04-792Council File # ��' � /'�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Green Sheet # �2�f�2SL/ /
Committee Date
University of St. Thomas, Macalester Groveland Community Council,
Merriam Pazk Community Council, and the Sununit Avenue Residential Preservation Association
Mutually Accepted Compromise Agreement
4 WHEREAS, the University of St. Thomas (hereinafter "UST"), in zoning file No.04-054-501, applied for
5 a Conditional Use Permit for the purpose of expanding its campus boundary pursuant to Leg. Code §65.220 for on
6 property located on the rivo blocks bounded by Summit, Cleveland, Grand, and Cretin Aves., Parcel Identification
7 Number(PI1� OS-28-23-41-0004, OS-28-23-41-0014, OS-28-23-41-0016,and OS-28-23-41-0070 thru 0092,and
8 legally described as GROVELAND ADDITION TO ST PAUL, BLOCK 1, W 32 93/100 FT. OF LOT 13 AND EX.
9 W 21 45/100 FT., LOT 14, AND LOTS 24-26; MOSES ZIMMERMAN'S REA1titANGEMENT; SUMMIT
10 WOOD, LOTS 1-30; and
11 WHEREAS, on May 27, 2004, the zoning committee of the planning commission, having provided notice
12 pursuant to Leg. Code § 64300, duly conducted a public hearing on the said application at which all persons present
13 were given an opportunity to be heazd; and
14 WHEREAS, on June 4, 2004, the Saint Paul Piamiing Comtnission, based upon all the evidence presented
15 to its zoning committee at the said public hearing, together with the report of staff, approved UST's CUP
16 application, subject to seven conditions, based upon the findings as set forth Planning Commission Resolution No.
17 04-58 which is adopted and incorporated herein by reference; and
18 WHEREAS, pursuant to the provisions of Leg. Code § 61.702(a), the Merriam Park Community Council
19 (hereinafter, "MPCC"), the Macalester Groveland Community Council (hereinafter, "MGCC") and the Sununit
20 Avenue Residential Preservation Association (hereinafter "SARPA"), each duly filed separate appeals from the
21 Planning Commission's decision to approve the UST's CUP applicatfon and requested a hearing before the Cily
22 Council concerning the CUP approval; and
23 WHEREAS, UST, also pursuant to the provisions of Leg. Code § 61.702(a), duly filed an appeal from the
24 decision of the Planning Commission and requested a hearing before the City Council concerning the conditions
25 imposed by the Planning Commission on UST's CUP approval; and
26 WHEREAS, on July 28, 2004, the City Council, pursuant to Leg. Code § 61.702(b), conducted a public
27 hearing on all of the said appeals where all interested parties were given an opportwuty to be heard; and
oy-�g.�
1 WHEREAS, at the close of the July 28, 2004 public hearing, the City Council moved to lay the respecrive
2 matters over to August 4, 2004 for the purpose of allowing the said parties to meet to determine whether the parties
3 could reach a mutually acceptable compromise in this matter; and
4 WHEREAS, on August 4, 2004, the City Council received information that as a result of ineetings between
5 the said parties to these appeals, the parties have crafted mutually acceptable compromise agreements as to their
6 respective appeal points, which both revises and adds conditions to the CUP approved by the City's planning
7 commission on June 4, 2004; and
8 WHEREAS, the City Council, having received the information of the compromise agreement and upon the
9 transmission ofthe terms ofthe said agreements and acting pursuant to its authority granted under Legislative Code
10 § 61.704; DOES HEREBY
11 RESOLVE, to deny all the appeals of UST, MPCC, MGCC and SARPA and to affirxn the Planning
12 Commission's approval of UST's CUP application, as set forth in Planning Commission Resolution No. 04-58,
13 dated June 4, 2004, and to adopt the Planning Commission's resolution as its own by reference hereto, except to
14 the extent modified as noted herein below, such modifications being premised upon the mutual agreements reached
15 between UST, MPCC, MGCC and SARPA and reported to the City Council; AND,
16 BE IT FURTHER RESOLVED, upon the mutual agreements as recommended by UST, MPCC, MGCC
17 and SARPA, that Plaxming Corrunission Resolution No. 04-58 shall have its conditions set forth therein modified
18 to read as follows:
19 1. Campus Boundary. The campus boundary for the University of St. Thomas shall be
20 expanded to include the following properties:
21 East bloc# (bounded by Suminit, Cieveland, Grand and Finn): 2067 and 2085 Grand Ave.;
22 2110 Sutmnit Ave.
23 West block (bounded by Suminit, Finn, Grand, and Cretin): 2123, 2125, 2129, 2139, 2143,
24 2151, 2159, 2163, 2167, 2171, 2175 Grand Ave.; and 2120, 2130, 2134, 2140, 2144, 2150,
25 2154, 2156, 2166, 2170, and 2174 Summit Ave.
26 East of Cleveland Ave. : The four properties located at 2055 Suminit Ave., 2045 Summit
27 Ave., 44 N. Cleveland Ave., and 2057 Portland Ave.
28 Attachmentllistsalloftheaddresses,properryidentificationnumbers(PINs),andlegaldescriptions
29 for these properties. St. Thomas hopes to eventually acquire 2133 Crrand Ave. as well. This
30 properry will automatically be included within the boundary upon purchase.
31 Consistent with the University of St. Thomas Campus Boundary Plan amendment to the Saint Paul
32 Comprehensive Plan Land Use Chapter, adopted on May 3, 1990, the boundazies set forth herein,
33 with the addition of 2055 Summit Ave., 2045 Summit Ave., 44 N. Cleveland Ave., and 2057
34 Portland Ave., ue to be considered as the definitive, long-term campus for the UniversiTy of St.
35 Thomas. Expansion beyond this azea shall be considered contrary to City policy. St. Thomas agrees
36 not to purchase additional_property in the neighborhood within one mile of the carnpus or along the
37 entire length of Summit Avenue, with the exception of a home used as a residence for any future ex-
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p�l - 79�
1 president or chancellor, and excepting property purchased as part of a purchase/rehabilitation initiative as
2 described in Condition 10. Further, St. Thomas agrees to sell, within 5 years from the date of permit
3 approval, the properties it owns south of Grand Ave., including 2076, 2080, and 2084 Grand Ave. St.
