The council to order Roll call, please. Toast. Council. PRESIDENT Maker here. PRESIDENT To absent being councilmembers, jolly and shows. So Ali is excuse and expect to shortly. Welcome everyone to our council meeting. Excited to see so many people here today. Everyone is invited to join us in the Pledge of Allegiance led mayor honor, indivisible, with liberty and justice for all. Consent agenda items for through 15 or before you for your consideration. There anything to be taken for separate consideration? Some people take item 15 for separate consideration. I'll take a motion from his name for the balance of the consent agenda on favor, say Aye. Aye. All opposed. Fighting for 6, a favorite. No one opposed the consent agenda is adopted as
amended. Item. 15 is resolution. 25 dash 309 authorizing the city to enter into an execute a cropper to funding agreement for a street in Lavender Avenue. Gateway Alliance consulting services with the city of Roseville and city of Maplewood in accordance with the race. Vision plan that's present. Can awesome. Thank you. This has been a really wonderful multi city prtnership up at the corner of racing like underwear. Community advocates likely Todd LaToya with Tanya sorry, our her daughter passed away in a parking lot and just strong advocacy for redevelopment to create public safety and vitality in this corner. You know, the slogan you know, 3 cities, one neighborhood, and it's kind of an area where every city's
kind of looking inward itself. And we asked each other to to face each other and really started dressing kind of that corner. That little corner of Saint Paul, Roseville and Maplewood together. This was just a huge undertaking, the former la in this hour, 5 office, Kim o'Brien, worse of the chamber. She was the first executive director or 90 seconds after the leader of coalition. And it is improved beyond measure. And so it's just to name just the incredible investment leadership from our community members that he's made the parking lot c for the neighborhood safer and really hopefully a little economic engine hub for all of our cities spent. There's just a really beautiful impact that is representative of all the
different cultures in the neighborhood. If you were to tell me that some of the most problem properties in Ward 5 are to be now Nepali grocery stores. I would not have believed you few years ago, but some of the most problem properties we've had is now taken over by the polygraph. She stories. And so there's just a really vibrant and active participation kind of in that corner. And I would be remiss not to name research center will continue to have opportunities through our commercial corridors that we have launched through tremendous leadership of our chair Johnson for the injury and her and former chair maker. So just more, it's just a name that other organizations and businesses have the same opportunity just like we've had every under to do the same thing to turn into
each other, to look at the community investment that's needed and to to partner Cross even cities. So you know, without move more all. Thanks so much. Vice PRESIDENT, any further conversation as Thank chair and you also councilmember our PRESIDENT Maker. council member and I just want to say, really appreciate you uplifting the black family that a black she was near and dear to me also. Allow those businesses around there. And we saw in the response wrapped around in look at ways for that area to be safer and community or intent. You know, I just had honor and a pleasure. It is the point with the family with scholarships. And so I'm happy to see this agreement comes before us and hear about that where you can hear how you've
been carrying that work for it and how the council also can be in support of it. So thank you. Any further discussion. Seeing? No, we've got a motion from ms Camper. People all in favor say Aye. Aye opposed favorite. No one opposed. The resolution is adopted. Item 16 is resolution. 25 dash 2.80, honoring and recognizing Frank wait for outstanding contributions to the history culture and legacy of African-Americans in Saint Paul. That's really. Thank you. So I'm going to actually take some time to walk over there to the dice. But wow, I'm heading there. Anyone who's here in honor of MISTER Frank White. If you cannot stand up and join us as well. And we have
the Department of Parks and Rec 2. And if you're interested, you can join us at the podium. Coming up. Welcome. And this is going to be my first time ever trying the document camera. So I'm just gonna weighs in. At ok? that the voice activity ways activated he ok, great takes multiple voices say So again, I first I just thank my colleagues for just really embracing the spirit of these chambers as the people Sabres and using this during Black History Month. To celebrate leaders in our wars and across the city that shaping our communities and really upholding our values.
Also want to say thank you for everyone who came out here in support of MR. Frank Light and celebrating Black History Month. We definitely are living in times where more than ever we have to recognize all of our coaches and our heritage and those who contribute to ensure that everyone's represent it. Today. My office is honored to sponsor this resolution to recognize MR. Frank White, who is known to many of us in Rondo and and probably still as well as coach. We called coach and MR. Way is more than his story. And he is a keeper of our stories in guardian of our legacy. And he is a very, very, very consistent constituent.
