D002711No: �0���11
Date: � a �-08
City of Saint Paul
Office of the Mayor
ADMIPTISTRATIVE ORDER
ADMINISTRATIVE ORDER,
BE IT 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 Gazdeners, which provides garden plots for neazby residents on vacant land taken for right-of-way
at Hamline Avenue and Pierce-Butler Route.
APPRO�D AS O FORM
�� d/7
Assistant City Attorney Date
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� �Wa�>
Revised
Authority (C.F. or A.O.)
LEASE NO.
FINANCE DEPT. LEASE NO. PWl47
DATE: March 6 2008
LESSOR: CITY OF SAINT PAUL
DEPARTMENT OF PUBLIC WORKS
LESSEE: DISTRICT 11 COMMUNITY COUNCIL
EXHIBIT "A"
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 refened to as the "Leased Premises," which is legally described as:
all that part of Block 1, College Place lying southwesterly of the 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)
3)
Term of Lease. This lease shall be in effect for a term commencing and ending on the dates
indicated below, unless terminated earlier by the LESSOR as provided herein.
Term
(Months(Years)
Seven Months
Commencing IIate
April 1, 2008
Ending Date
October 31, 2008
Use of Premises. The LESSEE shall use and occupy the Leased Premises for the following
purpose:
Communitv ¢ardens to be managed bv Midwav Green Snirit Gazdeners on behalf of the
LESSEE and in accordance with the conditions snecified in this agreement
Page 1 of 9
and for no other purpose without the prior written consent of LESSOR.
4)
Rent.
�Dbo a-� I 1
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 Paragraph [22] ofthis
agreement, gazden plots and any services essential to the said garden plots, chazging for
such provision only what may be required to offsetexpensesincurred.
b} Addifional 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 include, but is not limited to, the
following fees, costs and expenses:
i)
ii)
iii)
iv)
v)
all utilities, including water, electric, gas, telephone, sewage and gazbage
collection and disposal;
costs for the repairs, improvements or alterations required to be made by the
LESSEE in paragraph 11 of this Lease;
all taaies on realty or personalty, general or special;
all public rates, dues, charges and assessments, general or special, of any kind
upon the Leased Premises; and
property insurance premium and/or uninsured losses as set forth in paragraph (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 aze due and payable by the LESSEE with
the payment of Basic Rent next requued after written notice of same to the LESSEE by
LESSOR.
5) Taxes. LESSEE shall be responsible for and pay all tases and assessments against the Leased
Premises, except that LESSEE may at its own expense contest and challenge the imposiflon or
amount of any such ta7c 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 taxes, or
take other action that will remove said contested tases as an encumbrance to title or as an ex-
ception to the transferability of marketable fitle to the Leased Premises.
6) Ri¢ht of Entry. 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 tune 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:
i) FIRE AND ALL RISK INSURANCE, on the Leased Premises with limits of not
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
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respect to any loss of the LESSOR'S property not covered by insurance, it shall be
the responsibility of the LESSEE, within a ieasonable time, to pay all costs to
repair or replace the damaged properry with like kind, such reasonable time to be
determined by the LESSOR. LESSEE shall be responsible for insurance of its
own property.
b) LESSEE'S Insurance. The LESSEE shall acquire during the term of this lease the
following coverage:
i) The LESSEE sha11 be responsible for the self insurance of, or the acquisition of
Commercial Property Insurance on, its personal property.
ii) COMMERCIAL GENERAL OR PUBLIC LIABILITY INSURANCE including
blanket contractual liability coverage, personal injury liability coverage and broad
form property damage liability endorsement with a combined single limit of not
less than $1,000,000, per occurrence, $2,000,000 aggregate, sha11 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)
include an "all services, products or completed operations" endorsement ,(d) not
exclude explosion, collapse and underground property 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.
iii) 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 errors and omissions insurance coverage.
iv) The limits cited under each insurance requirement above establish minimums; and
it shall be the sole responsibility ofthe LESSEE to purchase and maintain
additional insurance that may be necessary in relation to this lease.
v) Nothing in this contract shall constitute a waiver by the LESSOR of any statutory
limits or exceptions on liability.
vi) 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 sha11 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.
vii) Insurance lunits shall be subject to the tort claims liability lunits as set forth in
chapter 466 of Minnesota Statutes.
