D002381CITY OF SAINT PAUL
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OFFICE OF THE MAYOR
ADMINISTRATIVE ORDER
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Date. 3 -I9-a�
ADNIDVISTRATIVE ORDER,
BE IT HEREBY ORDERED, that the proper City officials aze authorized and directed to renew for another
year Lease Agreement PW/47 with the District 11 Community Council and Midway Green Spirit
Gazdeners, which provides garden plots for nearby residents on vacant land taken for right-of-way at
Hamline Avenue and Pierce-Butler Route.
APPROVED AS TO FORM
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Assistan ity Attorney
Date
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pW — Public works
Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Contact Person 8 Phone:
Dave Nelson . (
on Councii Agenda by (Date):
12-AAAR-64
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Assign
Number
For
Routing
Order
Green Sheet NO: 205799
0 ablic W rks � �
1 ity Attomev � Meehan Rilev � V
2 blic Works Bruce Beese ��
3 �'�RublicWorks I DeoartnentDirector I
4 � a or's Office Ma or/Assistant
5 itv Ckrk I i
Total # of Signature Pages _(Clip AII Locations for Signature)
Action Requested:
To authorize the renewal of I,ease Agreement PW/47 providing garden plots at Hamline and Pierce Butler for nebghborhood residents
for another yeaz.
idations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects
1. Has this personffirm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this personffirtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Lease Agreement PW/47 expired on Octota�r 31, 2003
Advantapes If Approved:
Neighborhood residents will have gazden plots for another yeaz.
DisadvantapeslfApproved:
None
Disadvantages If Not Approved:
There would be no gazdens.
CosURevenue Budgeted:
Fundina Source: N/A
Activity Number: N//�
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Financial I nformation:
(Explain)
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Revised
Authority (C.F. or A.O.)
LEASE NO.
FINANCE DEPT. LEASE NO. PW/47
DATE: March 1, 2004
LESSOR: CITY OF SAINT PAUL
DEPARTMENT OF PUBLIC WORKS
LESSEE: DISTRICT 11 COMMUNITY COUNCIL
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CITY OF SAINT PAUL
STANDARD LEASE
AGREEMENT
[1] Leased Premises. The LESSOR, in consideration of the payment of the Basic Rent and Additional
Rent hereinafter specified to be paid by the LESSEE, and the covenants and agreements herein
contained, does hereby lease; demise and let unto LESSEE the premises hereinafter referred to as
the "Leased Premises," which is legally described as:
all that part of Block l, College Place lying southwesterly ofthe southwest right-of-way line
of Pierce-Butler Route
See Exhibit "A'', plan or map of leased area which is incorporated herein by this reference.
[2] Term of Lease. This lea�e� shall be in effect for a term comriiencing and ending on the dates
indicated below, unless'ferminated earGer by the LESSOR as_provided herein.
Term
(Months/Yeazs)
Seven Months
[3]
[4]
Commencing Date
April 1, 2004
Ending Date
October 31_ 2004
Use of Premises. The LESSEE sha11 use and occupy the Leased Premises for tiie following purpose:
Communitv ¢ardens to be mana�ed bv Midwav Green Spirit Gardeners, on behalf of the LESSEE
and in accordance with the conditions specified in this aareement,
and for no other purpose without the priar written consent of LESSOR.
Rent.
(A) Basic Rent In lieu of Basic Rent, the LESSEE agrees to provide to the residents of District
11, on a non-profit basis and in full compliance with Parab aph [22] of this agreement,
gazden plots and any services essential to the said garden plots, chazging far such provision
only what may be required to offset expenses incurred.
