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94-1395 Council File � � 0 R I G I N A L Green Sheet # ' RESOLUTION ITY OF AINT P UL, MINNESOTA �� Presented By Referred To Committee: Date 1 2 Whereas, Talmud Torah of St. Paul, 636 Mississippi River Boulevard, Saint Paul, 3 Minnesota 55116, made applicatio to the Planning Commission for approval of a site 4 plan pursuant to the provisions o the Saint Paul Zoning Code for property located at 5 1287 Ford Parkway, legally descri d as Lots 1-28, Block 2, Kings Park View Addition to 6 the City of Saint Paul, Ramsey C nty; and 7 8 Whereas, The Planning Co 'ssion conducted a public hearing on August 12, 9 1994, after having provided notice to affected property owners, and the Commission, by 10 its Resolution 94-49, decided to a prove the application based on the following findings 11 and conclusions set forth in its Re olution 94-49, subject to the condition that proposed 12 erosion and sediment control mea ures be reviewed and approved by City staff; and 13 14 Whereas, Pursuant to the p ovisions of Section 64.206, Judith A. O'Donnell, 782 15 South Syndicate Street, Saint Paul Minnesota, duly filed with the City Clerk an appeal 16 from the determination made by t e Planning Commission, requesting that a hearing be 17 held before the City Council for t e purpose of considering the actions taken by the said 18 Commission; and . 19 20 Whereas, Acting pursuant Sections 64.206 through 64.208, and upon notice to 21 affected parties a public hearing duly conducted by the City Council on September ,� 22 14, 1994, where all interested pa ies were given an opportunity to be heard; and 23 24 Whereas, The Council, ha ng heard the statements made, and having considered 25 the application, the report of staff ' the record, minutes and resolution of the Zoning 26 Committee and of the Planning C mmission, does hereby 27 28 Resolve, That the Council f the City of Saint Paul does hereby affirm the 29 decision of the Planning Commiss n in this matter, based on the findings of the Council 30 that the Commission did not co it any enor of fact or procedure, and that the findings 31 and conclusions of the Planning mmission support its decision to grant the submitted 32 site plan; and be it 33 Further Resolved, That th appeal of Judith A. O'Donnell be and is hereby 34 denied; and, be it 35 �,��i��j3��13� � q� -i �t � z 3 Finally Resolved, That the ity Clerk shall mail a copy of this resolution to 4 Talmud Torah of St. Paul, Judith O'Donnell, the Zoning Administrator and the 5 Planning Commission. Nava ent Requested by Department of: a e arr rimm uerin e ar e m — une By� Form Appr ved by City Attc�rney Adopted by Council: Date y % � -� ' ! r„ Adoption Certified by Council Secre ry B � U:./'� Y= / / BY� Approv�ed by Mayor for Submiesion to Approved by yo • Date � s L' Counci2, ; ' By: l�Z C �G�� Ey' €� za �� '� } � '' NOTE: COMPLETE DIRECTIONS ARE INCIUDED IN tHE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 298-4225). '� � ROUTING ORDER: �: � j Bebw are correct routings for the frve most frequent ypes o( documents: �+ CONTRACTS (assumes authorized budget exiats) COUNCIL RE30t.41TiON (Ame�d Budpsb/Accept. Oranta) ,� � 1. butside Agency 1. Depa►unent Direc�or ;� 2. Department Director 2. Budget Director 3. City Attorney 3. City Attomey � j 4. Mayor (for contracts over 515,000) 4. MayoNAssistant �� 5. Human Rlghts (for contracts ovar $50,000) 5. Cily Cour�d €, 6. Finance and Manageme�t Ssrvices Director 6. Chief Accountant, Finance a�d Manapement Servioes �� 7. Flnance Accounting ADMINISTRATIVE ORDERS (Budpet Ravision) COUNCIL RESOLUTION (all othsrs, and Ordina�es) �� ;� t. Activity Maneger 1: Department Director 2. Department Accountant 2. City Atlomey � 3. Department Director 3. Mayor Assistant 4. Budget Oirector 4. Gty Council � � 5. City Clerk � � � `` 6. Chiet Accountant, Finence and Management Services � � ADMINISTRATIVE ORDERS (all others) � � 1. Department Director Y 2. City Attorney ' 3. Finance and Management Services Di�ector ,4 � 4. City Clerk � TOTAL NUMBER OF SIGNATURE PAGES �� Indfcate the #�of pages on which signatures are required and papsrclip or flag ,_ fi �ech of th�se pages. � � ACTION REQUESTED r� Describe what the project/�equest seeks to accompiish in either chronologi- cel order or oMer o( importance�. whichever is most appropriate for the ' s issue. Do not write complete sentences. Begin each item in your list with � ; a verb. � � RECOMMENDATIONS � � i Complete N the issue in question has been presented before any body, public . � or private. '� � SUPPORTS WHICH COUNCIL OBJECTIVE? �� Indicate which Ccuncfl objective(s) your project/request supports by listing �� the key word(a) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, �� BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) ;� �' PERSONAL SERVICE CONTRACTS: � This information will be used to deiermine the ciry's tiability for workers compensation claims, taxes and proper civl� service hirinq rulea. � INITIATING PROBLEM, ISSUE, OPPORTUNITY � Explafn the situation or conditions that created a need for you� projeqt 3 or request. � ADVANTACaES IF APPROVED �� Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specitic ways in which the City of Saint Paul �� and its citizens will benefit from this projecVaction. x# ` j DISADVANTAGES IF APPROVED �' � What negative eHects or major changes to existing or past processes might f# this projecUrequest produce if it is passed (e.g., tra((ic delays, noise, #� tax increases or assessments)7 To Whom? When? For how iong? � � DISADVANTAGES IF NOT APPROVED �� What will be the negative consequences it the promised action is not � t approved? Inabiliry to deliver service? Continued high traHic, noise, �� accident rate7 Loss cf revenue? �f � � FINANCIAL IMPACT � Although you must tailor the iniormation you provide here to the issue you � '� are addressing, in ge�eral you must answer two questions: Hqw much is it going to cost? Who is going to pay? ,;, ;. , �1 5't i� . �, �� DEPARTMENT OF PLANNING 8c ECONOMIC DEVELOPMENT �� w ' �� CITY OF SAINI' PAUL Division of Planning Norm Coleman, Mayor 25 West Founh Street Telephone: 612-266-6565 Saint Paul, MN 55102 Facsi»ule: 612-228-3314 '"""` �i August 17, 1994 �'ii�116� R8S881((�1 �6P Ms. Nancy Anderson AUG 17 1994 City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 *__.___ _,__-.._._ _ _�..� Dear Ms. Anderson: I would like to confum that a public earing before the City Council is scheduled for Wednesday August 31, 1994 for the f llowing appeal of a Planning Commission decision approving a site plan: Appellant: Judith A. O'Do ell File Number: #94-18� Purpose: Appeal a Plann' g Commission decision approving a site plan by Talmud Torah for the p ose of constructing a proposed expansion of the existing Edgcumbe Scho 1 site. Address: 1287 Ford Par ay (Block bounded by Ford, Hamline, Pinehurst & Syndicate) Legal Description of Property: v alley in and all of Block 2; King's Park View Previous Action: Planning Commission Recommen ation: Approval, vote: Unanimous, 8/ 12/94 My understanding is that this public aring request will be announced at the August 17, 1994 City Council meeting and that you w' publish notice of the hearing in the Saint Paul Legal Ledger on August 20. Please call me at 266-6583 if you have any questions. Sincerely, V' Michael J. Kraemer Zoning Section cc: File #94-187 Tom Beach DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENf ^ � — ��c � � tJ� 7 � CITY OF SAINI' PAUL !)ivtsion of Planning Norm Coleman, Moyor ZS Wesr Fourth Svea Tekphone: 612-266-6565 Saint Pa� AA�VV 55102 Facsimile.• 612-228-33I4 W� August 23, 1994 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #94-187 ud Torah appeal by Judith O'Donnell City Council Hearing: ugust 31, 1994 PURPOSE: To consider an appeal of he Planning Commission's decision to approve the site plan submitted by Talmud Torah for a major expansion of the existing school building at 1287 Ford Parkway. The building would be ' sed as an elementary school, pre-school program and an afternoon/evening educational progra . NG CO I I N Approve 19-0 ZO G COMMI RECOMME TION: This case was not sent to committee. STAFF RECOMMENDAT'ION: App �ove SUPPORT: 8 people spoke at the Pl� �nning Commission OPPOSITION: 11 people spoke at th Planning Commission and 121etters were received. Dear Ms. Anderson: Judith O'Donnell has appealed the dec ion of the Planning Commission to approve Talmud Torah's site plan for the expansion of t e existing Edgcumbe School building located at 1287 Ford Parkway. The Planning Commis on held a public hearing on the site plan on August 12, 1994. At the close of the public hearin , the Planning Commission voted 19-0 to approve the site plan. This appeal is scheduled to be heard b the City Council on August 31, 1994. Attached are a copy of the appeal, a briefing memo fr m staff and the resolution, minutes and staff report from the Planning Commission's meeting. P ease notify me if any member of the City Council wishes to have slides of the site presented at t e public hearing. Sincerely, Tom Beach Planning Division Attachments a: City Councilmembers f ATTACHMENTS Page 1 Memo from Planning staff 3 Appeal submitted by Judith O'Donnell (includes as attachments: sections of Comprehensive Plan, and documents related to joint use agreement, size of building, and historic preservation.) 20 Planning Commission resolution 25 Planning Commission minutes 31 Staff report to Planning Commission 38 Letter from Heritage Preservation Commission 40 Letter from Traffic Engineering Section of Public Works 41 Site plan, building elevations and location maps DEPAKI7VIr:N1 Vr YLANN1NCi & ECONOMIC DEVELOPMENT • q�1- �3�►� � CTl'Y OF SAINT PAUL n;,�n ofp� Norm Coleman, Mayor 2S West Fourth Saeet Tekphone: 612-2666565 Sainr Pou� MN SS102 Focsimtle: 612-228-3314 DATE: August 21, 1994 TO: City Councilmembers FROM: Dan Cornejo, Planning Ad inistrator Tom Beach, Site Plan Revi �j RE: Appeal of Talmud Torah sit plan On August 12 the Planning Commissi approved Talmud Torah's site plan for a major expansion of the old Edgcumbe School building. An appeal was filed on August 15. The appeal lists four grounds. This memo lists th e grounds and briefly responds to each one based on information presented at the public he ring held by the Planning Commission. 1. Grounds for AppeaL• The decision is inconsistent with he District 15 Plan and thereby the City's Comprehensive Plan adopted by t e Planning Commission and the City Council, and the decision also is inrnnsistent with he joint-use recommendations rnntalned in the Parks and Recreation section of the Ci s Comprehensive Plan. The Planning Commission found at the site plan, including the provisions for open space, is consistent with the Comprehen ve Plan The District 15 Plan contains rec mendations that green space be preserved, including the Edgcumbe School site. Howe er, this plan was adopted in 1980 when the site was still owned by the Saint Paul School D strict and there were a number of proposals for its reuse. Since then, the School District ha sold the properry to Talmud Torah for the purpose of building a school. (At the same ti e, the School District bought the larger Derham Hall site, securing a larger public open pace for xhe neighborhood.) The site plan Talmud Torah has submitted would decre e the amount of green space on the block but still leave approximately half the block for o en space. The 1985 Parks and Recreation s tion of the Comprehensive Plan addresses green space and the issue of joint use. The pl says that "additional land should be acquired only if it can be demonstrated that a signifi nt need cannot be met by other city, school or private facilities" and recommends joint e agreements as an alternative to acquisition. There is a joint use agreement with the Sc ol District that requires Talmud Torah to allow public use of this space when it is not ne ded by the school until the contract for deed has been paid off. That contract has anoth 26 years to go unless Talmud Torah pays off the contract for deed before then. At the public hearing Jerry Segal, ity Attorney, told the Planning Commission that site plan review does not include revie ing joint use agreements. � 2. Grounds for Appeal The Planning Commisslon failed to address citizen's expressed concerns regarding present �nd future traffic/parking density issues ret�ted to the establishment of a commuter school in a residential neighborhood and consistent with the stated growth plans of Talmud Torah Schoot. The Planning Commission found that the site plan was consistent with traffic standards for safery and impact on adjacent properties. The parking lot and bus area have been designed to keep most traf�c on Hamline which is a collector street. The site plan was reviewed and approved by Traffic Engineering staff in Public Works. They found it acceptable both for cunent levels of enrollment and for possible higher levels of enrollment that could be accommodated by the building. Public Works staff did not feel that the traf�c issues were unusual or significant enough to warrant the type of more detailed trip generation studies requested by some of the neighbors. Most of the students at the proposed school would come by bus or car. However, the total number of students proposed is small in comparison to public elementary schools through out the city, even when pre-school children and after•school programs are included. At the hearing, one member of the Planning Commission said that there will be an increase in traffic in the immediate neighborhood but noted that he lives near Webster Magnet School which is a much bigger school with many more busses than what is proposed here and there have not been problems there. 