He proactive. I guess the. The first my first year he marched into my office and showed me all the books that he has ridden in the history that he has preserved. So I just thought it was just really natural and organic for this year to highlight his contributions to say Paw. Hear what a load it on this document a list of African-Americans. That's been celebrated through the city of say Paw and it's he created this naming resource. And I'm gonna flip. Right here is a city in parks that have buildings named after African Americans. And on this page, its schools 50 our schools. Okay. Actually, Do another way. This is the schools and districts
in the naming of streets. This is the parks and facilities. And then we have street names where a majority of the streets actually are in Ward one and we have streets that's named after Mrvin Anderson. We recommend Doctor James w Battle Avenue. Reverend. Watch or l Battle Street. Reverend misses the Daniels Junior Drive MISTER And Missus Tiger Jack Street. Katie McGlockton late great Katie mug. What avenue? And we also have here in with street recognitions Reverend Doctor l f Miller Drive last week counselor Johnson did resolution honor of his son. Evan Miller and then we have double Montgomery
former council member. She has a street named after years. Well, Floyd g smaller Jeter Avenue. And then doctor ap Williams Avenue. I believe all of the streets are in Ward. One in the funny thing. As soon as I came into you know, people start asking for street names and supposedly former council member and Mayor Carter. Was in office, they put a moratorium because of so many requests for street mean changes. So seems like we're really the honor the recognition. without further ado, I want to just like pasta might MR. Frank White. just leave with these last words of just thank you for really revitalizing our
communities and preserving our landmarks in legacies of Raw. You have fought to ensure that future generations? Know who paved the way for them and your work with the Minnesota Twins, your writings, your advocacy for historical preservation has kept many of our stories to life. I often think about the African proverb. When elder dies a library, various the ground. But because in spite of your work, Mr, Way on your dedication to te stories of Rondo and our leaders and our history are protected generations to come. And so today we do more than honor you we want to you also on the behalf of the Department of Parks and Rec. Thank you so
much for your contributions. So will hear from you and hand the mike over to director in the record is to share some words as well. Council member Louis and and chair PRESIDENT And council members my friends that are here with me and my my history friends. First of I hope that the library doesn't burn down anytime soon. but a a so. And live in Woodbury really That's my address. My street address. Bt I want everybody here to know that my heart, my address in my heart, there's Rondo and Saint Paul. It always has been and it always will be. This particular really, really happened because one day I was doing some research and I so Roy
Wilkins Park and I was that when did that happen? So called? And went to this happening couple years ago when he told me why so the park is in the place. So the school elementary school that Roy Wilkens went to. So I was wow. So it just made me think every time I write, drive on. So be icy friend Boyd Park. And so many people. Saints so it just made me think that same Paul, he's done such a great job of naming parks. Schools. An honorary streets after African-Americans. This needs to be recognize. We need to let people know in general because I don't think we do. This piece was done. As Ed talked to. Andy also talked to councilmember you self and I came down and before we we actually worked with
Councilmember when when Rondo was named, then Councilmember Boy. Make sure that continue to happen. So I'm just truly honored to be This piece was really done to celebrate Saint Paul, not front. Not this leverage but but rally celebrate Saint Paul by MAY be distributing this piece. We'll go educate other people to know how mch simple as in terms of naming. Places and spaces and streets after African-Americans. So I think the council for for doing is councilmember doing whatever thank you so much. And to all my friends, all of this history. We're in conversations all the time. I want you to tell if there was
like a team that was together on history. These individuals that are huge today with all a part of that team into history all the way to the Saints as we continue to work the connection of baseball and African-Americans that that actually play baseball here in Saint Paul. Also. Thank you very much. Appreciated. Called a council PRESIDENT Council members. Thank you for having me here today. And you Rodriguez, Park director. Just want say, Frank White is invaluable to our departments, not only for the history that he provides us to our our young people in families and community overall. But for what he's done for eu sports within the city for what he's done for sports officials within the city. I think the first time that for Frank was on a basketball court, seeing him officiate and teaching
other folks the game of basketball. So he is a valuable resource not only to me but to young people and employees across our Thank you so much for the opportunity to recognize. And today here at the meeting look forward further partnership with Frank on the initiatives like this, which are super exciting. Thank And so you have Also what's across your desk at the table right now is a resource that MR. Frank Whitehead had actually created and provided to the parks in the library's is also posted online and it's posted on the social media website so people can feel free to use it their newsletter. Also their website so again, thank you. I'm going to go up here to vote on this. So it is and I beef to right there. She was just assist If
you want to stay here, you can. But we can take a picture outside army to briefly Thank you so for your leadership in bringing this forward. Thank you all so very much. It's an honor to have you here, MISTER Way. We're also grateful for your contributions. And I'm I'm really. So appreciative of the work you've done to make sure that that library lives along and they would worry about that for a very long time. But this is an invaluable Thank you. think you. Thank with that, let's look. There's a motion for approval from Israeli. But is there any discussion? Thank you. Thank you so Councilmember belief or bringing bth this resolution for it, but also tends to write for your but shun at the compassion that you speak with me to talk about. Don't we
talk about our city? It's really cool. I know for me, I'll say I hold on quite clearly to doctor Miller Drive because it's, you know, and we'll get some more But it was a blocks from my house. But I think some of the pieces that you've really been able to capture with your library has been the stories that exist. Well, be on just but speaking more about that I think words could ever and I think just the coalition that you continue to build not only for our community and our city, but for your story. Your legacy you over time has been really cool and motivating and inspiring too. I think for myself to what I didn't grow up and communities that I could see someone who has a teller who looks like me who has their story and has their
energy. And I just want to say thank you for your work and also just sharing Mike, that I look forward to being able to be a partner continuing to have the work that took so to build and the pride that we all carry preserved over time will be on whatever library we have but just the appreciate you for being here and bringing that up. Thanks. Expect like to make one just as you said, the guests up a so tomorrow from 10 to 12. Michael Owen, I going to to Brown and actually the title of our talk tomorrow is. Expanding like streets Paul expanding. But history in Saint Paul and and Michael done some work. Gentleman named turn the Starbucks related to them and family.