4 Thomas Purther agrees to apply to rezone 2076 Grand Ave. to a residential zoning
5 classification, and sell the three properties with a restrictive covenant that they be used only for owner-
6 occupied, non-student residential uses. If properry is bequeathed to St. Thomas, it shall dispose of the
7 properry and return it to a conforming use within two yeazs.
8 2. Building Heights and Setbacks. Building heights and setbacks within the two-block development
9 azea shall be as follows:
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Setbacks
Summit Ave. frontage - A 50 ft. setback is established for the west block to match the setback of
the existing residential structures, six of which would remain. On the east block, a 100 ft. setback
is established for the three story portions of the two 59 ft. tall (to the ridge) academic buildings. One
and two-story elements ofthe academic buildings, designedto soften the building height, can extend
into the 100 ft. setback and must have a minimum setback of 80 ft. for the two-story portion and 50
ft. for the one-story portion.
Cleveland Ave. frontage - For the academic building, a 75 ft. setback to the three-story portion is
established, with a minimum setback of 65 ft. Yo the two-story portion and 25 ft. to the one-story
portion that would extend into the 75 ft. setback area. For the residential building located at the
Cleveland and Grand corner, a 25 fr. setback from Cleveland is established.
Grand Ave. frontage - A 25 foot setback from Grand is established for the Cleveland/Grand
residential building at the corner. A 25 ft. setback is established for all of the other residential
buildings along Crrand Ave. in both the east and west block. This matches the existing setback of
the residence at 2133 Grand Ave. and the two apartment buildings at 2171-2175 Grand Ave. that
would remain under the proposed development pian_
Cretin Ave. frontage - The buildings along this frontage, the 2175 Grand apartment and 2174
Summit Ave. house, aze proposed to remain. The existing setbacks should be maintained. If the
apartment building at 2175 Grand is replaced by a newly constructed building, a 25 ft. setback from
Cretin Ave. shall be required.
Finn St. frontage - A 25 ft. setback is established for the new building on the west side, and a 30
ft. setback for the academic building on the east side.
Building Heights
The ma�cimum height for the academic buildings shall not exceed 59 ft. to the ridgeline at the top of
the buildings. The maacimum height of the residen�ial buildings, including the child development
center/apartment building, shall not exceed 40 ft. to the top of the buildings. These heights shall be
considered an absolute maximum, including all mechanical equipment.
3. Size of Academic Buildings and Prohibition on Auditorium Uses. A maximum of two academic
buildings may be built on the east block. The size of the first academic building shall not exceed
75,000 sq. ft. in size. The size of the second academic building shall not exceed 65,000 sq. ft. in
size. No auditorium, performance hall, or athletic facility with the capacity ofmore than 250 persons
shall be constructed on the east or west blocks.
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1 4. EAW Mifigation Measures. St. Thomas shall be required to implement the following mitigarion measures
2 as recommended in the Revised EAW, dated October 13, 2003 (pp. 84-85):
3 • Retain residences at 2120, 2130, 2170, and 2174 Summit Avenue and two more Summit
4 Avenue houses to be designated. The apartment buildings at 2171 and 2175 Grand may be
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retained or removed.
• Enroll in the Voluntary Petroleum Investigation Cleanup Program (VPIC) with the
Minnesota Pollurion Control Agency for the clean up of soil contamination related to the gas
station and other LUSTs (leaking underground storage tanks).
• Complete soil boring investigations in construction azeas prior to excavation activities.
• Conduct a demolition survey of each building to be removed from the site prior to
demolition.
• CoordinatewiththeHeritagePreservationCommission(HPC)regardingthehistoricdistrict
design guidelines and design the new buildings in keeping with the character of the historic
district. Apply for the appropriate permits from the HPC.
• Cooperate in preparation of an appropriate environmental review (e.g., EAV� for the future
student center or other developments proposed within the historic district.
• Review any changes to the two-block development project or future phased actions
(developments elsewhere on campus analyzed in the EAW) with the City to determine if
changes result in different environmental impacts (the City will determine the appropriate
level of analysis required to evaluate such changes).
• Provide emergency vehicle access on the west block via the mid-block sidewalks.
• Obtain necessary City permits and 'unplement the Pedestrian Management Plan for the
Summit Avenue Parkway between Cretin and Cleveland by the completion of Stage 1 ofthe
two-block development project.
• Provide the City with the funding to complete the traffic signal adjustments required as
mitigation for the two-block development project as recommended in the EAW.
• Report to the City on the status of the seazch for remote parking and establishment of shuttle
buses to supplement on-campus parking.
• Move the bus stop on Summit to the east to minimize conflicts with buses and pedestrians
using the crosswalks.
• Further modify parking fees to masimize the use of on-campus parking areas (such as the
Monison Hall ramp).
• Prepare a storm water management plan that complies with the CiTy discharge rate
restrictions.
• Control construction and demolition dust via watering, street sweeping, rock entrance, and
other Best Management Practices.
• Provide temporary barriers around the portions of the site under construction for safety.
• Provide information as needed to assist the City in better managing on-street parking
restrictions around the St. Paul campus.
• Conduct a student transportation survey to determine student parking and bransportation
needs and develop a parking and transportation plan for St. Thomas. (The survey should be
conducted when classes are in session. Postcard surveys orrandom student interviews could
be conducted. Focus groups could also be held.)
• Control student housing through the Campus Living Office and enforce the City's noise
ordinance.
• Install a bus shelter (suggested by Metro Transit) on westbound Summit at the Metro Transit
layover area, if approved by the HPC, and coordinate with Meffo Transit and ACTC
(Associated Colleges ofthe Twin Cities) to determine if other improvement to bus service
can be made.
