ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, March 24, 2003

ROLL CALL -- ALL PRESENT
APPROVAL OF MINUTES
- January 27, February 10 and 20, 2003. -- APPROVED

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RESOLUTION FOR RECONSIDERATION

COMMITTEE 2

BY PRESIDENT STENBERG

(PHYSICAL DEVELOPMENT)

03-0148R - RESOLUTION ISSUING C-5 PLAN APPROVAL TO KOHL'S DEPARTMENT STORE FOR EXPANSION OF THE PROPERTY LOCATED AT 2115 MILLER TRUNK HIGHWAY. -- PASSED UNANIMOUSLY

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RESOLUTIONS TABLED

COMMITTEE 1

BY COUNCILOR ATKINS

(PURCHASING & ADMINISTRATION)

03-0135R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND DANCING LICENSE FROM LAC/TOM INVESTMENTS, LTD (J&J LIMIT BAR), 1426 COMMONWEALTH AVENUE TO D.S. PROPERTY MGT., INC. (MAX LIMIT BAR), SAME ADDRESS. (TABLED 3/10) -- REMAINED ON TABLE

BY COUNCILOR STEWART

(PERSONNEL)

03-0050R - RESOLUTION REQUESTING FURTHER CONSIDERATION OF REVISED SPIRIT MOUNTAIN MASTER PLAN AND BASIS THEREFORE. (RETABLED 3/10) -- REMAINED ON TABLE

COMMITTEE 2

BY PRESIDENT STENBERG

(PHYSICAL DEVELOPMENT)

03-0010R - RESOLUTION AMENDING THE SPIRIT MOUNTAIN RECREATION AREA MASTER PLAN. (TABLED 1/13) -- REMAINED ON TABLE

03-0156R - RESOLUTION AUTHORIZING AN AMENDMENT TO CITY CONTRACT NO. 18994 WITH SOFT CENTER DULUTH, EXTENDING THE TERM THEREOF AND INCREASING COMPENSATION PAYABLE BY $30,000. (TABLED 2/24) -- PASSED UNANIMOUSLY

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MOTIONS AND RESOLUTIONS

CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA WERE ENACTED BY ONE UNANIMOUS MOTION.

COMMITTEE 1

BY COUNCILOR ATKINS

(PURCHASING & ADMINISTRATION)

03-0183R - RESOLUTION AUTHORIZING THE EXTENSION OF AN AGREEMENT BETWEEN THE CITY OF DULUTH AND CARIN K. SKOOG FOR ENERGY MANAGEMENT AND ENVIRONMENTAL COORDINATION SERVICES FOR A CONSIDERATION OF $33,750. -- PASSED

03-0190R - RESOLUTION ISSUING A TEMPORARY ON SALE NONINTOXICATING MALT LIQUOR LICENSE TO HERMANTOWN VOLUNTEER FIRE DEPARTMENT, 4015 AIRPARK BOULEVARD, AND COLLEGE OF ST. SCHOLASTICA, 1200 KENWOOD AVENUE. -- PASSED

03-0191R - RESOLUTION APPROVING THE ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO MARSHALL SCHOOL, 1215 RICE LAKE ROAD. -- PASSED

03-0192R - RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE ON SALE NONINTOXICATING MALT LIQUOR LICENSE AND ON SALE WINE LICENSE FROM CARLA BLUMBERG (CHESTER CREEK CAFÉ), 1902 EAST EIGHTH STREET, TO AT SARA'S TABLE CHESTER CREEK CAFÉ, LLC (AT SARA'S TABLE CHESTER CREEK CAFÉ), SAME ADDRESS. -- PASSED

03-0194R - RESOLUTION RECOMMENDING APPROVAL OF BOTTLE CLUB LICENSE RENEWAL OF THE ORDER OF THE OWLS, DULUTH NEST #1200. -- PASSED

03-0195R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO THE OWLS CLUB, 118 EAST SECOND STREET. -- PASSED

03-0196R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO RUFFED GROUSE SOCIETY AND "B" COMPANY, FOURTH INFANTRY BATTALION. -- PASSED

03-0197R - RESOLUTION ISSUING ON SALE NONINTOXICATING MALT LIQUOR LICENSE TO RWM BASEBALL, INC. (DULUTH HUSKIES BASEBALL CLUB), WADE STADIUM. -- PASSED