Page 1 of 9
• (B) Additional Rent. Additional Rent means all amounts, other than Basic Rent provided for
in pazagraph (4-A) above, that LESSEE shall be obligated to pay under this pazagraph or
other provisions of this Lease. Additional Rent shall inciude, but is not limited to, the
following fees, costs and expenses:
(1) ali utilities, including water, electric, gas, telephone, sewage and gazbage collection
and disposal;
(2) costs for the repairs, improvements or alterations required to be made by the LES SEE
in paragraph 11 of this Lease;
(3) all tases on realty or personalty, general or special;
(4) all public rates, dues, charges and assessments, general or special, of any kind upon
the Leased Premises; and
(5) property insurance premium and/or uninsured losses as set forth in pazagraph (7) of
this Lease.
In the event that LES SEE does not make such payments (or any payments required to be paid
as Additional Rent), LESSOR may make the payments at its option, and the payments so
paid become Additional Rent, and are due and payable by the LESSEE with the payment of
Basic Rent next required afrer written notice of same to the LESSEE by LESSOR.
. [5] Taxes. LESSEE shall be responsible for and pay all taxes and assessments against the Leased
Premises, except that LESSEE may at its own expense contest and challenge the imposition or
amount of any such tax or assessment as prescribed by law; provided, however, that in the event this
Lease is terminated by either party, LESSOR may at its option require the LESSEE to pay such
contested taxes pending appeal, to place in escrow a sum sufficient to pay said t�es, or take other
action that will remove said contested taxes as an encumbrance to title or as an exception to the
transferability of marketable title to the Leased Premises.
[6] Right of Entrv. At all times during the term of this lease, the LESSOR shall have the right, by itself,
its agents and employees, to enter into and upon the Leased Premises during reasonable business
hours or, in the event of an emergency, at any time for any legitimate purpose.
[7] Insurance.
(A) LESSOR'S Insurance. The LESSOR shall acquire and keep in effect during the term ofthis
agreement the following coverages:
(1) FIRE AND ALL RISK INSURANCE, on the Leased Premises with limits ofnot less
than �shall be purchased by the LESSOR; the LESSEE shall pay, as Additional
Rent, the premium for said insurance and, in the event of a claim, any deductible.
Said insurance shall name the City of Saint Paul as the insured. With respect to any
loss ofthe LESSOR'S property not covered by insurance, it shall be the responsibility
of the LESSEE, within a reasonable time, to pay all costs to repair or replace the
• damaged property with like kind, such reasonable time to be determined by the
LESSOR. LESSEE shall be responsible for insurance of its own property.
Page 2 of 9
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(B) LESSEB'S Insurance. The LESSEE shall acquire during the term of this lease the following
coverage:
(1) The LESSEE shall be responsible for the self insurance of, or the acquisition of
Commercial Property Insurance on, its personal property.
(2) COMMERCIAL GENERAL OR PUBLIC LIABILITY INSURANCE including
bianket contractual liability coverage, personal injury liability coverage and broad
form property damage liability endorsement with a combined single limit ofnot less
than $1,000,000, per occurrence, $2,000,000 aggregate, shall be purchased by the
LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional insured;
(b) be primary with respect to LESSOR'S insurance or self-insurance; (c) inciude an
"all services, products or completed operations" endorsement ,(d) not exclude
explosion, collapse and underground properiy damage; (e) be written on an
"Occurrence" Form policy basis; and (fl not contain an"aggregate" policy limit
unless specificaliy approved in writing by LESSOR.
(3) The LESSEE shall supply to LESSOR current insurance certificates for policies
required in Paragraph (7). The said certificates shall ceriify whether or not the agent
has errors and omissions insurance coverage.
• (4) The limits cited under each insurance requirement above establish minimums; and
it shall be the sole responsibility of the LESSEE to purchase and maintain additional
insurance that may be necessary in relation to this lease.
(5) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory
limits or exceptions on liability.
(6) LESSEE shall place the insurance with responsible insurance companies authorized
and licensed to do business in the State of Minnesota and approved by LESSOR, and
shall deliver copies of the policies to LESSOR on the date of LESSEE'S execution
of this agreement. The policies required in paragraph (7) shall be endorsed to indicate
that the insurer cannot cancel or change the insurance without first giving the
LESSOR 30 days' written notice.
