D002596�
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ADMINISTRATIVE ORDER,
CITY OF SAINT PAUL
OFFICE OF THE MAYOR
ADMINISTRATIVE ORDER
No: D �5 (p
Date: �������
LET IT BE HEREBY ORDERED, that the proper City officials are authorized and directed to
renew for another year, Lease Agreement PW/47 with the District 11 Community Council and
Midway Green Spirit Gardeners, which provides garden plots for nearby residents on vacant
land taken for right-of-way at Hamline Avenue and Pierce-Butler Route.
APPROV AS TO FORM
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Ass' t City Attorney
Finance Director
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Date PW De t. Head Date
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Mayor
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(pw47)
Revised
Authority (C.F. or A.O.)
LEASE NO.
FINANCE DEPT. LEASE NO. PW/47
DATE: March 17 2006
LESSOR: CITY OF SAIlVT PAUL
DEPARTMENT OF PUBLIC WORKS
LESSEE: DISTRICT 11 COMMUNITY COUNCIL
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CITY OF SAINT PAUL
STANDARD LEASE
AGREEMENT
.[lj Leased Premises. The LESSOR, in consideration ofthe payment ofthe 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:
ail that part of Block 1, College Place lying southwesterly of the southwest right-of-way line
of Pierce-Butler Route
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See E�ibit "A", plan or map of leased area which is incorporated herein by this reference.
Term of Lease. This lease shall be in effect for a term commencing and ending on the dates
indicated below, unless terminated eazlier by the LESSOR as provided herein.
Term
(Months/Yeazs)
Seven Months
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[3)
Commencing Date
April 1, 2006
Ending Date
October 31, 2006
Use of Premises. The LESSEE sha11 use and occupy the Leased Premises forthe followingpurpose:
Communitv eazdens to be manaeed by Midway Crreen Snirit Gardeners on behalf of the LESSEE
and in accordance with the conditions soecified in this agreement
and for no other purpose without the prior written consent of LESSOR.
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�4J ` Rent.
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(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 Pazagraph [22] of this agreement,
garden plots and any services essential to the said gazden plots, charging for such provision
only what may be required to offset eapenses incurred.
(B) Additianal Reat 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 include, but is not limited to, the following
fees, costs and expenses:
tl)
�2)
(3)
(4)
(5)
all utilities, including water, electric, gas, telephone, sewage and gazbage collecfion
and disposal;
costs for the repairs, improvements or alterations required to be made by the LESSEE
in pazagraph 11 of this Lease;
all taaces on realty or personalty, general or special;
all public rates, dues, chazges and assessmems, general or special, of any kind upon
the Leased Premises; and
property insurance premium and/or uninsured losses as set forth in pazagraph (7) of
this Lease.
In the event that LESSEE 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 ne�rt required after written notice of same to the LESSEE by LESSOR.
[5] Taxes. LESSEE sha11 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 tas or assessment as prescribed by law; provided, however, that in the event this
Lease is temunated by either pariy, LESSOR may at its option require the I,ESSEE to pay such
contested tazes pending appeat, to place in escrow a sum sufficient to pay said taxes, or take other
acfion that will remove said contested taa�es as an encumbrance to title or as an excepfion to the
transferability of mazketable title to the Leased Prexnises.
[6] Riaht of Entrv. At all times during the term of this lease, the LESSOR shall ha�e the right, by itself,
its agents and empioyees, to enter into and upon the Leased Premises duriug 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 of this
agreement the following coverages:
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(1) FIRE AND ALL RISK INSiJRANCE, on the Leased Premises with limits of not less
than $ shall be purchased by the LESSOR; the LESSEE sha11 pay, as Additional
Rent, the premium for said insurance and, in the euent of a claun, any deductible.
Said insurance shall name the City of Saint Paul as the insured. With respect to any
loss of the LESSOR'S properiy not covered by insurance, it shall be the responsibility
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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 inc„ra„ce of its own property.
