Called a meeting of the Saint Paul City Council to order Roll Call, Please Johnson, you're toast. Hear him. Here. Jalali Council, PRESIDENT Maker here for PRESIDENT 3 absent being council members can buoy in Jalali who are all excused. Welcome everyone to city council meeting so people can join us on a very snowy day. We invite everyone to join us in standing for the Pledge of Allegiance. to of And one nation under GOD, indivisible, with liberty and justice for all. Consent agenda items to through 18 or before you for your consideration. And there anything to be taken for separate consideration? Seeing none. I'll take a motion for Mis Johnson to approve the consent agenda. Is there any discussion of that motion? Seeing none all in favor say Aye. All posts. 4 in favor. No one opposed the consent agenda
is adopted. Item. 19 is a staff report administering the oath of ofice to the assistant city attorneys. We have quite a full house today full of lawyers. I feel very safe. Litigated. I'm not sure. Very Excited to welcome our city attorney Lindsay all sent us a few words about we're doing here today. Thank you. Council. PRESIDENT Council members have heard today things for this opportunity? To swear in county, attorney staff. I just want to take a brief moment and talk about the significance of these all's required for attorneys. They're all set pledged to uphold both our state and federal constitutions as legal professionals serving in the city of Saint Paul, where not only advocates of the law. But stewards of our community's trust and the foundational principles of justice. These also are far
more than a ceremonial formality. These all serve as a powerful reminder that the law is not static. It's a living instrument designated to safeguard democracy and individual liberties upholding the constitution means constantly striving to interpret and apply the law in ways reflect our collective commitment to personal freedoms, fundamental rghts, equal protection due process, procedural justice and equality. This is particularly important in our diverse and dynamic community here in Saint Paul, where our actions as attorneys for the city directly impact public trust and confidence in our government. By embracing these come in and say we honor the legacy of those who championed the cause of justice before us and inspire future generations
to uphold these values. Will continue from today to work as a beacon of integrity and the rule of law for the city of Saint Paul. With that, turn it over you. Council PRESIDENT And the clerk for Thanks so much. City Attorney Alston. We welcome everyone who's getting signed to come. Join us between the gold colors. think our city clerk will stay up here to leave more room for We're gonna need it. Don't be only 5 cameras on you. Clearly behind thing. Ty to be more up to date in the future. So that doesn't happen. Thanks do. This is this plus photo opportunity there's also on able to see all right. I ask you to all please raise your right hand
and repeat after me. I state your name. Do solemnly swear to to support the Constitution's. Addition of the United and of the state of and to discharge faithfully the duties devolving upon me as an assistant city attorney. The city of Saint Paul. To the best of my judgment and ability regulations. Congratulations. Thank you so much. Thank you. Thank you all in advance for all your hard work. And in retrospect, Item 20's, abc, a 25 dash one considering the appeal of Sean Ryan, Ryan companies, us ink to decision of the Board of Zoning Appeals denying for various requests
to construct a mixed use development on the property at 2200 Fort Parkway. Thank you. Council PRESIDENT. So I just want to. Give us a little bit of background as to what's happened prior to this and item before us. So last week, this appeal item was brought back for reconsideration of our vote. And we laid this item over for one week. We Those rowdy Okay. Great. So all start over. So last week, this appeal was brought back for reconsideration of our vote. And we laid this item over one week to give our council time to se if we would be able to meet minimum threshold votes required to act on this item for approval. Gordon, previously on on FEBRUARY 19th motion was made
for approval and the vote was at 3, 3, The threshold for this item 4 votes. If there are 5 or 6 council members present ever Altus before any before of us to actually 3 votes. However, in any of these situations, we do not have enough votes. 2 to take such action. And I would like to make a motion to withdraw this per Minnesota's statue, 15 99. If no action is taken by that city Administrative Review period, which is 60 days and that would be MARCH 17th 2025, the application will be approved Operation of Great thanks. Must just appreciate you taking the time to walk us through. I think this has been a little bit of a confusing process for those watching at home. And I think it's really helpful to have that. Transparent, clear explanation of what's what's going on here. So there's a motion to going need a vote. It's just us with drying as the author. Sponsor.
I know 21 news, abc, a 25 dash 2 considering the appeal of Sean Ryan, Ryan companies, us ink to decision of the Board of Zoning Appeals to 9 to variance requests to construct a commercial building on the property at 0 Avenue South. So similarly, this item with a bza. 25 dash one. We also about the specter reconsideration and laid it one week. So see if be able to come to meet the minimum threshold of votes. Take action on this item. Similarly for bza, 25 Dash one. We do not have the votes to take such Know again Beeing withdrawing this item and similarly per Minnesota statute, 15 99, if no action is taken by the City Administrative Review period of 60 days which be MARCH 17th. This application will also be approved Operation of
Law. And the item is withdrawn. Item 22 is final adoption of ordinance. 25 Dash 5 granting the application of the small so shoots and Winkler family, limited partnership to rezone the properties at 8.41, in 8.57. Grand Avenue from bc Community Business and b to community business to t 3 traditional neighborhood and the many chapter 60 of the legislative code pertaining to the zoning map. And this is an item that actually requires 5 votes to pass. And we only have 4 of us here today. So I'm going to move a one-week layover till MARCH. 12th. Any discussion motion? Seeing none all in favor say Aye. Opposed 4 in favor known opposed. Ordinance is laid over to MARCH. 12th. Item. 23 is a public hearing of ordinance 25 Dash 6 amending chapter. 85 of the Legislative
code regarding water rates and prior to starting public you normally have a staff report on items of the first reading, which was last week in this case. But due to staff constraints. We're having our staff report this week. So well come up and looking forward to hearing. Support on a number of items and products. Great. Thank Council PRESIDENT Make are going to be used to that one excited to be here today. And as you can see, quite a few different chapters laid out in front of you of the Saint Paul Regional Water Services Code. This was a long process to get to this point today. And a ton of work by a team members here sitting in the crowd and really our technical experts who can help support if you have a specific
questions about any any one would just like to share one of the attachments of Florida. We do our best to try and summarize 200 cde changes nicely into one condensed version. Hopefully have that in front of you really just at a high level. They're categorize in just a few ways. One of which is just language cleanup. You would not believe how many men specific terms there were tied to the water industry So that was a big, big section of this was just cleaning up language, trying to make the straight forward. And easy to understand and to interpret from an employee perspective make sure that we were doing things consistently. The other part of it was just a matter of updating the rules to really match what is actually happening now. A ton of
