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Minutes 8-28-1996Page 1 of 10 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 28, 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 • Administrative Orders • For Discussion • Ordinances • Public Hearings Present - 6 - Councilmembers Bostrom, Guerin, Harris, Megard, Rettman, Thune Absent - 1 - 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 July 24, 1996. Adopted Yeas - 6 Nays - 0 2. Claims of Terry Daniel, Nikki Eilefson, Steven Elmquist, Teresa Goulet, Barbara Schommer, Todd Young (for Sabrina Edden), and Todd Young, (for Pam Harris Thomas). Referred to Risk/Employee Benefit Management Dvision file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113937 \Minutes 8- 28- 199... 12/15/2010 Page 2 of 10 3. Summons in a Civil Action in the matter of Brian A. Hill vs. the City of Saint Paul. Referred to the City Attorney's Office 4. Summons in a Civil Action in the matter of Dean Russell Clark vs. the City of Saint Paul. Referred to the City Attorney's Office 5. Summons and Complaint in the matter of Lorenzo Staten vs. the City of Saint Paul. Referred to the City Attorney's Office 6. Letters from Saint Paul Public Health declaring 1765 Iglehart Avenue, 506 Randolph Avenue, 916 Rose Avenue East, 1010 Seventh Street West, and 207 -211 Winona Street East as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if necessary 7. Communication from Saint Paul Animal Control dated August 19, 1996, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 8. Administrative Orders: . D00997 Addition of $29,410.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction. . D00998 Deduction of $4,535.50 from the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction. . D00999 Addition of $51,688.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction Multiscope- Parking Ramp Alternate A. . D001000 Addition of $27,700.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building Construction Multiscope- Parking Ramp Alternate A. Noted as on file in the City Clerk's Office 9. Resolution - 96 -915 - Approving the appointments of Joan Grzywinski and Michael Goldner, by Mayor Coleman, to the Saint Paul Port Authority. (Laid over from August 14 for adoption) Adopted Yeas - 6 Nays - 0 10. Resolution - 96 -1005 - Approving the appointments of Julie Hoff and David Schwebel, by Mayor Coleman, to the Business Review Council. (To be laid over one week for adoption) Laid over to September 4 for adoption 11. Resolution - 96 -1006 - Approving the appointment of Chris Hansen, by Mayor Coleman, to the Skyway Governance Committee. (To be laid over one week for adoption) Laid over to September 4 for adoption 12. Resolution - 96 -921 - Approving the 1996 wage reopener between the City of Saint Paul and the Sheet Metal Workers International Association Local 10. (Laid over from August 14 for adoption) Adopted Yeas - 6 Nays - 0 13. Resolution - 96 -1007 - Endorsing Project Open Mind. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113937 \Minutes 8- 28- 199... 12/15/2010 Page 3 of 10 Adopted Yeas - 6 Nays - 0 14. Resolution - 96 -1008 - Amending the Capital Improvement Budget by adding $100,000 of grant money from the 3M Foundation for Phalen Boulevard EIS. Adopted Yeas - 6 Nays - 0 15. Resolution - 96 -1009 - Finalizing City Council action taken July 10, 1996, granting the appeal of Gregory Lehman for a side yard deck at 839 East Fourth Street. Adopted Yeas - 6 Nays - 0 16. Resolution - 96 -1010 - Accepting an additional $4,500 from the Department of Housing and Urban Development and making changes to the Mortgage Foreclosure Prevention Program budget to reflect actual grant revenues. Adopted Yeas - 6 Nays - 0 17. Resolution - 96 -1011 - Establishing a new fund for the Rice and Arlington Sports Dome Facility. Adopted Yeas - 6 Nays - 0 18. Resolution - 96 -1012 - Authorizing issuance of the Recreational Facilities Gross Revenue Bonds, Series 1996D. Adopted as amended Yeas - 6 Nays - 0 19. Resolution - 96 -1013 - Authorizing execution of Schnitzer