(B) LESSEE'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) COr�IIvIE12CIAL GENERAL OR PUBLIC LIABIIdTY Il�iSURANCE including
blanket contractual liability coverage, personal injury liability coverage and broad
form properry damage liability endorsement with a combined single limit of not less
than $1,000,000, per occutrence, $2,000,000 aggregate, shall be purchased by ttte
LESSEE. Such insurance shall: (a) name the City of Saint Paul as additional 'vnsured;
(b) be primary with respect to LESSOR'S insurance or self-insurance; (c) include an
"all services, products or completed operations" endorsement ,(d) not exclude
ea�plosion, collapse and underground properly damage; (e) be written on an
"Occurrence" Form policy basis; and (fl not contain an"aggregate" policy limit
unless specifically approved in writing by LESSOR.
• (3) The LESSEE shall supply to LESSOR current insurance certificates for policies
required in Pazagraph (7). The said certificates shall certify whether or not the agent
has eaors and omissions insurance coverage.
(4) The lnnits cited under each insurance requirement above establish m;n;mums; and it
shall be the sole responsibility of the LESSEE to purchase and maintain additional
insurance that may be necessazy in relation to this lease.
(5) Nothiug 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 5tatutes.
(C) Waiver of Subro a�tion. LESSOR waives its right 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/or 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 pazagraph; and, if either
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• cannot waive its subrogation rights, such parry shall immediately notify the other party, in
writing.
[8] Cancellation or Termination. 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 (1) year or less or any month-tamonth tenancies)
prior to the date when suchtermination shall become effective.Inthe event of suchtermination, and
on the effective date of such termination, 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 parry to the other,
shall be deemed to have been fully given when served personally on LESSOR or LESSEE, or when
made in writing and deposited in the United Staies Mail, certified and postage prepaid, and addressed
to the LESSEE at the address stated on page (1) and to the LESSOR at the Real Estate Division,140
City Ha11, Saint Paul, Minnesota 55102. T'he address to wluch the notice shall be mailed may be
changed by written notice given by either party to the other. Nothing herein shall preclude the giving
of such address change notice by personal service.
[10] Assiffiment and Sublettine. LESSEE sha11 not assign or sublet this Lease without the written
consent of the LESSOR, which consent must be obtained prior to the exeeution of any agreement to
sublease the Leased Premises.
� [llj Maintenance and Reuairs. 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 lnnited to maintenance of plantings and hedges and turf covered paths within the gazden area and
for any signage, fencing or structures within the gazden azea; and shall be responsible for
maintenance of compost bins and the removal of plant material and trash generated by gazden
operations.
LES SOR sha11 be responsible for mowing any turf covered azeas not within the garden area and for
maintaining all irees and shrubs existing as ofthe date of commencement of this Lease and for the
removal of any trash not generated by gazden operations (i.e. illegal dumping).
[12] Pavments in Case of Default. LESSEE shall pay LESSOR a11 costs and expenses, including
reasonable attomey's fees in any action brought by LESSOR to recover any rent due and unpaid
hereunder, or for the breach or default of any of the covenants or agreements contained in this I.ease,
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 order and condition as the property was delivered to the LESSEE.
[i4] Indemnitv. The LESSEE agrees to indemnify, defend, save and hold harniless 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 chazacter, arising out of or by reason of the Lease of the herein described
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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 I,eased Premises. It is fully
• understood and agreed that LESSEE is aware of the conditions ofthe I.eased Premises and leases the
same "as is."
[15] Holdover. Any holdover after the expiration of the term of this I.ease 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 I.ease shall be applicable.
[16] Pollution and Contaminants. LESSEE agrees to comply with all ordinances, laws, rules and
zegulations enacted by any governmental body or agency relating to the control, abatement or
emission of air and water contaminants and the disposal of refuse, solid wastes or liquid wastes.
