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09-807Councif File # �/�'pd� Green Sheet # �p� 331 �o RESOLUTION CITY OF,SAINT PAUL. M Presented by � 1/ RESOLVED, upon request of the City Attorney pursuant to Charter § 5.02, there being special circumstances requiring the services of outside counsel to provide legal services in the matter of F� 9�leF Final Order — 09-362 — In the matter of acquiring the properiy rights needed for the Pierce Butler East Extension Project, Phases I and II, between Grotto Street on the west and Western Avenue on the east, far the public purpose of extending Pierce Butler Route easterly to Phalen Boulevard, Joe Yang and Corrine Heine of the law firm of Kennedy and Graven, Chartered, are hereby appointed special counsel for said purposes and; 10 11 12 13 14 15 FURTHER RESOLVED that the fee for said services be $165.00 per hour to be paid from account number CPL-006-2G010-0788-0000 for the compensation specified in the Master Legal Services Agreement between the City of Saint Paul and said firm effective July 13, 2009; and FINALLY RESOLVED, that the proper City officials are hereby authorized to execute the Agreement for Outside Counsel Services with Kennedy and Graven attached hereto. Yeas Nays Absent Bostrom Carter Harris Helgen Lantry Stark Thune � 1 Requested by Deparhnent of: � � �(� �. �mlo'I� B y' � � � Approved bylJye O�ice of Fjn�ncial Seryic�s �/ By: Approved Adopted by Council: Date �� I p�d ` pp� Adop ' ertifi unc' Secretary� By; By: Approv d by Date 0� By: for Submi�sion to Council � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � A�Q��tl� „ � ,�.. , oe��,e��,�o��. o��rt,�d_ Green Sheet NO: 3073316 CA —CiryAttomey Zg-,1UL-09 Conpct Pereon ffi Phone: � � Deoartment Sent To Person InitiallDate Jerty Hendrickson a ' A�� 0 6-8720 � 1 ' Attorn De arhnentD'uector �` �g� 2 cial Services ce F1'nancial Services Must Be on Council Agenda by (Date): Number 3 � Attome � OS-AUG-09 For Rp�{rg 4 or`s Office Ma or/Assistant Doa Type: RESOLUTION W!$ Order 5 omcil Cl' Council TRANSACTION 6 ' Clerk C1 Clerk E-Doeument Required: N DocumeM CoMaot: Conpci Phone: ToW I# of Signature Pages _(Clip All Lotations for Signature) Aetion Requested: Appointment of Joe Yang and Coaine Heine of Kennedy and Grauen as special counsel for the purpose of eminent domain for Final Order #09-362 - Pierce Bufler. Recommendations: Approve (A) or Reject (R): personal Service Contracts Must Answef the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contrect for this deparfinent? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirtn ever been a city empbyee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current ciry employee? Yes No Explain all ye5 answers on separote sheet and attach to green sheet. IniSiating Problem, Issues, OpportuniSy (Who, What, When, Where, Why): The City adopted Fina1 Order #09362 for the extension of Pierce Butlei, requiring the acquisition of certain properties. These attomeys aze being retained to provide necessary legal services. Advantages If Approved: Prompt handling of the legal work for this project. DisadvanWges If Approved: None. Disadvantages If Not Approved: Total Amount of Transaction: CosVRevenue Budgeted: Funding Source: AMivity Number: � Financial Information: (Explain) July 28, 2009 1124 AM Page 1 �wh�iL � Green Sheet Green Sheet �e.��;r+g — y�i �oq oq�o7 6reen Sheet Green Sheet Green Sheet Green Shee# �g �r� �- � � �� Green Sheet NO: 3D�75'!7 FS _Fna�xiafi5ervices �qRA9 CoMaa P¢rson 8 Phone: DeParh�nt SeM 7o Person [niliaUDafe Btuce�lDEjEEb2kt � 0 mancial5uvias BrnceEn ce[a 266-8854 � 1 Ma 'Eritkson �S'9" 2 c� I csmC� MustBeonCOrmcifAgendaby@ate}: Rvmber 01�RPR-09 Far . Routing p (DOESNT FR ANY �� . CA7EGORY) E-DacumentR¢qu'rred: Y Document Co(rtac� �ce E�gelbtekt ContactPhone: 266-8854 3otal # of SignaWre Pages _(CGp All Locatio2a for Signawre� Adion Requestetl: � Approve Final Order to acqnire properry rights for the Pierce Bsstler East Exteosion Projecf, Phases I and II, for the piupose of ea7.ending Pierce Butler Route easterly to Phalen Boulevazd. (See attached map.) Recommendatiolu: Approve (A) or Rejed (R): P¢rsonal S¢rvice Contracts Musi Mswer the Following QuesGons: Planning Commission �, � this person/fum ever worked under a contract for this