3. Grounds for Appeal By its 12 August 1994 decfsion, the Planning Commission endorsed the right of the Talmud Torah and other potential appUcants to misrepresent site plans to the public. Prior to their formal application for site plan review, Talmud Torah had represented to the neighborhood, the City and to a court as part of an injunction hearing, that their expansion of Edgcmube School would contain about 12,000 square feet. However, the plan they submitted indicates an addition of 28,000 square feet. The Planning Commission determined that this history was not relevant to their review and that they were required to consider only the site plan that Talmud Torah submitted to the City for review. 4. Grounds for Appeal The P1anning Commission failed to address the recommendation it received from the Heritage Preservation Commission (HPC) regarding the old Edgcumbe Schooi building. That "the HPC would look favorably upon desjgnation and encourages efforts by the community or owners to authenticate the hjstory of the building and the site and the biography of the architect of the Edgcumbe Elementary School:' The Edgcumbe SchooJ building is not cunently on the state or local register of historic sites. It was not included in a 1983 survey of potential historic sites done by the City anc� Counry. The HPC said that it would "look favorably upon designation" of the building but "the process of designation is a lengthy one.... Costs of documentation to support designation can be considerable. Our Commission cannot at this time initiate the process." i � q�.l� --13g5 - Grounds for Appeal--1 15 August 1994 Application for Appeal City of Saint Paul ' n f nellant: Judith A. O'Donnell, 782 0. Syndicate St., Saint Paul 55116 Zoning File Name: Talmud Torah 7oning File #: 94-121 Propg�ly Address: 1287 Ford Parkwa , Saint Paul 55116 1,�Yal DescriAtion: LoLs 1-28, Inclusi , Block 2; Kings Park View including all vacated alleys adjoining 'The following are the grounds on whic I'm appealing the 12 August 1994 decision made by the Planning Commission in regard to e aforementioned applicant: 1. Tbe decision is inconsistent wi the District 15 Plan and thereby the City's Comprehensive Plan adopted by the Planni.ng Commission and the City Council, and the decision also is inconsistent wi the joint-use recommendations contained in the Parks and Recreation section of the ity's Comprehensive Plan. Please �see - excerpts from the District 15 Plan that note the importance of increasing public recrea onal space and specifically cite the Edgcumbe School site (i.e., Talmud Torah site) as an ex ple of open space to be preserved for public use. See also Attachments GS and C-6 fro the Parks and Recreation section of the Comprehensive Plan, which relate to j int-use arrangements. Talmud Torah and the Planning Divisi n state that the eastern 300 feet of the site will remain open space for public spontaneous and rogrammable recreation, which is a misrepresentation of the current site plan. In fact, only 54 fe�t will remain open space. Since Edgcumbe School was closed in 977, Highland residents have campaigned to keep the property in the public domain because t is invaluable apen space for spontaneous and programmable recreadon. In fact, onl two parcels of land remain in the community that are suitable for children's soccer play spo ored by the Highland Groveland Recreation Associadon (HGRA). Both are curren y owned by private schools--the�Talmud Tarah (two 3/4-size fields, each 180 x 240 feet) Cretin-Derham Hall (two 3/4-size fields or four smaller fields)--and must service 57 t composed of 825 youngsters during the spring and summer (1994 HGRA statistics). Sin the properties are owned by private schooLs, their availability to the public may be deni at any time. � 3 GTOUnds for Appea]--2 T'he Planning Commission chose to ignore that a viable joint-use agreement has not been estahlished between the City of Saint Paul and Talmud Torah. The joint-use agreement is intrinsic to both the nurchase a greement and the c�ntract for deed between Talmud Torah and School District 625 and contract law issues strong�v indicate that Talmud Torah is in breach �f these contracts and therefore has no leQal ri�ht to be awarded nermits t4_ build on the site: A. Clause 5 of the original joint-use agreement signed by Mayor Latimer and the president of the Talmud Torah Board is unenforceable because it is a"self-serving" clause. In summary, the clause states that the joint-use agreement becomes null and void if anyone sues. The fact that citizens, who were not parties to the contract, requested a preliminary injunction to block the sale was beyond the control of the parties to the con�ract. B. There is no linkage between the purchase agreement and the contract for deed in regard to modification of the contingency clause in the purchase agreement that demands a joint-use agreement be established between the Mayor of Saint Paul and Talmud Torah. No explanation is given in the contract for deed as to why the City's consideradon in joint-use (a condition precedent in the purchase ageement) is excluded. Exhibit A to the contract for deed is purported to be a joint-use agreement by William S. Rosen, counsel for Talmud Torah, when in fact, it is no such document. Furthermore, Mr. Rosen was in error in his statement to the Planning Commission, claiming that the City had no other joint-use agreements. T'he S September 1989 minutes of the Regular Meeting of the Board of Education state the following: Mayor Latimer presented the Joint Use of Playground Agreement to be entered into by the City of St. Paul and the Talmud Torah of St. Paul. Mayor Ladmer pointed out that the agreement incorporates for a term of 20 years all of the best possible community, public, and city uses for the open space which wi11 be used at the Edgcumbe site by the Talmud Torah. He note-� Lat �he Cit; of SX. Paul �nd rhe school dictr�ct have joint use aQreements in nine different locaLions��e citv and that tihe a�eement wi h the T�lmud Tor�h is c�bstantiallv^dentical with those aQreements. , Before the Planning Commission, Mr. Rosen also misrepresented who was the author of Exhibit A to the contract for deed. He described Exhibit A as a geshue of goodwill to the community that had not been written by an attorney, when in fact, he was the author of Exhibit A. Please see Attachment C-7. a copy of Exhibit A on file in the Ramsey County Abstract and Title Division, which verifies that F�chibit A was drafted by William S. Rosen of Rosen, Meyer, & Simons. Exhibit A expires as soon ss Talmud Torah holds t6e warraaty deed, which a prepayment clause allows to occor it any time. This conflicts with t6e term of ihe joint-use agreement accompanying the �urcbase agreement, which specifies a period of 20 years. Further evidence pursuant to the fact that precedence exists for establishment of a joint-use ✓; ` q� -t39S Grounds for Appeal--3 agreement between Talmud T'orah and e City is the fact that Parks and Recreation has been maintaining the property (e.g., mowin , shoveling, flooding an ice rink in winter). At a 3 August 1994 meeting and a 4 August 1 94 public hearing, Bob Piram, Director of Parks and Recreation, stated that he had never be n informed that the original joint-use agreement between. the Ciry and 'Talmud Torah (a demanded by the purchase agreement) was void. 2. The Planning Commission failed to address citizens' eapressed concerns regarding present and future traffic/parking d sity issues reladng to the establishment of a commuter school in a residential ne' hborhood and consistent wit6 the stated growth plans of Talmud Torah School. There is a misstatement on page 4 of e Planning Commission Staff Report: "Based on current enrollment and bus ridership, i is likely that about 120 children will be driven to school each day (80 elementary school hildren and 40 pre-school children)." As reported by Talmud Torah representatives in public hearings sponsored by the Highland Area Community Council, these are the actual numbers students who will be commuting to the school: Monday-Thursday preschool, el mentary school, and after-school religious instruction: 250 students commuting y car 50 students commuting bus (5 buses in A.M., 7 buses in P.M.) Friday preschool and elemen schooL• 130 students commuting y car 50 students commuting bus (5 buses in A.M., 7 buses in P.M.) Sunday morning religious instru tion: 40-50 students commu ' by car The number of students commuting by can be anticipated to cause sigaificant traffic congestion in the mornings and aftern ns at peak times when both vehicular and pedestrian tra�c is already heavy in the area. ent pedestrian traffic includes many youngsters who walk to and from Holy Spirit Grade Sc ool and Cretin-Derham Hall High School. Current vehicular traffic includes public and pri ate school buses that use residential streets: Webster Magnet (and possibly other magnets), orace Mann, Ramsey Junior High, Highland Junior High, Highland Catholic, St. Paul Aca emy, and Mounds Park Academy. The scenario portrayed by the City's T c Division is unrealistic. It is anticipated that the majority of students commuting by car ' be dropped off in Talmud Torah's parking lot that enters and exits off Haniline Aven . What is not taken into account is the probability of a back-up occurring in the parking 1 t, both entering and exiting, and that this back-up would cause traffic congestion on Ham e Avenue, a main route. Moreover, the probability exists that parents will drop off studen on residential streets to avoid the parking lot congestion and thereby create hazardou conditions for other drivers and young pedestrians. � _ - � Grounds for Appeal--4 Residents also have stated objections to the proposed preschool drop-off and pick-up point on Ford Parkway at Hamline, which is to be accommodated by a"bump out." In reality, a bump out cannot accommodate all the cars that will be picking up or dropping off the 40-50 anticipated preschoolers at specific daily times. The Ford Parkway preschool entrance can be expected to cause hazardous congestion at an intersection that already bears heavy traffic due to the fact that many drivers use Ford Parkway to cut over to Edgcumbe Road from Hamline or vice versa. Moreover, Ford Parkway at Hamline is a staging area and entrance point for public school buses starting routes in the area. The parking tot proposed for the school will accommodate 48 cars, with most of the slots being occupied by Talmud Tarah staft. Since no parking is allowed on Hamline Avenue, the residential streets will have to bear overflow parking. When parked up on both sides, these streets become narrow and hazardous, particularly in the winter. Talmud Torah has admitted that the proposed school is "ambitious" in that the building will have 21 classrooms, being designed to accommodate 300 full-time students, which is double the cuirent K-6 enrollment. Residents have expressed concerns about the Planning Division's and Planning Commission's failure to address anticipated future traffic/parking density issues that would severely impact the neighborhood. These concerns are justifiable based on statements made by Janet Leavitt, Interim Director of Talmud Torah, that the addition of 7th and 8th grades is possible and on the following: Sheila Godes, President of the Board of Directors of Talmud Torah, said Talmud Torah is chartered to open a 7th and 8th grade, but they are limited by the size of their present building; she said there has also been discussion on the need to add grades 9 through 12 to Talmud Torah. [Excerpt from 6 July 1989 meedng attended by representatives of the school district, Talmud Torah, Archdiocese of St. Paul-Minneapolis, and Derham Hall.] The reality is that both the Planning Division and the Planning Commission have failed to adequately address not only the present traffic/parking density concerns relating to what is primarily a commuter school but also concerns relating to probable enrollment increases. At a minimum, car counts should be taken in the area during peak morning and afternoon times once the 1994-95 school year begins. In addition, Talmud Torah should be requested to provide an up-to-date and accurate list of 1994-95 students' home addresses to enable forecasting of traffic patterns. The 1989-90 Talmud Torah enrollment figures indicated that more than half of the students commuted from the suburbs and South Minneapolis. Until it was close� in 1977, Edgcumbe School was a K-6 neighborhood school in the "old- fashioned" sense to which students wallced or biked. In fact, Dr. David Bennett, former school superintendent, recognized the limitations of the Edgcumbe site: It was pointed out that the school district's goal is to have at least three but preferably four sections per grade and, therefore, large buildings are needed. Dr. Bennett pointed out that is why the Edgcumbe site does not fit in with the -, _ q� -t3aS G�ounds for Appeal--5 school district's plans, since it ould make no sense to construct a small huilding on that site; they need a building the size of Derham Hall to make economic sense. He said the d strict is willing to offer the Ecigcumbe property to Talmud Torah for its potenti 1 use, and it was understood that over the long haul, T'almud Torah would not ave special needs that would require a large faciliry the size of Derham Hal .