ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, July 26, 2004

ROLL CALL -- ALL PRESENT

- - -

 

RESOLUTIONS TABLED

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0434R - RESOLUTION APPROVING THE CITY OF DULUTH TAX ABATEMENT FINANCING POLICY FOR HOUSING DEVELOPMENTS. (TABLED 6/28 FOR 8/2 COMMITTEE MEETING) -- REMAINED ON TABLE

 

04-0468R - RESOLUTION AMENDING RESOLUTION NO. 77-217 AND THE SPECIAL USE PERMIT GRANTED TO PIEDMONT HEIGHTS DENTAL ASSOCIATES II, ELIMINATING THE 40 YEAR EXPIRATION DATE (PIEDMONT HEIGHTS DENTAL ASSOCIATES II C/O G.W. HARRIES). -- PASSED

 

04-0469R - RESOLUTION DENYING A CONCURRENT USE PERMIT REQUEST FROM PIEDMONT HEIGHTS DENTAL ASSOCIATES II TO CONSTRUCT AND MAINTAIN PARKING SPACES FOR PRIVATE USE IN THE ENSIGN STREET PUBLIC RIGHT-OF-WAY (PIEDMONT HEIGHTS DENTAL ASSOCIATES II C/O GW HARRIS).  -- FAILED 2-7 (Ness, Reinert)                                         

 

04-0478R - RESOLUTION AMENDING RESOLUTION NO. 77-217 AND THE SPECIAL USE PERMIT GRANTED TO PIEDMONT HEIGHTS DENTAL ASSOCIATION (PIEDMONT HEIGHTS DENTAL ASSOCIATES II C/O G.W. HARRIES). -- PASSED

 

- - -

 

MOTIONS AND RESOLUTIONS

 

CONSENT AGENDA

All matters listed under the consent agenda were enacted by one unanimous motion.

 

COMMITTEE 1

 

BY COUNCILOR NESS                                        (FINANCE)

 

04-0505R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF $4,785,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 2004B, AND $945,000 GENERAL OBLIGATION AIRPARK IMPROVEMENT BONDS, SERIES 2004C. -- PASSED

 

04-0512R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE FULL DEVELOPMENT FOR HARTLEY ESTATES III. -- PASSED

 

04-0519R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND ITS CONFIDENTIAL BARGAINING UNIT FOR YEAR 2003. -- PASSED

 

04-0520R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND ITS CONFIDENTIAL BARGAINING UNIT FOR THE YEARS 2004, 2005 AND 2006. -- PASSED

 

04-0522R - RESOLUTION AUTHORIZING EMPLOYMENT CONTRACT WITH THE ADMINISTRATIVE ASSISTANT. -- PASSED

 

04-0526R - RESOLUTION ESTABLISHING SALARIES AND FRINGE BENEFITS FOR THE CITY ATTORNEY, ASSISTANT CITY ATTORNEYS, AND THE EQUAL OPPORTUNITY REPRESENTATIVE FOR YEARS 2004, 2005 AND 2006. -- PASSED

 

 

BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

04-0495R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO BEERHUNTERS SOFTBALL TEAM, WHEELER FIELD; WOODLAND FASTPITCH ASSOCIATION (JIMMY HERALD MEMORIAL TOURNAMENT), WOODLAND AVENUE AND ANOKA STREET; AND COPASETIC SOFTBALL TEAM, WHEELER FIELD. -- PASSED

 

04-0496R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSES OF VARIOUS LICENSEES. -- PASSED

 

04-0497R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE LICENSED PREMISES OF THE ON SALE INTOXICATING LIQUOR LICENSES OF LEGACY RESTAURANT, INC. (DULUTH ATHLETIC CLUB BAR & GRILL), 21 NORTH FOURTH AVENUE WEST, AND JUST TAKE ACTION, INC. (FITGER’S BREWHOUSE), 600 EAST SUPERIOR STREET. -- PASSED

 

