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00-6��� V���"1� Presented Refeaed To Committee Date WF�REAS, the Legislative Hearing Officer recommends that license application (ID # 19990006390) for a Parking Ramp License by Park N Jet LLC, DBA Pazk N Jet, 1465 Davem Street, be approved; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license. Yeas Nays Absent Blakey Coleman � Harris � Benanav ✓ Reiter ✓ Bostrom ✓ Lanhy �/ '1 6 Adopted by Council: Date O O i Adoption C ified by Council Secret� M � - By: '�1 �� a- Approved by Mayor: Date �--��'` 7 Z�� By: C����✓l Council File # �'. /� Green Sheet # 101644 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � S, Requested by Department o£ � Form Approved by City Attomey � Approved by Mayor for Submission to Council � (/�r 5p City Council Offices 7NTACT PERSON & PFiONE DATE WIMiED 12-28-99 GREEN SHEET � January 5, 2000 TOTAL # OF SIGNA7URE PACaES ��.,u,�� ��,.�..—. ❑ �.,.� ❑ a,,,«� ❑ wuxeN�muc�son. ❑ wuNO,ummKCro ❑ WYORI�AiL6Tl11rt� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving application for a Parking Ramp License by Park N Jet LLC, DBA Park N Jet, 1465 Davern Street. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Vms uris ce���m everworkea unaer a contraa tor mis deaartmem7 YES NO Has tAie peiaoMfirm evu been a dty anpbyee? YES NO Dces this peison/fiim posseae a slull nd namallypossesseC by any curteM city employee? YES NO Is this pnsoNfrm a laryefed vendoYt YES NO M€�^�#�?'",4� ��3Se">Y�ei y:?d?�4f ; ��* TRANSACTWN COST/REVENUE BUD6ETED (CIRCLE ONE) rea r+o SOURCE ACTMTYNUTABER MFORMATION (IXPWf� OU-� MINUTES OF TF� LEGISLATIVE HEARING �� S PARK N JET, 1465 DAVERN STREET Tuesday, December 28, 1999 Gerry Sirathman, Legislative Hearing Officer STAFF PRESENT: Corinne Asuncion, License, Inspections, Environmental Protection (LIEP); Tom Beach, LIEP; Larry Zangs, LIEP The meeting was called to order at 11:00 a.m. Gerry Sirathman stated this meefing is being held to hear objecfions to the issuance of a parking ramp license to Park N Jet at 1465 Davern Street. Mr. Strathman asked why is this license being applied for and if the parking ramp has been there for a number of years. Lany Zangs responded this is a new license for the ramp structure on the west side of Davem. However, there is a parking lot also: it is on the east side of Davern, and has been operated by JLT for a few years. The license application before us today deals with the structured ramp built by JLT, which is under construction at this point. A temporary certificate of occupancy has been issued for the parking ramp because enough of the building is within compliance to allow its use. Certain issues still need to be resolved and timing will not allow the ramp to be finished during the winter months. LIEP is recommending approval of ttris license. There will be final inspecrions and a final certificate of occupancy issued. John Grzybek, address of 1330 St. Paul Avenue, representing Highland District Council appeared and stated he wrote a letter to Gerry Strathman on behalf of the district council, which is the catalyst for this hearing. On this license being recommended by staff, there are conditions that aze the same as the license conditions far the lot on the east side. These conditions set forth by the City Council mirrored the agreement between Park N Jet and the Highland District Council, which was to do certain landscaping on Shepazd Road and Dauern That was in May 1997. Mr. Grzybek is concerned about what the operator is going to do because the business has a lrack recard of not complying with agreements and ignoring conditions. Mr. Strathman asked were there any lilacs planted by Park N det on Shepard Road. Mr. Grzybek responded there are none on Shepazd Road nor Davern. The district council has worked with the City and tried to enforce this condition on the license. Have they given an explanation as to why the condition has not been met, asked Mr. Strathman. Mr. Grzybek responded no but he has heard that the reason no landscaping has been done is because the owner plans to develop that azea, but no plans have been filed. Two yeazs is an unreasonable amount of rime to comply. Also, stated Mr. Crrzybek, the operator cut down trees on Davern. This is designated a critical area and specific ordinances prohibit clear cutting. Mr. Strathman asked what has the City done to enforce the conditions on the surface lot license. Mr. Zangs responded