[Excerpt from minutes of 6 July 1989 meeting attended by representatives of s hool district, Talmud Torah, Archdiocese of St. Paul-Minneapolis, and Der m Hall.] 3. By its l2 August 1994 decision, 'the Planning Commission endorsed the right of the Talmud Torah and other potential a plicants to misrepresent site plans to the public. Talmud Torah agents have made repre entations relative to the site plan that have been relied on by citizens, their elected representa ves, and federal district court as true and accurate. - - The failure of the Planning Commission to critically and publicly examine these r resentations not only undercut its responsibility to the citizens concerned with the impact of e current Talmud Torah site plan but also establishes a dangerous precedent in regard to wh ther potential developers have a responsibility to provide legitimate testimony at future earings. 4. The Planning Commission fail to address the recommendadon it received from the Heritage Preservation Commissi n(HPC) regarding the old Edgcumbe School Building: That "t6e HPC would 1 favorably upon designation and encourages efforts by the community or owners'to authendcate the history of the building and the site and the biography of the archit t of the Edgcumbe Elementary School.' Clarence Wigington, the first African- merican municipal architect in the United States, designed the Edgcumbe School, which as built in 1939. Wigington also was instrumental in the design of at least 1 l other St. Paul schools, 10 of which still exist but have been substantially altered. ' ori�inally desig�ed. Wigington also designed Winter Carni al ice palaces as well as the Highland Water Tower and the Hamline Recreation Center, of which aze listed on the National Register of Historic Places. Edgcumbe School is a traditional brick and stone structure with a towered main entrance and classical design ornamentation. The ditional archite�ture of the school is echoed by the neighboring residences, most of which ere conswcted in the late 1930s and early 1940s. Talmud Torah's proposed addition is a streamlined contemporary structure faced with concrete masonry units, which belies e character and integrity of the original building. Grounds for A�peal--6 Talmuci Torah has charged that community residents are trying to halt school construction by reyuesting consideration by the HPC. In regard to this charge� please see the letter by Jeanne Engel �Attachment C-1 1�,,. 5. Summary The Planning Commission failed to address legitimate citizen concerns that are within its purview. These concerns were presented in a report that was delivered to Planning Commissioners by the Planning Division prior to the 12 August 1994 hearing as well as in public testimony at the hearing. Yet none of the commissioners addressed the concerns. In fact, Highland residents attending the hearing to give testimony believe they were submitted to what would approximate "gag orders" issued by Assistant Ciry Attorney Jerome Segal and Commissioner Mark Vaught at the onset of the hearing. Residents also perceived the remarks of these men as unduly undermining the tone of what should have been an impartial hearing. Moreover, certain Talmud Torah parents in attendance continually acted in a disrespectful manner while Highland residents testified, thus distracting both those who were testifying and those in the audience. The Chair of the Planning Commission allowed this behavior to persist, never calling the parents to order. An additional question relating to Planning Commission procedures concerns how the question is called on a motion. When a site plan is controversial, dces individual voting supersede voice voting? A voice vote was taken on the Talmud Torah site plan, and distinguishing the balance of "yes's" and "no's" was difficult. -� 1�1� r�, �. �' c�'vnn� l( /5 ��ust' l�9�- (i�l o,� -�3°�� � D I ST R I CT 15 P LA N Comprohensive Plan District Plans AtloD�ed Dy Saint Paul Planninp Comml�slon 2-8-80 Planninq Divifion Adopte0 by Saint➢aul Clty Counal 4•2d-80 C�ty of Ssint Paul � ���• F_` • i � � .. ��-i � a d�� " . 1� " �c � - �t �. - _ _ - :� �� " . ��. _ � �.,�_: SUMMARY PREMISE RECOMMENDATIONS If res�dents, local business people, and th city Maintain the high quality of education in the government work toaether toward co��non goal for district. the Highland area, they can ensure that it ill continue to be a good place in whieh to liv and Develop a high quality of recreation and leisure work. Contained herein are the common goal' of time activity, develop areas for cultural and District 15 and the action proposals to rea h the sporting activities, provide and maintain adequate goals. neighborhood recreation facilities and maximize the use of present facilities. MAIN POINTS Maintain the quality of the entire district' Insure a competitive spirit of neighborhoud pride including residential and corm�ercial areas ith a �n District 15 as compared to the rest of the long range plan for improvements where need d. metropolitan area. Inc�ease recreational and open space as it ecomes Reduce the amount and perception of crime. " available and limit further cort4nercial and ndus- trial d�velopment to areas presently zoned hus. Encourage and assist busines�men and business areas to provide a variety o� products and Maintain high quality of existing homes in he services in well-kept, attractive facilities. area. Encourage clustering of neigfiborhood shops and Provide tax relief for home improvements. to discourage spotty, mixed land use along main thoroughfares. Provfde necessary health and social service as well as information and referral about the ' Survey the parking and traffic needs for corrmer- services. . cial and industrial areas with the aid of the city and business associations. 4-24-80 `� ��z • �'- . PHYSICAL PLAN LAND USE Regular articles appeared in the "Highland Oistrict 15 contains a relatively low percentage Villager" to let others know of the planning (38%) of residential property. The Highland committee's activities and to encourage broader community is characterized by a variety of land participation in tne planning process. A uses--that is, there are large areas of industrial shortened version of the preliminary plan was land (Ford Motor Company, Univac), large institu- published in the "Highland Villager" in May of tional and public land uses (St. Catherine's � 1978. College, Highland Park Golf Course), as well as areas of single family homes. Thus, the inter- This plan has been reviewed by the community at- relationship between different types of land use large and city departments and revised by the and the control (zoning) of land use become impor- District 15 Planning Comnittee; next it will be tant considerations for the cortmunity. presented to the St. Paul Planning Corrmission for its review. Fol lowing the Planning Commission's Land Use Gosis and ObJectives review, and any necessary revisions, it will be 1.Maintain the qualit� of the entire district, approved by the Comnission and forwarded to the including residential and commercial areas, with a City Council to become part of the city's compre- �ong range plan for improvements where needed. hensive plan. The comprehensive plan is used as a guideline for land use decisions, capital expendi- 2,Increase recreational and open space in Dis- tures, funding allocations, and delivery of city trict 15 as it becomes available, i.e., Edgcumbe services. Scnool site. 3.Limit further co�mercial and industrial deve':o�- ment areas presently zoned thus. FlQurs C P�resnt of Arsa In L�nd Uss Cats�orlss �- Census Tracts Within District 15 Land Uses 362 363 364 365 36 6 3 67 373 376.01 376.02 Dist. 15 St. Paul 1 Famiiy 66 27 64 59 59 12 51 31 6 34 33 2 Family 4 1 2 Z 1 0.5 2 1.5 1 1.5 4 Multi-family 4 0.5 2 4 4 1 1 4 5 3 4 Institutional 3 68 27 31.5 0 0 2 2 0 6 5 Public and Open Space 14 2 0 0 29 71 40 26 68 40 15 Vacant Residential 1 0.4 0.5 0.5 6 2 3 4 6 3 1? Manufacturing and Wholesale 1 0 0.5 0 0 11 0.5 30 il 10 18 Retait and Office Service 6 1 4 3 1 0.5 0.5 1 2 2 3 Vacant Non- Residential 1 0.1 0 0 0 2 1 0.5 1 0.5 5 Total 100 100 100 100 100 100 100 100 100 100 100 Tota1 Area In Acres 165 138.6 117.7 136.5 254 428 691 608 629 3,1E7.8 26,802 � 4-24-80 � � � - �, "'� : a� -�39s Zoning and Related Issues and Problems Parks, Recreatlon and School Closing Isaues end Identltled by at Least One Committee Member Problsma Identifled by at Lsast One Commlttse Member 1.The community is not being adequately aler ed to 1.There is no public cornmunity center in the proposed zoning changes, including functions under district. the Board of Zoning Appeals. 2.Cortmunity lacks sufficient public playground 2.There is little, if any, opportunity for sites. cortmunity input relative to pending zoning c anges or revisions. 3.There is no continuity to developed park lands along the river. 3.Lack of effective corrpnunication and cooper tion between business and residential sectors rel tive 4.The cortmunity is not adequately forewarned of to: (a) Commercial encroachments into resid ntial proposed school closings. areas; (b) Comnercial planning often exclud s residential interests; and (c) On and off-s reet S.There is a need to have cortIInunity input in parking adjacent to residential areas. regards to the future use of Edgcumbe School site. Zoning and Review Committae Recommsndatlons Parka, Recreation and School Closln� Rscommendatlon 1.Provision shouId be made so that before an 1.For the district's multi-service center recommen- zoning change may be made, the City Council ust dation, see Xealth and Socia2 Service Recommenda- reqaire the City Pla^-'-: Division or the Ci y tions. Page 14 Board of Zoning Apyeais to present the propo ed zoning c�ange fcr re::'e:: by the appropriate is- 2.Complete neighborhood recreation center facili- trict Planning Council, or community organiz tion, ties wi11 be provided at Homecroft with the addi- and that no valid action by the City Council may tion of the joint-use, multi-purpnse Duilding, now take place without consideration of that Dis rict under construction. To complete neighborhood Planning Council's or community organization s recreation center facilities for Xillcrest, the recommendation. Department of Community Services should study the possibility of using an existing gymnasium at 2.If any citizen or organization brings a m ter Xorace Mann School or Highlsnd Catholtc School, to the Board of Zoning Appeals, even though o rather than building a new gymnasium on Hillcrest. zoning change is proposed, similar notice a The Department of Conum2nity Services should also procedures shovId be followed before either e assess the need for additional physical facilities, 2oning Board or City Council makes a decisi . staffing, and prograamung at a21 neighborhood recreation facilities in the district. 3.A District 15 Review Committee of ten memb rs should be created--five district council me rs A community recreation center should be built at and five bvsiness meaibers--to consider a11 p o- �e Highland Junior and Senior Xigh School site. blems of cortmiercial and residential encroac nt. he Ed9cumbe School site should remain an� Developers--both individusls and firms--shou d be ��structured playground. encouraged to bring preliminary plans to the conuaittee for advance discussion. The cormni tee woald also serve as mediator in problem situ tions and attempt to work ont suitable compromises' On and off-street parking problems shoul8 also considered by the conanittee. PLANNING COMMISSION AND CITY COUNCIL POSITION ON RECOh9�lENDATI0N5 1 ANO 2. District Councils are notified of proposed zo ing � matters through the Early Notification System The shortest period of time between notificat on being ma`,led to a Ois*.rict Council and a fina decision is about eigf�t weeks. The Planning Commission believes there is sufficient time or a District Council to make knovrn its recomnenda ions before a final decision is made and recortmend that present city zoning policy remain unchan ed. .4-24-80 � �r �� � RECREATION A large percentage of District l5 consists of 6.The availability of public swirrr�ing time at High- parks, pTaygrounds and open land. Highland Park land High School is limited, and the availability and Crosby Lake/Hidden Fa11s Park combine to of tennis courts is inadequate. provide excellent services to the Highland Park area. Most areas, moreover, have adequate ope� 7.There is no open skating at Highland Arena. space as well as existing neighborhood recreation centers. Recreation Recommendations �.Cultural and Community Events: (a) For the Problems generally arise over inadequate program- district's multi-service center recorz,.