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5. 2133 Grand Ave. (residential property not owned by St. Thomas). All campus buildings
developed adjacent to this properry must be set back a minimum of 50 feet from the west side
property line and 2S ft. from the east side properry line. Alley access to the property must be
maintained. St. Thomas shall work with the owner of 2133 Grand to develop appropriate means of
mitigating the impact of increased student residents and a child development center adjacent to the
property, and shall consider measures such as: fencing, special landscaping, or other screening;
lighting that does not spill over the properry line; window placement that enhances privacy; design
and placement of child caze drop-off and pick-up areas to minimize the potential for blocking alley
access; and education of neazby student tenants to respect the property and privacy of the residents of 2133
Grand. The appropriate mitigation measures that wilT be required by the City will be determined during the
site plan review process. These requirements shall no longer be in effect if 2133 Grand is subsequently
purchased hy St. Thomas and the property automatically inciuded in the campus boundary.
6. Enrollment Growth Increases. St. Thomas agrees that total enrollment at the Saint Paul campus
shall not exceed 8,750 students, including full-time, part-time, and audit students. Upon such time
enrollment exceeds 8,000 students, St. Thomas shall report to the Planning Commission for
additional review and conditions. The review shall consist of analyzing the impact of the additional
enrollment on areas such as parking, traffic, student housing, and other related impacts on the surrounding
residential area. St. Thomas shail propose a plan to mitigate negative impacts resulting from the additional
enrollment, and the Planning Commission may impose additional conditions on this permit to address those
impacts. Any additional conditions imposed by the Planning Commission may be appealed to the City
Council.
7. NumberofResidentialBeds. Thetotalnumberofresidentialbedsontheeastandwestblocksshall
not exceed 450, unless 2133 Grand Ave. is acquired, in which case the total shall not exceed 475
beds. In no event shall there be more than 100 beds in residences on Suuunit Avenue. Those
persons living on the east and west blocks shall include a mix of undergraduate juniors and seniors
and graduate students, with resident advisors, facuity and staff.
8. West Block Development. No new academic buildings shall be constructed on the west block.
New construction shall be for residential uses only. St. Thomas shall agree to preserve six of the
existing single-family houses on the Summit Ave. frontage not including the gazages. Any
residential structures built to replace any single-family homes which are moved or demolished shall
be designed to look like single-family ar"mansion" style homes of diverse designs, such that the
Snmmit Ave. side ofthe west block shall always appear to be a single-family residential block. For
demolition and conshuctionwork within the hisCoric district, 5t. Thomas shall follow the established
review procedures of the Heritage Preservation Commission.
9. Finn St. For a period of no less than 30 years from the date of permit approval, St. Thomas agrees
not to petition to close Finn St. between Smmnit and Grand Aves. and that Finn St. in this block shall
remain a public street open to two-way traffic.
10. CommunityDevelopment Corp. St. Thomas shall capitalize a CDC or establish a similar initiative
whose purpose would be to purchase, rehabilitate, and se11 to non-student owner-occupants an
average of at least 2.5 houses per year within the boundaries of the Merriam Park and Macalester-
Crroveland neighborhoods. The average will be calculated over a twelve year time period, so that
30 houses will be done over the 12 years. For properties sold through this effort, restrictive
covenants shall be added at time of sale to require use of the properties for non-student, owner-
occupied residential uses only.
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11. University/Community Advisory Council. St. Thomas agrees to participate, at the levet of senior
management and the board of trustees, in an advisory council charged with resolving
university/community problems, and providing a channel for communications on campus master
pianning and development, and to enhance university/community relations. The composition ofthe
advisory council would include representatives of the St. Thomas board of trustees, senior
management and students, and neighborhood representatives from the Merriam Pazk Community
Council and the Macalester Groveland Community Council, the Summit Ave. Residential
Preservarion Association, and Neighbors United. The scope of the advisory council's work would
include all issues affecting local residents, including but not limited to: the creation and management of a
CDC or similaz initiative to purchase and rehabilitate housing in the neighborhood; pazking; St. Thomas
construction impacts, includingthe building ofparking lots, athletic fields; student housing (both on and off-
campus); and neighborhood quality of life issues such as the impact of student party houses. This group
would meet at least quarterly and report to the St. Paul Planning Commission and the St. Paul City Council.
12. Parking Issues. St. Thomas agrees to explore and implement policies, such as reducing pazking
permit fees, that will increase the use of its on-campus pazking spaces on evenings and weekends for the
2004-2005 school year. St. Thomas also agrees to explore ways to further increase use of on-campus pazking
and use of bus passes for all students in the 2005-2006 school yeaz and succeeding years.
13. Parking Ramps. Parking for the east and west blocks shall be developed as proposed by St.
Thomas, with a maximum of 590 spaces constructed in underground parking ramps on both blocks,
and with access from Finn St. A small number of surface pazking- spaces, for uses such as drop-
off/pick-up, or loading shall be permitted. If St. Thomas is unable to develop 590 total spaces on
the two block development site, because of site and design constraints, such as those related to
retaining six ofthe existing houses on Summit, then the balance of the spaces may be developed on
the south campus.
14, Student Addresses. St. Thomas agrees to require all enrolled students to declaze a bonafide locai
address, as a condition ofregistration, and will improve its computertracking of student housing data
to assist in enforcement of local City rental occupancy ordinances.
I 5. Community Contribution. St. Thomas agrees to commit a total of $30,000 annually for use by the
Merriam Park and Macalester Groveland Community Councils and the newly-established
University/Community Advisory Council. The university would have discretion to award $10,000
peryeaztoeachcommuniTycouncil. TheUniversitylCommunityAdvisoryCouncilshallbeawarded
$10,000 per year to be used at its discretion to address neighborhood issues related to the presence
of the campus.
16. Goodrich Ave. Access. At such time as the University remodels or replaces the Binz Refectory or
replaces Grace Hall, the loading drive which currently exists between Goodrich Ave. and the Binz
Refectory shall be removed, such that there shall be no vehicular access from Goodrich Ave. to any
ofthe University's buildings on the south campus.