Iron and Metal Company site group agreement. Adopted Yeas - 6 Nays - 0 20. Resolution - 96 -1014 - Approving release of easements in Block 2, Jillson's Subdivision. Adopted Yeas - 6 Nays - 0 21. Resolution - 96 -1015 - Amending C.F. 93 -1688 to correct errors in the description for Finance Vacation File No. 14 -1993. Adopted Yeas - 6 Nays - 0 22. Resolution - 96 -1016 - Revising the Saint Paul Municipal State Aid (MSA) System. Laid over to September 4 Yeas - 6 Nays - 0 23. Resolution - 96 -1017 - Transferring excess Sewer Availability Charge (SAC) revenues to the 1996 Capital Projects Fund (C96) for sewer repair construction. Adopted Yeas - 6 Nays - 0 24. Resolution - 96 -1018 - Setting date of public hearing for October 9, 1996, for ratification of 1996 Street /Alley Maintenance Service charge to be assessed against benefited property. Adopted Yeas - 6 Nays - 0 25. Resolution - 96 -1019 - Ratifying 1996 Street /Alley Maintenance Service Charge. (To be laid over to October 9 for adoption) Laid over to October 9 for adoption 26. Resolution - 96 -1020 - Setting date of public hearing for November 13, 1996, for proposal of 1997 Street /Alley Maintenance Service charge to be assessed against benefited property. Adopted Yeas - 6 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113937 \Minutes 8- 28- 199... 12/15/2010 Page 4 of 10 27. Resolution - 96 -1021 - Authorizing Street /Alley Maintenance charges for 1997 at basically the same level as 1996. (To be laid over to November 13 for adoption) Laid over to November 13 for adoption 28. Resolution - 96 -1022 - Authorizing the Saint Paul Police Department to apply for a National Institute of Justice solicitation. Adopted Yeas - 6 Nays - 0 29. Resolution - 96 -1023 - Authorizing the Department of Fire and Safety Services to enter into an agreement with the State of Minnesota. Adopted Yeas - 6 Nays - 0 30. Resolution - 96 -1024 - Authorizing the Department of Fire and Safety Services to enter into a fire protection inspection and engineering agreement with the City of Maplewood. Adopted Yeas - 6 Nays - 0 31. Resolution Approvining Assessment - 96 -1025 - In the matter of the level of operation and maintenance for the Town Square "Public Spaces" located within Cedar Street, Seventh Street, Minnesota Street and Sixth Street, and setting date of public hearing for October 9, 1996. (File 418113- 96) Adopted Yeas - 6 Nays - 0 32. Resolution Approving Assessment - 96 -1026 - In the matter of demolition of vacant buildings for July 1996, and boardings -up of vacant buildings for June 1996, and setting date of Legislative Hearing for September 17, 1996, and City Council Hearing for October 2, 1996. (File 4J9610C, J961013) Adopted Yeas - 6 Nays - 0 33. Resolution Approving Assessment - 96 -1027 - In the matter of repair of sanitary sewer connections by Public Works for 1995, and setting date of Legislative Hearing for September 17, 1996, and City Council Hearing for October 2, 1996. (File 4SSA9609) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 34. 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 from August 14) Adopted Yeas - 6 Nays - 0 35. Resolution - 96 -938 - Approving a fi-re two year lease of the Second Street Garage with Ramsey County for parking. (Laid over from August 14) Adopted as amended Yeas - 6 Nays - 0 36. Resolution - 96 -1003 - Requesting the State of Minnesota to allow Minnesota cities to impose restrictions on certain firearms and ammunition in excess of state restrictions. (Laid over from August 21) Laid over to September 18 Yeas - 6 Nays - 0 ORDINANCES file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113937 \Minutes 8- 28- 199... 