the City initiated an enforcement action in 1998. A temporary building oc�-�, PAItK N JET - 1465 DAVERN STREET - LEGISLATIVE HEAI2ING Page 2 was moved on the site with permission but the time for it being there had expired. There was an adverse acrion and a fine unposed of $2,000. Several council actions approved suspending the fine for 90 days. From there, Mr. Zangs is not sure what happened to the fines, but to the best of his knowledge the fine has not been collected. As of this date, the temporary building has been removed from the site. The landscaping is the outstanding issue. Mr. Strathman asked the status of the license and is it suspended. Mr. Zangs responded the only thing suspended is the fine. Mr. Zangs would have to ask the city attorney the status of the fine. Mary McDowell, Park N Jet, 739 Vandalia Street, appeazed and stated the suspension of the fine was tied ta getting the temporary building removed. The temporary building was the office for Pazk N Jet while the ramp was being constructed. As soon as the ramp was finished, the building was removed. The original violation did not have to do with the landscaping, but it had to do with the building, asked Mr. Strathman. Ms. McDowell responded the business acknowledged they did not plant the lilacs. It did not make sense to plant when they will soon excavate. Over a yeaz ago, 600 lilacs were purchased, there was a hazd freeze, and they were frozen in the ground. At this same time, there was a Shepard Davern Small Area Plan. Park N Jet would like to build an office and hotel, but they need to know what will be allowed in that area for height and setbacks. They had final plans for a ramp at 1460 Davern, but the City said they did not want a ramp on Shepard Road and asked would they consider moving it across the street; this halted the entire process. By shifting to the other side at the City's request, they ran into setback problems, neighboring property owners, encroaching gazages. The ramp was finished last fa11. Ms. McDowell stated she does not lrnow what NIr. Grzybek was eluding to with respect to the same conditions as the other side. Mr. Strathman asked what conditions aze being recommended far this license. None for the parking ramp, responded Mr. Zangs. The ramp has landscaping requirements, stated Ms. McDowell. They also have a large letter of credit, which runs in fauor of the City and can be cashed by the City if Park N Jet does not comply with the terms of the approval. Some of these items could not get done this fall. The other issue is the trees. Park and Recreation had invoiced Park N Jet for trees that were removed. It was acknowledged that these were not mature trees, but shrubbery things. These trees are not soid at nurseries because they are considered obnoxious plant materials so Park N Jet could not have replaced them. Parks and Recreation waived the invoice far those trees so this issue is moot. Mr. Strathman stated the only issue left is the lilacs on Shepard and Davem. He asked what aze Park N JeYs plans. Ms. McDowell responded it depends on when they heaz from the Shepard Road Small Area pian. They plan to develop that site. They do not plan to plant lilacs this winter. If development is totally stalled in the spring, they will order 600 three inch lilacs to plant this spring if need be. oo-b PARK N JET - 1465 DAVERN STREET - LEGISLA'I`IVE HEARTNG Page 3 Mr. Zangs stated there is a letter of credit with respect to the parking ramp, but there are also other issues. There is cash escrow being held as part of the surface pazking lot as weil. Mr. Beach reported that for the parking lot on the east side of Davern, JLT gave LIEP two checks as eserow to ensure that the landscaping would get down; the checks total appro�mately $2,500. LIEP would return the money once the landscaping is done. The landscaping has not been done for the pazking lot east of Davern and aiso has not been done for the ramp, although LIEP did not expect it to be done this fall. Ttiere is a letter of credit of $50,000 or $75,000 for that. Mr. Strathman stated that issue is not a problem because they are not expected to have the landscaping for the ramp done at this point. However, they are expected to haue the landscaping done for the lot. Mr. Strathman asked why the City has not taken the $2,500 in escrow and done the planring. Mr. Beach responded lack of fime. It is complicated for LIEP to hire a contractor, get bids, and