-:eada:�ons, ming at the recreation centers and the perceived see Health ana socia? services Recom ��-u��:c�s. need for more playground sites and improved ser- page 14 vices at those sites already in use. 2.Recreational Facilities: (a) Recre_t`or. _°ac_li- ReCreeflon Goels end ObJeCtives ties for teens, young adu2ts and sen'or c?t?zens 1.Maximize the use of present recreation areas. are needed. These iacilities coula �e inc�:�cr- ated within the multi-service center. 2.Provide good maintenance and upkeep of present recreation areas 3.Public Library: (a) Timing should be more flexible for availability of library use; (b) Pub- 3.Provide adequate neighborhood recreation facili- liciziny of existing programs and development of ti25. new prograrr�s should ex�st; and (c) Access_'b'litj of library meeting rcens for neighborheoa ac�:Wi- 4.Develop high quality of recreation and leisure cies should be increased tirt�e activity in the entire district. 4.Policing of Parks and Playgrounds: (a) Neighbor-� S. Develop areas to satisfy the increasing needs hood responsibility for parks and playgrounds fOr Culturdl dnd SpOrting dCtivitleS. needs to be bnttressed with regular police patrol � to ensure the maintenance of safe, clean, service- 6.Insure a Competitive spirit of neighborh0od able, and pleasant parks for everyone. pride in District 15 as compared to the rest of the metropolitan area. 7.When school properties are permanently closed, maintain as much open land as possible as recrea- - tion areas in keeping with the character of the ; neighDorhood. � ' � '�. _:',,,�'�. �_ � �•,. Recreation Issues and Problems Identiiled by at Least One Committee Member — " 1.There are insufficient number of places to par- �"e-'.""' take in cultural and comnunity events in the district. �� �s '� �.. - 2. Recreational faci 1 i ties and programs are ; _�:,. ._ generally insufficient for all ages, most severe - � ,_�� `� for teens and seniors. ...,� _.. 3.The public library on Ford Parkway is not open enough hours, and the number of programs is insufficient. 4.Policing of parks and playgrounds is insufficient, especially in Hidden Falls and Crosby Park. 5.Ther�e is inadequate progrartxning and staffing at � existing recreational sites. -- � a-2a-eo � ( Z . � q� - t39� . ' ' _..� _... C-� � �q�s PG��s �R<< ��� :.. �.___ � _ ; MANAGERJiENT AND DEVELOPMEN OF THE SYSTEM , The ci;y of Saint Pau! c�•. ^5 ?�i: :.^e�c:25 mC'e :.^2^ ,i<.^,0 c �BS ACQUISITION 0� �:." fCr park a.�� rec� 2=,:�;. F..'rCSc� 1(iQcc 5+.25. �':.'':� f�5 t�2 i.li� IS C�2f;�f��iy' �VCii'$�•r'��� Y:li�'1 O�?.'1 ."'c:.c "c�;. . range in size Irom a lraction of an acre to severai hundred� recreatioral facilities, any addition to the system nee�s te be acres, contribute to the Iiveabiii;y of the city and provide op or- carefully considered to ensure: tunities tor unstructured recreation. Although s;z�ed recre- ation programs are offered throughout the city, much of th • There is a substantial need for the faciiity. parkland isavailable for more casual recreational activities such as picnicking and walking. Many of the central issues n • The need cannot be adequateiy met by other city taci;ities, the division's agenda for the nexi decade relate to the man- ' private facilities or special joint use 2greements te� ;^e 2gement and developmen; o' the �resent system of parks 2, d city and another jurisdiction. recreation services. Key ques;ions addressed in ;his s2c;�on include: • The commitment of operating tun�s necessary tc ���c-a--: 2nd maintain a taCility can be borne by the Dr:is:_-. �' Fa�.,� • Under what circumstances should additional land or facili and Recreation's operating budget. ties be acGuired? DEVELOPMENT OF EXISTING RESOURCES • How can the division make the best use of existing The avaitabili,y of resources to operate and m2intain the park resources? and recreation system fluctuates with the economic si;;,a:icn. However, there are existing resources which can be use� to • Under what circumstarces shCUld the division tum to fee sustain and improve the services provided to the public. h�any and charges as a means of sup,;er,ing the system? have already been used within the parks and recrea::c^ sys;em. • How should the private use of public land 2nd �acilities �e regutated? Volunteers Volunteers have played and will continue to play 2 vital roie in ' the provision of recreatior, services, providing coachir,g. ` transportation and fundraising to support activities a�d facilities. The desired relationship between the divisic- a^� i�; =° support groups is defined in the division's Suppor; Group Handbook which provides a framework tor the activi;ies of :� these groups. In addition, opportunities remain tor support organizations or interested volunteers to work with the city tc develop programs to meet the specialized needs ot various •' groups for recreation services. = � Joint Use of Facilitles and Coordination oi Programs =c�-» ��'� " There are numerous tacilities which are not owned b the ci .�.-. ��_:x_��� �.. Y tY ��.� ;�� �� that provide potential means of expanding the public's access �•�►;{ to recreation and enhancing each community's recreation rogram. Joint use arrangements with the school district or 1 ,,�� t private recreation providers can expand the number and types _� ��A.,., ,�,�v�r'� � of facilities available to the communiy without additionat .� `F� +- capital exFense. Coordination with programs developed ard n .;: ., operated by the public schools, community education and .. • 4::� .�; " � �` �' j : � private recreation providers, in turn, serves to stretch each -�`�-. ��'�' .:. �-�, K ;�.^ '• providers limited operating funds and provides the widest pos- '"`� �' � '°"'�"" t'' �` :'":�' �� si b le assortment o f r ram o ortunities. - .. �.ye:;,n...»���,: P o9 PP � . . . � f � M �� • � ���'�x `` . Many examples of formal and informal joint use and program �.4 ,�• ' � `�-� -``''� `'�� -•'� `' � coordination already exist. The teasibiliry of other such � � �„i.:� �- - ' �,� .�� ��� i,,;�,� .� arrangements should be systematically explored in every com- ;.,,-.�.�� munity by the recreation staff and the citizens' advisory com- �_ - , mittee. Where necessary, technical support in establishing �_�� these relationships is available irom the division's administrative statt. �-z�-es � _ �3 -. ( q g 5 �'av�s �(� c� P(.,�� . � �c-� . POLICIES Swimming 1. Fecreation se�vice are�s should be es;sbl:s.^.e� ;o incluCe all Swimming is one of the cit}�'s �as�c recreation se^: ice; i r�r 2f285 0` lh@ Cit�. EiEvF^, ;,�, io�r,een areas S�J��.�, h� desis- city owns and ope .'c;?S fhfp°_ i:�.:!11Ci�2! 5'...,�,� „_:�: .. e rc:c� �':7:h CC S� �Fr�;:Cr, C'ser. � �.: , nc I i I „ •�, c[ ! c� _, _ c _ t.2 2'2.. �'��.. c:":C' :Ufc )plfli LS2 �::0. ('. ;h C ':� C�5 flCi� 8'iG� 0 .__ .. or person-rna�e bounc�ries. ming beach at Lake Fh:.len. Outdoor pools are a; Como Park and Highlard Far:, An indoor-ouf�ccr rcc; is 2. One center in each area shoutd be designated as a com- operated jointly by the city and the school district a; ChereKee munity recreation center. Criteria for determining which center Heights School. should be so �esigna�ed shouid be determired in consu►tation with the community in each service area. The remaining cen- The programs at these tacilities are tinanced larcely by the ters in each area should be designated as either neighborhood general fund though fee income provides some sur�or. Unti�;=_ cen;ers or part-time cen;ers. 2aain in consul;z:ion with area other city-wide programs wnich are often self-sup:.c�:r._. ;he residents. high cost of operating s�ti•imnir,g facilities requires s;,r,.e degree of subsidy. 3. A recreation progr2m which includes activi;ies for persons of all ages shoutd be deve!oped in each s2ti•ice area. Accordino to "A Policy Guide for Swimming Poo� rac�;;:;:s (1974)" the only pocl in r�c c` substan;ial r?�a�. -,:,.� 4. Services o`fered by t~e reic`borhood recre_:ien sysiem ment is the Ccmo Pzrk Pocl. E2yond thz;, the c:;�'s Ca��:a! should complemen; a.^,c be ccerdinated wi;^ c: .�muni?y edu- Allocation Poli�y for i�c� 2^� �905 pro•�ides tha; r� -.c�, s.., „ tation and private recreation services. ming pools will be added to the system. 5. Where ciry-owned f�cilities are not avaiiable for recreation Golt programs, every eifort should be made to 2rrar,ce for joint use The ciry offers golf progrzms which are largely self-sup�or,in5. with neighboring schools or private tacilities. There are three 18 hole courses (Phalen, Como an� Hi�h:a�d) and one 9 hole cours2 a: Hichland P2rk. 6. Surplus schoo! i2cilities r2y be acGuired by tr.e ci,y for use r as recreation c2nters if it is determined thzt t�e `acility would There are two possibfe mear,s o` expanding the presen: level better serve the nee�s c` t�e community tha^ an exis;ing of service provided su�icient demand exists to main:ai; �;�,e center. In such cases, statting and programmin� will be discon- program on a seli-supporting basis. The first is the devel- tinued at the existing center. opment ot an additi0nal solf course which would re�:;ir� approximately 1E0 acres oi land 7. A citizens' advisary cauncil shou►d be es;abtished in each service area to advise ihe program stafi on mat;ers re�ated to The second is the censtruction of a bubbled driving range program devetopment, center hours, allxation oi statf and use which would meke possible year-round programs. oi volunteers. Skiing 8. The progr2m staft in each area should explore ways in Both downhill and cross country ski programs 2re available which volunteers may be used most effectively and should during the winter months. The downhill program is housed at provide on-going training for those volunteers. Como Park golf course, using the Como clubhouse as 2 chalet. The clubhouse is in need oi major renovation or replace- 9. !t votunteers demonstrate an interest in providing additional ment to support ski programs (tessons, open skiing, ren;als) as services at any et the centers, within the contex; of the area- well as to serve the needs ot the golf program. Cross country wide program plan, the division v+ill, to the extent possible, pro- ski programs (tessons and rentals) are ofiered on the golt vide them with technical assistance and access to the centers. courses at Phalen and Highland while groomed trails are pro- vided at Crosby Farm/Hidden Falls Park. CITY-WIDE RECREATIONAL SERVICES Complementing the neighborhood recreation system are a Skating number of programs which are most eHectively delivered on a Skating programs are provided by the city primariiy on a neigh- tity-wide basis, either because oi the specialized nature ot the borhood level, with general and hxkey rinks installed out- iacilities or the efticiency oi a centralized operation. They doors during the winter months. The demand for inCoor include: goli, downhill and cross country skiing, concerts, skating is met by eight indoor ice arenas within Saint Paul. municipat ath{etics, swimming and programs for the elderly or They include the Saint Paut Civic Center Auditorium complex physically or meritally challenged. Several of the programs are and seven smaller arenas operated in the city by Ramsey p�imarily fee supported while others depend on support irom �unry. the general fund budget . In addition, the city has a long tradition of suppoRing speed In addition to the programmed recreationaf facilities, city skating, maintaining a regulation outdoor speed skating oval at residents are served by a number of dawntown parks. These Lake Como. Planning is currently underway to explore the parks not oniy provide essential open space in the city's cure, feasibility of siting an artificially frozen oval in the metropolitan but are ideal locations for �;ntertainment of downtown resi- a� ea. Such a facility would be }inanced trom metropolitan dents, visitors and workers. sources and would provide for a longer, more predictable speed skating season. 3-21�5 1� � `� . , . q� --t395 . ��" � ,-� - �� � . . � E\HI=Ii A ` _,,,, � The Tatmuy To�ah w•i:l ell;,•�• lhy ��SS ot tho ? .`uo?litiee lo a;l ot o�r nai�hbors K•,4etnar !or c�onla�eovs 'plcku�' ac�ivhlss or orpanizbd tngc�r,� pr��rQT N'i:t ne�•er tha tscllities ar9 nof needed or ucad by the Telmvd Tcr�h. ' 7h� Tal.lud Tor�h K�ill r,ot rv �i;o any no;+ce far �assiva or casral usa;s tt tho facili;�es. TF n1y ask for advar.ca not�c� and a s�irit o�! co�pe�n;;on in sc`9c';�It�� �yoin� ac;iv;ties such a: (_�p�_, or socCar. NGRA, G;;la T`�oY ��'��� �et lance in eny cf .tie property exc�pt th9 'Tet Lol' for otv�ous sec�ri,y rea;ens. An p�ient ��•t;o ���ishas to brinq �,tioi� c`i►dren i� play in lhe 'Tot Lo wiil ba wolcone to do so. - � \ . . • �•`«..•� %/, .� !'% i�/ .. (' //�� .. � ���r.� ��/ i��,� ��'� .�� •i) !� ', /. / i/�iC � /L/�t,� , �., w ,. , . � . � . � . . . i ' '`� :.;- ;, ; � . c�: J • • �' .,�•.:.,� �n n�'.�. � i c^ � ���'. . er . . . ...�. . , ` , .�/i/'.� //l���//i'///�%/ � i �/�i ���� .� �/�/ � • / � '� ��/ /9 /� � ..) �j[`S '<' I 1 � I. , � �' � , � �. I I , ��-/ I� f/ ..1 �' `� .S � // ���• � � � ' . -�... JC• /G• 1�1{-� i� �r r.'_ i �> �• v/' • ', t. / i►u L.� it I,�� ; S_.��; ' 1 �.�;�� .�.:��— �7� / /�. ,-- ,'..