(7) Insurance limits shall be subject to the tort claims liability limits as set forth in
chapter 466 of Minnesota Statutes.
(C) Waiver of Subro ation. LESSOR waives its zight of subrogation for damage to the Building,
contents therein, loss of use thereof, and/or loss of income, up to the amount of insurance
proceeds collected. LESSEE waives its right of subrogation for damage to property in the
Leased Premises, loss of use thereof, loss of income and/ar accounts receivable, up to the
amount of their respective insurance proceeds collected. The parties shall notify their
respective insurance companies, in writing, of the provisions of this paragraph; and, if either
• cannot waive its subrogation rights, such party shall immediately notify the other party, in
writing.
Page 3 of 9
[$] Cancellation or Terminafion. This lease shall be subject to cancellation and termination by
• LESSOR at any time during the term hereof by giving the LESSEE notice in writing at ninety (90)
days, (thirty (30) days for leases with a term of one (i ) yeaz or less or any month-to-month tenancies)
prior to the date when such termination shall become effective. In the event of such termination, and
on the effective date of such temunation, LESSOR shall retum any unearned rental paid by the
LESSEE without interest.
[9] Notice. All notices herein provided to be given, or that may be given by either party to the other,
shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or when
made inwriting and deposited inthe United States Mail, certified andpostage prepaid, and addressed
to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division,140
City Hali, Saint Paul, Minnesota 55102. The address to which the notice shall be mailed may be
changed by written notice given by either parry to the other. Nothing herein shall preclude the giving
of such address change notice by personal service.
[10] Assignment and SublettinQ. LESSEE shall not assign or sublet this Lease without the written
consent of the LESSOR, which consent must be obtained prior to the execution of any agreement
to sublease the Leased Premises.
[11] Maintenance and Re airs. LESSEE and Midway Green Spirit Gazdeners, at their own cost and
expense, sha11 be responsible for all maintenance and upkeep of the Leased Premises, including but
not limited to maintenance ofplantings and hedges and turfcovered paths within the garden area and
for any signage, fencing or structures within the garden area; and shall be responsible for
• maintenance of compost bins and the removal of plant material and trash generated by garden
operations.
LESSOR shall be responsible for mowing any turf covered areas not within the garden azea and for
maintaining all trees and shrubs existing as of the date of commencement of this Lease and for the
removal of any trash not generated by garden operations (i.e. illegal dumping).
[12] Pavments in Case of Default. LESSEE shall pay LESSOR all costs and expenses, including
reasonable attorney's fees in any action brought by LESSOR to recover any rent due and unpaid
hereunder, or for the breach or default of any ofthe covenants or agreements contained in this Lease,
or to recover possession of said property, whether such action progresses to judgment or not.
[13] Surrender of Premises. The LESSEE, at the expiration of said term, or any sooner termination of
this lease, shall quit peacefully and surrender possession of said property and its appurtenances to
LESSOR in as good arder and condition as the property was delivered to the LESSEE.
[14] Indemnitv. The LESSEE agreesto indemnify, defend, save and hold harmless the City of Saint Paul
and any agents, officers and employees thereof from all claims, demands, actions or causes of action
of whatsoever nature or character, azising out of or by reason of the Lease of the herein described
Leased Premises by the LESSOR to the LESSEE, or the use or condition of the Leased Premises or
as a result of the operations or business activities taking place on the Leased Premises. It is fully
• understood and agreed that LESSEE is aware of the conditions of the Leased Premises and leases
the same "as is."
Page 4 of 9
[15] Holdover. Any holdover after the expiration of the term of this Lease shall be allowed only after
• receiving the written consent of the LESSOR. Said tenancy shall be deemed to be a tenancy only
from month-to-month. All other terms and conditions of this Lease shall be applicable.
[16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and
regulations enacted by any governmental body or agency relating to the control, abatement or
emission of air and water contaminants and the disposai of refuse, solid wastes or liquid wastes.