department? CEB Commrttee Yes No Civ7 Service Commission 2. Has this personffirtn ever 6een a cdy employee? Yes No 3. Does ihis person/firm possess a skiA �roi nofma0y possessed by any artent city empioyee? Yes No EzpWin all yes answers on separale sheet and attach to green sheet. Initiating Roblem, issues, Opportunity (Who, Whaf, When, Where, Whyj: The City Council must approve a Final Order to authorize city staff to purchase the property rights listed in the FO resolution. T`wo of the three properties would be acquired as total takes, one would requiie a permanenT easement. These propeRies are diracfly in the alignment of the proposed exte¢ded roadway and must be acquired by the City. Advanhges If Approvetl: The acquisition work for the project may go fonvazd, Disativantaqestfllpproved: None, but the properry owners will lose their properties in exchange for fair market valued paid by the City per state aad federal law. Disadvantages If Not Approved: � The acquisition work cannot proceed. ToYal Amoeuif of $5,OOD,000.00 Cost(Revenue Budgefed: Y 7ransacNon: Fund�ny saeree: �unicipal Stafe Aid Activtty Numner. Pubiic Works projed funds Firtanciat Irtomwfion: (Ezplafnj March 4, 2009 A:3i PM Page 1 o��o� AGREEMENT FOR OUTSIDE COUNSEL SERVICES This Agreement is entered into this i�day of July, 2009 between the City af Saint Paul, a municipal corporation, 400 City Hall, 15 W. Kellogg Blvd., Saint Paul, MN 55102, on behalf of the Saint Paul City Attomey's dffice, {CAO) and Kennedy and Graven [need address] NOW, THEREFORE, in considerafion of the mutual promises and covenants contained herein, the parties agree as follows: SECTION 1. Scope of Services. Kenney and Graven shall be appointed as outside special counsel for the City of Saint Paul for the purpose of advising, initiating or assisting the City Attomey's Office ("CAO") with legal action that will result in the acquisition of properties needed for the extension of the Pierce Butler East Extension Project, Phase I, as set forth in Final Order 09362 attached hereto and incorporated by reference. Services under tlus agreement shall be provided only by 7oseph Yang and Corinne Heine unIess another attomey has been agreed to in advance and in writing by the CAO. All information and cammunications between the City of 5ainf Paul staff and CAO and Kennedy and Csraven shall be considered confidentiai, attorney work prnduct. All information and communicarions shall be handIed in accordance with applicable rules of grofessional responsibility for attorneys, attamey-client privilege, and work-pmduct. SECTION 2. Time For Comgletion. This agreement shall beeoma effective an the date first written above, and shall be in effact far one year from that date, unless ternunated earliex in accordanca witfi the termination provisfans of this Agreement. SECTIQN 3. Billings and Paymcut, Kennedy and Graven shall be gaid at an haurIy rate of Qne Hundred and Sixty-Five Dollars ($1 f5.d4}. AII fees and expenses will be pa#d in accordance with the City Attomey's Office Policy on Fees, attached heret�a as E�ubit A and incarparated by reference herein. Expensss which may F�� appraved ia aeeoad�nce with the Palicy shaEt not �eeed $�,f}OR. S��TIOI� 4. Praf ect M��ement. oy-SD� In order to coordinate the services of Kennedy and Crraven with the activities of the Saint Paul City Attorney's Office so as to accomplish the purposes of this Agreement, John Choi, Saint Paul City Attvmey, or his designee (Contract Administrator), st�ali manage this Agreement on behalf of the City of Saint Paul and CAO and serve as liaison between the parties. Kennedy and Graven shall comply with all applicable rules af professional responsibility for attorneys in performing services under this agreement. SECTION 5. Work Products, Records, Dissemination of Information. Kennedy and Graven agrees to maintain all files and records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6} years from the date of the final payment under the contract for audit or inspection by the City, the Auditor of the State of Minnesota, or other duly authorized representafive. SECTIQN 6. Compliance With AppGcable Law. Kennedy and Crraven agrees to comply with all federal, state, and locallaws or ordinances, and all appIicable rules, regulations, and