Loading...
Minutes 5-17-1995Page 1 of 11 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 17th, 1995 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 266 -8565 Office of the City Council Web Index • Consent Agenda • For Action • Administrative Orders • For Discussion • Ordinances • Committee Reports • Public Hearings • Suspension Items Present - 6 - Councilmembers Harris, Grimm, Guerin, Megard, Rettman, Thune Absent - 1 - Councilmember Blakey (Excused) CONSENT AGENDA NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. FOR ACTION 1. Approval of minutes of March 29, 1995, meeting and March 29, 1995, Closed Door Session. Adopted Yeas - 6 Nays - 0 2. Summons and Complaint in the matter of Eric J. St. Hilaire and Timothy St. Hilaire vs. the City of Saint Paul, et al. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114218\Minutes 5 -... 12/15/2010 Page 2 of 11 Referred to the City Attorney's Office 3. Summons and Complaint in the matter of Al Monita and Tillie Monita vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Plaintiffs Answers to Request for Production of Documents and Statements from City of Saint Paul in the matter of Daniel Dobson vs. the City of St. Paul, et al. Referred to the City Attorney's Office 5. Letter from the Ramsey County Department of Taxation transmitting Application 4AC94 -4272 998 Rice Street for reduction in assessed valuation. (Real Estate Division recommends approval) Adopted Yeas - 6 Nays - 0 6. Letter from St. Paul Animal Control dated May 8, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 7. Executive Order - E -50 - Adopting the Open Opportunity Program Action Plan /Affirmative Action Plan Noted as on file in the City Clerk's Office' 8. Administrative Orders: . D00536 Amending the 1995 budget in the Department of Fire and Safety Services for the purchase of replacement computer equipment. . D00537 Amending the 1995 budget in the Division of Public Health by transferring spending authority between various special fund activities. . D00538 Amending the 1995 budget in the Division of Public Health by transferring spending authority between various special fund activities. . D00539 Authorizing expenditure not to exceed $500 to lease two vans for four police officers attending the "Minnesota Law Enforcement Exploring Conference" at Breezy Point Resort. Noted as on file in the City Clerk's Office 9. Resolution - 95 -458 - Approving the reappointments of Bill Pulkrabek, Kathleen Schwarten, Wayne Wittman, and Michael Zeledon, and the appointments of Martha Engstrom, Linda Lattin, Kari Olson, Janet Schneider, Ken Shearer, George Stemig, and Lynn Megan, by Mayor Coleman, to the Mayor's Advisory Committee for People with Disabilities. (Laid over from May 10 for adoption) Adopted Yeas - 6 Nays - 0 10. Resolution - 95 -459 - Approving the appointment of Darlene Cobian, by Mayor Coleman, to the Advisory Committee on Aging. (Laid over from May 10 for adoption) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114218\Minutes 5 -... 12/15/2010 Page 3 of 11 Adopted Yeas - 6 Nays - 0 11. Resolution - 95 -460 - Approving the reappointments of Paul St. Martin, Ed Olsen, Allen Torstenson, Robert Mayer, and Richard Newmark, and the appointment of Debra McKinley, by Mayor Coleman, to the Saint Paul Bicycle Advisory Board. (Laid over from May 10 for adoption) Adopted Yeas - 6 Nays - 0 12. Resolution - 95 -461 - Approving the reappointments of John Loban and Mike Zipko, and the appointment of Robert Morgan, by Mayor Coleman, to the Saint Paul Cable Access Board of Directors. (Laid over from May 10 for adoption) Adopted Yeas - 6 Nays - 0 13. Resolution - 95 -462 - Approving the reappointments of Terrence Huntrods and Phil Ravitzky, and the appointment of Karen Skwira, by Mayor Coleman, to the Saint Paul Parks and Recreation Commission. (Laid over from May 10 for adoption) Adopted Yeas - 6 Nays - 0 14. Resolution - 95 -495 - Approving the reappointments of Jim Anderson, Thomas Kosel, Hoa Thi Thu Bury, Toupoun Yang, and Carlos Gallego and the appointment of Thomas Olson, by Mayor Coleman, to the New Americans Advisory Committee. (To be laid over one week for adoption) Laid over to May 24 for adoption 15. Resolution - 95 -496 - Approving the reappointments of Zora Radosevich and Marci Mylan and the appointments of Mary Huot, Lucie Ferrell, Lucy Johnson, and Pluma Walker, by Mayor Coleman, to the Saint Paul Community Health Services Advisory Committee. (To be laid over one week for adoption) Laid over to May 24 for adoption 16. Resolution - 95 -494 - Requesting that the Planning Commission's Downtown Urban Design Plan Task Force review and comment on any skyway design issues that come before the City Council. (Laid over from May 10) Adopted Yeas - 6 Nays - 0 17. Resolution - 95 -497 - Designating Jane Norbin, Director of Public Health Nursing for Ramsey County, as the Community Health Board representative to the Minnesota Care Regional Coordinating Board for the metro area. Adopted Yeas - 6 Nays - 0 18. Resolution - 95 -498 - Requesting the renaming of Navy Island to Raspberry Island. Adopted Yeas - 6 Nays - 0 19. Resolution - 95 -499 - Authorizing execution of easement agreement between the City of St. Paul and Ramsey County Regional Railroad Authority (RCRRA) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114218\Minutes 5 -... 