then plant on some else's property. Also, JLT installed a fence on this property which makes it crowded to plant lilacs. There is only about three feet between the fence and where the asphait starts. Ms. McDowell responded the lilacs can fit if they are trimmed back. Is the $2,500 sufficient for the plants required, asked Mr. Strathman. Mr. Beach responded it may not be enough. Also, there is a provision in the zoning code about minimal standards for landscaping, and a three inch shrub would not meet the minimum. With regard to the tree issue, Mr. Grzybek stated, there is a City code regarding tree cutting. Parks and Recreation does not have a right to violate City ordinance. Mr. Strathman responded it is hazd to hold the owner culpable if City staff approved what they did. Mr. Strathman stated we are not discussing landscaping for the ramp, which is not expected to be done at this point, and there is an escrow on file. The planting of the lilacs at the existing lot does seem to be an issue; however, it is an enforcement issue. The City has the wherewithal to achieve enforcement by taking adverse action or through the letter of credit. Mr. Strathman does not see how the failure of the owner to do the planting and the failure of the City to enforce requirements goes to the issue of denying the license for the ramp. As far as the issue before us today, Mr. Strathman does not see cause for denying the license. Gerry Strathman recommended approval of the license. The meeting was adjourned at 11:34 a.m. � ��� V���"1� Presented Refeaed To Committee Date WF�REAS, the Legislative Hearing Officer recommends that license application (ID # 19990006390) for a Parking Ramp License by Park N Jet LLC, DBA Pazk N Jet, 1465 Davem Street, be approved; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license. Yeas Nays Absent Blakey Coleman � Harris � Benanav ✓ Reiter ✓ Bostrom ✓ Lanhy �/ '1 6 Adopted by Council: Date O O i Adoption C ified by Council Secret� M � - By: '�1 �� a- Approved by Mayor: Date �--��'` 7 Z�� By: C����✓l Council File # �'. /� Green Sheet # 101644 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � S, Requested by Department o£ � Form Approved by City Attomey � Approved by Mayor for Submission to Council � (/�r 5p City Council Offices 7NTACT PERSON & PFiONE DATE WIMiED 12-28-99 GREEN SHEET � January 5, 2000 TOTAL # OF SIGNA7URE PACaES ��.,u,�� ��,.�..—. ❑ �.,.� ❑ a,,,«� ❑ wuxeN�muc�son. ❑ wuNO,ummKCro ❑ WYORI�AiL6Tl11rt� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving application for a Parking Ramp License by Park N Jet LLC, DBA Park N Jet, 1465 Davern Street. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Vms uris ce���m everworkea unaer a contraa tor mis deaartmem7 YES NO Has tAie peiaoMfirm evu been a dty anpbyee? YES NO Dces this peison/fiim posseae a slull nd namallypossesseC by any curteM city employee? YES NO Is this pnsoNfrm a laryefed vendoYt YES NO M€�^�#�?'",4� ��3Se">Y�ei y:?d?�4f ; ��* TRANSACTWN COST/REVENUE BUD6ETED (CIRCLE ONE) rea r+o SOURCE ACTMTYNUTABER MFORMATION (IXPWf� OU-� MINUTES OF TF� LEGISLATIVE HEARING �� S PARK N JET, 1465 DAVERN STREET Tuesday, December 28, 1999 Gerry Sirathman, Legislative Hearing Officer STAFF PRESENT: Corinne Asuncion, License, Inspections, Environmental Protection (LIEP); Tom Beach, LIEP; Larry Zangs, LIEP The meeting was called to order at 11:00 a.m. Gerry Sirathman stated this meefing is being held to hear objecfions to the issuance of a parking ramp license to Park N Jet at 1465 Davern Street. Mr. Strathman asked why is this license being applied for and if the parking ramp has been there for a number of years. Lany Zangs responded this is a new license for the ramp structure on the west side of Davem. However, there is a parking lot also: it is on the east side of Davern, and has been operated by JLT for a few years. The license application before us today deals with the structured ramp built by JLT, which is under construction at this point. A temporary certificate of occupancy has been issued for the parking ramp because enough of the building is within compliance to allow its use. Certain issues still need to be resolved and timing will not allow the ramp to be finished during the winter months. LIEP is recommending approval of ttris license. There will be final inspecrions and a final certificate of occupancy issued. John Grzybek, address of 1330 St. Paul Avenue, representing Highland District Council