standards esfablished by any agency of such governmental units, which are now ar hereafter promulgated insofaz as they relate to the Kennedy and Graven's perfannance of the provisions of this Agreement. It sha11 be the obligation of the Kennedy and Graven to apply for, pay for, obtain and keep in effect all permits and/or licenses required. S�CTION 7. Conflict of Interest. A. Kennedy and Graven agrees that it w[Il not contract for or accept employment for the performance of any work or serviees with any individual, business, corporation, or govemtctent unit that wouid create a conflict of interest in the performance of its obtigations pursuant ta this Agreement with the City. B. Kennedy and Graven agrees that, should �g eonflict or potenfiat conflict af interest beco�ne knowq ICennedp and Graven will advise the City of the situation so that a determiraaEion ean be mad� a6aut Kennedy and Graven's ahi[ity to continue perfarming aervices under the Agreement. B�CTIQN $. Indemnificatian and Hold Harmkess. K�nnudy and C'arav�n shail indemttify azxd hQld harmiess the City, its afficers, a�ents, and emplay�ss from alt liabitity, eiaiins, aetions, judgm@nts, damages, losses, aosts ar exgenses, incIuding r�a.conable attorney's fees, resulting fram any aat or omission by ICennedy and Crraven, its offic�rs, employees er agents in carr}ring �ut the tarms of this Agreement or in failing to perfasm any Qbligation under this Agr��ment. ��b� SECTION 9. Insurance. Kennedy and Graven shall be required to carry insurance of the kind and in the amounts shown below for the term of this Agreement. Insurance certificates should state that the City of Saint Paul, its officials, empioyees, agents and representatives aze named as Additional Insureds. 1. General LiabiliTy Insurance a) Bodily Injury Q Property Damage c) $ 1,500,000 each occurrence $ 3,000,000 aggregate $ I,SOO,OOQ each accident $ 3,00O,OOQ aggregate Policy must include an "all services, products, or completed operations" endorsement. 2. Automobile Insurance Kennedy and Graven agrees and warranties that any employee perForming service(s) under this cantract which requires that employee to drive their persona! vehicle shall carry and have in place at all fimes and for the duration af this contract, personal automobile insurance of the kinds and amounts required by the State of Minnesota. Currentty the minimum 1'units required are $30,0�0 per gerson/$6d,000 per accident bodily injury, and $2QQ00 groperty damage. 3. Workers Compensation and Employer's Liability a) 6} Worker's Compensation insurance caverage per Minnesota Statute F,mgloyer's Liability shall haue minimum Iimits of $SOQ,000 per aacident; $500,000 per emgIoyea $SOO,QQ� per disease policy limit. 4. Professional Liability Ins�uance $1,SQQ�OOQ per oceurrence �3,Qf3Q,a00 aggregate 5. General Inszara�zce I2equirements s} Tha gc�licp is to 6e wriEten aaa an Qecurrence b�.sis or as acoeptabla to the �ity, Gextzficate of insurance tn�st indieate if the policy is issued on a V I , �V � claims-made or occ�srence basis. AlI certificates of insurance shall provide that the City be given not Iess than thirty (30) days prior written nofice of cancellation, non-renewai or any material changes in the policy, including, but not limited to, coverage aznounts. Agent must state on the certificate if policy includes errors and omissions coverage. b) Kennedy and Graven shall not commence work until a Certificate of Insurance covering all of the insurance required for this project is approved and fhe project manager has issued a notice to proceed. Insurance must remain in place far the duration of the original contract and any extensions periods. c) The City reserves the right to review the insurance policies at any time, ta verify that City requirements have been met. d) Satisfaction ofpolicy and endorsement requirements for General Liability and Auto Insurance, of "each occurrence" and "aggregate" limits, can be met with an umbrella or excess policy with the same minimum monetary limits written on an occurrence basis, providing it is written by the same insurance carrier. SECTION lU. Independent Contractor. It is agreed by the parEies that, at atl times and for all ptuposes within the scope of this Agreement, the relationslup