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Minutes 8-14-1996Page 1 of 10 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 14, 1996 - 3:30 PNI PUBLIC HEARINGS AT 4:30 P.M. 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 • For Discussion • Ordinances • Public Hearings Present - 7 - Councilmembers Blakey, Bostrom, Guerin, Harris, Megard, Rettman, Thune Absent - 0 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 July 10, 1996. Adopted Yeas - 7 Nays - 0 2.Claims of Robert Appert (for Jared Bergeron and Wesley Bergeron), Tom Elliott, Linda Mae Olson, and Paul Williams. Referred to Risk/Employee Benefit Management Division file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113855 \Minutes 8- 14- 199... 12/15/2010 Page 2 of 10 3.Summons in Application for Registration in the matter of the application of The Lander Group, Inc., a California corporation and Pentacle Properties, Inc., a Minnesota corporation, to register title to real estate in Block 69, Dayton and Irvine's Addition to St. Paul. Referred to the City Attorney's Office 4.Accepting a petition to secure a public hearing on September 11, 1996, concerning nuisance property at 687 Edmund Avenue. (Hearing date was listed in error on the 8/7 agenda) 5.Accepting a petition to secure a public hearing on September 11, 1996, concerning nuisance property at 755 Edmund Avenue. (Hearing date was listed in error on the 8/7 agenda) 6.Accepting a petition to secure a public hearing on September 11, 1996, concerning nuisance property at 677 Kent Street. (Hearing date was listed in error on the 8/7 agenda) 7.Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 28, 1996, at 4:30 p.m., concerning adverse action against licenses held by Fawaz Hamed, dba Frank's Dairy & Deli, 1201 Edgerton street (uncontested) Laid over to August 21 Yeas - 7 Nays - 0 8.Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 28, 1996, at 4:30 p.m., concerning adverse action against licenses held by J.M. Peppercorn's, dba Peppercorn's, 1178 Arcade Street. (Uncontested) 9.Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 28, 1996, at 4:30 p.m., on the report of the Administrative Law Judge regarding the license application of Cameroon Group, LLC, dba Smith Avenue Rental Hall, 627 Smith Avenue South. I O.Letter from the Office of the City Attorney announcing a public hearing before the City Council on August 28, 1996, at 4:30 p.m., on the report of the Administrative Law Judge concerning adverse action against licenses held by Debra R. Johnson, dba Sports Break, 1199 Rice Street. Laid over to August 21 Yeas - 7 Nays - 0 11.Letters from Saint Paul Public Health declaring 282 Harrison Avenue, 993 Margaret Street, and 414 Minnehaha Avenue East as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 12.Communication from Saint Paul Animal Control dated July 29, and August 5, 1996, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 13.Resolution - 96 -870 - Approving the reappointment of Willetha (Toni) Carter, by Mayor Coleman, to the Metropolitan Library Service Agency. (Laid over from August 7 for adoption) Adopted Yeas - 7 Nays - 0 14.Resolution - 96 -915 - Approving the appointments of Joan Grzywinski and Michael Goldner, by Mayor Coleman, to the Saint Paul Port Authority. (To be laid over one week for adoption) Laid over to August 28 for adoption Yeas - 7 Nays - 0 15.Resolution - 96 -916 - Approving the reappointment of Harry Gaston, by Mayor Coleman, to the Saint Paul Civil Service Commission. (To be laid over one week for adoption) Laid over to August 21 for adoption file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113855 \Minutes 8- 14- 199... 