12/15/2010 Page 4 of 11 Adopted Yeas - 6 Nays - 0 20. Resolution - 95 -500 - Reciting a proposal for financing a multi- family rental housing development project, giving preliminary approval to a housing program, and authorizing the HRA to issue tax exempt multi family rental revenue bonds. Laid over to May 31 Yeas - 6 Nays - 0 21. Resolution - 95 -501 - Requesting the Administration to develop a report to the City Council setting forth what policies and procedures are or will be in place for ensuring that quality professional services are obtained at the lowest possible long -term cost in connection with the City's capital financings. Failed Yeas - 1 Nays - 5 (Harris, Grimm, Guerin, Megard, Thune) 22. Resolution - 95 -502 - Amending the 1995 budget by adding $85,000 of contributions from corporations and foundations to the financing and spending plans in the Department of Planning and Economic Development for the Saint Paul Community Development Agenda. Adopted Yeas - 6 Nays - 0 23. Resolution - 95 -503 - Amending the 1995 budget by adding $9,462.67 of grant funds to the financing and spending plans in the Division of Parks and Recreation for the S'more Fun Program. Adopted Yeas - 6 Nays - 0 24. Resolution - 95 -504 - Approving payment of $3,422.34, from the Tort Liability Fund, to Kathleen Zieman in full settlement of her claim against the City of Saint Paul. Adopted Yeas - 6 Nays - 0 25. Preliminary Order - 95 -505 - In the matter of sidewalk reconstruction on both sides of North Ruth Street from Upper Afton Road to North Park Drive, and setting date of public hearing for July 5, 1995. (File 4595049) Adopted Yeas - 6 Nays - 0 26. Preliminary Order - 95 -506 - In the matter of sidewalk reconstruction on the west side of Erie Street from Jefferson Avenue to Palace Avenue; and both sides of Leech Street from Forbes Avenue to McBoal Street, and both sides of McBoal Street from Leech Street to North Smith Avenue, and setting date of public hearing for July 5, 1995. (File 4595050 & S9505 1) Adopted Yeas - 6 Nays - 0 27. Preliminary Order - 95 -507 - In the matter of sidewalk reconstruction on the west side of Virginia Street from Laurel Avenue to Selby Avenue; and both sides of Virginia Street from Summit Avenue to Laurel Avenue, and setting date of public hearing for July 5, 1995. (File 4595052 & 595053) Adopted Yeas - 6 Nays - 0 28. Preliminary Order - 95 -508 - In the matter of sidewalk reconstruction on the north side of East fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114218\Minutes 5 -... 12/15/2010 Page 5 of 11 Hawthorne Avenue from Flandrau Street to Breen Street and 1724 East Hawthorne Avenue; both sides of East Hyacinth Avenue from Kennard Street to Breen Street; both sides of East Lawson Avenue from Earl Street to Duluth Street; and both sides of East Orange Avenue from Flandrau Street to Breen Street, and setting date of public hearing for July 5, July 12, 1995. (File 4595054 - 595057) Adopted as amended Yeas - 6 Nays - 0 29. Preliminary Order - 95 -509 - In the matter of sidewalk reconstruction at 2042 and 2049 Goodrich Avenue; both sides of Grand Avenue from South Cleveland Avenue to South Finn Street; the north side of Grand Avenue from South Fairview Avenue to South Prior Avenue, and the south side of Grand Avenue from South Howell Street to South Prior Avenue; both sides of Grand Avenue from South Finn Street to South Cretin Avenue; both sides of Grand Avenue from South Prior Avenue to South Cleveland Avenue; and the south side of Laurel Avenue from Dewey Street to North Howell Street, and setting date of public hearing for July 5, 1995. (File 4595058 - 595063) Adopted Yeas - 6 Nays - 0 30. Preliminary Order - 95 -5 10 - In the matter of sidewalk reconstruction on both sides of Bayard Avenue from Davern Street to South Wheeler Street; both sides of Brimhall Street from Jefferson Avenue to Palace Avenue; both sides of Brimhall Street from Palace Avenue to Randolph Avenue; both sides of Brimhall Street from Stanford Avenue to Jefferson Avenue; both sides of Davern Street from St. Clair Avenue to Stanford Avenue; sidewalk construction (new) on the west side of South Finn Street