- . � r `'' Citizens' Petition 3--1 All excerpts are from documents submitted to U.S. Disvict Court, District Court of hlinnesota, Four[h Division, Civil File No. 4-89-939. Excerpt from Affidavit of Sheila R. Godes, President of Talmud Torah, in Opposition to Motion for Preliminary Injunction (111, p. 6): It is the intention of the Talmud Torah to remodel and expand the existing school building which has a"foot print" of approximately 6,000 sq. ft. The expansion would result in a total "foot print" of approximately 10,000 to 12,000 sq. ft. The newly remodeled and expanded building will be on the westerly edge of the site in the same place as the existing building. The area of the total site is approximately 165,000 sq. ft. Thus, after the acquisition by the 'Talmud Torah and the remodeling and expansion of the building, the open space lying to the east of the building will be essentially the same as exists today. Excerpt from School District Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Preliminary Injuction (�A, p. 15): The closing will merely pass ownership of the site from one party to another. As the President of Talmud Torah states in her a�davit, 'after the acquisition by the Talmud Torah and the remodeling and expansion of the building, the open space lying to the east of the building will be essentially the same as ezists today.' Excerpt from Talmud Torah of St. Paul Memorandum in Opposition to Motion for Preliminary Injunction (�1, p. 2): 'The Plaintiffs' desire for open space will be enhanced by the continued use of the Edgcumbe property as a school site by the Talmud Torah with a school building on the western end and the rest open space. The Edgcumbe property has been used as a school building site with an adjoining playground for 60 years. That is exactly what will continue when the Talmud Torah acquires the property. The continuance of the status quo ante, which is precisely what Plaintiffs want, cannot hurt the Plaintiffs. I �� ,� � � a� ��3�� Citizens' Petition 3--2 Letter to Editor from Sheila odes, Pres�dent, Talmud Torah Board of Directors (Highland Villager' Jan. 24, 1990): A new ho e for Talmud Torah The coming year ill De a Dusy and exciting one for the Talmud Torah ot St. aul. We are scheduted to complete our 'purcAa+e o( the to r Edgcumbe Schoo! from the St. Paul ' School Boai'td:an Fe nury 1. Aher that, we will be devot- ing conafdernble tlm and energy to the process ot design- Ing and building ou new ic�ool. We are deltghted t have Ne opportunity to remain in St. Paul, where we ha pperated a xhoo! for well over 60 years. HtgAlan� Pa i� a beautiful neighbor�ood with a urong community : irit. We are pleased to be able ta con- tribute to the conti ing growth and development of the Highland area. ; During the pa�t y�, the Talmud Torah has been very fa- tunate to have the s port and cooperation of many St. Paul raidents and elect oHiciats in our tf(orts to find an a� propriate space for r growing xhool. Une ol our key o� jedives was to Hnd location that would otter ampie green space and playing Id� tor our students. While our new Duilding at tAe Edgc mbe site wiii be larqer than the exist- ing Edgcumbe Sch , we are committed tu maintaining the eastern hatt of tAe operty as open space. We wilt gladly ' share this space w' neighborhood residents lor organized and spontaneous re reational activities. Talmud Torah's N w Building Committee is now in the procas ot devebpi g recommendations (or the design of our new building. W will De happy to share our plans with the community as t y evolve. The St. Paul Police Depart- ment's Southweat A a Team will De able to remain at the old EdgcumDe Sch I until September I. As president of th I Talmud Torah ot S�. Paul. 1 am look- ing forward to the c ing year with grea� excitement and enthusiasm. I intend to do everything I pc�ssiDly can to en- sure that the entire mmunity will benetit trum tAe growth and success ot our hool. heila Godes, President almud Torah Board of Directors � '1 �_ io ��.. CITY OF SAINT PAUL � � � o,.:� �,• ;�•,. F �► OFFICE OF THE :�1�lOR '' ii�i'iii'ii = 3 i —�- ? • - .. � u•_ -_- a-�� c��r�• �aLL .1.1\IF:N �t'lIh:1NF:I. �AI\T P.�C'L. �li\\ES(�TA 3.i70 \I.\YUR (f17•_) '_n3-�3•_'3 April 24, 1990 Judith A. O'Donnell 782 South Syndicate Street Saint Paul, Minnesota 55102 Dear Ms. O'Donnell: Thank you for your recent letter expressing your concerns over the loss of two soccer fields and the spontaneous recreation space that was available to city residents at the old Edgcumbe School site. I talked to Sheila Godes of Talmud Torah about this and she assured me that the addendum to the purchase agreement clearly states that the playground area will remain open and unfenced. i Ms. Godes stated the area could be used by adults as well as � children and the new buildings contemplated will use only a small portion of the land area. Approximately 50� of the property wil� � be open space and will be available for use of residents as it has been in the past. I regret I was not available to discuss the Highland-Groveland problem with you and other neighborhood residents. I always appreciate citizens taking the time to write me about what is happening in the city. Thanks again for sharing your concerns with me. Sincerely, � � ��:��:/ S -�� James Scheibel Mayor JS:rl � ': _ - •.�: _ (;� - /1 q� —1395 r+ �.; ;� !.: = l i �' 1 '�'� � + ,. . . _����i��. L���. .. �'",�� ,�:;�.r�ll:i� ���t"��"� E�G� rd: ('y�f I"I I.� � 11 ��: e t i� rl�� ij f'v � I� � f' i� r l � � u L� �� i� i i�J �� Q�� � L' �� i� r1J L t�� � � t f�{ C' r� t! '�'t S 1_ h ll :I ; ;� i N ;�' j�� 1_1 �' Fr_r�� F 'i�t'I�.'r'�;':��.� ,_ _�; tI: tl'� rr i� t�'t"r(I.� t�i 1t�_ bt"i;Y�ltar..tUt"8� 'i'it"i1"i 1u�" ;N�.:rr8! rr�;��r�:, ► t��,; �� ��,��,y 1i��,�� ir�, t��;� ar .,� t:�r tr�re� �a�����: ,�n� rny in�yr_����;�rr�ent in thr r�;;tC�t'�� iii 'f'i� ,ciii�i�i��"i"!��:�� �f�i� T�il �G� 'I �+�'5h t�e��3�i t'S'r'�i rr�c�ntns 8qi�. I 11;9'v� 5 i]��ire+: lil rir' �r�d E�«�_�tic� , 9C1� 5�1►?r��i�r�� �nt�rr l BrC:rilteCti�re. Whrn I l���rr��� :r; �.�.;;�.� i�t 19��� tt����t t'r;; =+�li �ding ,;�;d gr��un� r��oui�7 t�e .:��ar�i; ic��rt�u altered i t�e�a tr� 1ac�E:� int�, its P,i�t �r�a. I ha�re sper�t much time �r�d en�rgy r�_.��r�Yhin�� ,�n�� t gre,�t re�p�rt for �li th�t t�r. ��igington h5s dr_�ne fc�r tr�is r:�t�. i . i { r � �� ' '. j. _. L, -. �.. 1 Y� . j } i L, i . P � :.� i '- � ; • ' 8t t �9tta�;;C:..; _ ��_ .����: u��.� Ci trr'i?d t�� .,�� �. .:���- ��, !)Ni_? F���.fir� . { 'v'�r't�i:ii� +�T�- t0 Erit:r_��.:r���e �r� addition th;�t is re �rc.trr.,� of tr�� r�i� tt+ri�: nat�.�r� �r�d aua�ity of t'i�? �+..:il�ir��a ,�r� it:, ��e�,i�an�r. My f�milu r�,�=_� t�?Gurn� ir�V��l�Yed �rit this is:ue in the la::t fet,�,� rnonth� because �ve mo��ed herF tr_� �;;;� and r�i�e our cr� ldren ;�,�ith access tc+ a corr�mur��ty par in a resi��r:;i�� ��lirr��'e �r+i tr �ncoura . corr►rnur�ity inv�lv�m�nt ��ith ilaues tP��t ���i11 t.F �r���rd tc�r gener�ti�ns. A schoc� Guilding tr�at t�ll��n1� the re�re.ent�ti��r�� ma�e b.y .yo�.�r b��r tc��ar y�5rs �qa �uld Ge � wor�dertul apportunity far ew�eryar�e. Tha: t�uiidir�y c��ulu be � fir�e trit�ut to an extr�or�in�ry architect. �inc:erely, JeannE Er�gei 7q7 Ridge Street S8i�1t F�ul, Mid �S 1 16 cc Mayor GulErr�an, Plsnning Gomrni sion, Mike Hgrri:;, Heritage Preservetion Cammission ,:; ,; - city of saint paul - planning commission resolutio�n file number 94-49 �te August 12, 1994 WHEREAS, TAIMUD TORAH, file # 94-121, has applied for a Site Plan Review under the provisions of Section 62.108 of the Saint Paul Legislative Code, for the purpose of constructing a proposed expansion of the existing Edgcumbe School building on property located at 1287 FORD PKGIY , legally described as Lots 1-28, Inclusive, Block 2; Kings Park View including all vacated alleys adjoining; and WHEREAS, the Zoning Committee of the Planning Commission on OS/12/94, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact and found that the site plan is consistent with: 1. The city's adopted comprehensive pIan and development or project plans for sub-areas of the city. The 1980 section of the Comprehensive Plan for District 15 makes several references to green space. It says - "Increase recreational and open space in District 15 as it becomes available, i.e., Edgcumbe School site." (Page 4) - "The Edgcumbe School site should remain an unstructured playground." (Page 5) - "When school properties are permanently closed, maintain as much open land as possible as recreation areas in keeping with the character of the neighborhood." (Page 16) The 1985 Parks and Recreation section of the Comprehensive Plan addresses green space and the issue of joint use. - "Additional land or facilities will be acquired only if it can be demonstrated that a significant aeed cannot be met by other city, school or private facilities." (Page 2) - "Joint use agreements with the school district or private moved by VauQht � se�conded by Treichel in favor Unanimous against - - - _ - - - Z � - - qy -13qS recreation provider can expand the number and types of facilities available to the co unity without additional capitol expense." (Page S) - "k'here c.'.ty-ow-ned f cilities are not available for recreation __ programs, every eff rt should be made to arrange for joint use with neighboring sc ools or private facilities." (Page 12) The site plan leaves the ast 300' of the block for open space. The contract for deed require Talmud Torah to allow public use of this space when it is not need d by the school until the contract for deed has been paid off. 2. Applicable ordinances of he City of Saint Pau1. "Public, parochial and ot er private elementary ... schools" are a permitted use under the z ning for this property. The zoning code permits a building to cover up to 30$ of the site. The� proposed building meets t is standard: it covers 14$ of the site (27�a of the site excluding the ea t 300 feet). The site plan meets all other applicable zoning standar s including setback, building height and parking and does not requ re any variances. 3. Preservation of unique ge logic, geographic or histoxically signiiicant characteristics of the ci y snd environmentally sensitive areas. The historic significance of the existing Edgcumbe School building has been raised as an issue b the neighborhood. The brick and stone building was built in 193 . The architect was Clarence Wigington who also designed the Highlan Water Tower, the Hamline Recreation Center, and the Harriet Island Pa ilion, all of which are on the federal list of historic sites. However,'the Edgcumbe School building does not have any official federal or local designation as an historic site. The building was not included in a 198 survey of sites done by the Saint Paul Heritage Preservation Co ission and.the Ramsey County Historical Society to identify poten ial sites for historic designation. Because the site is not d signated by the City as an historic site, the City has limited power fo architectural design review. The only mechanism the City has to deny a permit for the reason of historic preservation is by a mora orium from the City Council intended to provide time for a study f designation. The process of designating a site takes 6 to 12 months. The Heritage Preservation Commission decided on August 11, 1994 that i would look favorably on such a designation, it did not have sufficien funds or resources to do a designation study. 4. Protection of adjacent an neighboring properties through reasonable � provision for such matter as surface water drainage, sound and s�ght buffers, preservation of ews, light snd air, and those aspects of design which may have sub tantial effects on neighboring Iand uses. Traf c One of the ma' site plan consideratians is the increased traffic and its effect on he neighborhood. Like any school, this one 1.. � will bring more cars and buses into the area. The impact will be diminished by the relatively small enrollment of the school but that will be offset by the fact that most students will be driven or ride the bus. Based on current enrollment and bus ridership, it is likely that about 120 children will be driven to school each day (80 elementary school children and 40 pre-school children). The number of cars dropping ofi children in the morning and picking them up in the afternoon will be less than this given the fact that there will be siblings sharing rides and some car pooling. These numbers would, of course, increase if school enrollment increases. Most cars will use the parking lot to drop off children at the main building entrance. The entrance to the parking lot is on Hamline, across the street from the golf course. The parkine lot has been designed with a cul-de-sac at the end so that cars will exit out the same driveway onto Hamline without using the smaller residential streets. Some cars with children going to the preschool would drop the children off at a separate entrance on Ford Parkway. A bump out (an area where the street is widened by moving the curb closer to the sidewalk) is called for on the site plan in front of the preschool entrance so that cars stopping here will not block traffic. Approximately 50 day school students currently ride a bus to school. There are currently S buses in the morning bringing students and 7 buses in the afternoon picking up elementary school students and dropping off after-school students. To lessen the impact of bus traffic on the neighborhood, buses will load and unload on Hamline Avenue. There is room for 3 to 4 buses in the bump-out proposed for Hamline, depending o:: the size of the buses used. However, given the fact that the buses do not pick-up or drop-off kids at exactly the same time, this space should be sufficient in most cases. If enrollment increases in the future, this will not necessarily increase bus traffic since most of the buses now have 10 or fewer Talmud Torah students on them. Landscaving Heavy landscaping and a berm will be used to screen the parking lot from the houses across the street. This site plan shows 19 Spruce trees between 6 and 8 feet tall at the time of planting as well as shrubs planted between the Spruce between the parking lot and the sidewalk. In addition, shade trees are already scheduled to be planted in the boulevard by the City as part of street and sewer work in the area. Most of the mature trees on site will be preserved. New trees, in addition to the existing trees, will be planted on the south side of the building to diminish the visual impact of building on the neighborhood. i htin The design of the lighting is consistent with protecting nearby residences. Lighting for the parking lot will use cut-off type fixtures to minimize light spilling over to residential property. Fixtures mounted on the building wall will also be cut-off fixtures simed to shine down on the play areas. Building material Concrete masonry is proposed for the facade of the - - Za. - 0,�-�3q5 new building. Concerns h ve been raised that this material is not compatible with the brick�exterior of the existing school building or the surrounding houses. owever, building materials are not regulated as part of site plan revi'w. , S. The arrangemen[ of buildi gs, uses and facilities of the proposed development in order to a sure abutting property and/or its occupants wi11 not be unreasonably ffected. The arrangement of the bu lding leaves the east 300 feet of the site for open space. The arrangement of the bu lding and parking lot is intended to minimize traffic in the surroundin neighborhood. 