WI3EREAS, the compromise agreement also included an agreement by SARPA to drop its pending lawsuit against
the City regarding an environmental assessment worksheet prepared for the UST expansion along with a further
agreement that SARPA and its existing boazd members would not appeal to City Council or sue the City in the
future regarding any approvals by the City's Heritage Preservation Commission for the removal of the five houses
UST owns on SLUmnit Avenue and for the construction of new residential structures under the campus expansion
that are consistent with the conditions of the permit; AND
Page 6 of 7
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1 BE IT FURTAER RESOLVED, that the clerk shall mail a copy of this resolution to UST, MGCC, MPCC,
2 SARPA, the zoning and plauning adininistrators and the plauning commission.
Requested by Department of:
Sy:
Form Approved by City Attorney
�
Approved by Mayor for SuUmission to Council
L'�3�
I ��
�
Adopted by Council: Date /7i �ii t// �p�l�
Adoption Certified by Council SecreGVy
o�f-792
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Departrne�rt/offieelcouncil: DaEe Initiated:
co � „-�� Green Sheet NO: 205207
CorMact Person & Phone: DeoarimerK faent To Pe�son Ini6aVDate
Cauici�memberBenanav � 0 omn7
� Assign 1 o De ent Directar
Must Be w� Co�mcil Agenda bY lDabel: Number 2 Cledc
'I&AUG-04 �
Routi�9 3
OMer 4
5
Total # W Signature Pages, (Clip AII Loptio� for SignaWre)
AcNen Requested:
Approving U of St. T'homas, Macalester Groveland Community Council, Merriam Pazk Community Council, and Summit Avenue
Residential Preservation Association Compromise Agreement.
RewmmendaUons: Approve (A) w Reject (R): Personal3ervice CoMracts Must A�wer the Following Questiore:
Planning Commission 1_ Has this persoNfirm ever worked under a coMrad for this department7
CIB CommRtee Yes No
Civil Service Commission 2. Has this person/firtn ever been a ciry employee?
Yes No
3. Does tliis person/firtn possess a skill not normaly possessed by any
curreM ciry employee?
Yes No
Explain all yes answers on sepante sheet and attach to green sheet
Initiatlng Problem, Issues, Opportunity ryVho, What, When, Where, Why):
AdvarKages IF Approved:
DisadvaMages N Approved:
DisadvaMag� If Not Approved:
Total AmouM of �y�� Budgeted:
Trensaction:
Fumii� Source: ActivNy Number.
Pinanciai IMortnation:
(6qrlain)
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMENT
Mmth¢ G Fu11er, Direc[or
CITY OF SAINT PAUL
Randy C Kelly, Mayor
July 13, 2004
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
2� West Fourth Sbeet
Saint Paul, MA� Si 102
�
O�f -�79�
Telephone 65l-266-6700
Facsimde. 6�I-?28-322Q
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, July 28,
2004, for the following zoning case.
Zoning File Number:
Appellant:
Address
Purpose:
Previous Action:
04-110-366
Merriam Park Community Council
Two bfocks bounded by Summit, Cleveland, Grand, and Cretin Avenues.
Appeal of a Planning Commission decision approving a Conditional Use
Permit for expansion of the University of St. Thomas campus boundary.
Zoning Committee Recommendation: Approval with conditions, 7- 0, May 27, 2004
Pianning Commissio� Decision: Approval with conditions, 15-3 (Fotsch, Coletta, McCall) , June 4, 2004
I have confirmed this day with Councilmember Benanav's office. My understanding is that this public
hearing request wili appear on the agenda for the July 21, 2004, City Council meeting and that you will
publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6556 if you have any
questions.
Sincerely,
�°rw����
Donna Drummond
City Planner
cc: File #: 04-110-366
Appellant: Merriam Park Community Council
Paul Dubruiel
Wendy Lane
Carol Martineau
Allan Torstenson
� NO�TCE OF PUBLIC HEARII�TG
The Saint Panl-City Council witl con-
duct a public hearing on Wednesday, July
28, 2004, at 5:30 p.m. in the GSty Council
Chxmbers, Tlvrd Floor, City T�Iall, to con-
sider the appeal of the Merriam Park Com-
munity Cotincil to a decision of the Plan-
ni�a Commisffion appmving a-(:onditional
Use Permitfor espazLSion of the Unfvezsity
of St. Thomas campus bonndary in the
two blocks bounded by Summit,
Cleveland, Grand, and Cretin Avenues.
Dated: July 13, 2004
MARY ERICI{SON,
Assistanf CYty Council Secretary
(July 15)
ST. PAUL IaGAL78DC�R
22083242
L W maoda�Zonmg�Pcdoos\CCdocs\04110366�u12S-04ccEncksonmeYAeYatlPf&FjfA Employer
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMEiJT
Martha G. Fuller, Director
CITY OF SA1NT PAUL
Randy C. Kelly, .'vlayor
July 13, 20�4
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
2J West Fourth Sbeet
Sain1 Paul. MN 55(02
7=1
a��=7�a
Telephone. 65l-266-6700
Facs�mi(e: 651-22&3220
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, July 28,
2004, for the following zoning case.
Zoning Fi{e Number:
Appellant:
Address:
Purpose:
Previous Action:
04-110-542
Summit Ave. Residential Preservation Association (SARPA)
Two blocks bounded by Summit, Cleveland, Grand, and Cretin Avenues.
Appeal of a Planning Commission decision approving a Conditional Use
Permit for expansion of the University of St. Thomas campus boundary.
Zoning Committee Recommendation: Approval with conditions, 7- 0, May 27, 2004
Planning Commission Decision: Approval with conditions, 15-3 (Fotsch, Coletta, McCall) , June 4, 2004
I have confirmed this day with Councilmember Benanav's office. My understanding is that this public
hearing request will appear on the agenda for the July 21, 2004, City Council meeting and that you wilf
publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6556 if you have any
questions.
Sincerely,
���. V �
Donna Drummond
City Planner
cc: File #: 04-110-542
Appellant: Summit Ave. Residential Preservation Assoc.