of the Kennedy and Graven to the City is that of independent contractar and not that of employee. No statement contained in this Agreement shaIl be construed sa as to find Kennedy and Graven, its employees, agents or offrcers to be an employee of the City, and Kennedy and Graven shalI be entitled to nane of the rights, privileges, or benefits of Saint Paul employees. SECT'ION ll. TerminsHon. A. T'his Agreement will cantinue zn full fQrce and effect until comgiedon of the services to be grovided have been eompleted harein unless either pacty terminates it at an earlier d�te. B. Either pazty may terminate the agreement witt� or without cause upon fifteen days written natiee. I,t. In the event of termination, the City will gay Kennedy and Graven Far alI serviees rend�red up ta the reeaigt a£ the nodce af tem�instion and thereafter emtil the date of temun�tion. Kennedy and faraven will deliver afl files and work groduct to the �ity grior to submitt�ug tha fmal invoiee far paycnent, 0 �q��a'I SECTION I2. Amendment or Changes fo Agreement. A. City or Kennedy and Graven may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensauon must be authorized in writing in advance by the City. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties. C. Modifications or additionaI schedules shall nat be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used harein shall be deemed to include any firture amendments, rnodifications, and additianal schedules made in accordance herewith. SECTION 13. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement shall be deIivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or ather cammunications shall be addressed as follows: To City: To Kennedy and Crraven: John Choi, Esq. �i osz� `fa.� City Attomey K z•��-z y + G�aven � 400CityHali �oo S �,y. SF.. S4•f� �f7 15 W. Kellogg Boulevazd � n,� � i. s �yi1;' S.S'S`a� Saint Paul, MN 55102 � SECTION 14. InterpretaHon of Agreement, Venne. Ttus Agreement shalI be interpreted and consErued according to the laws of the State of Minnesota. Ail litigation related to this Agreement shaIl be venued in the Disirict Court of the Caunty of Ramsey, Sacond 7udicial District, Skate of Minnesota. SECTIQN 15. �nfire Agreement. If is understoQd �ctd agreed that this entire Agreement sugersedes all ozal agreements and negotiations between the parcies reladng t¢ the sub�eet matters her�in. Oq-�b� IN WITNESS WHEREdF, the parties hereto aze authorized signatories and have executed this Agreement, the day and year first above written. CITY OF SAINT PAUL: �� , � �� • � City A orney Kennedy AND GRAVEN By� .,�^ Q. � Its ! � Director, O c of Financial Servi Apprpv d fForm: / A sistant City Attorney 0 Dti-�o1 CTTY OF SAIN'I' PAUL FINAL ORDER COi7'lTCII. FILE NQ_ � �� a� � BY . FII.E O. AE2d09-02 VOTING WARD In fhe Matter of acquiring the properiy rights needed for the Pierce ButIer East Extension Project, Phases I and II, between Grotto Street an the west and Westem Avenue on tiie east, for the public purpose of eatending Pierce Buder Route easferly to Phalen Boulevazd (see attached map}. Properties rights to be acqeured include: 630 Pierce BuUer Route — total acquisition (�'base � Southerly portion of BNSF Railway property between Dale St. and Arundel St — permanent easements (Phase n 388 Como Avenne — total acquisition (Phase 2) under Preliminary Order approved The Council of the City of Saint Paui has conducted a public hearing upon the above improvement, due notice thereof having been given as prescribed by the City Charter; and W13EREAS, The Council has heard all persons, objections and recommendations pertaining to said proposed improvemenf and has fiilly considered the same; now, therefore, be it RESOLVED, That the Council of the City of Saint Patil does hereby order that the above-described improvement be made, and the proper City officers aze hereby directed and authorized to proceed with the improvement; and be it FITI2TFIER RESOLVED, That tke Council hereby determines the real estate required for this improvement to be fee simpie, absolute and easements as described above, and the City officers aud City Attorney aze hereby authorized and directed to take all actions necessarp to acquire said real estate by direct purchase or eminent domain, including quick take; and be it RINALLY RESOLVED, That the Council hereby detemunes that the reaI property rights required for this improvement be as described abave, and that the proper City officers submit a regort to the City Council for the purpose of the Council's making an awazd of damaaes for the inTerest acquired on said real property rights. CQUNCILPERSONS Yeas 1Vavs � Bostrom ,/ CaRer _� Hazris � �„pn.