c) Waiver of Subro ation 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 re-
ceivable, up to the amount of their respective insurance proceeds collected. The parties
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[�6��-�ll
shall notify their respective insurance companies, in writing, of the provisions of this
pazagraph; and, if either cannot waive its subrogation rights, such pariy 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-to-month
tenancies) prior to the date when such ternunation shatl become effecfive. In the event of such
termination, and on the effective date of such termination, LESSOR shall return any uneamed
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 in writing and deposited in the United States 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 Hall, Saint Paul, Minnesota 55102. The address to which 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) Assienment and Sublettine. 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 Repairs. LESSEE and Midway Green Spirit Gazdeners, at their own cost and
expense, shall be responsible for all maintenance and upkeep of the Leased Premises, including
but not limited to maintenance of plantings and hedges and huf covered paths within the gazden
azea and for any signage, fencing or structures witlain the garden area; and shall be responsible
for maintenance of compost bins and the removal of plant material and trash generated by
gazden operations.
LESSOR shall be responsible for mowing any turf covered azeas not within the garden area 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 of the covenants or agreements contained in this
Lease, or to recover possession of said property, whether such acfion progresses to judgment or
not.
13) Surrender of Premises. The LESSEE, at the expirafion of said term, or any sooner temunation
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.
14) Indemnity. The LESSEE agrees to indemnify, defend, save and hold hazmless the City of Saint
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�d��'711
PauI and any agents, officers and employees thereof from all claims, demands, actions or causes
of aciion of whatsoever nature or chazacter, arising out of or by reason of the Lease of the herein
described Leased Ptemises 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."
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 I,ease shall be applicable.
16) Pollufion 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 au and water contaminants and the disposal 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 shall indeznnify, defend, save and hold harmless LESSOR from all
liability, including 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 charge the LESSEE as Additional Rent for such costs should the LESSEE
fail to comply.
17) Controllin¢ Lease. In the event there is any prior e�usting 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 terminate any prior leases or rental agreements as
ofthe effective date ofthis lease.
18) Destruction. In the event of damage to or destruction of the Leased Premises or in the event the
premases becomes untenantable or unft 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 tune 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 destruc$on, and for that purpose,
if such damage 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 insur-
ance. If such proceeds are 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 sha11 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 occunence of any of the following events during the term of this Lease
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�DD��II
shall constitute an event of default by the LESSEE:
a) the filing of a petition to have LESSEE adjudicated bankrupt 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 banl�upt 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 Leased 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 Additional Rent as required by this
Lease;
fl 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 s'vcty days after the date of
such filing or recording, whichever date is eazlier.
It is an express covenant and agreement of LESSOR and LESSEE that LESSOR may, at its
election, terminate this Lease in the event of the occunence of any of the events described in this
pazagraph or in pazagraph (22) relating to liens by giving not less than ten days' written notice to
LESSEE; and when so ternunated, 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 reenhy, notwithstanding any
other provision of this Lease, to exercise such rights and remedies as are provided in Pazagraph
(24) of this Lease.
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 ofthe
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 nimiing with the land, that
a) no person, on the ground of race, sex, color creed, religion, sexual or affecfional
orientation, age, disability, marital or familial status, status with respect to public assist-
ance or national origin or ancestry shall be excluded from participating in, be denied the
benefits of or be otherwise subjected to discriminafion 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 discrunination shall be practiced in the selection of em-
ployees and contractors, by contractors in the selection and retention of first tier
Page 6 of 9
D00,3� / �--
subcontractors, and by first-Yier subcontractors in the selecfion and retention of second--
tier subcontractors;
c) that such discrimination shall not be pracficed against the public in its access in and use
of the facilities and services provided for public accommodations (such as eating, sleep-
ing, 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 Legislafive Code Chapter 183.
22) Liens. The LESSEE shail not pemut mechanic's liens or other liens to be filed or established or
to remain against the Leased Premises for labor, materials or services fumished 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 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 undischazged and
unsatisfied during the period of such contest. If, 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 escrow account to promptly pay all such unpaid items and if
LESSEE fails to pay from the escrow account, the LESSOR may pay and chazge the LESSEE 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 LESSOR thirty days' written nofice of termination,
effective as of the date on which the condeinning authority acquires legal fitle or physical
possession of the Leased Premises. LESSEE hereby waives and releases any claim to or share 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 expense.