04-0498R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING OFF SITE PREMISE PERMIT TO NATIONAL MULTIPLE SCLEROSIS SOCIETY-MINNESOTA CHAPTER. -- PASSED

 

04-0513R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF WIZNER COMPANY (NORMAN’S), 113 WEST FIRST STREET. -- PASSED

 

BY COUNCILOR JOHNSON                             (PERSONNEL)

 

04-0485R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF UTILITY SERVICE JOURNEYPERSON. -- PASSED

 

04-0486R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF UTILITY SERVICEPERSON. -- PASSED

 

04-0489R - RESOLUTION CONFIRMING THE APPOINTMENTS OF WILLIAM FLANNAGAN AND STEPHANIE LEANZA-WELCH TO THE COMMISSION ON DISABILITIES, REPLACING DEBRA ANDERSON AND ANNETTE PORT. -- PASSED

 

04-0490R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF CHARLES THOMPSON AND ANTHONY YUNG TO THE COMMUNITY DEVELOPMENT COMMITTEE. -- PASSED

 

04-0491R - RESOLUTION CONFIRMING THE APPOINTMENTS OF JOHN BEYER AND ROBIN ROESER TO THE DEFERRED COMPENSATION PLAN COMMISSION, REPLACING JOHN HALL AND JOHN BEYER. -- PASSED

 

04-0492R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF JOHN BRAY AND MARSHA SIGNORELLI, AND THE APPOINTMENT OF MARK J. EMMEL, REPLACING GARY KELLEHER, TO THE DULUTH STATE CONVENTION CENTER ADMINISTRATIVE BOARD. -- PASSED

 

04-0493R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF RICHARD W. TOWEY AND THE APPOINTMENT OF AARON R. BRANSKY, REPLACING FRANK MESSINA, TO THE DULUTH TRANSIT AUTHORITY. -- PASSED

 

04-0494R - RESOLUTION CONFIRMING THE APPOINTMENT OF REBECCA PITTNER TO THE ENVIRONMENTAL ADVISORY COUNCIL, REPLACING STANLEY D. McPEEK. -- PASSED

 

04-0504R - RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF CRIMINAL INTELLIGENCE ANALYST AND SPECIFYING CONTRACT BENEFITS FOR SAME. -- PASSED

 

04-0506R - RESOLUTION CONFIRMING THE APPOINTMENT OF VIRGIL SWING TO THE BOARD OF ZONING APPEALS, REPLACING JOHN HINZMANN, JR. -- PASSED

 

04-0507R - RESOLUTION CONFIRMING THE APPOINTMENT OF JOAN J. MORRISON TO THE TECHNICAL DESIGN ADVISORY COMMITTEE FOR THE DOWNTOWN WATERFRONT MIXED USE-DESIGN REVIEW DISTRICT, REPLACING KARL WASSON. -- PASSED

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0508R - RESOLUTION VACATING ALLEY BETWEEN IRWIN AVENUE AND SIMONDS AVENUE SOUTH OF ASH STREET AND NORTH OF GODOLPHIN STREET IN BAY VIEW HEIGHTS (LINDBERG). -- PASSED

 

04-0511R - RESOLUTION GRANTING CONDITIONAL APPROVAL TO A SPECIAL USE PERMIT REQUEST BY DAVID BELL OF FREEDOM DEVELOPMENT AND CONSULTING, INC., FOR A LOW DENSITY PLANNED DEVELOPMENT ON PROPERTY LOCATED AT 9320 GRAND AVENUE. -- PASSED

 

04-0516R - RESOLUTION TRANSFERRING FUNDS IN THE AMOUNT OF $14,518 WITHIN THE 2001 AND 2003 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS. -- PASSED

 

COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0500R - RESOLUTION OF INTENT TO CONSTRUCT 400 FEET OF SANITARY SEWER IN TRINITY ROAD BEGINNING 1050 FEET SOUTH OF MALL DRIVE AND EXTENDING SOUTHERLY AND EASTERLY (CITY JOB NO. 0466SN). -- PASSED

 