¢ Heigen v Lantry �_ Stark i/ Thune Adopted by CouncIl: Date `r/dl�d t/ Certified Passed by Council Secretary � In Favor By � � _� Against Mayor C iDoc�aas and SeitinggiBmce Fngelb�ekt�Ivty bocuments\WOrk1AE2009.O5F0 doc D��01 ��3Ce a- SI3NIlYIARY OF ENGFNEERiNG I2ECOMMENDATIOI�S Pierce Butler East Extension Grotto Street to PhaFen Boulevard Right-af-R'ay Acquisifion Report Prepared — 03/fl3/2009 Public Hearing to be scheduled — 04/0112009 PROJECT: Acquire right-af-way far the proposed East Extension of Pierce Butler Route_ INITIATING AC°I'ION: This project is recommended in the City Council-adapted Thomas-Date (District 7) Small Area Plan and is being implemenied hy the Department of Public Works. PROPOSEDIMPROVEMENTS: It is proposed to extend e�sting Pierce BuUer Route from Grotto Street, appro�mately twa blocks east of Dale Street, connecting it to Phalen Boulevazd. at tfie east end. The new mad alignment wautd generally run south of and pazallel to the Burlington Nordaern Santa Fe Railmad alignment and along existing Empire Drive connecting the existing Pierce Butler Route to Phalen Boulevazd. creating a contiauaus east-west street connecting the Midway azea to the East Side. PROPOSED RIGHT OF WAY ACQUISITION: The right-of-way that is proposed to be acquired is 630 Pierce Butler Route (Golden Globe Infernational Market), the southerly portion of the BNSF property between Dale Sfreet and Arundel Street, both a part of Phase 1 of the proposed pro,ject, and 388 Como Avenue (formerly Irnown as A-1 Auto), Phase 2, as shown on the attached map. ADVERSE EFFECTS: Construction of the Pierce Butler East Extension will require acquisition of the properties at 388 Como Avenue and 630 Pierce Butler Route and relocation of the bnsinesses located there. The Czty of Saint Paul will provide relocation payments and services to owners of acquired properties in accordance with the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970, as amended and required under state law. TI1�L� SCHEDUL�: The property acquisition wilt begin in Yhe spring of 2009 and may caniinue fhrough early 2010. Construction is anticipated to begin in the early spriag of 201 l. oy�o7 �I-3� a- casT Esrrn��r�s: ��t fl�way Conshuction Praject Total ESTIlVIATED RINANCII�IG: Federal T'EA-21 State Bonding City MSA Assessments Project Total �s,oaa,000 $0 $S,OOO,OflO $0 $0 $5,000,000 $0 $5,000,000 SOURCE OF ADDTTIOIVAL INFORMATION: For additional information, contact Eriics Ludins, at 266-6204_ SUMMARY AND RECOMMENBATION: The DeparExnent of Public Works believes that tl�is is a necessary and wortfiwhile project and tfie Engineering Recommendation is for approval ofthe project and acquisition_ —� �^� �: L g � . � � � �� 'J] / �oe'� � � C � a"a` ti (_ sa+� � � �::_�: � �� M t =`—__ � -� i,aN�av — } � a J � }S. 1 � � 3 ��=�� , / � �� f � _e _ J�� : �� _e � � �� ;£� ,� � s�L �� I �, � �3§z 0 a� � � L 4 arveri u � � 4 � � 3 �� w � �a xm W .C� � S .� �� .J S� £m 1 5 3 M �e U n �^_ ��^ � � f ��t-3� �- it � � � t� I �F � I �' Y g � � o` �� e-; � � � ��g� � � �( a �� ill__,� �� 1 .� �; s.,� �$�� l� i� i` E uqaQ .� � S bsp i/ � � � ��°�a � afi�:3o: � a ....:5�� wa S� � �� o oe � � �o , a°§�a� ,00 , 3 , n� 8�� :�g� o°' ` � >. ', `' �� ' a°o°Qa�'kS°v3.c , D ��':�� ACo eo�tie ;` �. � � fS 1P`� � � [ :it� �� . 'd S •.