Paul Dubruiel
Wendy Lane
Carol Martineau
Allan Torstenson
� NOTICE OF PUBIdC HEARING
The Saint Paul City Council will con-
duct a publie hearing on V�TednesdaY 3u�Y
28, 2004, at 5:30 p.m- ia the GSty Council
Chambers, Tlurd Floor City HaII, to con-
sider the appeal of the Summit Avenue
Residential Preservation Association
(SAR.PA) to a decision of the Planning
Commission appmving a Conditional Use
permit for expansion of the University of
St. Thomas campus boundu'}' in the two
blocks lwunded by Summit, Clevelaad,
Grand, and Cretia Avenues.
Dated: Jvly 13, 2004
MARY ERICKSON,
Assistant City C�� 51 etazY
SL PAUL LEGAL LSDGER
220H3241 _
L W manda�Zovmg�Pcdocs�CCdocs\04-] 10-542�u128-04ccEricksonma�felV�BFS�p Employer
DEPARTMENT OF PLANNING
& ECONOM[C DEVELAPMENT
Mmtha G. Fuller, Director
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
July 13, 2004
Ms. Mary Erickson
City Council Research Office
Room 310 City Hail
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
2� West Fourth Sbeet
Saint Paul, MN 55102
�
��-�7qa
Telephone 6.i1-266-6%00
Facsimde: 651-228-3220
I would like to confirm that a public hearing befo�e the City Council is scheduled for Wednesday, July 28,
2004, for the following zoning case.
Zoning File Number:
Appel lant:
Address:
Purpose:
Previous Action:
04-110-613
University of St. Thomas
Two blocks bounded by Summit, Cleveland, Grand, and Cretin Aves.
Appeal of a Planning Commission decision approving a Conditional Use
Permit for expansion of the University of St. Thomas campus boundary.
Zoning Committee Recommendation: Approval with conditions, 7- 0, May 27, 2004
Planning Commission Decision: Approval with conditions, 15-3 (Fotsch, Coletta, McCall) , June 4, 2004
1 have confirmed this day with Councilmember Benanav's office. My understanding is that this public
hearing request will appear on the agenda for the July 21, 2004, City Council meeting and that you will
publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6556 if you have any
questions.
Sincerely,
��
Donna Drummond
City Planner
cc: File #: 04-110-613
Appellant: University of St. Thomas
Paul Dubruiel
Wendy Lane
Carol Martineau
Allan Torstenson
NOTICE OF POBISC HEARII�iG
The Saint Papl GYty Council will con-
duct a public hearing oa Wednesday, July
2S, 2004, at 5:30 p.m. in the G�ty Council
Chambers, Tlurd .Floor, City I3all, to'con- .
sider the appeal of the University of St.
Thomas to a decision of the Planning
Commission approving a Condi7�ona1 Use
Permit for expansion uf the University of
SG Thomas campus boundary in the two
bloeks bounded by Summit, Cleveland,
Grand, and Cretin Avenues.
Dated: Julg 13, 2004
MARY ERICKSON,
Assistant City Covncil Secretary
(July 15)
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DEPAR'I'MENT OF PLANNING
& ECONOMIC DEVELOPMENT
Martha G. Fuller. Director
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CITY OF SAINT PAUL
Randy C Ke11y, Mayar
July 13, 2004
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Erickso�:
25 West Fourth Street
Saint Paul, MN »102
Telephone: 657-266-6 i00
F¢csimile: 651-2?8-3220
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, July 28,
2004, for the following zoning case.
Zoning File Number:
Appellant
Address:
Purpose:
Previous Action:
04-110-655
Macalester Groveland Community Council
Two blocks bounded by Summit, Cleveland, Grand, and Cretin Avenues.
Appeal of a Planning Commission decision approving a Conditional Use
Permit for expansion of the University of St. Thomas campus boundary.
Zoning Committee Recommendation: Approval with conditions, 7- 0, May 27, 2004
Planning Commission Decision: Approval with conditions, 15-3 (Fotsch, Coletta, McCall) , June 4, 2004
i have confirmed this day with Councilmember Benanav's office. My understanding is that this public
hearing request will appear on the agenda for the July 21, 2004, City Council meeting and that you will
publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6556 if you have any
questions.
Sincerely,
��rv,c V /VwvvrC-cr ..vaaa:� UF PUBLIC HEARIIHG
Donna Drummond
City Planner
cc: File # 04-110-655
Appellant: Macalester Groveland Community Council
Paul Dubruiel
Wendy Lane
Carol Martineau
Allan Torstenson
The Saint Paul City Council will con-
duct a public hearing on Wednesday, Jiily
28, 2004, at 5:30 p.m. in the City Council
Chambers, Third F7oor, City Hall, to con-
sider the appeal of the Macaleater Gmv-
eland Community Couneil to a decision of
the Pl n n'na Commission approving a
Conditional Use Permit f`or espansion. of
the Univexsity of St. Thomas campus
boundary ia the Lwo block.s bounded by
S�mit, Cleve]and, Grand, and Cretin Av-
enu�.
Dated: July 13, 2004
MARY ERiCIiSON,
Assistant City Council Secretary
(Jvly 15)
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LARRY D. STARNS
1950 Summit Avenue • St. Pau1,MN 55105 • 651.698.
7291
1. d. stams@worldnet. att. net
July 28, 2004
Honorable Jay Benanav, Councilman
City Council
CiTy of Saint Paul
Room 310-C
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
Re: Appeal of Historic Preservation Commission (HPC) Decision regarding Demolition of
the University of St. Thomas' (US� Christ Child School Building located at Summit and
Cleveland Avenues, St. Paul.
Deaz Councilman Benanau:
My name is Larry Stams and I reside at 1950 Summit Avenue in Saint Paul. Due to a scheduling
conflict, I am unable to attend the City Council hearing on the appeal of the HPC decision to raze
the UST-owned Christ Child building this evening. I would like you to consider my comments
before you make your decision and I ask you to enter them into the record.
I have lived on Summit Avenue for approximately 15 years and have been involved with the
UST Proposed Expansion Project for approximately five yeazs. I am also a past-President of
the Summit Avenue Residential Preservation Associafion. In all of my years residing in this
neighborhood, I have never encountered such a grave threat to my qualiTy of life and that of
my family and friends as is posed by the expansion of UST. This Proposal will entail the
demolition of two entire blocks of Summit and Grand Avenues. The magnitude of this
demolition within a residential community and within an historic preservarion district is
unprecedented in St. Paul as faz as I can recall and it certainly causes one to pause and think
about the legacy it will leave.