12/15/2010 Page 5 of 10 37. Final Adoption - 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) Adopted Yeas - 6 Nays - 0 38. Final Adoption - 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) Adopted Yeas - 6 Nays - 0 39. Second Reading - 96 -1002 - An ordinance finalizing City Council action approving the petition of Bradley Rhodes, Maryland and Audrey Mork, and the estate of Filemon Balbuena to rezone property located at the southeast corner of Marshall and Western Avenues and an extension on Dayton Avenue from RM -2 to P -1. (Public Hearing held July 24, 1996) Laid over to September 4 for third reading /public hearing 40. First Reading - 96 -1028 - An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative Code pertaining to pawn shop zoning. Laid over to September 4 for second reading 41. First Reading - 96 -1029 - An ordinance amending Chapters 60 and 64 of the Saint Paul Legislative Code pertaining to zoning. Laid over to September 4 for second reading PUBLIC HEARINGS 42. Third 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 from August 14) Amended and laid over to September 4 for final adoption 43. Third 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. (To be withdrawn on August 28) Withdrawn 44. Resolution - 96 -913 - Approving application for a Patio Service License by The Vintage, Inc, 579 Selby Avenue. (ID 430828) (Laid over from August 7) Substitute introduced and laid over to September 4 Yeas - 6 Nays - 0 45. Resolution - 96 -963 - Approving application for an Auto Repair Garage by Payne Avenue Radiator & Tire Service, 933 Payne Avenue. (ID 435508) (Laid over from August 14) Adopted Yeas - 6 Nays - 0 46. Resolution - 96 -1030 - Approving application for a Liquor On Sale -B and Sunday On Sale Liquor License by Sakura, Inc., 34 6th Street West. (ID 438552). Adopted Yeas - 6 Nays - 0 47. Resolution - 96 -1031 - Approving application for a Dance or Rental Hall License by Raymond Hessler, dba Smith Avenue Rental Hall, 627 Smith Avenue South. (ID 478764) Referred to an Administrative Law Judge for hearing Yeas - 6 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113937 \Minutes 8- 28- 199... 12/15/2010 Page 6 of 10 48. Public hearing to consider the report of the Administrative Law Judge regarding the license application of Cameroon Group, LLC, dba Smith Avenue Rental Hall, 627 Smith Avenue South. Adopted the Written Exceptions presented by the Office of License, Inspections, and Environmental Protection denying the license application. Yeas - 6 Nays - 0 49. Resolution - 96 -1032 - Approving application for a permanent expansion of service area for a Wine and Beer License into an adjacent 1,860 sq. ft. space by Style 2000, Inc., dba Cafe Latte, 850 Grand Avenue. (ID 416046) Adopted Yeas - 6 Nays - 0 50. Resolution - 96 -1033 - Aproving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 415 Sherburne Avenue. (Laid over from August 14) Adopted Yeas - 5 Nays - 0 (Thune not present for vote) 51. Resolution - 96 -1034 - Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 1265 West Como Boulevard, 484 West Winona Street, 391 Pleasant Avenue, 475 Hopkins Street, 1359 Blair Avenue, 300 Edmund Avenue, 1269 Payne Avenue, 2100 Gilbert Avenue, 872 East Wheelock Parkway, 1562 Sloan Street aka 309 -15 East Hoyt, 334 Cherokee Avenue, 830 Kansas Avenue, 175 North Lexington Parkway, 29 Summit Court, 591 -593 Payne Avenue, 419 Sherburne Avenue, and 2252 Falcon Avenue. Adopted Yeas - 5 Nays - 0 (Thune not present for vote) 52. Resolution - 96 -1035 - Ordering the owner to remove or repair the building at 773 Butternut Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays -1 (Megard) 53. Resolution - 96 -1036 - Ordering the owner to remove or repair the building at 775 Butternut Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays -1 (Megard) 54. Resolution - 96 -1037 - Ordering the owner to remove or repair the building at 1024 Case Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 55. Resolution - 96 -1038 - Ordering the owner to remove or repair the building at 891 Conway Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 56. Resolution - 96 -1039 - Ordering the owner to remove or repair the building at 710 Dayton Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Laid over to September 11 Yeas - 5 Nays - 0 (Guerin not present for vote) 57. Resolution - 96 -1040 - Ordering the owner to remove or repair the building at 95 Isabel Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner be granted 180 days to repair the building provided a $2,000 performance bond is posted by August file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113937 \Minutes 8- 28- 199... 