12/15/2010 Page 3 of 10 16.Resolution - 96 -917 - Approving the appointments of Joan Bergman, Gary Hinnerichs, Stephen Kujawa, R.D. Brown and Daniel Reed, and the reappointments of Martha Engstrom, David Hall, Kathy Manderscheid, Kay Willshire, and Kate Wolfe Jenson by Mayor Coleman, to the Mayor's Advisory Committee for People With Disabilities. (To be laid over one week for adoption) Laid over to August 21 for adoption 17.Resolution - 96 -918 - Approving the appointment of Maritza De Jesus, by Mayor Coleman, to the Heritage Preservation Commission. (To be laid over one week for adoption) Laid over to August 21 for adoption 18.Resolution - 96 -919 - Approving the appointments of Mary Ellen Stewart and Carol A. Andrews, and the reappointment of Richard Arey, Kimberly Hunter, and Lucia Wroblewski, by Mayor Coleman, to the Bicycle Advisory Board. (To be laid over one week for adoption) Laid over to August 21 for adoption 19.Resolution - 96 -920 - Approving the Memorandum of Agreement regarding the 1996 wage and fringe reopener between the City of Saint Paul and the United Association of Plumbers, Local 34 and Sprinkler Fitters, Local Union No. 417. (To be laid over one week for adoption) Laid over to August 21 for adoption 20.Resolution - 96 -921 - Approving the 1996 wage reopener between the City of Saint Paul and the Sheet Metal Workers International Association Local 10. (To be laid over one week for adoption) Laid over to August 28 for adoption Yeas - 7 Nays - 0 21.Resolution - 96 -922 - Approving payment of $4,500 to Margaret Duncan in full settlement of her claim against the City of Saint Paul. Laid over to August 21 Yeas - 7 Nays - 0 22.Resolution - 96 -923 - Approving payment of $3,604.9-2 $3,711.29 to State Farm Insurance Company, as subrogee for Gerald Lesch, in full settlement of their claim against the City of Saint Paul. Adopted as amended Yeas - 7 Nays - 0 23.Resolution - 96 -924 - Approving payment of $4,741.25 to the United States Postal Service in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 7 Nays - 0 24.Resolution - 96 -925 - Directing the creation of a Business Plan to implement the 1996 -1997 Housing Action Program. Adopted as amended Yeas - 7 Nays - 0 25.Resolution - 96 -926 - Establishing the rate of pay for the new classification entitled Labor Relations Specialist in Grade 16 of the Non - Represented City Managers Standard Ranges. Withdrawn 26.Resolution - 96 -927 - Establishing the rate of pay for the Nutrition Assistant I- Bilingual Spanish /English and Nutrition Assistant I- Bilingual Hmong /English classes, located in the Office of Public Health, in Grade 22 of the Technical Standard Ranges. Adopted as amended Yeas - 7 Nays - 0 27.Resolution - 96 -928 - Establishing the rate of pay for two new classifications entitled Child Care program Coordinator and Child Care Enrichment Instructor to be used in the Smore Fun child care file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113855 \Minutes 8- 14- 199... 12/15/2010 Page 4 of 10 program in Parks and Recreation. Adopted Yeas - 7 Nays - 0 28.Resolution - 96 -929 - Authorizing the City of Saint Paul to accept $200,000 from the State of Minnesota to provide programs and services for at -risk youth. Adopted Yeas - 7 Nays - 0 29.Resolution - 96 -930 - Authorizing the solicitation of donations from various businesses for drawings in conjunction with the City's Combined Campaign. Adopted Yeas - 7 Nays - 0 30.Resolution - 96 -931 - Accepting and extending thanks to the 3M Company for its contribution of art and other supplies for the Graffiti, Inc. Program. Adopted Yeas - 7 Nays - 0 31.Resolution - 96 -932 - Allowing the Saint Paul Police Department to enter into a contract with 3M Company for space for a store front office at 888 East Minnehaha Avenue. Adopted Yeas - 7 Nays - 0 32.Resolution - 96 -933 - Approving spending authority for investigation of the extent of contamination at the Pigs Eye Dump and at the Schnitzer Iron and Metal Scrap Works sites, and for hiring an appraiser to provide an appraisal and testimony for the City's objection to the reduction in value to the property at 1331 Maryland Avenue. Adopted Yeas - 7 Nays - 0 33.Resolution - 96 -934 - Finalizing City Council action taken July 3, 1996, denying the appeal of Degidio's Restaurant to a decision of the Board of Zoning Appeals granting setback and parking variances to allow construction of a new building and parking lot for the Salvation Army, 401 West 7th Street. (Stipulations were agreed to by both parties) Adopted Yeas - 7 Nays - 0 34.Resolution - 96 -935 - Amending Council File 96 -841 (regarding permit parking near the College of Saint Catherine) to remove the east side of Kenneth Street