Why do I speak of the Proposed UST Expansion Project in the context of this Appeal?
Because this is the first step toward the demolition of other properties not yet approved for
demolition, though it will clearly be the first in a string of dominoes to fall.
To approve this partial demolition in a vacuum would be to circumnavigate around the real
issue involved with this property: the lazger Proposed Project. It is the easiest of the
properties for which to receive approval and, like blockbusting, is a very effective tool to
accomplish the object of conquering the lazger target: the balance of the two blocks involved.
There is nothing pretty about what it going on and the City should not be a party to this
blatant tacric to destroy our neighborhood.
Hon. Jay Benanav
July 28, 2004
Page 2
What appears to be occurring is the tactic of incrementalism whereby the true, lazger picture
is never revealed. By taking small, less visible steps the overall objective can be achieved as
effectively (in this case surely more effectively) as if the whole Project were implemented.
This is disingenuous and belies the very process used to evaluate the unpact of the lazger
Froject. Don't be suckered into this tactic! Show some leadership and force the real, larger
issue into the discussion at a point where it can be honestly and thoroughly evaluated with
proper public participation.
I personally see a very bitter irony in this decision by HPC given that they were involved
with the designation of this property and its context as an historic district I ask you: where is
the integrity of the CiTy when such hypocrisy occurs?
While I think this is particularly problematic conceming such a unique and vital resource for
the City as is represented by Summit Avenue, I nevertheless think it a very significant,
negative precedent for other properties in St. Paul. I ask you: whose property is safe if City
policy can be so easily reversed?
I haue watched as UST has very rapidly expanded. To date, this inoludes the downtown
Minneapolis Campus, the St. Paul Seminary, a campus in Mankato, a retreat center in
Owatonna, and a residential property in Rome, Italy. Now, UST is overtaking our
neighborhood.
I have endwed five yeazs of maneuvering around the most direct course of evaluating the
environmental issues and including the input of those concerned: the preparation of an EIS.
Why, when such a process will only take at most two yeazs, does UST spend five years
avoiding it? The answer seems cleaz: it is a tactic to avoid the proper analysis of the issues of
most concem and which demarcate the true effects of such institutional expansion; namely,
the socio-economic impacts. It is also a tactic to avoid looking at what alternatives aze
available to UST that might have less negative impact on oux neighborhood. I ask you: with
a Froject of this magnitude with the obvious likely negative impacts on the neighbors, why is
there any question about the appropriateness of an EIS?
I understand that SARPA has asked the Ramsey County District Court to rule on the legality
of approving the UST Expansion without an EIS. It is premature for the Council to rule on
whether UST can demolish part of the involved properties unril the Court renders its
judgment. To do so, in my mind, would also leave the appeazance of complicity in UST's
Project and tactics. Please withhold ruling until the Court has provided its expertise into the
analysis.
Hon. Jay Benanav
July 28, 2004
Page 3
Thank you for considering my comments.
Very tntly yours,
Larry Starns
cc:
Hon. Randy Kelly, Major of Saint Paul
Saint Paul CiTy Council Members
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University of St. Thomas Conditional Use Permit
Councilmember Benanav's Compromise Proposal - Aug. 4, 2004
The wording below represents the agreement among the University of St. Thomas, the
Merriam Park Community Council, the Macalester-Groveland Community Council, and
the Summit Avenue Residential Preservation Association. It is proposed as the decision
component of the City Council's final resolution on the St. Thomas conditional use
permit appeals, which has not yet been written. When the complete final Council
resotution is drafted, including alf of the "whereas" clauses reciting procedural steps
and required findings, the language below will be incorporated as the Council's
decision on the zoning appeals and will replace the Planning Commission's action.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul City Council, under the authority of
the City's Legislative Code, that the application of the University of St. Thomas for a Conditional
Use Permit to expand its campus boundary is hereby approved subject to the following
conditions:
Campus Boundary. The campus boundary for the University of St. Thomas shall be
expanded to include the following properties:
East block (bounded by Summit, Cleveland, Grand and Finn): 2067 and 2085 Grand
Ave.: 2110 Summit Ave.
West block (bounded by Summit, Finn, Grand, and Cretin): 2123, 2125, 2129, 2139,
2143, 2151, 2159, 2163, 2167, 2171, 2175 Grand Ave.; and 2120, 2130, 2134, 2140,
2144, 2150, 2154, 2156, 2166, 2170, and 2174 Summit Ave.
East of Cleveland Ave. : The four properties located at 2055 Summit Ave., 2045
Summit Ave., 44 N. Cleveland Ave., and 2057 Portland Ave.
Attachment 1 lists all of the addresses, property identification numbers (P1Ns), and legal
descriptions for these properties. St. Thomas hopes to eventually acquire 2133 Grand
Ave. as well. This property will automatically be included within the boundary upon
purchase. The maps labeled Attachments 4 and 5 illustrate the properties to be
included within the campus boundary.
Consistent with the University of St. Thomas Campus Boundary Plan amendment to the
Saint Paul Comprehensive Plan Land Use Chapter, adopted on May 3, 1990, the
boundaries set forth herein, with the addition of 2055 Summit Ave., 2045 Summit Ave.,
44 N. Cleveland Ave., and 2057 Portland Ave., are to be considered as the definitive,
long-term campus for the University of St. Thomas. Expansio� beyond this area shall
0�-7 9a,
be considered contrary to City policy. St. Thomas agrees not to purchase additional
property in the neighborhood within one mile of the campus or along the entire length of
Summit Avenue, with the exception of a home used as a residence for any future ex-
president or chancellor, and excepting property purchased as part of a
purchase/rehabilitation initiative as described in Condition 10. Further, St. Thomas
agrees to seil, within 5 years from the date of permit approval, the properties it owns
sauth of Grand Ave., inciuding 2076, 2080, and 2084 Grand Ave. St. Thomas further
agrees to apply to rezone 2076 Grand Ave. to a residential zoning ciassification, and sell
the three properties with a restrictive covenant that they be used only for owner-
occupied, non-student residential uses. If property is bequeathed to St. Thomas, it shall
dispose of the property and return it to a conforming use within two years.