And and so for me are fit together. Was. We talked about Rondo a lot. But there were people here that were successful and added to the legacy of Saint Paul that preceded Rondo. And for me, that's a connection that I want to continue to talk about, because those individuals people's shoulders, that we stand today. So thank you, sir. I think it's come PRESIDENT. Think I really wanted take a few moments to say. Thank you so much for. Everything you need really inspired by your story, by the legacy that you're building too in fostering love and leadership in our communities, especially young people. If I remember correctly, I think I think is probably like your 4th or 5th time in the
chambers in just a couple of years. Oer the course of 2 years and you've been here to honor other leaders who are doing incredible, right, just like you. And also been here to celebrate Black History Month. And so I want to say thank you for being so unapologetic about the work that you do. It and really preserving history in our communities here. It's really important, especially for young people who we'll be really being the building blocks of our city and our committees. And so I will be putting this up in my office. And again, congrats. And we're very grateful to have in our community. Any other discussion of the motion. All right, seeing none. We have motion for approval of the resolution all in favor say Aye. Aye. All opposed. 6 a favor and oppose. The resolution is adopted.
Congratulations. 17 is bza. 25 dash one considering the appeal of Sean Ryan, Ryan companies, us ink to decision of the Board of Zoning Appeals to 9 for various requests. Instructive. Mixed use development on the property at 2200 Fort Parkway. Public hearing was closed in FEBRUARY. 12th Jess. Thank The council PRESIDENT. I want to start out by just waiting for everyone. The council decision before us. So for this appeal. Rang bza. 25 dash one just want to clarify the decision before us is a city council is to determine if the bza ared in any fact finding or procedure reference in the city code. 61.7, 0, 2, in their decision
to deny to the variances that companies requested based the record. This is the only decision before us. And this is the only criteria that can be used to make this determination a little bit of background. Ryan companies applied for variances at Highland Bridge Block to Butte, which is what this item is for. Their played for 13 variances city staff recommended approval variances their staff report was dated DECEMBER 7th, 2024 and the Holland District Council recommended approval of all variances more background, almost all projects at Highland Ridge have approved variances from the zoning code. The Ford site Master Plan and zoning written to provide flexibility in the different zoning districts such as 5. Additionally
variances from the zoning code. In this case, the zoning districts that were created by the Ford site Master plan, which was adopted by the city Council in 2017 and further amended in 2019, 2020 are allowed to be applied for and follow a process where the bza or the Planning Commission has the power to grant variances in their 6 findings. That must be met. I'm not going to list all of them that there are 6 of them. And basically the in granting a variance the board or commission shall make written findings, stating the grounds upon which the variance is justified. Lttle background on the decision by the bza in granting variances decision before the bza is to determine if the 6 findings are met in this case, city staff recommended approval of all variances in their report. And this about each one met
the 6 required findings in reviewing the variances and findings. The bza determines if the city and Aaron, the findings fact. The Bza met for this particular item, 3 occasions to hear the appeals they met on DECEMBER 9th JANUARY's DECEMBER, 9th 2024. JANUARY 6 and JANUARY, 21st of 2025, the items were laid over from DECEMBER 9th. The Bza denied variances one through 4 for zone to be on JANUARY 6 and aprove the remaining variances on JANUARY. 21st, the denied variances include reductions in floor area ratio. And building height for the 6 findings. The bza from the findings. 2, 3, 4, were not met for the denied variances. They did find that findings. 1, 5, 6, were met and those are in the city
code. So now I'm gonna talk about the specific items So for a busy, a 25 dash, one, the finding number 2, the variance is consistent with the comprehensive plan. Stephen Port determine this findings met and they listed specific policy items from the 24 you comprehensive plan that related to mixed use buildings. This is also in the staff report last week. The Bza found that variances conflicted with 2 you comprehensive plan policies. Some were from the transportation section somewhere from the land use protection in this part is my opinion based on the information. I think that the variance 4 and this is for variances one through 4 only to denied variances which word related to building heights
floor area ratio. I think that the variance is consistent with the applicable policies and the comprehensive plan and iPhone Finau air in staff's findings of fact, z list, several policies in the resolution primarily related to transit modes. I do not think that that that there are sufficient facts to prove that these are directly related to the variances. And additionally a list, a few that that the Bza you to regarding pursuing redevelopment of opportunity site such as Tyler Bridges, a higher density in mixed use development applies to Highland Ridge overall. And if this entire lot were used to calculate the floor area, racial ratio, it would be close to the zoning requirements for 14 reducing land devoted to off-street parking does not mean that there can not the off-street parking additionally. There are practical difficulties on the site to meet this
requirement due to show Bedrock, which is why great parking being provided Liu 30, which is related to increasing neighborhood notes identified in the comp plan. There is still a very large overall floor area ratio at the slot in te multi-story building is located partially on for parkway in Creighton near intersection. Additionally for parkway in creating is not listed as a neighborhood known in the 24 you comprehensive plan the above or in fact, in finding by the bza. The 3rd item the applicant has established their practical difficulties in complying with the provision that the property owner proposes to use the property in a reasonable manner not permitted by the provision economic considerations alone do not constitute practical difficulties. So the staff report describes staff report describes production floor area ratio as to possession
easements. There's a cut on the lot diagonally and the shape of the last 3 do variances requested or 4 the single-story commercial buildings that face Fort Parkway. There is a 40 foot tall building being proposed kind of in an l shape around the back of the site. And Ryan companies is proposing splitting those building up buildings up to to help provide pedestrian ada access throughout the last result ensured of buildings. Ryan companies also cites practical difficulties in complying with the floor area ratio and height requirements such as shell Bedrock perch, water and soap in grades. They do enter. They do mention it economic factors as well. In the resolution. The Bza did not agree with the practical difficulties related to show a better approach. Water in Sullivan grades and stated this is based on quote, testimony. We heard from other local developers and summer night 2024, none of these factors should be practical