[ �E ., -0�:::r. r �� . °� � �� 1 �� ; j i j g v e§ j ,� � � t :� _ ^ �� /_'—'^ r —� � � � , �� . �— � � � �... vz LELAND J. FRANKMAN {6727 3]5-1600 Christopher Coleman, Ivlayoz City of St. Pauf Office of the Mayor 39Q City Ha11 15 Ketlogg Boulevazd West Saint Paul, MN 55102 Melvin Carter, III Councilmember City of St. Paul 310-A City Hall 15 Kellogg Blvd., West Saini Paul, MN 55102 Lee Helgen Councilmember City of St. Paul 320-A City Half 15 Kellogg Blvd., West Saint Paul, MN S S I Q2 Russ Stark Councilmember City of St. Paul 310-D City HalI IS Kellogg Blvd., West Saint Paul, MN 55102 LEL.AIdD J. FRAI�'KMAN —ATTORNEYS AT LAW_ 2000 U.S. BANK PLAZA 220 SOU7H SIXTH STREET MINNEAPOLIS, MN 55402 (6'12) 375-7600 FAX (672) 335-3572 EMAf L UFMNIaw@aoLcom May b, 2009 Oq�gD� d9- 3.L� HARRY A. FRANKMAN D[RECTDIAL (6i2) 605-iO35 AL50 ADMITTED IN FLDRIOA Dan Bos�om Councilmember City of St. Paul 324-B City Hail 15 Kellogg Blvd., West Saint Paui, MN SS IO2 Pat Harris Councilmember City of St. Paul 310-C City HalI 15 Keilogg BIvd., West Saint Paul, MN 55102 Kathy Lantry Councilmember City of St. Paul 320-C City Hall 15 Kellogg Bivd., West Saint Paui, MN SS IO2 Dave Thune Councilmember City of St. Paul 310-B City Hall I S Kellogg Blvd., West Saint Paui, MIV 55102 Re: Yermolenko-388 Como Avenue South Public Hearing to be Held by the City Counc'sl of the Cify of Saint Paul May 6, 2009-Extension of Pierce Butler Route Dq-3G� I� '-� Dear Mayor and City Coimcil of tfie City of Saint Paul: I represent Capitol Caz Company and its owner Gennadiy Yermolenko. The City of Saint Paul desires to talce the property mentioned ai�ove for the extension of the Pierce Butler Route despite the faci that the City cannot show the requisite necessity for condemning the property. The fiinds have not been allocated for this acquisition, either. Even though the City has a"desire" to extend the Pierce Bufler Route, the City must show that is going to need the properry now or in the near future. The sub}ect property is noi even in Phase I of the Project. The City cannot simply "stockpile" properties while it looks for fiutding aad while it considers various options. See Regents of [he University of the University of Minnesota v. Chicago and Northwestern Transportation Company, 522 N.W. 2d 578. {Minn. App. 1996) 3'he $S,OOO,OOO.Od estimated by the City for acquisition o£ these properties is not a realistic number, and if one does a proper analysis of the value of these businesses and their relocation, $SO,OOO,QQ0.00 is a more realistic number. The City has not gone through a complete review of the costs of condemnation of not only my client's property, but of the other properties that need to be condemned. Minnesota Law also mandates relocation of tenants in the area. 1 have represented Iandowners for over 40 yeazs, and it is very likeIy that the acquisition cost, of a single properry alone could be over $5,000,060.00. My client has operated a business down the street from the subject location for years, and he has the respect and support of the citizens of District 7. The Planning Commission on Apri124, 2009 held a public hearing and approved the enlazgement of a nonconforming use on the praperty. He has shown that he and the neighbors oppose this project. They are wondering why the City is not tooking at alternative routes ifiat do not impact productive taspayers of the City. The most sexious concern is that the City by its own admission is trying to stockpile properties for a price below mazket value for a project not fully developed or funded LJF:af V y y u s, Leland J. Fr cc: Gennadiy Yermoienko Q9_3L3 May 6, 2049 St. Paul City Council Public Hearing I S West Kellogg Blvd. St. Paul, NIN 55101 �':ii In 2005 the District 7 Planning Conncil submitted an Area Plan that expressed a desire to see Pierce Butler Route extended from Dale St. to 358. In August of 2007 the City Council adopted that plan in to the City's Comprehensive Plan. At no time was the current proposed route, nuuiing through Daisy Haung's business (630 Pierce Butler), ever presented to you or to the community. For over b years the original route always went along the tracks to the North of Ms. Haung's business. � Puhlic Works has clauned that they came ta a conclusion to change the route in eazly 2007. I have spoken to the Dish'ict 7 emplayee and the resident that sat on the task force that convened at that time. They claim that no conclusion had been made and that they were promised a full community meering before the project moved forward. Public Works lost its staff persan, in charge of this project, and it lay donnant for almast a year. In that time, Ms. Haung was never told that the city was interested in her properiy. In that time, she expanded her business from a warehouse to a full retail grocery store and mall. She created space for merohants