03-0199R - RESOLUTION AUTHORIZING SUPPLEMENTAL AGREEMENT NO. 1 TO DEPARTMENT OF THE ARMY EASEMENT NO. DACW35-2-91-3001 WITH THE UNITED STATES OF AMERICA. -- PASSED

03-0206R - RESOLUTION AWARDING CONTRACT TO XEROX CORPORATION FOR COPIER RENTAL/MAINTENANCE IN THE AMOUNT OF $45,039.36. -- PASSED

03-0207R - RESOLUTION AWARDING CONTRACT TO ZIEGLER, INC., FOR O.E.M. PARTS AND REPAIRS FOR CATERPILLAR EQUIPMENT IN AN ESTIMATED AMOUNT OF $30,000. -- PASSED

BY COUNCILOR STEWART

(PERSONNEL)

03-0198R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF ISOBEL RAPAICH AND THE APPOINTMENTS OF KELLY RAVENFEATHER AND SUSAN STENERSON, REPLACING MARVIN HEIKKINEN AND MELISSA KADLEC, TO THE SISTER CITY COMMISSION. -- PASSED

COMMITTEE 2

BY PRESIDENT STENBERG

(PHYSICAL DEVELOPMENT)

03-0201R - RESOLUTION VACATING THE ALLEYWAY BETWEEN WOODLAWN AND LESTER STREETS AND BETWEEN SKYLINE PARKWAY AND 49TH AVENUE EAST (LEVINE). -- PASSED

03-0202R - RESOLUTION VACATING ALLEY BETWEEN 12TH AND 13TH STREETS WEST AND 25TH AND 26TH AVENUES WEST (AAMODT). -- PASSED

03-0220R - RESOLUTION APPROVING SECOND AMENDMENT TO AGREEMENT WITH J&S EXTENDING THE TIME FOR PERFORMANCE AND AUTHORIZING ENTRY OF PART OF PARCEL 5 INTO THE VPIC PROGRAM AS APPROVED BY DEDA RESOLUTION 03D-16. -- PASSED

03-0221R - RESOLUTION AUTHORIZING ACCEPTANCE OF PROPERTY FROM THE CITY OF DULUTH RELATING TO THE RIVERSIDE RESIDENTIAL DEVELOPMENT AS APPROVED BY DEDA RESOLUTION 03D-17. -- PASSED

03-0222R - RESOLUTION AUTHORIZING SUBORDINATION OF HISTORIC PRESERVATION LOAN FOR HACIENDA DEL SOL TO NSBC/SBA LOAN AS APPROVED BY DEDA RESOLUTION 03D-16. -- PASSED

BY COUNCILOR NESS

(INTERGOVERNMENTAL RELATIONS)

03-0180R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF ECONOMIC SECURITY FOR PROVISION OF WORKFORCE INVESTMENT ACT TITLE I SERVICES, MINNESOTA YOUTH PROGRAM SERVICES AND OLDER AMERICAN PROGRAM SERVICES FOR PROGRAM YEARS 2003 - 2006. -- PASSED

03-0217R - RESOLUTION AUTHORIZING CONTRACT WITH ST. LOUIS COUNTY FOR USE OF THE COUNTY JAIL FOR A COST OF $40,000 PER YEAR. -- PASSED

03-0219R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE CITY'S PARTICIPATION IN FEDERALLY FUNDED TRANSPORTATION PROJECTS. -- PASSED

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

03-0184R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PROGRESSIVE CONSULTING ENGINEERS, INC., FOR PROFESSIONAL SERVICES RELATING TO THE DEVELOPMENT OF A WATER RATE MODEL FOR THE STORA ENSO PAPER MILL FOR $6,050. -- PASSED

03-0185R - RESOLUTION OF INTENT TO CONSTRUCT 280 FEET OF SANITARY SEWER IN 91ST AVENUE WEST BEGINNING AT THE INTERSECTION OF CLYDE AVENUE AND EXTENDING SOUTHERLY (CITY JOB NO. 0322SN) -- PASSED

03-0200R - RESOLUTION ORDERING THE CONSTRUCTION OF 150 FEET OF SANITARY SEWER IN MORGAN STREET BEGINNING AT THE INTERSECTION OF JOSHUA AVENUE AND EXTENDING WESTERLY (CITY JOB NO.0304SN) AT AN ESTIMATED COST OF $20,250. -- PASSED