difficulties that warrant the requested variance as there also multiple in standard parts of the design, build process. They also cited geotechnical analysis has not provided to support rents claims. And now for and high valuation of this. The firefighters that practical difficulty should be identified for the compliance of the provision. It does not say to which degree they must be difficult. Additional economic considerations are loud but cannot be the only reason I agree with the practical difficulties in the staff report and Finau air and and agree with them. Additionally, I fund abuses justification for concluding that show bedrock, perched water. Insulting grids are not applicable. Practical difficulties for meeting the height and density requirements. Insufficient each of these items is unique
in provides its own challenges in the design and construction of the primary structure of the building, the low grade civil mechanical design and landscaping of the site. However, they were all together in discussion. Busy as reasoning is also contradictory, in my opinion because they noted a geotechnical analysis was not presented to substantiate the challenges. But additionally, based on little to no specific data. They use the remarks of a local developer to rule out any practical difficulties at all. In my opinion. And as a licensed engineer, only licensed design professionals are qualified to make the determination of specific practical difficulties that arise because of Joe technical considerations, which include subsurface soil conditions and something great and they are
site specific. Well, these challenges can be mitigated in the design, a building process. That does not mean that they can be done so reasonably. They're not practical difficulties. I think that the law chief addition, easements access requirements, show bedrock and of the grade individually and in combination represent practical difficulties to meet the height and density requirements in the floor aea ratio. This is a very infected finding by the bza. The last item. Kind of some of stunt. The plate of the lndowner is due to circumstances unique to the property by the landowner. And this is kind of sometimes in combination with item before. Staff report notes that the grays on the property before parkway show bedrock in perch. Water table have driven the design of the development and accordingly, the requests pertaining to the floor area
ratio, building heights, lot coverage, maximum pleasing requirements or due to circumstances unique to the property not created by the landowner. In 90's. Variances the bza resolution states that Ryan is repeated references to factors such as shape. Great show bedrock and purged water table, creating difficulties to the heightened floor area ratio requirements. But the bza restated similar criteria to the criteria 3, which is about practical difficulties and that they are surmountable is standard parts of the design, build process and therefore the landowners responsibility. However, and the approval of the other variances 6 through 13 related to lack coverage, openings closings. They said the same difficulties as not being created by the landowner and essentially they restated what was in the staff report. So similar to the recent above.
This is my interpretation. Challenges to the development regarding shape grade. Chela bedrock, perched water, all create practical difficulties for the design of a primary structure below grade civil mechanical design in landscaping, which impacts all aspects of design. Just understanding that buildings ultimately bear on the soil below them. So this would impact building heights floor area ratio, window openings. Next. Your walls, floor plates, foundations, just to name a few design items. These are challenges not created by the landowner, but by the land. And as I mentioned before, they they are items that impact the entire part of the design. It is difficult to be able to identify that that they would impact certain things and that impact others. But the point is that they're
not created by landowner. And this is an era, in fact, in finding by the bza. So to summarize fr item, 25 abc, a 25 Dash I do, you know, believe everyone. That was a part of this discussion. You can see the bza met on 3 different meeting occasions. This was a lot of information, a lot of items in the record. I think everyone that was a part of this conversation brought us full and a study perspective. I think our community and I have very high expectations for Highland Bridge in for Ryan companies. But the question before us is not a preference of this project but of law. And both this this project ad the variances are well within Ryan's right into it. And it's dictated by our code in our plans and our processes. And so as I mentioned, stated at the beginning of this document are Rules of Council is determined if the bza aired and in fact, when your procedure in the evaluation of
each of these variances in our decision to grant or deny them. Vincent, an exhaustive review of the concluded that there is evidence support airs in fact, in finding by te Bza. Additionally, I find no air in the findings of fact in the city staff reports which supported approval of all variances and therefore, I support we should grant the appeals for a bza. 25 different. Thanks so much. Just I want acknowledge and appreciate the thoughtfulness diligence that you put into this. You're working your comments just And really appreciate. Also you're reminding us what is in front of us specifically whether or not there was air, in fact, finding a procedure by the bza, not our own personal preferences as too the project
to Appreciate that very much. Other comments from my colleagues. It's and PRESIDENT Couple of things I want to share right off the bat First you know, I echo what you said. Take on chose Leon. Thank you. Covered just for being so thorough. Your explanation. Letting us know where you're at it and why would say 2 things right off the bat like the first one is it's moments like this when when I have like so much appreciation for the the process he we have how it's a multi-layered and that there's so much vetting that in from many different stakeholders, whether it's the developer or the bca staff members. And, you know, eventually it comes to us if there's an appeal. That is to me like really valuable with say one of my favorite things about the democracy that we
live in and how you know, we get to build tat together. I want to say thank you to staff members and also our city Attorney's Theresa, you and Josh, really support of the council members that the process of with the materials and most importantly, really understanding what was in front of us and knowing what our responsibility it is as we are looking to materials, Simon, and it really comes down to whether we found era not in that these ease decision. With say tight for me. One of the fried chicken to my statement here boating today. One of the think the things I really enjoyed about all of the public comment was it was such a refresher to hear from everybody. Hey, here are my hopes and dreams of all Highland Bridge and why? I mean, a very similar situation right now where, you know,
