ACTIONS
DULUTH CITY COUNCIL MEETING
Monday, April 12, 2004
 

ROLL CALL -- ALL PRESENT
APPROVAL OF MINUTES - February 23, March 8 and 15, 2004. -- APPROVED

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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 STEWART

(PURCHASING & LICENSING)

04-0238R - RESOLUTION AWARDING CONTRACT TO KRAEMER CONSTRUCTION, INC., FOR MAIN LIBRARY EXTERIOR PLANTERS AND ORNAMENTAL RAILINGS, IN THE AMOUNT OF $70,862. -- PASSED

04-0242R - RESOLUTION AWARDING CONTRACT TO WASTE MANAGEMENT OF NORTHERN MINNESOTA FOR GARBAGE/REFUSE REMOVAL AS NEEDED DURING YEAR 2004, AT AN ESTIMATED AMOUNT OF $98,000. -- PASSED

04-0246R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO HERMANTOWN VOLUNTEER FIRE DEPARTMENT, 4015 AIRPARK BOULEVARD; GRANDMA'S MARATHON - DULUTH, INC., AND COLLEGE OF ST. SCHOLASTICA, 1200 KENWOOD AVENUE. -- PASSED

04-0247R - RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE OF PDL OF DULUTH, INC. (CLUB SARATOGA), 331 CANAL PARK DRIVE. -- PASSED

04-0248R - RESOLUTION APPROVING THE 2:00 A.M. CLOSING LICENSE FOR GRANDMA'S ANGIES MALL, LLC (GREAT AMERICAN BAR/GRILL), 1600 MILLER TRUNK HIGHWAY. -- PASSED

04-0249R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF GRANDMA'S ANGIE'S, INC. (LITTLE ANGIE'S CANTINA), 11 EAST BUCHANAN STREET. -- PASSED

04-0250R - RESOLUTION AWARDING CONTRACT TO LENS AUTO BODY FOR AUTO BODY REPAIRS AS NEEDED DURING THE YEAR 2004, AT AN ESTIMATED AMOUNT OF $48,000. -- PASSED

04-0259R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO DULUTH SOFTBALL PLAYERS ASSOCIATION. -- PASSED

04-0260R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE FOR YWCA OF DULUTH AND RUFFED GROUSE SOCIETY. -- PASSED

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0220R - RESOLUTION CONFIRMING THE APPOINTMENT OF PAULINE OLSEN TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY, REPLACING MARY SCHLOSSER. -- PASSED

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0226R - RESOLUTION AUTHORIZING A THIRD AMENDMENT TO THE ACQUISITION/DEMOLITION AGREEMENT WITH HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA (HRA) INCREASING THE AMOUNT PAYABLE THEREUNDER BY AN ADDITIONAL $82,000 AND EXTENDING THE TERM OF THE AGREEMENT. -- PASSED

04-0243R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE MINNESOTA HOUSING FINANCE AGENCY RELATED TO THE LOW-INCOME HOUSING TAX CREDIT PROGRAM. -- PASSED

04-0245R - RESOLUTION AUTHORIZING AN INCREASE OF $65,185.04 IN THE 2002 AND 2003 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS. -- PASSED

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0264R - RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AND ACCEPT A GRANT FROM THE MINNESOTA SECRETARY OF STATE FOR POLLING SITE ACCESSABILITY. -- PASSED

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0216R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH ARCHITECTURAL RESOURCES, INC., FOR PROVIDING CERTAIN ARCHITECTURAL SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE LAKEWOOD PUMP STATION IMPROVEMENTS (2004) IN AN AMOUNT NOT TO EXCEED $6,611. -- PASSED

04-0223R - RESOLUTION AUTHORIZING LEASE AGREEMENT WITH AMENDOLA CONSTRUCTION COMPANY FOR THE LINCOLN PARK TOOLHOUSE PROPERTY. -- PASSED

04-0232R - RESOLUTION AUTHORIZING PURCHASE OF UTILITY EASEMENT FROM ANDREW AND JULIE ERNST ADJACENT TO SNIVELY ROAD FOR $700. -- PASSED

04-0237R - RESOLUTION AMENDING RESOLUTION 04-0173 AWARDING CONTRACT TO MORTON SALT DIVISION C/O HALLETT DOCK COMPANY FOR ROAD SALT, TO INCREASE THE AMOUNT BY $136,175 FOR A NEW TOTAL OF $529,766.44. -- PASSED