appeared and stated he wrote a letter to Gerry Strathman on behalf of the district council, which is the catalyst for this hearing. On this license being recommended by staff, there are conditions that aze the same as the license conditions far the lot on the east side. These conditions set forth by the City Council mirrored the agreement between Park N Jet and the Highland District Council, which was to do certain landscaping on Shepazd Road and Dauern That was in May 1997. Mr. Grzybek is concerned about what the operator is going to do because the business has a lrack recard of not complying with agreements and ignoring conditions. Mr. Strathman asked were there any lilacs planted by Park N det on Shepard Road. Mr. Grzybek responded there are none on Shepazd Road nor Davern. The district council has worked with the City and tried to enforce this condition on the license. Have they given an explanation as to why the condition has not been met, asked Mr. Strathman. Mr. Grzybek responded no but he has heard that the reason no landscaping has been done is because the owner plans to develop that azea, but no plans have been filed. Two yeazs is an unreasonable amount of rime to comply. Also, stated Mr. Crrzybek, the operator cut down trees on Davern. This is designated a critical area and specific ordinances prohibit clear cutting. Mr. Strathman asked what has the City done to enforce the conditions on the surface lot license. Mr. Zangs responded the City initiated an enforcement action in 1998. A temporary building oc�-�, PAItK N JET - 1465 DAVERN STREET - LEGISLATIVE HEAI2ING Page 2 was moved on the site with permission but the time for it being there had expired. There was an adverse acrion and a fine unposed of $2,000. Several council actions approved suspending the fine for 90 days. From there, Mr. Zangs is not sure what happened to the fines, but to the best of his knowledge the fine has not been collected. As of this date, the temporary building has been removed from the site. The landscaping is the outstanding issue. Mr. Strathman asked the status of the license and is it suspended. Mr. Zangs responded the only thing suspended is the fine. Mr. Zangs would have to ask the city attorney the status of the fine. Mary McDowell, Park N Jet, 739 Vandalia Street, appeazed and stated the suspension of the fine was tied ta getting the temporary building removed. The temporary building was the office for Pazk N Jet while the ramp was being constructed. As soon as the ramp was finished, the building was removed. The original violation did not have to do with the landscaping, but it had to do with the building, asked Mr. Strathman. Ms. McDowell responded the business acknowledged they did not plant the lilacs. It did not make sense to plant when they will soon excavate. Over a yeaz ago, 600 lilacs were purchased, there was a hazd freeze, and they were frozen in the ground. At this same time, there was a Shepard Davern Small Area Plan. Park N Jet would like to build an office and hotel, but they need to know what will be allowed in that area for height and setbacks. They had final plans for a ramp at 1460 Davern, but the City said they did not want a ramp on Shepard Road and asked would they consider moving it across the street; this halted the entire process. By shifting to the other side at the City's request, they ran into setback problems, neighboring property owners, encroaching gazages. The ramp was finished last fa11. Ms. McDowell stated she does not lrnow what NIr. Grzybek was eluding to with respect to the same conditions as the other side. Mr. Strathman asked what conditions aze being recommended far this license. None for the parking ramp, responded Mr. Zangs. The ramp has landscaping requirements, stated Ms. McDowell. They also have a large letter of credit, which runs in fauor of the City and can be cashed by the City if Park N Jet does not comply with the terms of the approval. Some of these items could not get done this fall. The other issue is the trees. Park and Recreation had invoiced Park N Jet for trees that were removed. It was acknowledged that these were not mature trees, but shrubbery things. These trees are not soid at nurseries because they are considered obnoxious plant materials so Park N Jet could not have replaced them. Parks and Recreation waived the invoice far those trees so this issue is moot. Mr. Strathman stated the only issue left is the lilacs on