12/15/2010 Page 7 of 10 28, 1996) Adopted per recommendation of the Legislative Hearing Officer granting 180 days to repair the building. Yeas - 5 Nays - 0 (Guerin not present for vote) 58. Resolution - 96 -1041 - Ordering the owner to remove or repair the building at 673 Kent Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 5 Nays - 0 59. Resolution - 96 -1042 - Ordering the owner to remove or repair the building at 443 Maryland Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Laid over to September 11 Yeas - 4 Nays - 0 (Guerin and Thune not present for vote) 60. Resolution Ratifying Assessment - 96 -1043 - In the matter of collecting expenses involved for towing an abandoned vehicle from property at 950 Fuller Avenue. (J9607V2) (Laid over from July 24) (Legislative Hearing Officer recommends approval) Adopted Yeas - 4 Nays - 0 (Guerin and Thune not present for vote) 61. Resolution Ratifying Assessment - 96 -1044 - In the matter of boarding -up vacant buildings for March 1996; boarding -up vacant buildings for April 1996; and demolition of vacant buildings for April and May 1996. (File 4J9608B, J9608113, J9608C) (Legislative Hearing Officer recommends approval) Adopted Yeas - 4 Nays - 0 (Guerin and Thune not present for vote) 62. Final Order - 96 -1045 - In the matter of the operating costs for the Above Standard Street Lighting System for the United /Children's Hospital Area Streetscape Project. (File 418778) Adopted Yeas - 4 Nays - 0 (Guerin and Thune not present for vote) 63. Final Order - 96 -1046 - In the matter of sidewalk reconstruction on both sides of Maria Avenue from Euclid Street to Surrey Avenue. (File 4S96005) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 64. Final Order - 96 -1047 - In the matter of sidewalk reconstruction on the south side of Iglehart Avenue from North Chatsworth Street to North Oxford Street; the east side of North Milton Street from Dayton Avenue to approximately 111.16 feet south of Dayton Avenue; and both sides of North Syndicate Street from Van Buren Avenue to West Minnehaha Avenue. (File 4S96009- 10 -11) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 65. Final Order - 96 -1048 - In the matter of sidewalk reconstruction on both sides of Banfil Street from Dousman Street to North Smith Avenue, and the west side of Waterloo Street from East Curtice Street to East Belvidere Street. (S96012, S96014) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 66. Final Order - 96 -1049 - In the matter of sidewalk reconstruction on the south side of Beechwood Avenue from Davern Street to South Fairview Avenue at 1716 Beechwood Avenue only, and the north side of Eleanor Avenue from South Chatsworth Street to Rogers Street at 989 Eleanor Avenue only. (File 4S96016, S96017) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 67. Final Order - 96 -1050 - In the matter of sidewalk reconstruction on both sides of Como Avenue from file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113937 \Minutes 8- 28- 199... 12/15/2010 Page 8 of 10 Churchill Street to approximately 123.5 feet east of Churchill Street. (File 4596018) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 68. Final Order - 96 -1051 - In the matter of sidewalk reconstruction on the east side of Lake Street from Bush Avenue to East Seventh Street at 792 Lake Street only. (File 4596019) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 69. Final Order - 96 -1052 - In the matter of sidewalk reconstruction on both sides of Hague Avenue from North Avon Street to Fisk Street and the east side of Fisk Street from Selby Avenue to Hague Avenue; both sides of Iglehart Avenue from North Victoria Street to North Milton Street; and the north side of Thomas Avenue from Kent Street to North Dale Street at 579 Thomas Avenue only. (File 