from Pinehurst Avenue to approximately 125' south of Pinehurst Avenue; 1789 and 1795 Ford Parkway; the west side of South Snelling Avenue from Jefferson Avenue to James Avenue, and the east side of South Snelling Avenue from Jefferson Avenue to Randolph Avenue; both sides of South Snelling Avenue from St. Clair Avenue to Jefferson Avenue; and both sides of Watson Avenue from Macalester Street to Davern Street, and setting date of public hearing for July 5, 1995. (File 4595064 - 595073) Adopted Yeas - 6 Nays - 0 31. Resolution Approving Assessment - 95 -511 - In the matter of sidewalk reconstruction on the east side of North Dale Street from Selby Avenue to Dayton Avenue; both sides of Dayton Avenue from North Dale Street to North St. Albans Street; both sides of Dayton Avenue from Kent Street to North Dale Street; and both sides of Dayton Avenue from North St. Albans Street to North Grotto Street, and setting date of public hearing for July 5, 1995. (File 459454- 59457) Adopted Yeas - 6 Nays - 0 32. Resolution Approving Assessment - 95 -512 - In the matter of sidewalk reconstruction on the east side of Kent Street from Summit Avenue to Portland Avenue; both sides of North Milton Avenue from Hague Avenue to Selby Avenue, and the north side of Hague Avenue from North Milton Avenue to approximately 50' west of North Milton Avenue; and the east side of North Robert Street from University Avenue to Capitol Heights and the north side of Capitol Heights from Charles Avenue to vacated Capitol Heights, and setting date of public hearing for July 5, 1995. (File 459459, 59460 & 59490) Adopted Yeas - 6 Nays - 0 33. Resolution Approving Assessment - 95 -513 - In the matter of sidewalk reconstruction on both sides of Galtier Street from Edmund Avenue to Thomas Avenue; both sides of West Minnehaha Avenue from fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114218\Minutes 5 -... 12/15/2010 Page 6 of 11 North Avon Street to North Victoria Street; the south side of West Minnehaha Avenue from North Dale Street to North Grotto Avenue; and both sides of West Minnehaha Avenue from North Dunlap Street to North Griggs Street, and setting date of public hearing for July 5, 1995. (S9464- S9467) Adopted Yeas - 6 Nays - 0 34. Resolution Approving Assessment - 95 -514 - In the matter of sidewalk reconstruction on both sides of West Minnehaha Avenue from North Grotto Street to North Avon Street; the south side of West Minnehaha Avenue from Kent Street to North Dale Street; the south side of West Minnehaha Avenue from Kent Street to approximately 160' east of Kent Street; and both sides of West Minnehaha Avenue from North Lexington Parkway to North Dunlap Street, and setting date of public hearing for July 5, 1995. (File 4S9468- S9471) Adopted Yeas - 6 Nays - 0 35. Resolution Approving Assessment - 95 -515 - In the matter of sidewalk reconstruction on both sides of West Minnehaha Avenue from North Oxford Street to North Lexington Parkway; both sides of Van Buren Avenue from Kent Street to North Dale Street; and eliminating driveway and replacing with B- 624 curb and gutter at 782 Marshall Avenue, and setting date of public hearing for July 5, 1995. (File 4S9472, S9473 & S94104) Adopted Yeas - 6 Nays - 0 DISCUSSION 36. Resolution - 95 -303 - Requesting that in the future, payment towards premiums for City employees' retiree health benefits be provided through collective bargaining agreements. (Laid over from April 19) Laid over to May 31 Yeas - 6 Nays - 0 37. Resolution - 95 -304 - Repealing Council Resolution 93 -1027 in its entirety upon the effective date of the next collective bargaining agreement between the City of Saint Paul and the Saint Paul Police Federation. (Laid over from April 19) Laid over to May 31 Yeas - 6 Nays - 0 38. Resolution - 95 -313 - Retaining a labor mediator to resolve retiree health insurance costs. (Laid over from April 19) Laid over to May 31 Yeas - 6 Nays - 0 39. Resolution - 95 -485 - Ordering the owner(s) to remove or repair the building located at 87 Winnipeg Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends a six -month extension contingent on closing on the sale of the property, posting appropriate bonds, and code compliance inspection by the May 10 City Council meeting) (Laid over from May 10) Adopted as amended per recommendation of the Legislative Hearing Officer fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114218\Minutes 5 -... 