LESSEE shall beaz all costs and expenses arising from compliance with said ordinances, laws, rules,
or regulations and sha11 indemnify, defend, save and hold harmless LESSOR from all iiability, in-
cluding without limitation, fines, forfeitures, and penalties arising from the failure by LESSEE to
comply with such ordinances, laws, rules or regulations. LESSOR has the right to perform cleanup
and chazge the LESSEE as Additional Rent for such costs should the LESSEE fail to comply.
[17] Controlling Lease. In the event there is any prior existing lease or rental agreement between
LESSEE and LESSOR (or its predecessor in interest) covering the subject properiy, it is agreed and
understood that this Lease shall cancel and terminate any prior leases or rental agreements as of the
effective date ofthis lease.
(18] Destruction. In the event of damage to or destruction of the Leased Premises or in the event the
premises becomes untenantable or unfit for occupancy due to such damage during the term of this
Lease, LESSOR may at its option:
(A) terminate the lease upon fifteen (15) days' written notice to LESSEE; or
. (B) within fifteen (15) days agree to restore the premises within a reasonable time period
following the casualty, charging the costs in excess of the insurance proceeds, if any, to the
LESSEE as Additional Rent; or
(C) may direct that LESSEE promptly restore the Leased Premises to substantially the condition
existing immediately prior to such damage or destruction, and for that purpose, if such dam-
age or destruction was caused by perils insured against the LESSOR shall make available to
LESSEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds
are insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a
lump sum payxnent (or in a form agreed upon by the LESSOR) equal to the remainder of
such cost.
The Basic Rents to be paid during the restoration period shall be abated in proportion to the
percentage of loss and impairment of the use of the Leased Premises as determined by the
LESSOR, times the number of days of loss or impairment.
[19] Events of Default. The occurrence of any of the following events during the term ofthis Lease shall
constitute an event of default by the LESSEE:
(A) the filing of a petition to have LESSEE adjudicated banitrupt or a petition for reorganization
or arrangement under any laws of the United States relating to bankruptcy filed by LESSEE;
• (B) in the event a petition to have LESSEE adjudicated bankrupt is filed against LESSEE, the
failure to dismiss such petition within ninety (90) days from the date of such filing;
Page 5 of 9
(C)
•
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the assets of LESSEE or of the business conducted by LESSEE on the Leased Premises be
assumed by any trustee or other person pursuant to any judicial proceedings; -
LESSEE makes any assignment for the benefit of creditors;
the failure by LESSEE to timelypay Basic Rent or Additional Rent as required by this Lease;
the failure by LESSEE to observe and perform any covenant, condition or agreement on its
part to be observed or performed as required by this Lease; or
(G) the failure by LESSEE or its surety to dischazge, satisfy or release any lien or lien statement
filed or recorded against the Leased Premises within sixty days after the date of such filing
or recording, whichever date is eazlier.
It is an express covenant and agreement ofLESSOR and LESSEE that LESSOR may, at its election,
terminate this Lease in the event of the occurrence of any of the events described in this pazagraph
or in paragraph (22) relating to liens by giving not less than ten days' written notice to LESSEE; and
when so terminated, LESSOR may reenter the Leased Premises. This Lease and its Leased Premises
shall not be treated as an asset of LESSEE'S estate. It is fiirther expressly understood and agreed that
LESSOR shall be entitled upon such reentry, notwithstanding any other provision of this Lease, to
exercise such rights and remedies as aze provided in Paragraph (24) of this Lease.
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(20] Compliance with Laws. The property described herein may be used for only the purposes stated
herein. It is the sole and exclusive responsibility of the LESSEE in the use of the property to comply
with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting the use to which
the property is proposed to be put. Inability or failure by the LESSEE to comply with any of said
laws, rules, regulations or ordinances will not relieve the LESSEE of the obligation to pay the rental
provided herein.