technology advancements in the industry. And so a lot of language updates just better reflect what actually, in fact, was already happening due to a slight technology changes year-over-year. I was really stick to a high level update for all of them. The other big change that I will call out of the fee schedule. So multiple places within the where a specific charged was listed right in the cold for for an item which then as you note due to inflation, Iranians changing needs, you would have to come in change the code every single time. So pulling those items out all into a nice easy understand. Easy to follow fee schedule. That will be part of our annual budget process every year and very transparent with you all in with the Board of Water commissioners. This item has gone before the Board of Water Commissioners. We have their full support and hoping to have yours as well. Today thank you. Great. Thanks so
much for your leadership on this. I think this is one of those sort in the weeds, cleanup of outdated language and creating things like the schedules to make the process of administering these so much easier in the future is something that. I think often left behind and all the day-to-day work and it's a lot of work. But it does ultimately make a difference. It's important just never seems to rise to the top of the priority list. So thank you for taking time to do that. Thanks to your staff as well. Is Yankees too many comments before we hold a public haring and your representatives lover of prisoners and a lot of word things Council PRESIDENT. Well, first, I want to say thank you, general manager of asking for coming out. And during that presentation today, I know you've done it many times. I want make sure the council guide general idea of what was in front of us, what voting on it. And overall, I'm just really grateful for the work that you
and I water staff to every day, not only making sure that we have clean drinking water also hard to remove lead pipes and replace them in our communities here. But you're also doing the really important work of simplifying languages and making sure that we're really modernize here systems to along the way. So I really appreciate I will be supporting all of these items here. Thanks so much. We now public hearing on the many of these items before we started hearing section just for all folks who are here for a public hearing. But these items and subsequent ones, we invite you to come up and testify. We ask you state your name and where you live and to everybody will have a up to 2 minutes to testify. Tere's o'clock right in front of you. 2 minutes does go by quickly.
And it's my job facilitating the meeting to keep people to the 2 minutes. So appreciate your your forbearance with that in advance. And after you're done testifying, please sign in at one of the to sign in sheets and other side and we'll get started. Thank yu to read. During perfect. This is a public hearing. Is there anyone here to testify on? Number? 23? Seeing none. I'll take a motion for Ms Yang too. Those public hearing. And they over for one week all in favor say Aye. Opposed. 4 in favor not oppose. A public hearing is closed in. The ordinance is laid over to MARCH 12 for final adoption item. 24 is a public hearing of ordinance 25 dash, 7 of any chapter 87 of the legislative code pertaining to water service connections. This is a public hearing. Is there anyone here to testify on this
item? Seeing none. We'll take a to close the public hearing the matter over for one week. All in favor say I post 4 in favor, know and oppose. A public hearing is closed in. The ordinance is laid over to MARCH 12 for final option item. 25 is public hearing of ordinance 25 Dash 8, many chapter 88 of legislative code pertaining to water meters. This is a public hearing. Is there anyone here to testify on this item? Seeing none. I'll take a motion from missing to close the public hearing and the matter over for one week all in favor say Aye. Opposed 4 in favor, know and oppose. The public hearing is closed in. The ordinance is laid over to MARCH 12 for final adoption item. 26 is a public hearing of ordinance 25 Dash 9, many chapter 89 of the legislative code pertaining to fire supplies. This is a public hearing. Is there
anyone here to testify on this item? Seeing none. I'll take a motion from tank to close the public hearing the matter over for one week, all in favor say Aye. All opposed 4 in favor, know and oppose. A public hearing is closed ad the ordinance is laid over to MARCH 12 for final adoption item. 27 is a public ordinance. 25 Dash 10 amending Chapter 90 of the Legislative Code Pertaining to fire hydrants. This is a public hearing. Is anyone here to testify on this item? Seing none. I'll take a motion from his yang to close the public hearing the matter over for one week. All in favor say Aye. Aye, all opposed 4 in favor know in a post a public hearing is closed in that ordinances laid over to MARCH 12 for final adoption item. 28 is a public hearing of ordinance. 25 Dash 11 amending Chapter 91 o the legislative code pertaining to water code miscellaneous provisions. This is a public hearing. Is there
anyone here to testify on this item? Seeing none. I'll take a motion from his gang to close the public hearing the matter over for one week, all in favor say Aye. I post in favor know in a post a public hearing is closed in. The ordinance is laid over to MARCH 12 for final adoption. I am 29. This public hearing of ordinance. 25 Dash 12 amending Chapter 92 of the legislative code pertaining to plumbing. This is a public hearing. Is there anyone here to testify on this item? That's not want to say Seeing none. I'll take a motion from the state closed public hearing the matter over for one week. All in favor say Aye. Aye opposed 4 in favor, know and oppose public hearing is closed in. The ordinance is laid over to MARCH 12 for final adoption item. 30 is a public hearing of ordinance. 25 Dash 13, many chapter 93 of the legislative cold pertain
to water service connections. This is a public hearing. Is anyone here to testify on the side? Seeing none. I'll take a motion from his gang to close the public hearing with the matter over for one week, all in favor say Aye. All opposed 4 in favor opposed the public hearing is closed in. The ordinance is laid over to MARCH 12 for final adoption. Item. 31 is public hearing of ordinance. 25 Dash 14 amending Chapter 90 for the Legislative Code Pertaining to interior work. This is a public hearing. Is anyone here to testify on this item? Seeing none. I'll take a motion from his and to close the public hearing the matter over for one week, all in favor say Aye. Aye opposed 4 in favor, know and oppose. A public hearing is closed in. The ordinance is laid over to MARCH 12 for final adoption item. 30 twos. A public hearing of odinance. 25 Dash any chapter 96 of the
legislative code pertaining to connection of air conditioning equipment to city water. This is a public hearing. Is there anyone here to testify on the side? Seeing none. I'll take a motion from his game to close public hearing the matter over for one All in favor say Aye. Aye opposed 4 in favor know in a post public hearing is closed in. The ordinance is laid over to MARCH. 12th and final adoption. Item. 33 is a public hearing of ordinance. 25 Dash 16, any chapter 97 of the legislative code pertaining to well, drillers. This is a public hearing. Is there anyone here to testify on this item? Seeing none. I'll take a motion from his close the public hearing the matter over for one week. All in favor say Aye. Opposed 4 in favor opposed the public hearing is close in. The
ordinance I laid over to MARCH 12 for final adoption. Item. 34 is a pc. 25 dash one considering the appeal by the University of Saint Thomas to decision of the planning Commission to uphold the condition of top 2004 conditional use permit. Regarding drive access from Goodrich Avenue. Welcome, MR. Germany. Tells the PRESIDENT Council members builder, many staff at the Department Planning and Economic Development. And if you will, of the planning Commission decision before yu with a lot of details and I'm not going to attempt to get into all the details but still meant to give a longer presentation unusual because there's a lot going on here to set up their decision eventually on this. So. Overview of the site. Here is Saint Thomas's