we're working at the heights and you all here a lot about that. And so it to me, it just really understanding what the hopes and dreams of our committee members are. Is You know, it really does need to life and very grounding in this work. And so I appreciate everybody who up put in a public cmmentary contacted council members and wanted to say thank you to everyone who did that. So I did a review of the record and all the files reports ad testimony forward this agenda item, including the one after it. I did not find an error in the decision-making and the reasoning of the Board of Zoning Appeals. And for those who are meant for the following reasons that I'm going to be state here, I will be to 9 the applicants appeals regarding this agenda item, which is for black to be. I believe the bca correctly
concluded that variances one through 4 are inconsistent. But the comprehensive plan, the bca appropriately sited several policy goals in our 2040, comprehensive plan contradicting the findings and the staff report. The bbc also correctly found the aplicant failed to establish a practical difficulty. The bca question to the physical factors discussed in the application and saff report public testimony from a local developer found that these are indeed difficulties, but they are not insurmountable. I believe the question to whether there is a practical difficulty was appropriately brought into question during public testimony. I don't see in the record where staff or
the applicant demonstrates why these difficulties are a barrier to development and warning Tina variance, cars are adjusting your statement earlier. You that bring up this plan around that I would say weighing input the developer. That did make a comment during public testimony and by law we the city council, I free to disregard and expert opinion when it is presented with conflict. He 9 experts opinions, including those of area residents so long as the reasons I kind of freedom based o observations, not nearly on fewer speculation and in this matter, the pc was presented with testimony from another expert developer in the profession. That developer had a profession opinion different and that of the applicant and city staff. Their opinion was one of professional expertise, not
fear and speculation and a properly brought into question whether there is a practical difficulty. The bca found that the plight of the landowner is surmountable as parts of design and build processees that bza properly brought into question whether the pardon said rest in the application where unreasonable and for all of these reasons, I will not be supporting the applicants appeals. Thanks, MISS Him. Any further discussion on this topic? Doesn't look like I will just say before we vote. But is there a motion on the table too? make tonight. Sorry to Grande. I will make a motion to grant the appeals and 25 great. There's a motion on the table. I will just say, first of all, again, I want to thank my colleagues for their thoughts on this and to our millions viewers at home, if you feel like we're being very
formulaic in the way that we are talking today. It's because we have we need to make sure that we're establishing a clean record for this decision. And councilmember toast so eloquently said, we are really bad very specific criteria and parameters here as as we're talking, this is a personal preference. This really is a matter of law. I not going to be supporting the motion at because I agree all of the points that council member Yang made. I did not find Aaron the bza ce decisions. And I wanted to just bring up a couple of points that in addition to missing said that, I think are important to consider one of them is that it seems that the developer perhaps encouraged by city staff, has determined to
design. That then lead to practical difficulties that were compounded by economic difficulties that are the reason for seeking these variances in specifically it's those pedestrian easements from Frt Parkway and that orientation towards Fort Parkway for pedestrian and accessibility reasons. And whether or not one agrees or disagrees with that design choices of choice by the developer. In fact, tere were comments in the testimony from the developer that were the entire development to be one building and not have those easements than the variances would not be to be sot. So I think that that's that's something that has weighed heavily on me as I've been considering whether or not there's truly practical difficulties that are solely specific to the site itself. The second thing I want to say is that I saw a lot of I read
through the app. Transcripts of all of the minutes of the 3 bza meetings that are in question here. I sw a number of times and I heard and cast member just comments as well. This description us this comment about if we were to consider entire lots or if we were to take it into account other parcels and I do agree with the comments that the Bza made in response to staff saying that in response to the developer saying that that that's a dangerous precedent and not one that we typically use. We don't talk about if we were to look further down West 7th Street, then the parcel would be in compliance. We talk about the individual parcel that we're looking at. I think that that's important standard to continue to hold ourselves to. And then finally, I do want to come back to this question about whether or not the Ba relied solely on the testimony of one
developer or even a number of developers. As you and I appreciate your points about our ability to take into account expert testimony. But I also think it's important to note that if you look at the record, they had a really thoughtful conversation that took into account testimony that they heard from the public and from the developer and their own judgments on the situation. And so I don't think it's the case that they sort of continue to come back to just one person's testimony over and over as the sole basis for their opinion, which is what I would have expected to see if we were making the claim that they rely too heavily on just oe developer's perspective, so given all of those reasons, I once again will not be supporting the motion any
other discussion is just one thing to I I heard a cause present you and customer eating. Make a reference to a local developer being I can remember what words use. Experts used experience some type of way. And I just have to reiterate that like strongly disagree with a local developer. Being a expert when it comes discussions of subsurface soil conditions and things that are really engineering related. And as I mentioned before, only the only expert that could speak to the conditions of any site would be a geotechnical engineer or potentially another professional engineer, but not a local developer. They're not their next expert design professionals. And I just want to clarify that. Thank you. It's just any other comments. Seeing none. There's a motion to table to grant the appeal
will take a roll call. Johnson, I. Know. Council PRESIDENT Maker know. 3 in favor 3 opposed being council members. Kim Yang and maker and the motion fails because it's tied. So in that case, we will need to have a nother motion. Otherwise nothing happens. So I would entertain another motion. Just That motion fails and I another motion. Id rather Washington point to anything either. Well, somebody Such a beat. Pause for consideration. Is why we have 7 counts matters. Yesterday in a question from vacations, I believe in staff was here last week on this