[21] Non-Discrimination. The LESSEE for himself, his personal representatives, successors in interest
and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant
running with the land, that
(A) no person, on the ground of race, sea, color creed, religion, sexual or affectional orientation,
age, disability, marital or familial status, status with respect to public assistance or national
origin or ancestry shall be excluded from participating in, be denied the benefits of or be
otherwise subjected to discrimination in the use of said facilities;
(B) that in connection with the construction of any improvements on said lands and the
furnishing of services thereon, no discrimination shall be practiced in the selection of em-
ployees and contractors, by contractors in the selection and retention of first tier subcontract-
ors, and by first-tier subcontractors in the selection and retention of second-tier subcon-
tractors;
(C) that such discrimination shall not be practiced against the public in its access in and use of
the facilities and services provided for public accommodations (such as eating, sleeping, rest
and recreation) constructed or operated on the Leased Premises; and
•
(D) that the LESSEE shall use the premises in compliance with all other requirements imposed
pursuant to the Saint Paul Legislative Code Chapter 183.
Page 6 of 9
. [22] Liens. The LESSEE shall not pernut mechanic's liens or other liens to be filed or established or to
remain against the Leased Premises for labor, materials or services furnished in connection with any
additions, modifications, improvements, repaus, renewals or replacements made to the Leased
Premises, or for any other reason; provided that if the LESSEE shall first notify the LESSOR of its
intention to do so and shall deposit in escrow with the LESSOR a sum of money or a bond or
irrevocable letter of credit acceptable to the LESSOR equal to the amount of the claim of lien,
LESSEE may in good faith contest any such claims or mechanic's or other liens filed or established
and in such event may permit the items contested to remain undischarged and unsatisfied during the
period of such contest. If, in the opinion oftke LESSOR, the nonpayment of any such items subjects
the Leased Premises to any loss or forfeiture, the LESSOR may require the LESSEE to use the es-
crow account to promptly pay a11 such unpaid items and if LESSEE fails to pay from the escrow
account, the LESSOR may pay and charge the LESSEE as Additional Rent.
[23] Eminent Domain. In the event the entire Leased Premises are taken by eminent domain, or such
portion thereof is so taken that in LESSEE'S reasonable judgement it is uneconomic thereafter to
restore the Leased Premises and proceed under the terms and provisions of this Lease, LESSEE may
terminate this Lease by giving to LESSOR thirty days' written notice of termination, effective as of
the date on which the condexnning authority acquires legal title or physical possession of the Leased
Premises. LESSEE hereby waives and releases any claim to or share in the Award of Compensation
for the taking, notwithstanding any other provision of law, this Lease or any other agreement.
LESSEE may to the extent otherwise permitted in the eminent domain proceeding, remove its own
trade fixtures at its own expense.
• [24] Default Remedies. In the event an Event of Default occurs under pazagraph (19) of this Lease,
LESSOR may exercise any one or more of the following remedies:
(A) reenter and take possession ofthe Premises without termination of this Lease, and use its best
efforts to ease the Premises to or enter into an agreement with another person for the account
of LESSEE;
(H) ternunate this lease, exclude LESSEE from possesion of the Pcemises, and use its best
efforts to lease the Premises to or enter into an agreement with another in accordance with
applicable law;
(C) exclude LESSEE from possession of the Premises, with or without terminating this Lease
and operate the Premises itself;
(D) terminate the Lease, exclude LESSEE from possession of the Leased Premises, sell all or any
part of the Premises at the best price obtainable (provided such sale is permitted by applic-
able law,) such sale to be on such terms and conditions as the LESSOR, in its sole discretion,
shall determine and apply the proceeds of such sale less any expenses thereof for the account
of the LESSEE.
(E) exercise any remedies available to it under the Minnesota Uniform Commercial Code;
(F) take whatever action at law or in equity may appear necessary or appropriate to collect the
• Basic Rent and Additional Rent then due and thereafter to become due, or to enforce
performance and observance of any obligation, agreement or covenant ofthe LESSEE under
this Lease.
Page 7 of 9
• (G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not
the Lease is then in effect, hoid the LESSEE liable for the difference between the payments
and other costs for which the LESSEE is responsible under this Lease.