03-0204R - RESOLUTION AWARDING CONTRACT TO HILLER BROTHERS CONSTRUCTION FOR PAINTING TRAFFIC CONTROL SIGNAL SYSTEM THROUGHOUT THE CITY OF DULUTH IN THE AMOUNT OF $140,000. -- PASSED

03-0205R - RESOLUTION AWARDING CONTRACT TO NELS NELSON AND SONS, INC., FOR CONSTRUCTION OF KENT ROAD IN THE AMOUNT OF $99,782.96. -- PASSED

03-0209R - RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND INDEPENDENT SCHOOL DISTRICT NO. 709 FOR THE CONSTRUCTION OF 10 FOOT BY 440 FOOT BUS TURNOUT ALONG 44TH AVENUE WEST BETWEEN 4TH STREET AND 6TH STREET AS A PART OF THE 2003 STREET IMPROVEMENT PROGRAM. -- PASSED

03-0211R - RESOLUTION AWARDING CONTRACT TO MUELLER PIPELINERS, INC., FOR CONSTRUCTION OF 8 INCH GAS MAIN IN MARTIN ROAD, JEAN DULUTH ROAD, OLD HOWARD MILL ROAD AND GLENWOOD STREET, IN THE AMOUNT OF $777,645. -- PASSED

03-0218R - RESOLUTION AUTHORIZING PURCHASE OF TITLE INSURANCE ON UPRR PROPERTY FOR GARFIELD AVENUE MAINTENANCE FACILITY FOR $2,000. -- PASSED

BY COUNCILOR BERGSON

(PUBLIC SAFETY)

03-0182R - RESOLUTION TO ESTABLISH NO PARKING ON VARIOUS STREETS. -- PASSED

03-0187R - RESOLUTION TO ESTABLISH NO PARKING ON VARIOUS STREETS. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

COMMITTEE 1

BY COUNCILOR ATKINS

(PURCHASING & ADMINISTRATION)

03-0193R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM LINCOLN PARK WESTERN CORPORATION (WESTERN TAVERN), 2801 WEST SUPERIOR STREET, TO CLIFF LANTHIER AS RECEIVER FOR LINCOLN PARK WESTERN CORPORATION (WESTERN TAVERN), SAME ADDRESS. -- PASSED 8-0-1 (Gilbert abstained)

COMMITTEE 2

BY PRESIDENT STENBERG

(PHYSICAL DEVELOPMENT)

03-0189R - RESOLUTION APPROVING DEDA'S PAYMENT IN THE AMOUNT OF $148,900.81 TO LAKE SUPERIOR CENTER AUTHORITY AS APPROVED BY DEDA RESOLUTION 03D-11. -- TABLED

03-0213R - RESOLUTION GRANTING CONDITIONAL APPROVAL TO A SPECIAL USE PERMIT REQUESTED BY JAMES AND LINDA KAISER AND MILLER HILL 47 LIMITED PARTNERSHIP FOR A LOW-DENSITY, PLANNED DEVELOPMENT ON PROPERTY LOCATED AT 1516-1710 SUNDBY ROAD. -- WITHDRAWN

03-0214R - RESOLUTION DENYING A SPECIAL USE PERMIT REQUEST BY JAMES AND LINDA KAISER AND MILLER HILL 47 LIMITED PARTNERSHIP FOR A LOW-DENSITY PLANNED DEVELOPMENT ON PROPERTY LOCATED AT 1516-1710 SUNDBY ROAD. -- PASSED 5-4 (Gilbert, Ness, Stenberg, Stewart)

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

03-0210R - RESOLUTION OF INTENT TO CONSTRUCT A TWO INCH WATERMAIN IN MCCULLOCH STREET FROM SUPERIOR STREET TO 48TH AVENUE EAST (CITY JOB NO. 0057WA). -- PASSED UNANIMOUSLY

03-0212R - RESOLUTION OF INTENT TO CONSTRUCT A FOUR INCH FORCE MAIN SANITARY SEWER ALONG DECKER ROAD BEGINNING AT A POINT AT THE EXISTING SANITARY MANHOLE IN ANDERSON ROAD AND DECKER ROAD TO A POINT APPROXIMATELY 800 FEET NORTHERLY ALONG DECKER ROAD (CITY JOB NO. 0195SN). -- PASSED UNANIMOUSLY