and restaurateurs totaling 55 families. To do this she spent months securing City building permits, licenses, and a parlang variance. Not once did any of the city employees involved in those processes ever teil Ms. Haung that her endeavor was futile. She pared millions of doilars into a business and a community that needed her inspirarion. Now, less than 6 months Iater, we're here discussing the demolition of her dream. And don't think for a second that it is about money. Those 55 families that started their small businesses, within her mall, put �eir lives on the line. Sure they might be adequately compensated, but then where do they go? They have aiready found a home and wish not to leave. Down the street at 388 Como the same thing was happeniug. Mr. Yermolenko bought an ugly, run down building. He had a vision to re}�lace 1fPage d9-3Ga pc�-gb� it with somet7�ing mare pleasing to the eye and that aLso generaied �nore employment for our community. The site was in bad shape. He spent thousands of dollars cleauing it up and demolishing the dilapidated building. He also was required ta pull permits for tfiis clean up and demolition. Again, not once did anyone at the city mention your future plans. Sure he might be adequately compensated, but then what. How long will Frogtown stare at a huge empty lot, producing nothing, but dust? i love watching St. Paul Neighborhood Network. Recently, I was inspiresi by the discussion of the 3M site. �'he work that the Port Authority and you are doing there is amazing. I saw maps, plans, 3D computer images with city staff from mulfiple departments, developers, and commuuity residents all working tagether towards a vision_ Most important, I saw options and a chance to choose what they wanted. The neigl�borhood does not blame Pubfic Works for the lack of communica.tion an Pierce Bufler. The Transportation Bngineers are doing the best they can with the resources they have been given. But, that leads me #o a question and the point I am here to make. "Where is the rest of the City on this project?" Transportation Engineers are very good at building roads; width, depth, and Iength. Whatever is in the way, it's just tttat, in the way. They 1�►ow how to move cars and trucks from one place to another with efficiency and ease. Frogtown has grown accustom to that process. In the 1990's Dale Street was widened. Businesses were destroyed and it became a lot more difficult to cross the street. Trucks seem to love it and speed through our neighbarhood in large volumes. Ctiurently we are debating Light Rail Transit on University. Lord only knows what that will do. But the money is there to spend, so we spend it. W e understand that Publia Wozks has found some money ta expand Pierce Butler. Unfortunately, it is only enough to connect t�e road to Dale Street and �inish at Arundel Street. This will dump traffic deeper and more directly into Frogtown neighborhood streets. T7us also fa1Is a block short of 388 Como, which will be taken in hopes that some day you will find enaugh money to finish this project. Nat to mention, the fact that finishing this 2�Page d9�3�� prolect also means demoiislung Veolia Waste Management, one of our �� largest employers and home to our annual community clean up. Back to my questiou: "W3iere is the rest of the City?" Once yau take our successful businesses, what replaces them? How do we know that this project will not just be another line dividing Frogtown from the zest of the city? The resident's interest in this road was always simple. "Create a connectzon that will reduce the truck irafFic in our neighborhoods: ' Not only does tius plan not deliver on that hope, it creates a future for Frogtown that makes it a place to drive though rather than stop in. Don't start this ball rolling today. Take a step back. Money always seems to come and go. But I promise you; there will be more money. Good money. Funding that can be collected for a project that unifies Frogtown around something grand. Frogtown's history and pride is too unportant to just follow the maney, so let's work on something that brings us stability. Thank you. Respectfully submitted by: Tait A. Danielson Castillo Executive Director District7 Planning Council 533 N. Dale St. St. Paul, MN 55103 � �- ��- / � 3�Page