04-0239R - RESOLUTION AWARDING CONTRACT TO MIDWEST ENERGY RESOURCES COMPANY FOR PROVIDING 2,597.09 TONS OF COAL, IN THE AMOUNT OF $58,876.03. -- PASSED

04-0240R - RESOLUTION AWARDING CONTRACT TO REDSTONE CONSTRUCTION COMPANY, INC., FOR REPLACEMENT OF BRIDGE NUMBER L8504 OVER AMITY CREEK, IN THE AMOUNT OF $565,118.37. -- PASSED

04-0241R - RESOLUTION AWARDING CONTRACT TO NELS NELSON AND SONS, INC., FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS AT MORGAN PARK - PHASE II, IN THE AMOUNT OF $1,969,703.29. -- PASSED

04-0253R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH M.S.A. PROFESSIONAL SERVICE TO PROVIDE ENGINEERING SERVICES FOR THE SANITARY SEWER OVERFLOW STORAGE FACILITY, ESTIMATED AT $429,236. -- PASSED

04-0254R - RESOLUTION AWARDING CONTRACT TO QUALITY UNDERGROUND SERVICES, INC., FOR ONSTRUCTION OF GAS MAINS IN VARIOUS LOCATIONS, IN THE AMOUNT OF $138,400. -- PASSED

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0224R - RESOLUTION TO LIMIT THE HOURS FROM 1:00 A.M. TO 7:00 A.M. WHEN ALTERNATE SIDE PARKING IS IN EFFECT ON CERTAIN STREETS. -- PASSED

04-0225R - RESOLUTION TO ESTABLISH A TWO HOUR PARKING, 8:00 A.M. TO 5:30 P.M., MONDAY THROUGH FRIDAY ZONE ON THE NORTH SIDE OF FOURTH STREET IN THE PARKING BAY IN FRONT OF JARVI-DOWD FUNERAL AND CREMATION SERVICES AT 925 EAST FOURTH STREET. (REPLACEMENT) -- PASSED

04-0234R - RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE CENTER FOR ADVANCED PUBLIC SAFETY RESEARCH, UNIVERSITY OF NEW HAVEN (CAPSR)IN AN AMOUNT NOT TO EXCEED $22,000. -- PASSED

04-0262R - RESOLUTION GRANTING A LICENSE TO USE FIREARM TRAINING FACILITY. -- PASSED

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0219R - RESOLUTION ACCEPTING A GIFT OF $1,050 FROM WINDSONG PCS TO HELP PROMOTE AND FACILITATE SOCCER PROGRAMS IN DULUTH. -- PASSED

04-0228R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE OVER THE HILL NIGHT RIDERS SNOWMOBILE CLUB FOR GROOMING THE CROSS-CITY SNOWMOBILE TRAIL-WEST FOR AN AMOUNT NOT TO EXCEED $5,000. -- PASSED

04-0229R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DRIFT TOPPERS SNOWMOBILE CLUB FOR GROOMING THE CROSS-CITY SNOWMOBILE TRAIL-EAST FOR AN AMOUNT NOT TO EXCEED $15,000. -- PASSED

04-0235R - RESOLUTION CHANGING ADMISSION RATES AT THE ZOO. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

COMMITTEE 1

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0251R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE INTOXICATING LIQUOR LICENSES AND ON SALE SUNDAY LICENSES TO GRANDMA'S SPORTS BAR & GRILL, INC. (BELLISIO'S ITALIAN RESTAURANT), 425 LAKE AVENUE SOUTH; BAYFRONT BBQ, INC. (FAMOUS DAVE'S), 355 LAKE AVENUE SOUTH; NUTTY MEGS, INC. (NUTTY MEGS CAFÉ), 22 EAST SUPERIOR STREET; LAKE AVENUE CAFÉ, INC. (LAKE AVENUE CAFÉ), 394 LAKE AVENUE SOUTH; MICHAEL MAXIM, JR/SR (SHARKS), 327 WEST SUPERIOR STREET AND COLUMBA RAMOS (MAYA FAMILY MEXICAN RESTAURANT), 1725 MILLER TRUNK HIGHWAY. (REPLACEMENT) -- PASSED UNANIMOUSLY

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0217R - RESOLUTION ACCEPTING THE NEEDS ASSESSMENT FOR HOMELESS AND PRECARIOUSLY HOUSED AMERICAN INDIANS IN DULUTH ENTITLED "ANISHINABE ABI IN DULUTH" AND ADOPTING RECOMMENDATIONS OF THE AMERICAN INDIAN COMMISSION BASED ON SAID NEEDS ASSESSMENT. -- PASSED UNANIMOUSLY