6. Creation of energy-conser ing design through landscaping and location, orient2tion and elevation 'of structures. The school would meet cur ent standards for energy conservation. 7. Safety and convenience of both vehicular and pedesrrian traffic both within the site and in re ation to access streets, including traffic circulation features, the'Zocations and designs of en[rances and exits and parking areas within e site. There would be increased affic in the immediate area from the school. However, most traffic wou d be confined to Hamline. Hamline is a collector street and is d signed to handle heavier traffic volumes than local streets. The site 'lan has been reviewed and approved by the Department of Public Work I Traffic Engineering Section. The main entrance to the ilding is accessed from the parking lot which has been designed so all 'rs enter and exit from Hamline. Only the entrance for the preschoo 'program would not be accessed from Hamline: its door would face Ford rkway and cars dropping-off or picking up - students would park in a p out. Buses will stack on Hamli in front of the building where a bump out will be constructed. If e bus stacking area is full, buses would wait on an adjoining street bu 'this would be the exception rather than the rule. 8. The sat�sfactory availab! 'ty and capac�ty of storm and santtary sewers, including solutions to an �,drainage problems �n the area of the development. The sewer and drainage pl have been reviewed and approved by the � � Department of Public Works Sewer Engineering Section. 9. Sufficient Zandscaping, f ces, wa11s and parking necessary �o meet the above objectives. � The plan calls for 48 par 'ng spaces which is enough space for staff and other people using the school except for occasional special - � 23 _ - functior.s . Extensive landscaping will help screen the parking lot from the � neighborhood., 10. Site accessibility in accordance with the provisions of the America:� with Disabilities Act (�A), includin� parking spaces, passenger Ioac'::,; zones and accessible routes. The site plan meets ADA standards. The main building entrance will be accessible. There will be 2 accessible parking spaces located near the main entrance. 11. Provision of erosion and sedimentation control as specified in the "Ramsey Erosion and Sediment Control Xandbook." The site plan does not currently show erosion and sediment control, sLCh as silt fences, construction entrances, catch basin protection and seeding schedules. These must be added to the plan and reviewed by staff before final approval can be given. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the authority of the City's Legislative Code, the application for a Site Plan Review to allow Site plan review for a proposed eYpansion of the existing Edgcumbe School building. at 1287 FORD PKWY is hereby approved, subject to review and approval by City staff of erosion and sediment control measures _- _ _ - -�- 2Y �� • � 3q5 � Plan has been tentatively cheduled for the Commission on October 21, 1994. We may be havinQ a joint 'hearing on October 19 at 7:00 p.m. after the regular Ciry Council meeting. M'. Cornejo and Councilmember Marie Grimm will continue to discuss the po sibility. This would be the first joint public hearina. The process after that wo ld be the same. The Planning Commission would ta;:e the testimony under advis ment and make a recommendation to the City Council, who then «•ould ke action without having another public hearin;. - Meeting with the Minnea olis Planning Commission: Mr. Cornejo will phone Mr. Blake Graham, actin '' Plannin� Director in Minneapolis, to schedule the net meeting, perhaps around :00-4:30 p.m., Thursday, August 25. Point of discussion will be the Planning Com ission's report on poverty and racism, Yoices of Pain and Hope. � - Historic Preservation Desi ations: h�ir. Cornejo has reviewed 3 designatior,s: 1) the Burbank Row House o Goodrich, just off West 7th Street; 2) the Exchan;e Buildin„ downtown, and 3 the Grandview Theater. - Amphitheater Update - B I b Geurs � Mr. Geurs informed the � mmission that the HRA has approved PACE/Cellar Door as tentative develop r on the site south of Fillmore Avenue between Robert and Wabasha Stre ts. A Scope of Work has been prepared, submitted and approved for an Amp itheater consultant. The land title should be clear in approximately sic.�nonths.' IV. PUBLIC HEARING: Talmu Torah Site Plan Review - Tom Beach Mr. Beach introduced the p lic hearing with a brief history of the property, a short slide presentation, and summary of the staff report. Based on findings 1 through 11 as listed in the st ff report, staff recommends approval of the site plan subject to staff review and a proval of erosion and sediment control measures. Chair McDonell asked Mr. gal to define the Planning Commission's role in site plan review. Mr. Segal resp ded by defining what it is not. He stated that a site plan review does not consist f reviewing joint use a�eements; it does not consist of reviewing building materi s; it does not consist of reviewing a permit issue. The Planning Commission's role a site plan review is first to consider whether the proposed use is a permitted � se in the zoning district. In this case, there's no issue with use. The the Commissi n must consider whether the site plan is in compliance with all zoning and land dev opment codes. If these codes are not met, the changes need to be made on e site plan before a building permit would be issued by the License and Inspectio Division. Landscaping and off street parking are items looked at. He said tha site plans are also reviewed by the Public Works Department to determine w ther there would be any traffic problems caused by ingress or egress. � Chair McDonell read the Pu lic Hearing Rules and Procedures and then proceded to the public hearing sign-in ee� Mr. Peter Engel, 797 Ridge reet, spoke in opposition. His concerns are: - �ncreased traff�ic because this ill be a commuter school; �decreased open space in - _ _ - . - ,�� an area that already� has too little; decreased recreation spacz for public use; tnz building materials which will be used for the new school; and that the histor;c architecture of the existing buildin; should be preserved. hir. William Rosen, 2� 10 World Trade Center Building, representing Tslmud Torah, encouraaed the Planning Commission to approve the staff recommendation. Mr. Norman Rose, 1324 Ford Parkway, spoke in opposition. Mr. Jack Adler, 1311 Hillcrest Avenue, spoke in opposition. His concern was decreasing properry values of the houses in the neighborhood. Mr. Rick Wessberg, representing Armstrong, Torseth, Skald, Rydeen Architects, 4901 Olson memorial Hi�hway, Golden Valley, gave a quick over view of the buildin�. Senator Richard Cohen, 591 South Cretin, spoke in opposition, reiteratin� the neighborhood concerns. Mr. Vaught asked what measures the State legislature has taken in the last few years to either provide money to the City of Saint Paul for the purchase of this properry or authority to bond to purchase the properry or even for State purchase of the property. Senator Cohen responded by giving a blow-by-blow historical account of attempts to purchase the properry. Ms. Judy O'Donnell, 782 South Syndicate Street, spoke in opposition. She thanked Mr. Cornejo and Mr. Beach for their time and effort in consideration for the neighborhood concerns. She continued with a history of the properry, and also noted the importance of a joint use agreement. Ms. Patricia McGuigan, 1321 Pinehurst Avenue, spoke in opposition. She lives directly across from the property and she is very concerned about increased traffic that the new school will generate as well as inadequate parking available on the property itself, especially if there is future growth. Mr. Robert Goswil, 744 South Syndicate, spoke in oppositidn. He was especially concerned about the loss of greenspace which has been used for years by the community as a park. � Ms. Gayle Summers, Community Organizer for the Highland Area Communiry Council in District 15, said District 15 Community Council has not taken a position on this issue. She added that the Community Council has been trying to facilitate a joint use agreement and will continue to do so. She noted that the communiry is not allowed to play on the properry of the University of Saint Thomas, Cretin Durham, nor Saint Paul Academy. She hopes that the City, the neighbors, and the new school all show that they truly do value the young people of our communities . by developing a joint use agreement. Mr. Merrill Kuller, 2150 Edgcumbe, spoke in support of the site plan. He responded to remarks made by Mr. Engel by saying that this has always �teen a playground for the School; owned by the Independent School District 625. He said that iYs really not a park, unless in the minds of those neighbors . _ � - 2 � . - _ . - q�-1395 immediately adjacent to it; t ey feel it's a private park. He continued to say that , the neighbors have done ev hing they can to keep the school from being built. He added that all parochial chools are commuter schools. He responded to l�ir. Jack Adler's remarks regard g depreciating land value: He stated that he built his house 40 years aao before t'e senior high school was built across the street and he ` has seen the value of his ho se go up 8 times. Mr. Jeremy Maybero, an arc� itect who is on the board of directors for Talmud Torah, spoke in support. H' e�plained that the current site plan was developed b}• conducting meetings with th neighborhood as well as Talmud Torah in order to incorporate as many needs a possible. He pointed out the open space on the site plan. Commissioner Schwichtenbe �g asked Mr. Beach how the open space on the properry is presently bein� u ed and programmed for or;anized youth athletics, and how this use will be effected y the new site plan. Mr. Beach responded that the amount of green space will reduced. He noted that a previous speaker said that two reduced size soccer field could still be accommodated but he cannot say if this is true or not. Mr. Mike McQuillen, 1311 ehurst, sug�ested there is a problem in the process of informing nei�hborhoods as o what is going to be built and when it is going to be built, and he urged the Com � ission to table this issue until a joint use a;reement can be worked out. He felt at traffic patterns need to be studied and other facts obtained. He said that ther is no more urgency today than there was four years ago. �, Ms. Mary Jo Skaar, 798 Sou Syndicate Street, spoke in opposition. Ms. Martha Engel, 797 Ridg � Street, spoke in opposition. Her concern is to keep the open space available at a maximum. Ms. Jeanne Engel, 797 Ridg Street, spoke in opposition. She was mairily concerned with preserving th building in its unaltered state as an historic site. Ms. Jamie Shacter, 2091 Pal I e Street, spoke in support. She said that in her experience schools in the nei borhood did not detract from property values. Mr. Marvin Perzig, 1764 Hill est Avenue, spoke in support. He said that in the 30 years he has lived in the nei borhood there has been no deterioration of property. From his experience of se ' g time on different boards and committees for Talmud Torah, he said, the p imary concern was to not do anything which would negatively effect the neighbo ood in which this school is located. Mr. Perzig pointed out that even though the community has