Shepard and Davem. He asked what aze Park N JeYs plans. Ms. McDowell responded it depends on when they heaz from the Shepard Road Small Area pian. They plan to develop that site. They do not plan to plant lilacs this winter. If development is totally stalled in the spring, they will order 600 three inch lilacs to plant this spring if need be. oo-b PARK N JET - 1465 DAVERN STREET - LEGISLA'I`IVE HEARTNG Page 3 Mr. Zangs stated there is a letter of credit with respect to the parking ramp, but there are also other issues. There is cash escrow being held as part of the surface pazking lot as weil. Mr. Beach reported that for the parking lot on the east side of Davern, JLT gave LIEP two checks as eserow to ensure that the landscaping would get down; the checks total appro�mately $2,500. LIEP would return the money once the landscaping is done. The landscaping has not been done for the pazking lot east of Davern and aiso has not been done for the ramp, although LIEP did not expect it to be done this fall. Ttiere is a letter of credit of $50,000 or $75,000 for that. Mr. Strathman stated that issue is not a problem because they are not expected to have the landscaping for the ramp done at this point. However, they are expected to haue the landscaping done for the lot. Mr. Strathman asked why the City has not taken the $2,500 in escrow and done the planring. Mr. Beach responded lack of fime. It is complicated for LIEP to hire a contractor, get bids, and then plant on some else's property. Also, JLT installed a fence on this property which makes it crowded to plant lilacs. There is only about three feet between the fence and where the asphait starts. Ms. McDowell responded the lilacs can fit if they are trimmed back. Is the $2,500 sufficient for the plants required, asked Mr. Strathman. Mr. Beach responded it may not be enough. Also, there is a provision in the zoning code about minimal standards for landscaping, and a three inch shrub would not meet the minimum. With regard to the tree issue, Mr. Grzybek stated, there is a City code regarding tree cutting. Parks and Recreation does not have a right to violate City ordinance. Mr. Strathman responded it is hazd to hold the owner culpable if City staff approved what they did. Mr. Strathman stated we are not discussing landscaping for the ramp, which is not expected to be done at this point, and there is an escrow on file. The planting of the lilacs at the existing lot does seem to be an issue; however, it is an enforcement issue. The City has the wherewithal to achieve enforcement by taking adverse action or through the letter of credit. Mr. Strathman does not see how the failure of the owner to do the planting and the failure of the City to enforce requirements goes to the issue of denying the license for the ramp. As far as the issue before us today, Mr. Strathman does not see cause for denying the license. Gerry Strathman recommended approval of the license. The meeting was adjourned at 11:34 a.m. � ��� V���"1� Presented Refeaed To Committee Date WF�REAS, the Legislative Hearing Officer recommends that license application (ID # 19990006390) for a Parking Ramp License by Park N Jet LLC, DBA Pazk N Jet, 1465 Davem Street, be approved; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license. Yeas Nays Absent Blakey Coleman � Harris � Benanav ✓ Reiter ✓ Bostrom ✓ Lanhy �/ '1 6 Adopted by Council: Date O O i Adoption C ified by Council Secret� M � - By: '�1 �� a- Approved by Mayor: Date �--��'` 7 Z�� By: C����✓l Council File # �'. /� Green Sheet # 101644 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � S, Requested by Department o£ � Form Approved by City Attomey � Approved by Mayor for Submission to Council � (/�r 5p City Council Offices 7NTACT PERSON & PFiONE DATE WIMiED 12-28-99 GREEN SHEET � January 5, 2000 TOTAL # OF SIGNA7URE PACaES ��.,u,�� ��,.�..—. ❑ �.,.� ❑ a,,,«� ❑ wuxeN�muc�son. ❑ wuNO,ummKCro ❑ WYORI�AiL6Tl11rt� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving application for a Parking Ramp License by Park N Jet LLC, DBA Park N Jet, 1465 Davern Street. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION Vms uris ce���m everworkea unaer a contraa tor mis deaartmem7 YES NO Has tAie peiaoMfirm evu been a dty anpbyee? YES NO Dces this peison/fiim posseae a slull nd namallypossesseC by any curteM city employee? YES NO Is this pnsoNfrm a laryefed vendoYt YES NO M€�^�#�?'",4� ��3Se">Y�ei y:?d?