No remedy herein conferred upon or reserved to LESSOR is intended to be exclusive of any other
available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to
every other remedy given under this Lease or now or thereafter existing at law or in equity by statute.
No delay or omission to exercise any such right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and power may
be exercised from time to time and as often as may be deemed expedient. In order to entitle the
LESSOR to exercise any remedy reserved to it in this Provision, it shall not be necessary to give any
notice, other than such notice as may be herein expressly required.
[25] Default of Payment. LESSEE agrees that, should it default on any payment owing and due to be
paid to LESSOR as provided in this agreement, including but not limited to Basic Rent and
Additional Rent, then the remaining unpaid balance shall, at the option ofthe LES SOR, immediately
become due. Said LESSEE further agrees that the LESSOR may, at its option and without notice to
LESSEE, enter judgment against LESSEE in Ramsey County District Court for the amount of the
unpaid balance. And LESSEE does hereby confess judgment in the amount of the unpaid balance
due upon default, and does authorize the LESSOR to enter judgment as provided above. LESSEE
does hereby agree that the LESSOR, at its option, may enter a judgment, at any time within one year
of the time the last payment shall have come due, for the full amount of the unpaid balance due
• pursuant to the confession of judgment provided herein.
[26] Installation of Fence. The LESSOR shall not install any fence within 15.00 feet of the curb.
[27] PlantinES. Plantings within 15.00 feet of the curb shall comply with the boulevard planting
ordinance: Section 105.04 of the Saint Paul Legislative Code, see "Exhibit "B", which is
incorporated herein by this reference.
[28] Amended. Anything herein contained to the contrary not withstanding, this Lease may be
terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of the
parties hereto.
•
Page 8 of 9
. OIN WIT�tESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz in this Lease
first above-written.
LESSOR:
Mayor
City Clerk
Director — Office of Financial Services
Departrnent DirecYor
•
City Attomey (Form Approval)
LESSEE:
Its
MIDWAY GREEN SPIRIT
GARDENERS
• Its
Page 9 of 9
Chapter 105. Caze and Maintenance of Boule��� B
Chapter 105. Care and Maintenance of Boulevards
• • Sec. 1O5A1. Dumpinq, obstructions.
• Sec. 105.02. Vehicles, etc.
• Sec. 105.03. Shrubberv removal.
• Sec. 105.04. Boulevard piantinq.
Sec. 105.01. Dumping, obstructions.
Page 1 of 2
It shall be unlawful for any person to throw or deposit, or cause to be Fhrown or deposited, any garbage or
other waste material upon any part of any boulevard or street lawn within the corporate limits of the City of
Saint Paul; further, it shall be unlawful for any person to erect or maintain any booth or structure of any kind
whatever upon any of said boulevards or streat lawns, or any other obstruction thereon.
(Code 1956, § 206.01)
Sec. 105.02. Vehicles, etc.
It shall be unlawful for any person, firm or corporation to cause or permit any vehicle to be run or driven
upon any sodded boulevard within the City of Saint Paul, except for state fair parking (as defined in secYion
60.219) and which occurs within the speciai overlay zoning district known as "State Fair Parking DistricY' as
estabtished in section 60.711, or otherwise to injure or deface such boulevard. The exception for state fair
parking shall not apply to any Minnesota state trunk highway.
(Code 1956, § 206.02; Ord. No. 17753, § 2, 7-17-90)
Sec. 105.03. Shrubbery removal.
It shall be unlawful for any person to deface, destroy, cut down or remove any of the trees or bushes growing
or being maintained in or upon any boulevard or street lawn within the corporate limits of the City of Saint
Paul without having first obtained the permission and authority from the department of community services
so to do; provided, however, that this section shall not appiy to any act done or work performed under the
• direction and authority of the director of public works.
(Code 1956, § 206.03)
Sec. 305.04. Boulevard planting.