from Palace Avenue to the alley north of James Avenue from the permit parking district. Adopted Yeas - 7 Nays - 0 35.Resolution - 96 -936 - Directing the City Attorney to request that Ramsey County Judges raise the fine for violation of the Snow Emergency Ordinance from $25.00 to $40.00. Laid over to August 28 Yeas - 7 Nays - 0 36.Resolution - 96 -937 - Approving Supplement No. 1 to a previously approved Joint Powers Agreement between Mn /DOT and the City of St. Paul which increases Mn /DOT financial participation from $106,000 to $115,000. Adopted Yeas - 7 Nays - 0 37.Resolution - 96 -938 - Approving a five year lease of the Second Street Garage with Ramsey County for parking. Laid over to August 28 Yeas - 7 Nays - 0 38.Preliminary Order - 96 -939 - In the matter of the operation of the Above Standard Street Lighting System for the Lowertown Area for the months of January through December, 1997, and setting date of file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113855 \Minutes 8- 14- 199... 12/15/2010 Page 5 of 10 public hearing for October 9, 1996. (File 418321) Adopted Yeas - 7 Nays - 0 39.Preliminary Order - 96 -940 - In the matter of the operation of the Above Standard Street Lighting System for the Selby /Western Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418336) Adopted Yeas - 7 Nays - 0 40.Preliminary Order - 96 -941 - In the matter of the operation of the Above Standard Street Lighting System for the Ford /Cleveland Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418390) Adopted Yeas - 7 Nays - 0 41.Preliminary Order - 96 -942 - In the matter of the operation of the Above Standard Street Lighting System for the Grand -East I Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418392) Adopted Yeas - 7 Nays - 0 42.Preliminary Order - 96 -943 - In the matter of the operation of the Above Standard Street Lighting System for the Grand -West Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418423) Adopted Yeas - 7 Nays - 0 43.Preliminary Order - 96 -944 - In the matter of the operation of the Above Standard Street Lighting System for the Grand -East II Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418425) Adopted Yeas - 7 Nays - 0 44.Preliminary Order - 96 -945 - In the matter of the operation of the Above Standard Street Lighting System for the North Wabasha Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418430) Adopted Yeas - 7 Nays - 0 45.Preliminary Order - 96 -946 - In the matter of the operation of the Above Standard Street Lighting System for the Smith Avenue Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418434) Adopted Yeas - 7 Nays - 0 46.Preliminary Order - 96 -947 - In the matter of the operation of the Above Standard Street Lighting System for the Wabasha -5th 6th Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418510) Adopted Yeas - 7 Nays - 0 47.Preliminary Order - 96 -948 - In the matter of the operation of the Above Standard Street Lighting System for the Selby Revitalization No. 1 Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418525) Adopted Yeas - 7 Nays - 0 48.Preliminary Order - 96 -949 - In the matter of the operation of the Above Standard Street Lighting System for the Concord Phase I Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418550) Adopted Yeas - 7 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113855 \Minutes 8- 14- 199... 12/15/2010 Page 6 of 10 49.Preliminary Order - 96 -950 - In the matter of the operation of the Above Standard Street Lighting System for the Selby Revitalization No. 2 Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418588) Adopted Yeas - 7 Nays - 0 50.Preliminary Order - 96 -951 - In the matter of the operation of the Above Standard Street Lighting System for the St. Peter Street Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418590) Adopted Yeas - 7 Nays - 0 51.Preliminary Order - 96 -952 - In the matter of the operation of the Above Standard Street Lighting System for the Department of Revenue Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418607) Adopted Yeas - 7 Nays - 0 52.Preliminary Order - 96 -953 - In the matter of the operation of the Above Standard Street Lighting System for the