4596020 -22) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 70. Final Order - 96 -1053 - In the matter of sidewalk reconstruction on the northwest side of Adrian Street from Albion Avenue to Alaska Avenue at 1717 and 1729 Adrian Street only; the east side of Bay Street from Randolph Avenue to West Seventh Street at 492 Bay Street only; the north side of Goodhue Street from Cliff Street to Dousman Street at 245 Goodhue Street only; and the north side of James Avenue from Toronto Street to West Seventh Street at 966 West Seventh Street only. (File 4596023,24,26,27) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 71. Final Order - 96 -1054 - In the matter of sidewalk reconstruction on both sides of Hague Avenue from North Wheeler Street to North Fairview Avenue. (File 4596029) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 72. Final Order - 96 -1055 - In the matter of sidewalk reconstruction on the south side of East Hoyt Avenue from McAfee Street to Clarence Street at 1563 Clarence Street only. (File #596031) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 73. Final Order - 96 -1056 - In the matter of sidewalk reconstruction on the north side of Goodrich Avenue from Garfield Street to South Western Avenue; the north side of James Avenue from Arbor Street to Bay Street; the east side of South Lexington Parkway from Lombard Avenue to the Short Line Road Bridge at 276 South Lexington Parkway only. (File 4596032,33,34) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 74. Final Order - 96 -1057 - In the matter of sidewalk reconstruction on the north side of Berkeley Avenue from South Hamline Avenue to South Albert Avenue at 1345 Berkeley Avenue only; the north side of Colvin Avenue from Davern Street to Hilltop Lane, the east side of Davern Street from Palace Avenue to approximately 143 feet north of Palace Avenue; the south side of Fairmount Avenue from South Syndicate Street to South Hamline Avenue at 1336 Fairmount Avenue only; the north side of Ford Parkway from South Snelling Avenue to Macalester Street at 1631 Ford Parkway only; and the west side of South Saratoga Street from St. Clair Avenue to Stanford Avenue at 1522 St. Clair Avenue only. (File 4596035 -40) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 75. Final Order - 96 -1058 - In the matter of sidewalk reconstruction on the north side of West Cook Avenue from Marion Street to Galtier Street; the north side of West Cook Avenue from Rice Street to Albemarle Street; the south side of West Cook Avenue from Rice Street to Galtier Street; and the west side of Woodbridge Street from West Cook Avenue to West Jessamine Avenue at 1091, 1097 and 1099 Woodbridge Street only. (File 4596041 -44) file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113937 \Minutes 8- 28- 199... 12/15/2010 Page 9 of 10 Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 76. Final Order - 96 -1059 - In the matter of sidewalk reconstruction on both sides of East Montana Avenue from Flandrau Street to North White Bear Avenue. (File 4S96045) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 77. Final Order - 96 -1060 - In the matter of sidewalk reconstruction on the east side of North St. Albans Street from Hague Avenue to Laurel Avenue at 678 Hague Avenue only. (File 4S96047) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 78. Final Order - 96 -1061 - In the matter of sidewalk reconstruction on both sides of Ross Avenue from Flandrau Street to North White Bear Avenue, and both sides of East Seventh Street from Hazelwood Street to Germain Street. (File 4S96048 & S96049) Adopted Yeas - 4 Nays - 0 (Bostrom and Thune not present for vote) 79. Resolution Ratifying Assessment - 96 -1062 - In the matter of improving the alley in Block 28, A. Gotzian's Rearrangement of Sigel's Addition (bounded by Gotzian Street, Johnson Parkway, and Third Street) by grading and paving with bituminous material. (File 418774) Laid over to September 4 Yeas - 6 Nays - 0 80. Resolution Ratifying Assessment - 96 -1063 - In the matter of