04-793Council File # D� � 93
Green Sheet # pvJsa��
Presented By
Referred To
Committee: Date
BE IT RESOLVED, that the proper City officers aze hereby authorized and directed to
execute the mutual release as attached hereto as Er.hibit "A" and a Stipulation and Order for
Dismissal with Prejudice, in full settlement of the claims brought by Sunmiit Avenue Residential
Preservation Association against the City of Saint Paul, Ramsey County District Court File No.
62-C1-04-2901, as more fully set forth in the Summons and Complaint served on the City on or
about March 30, 2004.
Requested by Department of:
Citv Attorney
sy: EriC D. LarSOn
ssis an i y Attorne_y
%//J.iT�.t � i
- �. . _ - �� �..z1 I
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Form Approved by City Attorney
B ' `...
A�+pro�ed b ayor for Submission to
By:
Adopted by Council: Date _�iZ���� a?OVL1
Adoption Certified by Council cretary
� �y3
RELEASE OF ALL CLAIMS
IN SOLE CONSIDERATTON as set forth in E�ibit "A" attached and incorporated
hereto and conditioned on City of Saint Paul approval of the University of St. Thomas'
application for a Conditional Use Pernut to expand its campus boundary subject to the
conditions enumerated in Exhibit A, the Summit Avenue Residenrial Preservation Association
("SARPA'�, the Merriam Pazk Community Council, the Macatester-Groveland Communiry
Council, their individual members, board members, executives, representatives, successors, and
assigns, the City of Saint Paul and the University of St. Thomas and their representatives,
successors, and assigns do hereby mutually release and forever dischazge each other from any
and all liability, claims, actions, causes of action, and demands of any kind, lrnown or unlrnown,
or existing, resulting from or related to environmental assessment process as alleged in SARPA's
Complaint against City of Saint Paul, Ramsey County Dishict Court File No. 62-C1-04-2901.
Upon the City of Saint PauPs adoption of the Conditional Use Pemrit pursuant to the
terms of this General Release, SARPA agrees to sign, execute, and file a stipulation of dismissal
with prejudice without the imposition of attorneys fees, costs and disbursements to any pariy;
furthermore, SARPA, the Merriam Park Community Council, and the Macalester-Groveland
Community Council agree not to appeal to the City Council or to sue the City of Saint Paul
regazding any of the future related approvais by the Saint Paul Heritage Commission and/or the
Saint Paul City Council or the City respecting permit approvals for the demolition or
construction ofbuildings consistent with the conditions set forth in Exhibit A.
This release shall not be considered an admission of liability by any of the parties or
persons identified above.
Should the University of St. Thomas or the City of 5t. Paul fail to comply with any
condition set forth in Exhibit A("the Conditions"), the Suminit Avenue Residential Preservation
Association, the Macalester-Groveland Community Council or the Merriam Park Community
Council shall have the right to seek and obtain injunctive or declaratory relief, but only to enforce
the Conditions, without the necessity of proving damages or posting a bond. If a court should
conclude that the University of St. Thomas or the City of St. Paul has in bad faith committed a
material violation of the Condirions, the court may awazd a reasonable attomey fee and costs. If
a court should conclude that an action to enforce the Conditions has been brought in bad faith,
the court may awazd a reasonable attorney fee and costs to defendant[s].
This release contains the entire agreement between the parties hereto and the terms of this
Release are contractual and not a mere recital.
THE UNDERSIGNED HAVE READ THE FOREGOING AND FULLY LTNDERSTAND IT
AND ARE AUTHORIZED AND REPRESENT THAT EACH IS AUTHORIZED TO SIGN
FOR AND ON BEHALP OF AND BIND THE PERSON(S) WHICH S/HE REPRESENTS.
This agreement may be executed in counterparts or with sepazate signature pages.
Page 1 of 4
a�-793
APPROVE AS TO FORM:
CITY OF ST. PAUL
Date: August�, 2004.
Eric D son, Assistant City Attomey
550 C� Hall
15 W. ellogg Blvd.
Saint Paul, Minnesota 55102
Telephone: (651) 266-8770
Date: August , 2004. By
Susan Kimberly
Director of Planning and Economic
Development
1300 City Hall Annex
25 West 4th St.
Saint Paul, Minnesota 55102
Telephone: (651) 1266-6628
Subscribed and swom to before me
this _ day of , 2004.
Notary Public
Page 2 of 4
d�-7� 3
Date: August 1! , 2004
1684 Selby Avenue
Saint Paul, Minnesota 55104
Telephone: (651) 643-0712
Subscribed and sworn to before me
this '! day of f�G�s% 2004.