University /Western /Mackubin Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418612) Adopted Yeas - 7 Nays - 0 53.Preliminary Order - 96 -954 - In the matter of the operation of the Above Standard Street Lighting System for the Snelling /Randolph Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418626) Adopted Yeas - 7 Nays - 0 54.Preliminary Order - 96 -955 - In the matter of the operation of the Above Standard Street Lighting System for the East 7th /Arcade Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418634) Adopted Yeas - 7 Nays - 0 55.Preliminary Order - 96 -956 - In the matter of the operation of the Above Standard Street Lighting System for the City Hall /Court House Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418709) Adopted Yeas - 7 Nays - 0 56.Preliminary Order - 96 -957 - In the matter of the operation of the Above Standard Street Lighting System for the United /Children's Hospital Area for the months of January through December, 1997, and setting date of public hearing for October 9, 1996. (File 418778) Adopted Yeas - 7 Nays - 0 57.Resolution Approving Assessment - 96 -958 - In the matter of operation and maintenance costs for the Arcade /Case parking lot from January 1 to December 31, 1997, and setting date of public hearing for October 9, 1996. (File 418744) Adopted Yeas - 7 Nays - 0 58.Resolution Approving Assessment - 96 -959 - In the matter of operation and maintenance costs for the Immaculate Heart of Mary parking lot from January 1 to December 31, 1997, and setting date of public hearing for October 9, 1996. (File 418746) Adopted Yeas - 7 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113855 \Minutes 8- 14- 199... 12/15/2010 Page 7 of 10 59.Resolution Approving Assessment - 96 -960 - In the matter of the Ivy /Birmingham Area Street Paving and Lighting Project, and setting date of public hearing for October 9, 1996. (File 418810) Adopted Yeas - 7 Nays - 0 60.Resolution Approving Assessment - 96 -961 - In the matter of the Fourth/Howard Area Street Paving and Lighting Project, and setting date of public hearing for October 9, 1996. (File 418812) Adopted Yeas - 7 Nays - 0 ORDINANCES 61.Final Adoption - 96 -833 - An ordinance amending the Saint Paul Legislative Code, Chapter 166, by amending the authorized restricted residential permit parking areas. Adopted Yeas - 7 Nays - 0 62.1 Adoption - 96 -834 - An ordinance removing parking meters on Second Street between Kellogg Boulevard and Jackson Street. Adopted Yeas - 7 Nays - 0 63.Second Reading - 96 -892 - An ordinance to allow property owners to plant and maintain gardens in the City right -of -way adjoining their property. Laid over to August 28 for third reading /public hearing 64.Second Reading - 96 -893 - An ordinance finalizing City Council action approving a petition of Pioneer Power, Inc. to rezone property at 582 Hatch Avenue from RM -2 to I -1. (Public hearing held July 10, 1996) Laid over to August 21 for third reading 65.Second Reading - 96 -894 - An ordinance finalizing City Council action approving a petition of Twin Cities Habitat for Humanity to rezone property at 671 -681 Jenks Avenue from B -2 to RT -1. (Public hearing held July 10, 1996) Laid over to August 21 for third reading PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.) 66.Resolution - 96 -962 - Approving application for a Parking Lot/Ramp License by Imperial Parking Inc., dba Imperial Parking Inc. /Pea Lot at 60 4th Street West. (ID 447743) Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) 67.Resolution - 96 -963 - Approving application for an Auto Repair Garage by Payne Avenue Radiator & Tire Service, 933 Payne Avenue. (ID 435508) Laid over to August 28 Yeas - 6 Nays - 0 (Guerin not present for vote) 68.Resolution - 96 -964 - Recommending that conditions be put on the patio extension license held by Sweeney's Saloon, 96 Dale Street North. Laid over to September 4 Yeas - 6 Nays - 0 (Guerin not present for vote) 69.Resolution - 96 -965 - Concerning adverse action against licenses held by Campus Sports Grill & Nightclub, Inc., dba Campus Sports Grill & Goldies, 2554 Como Avenue. (Uncontested) Adopted as amended Yeas - 5 Nays - 0 (Guerin and Rettman not present for vote) file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113855 \Minutes 8- 14- 199... 