LESSEE shall bear all costs and expenses arising from compliaace with said ordinances, laws, rules,
or regularions and shall indemnify, defend, save and hold harmless LESSOR from all liability, 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] Controlline 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 property, it is agreed and
understood that this Lease shall cancel and ternunate any prior leases or rental agreements as of the
effective date of ttus 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 (IS) 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 Addirional Rent; or
(C) may direct that LESSEE prompfly restore the Leased Premises to substantially the condition
e�sting immediately prior to such damage or destruction, and for that purpose, if such dam-
age or destruction was caused by perils insured against the LE5SOR shall make available to
LES SEE pro-rata, as work progresses, the net proceeds of such insurance. If such proceeds
aze insufficient to pay the entire cost thereof, LESSEE agrees to pay as Additional Rent, a
lump sum payment (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.
[i9] Events of Default The occurrence of any of the following events during the term of this Lease sha11
constitute an event of default by the LE5SEE:
� (A) the filing of a petition to have LESSEE adjudicated banl�ipt or a petition for reorganization
or arrangement under any laws ofthe United States relating to banlmiptcy filed by LESSEE;
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(B) in the event a petition to have LESSEE adjudicated banlmipt is filed against LESSEE, the
• failure to dismiss such petition within ninety {90) days from the date of such filing;
(C) the assets of LESSEE or of the business conducted by LESSEE on the L,eased Premises be
assumed by any trustee or other person pursuant to any judicial proceedings;
(D) LESSEE makes any assignment for the benefit of creditors;
(E) the failure by LESSEE to timely pay Basic Rent or Addirional Rent as required by this I.ease;
(F) 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 discharge, 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 earlier.
It is an express covenant and agreement of LESSOR and LESSEB 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 ternunated, LESSOR may reenter the L,eased Premises. This Lease and its Leased Premises
shall not be treated as an asset of LESSEE'S estaYe. It is further 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 fhis Lease.
[20] Comnliance 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, regulafions 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 LESSEB 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
mm�ing �th the land, that
(A) no person, on the ground ofrace, sex, color creed, religion, sexual or affectional orientation,
age, disability, marital or familial status, status with respect to public assistance or national
origin or ancestry shali 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
fumishing of services thereon, no discrimination sha11 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-fier subcon-
tractors;
(C) that such discriminafion sha11 not be practiced against the public in its access in and use of
the facilities and services provided fot public accommodations (such as eating, sleeping, rest
� and recreation) constructed or operated on the Leased Premises; and
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(D) that the LESSEE shali use the premises in compliance with all other requirements imposed
pursuant to the Saint Paul Legislative Code Chapter 183.
[22) Liens. The LESSEE shali not permit 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, repairs, 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 LE5SOR a sum of money or a bond or
irrevocable letker of credit acceptabie 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 undischazged and unsatisfied during the
period of such contest I� in the opinion of the 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 prompfly pay all such unpaid items and if LESSEE fails to pay from the escrow
account, the LESSOR may pay and charge the LES5EE as Additional Rent.
[23) Eminent Domain. In the event the entire Leased Premises aze 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 LES SOR thiriy days' written nofice of termination, effective as of
the date on which the condemning authority acquires legal tiUe or physical possession of the Leased
Premises. LESSEE hereby waives and releases any claim to or shaze in the Awazd 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 eapense.
[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 of the 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;
(B) terminate this lease, exclude LESSEE from possession of the Premises, and use its best
efforts to lease the Premises to or enter into an agreement with another in accardance with
applicable law;
(C) exclude LESSEE from possession of the Premises, with or without termittating this Lease
and operate the Premises itself;
(D) terminate the Lease, exclude LESSEE from possession ofthe 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.
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(E) exercise any remedies available to it under the Minnesota Uniform Commercial Code;
(F) take whatever action at law or in equity may appeaz necessary or appropriate to collect the
Basic Rent and Additional Rent then due and thereafter to become due, or to enforce
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performance and observance of any obligation, ageement or covenant of the LESSEE under
this Lease.
(G) in exercising any of its remedies set forth in this Section, the LESSOR may, whether or not
the Lease is then in effect, hold 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 as 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 defauit sha11 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 tune to time and as often as may be deemed expedient. In order to entifle 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.