campus North campus in the South campus. And near the one at the bottom Brady Education Center is a driveway that we will be talking about today. This particular driveway that goes from Goodrich Avenue factory and Brady Education Center the subject of a condition that was like go approved for conditional use permit on the site. This is a street view of that driveway that leads up to Goodrich. 2004, there was conditional use permit approved that allowed the University of Saint Thomas to expand the campus boundaries and lot of the construction of buildings such the use it's part of the campus. And it was initially approved by Planning Commission. But it took an
unusual process to get to its final destination. That decision by planning officials appealed to the city council. But there's also a lawsuit going on at the same time, which resulted in a negotiated settlement. City Council's resolution that they passed several conditions the conditional use permit that came from that negotiated settlement, including condition number 16, which is up here on the screen. Just put in bigger print here. This is the one we'll be talking about today that says at such time as university remodels replaces the bins, Refectory replaces Chris Hall. The loading drive showing pictures which currently exist between Good Avenue and denser factory shall be removed, such that there shall be no vehicular access Goodrich Avenue the university's buildings on the South Campus. Condition was found to be in violation There was a complaint received in
MAY of last year. That's Saint Thomas was in violation of that condition. The Department of Safety inspections substantiated that and formally notified Saint Thomas of the violation on JULY. 1st. University Saint Thomas acknowledged receipt of that and did appeal the decision and they requested that the process move forward. So the process when a conditional use permits condition is violated is the public? There's a public hearing from the planning commission to decide what to do with the violated condition. There are basically 5 options that the planning commission could have taken. They could have taken out rather extreme option of revoking the conditional use permit and preventing University of Saint Thomas from having any use those expanded parts of their campus. It could have upheld the violated condition, which means it it would just become
enforcement issue of when to get that driveway out there. And that's what the planning commission decided to Get into that later on. They could have deleted the condition completely. They could have modified the condition or they could have imposed additional conditions. The leading the condition and probably modify or imposing condition. Additional conditions would have to be based on finding the condition of the unnecessary, unreasonable or impossible of compliance. That's the key test for it isn't unnecessary, unreasonable or impossible of compliance. So those on the committee held a pair of public hearings on NOVEMBER. 21st and DECEMBER 5th of last year. Recommendation at the time was that condition 16 should be modified to limit the use of the driveway so driver could remain in place,
but it could only be used for emergency access maintenance and deliveries. And that was based on. Our recommendation that it was unnecessary to have a condition in its current state. In oder to meet the conditional use permit findings or for any other reason it was unnecessary. The zoning committee agreed wth the staff recommendation and further revised it both to clarify. A couple of items rigged regarding not only could materials be delivered, but that could be picked up from those 2 buildings. But also that the drive could be maintained for current purposes for up to 2 years during arena construction. So say Thomas made that request or in public hearing and zoning committee added that to the recommendation. In DECEMBER, the planning
Commission did not take zoning committee's recommendation. They went another direction and voted to uphold conditions 16 in its current state. And a week later, the University of Saint Thomas appealed that decision. The full set of findings is online through legistar. You can you can look through those. Full set of findings that the planning Commission made. But really the key one, the key difference between. Their recommendation, what's on the committee and staff and recommended? Is about the comprehensive plan. So the planning commission found that the drive access in question must be removed to comply with the 2040 comprehensive plan policy ld 54. That's as insurance institutional campuses are compatible with the surrounding neighborhoods by doing a few things like managing parking demand and supply maintaining
institutional and housing stock minimizing traffic congestion and providing for safe pedestrian and bicycle access else. The planning commission's finding on that matter. So committee and staff at found that. Comprehensive pay plan policy. Can be met. If conditions 16 were modified to limit its that limit the use of the driveway. So that. Could not be used by the general public. It was noted that the drive access question predated the 2004 conditional use permit. And allowing it to rmain is also consistent with the broad objectives stated in Paul Clu. 54 provided the conditional use permit amended to resolve American ports. So those findings led to different recommendations. On committee recommendation. The Planning Commission decision Planning Commission decided to
uphold conditions 16 and its current state. He's only committee just for reference, had recommended a modified condition, 16 that essentially limited the use of that driveway. That said it could only be used. Materials deliveries to pickups from those 2 buildings been somebody. Maintenance vehicles and emergency vehicles. It MAY not be used for student employee or visitor vehicle traffic and it MAY not be connected to parking spaces access by those users. Except that the driver MAY be maintained for services for an interim period during construction of the multipurpose arena and associated access infrastructure for a period not to exceed 2 years. So the options for the City Council. Would be to deny the appeal
and uphold the Planning Commission decision which would leave condition 16 its current state and require removal of the drive access from Goodrich. The City Council could also grant the appeal and taken other actions regarding conditions. 16 such as modifying the condition can take the zoning committee's previous recommendation to modify the condition. Or you could delete the condition. You were to grant the appeal. This full set of options open to so with that, I'd be glad to take any questions. And Sheriff. Thanks so much, MISTER CHAIRMAN. Was very informative and concise given the extent of the record. Questions, MRS. Thank you, Council PRESIDENT. Thank MR. Me for being here. Thank you for that long history of of this. This item really appreciate it. I
have a question about the so for this item did the District Council in that area send recommendation. Was any correspondence regarding this. Yesterday council present Councilmember Joe's the Land Committee of the District Council. Recommended. Approval. Of. with this. They recommended modifying the condition. That so that the driveway did not require question could could you go to? That's the where about the conditional use permit in the history and the different steps that through. Question about that. Yes, so so I understand that there. This is condition 16 of the conditional use permit has other conditions in it. So we're all 16 of those conditions approved initially approved by the Planning Commission for what is could you talk a little bit more about the process this month?