12/15/2010 Page 8 of 10 70.Resolution - 96 -966 - Concerning adverse action against licenses held by Jimbee Corporation, dba Mike's Bar, 326 Grove Street. (Uncontested) Adopted as amended Yeas - 5 Nays - 2 (Blakey, Bostrom) 71.Resolution - 96 -967 - Concerning adverse action against licenses held by J & L Liquors, Inc. dba Trend Bar, 1537 University Avenue West. (Uncontested) Adopted Yeas - 6 Nays - 0 (Rettman not present for vote) 72.Resolution - 96 -968 - Concerning adverse action against licenses held by Walgreen Drug, 1550 University Avenue. (Uncontested) Adopted Yeas - 6 Nays - 0 (Rettman not present for vote) 73.Resolution - 96 -907 - Granting the Saint Paul Saints Baseball Club a sound level variance with conditions. (Laid over from August 7) Adopted as amended Yeas - 5 Nays - 0 (Rettman and Thune not present for vote) 74.Resolution - 96 -969 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 843 Rice Street, 740 North Snelling Avenue, 1075 Hudson Road, 1573 Selby Avenue, Apt. 246, 1913 Carroll Avenue, 266 East Seventh Street, 415 Sherburne Avenue (lower), 1748 Sheridan Avenue, 662 Canton Street, 421 South Wabasha Street, 26 Dale Street, 4107, and 1075 Sherburne Avenue. Adopted as amended Yeas - 6 Nays - 0 (Guerin not present for vote) (843 Rice Street, 740 N. Snelling Avenue and 1075 Hudson Road referred back to Legislative Hearing Officer; 415 Sherburne Avenue (lower) - Laid over to August 28; 1748 Sheridan Avenue - Laid over to September 4) 75.Resolution - 96 -970 - Ordering the owner to remove or repair the building at 803 Buffalo Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be granted 180 days to bring the building into compliance provided a $2,000 performance bond is posted and permits are obtained by August 14, 1996.) Adopted (remove or repair within 15 days) Yeas - 6 Nays - 0 (Thune not present for vote) 76.Resolution - 96 -971 - Ordering the owner to remove or repair the building at 854 Euclid Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner until January 1, 1997 to complete the necessary repairs.) Adopted as amended per Legislative Hearing Officer's recommendation Yeas - 6 Nays - 0 (Thune not present for vote) 77.Resolution - 96 -972 - Ordering the owner to remove or repair the building at 466 Hopkins Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner until January 15, 1997 to complete the necessary repairs.) Adopted as amended per Legislative Hearing Officer's recommendation Yeas - 6 Nays - 0 (Thune not present for vote) 78.Resolution - 96 -973 - Ordering the owner to remove or repair the building at 820 Maryland Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays -1 (Megard) (Thune not present for vote) 79.Resolution - 96 -974 - Ordering the owner to remove or repair the building at 902 East Sixth Street file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113855 \Minutes 8- 14- 199... 12/15/2010 Page 9 of 10 within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the owner until February 6, 1997 to make the necessary repairs.) Adopted as amended per Legislative Hearing Officer's recommendation Yeas - 6 Nays - 0 (Thune not present for vote) 80.Appeal of Leonard Anderson to a summary abatement order for property at 559 South McKnight Road. (Legislative Hearing Officer recommends denial) Appeal denied Yeas - 6 Nays - 0 (Thune not present for vote) 81.Appeal of Arthur Hill to a summary abatement order for property at 1081 Hague Avenue. (Legislative Hearing Officer recommends denial) Appeal denied Yeas - 7 Nays - 0 82.Appeal of Harry W. & Tamara L. Nara to a summary abatement order for property at 1008 Lexington Parkway North. (Legislative Hearing Officer recommends denial; however, allowing an extension to August 31, 1996 to make a temporary repair and to March 1, 1997 to make a permanent repair.) Appeal denied and extensions granted per Legislative Hearing Officer's recommendations Yeas - 6 Nays - 0 (Guerin not present for vote) 83.Appeal of Robert E. Porter to a summary abatement order for property at 770 Ashland Avenue. (Legislative Hearing Officer recommends