�-�, c-
Notary Public ,
e ■
� BRIAN C. BROWN �
Noranvaueuc
!Ay Gbmn1. 6�ire9 Jen.31, 2005
■ •
Date: August ( ( , 2004
MACALESTER-GROVELAND
COMMUNITY COUNCIL
By � ..�
Bob Spa ing
Community Organize xecutive Director
320 S. Griggs St.
Saint Paul, Minnesota 55105
Telephone: (651) 695-4000
Subscribed and sworn to before me
this l/ day of �� �r , 2004.
� � G - �,---
Notary P blic
a •
� BRIAN C. BROWN
�awvPUeuc
Ooom, 6�uss,lan. s�. zoos
v
Page 4 of 4
First Vice President
�4� 79 3
Date: August �, 2004.
Subscribed and sworn to before me
tkus !/ day of �'��' , 2004.
BRIAN C. BROWN
NOTARYPUBLIC
�COmm• Ei��tes Jan. 37. 2cOF
Date: August l l, 2004.
Si7MMIT AVENIIE RESIDENTIAL
PRESERVATION ASSOCIATION
�..��,.�� �-S �
�/J"� �s Toscano
\�
UNIVERSITY OF ST. THOMAS
$y v
ou as E. Hennes
University of St. Thomas
504 Loras Hall
2115 Sumxnit Avenue
Saint Paul, Minnesota 55105-1096
Telephone: (651) 962-6402
Subscribed and swom to before me
this t/ day of ��Si , 2004.
�-y� G � �----
Notary Public
e .
� BRtAN G. BROWN �
t�iwv�usuc
yromm.�.en.s�.zoos
Page 3 of 4
���y�
�
:��� � �
r ee aa couria�a�
�-l1-0
GREEN SHEET
No 20520�
a��-
BY(�47E7
�.��
��
��
RWTING
TOTAL # OF SIGNATURE PAGES l(
CRYAiiOdEY ❑ UIYCI.F1tR �
,�,�.� ❑ �.,�.v„��
'�. WTORI��6fMR) ❑
(CL1P ALL LOCATIONS FOR SIGNATURE)
u / � !��
�jy� /c: �`2 ✓rt c,�. a( .�2 �,24 Sz ye ��y� Y�-� C4�e- ;
��/S I /J //
Jc..-...-., ��72 n-v2 �Ye� �j< I �e r J� ��n�, .�55a � c� oy� C�TS �.�- S
� " ` � ` I �- f d .�� ��n`�2.J �f vct}J lJC n ( �Q)�S 1 ^ 0 5 � • ^ � � c, s
��'�- � �-� ,�o . c�-G�-aga 1 ' � '
�.:,
PLANNING COMMISSION
CIB CAMMITTEE
CIVIL SERVICE COMMISSION
Has this persoNfirm ever vrorked uMer a coM2d for Nis EepaRmeM?
YES NO
Has Mi6 persoMrm ever been a city empbyee?
VES NO
Do� this persoNfirm possess a sltlll not rwmwlypossessed by any cunent ciry employee?
YES NO
�5 UIIS PEf5011RIfIii 8 tdfgEl2d MNIdO(t
YES NO
>UE, OPPORTUNITY (Who, What, When, Where, Why)
�( r (� (� / �/// �l ' � s,,
5-�- �) � /cc.. i � 4 5 , -w7�J� ' -. c .�;K - PC �57 0�` G �'v` .
OF TRANSACTION
SOURCE
COST/REVENUEBUDGETED(CIRCLEON�
ACTNITY NUMBER
YES NO
(IXPWN)
o�= x�3
University of St. Thomas Conditional Use Permit
Councilmember Benanav's Compromise Proposa{ -Aug. 4, 2004
The wording below represents the agreement among the University of St. Thomas, the
Merciam 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 Counci{
resolution is drafted, including all of the "whereas" clauses reciting procedural steps
artd 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 Gode, 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 foliowing
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.; 21'YO 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 ali of the addresses, property identification numbers (PINs), and legai
descriptions for these properties. St. Thomas hopes to eventually acquire 2133 Grand
Ave. as well. This property wili 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. Cieveland Ave., and 2057 Portland Ave., are to be considered as the definitive,
long-term campus for the University of St. Thomas. Expansion beyond this area shall
Exhibit A
c�t �G 3
be considered contrary to City policy. St. Thomas agrees not to purchase additionai
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 futuse ex
president or chancellor, and excepting properry purchased as part of a
purchase/rehabilitation initiative as described in Condition 10. Further, St. Thomas
agrees to sell, within 5 years from the date of permit approval, the properties it owns
south of Grand Ave., including 2076, 2080, and 2084 Grand Ave. St. Thomas further
agrees to apply to rezone 2076 Grand Ave. to a residentia{ zoning classification, and se{I
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 shali
dispose of the property and retum it to a conforming use within two years.
