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Approved Minutes 10-28-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, October 28, 1998 - 3:30 - 5:00 P.M. CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Saint Paul, MN The meeting was called to order by Council President Bostrom at 3:35 p.m. Present- 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter Absent - 1 - Coleman(arrived later in the meeting) CONSENT AGENDA (Items 1 - 20) Councilmember Blakey requested Item 6 be removed for discussion. Councilmember Benanav requested Item 10 be removed for discussion. Council President Bostrom requested item 11 be removed for discussion. Councilmember Blakey moved approval of the Consent Agenda as amended. Yeas - 6 Nays - 0 MISCELLANEOUS 41. Recognition of Mary Hayes, retiring City of Saint Paul employee. (Coleman arrived) Mary Hayes, Department of Technology and Management Services/Payroll, was recognized for 36 years of service to the City. Council President Bostrom presented Ms. Hayes with a certificate of recognition. 42. Northern States Power(NSP) recognizes the City of Saint Paul for outstanding achievements gained from their energy conservation partnership. Steve Schmidt, Public and Government Affairs Manager, appeared and presented a plaque recognizing outstanding achievements by the City of Saint Paul. Mr. Schmidt stated Saint Paul was the first City to come into agreement with NSP. Over 100 buildings have been professionally engineered, reviewed, and upgraded. NSP has made a$3 million investment with zero percent interest to help finance these projects. FOR ACTION 1. Approval of minutes of September 23, 1998. Adopted Yeas - 6 Nays - 0 October 28, 1998 City Council Summary Minutes Page 2 2. Claims of Sharon Bougie, James T. Erickson, Vicky Erickson, Michelle McCarnery, and Michael Perry. Referred to Employee/Risk Management Division 3. Letter from the Office of Citizen Services/Property Code Enforcement declaring, 995 Kennard Street and 474 Webster Street as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on November 17, 1998, at 9:30 a.m., Room 41, City Hall/Courthouse, concerning the license application of Saint Paul Firearms Company, 634 North Snelling Avenue. 5. Administrative Order: D001607 Amending the 1998 budget of HRA Neighborhood Development Fund 140 to clear line items which are not needed in this fund. Noted as on file in the City Clerk's Office 6. (Discussed after the consent agenda) 7. Resolution- 98-976 - Approving the reappointments of Sister Mary Frances Benz, Mark Flahavan, Dennis Gerhardstein, Harold Hebl, Nicole Otto, Dean Lemke, Steven Sarrazin, Richard Taylor, and Jamie Warndahl, and the appointments of Peter Keely, Kelly Schendel, Sharon Rebar, Sally Staggert, Julie Walton, and Dolores Zeller, by Mayor Coleman, to the Mayor's Advisory Committee on Aging. Adopted Yeas - 6 Nays - 0 8. Resolution - 98-960 - Approving the May 1998 through April 2001 Labor Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners. (Laid over from October 14) Adopted Yeas - 6 Nays- 0 9. Resolution- 98-970 - Approving a pilot project entitled"Information Services Reorganization and Job Family Modeling Project" and memorandums of agreement. (Laid over from October 14) Adopted Yeas- 6 Nays - 0 10. (Discussed after the consent agenda) 11. (Discussed after the consent agenda) 12. Resolution- 98-979 - Suspending licenses held by ALEE, INC., dba the Bourbon Bar, 691 Dale Street, for delinquent taxes owed to the State of Minnesota. Adopted Yeas - 6 Nays - 0 October 28, 1998 City Council Summary Minutes Page 3 13. Resolution - 98-980 - Approving waiver of the 300 feet distance requirement from a church or school for the purpose of a 3.2 malt liquor license for the bowling center at the St. Francis de Sales school building, 426 Osceola Avenue. Adopted Yeas - 6 Nays - 0 14. Resolution - 98-981 - Approving the decision of the Legislative Hearing Officer for Property Code Enforcement Appeals for property at 370-372 Fuller Avenue, 960 Juno Avenue, 238 Winona Street East#1, 1504 Sherburne Avenue #2, 415-417 Sherburne Avenue, and 55 Front Avenue. Adopted Yeas- 6 Nays - 0 15. Resolution - 98-982 - Authorizing the execution of a Joint Powers Agreement between the Minnesota Department of Transportation(MnDOT) and the City of Saint Paul under which MnDOT will fund, administer, coordinate and contribute staff time for the design and implementation of a metro wide, multi-agency traffic information and management system called ORION. Adopted Yeas- 6 Nays - 0 16. Resolution- 98-983 - Approving an Agreement with Ramsey County for the improvement of traffic control systems on Dale Street, Maryland Avenue, and White Bear Avenue. Adopted Yeas - 6 Nays - 0 17. Resolution- 98-984 - Establishing the 1999 Residential Street Vitality Program assessment rates. Adopted Yeas - 6 Nays- 0 18. Resolution- 98-985 - Amending