Rental to share. The planning Commission approved. The conditional use permit subject to some conditions ad then some more are added by City council, including this one. And so we have a because of the unique process set. There was here where it went through a lawsuit. We don't have everything on the record as far as discussions. They weren't in a public forum. So we don't know a lot on the record about why condition 16 was put into place because it wasn't discussion that happened at City Council is one that happened through the lawsuit. Thank Think. That's all the questions that I have. Thank you, councilmember, just for those questions. I think it kind lines, also some of my questions. MR. Germany, to share a
little bit about. I know you said you'd there's limited amount of information on the record. I'm just wondering when this came for council discussion like I'm thinking about 2004 and this is bring being brought up. Just do we do at least not condition. 16 was actually one of the legal negotiation points or was this a council at on without? Council member council PRESIDENT Councilmember Johnson. This was. A condition that came through the negotiated settlement. So it negotiated outside of city council and brought to them in this form. Okay. Thank you. Other questions before we go to public health. Doesn't look like it. Thanks so much, MR. Carney, don't go away. Might look We'll start by letting the appellants have 5 minutes to testify and then we'll go to public hearing where special of 2 minutes. So the appellant in combat. Good afternoon. My name is
Tamara Team. I am a shareholder at winter been Weinstein and I'm here today on behalf of the University of Saint Thomas. As you are aware and based on the staff presentation that you had just a moment ago, te city zoning code authorizes the city council to reverse the decision of the planning commission when there is been an error, in fact, procedure finding and in doing so you can either uphold the decision of the planning Commission or you can reverse it. In DECEMBER, the planning commission voted to reject the recommendation of the McAllister Groveland Community Council, Housing and Land Use Committee reject the recommendation of the Planning Commission's own zoning committee reject the recommendation of city staff. Instead, the planning commission voted to require the removal of the Goodridge Avenue Drive a driveway, which
allows for limited deliveries to provide essential access to Saint Thomas. The South campus and also for really important critical emergency vehicle access in making this decision. The planning Commission erred in 2 ways. First, the written findings are not supported by the record. And second, the decision failed to consider the overwhelming evidence related to health and safety. And those are the 2 items we want to talk to you about today. Because of these areas. We respectfully request that the City Council exercise its authority to grant our appeal, reversed the decision of the planning Commission adopt the recommendation of the Zoning Committee which allowed for the preservation of the Goodrich Avenue access with additional restrictions and conditions that were proposed
by city staff. So the first air that I want to talk about is that the finding of facts are not supported by the record. It's undisputed that the city code provides a mechanism for us up conditions to be reviewed. Well, up is run with the land and last in perpetuity, cities retain the ability to control zoning within their own boundaries. And this means that cities have the right and arguably even the obligation to monitor sea up conditions and ensure that they remain relevant to current conditions. The Saint Paul zoning code like many other cities recognizes tis authority by allowing the city to modify or delete conditions to us up when there's been a violation. As staff pointed out, this standard for review. And what you need to consider is whether these conditions are unnecessary, unreasonable
or impossible of compliance. Despite the extensive written and oral testimony, including information from the city zoning staff safety engineers and others. The Planning Commission adopted a resolution that erroneous Lee concluded that this up condition is necessary. If you look at the Planning Commission resolution, you'll see that the soul finding that purports to support the retention of this requirement is finding number 5, finding number 5 land use policy from the city's comprehensive You 54. That requires institutional campuses to be compatible with surrounding neighborhoods. The finding in the Planning Cmmission resolution says the driver must be removed in order fly
with land use policy. 54. But this is in direct contradiction to what staff analyzed and putting their staff report. Staff completed actually a pretty extensive analysis and came up with the number of findings that you have before you today and found that removal of the drive in order to comply with conditions. 16 is not necessary. They reviewed the objectives of the city's comprehensive plan. The potential interference with traffic congestion, ingress and egress. They looked at the character of the neighborhood. They look to public welfare and they concluded that it would not impede the normal the uses that allowed in the district. So staff look specifically at lnd, use number of 54 and found that it was not necessary to require the removal of the driveway. The second air is that the
planning Commission failed to consider the reasonableness of the condition and ignored all of the information in the record related to the necessity for emergency access on this drive through the public hearing Thomas provided evidence that the use of the driver deliveries has significantly decreased in the last 20 years. That in and of itself is probably enough to say that the condition is allowing the drive to remain would be reasonable, but even more importantly, there was a lot of evidence about the essential emergency access point that this drive provides to the buildings on debts. The evidence includes detailed engineering analysys regarding alternate access points, pedestrian safety, the ability of fire engines to maneuver or not maneuver depending on what happens to this drive and be
able to provide immediate and important access to students who MAY be on South campus either in an educational building or in Greece Hall, PRESIDENT Following the Planning Commission decision at the end of last year. I should point out that the Planning Commission hearing itself, which was at or decision, which was not a public hearing, there was no discussion of safety at all. There was discussion about the history of this up and how we got to this point. But the planning commissioners, well, they had the information, the record. There was no discussion during that meeting about safety or how safety would be addressed if the strike was removed. After the meeting. Saint Thomas's continue to meet with city staff and talk about alternate access points that MAY b available and importantly, the city's own fire potection engineer recently confirmed
that her preference would be to keep the existing Goodrich Avenue access Open. She are times need wrap up the previous concerns. So as a result of these 2 errors that the findings aren't supported by the record and that the planning Commission failed to consider the important safety information. We respectfully request that you find the planning Commission erred the reverse. The decision requiring removal of Goodrich Avenue and istead implement the Zoning committee's recommendation which was discussed and determined by staff. Thank you. Present. we'll now go to the rest public hearing again, folks are welcome to come on up. If you're planning to testify, be helpful if you just line up so we can tell him that many people are planning to testify. And again, coming up, stand between the microphones,