2. Building Heights and Setbacks. Building heights and setbacks within the two-block
devetopment area shall be as follows:
Setbacks
Summit Ave. frontage - A 50 ft. setback is estabiished 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 buiidings. One and two-story elements of the academic buildings,
designed to 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. 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 building located at the Cleveland and Grand corner, a 25 ft. setback from
Cieveland is established.
Grand Ave. frontage - A 25 foot setback from Grand is established for the
Cieveland/Grand residentiai building at the corner. A 25 ft. setback is estabiished 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 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 maximum height for the academic buildings shali not exceed 59 ft. to the ridgeline
at the top of the buiidings. The maximum height of the residentiai buiidings, including
the child development center/apartment building, shall not exceed 40 ft. to the top of the
buildings. These heights shall be considered an absofute maximum, including ail
mechanicai equipment.
o�- 7�l3
3. Size of Academic Buildings and Prohibition on Auditorium Uses. A maximum af
two academic buildings may be built on the east block. The size of the first academic
building shali not exceed 75,000 sq. ft. in size. The size of the second academic
building shali not exceed 65,000 sq. ft. in size. No auditorium, performance hali, or
athletic facilifij with the capacity of more than 250 persons shall be constructed on the
east or west b{ocks.
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 iv✓o more
Summit Avenue houses to be designated. The apartment buildings at 2171 and
2175 Grand may be retained or removed.
• Enroil in the Voiuntary Petroleum Investigation Cfeanup 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 guideiines 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
(deveiopments etsewhere on campus a�atyzed 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 biock via the mid-biock 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 Ciry 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 confilicts with buses and
pedestrians using the crosswalks. -
• Further modify parking fees to maximize the use of on-campus parking areas (such
as the Morrison Hail 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
D�-7�13
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 aiso be heid.)
Control student housing through the Campus Living Office and enforce the Cit�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 Metro Transit 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. Sf. Thomas shall work with the owner of 2133
Grand to develop appropriate means of mitigating the impact of increased student
residents and a chiid 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 property line; window placement that enhances privacy; design and
placement of child care drop-off and pick-up areas to minimize the potentiai for biocking
alley access; and education of nearby student tenants to respect the property and
privacy of the residents of 2133 Grand. The appropriate mitigation measures that wiil 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 by
St. Thomas and the property automat�cally included in the campus boundary.
6. Enroltment Growth Increases. St. Thomas agrees that totai 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 shali report to
the Planning Commission for additional review and conditions. The review shall consist
of analyzing the impact of the additional enroliment on areas such as parking, traffic,
student housing, and other related impacts on the surrounding residential area. St.
Thomas shatl 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
Gommission may be appealed to the City Council.
Number of Residential Beds. The total number of residential beds on the east and
west blocks shali 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 Block Development. No new academic buiidings shail be constructed on the
west block. New construction shall be for residential uses only. St. Thomas shail agree
0
o�-7q3
to preserve six of the existing singie-family houses on the Summit Ave. frontage ncst
inciuding the garages. Any residential structures built to repface any single fami{y
homes which are moved or demolished shall be designed to look like single-family or
"mansPon" style homes of diverse designs, such that the Summit Ave. side of the west
block sha{I a4ways appear to be a si�gle-family residentiat block. For demolition and
construction work within the historic district, St. Thomas shall follow the estabiished
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 Summit and Grand Aves. and
that Finn St. in this block shall remain a public street open to two-way traffic.
10. Communiry Development Corp. St. Thomas shali 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 wiihin 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 will be done
over the 12 years. For properties sold through this effort, restrictive covenants shail be
added at time of sale to require use of the properties for non-student, owner-occupied
residential uses oniy.
11. University/Community Advisory Council. St. Thomas agrees to participate, at the
level 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 planning and development, and to enhance
university/communiry 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 Councii and the
Macalester Groveland Community Council, the Summit Ave. Residential Preservation
Association, and Neighbors United. The scope of the advisory council's work would
include ali issues affecting iocal residenis, 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, inciuding the building of
parking lots, athletic fieids; 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. Paui Planning Commission and
the St. Paul City Council.
12. Parking Issues. St. Thomas agrees to explore and implement policies, such as
reducing parking permit fees, that will increase the use of its on-campus parking 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 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 shail 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 smati number of surface parking
spaces, for uses such as drop-off/pick-up, or loading, shall be permitted. If St. Thomas
5
C�`f-��f3
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 of the 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 declare a
bonafide local address, as a condition of registration, and will improve its computer
tracking of student housing data to assist in enforcement of local 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-estabfished University/Community Advisory Counci4. The university wou4d have
discretion to award $10,000 per year to each community council. The
University/Community Advisory Council shall be awarded $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 of the University's buiidings 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 settle the lawsuit that SARPA filed, based on the following commitments:
SARPA 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.
C:\WIDiDOWS\TEMP�UST Benanav Comptomise 4 of 8�-04 2 pm.wpd