24) Default Remedies. In the event an Event of Default occurs under paragraph (19) of this Lease,
LESSOR may exercise any one or more of the following remedies:
a) reenter and take possession of the Premises without temunafion 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) ternunate 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 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 &om possession of the Leased Premises, sell all or
any part of the Premises at the best price obtainable (provided such sale is permitted by
applicable law,) such sale to be on such terms and condifions as the LESSOR, in its sole
Page 7 of 9
Dad a� i i
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;
fl take whatever action at law or in equity may appear necessary or appropriate to coliect
the Basic Rent and Addifional Rent fhen due and thereafter to become due, or to enforce
performance and observance of any obligation, agreement or covenant ofthe LESSEE
under ihis 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 confened upon or reserved to LESSOR is intended to Ue exclusive af 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 L'ease or now or thereafter exisking 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 oz 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 shal] 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 of the LESSOR, immed-
iately become due. Said LESSEE further agees 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 agtee 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 Pau] Legislative Code, see "E�ibit B(8 pages)" which is
incorporated herein by this reference.
28) Amended. Anything herein contained to the contrary not withstanding, tlus Lease may be
terminated, and the provisions of this Lease may be, in writing, amended by mutual consent of
the parties hereto.
'.:- : . �
� �e�-�! 1
OIN WITNESS 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
Deparlment Director
City Attorney (Form Approval)
LESSEE:
Its
MIDWAY GREEN SPIRIT
GARDENERS
Page 9 of 9
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Chapter 105. Caze and Maintenance of Boule ��� J
��f B Page 1 of 2
Chapter 105. Care and Maintenance of Boutevards
• Sec. 105.01 Dumoinq, obstructions
• . Sec. 105.02. Vehicies etc.
• Sec. 105.03. Shrub6erv removal
• Sec. 105.04. Boulevard olantino
Sec. SO5.01. Dumping, obstructions.
It shali be unlawfui for any person to throw or deposit, or cause to be thrown or deposited, any garbage or
other waste materiai upon any part of any boulevard or street lawn within the corporate Iimits of the City of
Saint Paul; further, it sha11 be uniawful for any person to erect or maintaln 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, £rm or corporetion to cause or permit any vehicie ta be run or driven
upon any sodded boulevard within the City of Saint Paul, except for state fair parking (as defined in section
60.219) and which occurs within the specfal overlay zoning district known as "State Fair Parking District" as
established In section 60.711, or otherwise to injure or deface such bouievard. The exception for state fair
parking shall not appiy to any Minnesota state trunk highway.
(Code 1956, § 206.02; Ord. No. 17753, § 2, 7-17-90) -
Sec. 105.03. Shrubbery removal. .
It shaii 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 boutevard or street lawn within the corporate limits of the City of Saint
Paui 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 ptanting.
(a) Purpose. It is the purpose and intent of the City of Saint Paul to ailow property owners to p�ant and
maintain the boulevard areas adjoining their property in a manner which enhances and improves the
aesthetic appearance of city stree[s, avenues and alleys.
(b) Definitions.
Boulevard shali mean the public right-of-way lying between the property line and sidewalk, and between the
sidewalk and the roadway, or where no sidewaik exists, be[ween the property line and the roadway.
Noxious weeds shall mean the annual, biennial and perenniat pla�ts which are deemed by the commissioner
of agriculture to be injurious to public health, environment, pubiic roads, crops, Iivestock 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 vufgare (bull Thistie), Cirsium arvense (Canada Thfstle), Carduus nutans
(musk Thistle) and Carduus acanthoides (plumeiess Thistle).
(c) Plantings permitted. A property owner in the City of Saint Paul shall be permitted to piant, care for and
main[ain 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. Piantings within thirty (30) feet of any
intersection as measured from the property line; or within five (5) feet of any alley, or driveway approached
as measured from the end of the radius or within five (5) feet oP a public utility fixture may not exceed
eighteen (18) inches In height. Plantings shali be limited to eighteen (18) inches (n 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 appiy.
(2) Plantings must be maintained in such a way that there is no overhang or encroachment onto the
sidewalk, curb or street area.
(3) Plantlngs may inciude 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
wi[hout written approval of the city forester, which approval shall contain the type and amount of said
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_ _ _____-__ _
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Chapter 105. Care and Maintenance ofBoulevazds
Page 2 of 2
herbicide, pesticide and/or fertilizer which is permitted.
(5) No garden shall be planted on the bouievard without written documentation that the property owner has
contacted "Gopher State One Call" for utility locations forty-eight (48) hours before digging, and has planned
piantings which will not interfere with said utilities.