the 1998 budget in the Housing Code Enforcement Division, Truth-In-Sale of Housing activity. Adopted Yeas - 6 Nays - 0 19. Resolution- 98-986 - Amending the 1998 budget in the Department of Fire and Safety Services for the purchase of a new ladder truck. Adopted Yeas- 6 Nays - 0 20. Resolution- 98-987 - Approving Cultural STAR Board Recommendations for Cycle 4 of the Cultural STAR Program. Adopted Yeas - 6 Nays- 0 FOR DISCUSSION 6. Resolution- 98-975 - Approving the reappointment of Sergeant Michael J. O'Brien, and the appointments of Hollice Allen Jr., Carole Mannheim, and Thomas Minter, by Mayor Coleman, to the Police Civilian Internal Affairs Review Commission. Councilmember Blakey stated that because of the recent tragedies in the Hmong community, he would like to add a Hmong person to this commission. October 28, 1998 City Council Summary Minutes Page 4 Roger Curtis, Mayor's Office, appeared and stated in order to serve on the commission, a person needs to complete the academy. There is only one academy per year and the current academy is almost finished. Councilmember Blakey responded that he would like to name someone and have that person go through the academy next year. Mr. Curtis responded that the process should be checked through the City Attorney's Office. He indicated that the Police Federation may have a Hmong officer that would like to serve on the commission. Councilmember Blakey moved approval. Adopted Yeas - 7 Nays - 0 10. Resolution- 98-977 - Authorizing the Department of Planning and Economic Development to apply to the Metropolitan Council for funding for both the 750 Pelham Project and the RiverCentre Project on behalf of the City of Saint Paul. Councilmember Benanav presented an amendment to the resolution and moved approval as amended. Adopted as amended Yeas- 7 Nays - 0 11. Resolution - 98-978 - Accepting contributions from Jerry's Market and North East Development Corporation for refreshments, music and celebration for the groundbreaking ceremony for the Ames Lakes Reclamation and Prosperity Avenue Extension on October 30, 1998. Council President Bostrom stated that the City Attorney has recommended additional language to the resolution. Councilmember Harris moved approval of a substitute resolution. Substitute adopted Yeas - 7 Nays - 0 SUSPENSION ITEM Councilmember Coleman moved for suspension of the rules and approval of the following resolution with an amendment: Resolution - 98-993 - Indemnifying Lawson Software, Kraus Anderson, Frauenshuh Company, Media Rare, and First Star Bank from any tort claims arising out of the celebration on the Lawson Commons, First Star Bank and Rice Park sites. Adopted as amended Yeas - 7 Nays - 0 DISCUSSION ITEMS CONTINUED 21. Resolution- 98-880 - Approving the rate of pay for the proposed new class specification of Cable Communications Officer. (Laid over from October 14) Councilmember Blakey moved approval. October 28, 1998 City Council Summary Minutes Page 5 Councilmember Harris noted that this is a$12,000 salary increase and an increase to the budget. He said the Council should consider what is the best use of public resources. The increase should be done within that department's budget but Harris said he has not heard a good reason for approving this rate of pay except that a study was done which indicated there should be a salary increase. Councilmember Lantry said if the Council does not want to make budget adjustments outside of the budget cycle and does not want to increase salaries, they should relay that information to the Office of Human Resources. A reclassification study was completed and it was determined that the duties this person performs are worth more money. Councilmember Blakey stated there is a pattern in the City where people are trained and then they eventually leave City employment for better paying jobs in the private sector. The Council needs to make sure the people who work for the City are considered valuable commodities. The cable franchise issue is a large project, the institutional network is connected to the public schools, and this person is in charge of the network. Councilmember Harris stated there is a limited amount of money and the Council said it would challenge the departments to do more with less. Further, the cable negotiation is completed and the negotiating was done with the assistance of an outside attorney and Gerry Strathman, Council Research Director, in addition to the Cable Communications Officer. Council President Bostrom noted that when the salary proposal was originally presented to the Council it was two rates beyond this and he felt this was a fair compromise. Adopted Yeas - 6 Nays - 1 (Harris) 22. Resolution- 98-963 - Allocating funds for the 1998 Fourth Cycle Neighborhood STAR Program. (Laid over from October 21) Councilmember Benanav stated that this resolution states that any projects proposed