.M.
Dated: August 2nd, 2004
Shari Moore
Deputy City Clerk
(August 5, 2004)
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0�1- 83�
Climb the Wind Institute
Furthenng
Social, Ecanomic, and Environmenta!
]uttite
John E. Gxzybek
P.O. Box 1G548
Saint Paul, Minnesota 55116
(651) 592-0945
August 23, 2004
Kathy Lantry, Counic$ Pxesident
City CouncIl Membexs
Ciry Hall
15 West Kellogg Boulevazd
Saint Paul, Minnesota 55102
RECEIVED
AUG 2 0 2004
R�,�R�
AUG 2 3 2004
COUNClLMEMBER
KATHY LANTRY
Re: Paxks Coininission Resolution 04-14 — Support of Resolurion to Pxevent
Divexsion of Paxkland and Denying Pernvt
Climb the Wind Insutute is a small oxganization dedicated to social, economic, and
envixonmental issues xegaxdless of magnitude if thexe is an unpoxtant undexlying purpose ox
policy to be addxessed. Oux organizarion xecognizes that minox issues, if ignoxed ox
considexed insignificant, could become laxgex futuxe pxoblems. Indeed, fxom minox issues
come bettex genexal public policies.
Such a situarion seems to e�st in the instant mattex involving a xetauiing wall, steps, and
carriage walk on paxk pxoperty at 208 Mississippi Rivex Boulevaxd South. I wxite in suppoxt
of the Saint Paul Paxks Commission's Resolurion findings and unploxe you to affixm its
decision.
The facts seem simple: a homeownex constxucted a structiue on paskland fox pxivate use.
Regardless of expenditures of private funding, the homeowner purposely diverted public
paxkland uncommon and inconsistent with public use contxary to the principles embodied
within the City ChaxteT xegaxding the pxotec�on of the City's paxkland.
Paxklands axe limited, valuable natuxal xeso�ces that belong to the public. The paxkland
along the Mississippi River Boulevaxd is unique because the xecent xedesign and locarion of
the boulevaxd was at the insistence of well-intenrioned homeownexs who pxophesized that
moving the boulevazd faxthex east of the bluff as the City xecommended would destsoy
numexous matuxe trees. The homeownexs might have been coxxect in theix observation
howevex the xesult was divided public parkland west and east of the boulevard. Hence,
Mississippi Rivex Boulev�d homeownexs living east of the pazkway became defacto
stewaxds of public pazkland, while enjoying the magnificent views of the Mississippi River
goxge from their private homes and pxivate pxoperiy.
,
6�-�30
Climb the Wind Instirute
Page 2
Being stewazds of public lands does not mean entidement to treat the land as pxivate
pxoperty. The City Chartei is the cornexstone of the xights, privileges, and pxotecrions
afforded to the citizens of Saint Paul. The embodied principles were adopted fox the health,
welfaze, and happiness of the genexal public, not to enhance the posirion of one individual
ovex anotheT or apply certain xights ox protecrions of one ovex that of the many.
Chaptex 13.01.1 of the City Chartex was specifically adopted because of the City's priox
history of failing to pxopexly pxotect Saint Paul's limited pazkland. The history is xeplete of
how private interests sought to obtain private gain tl�ough the acquisirion of prime paxkland
fox questionable development at the expense of public intexests. Even the City was £ound
guilty of such abhorxent behaviox. Regazdless, tF�ough the wisdom of City Council
membexs and dedicated efforts of the public, specific language was adopted within the City
Charter to foxge the pxinciple of paxkland pxotecrion to ensuxe futuxe genexarions
appxeciarion and use of these limited xesources.
Thus, the posiuon of private pxopexty ownets who seek to divert paxkland to enhance theix
own private pxopexty is an assault on adopted City Chaxtex principles, self-serving, and in
total disxegazd of public intexests. To allow one person a waivex to divext public paxkland _
that is uncommon and inconsistent with pu6lic use is a dangexous pxecedent to establish. It
would provide the slippery slope to losing parkland at the whim of private property owners.
Anothex loss would be the oxdexed xelationskup and balance betcveen what is in the public
good xeflected in the City Chartex and the self-serving intexests of private individuals.
Thexefoxe, I uxge you to affixm the Resolution of the Saint Paul Paxks Coinmission to deny a
pernut to the private pxopexty ownexs of 208 Mississippi Rivex Boulevasd South to add a
retaining wall and caxriage wallc onto pazkland because it is uncommon and inconsistent with
the public use of parkland in accoxdance with City Chaxtex Chaptex 13.01.1.
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