(d) Compliance requirementr. 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 vioiatlon, the enforcement o�cer shail give notice of the alleged violation to the property
owner, following the procedures set forth (n section 45.10 of the Saint Paul Legislative Code. The department
of neighborhood housing and property improvement may additionally determine whether a pianting otherwise
in compliance with this chapter nonetheless poses a nuisance or hazard, and may take action to abate such
nuisance or hazard.
(eJ Public works and utilities. Notwithstanding the foregoing, aIt such boulevards remain pubiic property and
subject to the right of the city to perform necessary work, to piant, trim and otherwise maintain trees, to
access utilities and to store excess snow. In the event the city interferes with boulevard planUngs in the
course of such work, it shall be responsible onty to restore the boulevard to the original grassy state by use
of black dirt and gress seed. In no event shall the 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 ptantings
tha[ are deemed to interfere with the safety of pedestrians and motorists.
(C.F. No. 96-892, § 1, 9-30-96; C.F. No. 99-1034, § 1, 11-SO-99; C.F. No. 02-570, 5-28-03; Ord. No. 03-
887, § 8, i1-5-03)
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No3hing makes a walk dowrt the street moie pleasant than the color; texture, and fragrance of a beauliful garden. More
and more Twin Cities residents are putling their back yard gardens to the front. °Up fronY' gardening is becoming popuEar
as people realize they can gei great sun, more space, and the chance to share their gardens wiih the neighborhood.
BoWevards, the area beiween the curb and the street, are a pedect spot for a garden. A vibranf garden can siow traffic,
provide a spot to sit and visit, and is an ideai way to meet neighbors. However, gardening on the boulevard is also more
chaliengirtg. In particutar, gazdeners need to keep piants low enough so 3hey don't block people's ability to see at
interseotions. And they need to, design their gardens so thaf soii stays in the garden instead of washing into tfie strest
and ultimate(y into rivers or takes.
c.
iNha t�wnS the B�e�iev�rd? .
In most communfties, you own the space between the
sidewalk and tF�e sfreei 6ut the city has the legal righi to
enter this utility-filied territory, called an easement.
Easements generally measure 14 feet from ihe curb into
your yard. Bouievard gardeners need to be aware o( fwo
things. First, that the city may need to dig up the
bouievazd or sidewalk to repair and upgrade utilfies.
Resulting damage to the garden will not be repaired 6y
the city. Second, gardeners are responsibie to know and
follow the ordinances that pertain to boulevard plan6ng in
their city, See Referenceg section for detaiisrFollow your
c'riy's instructions and you will enjoy your garden for years
to come.
�� ����1�������
'�rees
There may already be a beaui'rful plant on your boulevard:
a iree. It is essential that you consider tree health white
planning your boulevard garden. Boulevard trees face
harsh growing conditions, such as low nutrierits,
compacted soil, and lack of regular watering.
Poor planning and improper boulevard garden
maintenance can weaken o� kill boutevard trees. However,
wiih proper design and care, your attention can improve
the health of your trees. Here are important rules when
planting around boutevard trees.
• Do not dig or damage the roots o# your boufevard or
front yard ir8es. Follow this guideline to decide where
digging is safe: Measure the diameter of yourtree trunk
ai a point 4.5 faet abave ihe ground. Muitiply this
number (in inches) by 1.5. The result is the dishance (n
feet) in which major roots extend in all directions from
the tree trunk. .
Too-tall planfi�gs at intersec6ons may hide children so they
can't be seen by drivers. Can you see the 5 yearofd girJ in
this garden?
�OD�-� i I
✓�-�� B��le�ard �ard�ning
Do not dig in this area. The majority af trea roots grow
within the top 6 inches of saii and can be severely -
damaged by norma[ garden cultivation This may mean
that you leave a border of grass around the tree. Or
you may choose to strip just the top layer fram your
boutevard. Self-seeding or othenvise invasive
perennials planted a few feet from the tree trunk will
keep grass from growing back. Overtime, perennia[s
wil! fill the area. Many native plarrts and groundcovers
work well in this situation_
Make sure you also measure the root system of any
trees in your front yard. These trees may have vital
roots extending underneath your sidewalk and iMo
your boulevard.
• Avoid using her6icides on your bouievard garden. The
herbicide Banvel (Dicamaba} can leach into soils and
harm woody plants. Many cities torbid use of chemicals
on boulevards.
Do not pite soil or mulch directly against a tree trunk.
Leave space between the tree and your mulch so that
fungi and rodents do not aitack the tree's bark This
recommendation applies to alf trees in your yard.