by the STAR Board that do not come to fruition will be replaced with the Snelling-Selby project. This project was the first one on the list not approved by STAR. This project was rated 25 and the board funded 24 projects. There was some misunderstanding as to whether the lights are deteriorated. Councilmember Lantry moved approval. However, she suggested that the Council discuss its policy direction for next year. Councilmember Harris asked about the funds for moving a dentist office and the funds for Applebaums Grocery. Bob Hammer, Department of Planning and Economic Development, responded that Dr. Peter Cannon(dentist) applied as the guidelines were written. He originally asked for a$65,000 grant. The owners of Applebaums, are considering two sites: either north of the Lawson building or closer to Lowertown on Fifth Street. Council President Bostrom asked whether Applebaums would get relocation benefits. Mr. Hammer responded that Steve Applebaum was October 28, 1998 City Council Summary Minutes Page 6 involved in the issue but the proposal for the project was submitted by an employee of Applebaum's. With the permission of Steve Applebaum, consent was given to continue to use the "Applebaum"name. Councilmember Coleman noted that Applebaums received payment for their fixtures and certain items, but they did not get relocation benefits because they did not relocate. For the vitality of downtown, a grocery store is important. Councilmember Harris stated he would rather set aside some money as an incentive for a grocer to come up with a proposal for the downtown area. Councilmember Harris moved to remove Applebaums and Dr. Peter Cannon from the list. Councilmember Benanav stated the Council seems to be constantly changing the rules. Council President Bostrom stated the Council should review the guidelines and he feels more capital should go towards housing. Councilmember Harris withdrew his motion. Adopted Yeas - 7 Nays - 0 SUSPENSION ITEM Councilmember Benanav moved for suspension of the rules and approval of the following resolution: Resolution- 98-994 - Requesting Neighborhood Star Funds for the Snelling Selby Commercial Public Improvement Project. Failed Yeas - 3 Nays- 4 (Bostrom, Coleman, Harris, Reiter) (This item was reconsidered at the conclusion of the meeting) DISCUSSION ITEMS CONTINUED 23. Consideration of the Administrative Law Judge report concerning licenses held by Pooja, Inc., dba Travel Inn, 149 University Avenue East. (Laid over from October 14) Phil Byrne, Assistant City Attorney, stated the options are for the Council to renew the same motions that were made at the October 14 meeting or make a different one. Councilmember Blakey moved approval of the following: 1) deny the license application, 2) accept the findings of fact and recommendations of the Administrative Law Judge, 3) not have the Administration start any enforcement proceedings until after the Travel Inn is vacated on November 10, 1998, and 4) have the Department of Planning and Economic Development and the Housing Information Office work with organizations to help people find a place to live. October 28, 1998 City Council Summary Minutes Page 7 Councilmember Coleman asked if any applications have come through for this property. Virginia Palmer, Assistant City Attorney, appeared and stated she is aware that an application was entered into the computer on this date but she had no further information. Councilmember Coleman stated he does not feel November 10, 1998, is an adequate amount of time to find housing for the residents. Councilmember Blakey responded this property has been operating for over a year without a license, it has been a problem for the neighborhood, and it is suppose to be a motel and not a shelter. Adopted Findings of Fact, Conclusions, and Recommendation of the Administrative Law Judge - Application Denied. Council also took action to have the Office of License, Inspections and Environmental Protection not enforce eviction until after November 10, 1998, and requested that the Housing Information Office offer relocation assistance to residents. Yeas - 6 Nays- 1 (Coleman) 24. Resolution- 98-988 - Accepting grant funds from the University of Minnesota for liquor compliance checks for 1998 and 1999 to be performed by the Police Department and the Office of License, Inspections and Environmental Protection(LIEP). Councilmember Harris moved approval. Adopted Yeas- 7 Nays - 0 25. Report by the Planning Commission regarding changes to the City's zoning and sign regulations relating to advertising signs. (Requested by the Council on February 4, 1998, C.F. 98-83) Councilmember Benanav moved to layover to January 20, 1999 as the Planning Commission was not ready to come back to the Council with a report. Laid over to January 20, 1999 Yeas- 7 Nays - 0 26. Update from the Administration on the Prevention of Violence in the