03-0215R - RESOLUTION ORDERING THE CONSTRUCTION OF A TWO INCH WATER MAIN IN MCCULLOCH STREET FROM SUPERIOR STREET TO 48TH AVENUE EAST (CITY JOB NO. 0057WA) AT AN ESTIMATED COST OF $29,000. -- PASSED UNANIMOUSLY

BY COUNCILOR BERGSON

(PUBLIC SAFETY)

03-0176R - RESOLUTION REVERSING THE DECISION OF THE BUILDING APPEAL BOARD TO DENY AN APPEAL, VOIDING THE DEMOLITION ORDER TO CORRECT FIRE DAMAGE AT 117 PARK AVENUE, DULUTH, MINNESOTA. (REPLACEMENT) -- PASSED UNANIMOUSLY

03-0186R - RESOLUTION TO RESCIND THE NO PARKING ZONE ON THE SOUTH SIDE OF GREYSOLON PLACE BETWEEN HAWTHORNE ROAD AND CONGDON PARK DRIVE AND TO ESTABLISH ALTERNATE SIDE PARKING. -- PASSED UNANIMOUSLY

BY COUNCILOR STAUBER

(RECREATION, LIBRARIES & AUTHORITIES)

03-0208R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH STATE CONVENTION CENTER ADMINISTRATIVE BOARD FOR THE PRODUCTION OF THE FOURTH OF JULY FESTIVAL CELEBRATION AT BAYFRONT FESTIVAL PARK FOR A CONSIDERATION OF $25,000. -- WITHDRAWN

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCE TABLED

COMMITTEE 1

BY COUNCILOR STEWART

(PERSONNEL)

03-013-O - AN ORDINANCE AMENDING THE REGULATIONS PERTAINING TO SMOKING IN BARS/RESTAURANTS; AMENDING SECTION 28-64 OF THE DULUTH CITY CODE, 1959, AS AMENDED. (TABLED 3/10) -- WITHDRAWN

The following entitled ordinances were read for the first time:

COMMITTEE 2

BY PRESIDENT STENBERG

(PHYSICAL DEVELOPMENT)

03-016-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 38, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, SINGLE FAMILY RESIDENTIAL, TO C-2, HIGHWAY COMMERCIAL, PROPERTY LOCATED AT 2401 LONDON ROAD IN THE ENDION NEIGHBORHOOD (SCOTT NELSON/DUNN BROTHERS COFFEE SHOP). -- 1st READING

03-017-O - AN ORDINANCE TO RENAME LOVERS LANE AS HOVLAND LANE (HOVLAND). -- 1st READING

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

03-018-O - AN ORDINANCE AUTHORIZING CONDITIONAL CONVEYANCE OF THE OLD ARMORY BUILDING TO THE ARMORY ARTS AND MUSIC CENTER AT NO COST. -- 1st READING

03-019-O - AN ORDINANCE AUTHORIZING SALE OF 59TH AVENUE WEST TOOL HOUSE TO CENTAUR, L.L.C., FOR $162,500. -- 1st READING

The following entitled ordinances were read for the second time:

COMMITTEE 2

BY PRESIDENT STENBERG

(PHYSICAL DEVELOPMENT)

03-014-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 14, 15, 17 AND 18 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM C-2, COMMERCIAL; R-2, TWO-FAMILY RESIDENTIAL; AND R-3 AND R-4, APARTMENT RESIDENTIAL, TO TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) DISTRICT NO. 1, PROPERTY BOUNDED ON THE NORTH BY THE BURLINGTON NORTHERN AND SANTA FE RAILROAD (BNSF); ON THE EAST BY MENARD'S, 50TH AVENUE WEST AND COLALILLO DRIVE; ON THE SOUTH BY BRISTOL STREET; AND THE ON THE WEST BY 54TH ALLEY WEST (SPIRIT VALLEY CITIZENS NEIGHBORHOOD DEVELOPMENT ASSOCIATION, INC. (SVCNDA)). -- PASSED UNANIMOUSLY

COMMITTEE 3

BY COUNCILORS BERGSON AND STOVER

03-015-O - AN ORDINANCE PROHIBITING THE OPERATION OF UNMANNED RAILROAD LOCOMOTIVES IN THE CITY OF DULUTH; ADDING A NEW SECTION 42-10 TO THE DULUTH CITY CODE, 1959, AS AMENDED. -- WITHDRAWN

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