no joint use agreement for use of . greenspace with other schoo , it is almost expected that Talmud Torah must comply with the neighborhoo 's demand for joint use, which is further and beyond that which any of the other o ganizations are prepared tc do. He added that from the inception the neighborho d has provided nothing bur opposition for the use of this property as a school. � 27 Commissioner Sch��•ichtenber; asked Nir. Perzig whether at the time that Talmud Torah bought the property from the school district in 'S9, there were agreements or other conditions, stipulations, involved. Mr. Perzig answered that he was not on the ' board at that time; Mr. Rosen represented Talmud Torah at that time. Rabbi Nforris Allen from the Beth Jacob Congregation, 1179 Victoria Curve, Mendota Hei;hts, spoke in support, responding to the lack of urgency comments. He said that any school has an urgency when its current facility may not meet current codes, re�ulations; when the current facility cannot handle its growth; and in Talmud Torah's case, when the current facility was never intended as a day school in the first place. He commented also that now a link could be forged between two minorities: the Afro-American (architect of the ori;inal school) communiry and the Jewish community in a way that probably links the vision of both and their commitment to education. his. Judy Rudin, 1893 Yorkshire, spoke in support, commentin; that many of Talmud Torah's people do live in the neighborhood, and reiterated that the buildina presently used as a school is too small and the facilities that need to be there are not there. Mr. Paul Garland, 371 South Warwick, spoke in support. He stated that when Talmud Torah moves to the Edgcumbe site, school for his children will be closer than at the present. He pointed out that many of Saint Paul schools have been turned into magnet schools. There are a lot of schools within neighborhoods that have had to accommodate increased traffic and increased buses. Many schools were originally built for students coming from 4•6 blocks away. Neighborhoods are adaptin�. Ms. Stockwell, 1297 Hillcrest, stated that the neighborhood did not sue Talmud Torah. Mr. Rosen, representing Talmud Torah, answered Commissioner Schwichtenberg's previous questions regarding the 1989 purchase of property. Mr. Rosen commented on Mayor Latimer's eloquent speech favoring Talmud Torah's purchase of the properry. "He urged us to enter into a written joint use ageement with the City of Saint Paul.....two days we sat on Mayor Latimer's living room floor framing a joint use agreement which was signed by the Mayor on behalf of the Ciry and Talmud Torah.....at the suggestion of the Mayor, we had a provision in that agreement which said that if Talmud Torah is sued, they can cancel the agreement." He added that a lawsuit was served and the Mayor was outraged. Talmud Torah then cancelled the joint use agreement. Following that, another joint use agreement for use of the greenspace was put into place as part of the contract for deed with the school district (a 30-year contract which has roughly 25 years to go), and continues to be in effect. He then urged the Commission to approve the site P�• TIO : Commissioner Morton moved to close the public hearing and refer the site plan review to the Zoning Committee. Commissioner P.iehle seconded the motion. - - � - - � � Z� - ��� 1 ��� Commissioner Vauoht sai he would vote a�ainst the motion; he saw no �rea��n t�� refer to any committee. Mr. Cornejo added comm ts related to buildin; desi� and joint use a� He said he's heard that th e is discussion goin; on regarding possible desiQn revision. He added that e n thou;h desi�n is not an aspect of site plan revie«�, i: is a legitimate city plannin concern. Regarding the joint use agreement he said that the first findin� for sit plan review deals with consistency with the Ciry's adopted plans. The Parks nd Recreation section of the comp plan does ask for consideration of joint use a eements whenever there is a possibiliry. It doesn't demand it; it doesn't say th t you can't approve a site plan if there is no joint use agreement. In fact, as som of the testimony today has pointed out, there are very few of those kinds of a�ree ents in the Ciry. There is good discussion on a possible other joint use a� ement that would supersede the one already in place. hfr. Cornejo sug�ested that'as the Commission decides which course to take the�� have two principles in min 1) advancin; the process so that the conclusion is one that everyone can live with; and 2) if the decision is to send the review to committee, which is the no al process, the odds will most likely improve to obtain those things which everyon says they value. Commissioner Treichel sai she was in favor of votin; today; not sending it to committee. Commissioner Kajer said h' ag�eed with Commissioner Treichel and also said hz felt that no matter what de sion was reached today, there would be an appeal regardless; he was in favor f moving on. Commissioner Vau;ht com ented, "Ditto and ditto." Commissioner Schwichtenb g said he supported the motion to send it to the Zoning Committee; he felt t ere was not adequate information. Commissioner Geisser state she believed there would be no new information brought to the Zoning Com 'ttee and was in favor of voting today. Commissioner Gumey said e supported a vote today. MOTION: There was a mo 'on and second to call the question. The motion carried unanimously on a vo e vote. The motion on the floor to nd the site plan review to the Zoning Committee failed on a voice vote. OTION: Commissioner ught moved to close the public hearing and, based on findings 1 through 11 of the taff recommendation, moved to approved the site plan subject to staff review appro ing erosion and sediment control measures. Ms. Treichel seconded the motio . The following discussion ensued: Commissioner Vaught added that he was tr ubled that the issue of the joint use agreement has been raised because he cann t see the connection between it and conformance to the comprehensive plan. T ud Torah should be commended for entering into a _ � _ Ly joint use agreement rathec than bein� vilified that it does not oo far enough. He said that the site plan meets the eleven standards stated in the zoning code. �1r. Vaught said that the only one of those standards that was raised in the testimon�� was traffic and he is satisfied with the staff's recommendation on this point. He lives near Webster Magnet School ��•hich is much larger than Talmud Torah and has many more buses; the school and neighborhood have man��ed to co-exist. He believes that the issue of the historical si�nificance of the e�istin; school buildin� and its Afro-American architect is an attempt to guilt trip the Commission. The motion on the floor to approve the site plan carried unanimously on a voice vote. V. Zoning Committee � 94-114 Carol Kuettner - Rezone to RT-2 to allow an e�cisting triple�c to remain (107� Ashland Ave; zoned RT-1). MO'ITON: Commissioner Morton moved to approve the rezoning. The motion carried unanimously on a voice vote. �94-128 Fortune Auto Sales - Special Condition Use Permit to allow outdoor sales of used automobiles (646 Rice St; zoned I-1). MOTION: Commissioner Morton moved to approve the requested special condition use permit with two conditions. The motion carried unanimously on a voice vote. Commissioner Morton read the a;enda for Monday, August 1�, 1994. VI. Comprehensive Planning/Economic Development Committee No report. VII. Neighborhood Planning Committee No report. VIII. Land Use Committee No report. IX. Task Force Reports No report. X. Old Business None. XI. New Business � '� _ - � �� �,� `� • . PLANNING C0�4IISSION STAFF AEPORT FILE �t 94-121 1. APPLICANT: TAIMUD TORAH , DATE OF HEARING: 08/12/94 2. CIASSIFICATION: Si�e Plan Iteview 3. LOCATION: 1287 FORD PKWY block bounded by Hamline, Pinehurst, Syndicate and Ford) 4. PI.ANNING DISTRICT: 15 5. LEGAL DESCRIPTION: Lots 1 28, Inclusive, Block 2; Kings Yark View including all vacated all ys ad�oining 6. PRESENT ZONING: R-2 ZONI G CODE REFERENCE: 62.103 7. STAFF INVESTIGATION AND RE ORT: DATE: 8/3/94 BY: Tom Beach A. PURPOSE: Site plan revi for an expansion of the existing Edgcumbe School building. Talmud T rah proposes to use the expanded building for an elementary school, a pr -school and an afternoon/evening education program. B. PARCEL SIZE: 3.71 acres !(162,000 square feet) C. ERISTING LAND USE: The ld Edgcumbe School building is located on the west end of the site. The uilding is currently vacant. The rest of the site is green space that i used for both organized recreational activities such as soccer d informal play. D. SURROIINDING IAND USE: North, east and south: Si'gle-family residential (Zoned R-2) West: Hi land Park and Golf Course (Zoned R-2) E. �ONING CODE CITATION: Sec ion 62.108 of the zoning code lists 11 findings that must be made, y the Planning Commission in order to approve a site plan. These findin s are listed in Section I of this report. F. PROJECT DESCRIPTION: 1. Building Talmud T l ah owns the existing school building at the west end of the block. This building is two stories tall. It has 6 classrooms in 12,700 uare feet of floor area. The expansion being p posed would also be two-stories and would add 28,000 square feet of ew floor area. The main entrance to the 3� school would be shifted from its current location on the west , (Hamline) side of the building to the north side where a new 48- space parking lot would be built. 2. Enrollment,lpro rams An elementary school for K-6 would run from 8:30 to 3:00 Monday through Friday. The enrollment at their current facility located at 636 S. Mississippi River Boulevard is 140 students. The proposed building could handle up to 300 elementary students. Talmud Torah says that it cannot predict how enrollment will change in the future. A pre-school program for children ages 3 to 5 would run from 8:30 to 3:00. The current enrollment is 40 children but there is room in the building for up to SO children. However� not all of the children would be enrolled full-time. There would also be an afternoon/evening program for religious training. Sessions run at various times between 3:30 to 8:00 Monday through Thursday and from 9:00 to noon on Sunday mornings. There are currently 240 students enrolled in all of the sessions, with an average of about 50 students at any one time. 3. Buses and cars Most students would come to school by car or bus. There are currently 5 buses in the morning bringing students and 7 buses in the afternoon picking up elementary school students and dropping off after-school students. Most students who do not use a bus would be driven to school. F. HISTORY: The building was once used for Edgcumbe Elementary School. In 1989 the Saint Paul Public School District offered to sell the building and the block to Talmud Torah. At that time, Talmud Torah proposed building a smaller addition (12,000 square feet) than what is proposed now (28,000 square feet). At that time, Talmud Torah signed a joint-use agreement with the City to allow public use of the green space on the block. That joint-use agreement was rescinded by Talmud Torah when a group of neighbors sought an injunction to block the sale. However, provisions for joint use of the property were then included in the 1990 purchase agreement of the site. However, the joint-use agreement with the School District will expire when Talmud Torah pays off its contract for deed. Talmud Torah and the City are discussing a new joint use agreement. G. DISTRICT COtJNCIL RECO?'II�iENDATION: The Highland Area Community Council requested in June that the Planning Commission hold a public hearing on this site plan. Since then they have held several public meetings on this project. These meetings were by attended many residents near the site. Many neighbors have objected to the project as shown on the site plan. However, the District Council has not taken an official position as of the time this staff report was written. I. FZNDINGS: Section 62.108(c) states that "in order to approve the site plan� the planning commission shall consider and find that the site plan 3Z A�4 -1395 is consistent with: 1. T:�e city's sdopted co prehensive plan and development or project plans for sub-areas o the city. The site plan is cons stent with this finding. The 1980 section of t e Comprehensive Plan for District 15 makes several references to'green space. It says - "Increase recrea ional and open space in District 15 as it becomes availabl , i.e., Edgcumbe School site." (Page 4) - "The Edgcumbe Sc ool site should remain an unstructured playground." (P ge 5) - "When school pro erties are permanently closed, maintain as much open land a possible as recreation areas in keeping with the character of the neighborhood." (Page 16) The 1985 Parks and Re reation section of the Comprehensive Plan addresses green space',and the issue of joint use. - "Additional land r facilities will be acquired only if it can be demonstrated at a significant need cannot be met by other city, school or ivate facilities." (Page 2) - "Joint use agree nts with the school district or private recreation provi rs can expand the number and types of facilities avail le to the community without additional capitol expense." (Page 5) - "Where city-owne facilities are not available for recreation programs, every fort should be made to arrange for joint use with neighboring chools or private facilities." (Page 12) The site plan leaves e east 300' of the block for open space. The contract for deed req res Talmud Torah to allow public use of this space when it is not eded by the school until the contract for deed has been paid of '. Talmud Torah has also indicated that it is willing to negotiate new joint use agreement with the City. 2. Applicable ordinances 'f the Ci[y of Saint Pau1. The site plan is consi tent with this finding. "Public, parochial an other private elementary ... schools" are a permitted use under th zoning for this property. The zoning code permit a building to cover up to 308 of the site. The proposed building eets this standard: it covers 14$ of the site (27$ of the site exclu ing the east 300 feet). The site plan meets all other applicable z ning standards including setback, building height and parking and does not require any variances. 