Workplace. (Requested by the Council on August 26, 1998) Lisa Nasseff, Mayor's Office, appeared, and gave a few comments. She then introduced Larry Zangs, Office of LIEP, who gave an update. (Coleman and Harris left) Councilmember Benanav stated he would like to see another report in 90 days. Council President Bostrom asked when this task will be completed or if it will be an ongoing process. Lisa Nasseff responded there is an understanding to get the process in place and then monitor it quarterly. October 28, 1998 City Council Summary Minutes Page 8 Councilmember Blakey asked if there Was a plan to let all the City employees know about this issue. Mr. Zangs responded that education is the key and department directors, management, and labor and staff need to know what they should do. Councilmember Blakey moved an additional update on January 27, 1999. Yeas - 5 Nays- 0 (Coleman and Harris not present for vote) (An additional update will be provided on January 27, 1999.) 27. (Councilmember Benanav requested Item 27 be discussed with Item 35.) ORDINANCES 28. Final Adoption - 98-865 - An ordinance amending Appendix C of the Legislative Code pertaining to the gas service franchise of Northern States Power Company. (Substitute introduced on October 7) Councilmember Lantry moved approval. Adopted Yeas- 5 Nays- 0 (Coleman and Harris not present for vote) 29. Third Reading- 98-941 - An ordinance finalizing City Council action approving the application of Lower Afton Seniors LLC to rezone property at Lower Afton Road(201 feet west of McKnight Road) from B-2 to RM-2 to allow construction of 56 units of senior housing on the currently vacant site. (Public hearing held September 23, 1998) (Substitute introduced on October 14) Council President Bostrom noted the Council already held a public hearing. Laid over to November 4 for final adoption Yeas - 5 Nays - 0 (Coleman and Harris not present for vote) (The meeting was recessed from 4:50 to 5:30 p.m.) Present- 7 Absent- 0 PUBLIC HEARINGS 30. Third Reading- 98-866 - An ordinance amending Saint Paul Legislative Code Chapter 409.26; reducing the presumptive penalties for noncompliance of liquor licenses. (Substitute introduced October 7) Patrick Fleury, Saint Paul Hospitality Association, appeared and said a 12 month period in the "penalty box" is sufficient. Dr. Tracy Toomey, University of Minnesota, appeared and spoke in support of the change. The most important thing is getting people to be compliant versus having a severe penalty which has been shown through research to be the right approach. October 28, 1998 City Council Summary Minutes Page 9 Jaime Martinez, Action on Alcohol in Teens, appeared and stated this group has been working to reduce alcohol related problems in Minnesota and they feel the proposal is a good compromise. Councilmember Reiter moved to close the public hearing and lay over to November 4 for final adoption. Yeas - 7 Nays - 0 Suspension Item Councilmember Coleman moved for suspension of the rules and approval of the following resolution: Resolution - 98-995 - Requesting the Administration to provide a report to the City Council at its November 4, 1998 meeting regarding any City funds to be spent on Titanic, The Exhibition. Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS CONTINUED 31. Third Reading - 98-942 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code entitled"Animals"to provide for particular penalties in various situations and establishing various conditions in the disposition of dangerous animals. (Amended on October 21) Marcia Moermond and David Godfrey, Council Research Policy Analysts, appeared and explained the ordinance revisions. Councilmember Blakey moved for suspension of the rules to introduce the following resolution and a layover to November 4. Resolution- 98-996 - Directing the Office of Licensing, Inspection and Environmental Protection (LIEP) to conduct a dangerous dogs community notification pilot project and to conduct a research study examining threat posed by dogs already declared dangerous. Laid over to November 4 Yeas- 7 Nays - 0 Councilmember Benanav presented an amendment to the resolution, which had been discussed with staff from the Office of License, Inspections, and Environmental Protection. Councilmember Blakey accepted the amendment as friendly. The following people appeared and spoke in support of the ordinance: Mary Hark, 621 Kent Street; Michael Samuelson, District 7 Planning Council, presented a letter; Seitu Jones, 629 Kent Street; Andy Dawkins and Jack Dawkins, 788 Charles Street; Casey Peterson; Judi Gordon, 1000 Thomas Avenue. October 28, 1998 City Council Summary Minutes Page 10 The following people appeared and spoke in opposition to the ordinance: Daniel Buck, 1595 Van Buren Avenue; Peg Rich, 88 North Mississippi River Blvd.; Amy Dolan, 1360 Maywood Street. Councilmember Harris moved to close the public hearing. Yeas- 7 Nays - 0 Councilmember Benanav stated this ordinance will not be breed specific. Marcia Moermond clarified some of the language in the revision. Councilmember Coleman stated the language would be clearer if it was presumptive and not absolute. Gerry Strathman, Council Secretary, stated he would meet with the City Attorney to clarify the language so the Council could vote on it before the end of the meeting. (Item 31 was discussed further at the end of the meeting.) 