04-0227R - RESOLUTION APPROVING 2005 LOW-INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN. -- PASSED UNANIMOUSLY

04-0233R - RESOLUTION RECOGNIZING ACCOMPLISHMENTS OF THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND SUPPORTING ITS CONTINUED FUNDING. -- PASSED UNANIMOUSLY

04-0236R - CITY OF DULUTH JOBZ SUB-ZONE RESOLUTION OF APPROVAL TO AUTHORIZE TAX EXEMPTIONS. -- TABLED 5-4 (Atkins, Little, Ness, Reinert)

04-0244R - RESOLUTION AMENDING THE CITIZEN PARTICIPATION PLAN FOR THE HUD-FUNDED COMMUNITY DEVELOPMENT PROGRAM TO MODIFY THE COMMUNITY DEVELOPMENT COMMITTEE'S COMPOSITION AND INCORPORATE THE CONTINUUM OF CARE PROCESS. (REPLACEMENT) -- TABLED 7-2 (Ness, Stewart)

COMMITTEE 1

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0230R - RESOLUTION AUTHORIZING SETTLEMENT OF A LAWSUIT AGAINST THE CITY BY THE MINNESOTA CIVIL LIBERTIES UNION. -- AMENDED AND PASSED 5-4 (Atkins, Little, Ness, Stewart)

COMMITTEE 3

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0218R - RESOLUTION AUTHORIZING PARTICIPATION IN THE FINANCIAL CRIMES TASK FORCE. -- PASSED UNANIMOUSLY

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0263R - RESOLUTION RECOMMENDING VARIOUS ACTIONS TO IMPROVE RENTAL HOUSING USE IN THE CITY. (REPLACEMENT) -- TABLED UNANIMOUSLY

04-0265R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO PROVIDE FOR A CITIZEN ADVISORY BODY. (REPLACEMENT) -- TABLED UNANIMOUSLY

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

The following entitled ordinances were read for the first time:

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-022-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADDING A NEW SECTION 50-37 TO PROVIDE FOR REGULATORY CONTROLS FOR DESIGNATED AREA DEVELOPMENTS. -- 1st READING

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-016-O - AN ORDINANCE AMENDING ORDINANCE 9586 AMENDING TRADITIONAL NEIGHBORHOOD DISTRICT NO. 2, PROPERTY BOUNDED ON THE NORTH BY 13TH STREET, ON THE EAST BY CENTRAL ENTRANCE, ON THE SOUTH BY 11TH STREET AND ON THE WEST BY SECOND AVENUE WEST (HOUSING AND REDEVELOPMENT AUTHORITY). -- 1st READING

04-020-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADDING A NEW SECTION 50-37 TO PROVIDE FOR THE REGULATORY CONTROLS FOR PLANNED UNIT DEVELOPMENTS. -- 1st READING

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-017-O - AN ORDINANCE AMENDING SECTION 29C-5 AND ADDING NEW ARTICLE II TO CHAPTER 29C OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO HUMAN RIGHTS; ESTABLISHING A HUMAN RIGHTS ORDINANCE WHICH IS HUD COMPLIANT, AS AUTHORIZED BY LAWS OF MINNESOTA, 2000, CHAPTER 402. -- 1st READING

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-018-O - AN ORDINANCE AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY FOR SALE OF TEN COMMANDMENTS MONUMENT AND PROPERTY ON WHICH IT IS LOCATED. -- 1st READING

The following entitled ordinances were read for the second time:

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-012-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 28, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, SINGLE FAMILY RESIDENTIAL, TO C-4, BUSINESS CENTER COMMERCIAL DISTRICT, PROPERTY LOCATED AT 24 WILLOW STREET (ERLEMEIER/BAKER/LARSON). -- FAILED 2-7 (Atkins, Stover)

04-013-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 17, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM M-1, MANUFACTURING, TO C-2, HIGHWAY COMMERCIAL DISTRICT, PROPERTIES LOCATED ALONG THE LOWER SIDE OF GRAND AVENUE BETWEEN 41ST AND 42ND AVENUES WEST (ESLER, ET AL.). (REPLACEMENT) -- PASSED UNANIMOUSLY

04-015-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF LINCOLN PARK TOOLHOUSE TO DEDA FOR $233,000. (REPLACEMENT) -- PASSED UNANIMOUSLY

COMMITTEE 3

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-014-O - AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 43-33.3 CONCERNING PROPERTIES NOT HAVING A CERTIFICATE OF NONCONTRIBUTION. -- PASSED UNANIMOUSLY

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