3. Preservation of unique geologic, geographic or historically significant characteri tics of the city and environmentally sensitive areas. The site plan is consi tent with this finding. 3S The historic significance of the existing Edgcumbe School building has been raised as an issue by the neighborhood. The brick and stone building was built in 1939. The architect was Clarence Wigington who also designed the Highland Water Tower, the Hamline Recreation Center, and the Harriet Island Pavilion, all of which are on the federal list of historic sites. However, the Edgcumbe School building does not have any official federal or local designation as an historic site. The building was not included in a 1983 survey of sites done by the Saint Paul Heritage Preservation Commission and the Ramsey County Historical Society to identify potential sites for historic designation. At least one neighbor has asked the Heritage Preservation Commission to look at the building and the proposed addition. Information on the building and the addition was presented to the Heritage Preservation Commission at their July 27 meeting but the Commission did not take any formal action on possible designation of the building or foYmally comment on the compatibility of the addition. They did ask one of the Commission members to informally contact Talmud Torah to discuss the addition. Because the site is not designated by the City as an historic site, the City has limited power for architectural design review. The only mechanism the City has to deny a permit for the reason of historic preservation is by a moratorium from the City Council intended to provide time for a study of designation. The process of designating a site takes 6 to 12 months. 4. Protection of ed�acent and neighbor�ng properties through reasonable provision for such matters ss surface water drainage, sound and sight buffers, preservatfon of views, Ifght and air, and those aspects of design whfch may have substantial effects on netghboring land uses. The site plan is consistent with this finding. ra fic One of the main site plan considerations is the increased traffic and its effect on the neighborhood. Like any school, this one will bring more cars and buses into the area. The impact will be diminished by the relatively small enrollment of the school but that will be offset by the fact that most students will be driven or ride the bus. Based on current enrollment and bus ridership, it is likely that about 120 children will be driven to school each day (80 elementary school children and 40 pre-school children). The number of cars dropping off children in the morning and picking them up in the afternoon will be less than this given the fact that there will be siblings sharing rides and some car pooling. These nwnbers would, of course� increase if school enrollment increases. Most cars will use the parking lot to drop off children at the main building entrance. The entrance to the parking lot is on Hamline, across the street from the golf course. The parking lot has been designed with 3y a� _�3q� a cul-de-sac at the e d so that cars will exit out the same driveway onto Hamline without sing the smaller residential streets. Some cars with chi�.dren go g to th: preschool would drop the children off at a separate ent ance on Ford Parkway. A bump out (an area where the street is w dened by moving the curb closer to the sidewalk) is called f r on the site plan in front of the preschool entrance so that cars stopping here will not block traffic. Approximately 50 day chool students currently ride a bus to school. There are currently S buses in the morning bringing students and 7 buses in the afternoo picking up elementary school students and dropping off after-sc ool students. To lessen the impact of bus traffic on the neighb rhood, buses will load and unload on Hamline Avenue. There is roo for 3 to 4 buses in the bump-out proposed for Hamline, depending on the size of the buses used. However, given the fact that the bus s do not pick-up or drop-off kids at exactly the same time, this s ace should be sufficient in most cases. If enrollment increases n the future, this will not necessarily increase bus traffic ince most of the buses now have 10 or fewer Talmud Torah students'on them. Landscaping Heavy l ndscaping and a berm will be used to screen the parking lot from he houses across the street. This site plan shows 19 Spruce trees�between 6 and 8 feet tall at the time of planting as well as s rubs planted between the Spruce between the parking lot and the s dewalk. In addition, shade trees are already scheduled to be plant d in the boulevard by the City as part of street and sewer work in the area. New trees, in additio to the existing trees, will be planted on the south side of the bui ding to diminish the visual impact of building on the neighborhood. LiQhting The design of the lighting is consistent with protecting nearby residences. L ghting for the parking lot will use cut-off type fixtures mounted on 30' poles to minimize light spilling over to residential proper y. Because of the berm and change in grade the fixture height wi 1 actually be about 26' measured at the sidewalk. Fixtures m unted on the building wall must be cut-off fixtures simed to shi e down on the play areas. Building material C ncrete masonry is proposed for the facade of the new building. Co cerns have been raised that this material is not compatible with t e brick exterior of the existing school building or the surro nding houses. However, building materials are not regulated as part of site plan review. 5. The arrangement of bu ldings, uses and fecilitfes of the proposed deveIopment fn order o sssure ebutting property and/or its �ccupants wi11 not be unressonably affected. The site plan is cons stent with this finding. i 3$ The arrangement of the building leaves the east 300 feet of the site for open space. The arrangement of the building and parking lot is intended to minimize traffic in the surrounding neighborhood. 6. Creation of energy-conserving design through landscaping and Iocat�on, orientation and elevation of structures. The site plan is consistent with this finding. The school would meet current standards for energy conservation. 7. Safety and convenience of both vehicular and pedestr�an traffic both with�n the s�te and fn relation to access streets, including traffic circulation features, the Iocations and designs of entrances and exits and parking areas within the site. The site plan is consistent with this finding. The site plan has been reviewed and approved by the Department of Public Works Traffic Engineering Section. There would be fncreased traffic in the immediate area from the school. However, most traffic would be confined to Hamline. Hamline is a collector street and is designed to handle heavier traffic volwnes than local streets. The main entrance.to the building is accessed from the parking lot which has been designed so all cars enter and exit from Hamline. Only the entrance for the preschool program would not be accessed from Hamline: its door would face Ford Parkway and cars dropping-off or picking up students would park in a bump out. Buses will stack on Hamline in front of the building where a bump out will be constructed. If the bus stacking area is full, buses would wait on an ad�oining street but this wauld be the exception rather than the rule. 8. The satisfactory availability end capac�ty of storm and san�tary sewers, including solutions to any drainage problems in the srea of the development. The site plan is consistent with this finding. The sewer and drainage plan have been reviewed and approved by the Department of Public Works Sewer Engineering Section. 9. Sufficient landscaping, fences, wa11s end psrk�ng necessary to meet the above objectives. The site plan is consistent with this finding. The plan calls for 48 parking spaces which is enough space for staff and other people using the school except for occasional special functions. 3 (r q4-t3q� Extensive landscaping, ill help screen the parking lot from the � neighborhood. 10. S�te eccessibflity in accordance with the p�ovision� of the American with Disabilities Act (ADA), including parking spaces, passenger Ioeding zones and acc ssible routes. The site plan meets standards. The main building entrance will be accessible. There ill be 2 accessible parking spaces located near the main entranc�. 11. Prov�sion of erosion d sedimentation control ss specified in the "Ramsey Erosion and S diment Control Xandbook." The site plan does no currently show erosion and sediment control, such as silt fences, onstruction entrances, catch basin protection and seeding schedules These must be added to the plan and reviewed by staff before final approval can be given. I. �TAFF RECOI�tENDATION: B sed on findings 1 through 11, staff recommends approval of the site plan, subject to staff review and approval of ersosion and sediment cont ol measures. ATTACHMENTS Site plan and building elevatio s 1 Comprehensive Plan on green spa e 4 Location maps 10 37 ...- �---- � � �i :L�lv� �.:.+� �� LV.V'! _C!J 11 augus�, 1994 � Members ot the Planning C�mmission: The Heritage Preservation Commission today was asked to support historic designation of a notable structure in the xiyr�la��a Park iieiyl�rti��a -- Ec�yc;wi�.�e Eleiuetltdi�y Sc;ti�ul, a ly�y building by Clarence "Cap° Wigington. The Planning Commis s ion reviews the s ite pl an for an addition to this building by the present owners, Talmud Torah, on Thursday, 12 augu�t. The process ot ciesignation is a lengthy one, as you know. Costs of documentation to support designation can be considerable. Our Conanission cannot at this time initiate the proces�. However, I am writing t� you today t.o say that the HPC would look favorably upon designation and encourages efforts by the co�rnr►unity or owners to athenticate the history of th� building and the �ite and the biography of ttie dre:liitec;t ut ti�e Eaycw��.�e Ei�,��e1�ta�y sc;r���i Ordl histories ot residents would also contribute to an appreciation of the place of the structure in the neighborhood. TZie k�uilciiiiy �re�etit� it�elt �ilu�ly. A�tvtle dlic� vi�ic;k tower anchors it to the site on the east. The builciing�s south entra:�ce echoes this feature, a surprising architectural gesture in an otherwise unadorned facade. Ornamentation i� �pare but elegant. Clarence Wigington, who ctes igned ancl built the school, is Saint Paul�s f irst black architect. He was instrumental in the construction or alteration of at least eleven schools in aaint Paul, ten of which �till r�tand. All are 511�5tdilt.l'd1.11/ dltereci, witli tlie exce�ti�ii �t Eciyc:uiu2.�e Elementary. Wigington des igned many buildings for the City of Saint Paul, none �o epherneral as hi9 ice palace� for the Winter C�•uivdl, tew Su �r�itiitieiit a� tlie Hiylilduci P�trk water tower on Snelling Avenue, now listeci on the National Register of Historic Places. Plaaainq C�sion/Edqc�unba E].amantary Scrool �9Q 1 - 3� +..�. .. � �a .c LLL� : D7" LV VM _ a�� - a� -�3�� w�gington�s career i� part �d p�rcel of our hist.or�. Edgcumbe Elementary School 's another, less imposing monument t o a r_Iuiet rir�n��er ' n D4innes �t a 2r'rhit ert ure . We kno.�i you will con:�idcr t.hc:� comancnt:� in your cvalu�tion of Lhe sil.e �lan. Rc�pcctfully dr�ftcd by xick Hauser, c;ommiss ioner on l:�ha? f of Hcritagc Prc�crv�tion com¢ni :;ion CiLy �f SainL Paul Planainq Coimnission/Ed�cumba Ela¢nent�y Sch 1 PaQQ Z 3� - - DEPARTMEN'T OF PUBLIC WORKS , Stncy M. 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DATE- �' 4'y � � subjed property ��nh�► �� PLNG. DIST MAP # ��"_ o one family •• � commercial SCALE 1" = 400' ! n ¢ two family ♦�� industrial �!�!!! f�¢ Q multi ple f ami l y V vacant � 6 �� �' From: JERRY SEGAL ( EGAL) To: COUNCIL:NANCY Date: Friday, Septe er 16, 1994 1:17 pm Subject: Talmud Torah esolution Reply requested when co venient I have prepared the Cou cil resolution affirming the Planning Commission approval of ite plan for Talmud Torah, and placed resolution in the resol tion in basket in Nancy Anderson's office. The Council might wish o take this up under suspension and adopt it next Wednesday, or o herwise it would be on the agena for the 28th of September. CC: COUNCIL:MIKE , COUNCIL:TONYS `v