matter. They mentioned that the deadline would be in just want to clarification on when we have to make a decision. And given that, you know, offer a motion to lay over week if pending further investigation that put further communication, if I can get some clarity on that. Actual that's right. So want cut things. Respond to that question. The timing. MARCH 17th is water. So I do think that's where flight time to actually look into whether or not we I would say get a motion or any sort of follow up. I personally move a motion for a weekly over. Just one 0nd. I think commission. First call question second. I think we need call the first question before we even consider. But my understanding
is that we just didn't call out. And the roll call vote was completed. So I don't know if laying over in item that just failed is proper procedures. To be honest, like it's not say I would entertain it, but I'm just for the I mean, I just wasn't sure how long we've been to sponsor and therefore was wondering if we were going to. Just wait, I guess until we get a response. Yes, okay. But But I appreciate I really appreciate that. And just for the sake a process, okay. Let's try answer question. Yeah. And I think we have the option to continue moving forward our agenda law that restricts happening if we need to do and if it's taking too much, just did come in as well. No, I don't have a comment. I think it's my understanding that. Motion fails. Iguess we're just trying figure out if the zoo's decision stands or if we need
another for another Okay. So we will let our attorneys answer that question that we had to make sure we're doing everything by the book. But in the meantime, let's move on to the next item. You have same situation. It's just a item 18 is abc, a 25 dash considering the appeal of Sean Ryan, Ryan companies, us ink to decision of the Board of Zoning Appeals denying to variance request to construct a commercial building on the property at 0 Avenue South. And the public hearings close on FEBRUARY. 12th MRS. I will just note that the staff report and the Bza resolution for 25 Dash zone to see. They're almost identical.
Just talking about the just talking about the individual items. Again, that denied by the Bza was criteria to 3 and for a gun variance been consistent with the comprehensive plan. The staff report in the bza cited identical policy items that they did 4 zone to be. So similarly, as I mentioned before, I found that the bza the items that they identified from the comprehensive plan that were not consistent. We're not applicable to the subject matter at hand. And additionally, the ones that they did say on airs in the discussion of those in regard just mention one Saturday said them in regard to a requirement for neighborhood nodes and for parkway in creating is not a neighborhood
known in the comprehensive plan. So that would be an error, in fact, in finding by the Bza, the applicant number 3 applicant has established the practical difficulties. I won't read this whole thing again. But the staff report states that the practical difficulties to the lots a typical shape. So again, because of the lot being divided diagonally and that was especially in humans, easements requirements by the city. There's just generally in the master development agreement. A lot of pedestrian easement and pedestrian permeability requirements and this air in this area and the site in general. And the before parkway. The shell bedrock. And again, the perch water table buildings were split up and this proposal to ensure that they would relate better to the elevation of 4
parkway and create petition cut throughs if the buildings were all in one, it would comply with the height minimums. If the bloc's for concern together, the floor area should be 1.7. That's on the staff report. The bza reasoning for dialysis of this resolution is identical to the denial from zone to be. Again, rides application also cited economic factors. A few additional things that mentions are the layout of the lot and the pedestrian pathway requirements as well as private roadways surrounding the lot increase the amount of undeveloped full space on the block and making a small scale vertical mixed used building inefficient from his. I'm cost perspective in that the law is best served as a single story building that is from Ryan's
application. And so similarly, my what I just discussed with item, 25 dash one. I think say again that I that the use these particular items are. Are practical difficulties. And again, the reasoning for the reasoning for denial by the bza I think was an air because in their resolution, if you read the resolution, the only thing that they specifically site, one of specifically cite is a is reference to a local developer saying that the should be surmountable parts of design. And as I mentioned before, I strongly disagree that a developer is is expert in any kind of way when it comes to
when it cmes to making that type engineering analysis. And so that is an air, in fact, in finding by the Bza for criteria. Number 3, the plight of the landowner is other one. Again, the staff report finds that the unique shape of the property with forefront of just activate along with shell bedrock and slip on the property or circumstances unique to the property not created by the landowners. Similarly, the bza reasoning for denial of these variances one to 2 is in the rsolution is identical to that of the required finding above in number 3. They also reference harmful local developers testimony in the chat and citing that the challenges and the application were not
practical difficulties. But similarly for lot to they use the same information when they approved other variances that had to do with openings in glazing. The Bza agreed with some of the staff findings of fact that this is the plight of the landowners due to the unique shape of the property before frontage is to activate. And again, my evaluation of similar to the last item, the unique shape of the property wth 4 frontage is to activate is sufficient to support all variances in additionally for the staff report shall bedrock. And the of the property are unique to the property and not created by the landowner. And again, I find air in the way that the Bza chose to use this for variances to deny variances wanted to, but to improve variances 3 to 6. As i mentioned before, these types
of considerations having to do with, you know, the 4 frontage is the shape of the property and the shell, a bedrock. The on the property impact all aspects of the design of a building and not just certain aspects and not others to be up to be making that determination little to no information and using the testimony of someone is not an expert to the specific site or even an expert in this in the matter at that problematic in air. And just again, as I mentioned before, our role as as a council, is to determine if aired and in fact, finding your procedure and for item, 25 Dash to iPhone airs in fact, in finding the 3items to 3, 4, were the bza use those
particular items to deny the variant tonight, the variances and therefore I will be supporting fanning the appeals of all variances bza. 25 dash 2. Thanks so much. Mistrust. Why do want to make a motion? Just I was motion to approve the appeal for 28 25 dash 2. Thank you, MR. So much on the table to approve the appeal. Was things Council PRESIDENT? I will not be supporting the motion. The meet the findings for a block to see as it did for a block to regarding variance went into and for those reasons, I find no reason apart from the findings of the Bza. Great. Thanks so much. Any other discussion. The motion. Okay. Seeing none. Let's do a roll call. Vote. Johnson. I. Just yes. Yay. No. Council PRESIDENT Maker know.