Water your tree deeply. k� dry periods, your boulevard
tree likes about 1.r2 inches of water per week. Tryto
water your boufevard plantings and the tree on the
same schedule. Avoid frequerrt, shallow waterings
which may lead to weak, shaliow tree roots.
�riveways and Sidewalks
leaves are on ths trees, be sure to take into account the
full canopy of shade tfiat fufure leaves wifl provide.
Neight Besfrietians
Most municipalities set guidelines on the height of
boulevard planfs. ln Minneapolis and St. Paul, plants may
be 36 inches tafl, except within sightline zones. These
zones are meant to ma�dmize visibiliry for pedestrians,
cyclists, and motorists. In St. Paul, for exampte, set6acks
are the same as they are for parking (30 faef from an
intersection, 5 feeC from an alley or driveway). In those
areas, plants may be 18 inches tail. In Minneapolis, the set
back for 18-inch-ta[I planGs is 40 feet from an intersection '
and 10 feet trom an alley or driveway.
Try to keep talf ptants toward the center of your boulevard
to keep sightlines clear. Don't allow your planis b droop
onto sidewalks, curbs, or alleys. Stake tailer piants 'rf t4ey
tendto droop.
5h•uctures, Ca�fainers, Boulders,
Rnck Borders, aad Pavers
Talk to your city before incorporating any of these
efemertts into your boulevard garden. Many oities prohibiE
these features due to concems about utiEity maintenance,
snow plowing, or tiabifity. Remember, people getiing out of
cars ar pedesirians rrafking on your boulevard will
encourrter whatever you put on ths boulevard. Think
about the other people who use the boulevard before
deciding to add obstructions.
Some boulevards are bordered 6y driveways or are
crossed by walkways from sidewalk to curb. 'ihese
concrete or gravel pathways create distinet sections for
gardens. Decide "rf you wish to garden each seciion of
your boulevard or "rf you will concenirate on those ihat
receive the least traffic trom pedestrians, cars, and pefs.
Afways keep in mind that cars wilt partc next to your
boulevard and thaf passengers will use your boulevard.
Leave a 2-foot edge of turf or walkable groundcover on
the street side and perhaps through the garden to direct
people.
Tvlany cities have regulations about planting near street
irrtersections, driveways, or alleys (see next section).
D�s6g� ��res��er��o�
Sun or Shail�
Consider ffie amount of sun your garden receives. Sketch
the boulevard's outline and take visual notes on which
parts receive sun at differant iimes of day_ If you are
making this "sun sketch" during the spring or fall when no
Low plah6ngs provide co/or but sfi11 atlow children to ba
seen by drivers.
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Boulevard Pollufion DOs
• DO be careful wlien digging your houlevard io
keep soil IN the boulevazd and OFF your sidewaik,
driveway, and the street Take any excess soil to
your compost pile. Sweep up and remove any soit
or piant debris irom hard surfaces_
� DO leave a 2-foot sfrip of grass or other tlghtly-knit
groundcover 6etween your boulevard garden and
the curb. This barzier sfrip will catch soil runoifi and
keep it in the boulevard. The border also keeps rain
and hose watsr in the garden ratlier than down the
sewer. A groundcover strip makes a corrvenie.nt
p}ace for car passengers to alight without hurting
themselves or irampling yoorflowers. Try °Satt
3urvivor" grass seed for exce{{ent iurE resufts along
streets.
• DO leave a 1 faot strip of grass or hardy
groundcover next to ihe sidewatk or other paved
areas. Again, this keeps the soil in place.
� DO prepare your bouleeatd 6ed to a leve( even
with your sidewafk and curb.
Baulevard Patiution DON'Ts
DON'T give in to the urge to create berms,
mounds, or other raised 6ed gazdens in your
boulevard. Even though these methods took
attrac6ve, ihey cause runoff. Take a ciose look at a
raisad bed bou{evard garden after a rain storm.lt is
easy to see the fine organic particles washing
down the street.
DON'T °clean up" your boulevard garden or your
front yard by sweeping leaves and debris into tha
street before your neighborhood's scheduled sfreet
sweeping. Remember the surprise Halloween
snowstorm in 1991? The snow prevented street
cleaning that year and our lakes were visibly
harmed the foilowing summec Bag your leaves for
the compost facility, use a mulching lawrt mower to
fineEy grind them, or rake them into your backyard
compost pile.