12/15/2010 Page 7 of 11 Yeas - 6 Nays - 0 ORDINANCES 40. Second Reading - 95 -469 - An ordinance specifying the cable television services to be provided to the City Council and establishing that the Finance Director shall be responsible for ensuring that these services are provided. Laid over to May 24 for third reading /public hearing 41. Second Reading - 95 -470 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code in order to incorporate definitions from Minnesota Statue 347.50 regarding dangerous animals; to strengthen administrative enforcement powers, and to establish detailed procedures for dealings with dangerous animals. Laid over to May 24 for third reading /public hearing 42. Second Reading - 95 -471 - An ordinance amending interim ordinance C.F. No. 93 -279 pertaining to Zoning, defining adult bookstore and adult material. Laid over to May 24 for third reading /public hearing 43. Second Reading - 95 -472 - An ordinance amending Sections 60.218, 60.512 and 60.522 of the Saint Paul Legislative Code pertaining to Zoning. Laid over to May 24 for third reading /public hearing 44. Second Reading - 95 -473 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code pertaining to Uniform License Procedures. Laid over to May 24 for third reading /public hearing 45. Second Reading - 95 -474 - An ordinance amending Chapter 424.05 of the Saint Paul Legislative Code pertaining to Gasoline Stations; prohibiting the transfer of license. Laid over to May 24 for third reading /public hearing 46. Second Reading - 95 -475 - An ordinance amending Section 354.03(d) of the Saint Paul Legislative Code pertaining to Sanitary Disposal; providing that licenses shall not be transferable. Laid over to May 24 for third reading /public hearing 47. Second Reading - 95 -476 - An ordinance amending Section 326.07(e) of the Saint Paul Legislative Code pertaining to Building Contractors; providing that licenses may not be transferred. Laid over to May 24 for third reading /public hearing 48. Second Reading - 95 -477 - An ordinance amending Sections 376.07, 376.11 (c), and repealing section 376.13 of the Legislative Code pertaining to Taxicabs; providing that licenses may not be file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114218\Minutes 5 -... 12/15/2010 Page 8 of 11 transferred. Laid over to May 24 for third reading /public hearing 49. Second Reading - 95 -478 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code pertaining to Intoxicating Liquor; providing that licenses shall not be transferable. Laid over to May 24 for third reading /public hearing 50. Second Reading - 95 -479 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code pertaining to Non - Intoxicating Malt Liquor; prohibiting the transfer of licenses. Laid over to May 24 for third reading /public hearing 51. Second Reading - 95 -480 - An ordinance finalizing City Council approval of a petition of HealthEast to rezone property located at 1412 Maryland Avenue East from RM -2 to B -2. (Public hearing held April 19, 1995) Laid over to May 24 for third reading 52. First Reading - 95 -516 - An ordinance awarding a non - exclusive bus stop shelter franchise to Ad Shelters, Inc. Laid over to May 24 for second reading 53. First Reading - 95 -517 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code increasing permit fees to reflect changes in Section 307 of the Minnesota Uniform Building Code. Laid over to May 24 for second reading 54. First Reading - 95 -518 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to allow dog license fees to be set by the City Council. Laid over to May 24 for second reading 55. First Reading - 95 -5 19 - an ordinance amending the license fee schedule in Chapter 310 of the Saint Paul Legislative Code, modifying miscellaneous license fees and adding previous exclusions from the schedule. Laid over to May 24 for second reading 56. First Reading - 95 -520 - An ordinance amending Chapter 198 of the Saint Paul Legislative Code to allow exotic animal permit fees to be determined through ordinance by the City Council. Laid over to May 24 for second reading 57. First Reading - 95 -521 - An ordinance amending Chapter 225 of the Saint Paul Legislative Code to allow fees for licenses to sell firearms to be determined by the City Council. Laid over to May 24 for second reading file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114218\Minutes 5 -... 