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[25] Default of Pavment. 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 of the LESSOR, 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 sha11 have come due, for the full amount of the unpaid balance due
pursuant to the confession of judgment provided herein.
[26j Installation of Fence. The LESSOR sha11 not install any fence within 15.00 feet of the curb.
[27] PlantinQS. Plantings within 15.00 feet of the curb sha11 comply with the boulevazd planting
ordinance: Section 105.04 of the Saint Paul Legislative Code, see "Eachibit "B' ; which is
incorporated herein by this reference.
[28] Amended. Anything herein contained to the contrary not withstanding, this Lease may be
teruLnated, and the provisions ofthis Lease may be, in writing, amended by mutual consent ofthe
parties hereto.
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OIN WITI�ESS WHEREOF, the parties hereto have set theu I�ands and seals the day and year in this I.ease
• fust above-written.
LESSOR:
Mayor
City Clerk
Director — Office of Financial Services
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Department Director
City Attomey (Form Approval)
LESSEE:
MIDWAY GREEN SPII2IT
GARDENERS
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Its (�C�G�Pti� N��Y .
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Chapter 105. Caze and Maintenance of Boule�g�s�„�� B
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Chapter 105. Care and Maintenance of Boulevards
• Sec. SOS Ol. Dumoina, obstructions.
• . Sec. 105.02. Vehicles, etc
• Sec. 105.03 Shrubberv removal
• Sec. 105.04. Bouievard�lantina
Sec. 105.01. Dumping, obstructions.
It shall 6e unlawful for any person to throw or deposit, or cause to be thrown 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 street 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, excepi for state fair parking (as defined in settion
60.219) and which occurs within the special overlay zoning district known as "State Fair Parking District" as
established in section 60.711, or otherwise to injure or deface such boulevard. The exception for state fair
parking shall �ot apply to any Mfnnesota state trunk highway.
(Code 1956, § 206.02; Ord. No. 17753, g 2, 7-17-90)
Sec. 105.03. Shrubbery removaf.
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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 fhe 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 apply to any act done or work performed under the
direction and authority of the director of public works.
(Code 1956, g 206.03)
Sec. 105.04. Boulevard planting.
(a) Pu�pose. It is the purpose and intent of the City of Saint Pauf to allow property owners to plant and
maintain the boulevard areas adjoining their property i� a manner which enhances and improves the
aes[hetic appearance of ci[y streets, avenues and alleys.
(b) Defrnitions.
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 Iine and the roadway.
Noxious weeds shail mean the annual, bienniai and perennial plants which are deemed by [he commissioner
of agricuiture to be injurious to public health, environment, pubiic roads, crops, livestock and other property,
as set forth in Minn. Rules 1505.0730, inciuding but not limited to: Convolvulus arvensis (Field Bindweed),
Cannabis sativa (Hemp), Rhus radicans (Poison ivy), Euphorbia esula (leafy Spurge), Sonchus arvensis
(perennial Sow thistle), Cirsium vulgare (bull Thistle), Cirsium arvense (Canada Thistle), Carduus nutans
(musk Thistle) and Carduus aca�[hoides (piumeless Thistle).
(c) p(antings 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 (S) feet of any alley, 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 (10) 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) Plantings may include flowers, vegetables and other plants, but in no event shall any noxious weed be
plan[ed 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/1c105.httnl 3/1/04
Chapter 105. Caze and Maintenance of Boulevards
herbicide, pesticide and(or fertilizer which is permitted.
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(5) No garden shaii be planted on the boulevard without written documentation Yhat the property owner has
• contacted "Gopher State One Call" for utility locations forty-eight (48) hours before digging, and has planned
plantings which will not interfere with said utifities.
(d) Compliance requirements. 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 viotation, the enforcement o�cer shall give notice of the aileged 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 nonethetess poses a nuisance or hazard, and may take action to abate such
nuisance or hazard.