3 in favor 3 opposed being councilmembers. Kim Yang and maker the motion fails because of that high. And I understand that the motion to layovers being It started we have a decision yet in terms of what happens. You were trying motion. But just to make sure you're clear on what the answer to your original question was, there could be a motion over council could latest ad it could be decided what I appreciate MISTER Led in my office and taking the time to double check. And I also appreciate him. Double double. Checking the 60 game because that's really where we are concerned. So. Obviously, emotions being withdrawn. Understand voters sought we have a title. So the motion.
And we. The appeals not granted. And we thank you so So for item, 17, abc, a 25 dash, one because the most was tied. It appeal is denied. And then for item 18 a bza. 25 dash 2. Again, the most of intent. It was tied. And so the appeal is denied. Questions as point of clarity, whether needs speak to this. Council PRESIDENT Nikki can speak to this. Just what are the options? I know there's at least next week. There is like can do a motion of consideration every consideration is that something that eligible for this item? We can certainly do some research on that
generally. Council does have some limited powers to bring things back. And if I could add a win, would be someone from the prevailing sde that would need to. That's Exactly. And that's where I'm a little bit. So in this case would be someone who voted for Stitt. Against against the motion against should correct. Okay. I'm 19 is final adoption of ordinance. 25 Dash 17 granting the application of tme when to rezone property at 25 George Street East from be one local business to h one residential and amending chapter 60 of the legislative Code pertaining to the zoning map. I will move approval of this item which is before us for final adoption. Is there any discussion of that motion? Seeing none all in favor say Aye, Aye opposed 6, a favorite. No one opposed. The
ordinance is adopted. Item 20's, final adoption of ordinance. 25 Dash 18 granting the application will be 10. 41 Selby What llc to rezone property at 6.42. Selby Avenue from be to community business. 2 to 3 traditional neighborhood amending chapter 60 of the legislative code pertaining to the zoning map. I the forest for final adoption will take a motion from his ability to approve in favor. Say aye. Opposed 6 a favorite. No one opposed. The ordinance is adopted item. 21 is final adoption of ordinance. 25 Dash 19 amending chapter 2 Point 0, 2, of the list of Ministry Code to add Section g 10 etablishing an office of Financial Services Grants Section. Just before I turned to just promotions. What I want to thank Mr. McCarthy and his team for the hard work to put together this new. Grand Section, I know we're
all excited for him. The work that that he will do and the opportunity to hear back regularly about all of that. All the other dollars that are able to pull down, not just local and thank you in advance. It's just. Tke a motion from its just for all in favor say All opposed. 6 in favor opposed the ordinance I adopted item. 22 is first reading of ordinance 25 Dash 5 granting the application o the small. So she it 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 teach 3 traditional neighborhood. And amending chapter 60 of legislative code pertaining to the zoning map since item is before us for first reading
will have a staff report on it. Welcome, MR. Germany, thank you. Build or mini, Steph. With the Department of Planning and Economic Development. I just want to give you basic background on this location and te application before you even with the recommendations. Forget the public hearing next week. So soon. I think presentation will to front of you. So the voice activated shouldn't with that in the press on this one. To the voice activated one or the been activated. Think of Just keep press buttons. And one of the so much, it's 2 things too. So rezoning here is a 41 page. 57 Grand Avenue, location is at northeast corner of grand in Victoria in Summit Hill neighborhood. It's odd couple parcels there. It said the old brick building on the left photo and then the
what looks like a home. To the right of its actually had a business and building multi tenant Scott paper source and they're used to those. And surrounding uses here. We've got, you know, makes uses up and down Grand Avenue, including for flights to these social office building to the West south. And behind us to the north. The summit, lots family houses and duplexes. And this is what look like, which seem the surrounding area. He's only here Western lot is something to terminate business allies bc. Business can go to district. Foes those trees. Almost 2 to 3 traditional neighborhood. Yeah. A few findings to findings for Rezonings to take into account. One o them is that the proposed zoning is consistent with the way the area's developed. It is true here it Sitting with mission
uses that we've had. Over time on on Grand Avenue in the sort of intensity and density. Foes use or the proposal consistent with the comprehensive plan, including a number plicy is quoted here. It's neighborhoods at a neighborhood which encourages the sort of density transitway. Developments see that we have here. That proposal also compatible with the surrounding uses. Again, it's a mix of uses up and down Grand Avenue of similar intensity of should in. Right with 10 Kelvin, we haven't you. Planning Commission. Makes the same findings and recommends approval to you of the rezoning. Also that he's on district's 2 to 3 traditional Neighborhood Summit Hill Association, flood of Letters support. We had a letter of