�4f ; ��* TRANSACTWN COST/REVENUE BUD6ETED (CIRCLE ONE) rea r+o SOURCE ACTMTYNUTABER MFORMATION (IXPWf� OU-� MINUTES OF TF� LEGISLATIVE HEARING �� S PARK N JET, 1465 DAVERN STREET Tuesday, December 28, 1999 Gerry Sirathman, Legislative Hearing Officer STAFF PRESENT: Corinne Asuncion, License, Inspections, Environmental Protection (LIEP); Tom Beach, LIEP; Larry Zangs, LIEP The meeting was called to order at 11:00 a.m. Gerry Sirathman stated this meefing is being held to hear objecfions to the issuance of a parking ramp license to Park N Jet at 1465 Davern Street. Mr. Strathman asked why is this license being applied for and if the parking ramp has been there for a number of years. Lany Zangs responded this is a new license for the ramp structure on the west side of Davem. However, there is a parking lot also: it is on the east side of Davern, and has been operated by JLT for a few years. The license application before us today deals with the structured ramp built by JLT, which is under construction at this point. A temporary certificate of occupancy has been issued for the parking ramp because enough of the building is within compliance to allow its use. Certain issues still need to be resolved and timing will not allow the ramp to be finished during the winter months. LIEP is recommending approval of ttris license. There will be final inspecrions and a final certificate of occupancy issued. John Grzybek, address of 1330 St. Paul Avenue, representing Highland District Council appeared and stated he wrote a letter to Gerry Strathman on behalf of the district council, which is the catalyst for this hearing. On this license being recommended by staff, there are conditions that aze the same as the license conditions far the lot on the east side. These conditions set forth by the City Council mirrored the agreement between Park N Jet and the Highland District Council, which was to do certain landscaping on Shepazd Road and Dauern That was in May 1997. Mr. Grzybek is concerned about what the operator is going to do because the business has a lrack recard of not complying with agreements and ignoring conditions. Mr. Strathman asked were there any lilacs planted by Park N det on Shepard Road. Mr. Grzybek responded there are none on Shepazd Road nor Davern. The district council has worked with the City and tried to enforce this condition on the license. Have they given an explanation as to why the condition has not been met, asked Mr. Strathman. Mr. Grzybek responded no but he has heard that the reason no landscaping has been done is because the owner plans to develop that azea, but no plans have been filed. Two yeazs is an unreasonable amount of rime to comply. Also, stated Mr. Crrzybek, the operator cut down trees on Davern. This is designated a critical area and specific ordinances prohibit clear cutting. Mr. Strathman asked what has the City done to enforce the conditions on the surface lot license. Mr. Zangs responded the City initiated an enforcement action in 1998. A temporary building oc�-�, PAItK N JET - 1465 DAVERN STREET - LEGISLATIVE HEAI2ING Page 2 was moved on the site with permission but the time for it being there had expired. There was an adverse acrion and a fine unposed of $2,000. Several council actions approved suspending the fine for 90 days. From there, Mr. Zangs is not sure what happened to the fines, but to the best of his knowledge the fine has not been collected. As of this date, the temporary building has been removed from the site. The landscaping is the outstanding issue. Mr. Strathman asked the status of the license and is it suspended. Mr. Zangs responded the only thing suspended is the fine. Mr. Zangs would have to ask the city attorney the status of the fine. Mary McDowell, Park N Jet, 739 Vandalia Street, appeazed and stated the suspension of the fine was tied ta getting the temporary building removed. The temporary building was the office for Pazk N Jet while the ramp was being constructed. As soon as the ramp was finished, the building was removed. The original violation did not have to do with the landscaping, but it had to do with the building, asked Mr. Strathman. Ms. McDowell responded the business acknowledged they did not plant the lilacs. It did not make sense to plant when they will soon excavate. Over a yeaz ago, 600 lilacs were purchased, there was a hazd freeze, and they were frozen in the ground. At this same time, there was a Shepard Davern Small Area Plan. Park N