(e) Public works and utilities. Notwithstanding the foregoing, all such boulevards remain pu6iic 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 excess snow. In the event the city interferes with bouievard 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 even[ shall [he city be liable for any damage to, disruption of or removal of
plantings, either direct or indirect, as a result of the city, itr empioyees, agents or contractors 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 safety of pedestrians and motorists.
(C.F. No. 96-89Z, § 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)
.
•
http://www.ci.stpaul.mn.us/code/Ic lOS.htm1 3/1/04
EXHIBiT "B"
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�,c�\� EST�.TE DIV':3i0i:
April 23, 2003
Terri Vasquez
Dept. of Public Works
800 City Hall Annex
25 West Fourth St.
St. Paul, MN 55102-1660
Dear Ms. Vasquez,
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Steve Mitrione
Midway Green Spirit Gardeners
1806 Hubbard Ave.
St. Paul, MN 55104
I have delivered the eight copies of design drawings as requested for your departments
review. I would also like to take the opportun'ity to clarify some issues regarding the
maintenance of the right of way. I am proposing the following in this regard:
1. The Department of Public Works wi�l have the responsibility for mowing any turf covered
areas within the right of way, including paths within the garden itse{f. Maintenance of trees
. and existing shrubs will also be the responsibility of the Department of Public Works.
2. The Department of Public Works will also have the responsibility for removal of any trash
not generated by the operation of the garden (i_e. Illegal dumping).
3. The Midway Green Spirit Gardeners will be responsible for removal of any trash generated
by garden operations as well as maintenance of compost bins and removal of plant material
generated by garden operations.
4. The Midway Green Spirit Gardeners will be responsible for maintenance of perennial beds
planted within the garden, hedges planted within the garden, signage, fencing and other
structures within the space.
Please contact me if any of the above proposals need clarification or alteration. I would also
like to take the opportunity to thank you for your assistance in helping make this project a
reality. I realize that this project falls into the "other" category of your duties and that all of our
public servants have recently been asked to do more with less. 1 think this project wi�l be a
great asset to our city and your atte�tion to this is greatly appreciated. Please also pass on
my thanks to Linda Murphy and I wish her a return to full health.
Sincerely,
�>��
� Steve Mitrione
Cc: Earl Carlson, Real Estate Division, City of St. Paul
Page -11-
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
—r�li�wa�
Conpct Person & Phone:
Jean Borc�en
6$866
Must Be on Council Aaen
ContradType:
AO-OiHER ADMINIS7RATNE ORDER
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Number
For
RouSng
OMer
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Green Sheet NO: 3030636
oepartrnent 5ent7oPerson itiallDate
0 u fiwr '� ' — f D(
1 btic W r De ar� nt IAr r J�J �^ �
2 ioan 'al rvicet .a •'l-1
3 a r's Otfice
4 ' Clerk
5 ablic W r ean Bo 0
7otal # of Signature Pages ��(Clip NI Locations for Signature)
Aetion Requested:
To execute Lease Agreement PW/47 providing comruunity gazden plots at Haznline Avenue and Pierce-Butler Route.
Wffiions: APPro�e W) or Reject (R):
Planning Commission
CIB Committee
CiHI Senice Commission
Foilowing
7. Has this person/firtn eaer wwked uruier a contract fw this department?
Yes No
2. Has this persoNfirm e�er been a city employee?
Yes No
3. Does ihis personlfirm possess a skill nM rartnaliy possessed by any
current city employee?
Yes No
6cplain ail yes answecs on separate sheet and aHach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advanqges NApproved:
Community residents will have access to gazden plots.
�� �
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F s "'�����6a9��
Disadvantages MApproved:
None
DisadvantageslfNotApproved:
There would be no garden plots.
MAY 1 6 2006
ToWlAmountof $O
Transaction:
Funding Source: nj/A
Finaneial InformaGon:
, (Explain)
May 2, 2006 T.31 PM
CostlRevenue Budgeted:
AcfiviH Number.
Page 1
nLCC 'V�CJ
� j 7 2006
C1TY (;1 ��4