32. Resolution - 98-943 - Concerning the Renewal Application for a Taxicab Driver's License by James Coners, 313 Dale Street North. (Laid over from October 14) Virginia Palmer, Assistant City Attorney, appeared and stated she spoke to James Coners' probation officer who indicated Mr. Coners has completed treatment, is attending after care, and reports regularly to his probation officer. The probation officer spoke highly of Mr. Coners' progress. Mr. Coners was unable to attend this meeting and requested that the resolution be laid over if the Council had questions for him. Councilmember Coleman noted that Mr. Coners had a conviction for aggravated robbery in 1994. Virginia Palmer stated the ordinance speaks to no felony convictions in the past five years. However, Minnesota Statute 364.03 overrides that and speaks of the ability to show rehabilitation. Mr. Coners' situation is that he had a drug conviction in 1993 which would be almost past the period of time for consideration. She said the aggravated robbery and forgery stem from his drug problem. Mr. Coleman spoke in opposition to supporting the license at this time. Phil Byrne, Assistant City Attorney, reported there is a statute that reads if a person has been convicted of a crime, that person cannot be disqualified from getting a license if they show confident evidence of rehabilitation. If the Council is reluctant to approve the license based on the record, Mr. Byrne's suggested the matter be sent to an Administrative Law Judge (ALJ) who will get additional facts on whether the person has shown evidence of sufficient rehabilitation to perform the duties of a cab driver. The violation of that statute is a deprivation of civil rights which is an automatic lawsuit for damages. If the conviction is being used to stop the license, it has to directly relate to the issue of the license. The license can be denied if the evidence does not show rehabilitation. October 28, 1998 City Council Summary Minutes Page 11 Virginia Palmer stated the statute does state sufficient evidence of rehabilitation may be established by the production of evidence showing that at least one year has elapsed since the release from any local, state, or federal institution. Mr. Bostrom said he felt this matter should go to an ALJ as he felt there was a responsibility to the public safety. Councilmember Blakey moved to refer this matter to an ALJ. Referred to an Administrative Law Judge Yeas - 7 Nays- 0 (Bostrom left and Harris assumed the Chair) 33. Resolution- 98-989 - Approving application for an Auto Body Repair Garage License by Steve's Auto Body St. Paul, Inc., 1196 7th Street East. (ID#19980000406) Councilmember Lantry moved to close the public hearing and approval. Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote) 34. Resolution- 98-990 - Pertaining to acquisition of parcels at 463 Edmund Avenue and 465 Edmund Avenue by direct purchase or by the exercise of power of eminent domain including use of quick take. Councilmember Blakey moved to close the public hearing and approval. Councilmember Lantry stated she knew someone who was interested in this property and that the Department of Planning and Economic Development will be handling this matter. Adopted Yeas - 6 Nays - 0(Bostrom not present for vote) (Bostrom returned) (Coleman was excused from the meeting at this time) (Items 27 and 35 discussed in tandem.) 27. Update from the Administration on Liveable Wage. (Requested by the Council on September 23, 1998) 35. Public hearing on Saint Paul's Living Wage Policy. (Requested by Council October 7, 1998, C.F. 98-918) An update was provided by Pam Wheelock, Department of Planning and Economic Development. Ms. Wheelock stated that any economic development project that creates jobs should require operation and retention of jobs with a living wage with the following exceptions: 1) When the amount of the assistance is less than $100,000 in one fiscal year, 2) when the business is defined as small, 3) when the recipient is an intermediary(not the job creation entity), 3) when the recipient is a start up business, and 4) the only public assistance is to remediate a site. Under the policy, the business must provide employees who have been on the job for a year a living wage which is defined at 110% of the federal poverty level for a family of four or $100% of a poverty level for a October 28, 1998 City