start with your name and where you're from. You have 2 minutes. You don't need to adjust the microphones at all. They will pick you up just fine. And then make sure you sign when you're done. Coming up. Good afternoon, And or should. And MADAM Chair, I please have 5 minutes to respond specifically to the universe state because I am the author of the paragraph that you are considering today wrote this in 2004, he MAY not, but you're welcome to submit testimony and writing. We have a rule of 5 minutes for the appellant minutes for everyone else. Yes, I have submitted a written materials and I'm hoping you've also read the written materials that submitted by former city Council members, Jay Pena not and Jane Prince, who are
strongly urged to support the original settlement that required that paragraph 16 be enforced. I would note that the Planning Commission voted the vote was 10 to 3 to keep the condition place. There was a question accounts, recruitment Community Council. The item was not on the agenda. It was only brought up in the last 10 minutes of the meeting and no one who was in favor of the enforcement even knew it was going to be considered there. So I ask that you give no weight to the McAllister Groveland. I think their vote 3, 1, or something like That's pretty much there. This paragraph was written in 2004. I wrote it in consultation with done Hennis from the University, the university agreed to this. This was a condition that was
drafted in MAY of 2004 copy was provided to j Benn and I've in JUNE of 2004, it was discussed. It was negotiated. Everybody knew it was there. The issue here is the university has continued to grow. In fact, they submitted to you just a recently listing of a million and a half square feet of additional buildings that they've done. And it's a basic idea. Here Goodrich Avenue with residential street. It's got houses all along the South side. It ought not to be a truck access to the campus. The Goodrich driveway has never provided access for emergency or otherwise to the dormitory to Grace Hall. And it was always understood from the beginning that at such time as the university went forward with its South campus Reconstruction and redesign that there would be a new driveway constructed the
University of spending over 200 million dollars to build a new sports arena. And for the university to claim poverty and putting in a new driveway just does not square with the facts for what the priorities. This was That deal was done and I'm asking the council to support this decision that was made, then. And as you agree with Councilmembers, better, not and Prince, who strongly urge you to support. Thank you, Appreciate it. My name is Meg wrote, I love the 21. 98 Goodrich show just a few doors east of the driveway. MR. Mantashe. I talked about COUNCILMAN Council members, Bannon up in price and I actually have honor they've asked to have a couple of excerpts from the letter that
they submitted to you Reade today. So that's what I'm going to do. Te extraordinary events that led to the unanimous agreement and release of all claims by the university, the Macro Community Council, circa. The Marion Park now Union Park Community Council and Neighbors United set into motion unprecedented partnership between the university and its neighbors. This conditional use permit pave the way for over 20 years for the extensive development of the university campus based on a shared commitment to the letter and lot of the agreement. And as you know, if you've read the letter goes into the 5 years of painful negotiations. But at last, the university and the 4 neighborhood groups I just mentioned and the city came to an agreement 8/3/2004, we met
with Doug from Sint Thomas and finalize the language in terms of the deal on 8/11/2004 in council files 0, 4, 7, 9, 2, after receiving an okay from the city attorney, the council unanimously approved the university's new 18 page. Conditional use permit and each of the parties, including the city, executed a separate release of all claims which found all of the signers to the terms and conditions of the compromise, which stated this release contains the entire agreement between the parties here, too. And the terms of this release are contractual and not near Recital. Thanks very much. Thank you very much. Don't forget to sign Coming up, welcome. Gayle Brightman Night Live that 1, 5, one woodland, very close to the drive that's
being discussed. The talk has been much about to emergency vehicles. And I'd like to say that the bins driveway is a u shaped drive that really leads nowhere except to the bins refectory. And with the construction of the new sports arena, there has been a drive that leads from create an into the area of the stadium that would serve as access for emergency vehicles. It would be closer to all of the buildings. It would be closer to the students. And as a physician's assistant, retired from cardiac surgery for over 30 years. I would say closer drive for emergencies. Would be better than a further drive. That leads
nowhere. Thank you very much. Thank you very much. Don't forget to sign in. And coming up, sir. My name is drawn the rooms and one 51 Woodlawn Avenue. I'd like to safety issue. There are issues of safety than just a individuals who populate the South campus. There's a whole neighborhood people, many of whom are elderly. Who need emergency vehicle access. Sports arena can generate. 28 1853 So if 2500 vehicles or so verge on a residential neighborhood. The bins driveway is one of the closest access ports and will be used as a drop-off point for access to the arena. We already see this with the soccer game with 20 as a few
100. closest places are used and the cars parked on the streets. The previous says idea that this won't be used as a drop-off point is just not enforceable. Cars will drive the people off the Jason streets are only 30 to 3 feet wide. 2 cited parking into a traffic clogs the streets. The main outlet is create an avenue Avenue in the a w. identified having level of service. Half. That means the capacity of the street is clogged. I calculated using published model of how long it take to relieve the congestion? It I-41 minutes the a w level of service would be Clyde for 30 minutes. I talked to the frefighters at station 14. They said this is
a safety problem. Sirens blinking lights can't move cars that can't move. So I think that this is an important safety issue. Keeping the open encourage drop-off of 3 to 10 days. It will compromise the safety of the residents of the adjacent streets. And I try to make this point several times in written and oral testimony. And I simply cannot understand - how this is not viewed as a safety issue. If you disagree kindly, explain to me what's with my reasoning. Thank you, Sir. Thank Appreciate it. Don't forget to sign and welcome up. Hello, my name is Tom Darling. I'm the PRESIDENT Of the Summit Avenue Residential
Preservation Association are Ansar purges. You all. To deny Saint Thomas us appeal here. And we did a written submission and set some basic reasons for that. But as you're aware on DECEMBER zoning committee. Had the public hearing and at that hearing. And they do it today to Saint Thomas argued that the settlement agreement. Was separate different to be severed from the conditional use permit. At the settlement agreement as merely a private settlement agreement. And as such it couldn't stand in the way of modifying the conditional use permit. At the end of that hearing at the zoning committee that the chair. Yes, Wasn't the settlement agreement signed by city. And weren't sued workday. Defendants in the lawsuit Sharper was a plaintiff in the lawsuit. And