improving the alley in Block 12, Michel and Robertson's Addition (bounded by Chatsworth Street, James Avenue, Milton Street, and Randolph Avenue) by grading and paving with bituminous material. (File 418776) Laid over to September 4 Yeas - 6 Nays - 0 81. Resolution Ratifying Assessment - 96 -1064 - In the matter of improving the east -west alley in Block 4, Lake Park Addition (bounded by Almond Avenue, Arona Street, Canfield Avenue and Pascal Street) by grading and paving with bituminous material. (File 418789) Adopted Yeas - 6 Nays - 0 82. Resolution - 96 -1065 - Approving the petition to vacate a portion of alley ROW behind Ramsey Junior High School. Adopted Yeas - 6 Nays - 0 83. Resolution - 96 -1066 - Concerning adverse action against licenses held by Frank's Dairy & Deli, 1201 Edgerton Street. (Uncontested) Adopted Yeas - 6 Nays - 0 84. Resolution - 96 -1067 - Concerning adverse action against licenses held by J.M. Peppercorns, Inc., 1178 Arcade Street. (Uncontested) Withdrawn - $2,000 fine imposed and seven (7) days suspension stayed (new resolution will be prepared) Yeas - 6 Nays - 0 85. Public hearing to consider the report of the Administrative Law Judge concerning adverse action against licenses held by Debra R. Johnson, dba Sports Break, 1199 Rice Street. Adopted Findings of Fact of Administrative Law Judge. One (1) day suspension stayed and administrative costs imposed. Yeas - 6 Nays - 0 86. Resolution - 96 -1068 - Execution and delivery of a supplemental trust indenture to restructure Phase X of the Minneapolis /Saint Paul Housing Finance Board First -Time Home Buyer Program. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113937 \Minutes 8- 28- 199... 12/15/2010 Page 10 of 10 Laid over to September 11 Yeas - 6 Nays - 0 (Public hearing to be continued) 87. Resolution - 96 -1069 - Approving the recycling of program monies for the Minneapolis/ Saint Paul Housing Finance Board First -Time Home Buyer Program. Adopted Yeas - 6 Nays - 0 88. Public hearing to consider the application of J -SIX (A Minnesota Partnership) to rezone property from R -LL (residential) to I -1 (industrial) to allow a self storage facility at 14XX Point Douglas Road (Lot 2, Block l; Orchard Estates). Motion of intent - application denied Yeas - 5 Nays - 0 (Rettman not present for vote) 89. Public hearing to consider the application of Neighborhood Development Alliance for a preliminary plat to allow concept design approval to subdivide the property into nine lots for a single family home development at 225 Prescott Street (old Riverview Hospital site). Motion of intent - application granted Yeas - 5 Nays - 0 (Rettman not present for vote) 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 from August 14) Public hearing continued to a date to be determined (laid over indefinitely) Yeas - 6 Nays - 0 Suspension Items First Reading - 96 -1070 - An ordinance amending Chapter 229 of the Saint Paul Legislative Code relating to the curfew applied to minors. Laid over to September 4 for second reading Resolution - 96 -1071 - Approving application for a patio, Cigarette, Restaurant -B, Entertainment -B, Sunday On Sale Liquor, and Liquor On Sale -A License by Moose's Lockeroom LLC, 1177 Clarence Street. (ID 424003) Adopted as amended Yeas - 6 Nays - 0 Resolution - 96 -1072 - Approving application for an Entertainment -B, Sunday On Sale Liquor, Liquor On Sale -B, and Restaurant -B License by Trek's Ltd., dba Flanagan's, 1026 7th Street West. (ID 442416) Adopted Yeas - 6 Nays - 0 Final Order - 96 -1073 - In the matter of sidewalk reconstruction on the south side of Ross Avenue from North Howard Street to Waukon Avenue at 2166 Ross Avenue only. (File No. 596046) Adopted Yeas - 6 Nays - 0 Resolution - 96 -1074 - Approving application for a Liquor On Sale -A, Entertainment -B, and Restaurant - B License by The University Club of Saint Paul, dba University Club Downtown, 340 Cedar Street. (ID 417479) Adopted Yeas - 6 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_113937 \Minutes 8- 28- 199... 12/15/2010