DON'T mulch your boulevasd garden heaviiy. Most
mulches cannot prevent runoff of fine solids: Some
leaf and wood mulches may even run off
themselves. Most years we don't need to mutah
since we receive enough snow cover to protect
hardy perennials. For insurance in a dry winter, bag
some laaves and keep them handy. Use these
bagged Ieaves as muich if srmw cover is sparse.
Planting restrictions are tl�e same as orsimilar to ; oarking
restricBons: 30-40 feet from interseclions and 5-i0 feet
from a/leys and driveways. This car is parked so close to
the comer, �e child is barely visibte. if/egal parking puts
pedesffians at risk. So do too-fal/ p/ants fhai prevent clear
sigh�nes for wa/kers arrd drive�s. Think of others belore
you park and before you planL
Auoiding Pnli��na
Your troutevard shoutd add to the beauty ot the
environment. Yet a poor[y executed garden can be a
major contributor fo water pollution. Recent research into
urban water quali[y shows that phosphorous runoff from
yards and gardens creates significant environmental
hazards in our waiershed. Boufevazd gardens are a �
particular problem, since the soil and organic materiafs
from a poorly designsd boufevard can easiiy wash out nf
the garden and into storm sewsrs.
When soil and plant debris wash down storm sewers, they
flow directty in#o our lakes, creeks, and rivers. Soil particles
and decaying plant materials contain phasphorous. W(ien
it gets in the water, it feeds algae, which blocks sunlight
and prevents other aquatic plaMs from growing. As aigae
dies and decays, it uses up much of the oxygen in the
waier, which used to be available for fish.
Lawn dippings, leaves, and phosphorous fertilizers
(phosphorus is the "P" in the "N-P-K° labe� are also big
con4ributors_ Keep leaf and grass clippings in the garden
or compost pile and ou[ of the sireei. It is illegaf to use
high phasphorous fertilizars on lawns in the mefro area.
.�� -� �oul�v��� �a rd�ni�g
Main�nance 6nals
WFiat kind of gardener are yau? Hands-on, every night
after work? Or a couple of hours a monih? Be sure that
your garden reflects the time you are wiiling to commit.
High-mainienance gardens inelude plantings of showy �
annuals. Every spring, annua! gardeners need to select
and plarrt a whole new garden. Deadheading wilted
flowers and removing the errtire ptant 2t fhe end of the
season create work. Mnual gardens may require more
water or fertilizer to thrive. On the plus side, they can be
very showy and are tun to redesign each year.
Lower maintenance 6oulevazds can include plantings of
hardy perennials, low-growing shrubs, groundcovers, and
bulhs. These can be planted once and in some cases can
Till in large areas by seFf-seeding. The cost is initially much
higher than that of an annuai garden, but plants grow
large and can be divided and shared.
Native plants are perhaps ihe easiest gardens to maintain
over Ume. Natives reqaire little or no eutra water, little or no
fertiiization, and are fypically very hazdy in drought or
harsh winters. An added p(us is the remarkable show of
buttertlies and birds that may be attracted to your
boulevard. We highiy recommend native plantings. See
resources section for more on native plants.
���HIA!!�� $�i D8�
Gopher Sta#e One
Before you dig, call to see whether underground power
Iines, gas lines, or cables run under your boulevard_ Dial
Gopher State One at (651) 454-0002 and within 48 hours
(excluding weekends and holidays) the locations of any
buried utlities on your property wiil be c{early marked.
Avoid hitting these utilities by staying ai least 2 teet away
in either direction. Damaging underground utilities is
expensive and dangerous.
Snil ConHitions and lead Safefy
Boulevard garden soil is often not the best quality. MosY
boulevards suffer irom neglecf, foot traffic, and winter
sand and salt. The soil may even be construction fi!1 rather
than biack dirt. These a{I contribute to some rather sorry
soil conditions. it is a good idea to have a soil test. Call
the University ofi Minnesata Extension Service listed by
county in your phone book. We also recommencf that you
have your boulevard soil tested for lead, a common
problem in street side gardens.
Contact the Sus2ainable Resources GeMer Urban Lands
program for ways to deal wRh soil canfamination and
other soil probiems (see "Resaurces° section.)
Sn�7 PreP�'ation
The work you put in ai the outset of your boulevard
project makes all the different in its future success. Take
the time to do it right, and you wEil be rewarded.
• Drainage is key: Create soii conditioos that allow water
to percolate into the garden, rather fhan to run off over
a compacted, hard surface.