the answer was would yes, they did, is being said. It just so happened that that conditions. In the conditional use permit near the items in the settlement agreement. It didn't just so happen if there's one thing that's clear from every submission, it's that the settlement agreement and the Cup are one. There are 2 pieces of paper, but they cup is the result of that settlement agreement and the city. Should not Retreat from that and modified the cup. So I disagree with the fundamental premise that this cup can be treated as just a normal zoning issue. Okay. Just want to make sure urge you to deny this appeal. Thank
Thank you. Don't forget to sign - And yes, just just said this at the beginning. But we do have all of the written record in front of us our screens and all of us and have access to that be reading that carefully. So just know that anything else that you've submitted as well. This is not the only way to give input. Welcome that. Breaking Spurs the committee members. Thank you for date on my name is bea to our I am a junior at the University Saint Thomas and they cut interest I'm here looking for the critical importance of these right way, both for the safety of students in the petition patients let me take place. If the driver closes. Lost last 2 in OCTOBER when a I want is visual and the wind, the fire which required on students to leave the building in the middle of the night. And the driveway was the quickest and easiest way that the firefighters able to
look at building, the the air flow distinctions and everything do. Everything went well. These cases that should be taken into serious consideration full pro. Plus, if mission is in case which things happen in the future this decision is going cure We thought the driveway, emergency responders will close to the double difficulties locating that individual. Responding promptly. Should the drive will be closed? The university would need to create an alternative emergency access route. To get into the Insecurity for the students. However. This accounting area does not going to lend itself. Just let you change because of its in previous The area also
on things, green space, which contributes to the areas by with Avis City, which is very beneficial for the university because we're committed to a mental stability in. I believe MAY be beneficial to the community is. I should also note. The driveway. Is not the exam needed as a parking spot for any student, any focal to city. But he does play a key importance role in agency. Axis. The community, the committee's understanding during this transitional face. And as I pulled the university's I to change and will defy conditional use permit 2, I would begin with. I think the driver just to be in place. Thank Thank you very much. got to sign in and we'll come up. Hello, PRESIDENT And members of the Council. My name is Rse has some. I'm currently a sophomore at the
University of Saint Thomas and and set to be in and Grace Hall next year. So I live there right now. And I will live there next year as well. And I would like to tell you a story that is anecdotal to me. But that likely applies to many other students who are residents of Grace Hall and who use the bins or factory and the Brady educations. So I sit on campus over last summer and I broke my foot in AUGUST. I lived on North campus over the summer and I had to move to Grace Hall on South campus in the end of AUGUST. So my foot was freshly broken at this time. Unfortunately, and I by myself with my friends, had to move all my stuff down the South campus. Now because of the driveway on Goodrich Avenue. I was able to have my friend drive me out. Pull up. Walk 50 feet to Grace Hall and drop off my belongings. I had to do this
multiple times. But it was much more efficient and was much more accessible to me. Then walking all the way around South campus and dragging all my belongings through there. Now, I imagine that this is a concern that affects a variety of students who face similar accessibility concerns and this could affect students in the future as I'm sure it has affected students in te past. Now, tis is not only apply to students who are moving in. This could apply to students who maybe can't walk all the way from place to get to grace from South campus. It might be more accessible for them to be picked up and driven through and dropped off at Grace and because of this, I urge you to listen to the University of Saint Thomas is
appealing this decision. It is accessibility concern for students if they cannot use this driveway to get to Grace Hall as easily as possible. Additionally, this past SEPTEMBER, a student did have a medical emergency in Greece Hull and an ambulance did have to pull up in this driveway again, if this driveway had not been available for students use and for emergency vehicles whose the student would either had to move or be transported all the way around South campus to get to a different avenue. But because of this driveway, the student was able to be given care as quickly and as easily as possible. Again, I urge you to listen to our appeal and to insure accessibility on South campus for a graceful residents as well as users of the bins or factory and the Brady Education Center with the strike. But thank you. Thank you very much. Got to sign it. And coming
up, welcome. Council, PRESIDENT Actor and city Council members. My name is Khan and plaster and I live at 2038, Summit Avenue. I ask you to overturn the Planning Commission's decision and allow same time is to amend the conditional use permit to maintain emergency access on the South campus from good. That happened. A lot has happened in 20 years since the 2004 cup was created. I'm proud of how the district councils have worked closely with Saint Thomas and concerns in the neighborhood. We should be willing to look at what is needed today, not what was to 20 years ago. The same time as conditional use permit has not had a meaningful assessment in over 20 years and it's time for the community. The city and Saint Thomas to visit the
Cup to allow same time the flexibility to develop on their own property. I just want to think that is because one. And the second I heard them talking about their conditional use permit how it's possible for many colleges. The good access provides critical emergency. I think that's been proven as a member of House. Rowland Community Council for over 12 years and 2 terms as the representative of the West Summit Neighborhood Advisory Committee. I've seen same time says commitment to neighbors and effort efforts to. Bring a balanced approach to get their development. Please support the University of Saint Thomas is appeal to the city Council. To modify the conditional use permit and allow the Drudge Access remain in place in for
critical. Limit and limited different development air deliveries on facilities. Thank you. Thank you very Thank you. For all year. Thank don't forget to sign it come up. Good My name I Jim Brumm or a serve as a vice PRESIDENT For facilities management at the University Saint Thomas. They've been employed by same time since 2008. It was previously mentioned amount of development that we've had on our cmpus since 2004 see up was implemented. The university is constructed 11 buildings on campus. I've been personally involved those buildings and I can say with confidence that at no time if we are sought out a conditional use permit modification, a variance as related to project. Say that as evidence of proof that we take this up very seriously.