(a) Purpose. It is the purpose and intent of the City of Saint Paul to allow property owners to plant and
maintain the boulevard areas adjoining their property in a manner which enhances and improves the
aesthetic appearance of city streets, avenues and alleys.
(b) Definitions.
Boulevard shall mean the public right-of-way lying between the property line and sidewalk, and between the
sidewalk and the roadway, or where no sidewalk exists, between the property line and the roadway.
Noxious weeds shall mean the annual, biennial and perennial plants which are deemed by the commissioner
of agriculture to be injurious to public health, environment, public roads, crops, livestock and other property,
as set forth in Minn. Rules 1505.0730, including but not limited to: Convolvulus arvensis (Field Bindweed),
Cannabis sativa (Hemp), Rhus radicans (Poison ivy), Euphorbia esula (leafy Spurge), Sonchus arvensis
(perenniai Sow thistle), Cirsium vulgare (bull Thistle), Cirsium arvense (Canada Thistle), Carduus nutans
(musk Thistle) and Carduus acanthoides (plumeless Thistle).
(c) Plantings permitted. A property owner in the City of Saint Paul shall be permitted to plant, care for and
maintain gardens on the boulevards adjacent to their property, subject to the restrictions set forth below.
(1) Plantings may not exceed thirty-six (36) inches in height. Plantings within thirty (30) feet of any
intersection as measured from the property line; or within five (5) feet of any ailey, or driveway approached
as measured from the end of the radius or within five (5) feet of a public utility fixture may not exceed
eighteen (18) inches in height. Plantings shall be limited to eighteen (18) inches in height within ten (SO) feet
of the curb on street sections that do not have parking lanes, or on street sections or portions of street
sections where'rush hour or 24 hour no parking' restrictions apply.
(2) Plantings must be maintained in such a way that there is no overhang or encroachment onto the
sidewalk, curb or street area.
• (3) Pfantings may include flowers, vegetables and other plants, but in no event shall any noxious weed be
planted or maintained.
(4) No herbicides, pesticides and/or fertilizers may be used in the maintenance of gardens under this section
without written approval of the city forester, which approval shall contain the type and amount of said
http://www.ci.stpaul.mn.us/code/lc lOS.htm1 3/1/04
Claapter 105. Caze and Maintenance of Boulevards
herbicide, pesticide and/or fertilizer which is permitted.
Page 2 of 2
(5) No garden shall be planted on the boulevard without written documentation that the property owner has
• contacted "Gopher State One Call" for utility locations forry-eight (48) hours before digging, and has planned
plantin9s which will not interfere with said utiiities.
(d) Compliance requi�ements. The department of neighborhood housing and property improvement, shall
have the authority to investigate boulevards to determine compliance with this section. For any property
deemed to be in violation, the enforcement officer shall give notice of the alleged violation to the property
owner, following the procedures set forth in section 45.10 of the Saint Paul Legislative Code. The department
of neighborhood housing and property improvement may additionally determine whether a planting otherwise
in compliance with this chapter nonetheless poses a nuisance or hazard, and may take action to abate such
nuisance or hazard.
(e) Public works and utilities. Notwithstanding the foregoing, aIl such boulevards remain public property and
subject to the right of the city to perform necessary work, to plant, trim and otherwise maintain trees, to
access utilities and to store extess snow. In the event the ciry interferes with boulevard plantings in the
course of such work, it shall be responsible only to restore the boulevard to the original grassy state by use
of black dirt and grass seed. In no event shall the city be liable for any damage Yo, disruption of or removal of
plantings, either direct or indirect, as a result of the city, its empioyees, agents or contrectors performing any
installation, maintenance or repairs. Further, the city shall have the right to remove or restrict any plantings
that are deemed to interfere with the safery of pedestrians and motorists.
(C.F. No. 96-892, § 1, 9-30-96; C.F. No. 99-1034, § 1, 11-10-99; C.F. No. 02-570, 5-28-03; Ord. No. 03-
887, § 8, 11-5-03)
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http://www.ci.stpaul.mn.us/code/lc l OS.htm1 3/1/04