Council Summary Minutes Page 12 family of four. Sixty percent of new jobs created must be held by Saint Paul residents. Preferential status is given to businesses that engage in responsible labor relations. Some requirements do not take effect until the first year of business has passed or until the loan starts being serviced. In general, there were some exceptions by action of the City Council. Councilmember Benanav asked what would happen if a business is unable to hire 60% of its employees from Saint Paul. Ms. Wheelock responded that the City would have the opportunity to adjust the paperwork or there will be a penalty of assistance repayment. However, there has not been any cases like this. Councilmember Harris stated that City government does not even have 60% of its workforce from Saint Paul and the City has made an effort to hire people who live in the City. The important thing is that there are job opportunities here. The objective is to move forward and to make sure there are opportunities in Saint Paul. The City should not create a bureaucracy and discourage businesses from expanding, locating, and hiring people in this area. The following individuals appeared and spoke in support of the living wage policy: Steve LaCount, 807 Magnolia Avenue East; Patty Schmitt, 768 Sims Avenue; K. D. Stewart, 175 Charles Avenue; Otimio Jasquez, 1033 Desoto Street; Bill Pearson, United Food and Commercial Workers Union Local 789; Eric Shepard, University of Minnesota Economic Geography Professor and Chair Academic Association of Economists; Jeff Peterson, Chamber of Commerce. Council President Bostrom closed the public hearing. Pam Wheelock encouraged the Council to maintain flexibility. The City will never know who did not consider an expansion or location because of warranted or unwarranted fears about the restrictions. Promoting economic development in the already developed core City can be difficult. 36. Resolution- 98-566 - Ordering the owner to remove or repair the building at 674 Wells Street within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from September 23) Councilmember Lantry moved to lay over six weeks. Laid over to December 9 Yeas- 6 Nays - 0 October 28, 1998 City Council Summary Minutes Page 13 37. Resolution- 98-991 - Ordering the owner to remove or repair the building at 932 Concordia Avenue within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends amending the order to remove or repair within 45 days) Councilmember Blakey asked what would be done in the 45 days. Gerry Strathman responded that the owners plan to remove the building. Councilmember Blakey moved approval. Adopted as amended(per recommendation of the Legislative Hearing Officer) Yeas- 6 Nays - 0 38. Resolution- 98-992 - Ordering the owner to remove or repair the building at 667 Charles Avenue within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over to the November 17, 1998 Legislative Hearings) Councilmember Blakey moved approval. Laid over to November 25 Yeas- 6 Nays- 0 39. Resolution Ratifying Assessment - 98-955 - In matter of summary abatement(property clean-up) for property at 1904 Jefferson Avenue. (Legislative Hearing Officer recommends denying the appeal) (Laid over from October 14) Councilmember Harris moved approval of the Legislative Hearing Officer's recommendation. Adopted Yeas - 6 Nays- 0 40. Public hearing to consider the application of Friends School of Minnesota to rezone property from RM-3 (high density multi-family residential) to OS-1 (office-service) for the purpose of constructing an addition to the existing Friends School building at 1365 Englewood Avenue (southeast corner of North Albert Street and vacated Hubbard Avenue). No one appeared in opposition to the re-zoning. Councilmember Benanav moved to grant the application. Motion of Intent - Application Granted Yeas - 6 Nays - 0 RECONSIDERED ITEM Councilmember Reiter moved to reconsider Item 22a, C. F. 98-994. Yeas - 4 Nays - 2 (Coleman, Bostrom) Resolution- 98-994 - Requesting Neighborhood Star Funds for the Snelling Selby Commercial Public Improvement Project. Councilmember Harris stated there are only three proposals as the other people were not told to write a letter in order to get funding and the resolution does not seem fair. October 28, 1998 City Council Summary Minutes Page 14 Councilmember Reiter moved approval. Adopted Yeas - 4 Nays- 2 (Bostrom, Harris) (Coleman not present for vote) (Item 31 was also discussed earlier) 31. Phil Byrne explained the substitute to C.F. 98-942. Councilmember Blakey moved approval of the substitute ordinance. Substitute introduced and laid over to November 4 for final adoption Yeas - 6 Nays - 0 (Coleman not present for vote) Councilmember Harris moved to adjourn the meeting. ADJ AT 7:20 P.M. 4/A_ Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anderson _u c \` A e Assistant Council Secretary rn/mce