And we've been very conscious. Campus development hearing strictly to this up. I'm also personally aware of the challenges that our ship Saint Thomas would have related Goodrich Avenue Access closure, specifically with safety. I've studied options for providing alternate access from the North. 2 bins, Grayson, Brady Hall. Discuss them with and Blazer, fire protection engineer and fire safety supervisor. If the city of Saint Paul. Blazer agreed that the Goodrich Drive is the preferred route for emergency access. Over the alternate routes that reviewed. In as part of the record previously submitted. Other reasons why this isn't practical. Request close the gator. Trapper access. From my perspective, my focus needs to be on the safety of our students and campus community. Thank Thank you.
an unwelcome Good afternoon. My name is Daniel Kennedy and 2, 2, 5, 9, some of afternoon. There is extensive information in the record about the committee discussions about the 16 points in the see up as it was passed in 2004. They were all approved together. They are on the go. Together. This was not as you've heard settlement of a lawsuit, which is quite unusual for up. If this driveway is unnecessary today, it was unnecessary 2 years ago. Nothing really has changed. The layout of the buildings, the same. The only thing that is changing is that Saint Thomas is now investing quite a bit of money in this particular location. It is incumbent upon Saint Thomas to satisfy its needs in a way that complies with its lgal obligations. It had many years
of planning to get ready for this. They have lots of land where they can put driveways and they could design anything that they wanted. But they have committed. Stop this axis from Goodrich Avenue. They should be held to that application. The information that you heard about Grace Hall. Was true when it happened. But at the tme that it happened, these moves in these emergency things. There was construction all because the because of the arena. So this driveway was the only access. But after the arena is built, there will be access to both front and back of baseball and the side of base. For immediate emergency vehicles. So those. Concerns are no longer valid. It's true only because of the construction. What is true is that Saint Thomas? Has made this proposal MR. Germany gave a description of the staff
recommendation. But remember only 3 people have ever voted for that. Only 3 planning commissioners of 21. 2 of them constitute a majority at the zoning committee only because there was a shortage in 2 people that stand. At the planning Commission. Only 3 people voted in favor of it. Everybody else voted. There is going to extension. You are attempts ok. Thank you very much. Thank you very much for testimony. Don't forget to send any last call for any other testifiers. And this met. Coming up 2 minutes. Just make sure to stand between them makes you don't need to adjust them servicing your name and where you're from. Thank you. And Terry Brick and I live in Saint Paul on Summit Avenue right across from the seminary. So I've seen Saint Thomas do a lot of construction over the years. I've been there for over 20
years. And I remember back when they put sidewalks across the median without the proper permits from the city and then they have to come along later and ripping back out again. So Saint Thomas is always trying to do things where they put something in and take advantage of it later. And this is another one example of that because Ibelieve I the driveway remains that will become a major thoroughfare to the new arena, which it's in its final stages. Now. And even if you say it's only going to be used for emergencies or whatever that won't happen, it'll be open and it'll become a major drop-off point and a major access point over to Goodrich Avenue. And I've seen, you know, since I've lived there for over 20 years, all of the construction of the whole, you know, South blocked there. And it's just the neighborhood is
inundated. I can tell you that the ball field, the football field, which in the fall on the has, you know, football games weekends. Fills up the neighborhood with cars and that's 5,000 seats in that. Football field. Just like the 5,000 seats in the arena. S we're going to be dealing with cars all over the neighborhood. And given the conditions in the wintertime like experiencing today, it's going to be a major traffic snarled. So we need to her. Hopefully you can do whatever is possible. To keep the to be able to live there and be able to park there and not have people. Filling up the streets creating traffic hazards in the fall. When I'm a cyclist who saw the bike lanes get totally obliterated with the all the cars in the fall. That probably won't happen in the wintertime, but that I'm sure that we plenty of you know,
traffic issues. Thank you, sir. Additional. You know, activities there. So thank you for hearing me. Thank you very much. And don't forget to sign in. Any final comments before we close the public. Ok, before we close the I actually do have a question for the appellants or if anyone can come back up from the pounds. I'm just curious, there was a lot of conversation about public safety, emergency access and curious at the time in 2004 when the settlement was agreed to and if modeling occurred at the ends, the the agreement was to close the driveway. What was the thinking at that time about what would happen with emergency access? MADAM PRESIDENT, I will tell you that from Saint Thomas's perspective at the time that there was discussion around potential closure of the Goodrich Avenue Drive? It was because in 2004 Saint Thomas's vision for south
Candace Campos included residential village. And the idea was that this would become a much more intense residential use. And so in creating that residential use would be reconfiguring all of the access stripes that are there as you likely read in the record, the trigger for the removal of the access is the phrase remodel and over the past couple of years, Saint Thomas has requested permits to do some minor interior remodeling, including conversion of some office space in bathrooms. It was not from Saint Thomas. His perspective, the level of remodeled that was intended in 2004 to trigger the removal of the Goodrich Avenue Drive. That was more of a complete overhaul of of the South campus. Yet what we disagreed with the the interpretation