2. Building Heights and Setbacks. Building heights and setbacks within the two-block
development area shall be as foilows:
Setbacks
Summit Ave. frontage - A 50 ft. setback is established for the west block to match the
setback of the existing residential structures, six of which would remain. On the east
block, a 100 ft. setback is established for the three story portions of the two 59 ft. tail (to
the ridge) academic buildings. One and two-story elements of the academic buildings,
designed to soften the buiiding height, can extend into the 100 ft. setback and must
have a minimum setback of 80 ft. for the two-story portion and 50 ft. for the one-story
portion.
Cleveland Ave. frontage - For the academic building, a 75 ft. setback to the three-story
portion is established, with a minimum setback of 65 ft. to the two-story portion and 25
ft. to the one-story portion that would extend into the 75 ft. setback area. For the
residential buiiding focated at the Cfeve{and and Grand corner, a 25 ft. setback from
Cieveland is established.
Grand Ave. frontage - A 25 foot setback from Grand is established for the
Cleveland/Grand residential building at the corner. A 25 ft. setback is established for all
of the other residential buildings along Grand Ave. in both the east and west block. This
matches the existing setback of the residence at 2133 Grand Ave. and the two
apartment buildings at 2171-2175 Grand Ave. that would remain under the proposed
development plan.
Cretin Ave. frontage - The buildings along this frontage, the 2175 Grand apartment
and 2174 Summit Ave. house, are proposed to remain. The existing setbacks shouid be
maintained. If the apartment building at 2175 Grand is replaced by a newly constructed
building, a 25 ft. setback from Cretin Ave. shall be required.
Finn St. frontage - A 25 ft. setback is established for the new buiiding on the west side,
and a 30 ft. setback for the academic building on the east side.
Building Heights
The maximum height for the academic buildings shall not exceed 59 ft. to the ridgeline
at the top of the buildings. The maximum height of the residential buildings, including
the child development center/apartment building, shali not exceed 40 ft. to the top of the
buildings. These heights shall be considered an absolute maximum, including all
mechanical equipment.
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3. Size of Academic Buildings and Prohibition on Auditorium Uses. A maximum of
two academic buiidings may be built on the east block. The size of the first academic
building shall not exceed 75,000 sq. ft. in size. The size of the second academic
building shall not exceed 65,000 sq. ft. in size. No auditorium, performance hall, or
athletic facility with the capacity of more than 250 persons shall be constructed on the
east or west blocks.
4. EAW Mitigation Measures. St. Thomas shall be required to implement the following
mitigation measures as recommended in the Revised EAW, dated October 13, 2003
�PP. 84-85):
• Retain residences at 2120, 2130, 2170, and 2174 Summit Avenue and two more
Summit Avenue houses to be designated. The apartment buildings at 2171 and
2175 Grand may be retained or removed.
• Enroll in the Voluntary Petroleum investigation Cleanup Program (VPIC) with the
Minnesota Pollution Control Agency for the clean up of soil contamination related to
the gas station and other LUSTs (leaking underground storage tanks).
• Complete soil boring investigations in construction areas prior to excavation
activities.
• Conduct a demolition survey of each building to be removed from the site prior to
demolition.
• Coordinate with the Heritage Preservation Commission (HPC) regarding the historic
district design guidelines and design the new buildings in keeping with the character
of the historic district. Apply for the appropriate permits from the HPC.
• Cooperate in preparation of an appropriate environmental review (e.g., EAW) for the
future student center or other developments proposed within the historic district.
• Review any changes to the two-block development project or future phased actions
(developments elsewhere on campus analyzed in the EAV� with the City to
determine if changes result in different environmental impacts (the City will
determine the appropriate level of analysis required to evaluate such changes).
• Provide emergency vehicie access on the west block via the mid-block sidewalks.
- Obtain necessary City permits and implement the Pedestrian Management Plan for
the Summit Avenue Parkway between Cretin and Cleveland by the completion of
Stage 1 of the two-block development project.
• Provide the City with the funding to complete the traffic signal adjustments required
as mitigation for the two-block development project as recommended in the EAW.
• Report to the City on the status of the search for remote parking and establishment
of shuttle buses to supplement on-campus parking.
• Move the bus stop on Summit to the east to minimize conflicts with buses and
pedestrians using the crosswalks.
• Further modify parking fees to maximize the use of on-campus parking areas (such
as the Morrison Hall ramp).
• Prepare a stormwater management plan that complies with the City discharge rate
restrictions.
• Control construction and demolition dust via watering, street sweeping, rock
entrance, and other Best Management Practices.
• Provide temporary barriers around the portions of the site under construction for
safety.
• Provide information as needed to assist the City in better managing on-street
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parking restrictions around the St. Paul campus.
Conduct a student transportation survey to determine student parking and
transportation needs and develop a parking and transportation plan for St. Thomas.
(The survey should be conducted when classes are in session. Postcard surveys or
random student interviews could be conducted. Focus groups could also be held.)
Control student housing through the Campus Living Office and enforce the City's
noise ordinance.
Install a bus shelter (suggested by Metro Transit) on westbound Summit at the Mefro
Transit {ayover area, if approved by the HPC, and coordinate with Metro TsansiY and
ACTC (Associated Colieges of the Twin Cities) to determine if other improvements
to bus service can be made.
5. 2133 Grand Ave. (residential property not owned by St. Thomas). All campus
buildings developed adjacent to this property must be set back a minimum of 50 feet
from the west side property line and 25 ft. from the east side property line. Alley access
to the property must be maintained. St. Thomas shall work with the owner of 2133
Grand to develop appropriate means of mitigating the impact of increased student
residertts and a child development center adjacent to the property, and shali consider
measures such as: fencing, special landscaping, or other screening; lighting that does
not spill over the property line; window placement that enhances privacy; design and
piacement of child care drop-off and pick-up areas to minimize the potential for blocking
aliey access; and education of nearby student tenants to respect the property and
privacy of the residents of 2133 Grand. The appropriate mitigation measures that will be
required by the City wili be deteemined during the site plan review process. These
requirements shall no longer be in effect if 2133 Grand is subsequently purchased by
St. Thomas and the property automaticaliy included in the campus boundary.