• Strip sod. Using a sharp spade or a rented sod stripper,
rsmove just ffie top layer of grass from fhe part of your
boutevard that is to become a gardan. Compost the old
scraps or use them to fill in sparse areas in other parts
of your lawn.
• Loosen soii. Using a digging fork, loosen the top layer
of soil to atiout 8 inches deep. Motorized tillers are
harder to corMrol in the small space of a boulevard and
are a problem for carefui digging neaz Vees.
• Ramove rocks and other debris.
• t€ necessary, amend the soil with compost or well-rotted
manure, according to the results of your soil test
• if you plan to bury a Osaka hose to provide irrigafion,
now is the time to do it. Piace the hose at the
manufacfurers recommended depth, in a pattern that
will serve planis through the boulevard. Position ifie
hookup where you can easily attach a hose and
monitor ihe watering. Purchase a hose guide that
provides a smooth surface Tar tricyclas, pedestrians,
and wheelchair users who may use your sidewalk while
you are watering:
• �o noi allow soil to overtlow the borders of your
boulevard. The garden bed should be no higher than
the top of the curb and sidewa(k. Avoid the urge to
mound soi[ in the boulevard. This teads to soil runoff.
• Do noi remove so mucfi soil that you oreate a deep
basin in your boulevard. While this may help prevent
runoff, the uneven drop-off from the sidewalk and curb
edges creafes a significant hazard to pedestrians.
Waish 71�se Car �oars*.
Remember, people wilE open their car doors into your
garden. Consider a barrier of ai least 2 feet from the street
ptanted with grass or a walkable groundcover to give car
doors space to open. Atso, consider a path ihrQUgh ynur
garden so peopte can walk through, rathec than on your
piants.
Avoid large rocks or barriers that will interfere with car
doors or pectestrians.
pooa-�r�
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Sainwater �ardcns
ff the conditions of your boulevard are right, you can create
a rain garden to catch and retain rainwater and snowmeR
so ihey soak into tha earfh rather inta than tfie storm sewer.
First, make sure you follow guidelines for digging near
trees. Then, check to sea you have enough room to leave
a furf or groundcover border of #-2 feet. tf enougfi space
remains, dig a �ery graduai, shatlow dip (1-2 inches) in
fhe center ot the boulevard, teaving the boulevard edges
level to any hard surfaces.
Plant your rain garden with hardy perennials suited for a
wet siTe, such.a Bee Balm (Monarda spp.) and Swamp
Wlflkweed (Asclepias incamata)_ Nffiive plants work well in
these conditions.
7no Mach Satt?
Common Yarrow {Achi/lea millefo/ilim). Bright or pastel
flowers urith delicate, fem3ke foliage. Can be mowed to 2
incfies. Accepts foo# traffic. Aromatic wfien cut If aliowed
to ffower, can reach t2-30 inches tall. Self-seeds.
Pussy Toes (Anienrndria dioica) spreads in a carpet of grey-
green fetry leaves_ Grows to 6 iriches. Pink or whife flowers
in late spring or early summer. Accepts some foot traftic.
Sedum, also known as Sionecrop, comes in many
varieties. Look for the very tow-growing, creeping iypes
such as Sedum "Goldmoss" (Sedum acre), which grows
2-3 inches tali and spreads. Masses of yellow, star-
shaped flowers.
Thyme (Thymus spp.) Very aromatic creeping plants with
tiny pink, lavender, or white flowers. 2-5 inches tall. Can
be trimmed with a lawn mower. Somewhat tolerant o{ ioot
traf(ic.
if your plaMs get saft spray from winter plowing, consider
planfing these along the stceet (inside your grass or
graundcover bazrier).
High Salf Tolerance PerennTals
Sea Thrift (,4rmerla maritima)
Reed Grass "K�rl Foersfer" {Calmagrostis acutifolia)
Dianthus (Pulminarius x alJwoodir)
Slue Lyme Grass (Elymus arenarius)
Fountain Grass (Pennisefum alopecuroides)
Moderalely Salt Toferanf Perennlals
Artemisia "SiNer Mound" (Artemisia schmioYia�a)
Slue Fescue "Elijah Blue" (Festuca glauca)
Hosta (Hosta plantaginea)
Sea Lavender (Limomiumlatifolium)
Daylily "Stella D'Oro" (Hemerocallis)
Sedum Autumn Joy" (Sedum spectabile)
Cora1 Bells (Heuchera micrantha)
tiardy wildflowers (Purple Coneflower, Yarrow, Qaylilies)
Ornamerrta! grasses are good choices on boulevards.