opposition as well itself with that big lead to come, the questions that you. Thanks, MISTER CHAIRMAN. Are there any questions? It does look like it. Thanks so much. Ordinances lead over to FEBRUARY. 26 for second reading public hearing. Item. 23 is resolution public hearing. 25 dash 24 many in the financing and spending plans for the human rights and equal economic Opportunity Department related to certain grant funds. This is a anyone here to testify on this item? Seeing them Johnson will move to close the public hearing and approve all in favor say Aye. All opposed. 6 in favor. No one opposed public hearing is closed and the resolution is adopted. I don't weny for is resolution public hearing 25 dash 20th approving the application of Mifi beat dba are doing business as shamrocks Irish neck first. How various in order to fight sound for the Saint Patrick's
Day weekend event on MARCH 15th to 17th at 9, 9, 5, 7 street west shamrocks Irish neck. This is my favorite time of year. Patrick system that I will take a motion from Israeli to cose public time the public here. Here to testify on this item. Seeing none. Take a motion from his to close public hearing and approve all in favor. Say Aye. I'll post 6 favor nor opposed the public hearing is closed and the resolutions adopted item. 25 is resolution public hearing. 25 dash 27 approving the application of jr Max for variance. In order to present at the fights town, this Saint Patrick's Day 10 to bend on MARCH 15th and the 17th at 14 27th Street West JR. Max, this is a public hearing. Is there anyone here to testify on this
item? Seeing that will take a motion from Vice PRESIDENT Kim to approve close public hearing and approve all in favor say Aye. All opposed 6, a favor, know and oppose. A public hearing is closed and the resolution is adopted. Legislative hearing consent agenda items. 26 through 99 or before you for your consideration. Welcomes Mormont. Good afternoon Council. PRESIDENT Council members. There's only one that I'm aware should be pulled and that is item number 50. Item 50's rl hta. 25 dash 54 ratifying the Peeled Special Tax Assessment for property at 14. 52 Hazelwood Street. It's a PRESIDENT. This I'm asking the council to some of this or is MAY continue the public hearing to next
Wednesday, FEBRUARY. 26, I had the opportunity to talk with the account for a little bit and we're going to see if we can resolve this assessment situation. To commissioner Motion for missing to approve the ledge. That captures recommendation all in favor say Aye. All opposed. 6, a favorite know and oppose that. The resolution. I'm sorry. I didn't catch that. The date that's fight back. Next Wednesday. The okay. The resolution is laid over too. FEBRUARY. 26. That's the only one I'm aware of. When hear will hold a public hearing all of the remaining lets it hang items. Is there anyone here to tstify any of the legislative hearing items? Seeing none. I'll take a motion It's just too close. The public hearing and approve all of items according to
legislate nations. Any discussion of that motion? All in favor say aye. I opposed. 6 a favorite. No one opposed to public hearings are closed to the consent agenda adopted as amended brings us to the end of our agendas are needed news around the table. From the courts. Give us good news. But I also want to just make sure that folks that are watching know that. And I word on the 25th will be doing an event from 5 to. 5.37. At for Exeter. And I'll be talking a little bit more about some of the items that we put here on our lives, that if you're in, spent also just like overall trying to address matters that get fraud up to the Department of Safety inspections. So if you have issues, tey're in the community with properties are vacant properties, nuisance properties or even just like really want to learn more about what the Department of Safety inspections cover. And you live in Ward 7 or, you know, you're on the inside
and still want to feel. Still want to be able to talk about it. You're more than welcome. It's open to everybody. So it's good events like greatness. Good news from the works that's present kept. Ray Sullivan, annual community gathering is coming up on MARCH Tuesday, MARCH 4th, 05:37pm, Washington Technology Magnet School. It is a great opportunity to participate fun communication activities always free food and really good swathe is a silent option. Option and of course, networking opportunities. But it's just a really great way to engage in the race. Life under alliance. Any others that mentioned this last time. But the Highland District Council has a trivia night tomorrow night at the Highland Golf course. I will be there and that
great a trivia. So should be fun. So it welcome to join it. He MAY have we have a team, I am not, you know, I'm not the ringer on te team. unless and so right after a customer justice, even our before actually will be at I'll be hosting the event tomorrow from doors open at 5, 15, we in at 08:00pm. But we're conversations about the United Village development and all the work that we have done here, the council and what to look some time in JULY one next to start building. So. And Thank you. It's got on the anything else. I can share that if anybody right now is thirsty or just they're good conversation and connection. The Lordstown Social, our is
happening right now until 06:00pm at the alley in downtown Saint Paul and I will be going over happy to give anyone or at and for the future efforts. These are happening eery month. And the goal is to just bring more people to our town and encouraging our of downtown employers of which the city is one to bring their people to come out and support our small businesses. So hope you can join me tonight. Are future one? Any other good news, if not.