6. Enrollment Growth Increases. St. Thomas agrees that total enroliment at the Saint
Paul campus shali not exceed 8,750 students, including full-time, part-time, and audit
students. Upon such time enrollment exceeds 8,000 students, St. Thomas shail report to
the Pianning Commission for additional review and conditions. The review shali consist
of analyzing the impact of the additional enrollment on areas such as parking, traffic,
student housing, and other related impacts on the surrounding residentiai area. St.
Thomas shail propose a plan to mitigate negative impacts resulting from the additional
enrollment, and the Planning Commission may impose additional conditions on this
permit to address those impacts. Any additional conditions imposed by the Planning
Commission may be appealed to the City Council.
7. Number of Residential Beds. The total number of residential beds on the east and
west blocks shall not exceed 450, unless 2133 Grand Ave. is acquired, in which case
the total shall not exceed 475 beds. In no event shall there be more than 100 beds in
residences on Summit Avenue. Those persons living on the east and west blocks shall
include a mix of undergraduate juniors and seniors and graduate students, with resident
advisors, faculty and staff.
8. West Btock Development. No new academic buildings shall be constructed on the
west block. New construction shali be for residential uses only. St. Thomas shall agree
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is unable to develop 590 totai spaces on the two biock development site, because of site
and design constraints, such as those related to retaining six of the exisiing houses on
Summit, then the baiance of the spaces may be developed on the south campus.
14. Student Addresses. St. Thomas agrees to require all enrolled students to declare a
bonafide locai address, as a condition of registration, and will improve its computer
tracking of student housing data to assist in enforcement of locai City rental occupancy
ordinances.
15. Community Contribution. St. Thomas agrees to commit a total of $30,000 annually
for use by the Merriam Park and Macalester Groveland Community Councils and the
newly-established University/Community Advisory Council. The university would have
discretion to award $10,000 per year to each community council. The
University/Community Advisory Council shall be awarded S10,000 per year to be used
at its discretion to address neighborhood issues related to the presence of the campus.
16. Goodrich Ave. Access. At such time as the University remodels or replaces the Binz
Refectory or replaces Grace Hali, the loading drive which currz�tly exists between
Goodrich Ave. and the Binz Refectory shall be removed, such that there shall be no
vehicular access from Goodrich Ave. to any of the University's buildings on the south
campus.
In addition to establishing a new conditional use permit as described in the preceding
points, the City and the Summit Avenue Residential Preservation Association have
agreed to sett{e the fawsuit that SARPA filed, based on the fotlowing commitments:
SAftPA agreement. St. Thomas agrees to preserve six of the existing houses on Summit Ave.
in the west block and SARPA agrees to drop its pending lawsuit on the EAW and the
organization and existing board members agree not to appeal to City Council or sue the City in
the future related to any approvals the HPC and City Council may give for removal of the other
five houses and construction of new residential structures that are consistent with the conditions
of this permit.
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to preserve six of the existing single-family houses on the Summit Ave. frontage not
including the garages. Any residential structures built to repiace any single-family
homes which are moved or demolished shall be designed to look like single-family or
"mansion" style homes of diverse designs, such that the Summit Ave. side of the west
block shall always appear to be a single-family residential block. For demolition and
construction work within the historic district, St. Thomas shall follow the established
review procedures of Yhe Heritage Preservation Commission.
9. Finn St. For a period of no less than 30 years from the date of permit approval, St.
Thomas agrees not to petition to close Finn St. between Summit and Grand Aves. and
fhat Finn St. in fhis block shatl remain a public street open to two-way trafiic.
10. Community Development Corp. St. Thomas shall capitalize a CDC or establish a
similar initiative whose purpose would be to purchase, rehabilitate. and sell to non-
student owner-occupants an average of at least 2.5 houses per year within the
boundaries of the Merriam Park and Macalester-Groveland neighborhoods. The
average will be calculated over a twelve year time period, so that 30 houses wiil be done
over the 12 years. For properties sold through this effort, restrictive covenants shall be
added at time of sate to require use of the properties for non-student, owner-occupied
residential uses only.
11. University/Community Advisory Co�ncil. St. Thomas agrees to participate, at the
level of senior management and the board of trustees, in an advisory council charged
with resoiving university/community problems, and providing a channel for
communications on campus master planning and development, and to enhance
universify/communify relations. The composition of the advisory council would inciude
representatives of the St. Thomas board of trustees, senior management and students,
and neighborhood representatives from the Merriam Park Community Council and the
Macalester Groveland Community Council, the Summit Ave. Residential Preservation
Association, and Neighbors United. The scope of the advisory council's work would
inciude all issues affecting local residents, including but not limited to: the creation and
management of a CDC or similar initiative to purchase and rehabilitate housing in the
neighborhood; parking; St. Thomas construction impacts, including the building of
parking lots, athietic fields; student housing (both on and off-campus); and
neighborhood quality of life issues such as the impact of student party houses. This
group would meet at least quarterly and report to the St. Paul_Planning Ccmmission and
the St. Pau! City Council.
12. Parking Issues. St. Thomas agrees to explore and implement policies, s�ch as
reducing parking permit fees, that will increase the use of its on-campus parking spaces
on evenings a�d weekends for the 2004-2005 school year. St. Thomas a;so agrees to
explore ways to further increase use of on-campus parking and use of bus passes for all
students in the 2005-2006 school year and succeeding years.
13. Parking Ramps. Parking for the east and west blocks shall be developed as proposed
by St. Thomas, with a maximum of 590 spaces constructed in undergrourd parking
ramps on both blocks, and with access from Finn St. A small number of surFace parking
� spaces, for uses such as drop-off/pick-up, or loading, shall be permitted. if St. Thomas