Most require iWI sun. But DO NOT use Ribbon Grass
(Phalairis arundinacea) or Amur SiNer GrasslHardy
Pampas Grass (Miscanthus sacchariflorus). These are
in�asive and their seeds could wash off your 6oulevard
into wetlands.
Alternatives ta a Grass Bnrder
If turf grass is not your preterence, consider using any of
these perenniai pianfs as yaur garden border. They may
not stand up to very heavy foot traHic, but they do Vap soi�
and rainwaier_
R�S01i�'C�S
For advice on native plar�tings, contact yaur local chapter
of the Wild Ones. www.for-wild.org
Every city has its own guidelines regarding boulev�rd
plantings. Contact your public works or planning
department to inquire a6out local rules.
In Minneapolis, see the web page for blooming
6oulevards for a link to the city's ordinance:
www.ci.minneapolis.mn.uslcitywo rk/planning/sections/
cuslbiooming
In S't. Paul, see:
wNnv.ci.stpaul.m n.uslcode/Ec105.htm1#sec105.04
Gopher State One: (6b1) 454-0002
�
This publication was originally produced by the
Sustainable Resources Center's Urban Lands Program,
19� 6 2nd Avenue South, Minneapolis, MN 55403. (612}
87Q-4255. www,src-mn.org
ft was updated by Biking and Walking Solutions, which
promotes fronf yazd and.6oulevard gardens to slow traf(ic
and to make our communities more friendly to cyclists
and pedestrians. (651) 646-2864. www.saferoutes.org
Designed by Merriam Park Neighbors for Peace and their
Plant Pink for Peace campaign, a proJect to encourage
gazdens fhaf show community support for lasting peace.
(651} 641-7592. www.mppeace.org
Additional planf suggestions provided by the St: Paul
Green Coatition and Farm in the City, growing a heaithy
community through gardening and greening. (651) 641-
8&3i. www.farmirrthecity.org
p0�2-�11
AI Czaia (Sidewalks) comments:
No ADA ramp on the NE comer ofi Albert & Taylor.
This may need to be built - piease consult w/ AI Czaia at 651-266-6120 or AI.CzaiaC�ci.stoaul.mn us
Rain garden concems. Wili need Forestry's input as to how ciose to trees are acceptabie. I do not believe we shouid be
exchanging trees for rain gardens. A smaller rain garden may work here.
Curb cuts for the rain garden will need curb cut permits. - please consult w/ A1 Czaia at 651-266-6120 or
AI.CzaiaCalci stoaul mn us .
Keeping the potential for a sidewalk on the east side of N. Albert St. between Taylor and Pierce Butler Rt.
�X�Ga�+ „p��,
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Departmentlofficefcouncil: Date Initiated:
Pw -���Wo� o�-�R-oB Green Sheet NO: 3052030
Contact Person & Phone:
Jean Borgen
266-8566
Must Be on Councii Agen
Doc. Type: OTHER ADMINISTRATIVE Of
E-Document Required: N
Document Contact:
Contact Phone:
�
Assign
Number
For
Routing
Order
Total # of Signature Pages �� (Clip All Lowtions for Signature)
0 �ubticWorks_r�/K- �/Oj$� I
1 ublic Works De artment Director
2 ' Attorne Chad Siaul
3 inaucialServica fficeFtinancialServices
4 i Clerk
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Authorize and direct City officiaLs [o renew the gazden lease (seasonal, with no payment) from the City to Midway Green Spirit, who
provides gazden plots to neazby residents of Hamline Ave & Pierce Butler Route. �
l_.ea.s�e- b�ucl,adl. Cv �xkibi-6,�.
Planning Commission 1. Has this person/firm ever worked under a contract for fhis depariment?
CIB Committee Yes No �
Civil Service Commission 2. Has this person�rm ever been a city employee?
Yes No
3. Does fhis person/firm possess a skili not nortnally possessed by any
current city employee?
Yes No
6cplain ali yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Otherwise unused right will be beautified and maintained by citizens.
AdvanFages If Approved:
Continuation of long-term neighborhood gazden.
DisadvanWges If Approved:
None foreseen.
Disadvantages If Not Approved:
City w0uld resume maintenance of space.
Trensaction: $0.00
Funding Source:
Financial lnformation;
(Explain)
Adivity Number:
CosURevenue Budgeted:
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C�-Di`ta _ J C`u'W%c�t
April 7, 2008 2:55 PM Page 1