Jet would like to build an office and hotel, but they need to know what will be allowed in that area for height and setbacks. They had final plans for a ramp at 1460 Davern, but the City said they did not want a ramp on Shepard Road and asked would they consider moving it across the street; this halted the entire process. By shifting to the other side at the City's request, they ran into setback problems, neighboring property owners, encroaching gazages. The ramp was finished last fa11. Ms. McDowell stated she does not lrnow what NIr. Grzybek was eluding to with respect to the same conditions as the other side. Mr. Strathman asked what conditions aze being recommended far this license. None for the parking ramp, responded Mr. Zangs. The ramp has landscaping requirements, stated Ms. McDowell. They also have a large letter of credit, which runs in fauor of the City and can be cashed by the City if Park N Jet does not comply with the terms of the approval. Some of these items could not get done this fall. The other issue is the trees. Park and Recreation had invoiced Park N Jet for trees that were removed. It was acknowledged that these were not mature trees, but shrubbery things. These trees are not soid at nurseries because they are considered obnoxious plant materials so Park N Jet could not have replaced them. Parks and Recreation waived the invoice far those trees so this issue is moot. Mr. Strathman stated the only issue left is the lilacs on Shepard and Davem. He asked what aze Park N JeYs plans. Ms. McDowell responded it depends on when they heaz from the Shepard Road Small Area pian. They plan to develop that site. They do not plan to plant lilacs this winter. If development is totally stalled in the spring, they will order 600 three inch lilacs to plant this spring if need be. oo-b PARK N JET - 1465 DAVERN STREET - LEGISLA'I`IVE HEARTNG Page 3 Mr. Zangs stated there is a letter of credit with respect to the parking ramp, but there are also other issues. There is cash escrow being held as part of the surface pazking lot as weil. Mr. Beach reported that for the parking lot on the east side of Davern, JLT gave LIEP two checks as eserow to ensure that the landscaping would get down; the checks total appro�mately $2,500. LIEP would return the money once the landscaping is done. The landscaping has not been done for the pazking lot east of Davern and aiso has not been done for the ramp, although LIEP did not expect it to be done this fall. Ttiere is a letter of credit of $50,000 or $75,000 for that. Mr. Strathman stated that issue is not a problem because they are not expected to have the landscaping for the ramp done at this point. However, they are expected to haue the landscaping done for the lot. Mr. Strathman asked why the City has not taken the $2,500 in escrow and done the planring. Mr. Beach responded lack of fime. It is complicated for LIEP to hire a contractor, get bids, and then plant on some else's property. Also, JLT installed a fence on this property which makes it crowded to plant lilacs. There is only about three feet between the fence and where the asphait starts. Ms. McDowell responded the lilacs can fit if they are trimmed back. Is the $2,500 sufficient for the plants required, asked Mr. Strathman. Mr. Beach responded it may not be enough. Also, there is a provision in the zoning code about minimal standards for landscaping, and a three inch shrub would not meet the minimum. With regard to the tree issue, Mr. Grzybek stated, there is a City code regarding tree cutting. Parks and Recreation does not have a right to violate City ordinance. Mr. Strathman responded it is hazd to hold the owner culpable if City staff approved what they did. Mr. Strathman stated we are not discussing landscaping for the ramp, which is not expected to be done at this point, and there is an escrow on file. The planting of the lilacs at the existing lot does seem to be an issue; however, it is an enforcement issue. The City has the wherewithal to achieve enforcement by taking adverse action or through the letter of credit. Mr. Strathman does not see how the failure of the owner to do the planting and the failure of the City to enforce requirements goes to the issue of denying the license for the ramp. As far as the issue before us today, Mr. Strathman does not see cause for denying the license. Gerry Strathman recommended approval of the license. The meeting was adjourned at 11:34 a.m. �