that this remodel trigger, the condition. We also recognize that the city has every authority to review interpret its conditions. And so we move forward with this process instead. Thank you. So the condition was agreed to and the thinking was that when that other construction of the residential village occurred. Different emergency access routes would be that Refectory and Grace Hall would no longer be there until that access would not serve the loading docks that are currently used in the bins that because if the bins went away than those loading docks when away and then that drive would not be needed to access that ok, thank Martin. Thank you. This questions time for the point since you're here. Just from my
awareness to Has ever been a request of the city, too. To discuss the conditional use permit like I know the different conditions, especially in what I'm hearing from you is that at some point and time original vision MAY have changed was ever. Attempt from the University Saint Thomas. U.S. Perspective, too. Notify the city are top of the city about those changes for that vision change that you're mentioning. would say we have not made a formal application for an amendment to this up. But I think certainly through this discussion and through other discussions, we recognize that as I said earlier, conditional use permit, you know, stands runs with the property, but it's unrealistic to think that you can impose a set of
conditions and that they should last in perpetuity. And so there there definitely is willingness, I think on the part of Saint Thomas discuss those conditions. As I said previously, we've been very intentional and making sure that we design or new buildings to meet the conditional use permit. So that has been part of really the operations that we've had decided to do in planning the construction activities on campuses, compliance 9 seeking medication, a variance. Too many folks that's just under. No. Thank you. Thank you for that. Appreciate it. Questions no service Army post and I'm sorry, sir. No, no. Thank you. All right. If there's no other questions that gonna take a motion from just to close public hearing on favor
say aye. I opposed 4 in favor know in a post public hearing is closed and it's just. Thank you council PRESIDENT Maker, I also just want to thank everyone for coming in on this very snowy day to prticipate in the public hearing on this item. We greatly appreciate your participation. So thank you for being here. With that, I would like to make a motion to leave the over to next week. If so, the motion is for a one-week layover. Yes, include, there any discussion of that motion? Seeing none all in favor say aye. Opposed. 4 in favor nor opposed item is slate over to MARCH. 12th. Item. 35 this resolution public hearing. 25 Dash 30 amending the 2025 Saint Paul Regional Water Services Budget resulting in an increase in spending and financing of 12 million dollars for additional funds for the McCarran to Water Treatment Plant project. This is a public hearing. Is anyone here
to speak on this item? Seeing none. I'll take a motion from a tank to close public hearing and approve all in favor say Aye. All posts 4 in favor. No one opposed to public hearing is closed in the resolution is adopted. 36 is resolution public hearing. 25 dash 33 amending the financing and spending plans Department of Parks and Recreation and then monitor 63 $639,275 to reflect additional 2025? Funding expected from Comeau friends. This is a public hearing. Is anyone here to speak on this item? Seeing no take a motion is just too close. Public hearing and approve all in favor. Say that. All opposed 4 in favor, know and oppose. The public hearing is closed and the resolution is adopted item. 37 is resolution public hearing. 25 dash 35 accepting grant funds authorizing execution of a Grand Amendment and amending the operating budget. With respect to the city sponsorship of a
Metropolitan Council, Livable Communities demonstration account Grant for Glory. Bill located at 15, 70 White Bear Avenue North. This is a public hearing. Is there anyone here to speak on this item? Seeing none. Take a motion from his yang to close the public hearing and approve all in favor. Say Aye. Aye. I post 4 in favor know in a post a public hearing is closed in the resolution is adopted item. 38 is resolution public hearing. 25 dash 36 in Office of Neighborhood Safety to accept a Minnesota Department of Human Services. Grant to support operating cost of shelter space for integrated care. 2 familiar faces clients experiencing homelessness and to amend the budget of the Office of Neighborhood Safety this is a public hearing. Anyone here to speak on this item? Seeing none. I'll take a motion from Wisconsin to close the public hearing and approve all in favor say Aye. Aye. All opposed 4 in favor, know and
oppose. A public hearing is closed and the resolution is adopted legislative hearing consent agenda items. 39 through for 88 every for you for your consideration. Welcome this moment. Thank you. Comes PRESIDENT, I'm not aware of any one here to testify in the legislative period. we hear 10 by on any of our legislative hearing agenda items. They held a public hearing Take a motion from is just too. Close. The public hearing and approve all of the All they were say aye. Aye opposed. 5 in favor nor opposed to public hearings are closed in the consent agenda adopted as amended. Thanks to farm. And that brings us to good news from the are news from the words doesn't have to
a grade. So I have a couple news items for the ward. First, I just want the first item for me. It's going to be we are bringing back for community members and our viewers watching at home. We are bringing back beginner faith in the ward. 2, Pascoe Vale on to talk about 4.70, point there Avenue on MARCH. 11th. It will be in our discussion in the community. 67 over at Pascal's to just revisit that space and to honor begins commitment to having a community engagement effort and the word for within 90 days. So that's coming back for folks that are looking to. We engage with the project, but also for neighbor center in that community as well. And then also something that can be foreshadowed. We did get notice that the gold line will be officially opening this month as well. And for folks
that are looking to participate, be on the lookout for MARCH 22nd. If you aren't suspect her newsletter, please do so because we just sent up information there. And so did our district councils on the site. Awesome. Thanks start other news for I'll make one announcement from Ward So stepping out of my lane a little bit. But think it's important to note we have our climate farm is tomorrow night from 5.30, to 7.30, at Wilder Foundation. All are welcome some of us are planning to attend. For something else compass that brings us to the end of our agenda. We're adjourned.