denial) Appeal denied Yeas - 7 Nays - 0 84.Appeal of Mohammad Shahidullah to a summary abatement order for property at 1132 Central Avenue West. (Legislative Hearing Officer recommends denial) Appeal denied Yeas - 7 Nays - 0 85.Resolution Ratifying Assessment - 96 -975 - In the matter of collecting expenses for towing abandoned vehicles from June to December, 1995 for properties located at 846 Ashland Avenue, 758 Englewood Avenue and 229 Sherburne Avenue. (File 4J9607VV) (Laid over from July 24) (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) 86.1 Order - 96 -976 - In the matter of constructing a sanitary sewer with connections and a storm sewer in Atlantic Street from approximately 700 feet north of East Seventh Street to approximately 850 feet north of East Seventh Street. (File 418830) Withdrawn 87.1 Order in Condemnation Proceedings - 96 -977 - In the matter of condemning and taking of temporary easements necessary for the Edgerton Street Bridge construction project. (File 418832) Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) 88.Resolution - 96 -978 - Granting a sound level variance, with conditions, to Nova Frost Inc., contractor for Saint Paul District Heating and Cooling, for construction work at the Civic Center and the Ordway Theater from August 31, 1996 at 12:00 p.m. to September 3, 1996 at 10:00 a.m. (24 hours per day). Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) 89.Public hearing to consider the appeal of Mon -Ray, Inc. to a decision of the Heritage Preservation Commission denying approval of a building permit application for the installation of 12 clear anodized aluminum combination storm windows at 1156 Summit Avenue. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113855 \Minutes 8- 14- 199... 12/15/2010 Page 10 of 10 Appeal granted Yeas - 6 Nays - 1 (Blakey) 90.Public hearing to consider whether the requested transfer of the cable franchise from Continental Cablevision of Saint Paul to U.S. West, Inc. may adversely affect cable subscribers. Public Hearing continued to August 28 Yeas - 7 Nays - 0 (Council requested that the continuation of the Public Hearing to August 28 and also that written comments will be accepted by the City on this issue, be published in the Legal Ledger, Pioneer Press and Star Tribune and advertised on Channel 18 and cable access channels.) MISCELLANEOUS 91.Mayor Coleman's 1997 budget address. Suspension Items First Reading - 96 -979 - An ordinance amending Chapter 41 of the Legislative Code, Separation of Storm Drainage from Sanitary Sewage, to give the Director of Public Works the discretion to grant a permanent variance for structures built prior to January 1, 1988. Laid over to August 21 for second reading Yeas - 7 Nays - 0 Resolution - 96 -980 - Approving the funding of the Phalen Corridor: Williams Hill STAR proposal subject to compliance with the program development and implementation requirements of the Neighborhood Sales Tax Revitalization Program Guidelines. Adopted Yeas - 7 Nays - 0 Resolution - 96 -981 - Waiving the 60% consent requirement for a block party /special event permit for Smith Avenue Festival to be held on August 18, 1996, between the hours of 10:00 a.m. and 6:00 p.m. with the condition that there shall be no alcoholic beverages served. Adopted Yeas - 7 Nays - 0 Resolution - 96 -982 - Amending the 1996 Budget for improvements made to Wabasha Street, including traffic flow, parking, lighting, entertainment, building front improvements and retail promotion. Laid over to August 21 Yeas - 7 Nays - 0 Resolution - 96 -983 - Granting the Great American History Theater, presenting Riverfeast, a sound level variance for August 16 and 17 from 11:00 a.m. to 10:00 p.m. and August 18 from 11:00 a.m. to 8:00 p.m., with conditions. Adopted Yeas - 7 Nays - 0 Resolution - 96 -984 - Rescinding the stay of revocation and revoking the licenses held by C.L. Hinze, Inc., dba Chuck's Bar, per the decision of the Minnesota Court of Appeals. Adopted Yeas - 7 Nays - 0 Resolution - 96 -985 - Amending Council File 96 -875 relating to polling places. Adopted Yeas - 7 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113855 \Minutes 8- 14- 199... 12/15/2010