12/15/2010 Page 9 of 11 58. First Reading - 95 -522 - An ordinance amending Chapter 331 of the Saint Paul Legislative Code to simplify the food vehicle license classification. Laid over to May 24 for second reading 59. First Reading - 95 -523 - An ordinance amending Chapter 339 of the Saint Paul Legislative Code allowing for the fees charged for ice cream processing plants to be set by the City Council. Laid over to May 24 for second reading 60. First Reading - 95 -524 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to allow veterinarians to act as license vendors. Laid over to May 24 for second reading 61. First Reading - 95 -525 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to allow for the issuance of dog licenses at no charge to those dog owners who provide proof of certification of training as guide dogs. Amended and laid over to May 24 for second reading COMMITTEE REPORTS 62. Resolution - 95 -399 - Accepting the update and presentation by the Department of Planning and Economic Development (PED) on the progress of the Business Service Center and the City's new approach to economic development. (Referred to the Community and Economic Development Committee April 19) (CED Committee recommends approval of substitute resolution) Substitute introduced and adopted Yeas - 6 Nays - 0 63. Resolution - 95 -179 - Establishing a formal request for proposal process to determine how to select professional services such as engineering, bond counsel, and financial advisory services. (Referred to Finance and Budget Committee February 22) (Finance Committee submitted an amended resolution without recommendation) Adopted as amended Yeas - 5 Nays -1 (Rettman) PUBLIC HEARINGS 64. Resolution - 95 -526 - Approving application for an On Sale Liquor, Sunday On Sale Liquor, Entertainment -B, Restaurant- B, and Gambling Location -C License by SLT Enterprises, dba Mounds Park Lounge (Steven Cairl), 1067 Hudson Road. (ID 497997) Adopted Yeas - 6 Nays - 0 65. Resolution - 95 -527 - Approving application for renewal of Gas Station, Grocery, and Cigarette License by David Kroona, dba Hazel Park Amoco, 1200 White Bear Avenue. (ID 428902) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114218\Minutes 5 -... 12/15/2010 Page 10 of 11 Adopted Yeas - 5 Nays - 0 (Guerin not present for vote) 66. Resolution - 94 -1577 - Ordering the owner(s) to remove or repair the building at 833 -835 Selby Avenue within fifteen (15) days from adoption of resolution. (Laid over from April 26) Laid over to May 24 Yeas - 5 Nays - 0 (Guerin not present for vote) 67. Final Order - 95 -454 - In the matter of sidewalk reconstruction at 321 and 331 Burgess Street; both sides of Case Avenue from Edgerton Street to Jessie Street; both sides of West Cook Avenue from North Western Avenue to Cumberland Street; with integral curb on both sides of Front Avenue from North Chatsworth Street to North Oxford Street; both sides of Galtier Street from Maryland Avenue West to Orange Avenue West; both sides of Galtier Street from West Orange Avenue to West Ivy Avenue; both sides of North Grotto Street from West Wheelock Parkway to West Ivy Avenue; both sides of Hatch Avenue from Ryde Street to North Chatsworth Street; both sides of Kilburn Street from Front Avenue to Orchard Avenue; both sides of Marion Street from West Maryland Avenue to West Orange Avenue; east side of Maywood Street from West Orange Avenue to West Wheelock Parkway; south side of Orchard Avenue from Churchill Street to North Lexington Parkway; and both sides of Woodbridge Street from West Maryland Avenue to West Orange Avenue. (File 4595017- 595029) (Laid over from May 3) Adopted Yeas - 5 Nays - 0 (Guerin not present for vote) 68. Final Order in Condemnation Proceedings - 95 -528 - In the matter of condemning and taking a permanent utility easement for the purpose of maintaining the Goodrich /Western Storm Sewer Outlet located adjacent to the Smith Avenue High Bridge; easement is over, under, and across Soo Line Railroad property. (File 418677E2) Adopted Yeas - 5 Nays - 0 (Guerin not present for vote) 69. Public hearing concerning adverse action against licenses held by The American Dream Builders, Inc., dba Christine Liquors, 111 Concord Street. (Uncontested) Suspension Item Resolution - 95 -529 - Approving adverse action against Liquor Off Sale License held by the American Dream Builders, Inc., dba Christine Liquors, 111 Concord Street. Adopted as amended Yeas - 6 Nays - 0 70. Public hearing concerning the application of Dart Transfer Company for a preliminary and final plat at the southeast corner of University and Cleveland Avenues. Motion of intent adopted Yeas - 6 Nays - 0 71. Public hearing concerning the application of Saint Gregory the Great Church for a preliminary and final plat at 1640 Montreal Avenue. Motion of intent adopted Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114218\Minutes 5 -... 12/15/2010 Page 11 of 11 Suspension Items Resolution - 95 -530 - Approving application for an Auto Repair Garage License by Eastern Auto Service (Mau Dong), 388 Como Avenue. (ID 415536) Adopted Yeas - 6 Nays - 0 Resolution - 95 -531 - Amending the 1995 budget in the Department of Planning and Economic Development by adding $456,000 of State discretionary funding to provide re- employment and training services to dislocated Unisys workers. Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114218\Minutes 5 -... 12/15/2010