04-0518R - RESOLUTION AUTHORIZING PAYMENT TO MENARD, INC. FOR THE CITY’S SHARE OF COSTS ASSOCIATED WITH THE RECONSTRUCTION OF A SEGMENT OF ELINOR STREET AND OTHER PUBLIC IMPROVEMENTS RELATED TO THE REDEVELOPMENT OF THE MENARDS STORE IN WEST DULUTH, IN THE AMOUNT OF $17,500. -- PASSED

 

04-0521R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR STREET CONSTRUCTION OF SUPERIOR STREET AND PIEDMONT AVENUE IN THE AMOUNT OF $502,613.68. -- PASSED

 

04-0525R - RESOLUTION AWARDING CONTRACT TO SHEL/DON REPRODUCTION FOR ONE COPIER/SCANNER/PRINTER SYSTEM IN THE AMOUNT OF $34,490.03. -- PASSED

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

04-0499R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN WEST DULUTH ON AUGUST 6, 2004, IN CONJUNCTION WITH SPIRIT VALLEY DAYS AND SUBJECT TO CERTAIN CONDITIONS. -- PASSED

 

04-0517R - RESOLUTION TO ESTABLISH A ONE-STALL HANDICAPPED PARKING ZONE AT FRONT OF 2959 DEVONSHIRE STREET. -- PASSED

END OF CONSENT AGENDA

- - -

 

The following entitled resolutions were also considered:

 

COMMITTEE 1

 

BY COUNCILOR NESS                                        (FINANCE)

 

04-0532R - RESOLUTION IN SUPPORT OF THE IMMEDIATE RELEASE OF MAMUN AL-HUMSI. -- AMENDED & PASSED UNANIMOUSLY

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0510R - RESOLUTION VACATING THE ALLEY BETWEEN BLOCKS 7 AND 8 OF HUNTERS GRASSY POINT ADDITION, THIRD DIVISION (KOSKI/ WKK, INC.). -- TABLED FOR CONSIDERATION WITH ORD. 04-045-O

 

04-0514R - RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY LOCATED AT 2839 AND 2843 PIEDMONT AVENUE, 2531 AND 2535 NANTICOKE STREET AND 15 RINDAHL LANE (KALL AND ROGERS). -- TABLED FOR CONSIDERATION WITH ORD. 04-046-O

 

04-0515R - RESOLUTION DENYING A REZONING PETITION TO RECLASSIFY FROM R-2, TWO-FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 69TH AVENUE WEST AND SHERBURNE STREET (KOSKI/WKK, INC.). -- TABLED FOR CONSIDERATION WITH ORD. 04-045-O

 

BY PRESIDENT STAUBER                  (COMMITTEE OF THE WHOLE)

 

04-0531R - RESOLUTION DESIGNATING USE OF FUNDS - SPECIAL PROJECT FUND. -- PASSED UNANIMOUSLY

 

COMMITTEE 3

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

04-0524R - RESOLUTION IN SUPPORT OF NATIONAL NIGHT OUT TO BE HELD ON AUGUST 3, 2004.-- PASSED UNANIMOUSLY

 

- - -

 

INTRODUCTION AND CONSIDERATION OF ORDINANCES

 

The following entitled ordinances were read for the first time:

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-045-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 12 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO RECLASSIFY FROM R-2, TWO-FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 69TH AVENUE WEST AND SHERBURNE STREET (KOSKI/WKK, INC.)-- 1st READING

 

04-046-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 19 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY LOCATED AT 2839 AND 2843 PIEDMONT AVENUE, 2531 AND 2535 NANTICOKE STREET AND 15 RINDAHL LANE (KALL AND ROGERS).-- 1st READING

 

The following entitled ordinance was read for the second time:

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-044-O - AN ORDINANCE GRANTING TO PIEDMONT HEIGHTS DENTAL ASSOCIATES II A CONCURRENT USE PERMIT TO CONSTRUCT AND MAINTAIN PARKING SPACES FOR PRIVATE USE IN THE ENSIGN STREET PUBLIC RIGHT-OF-WAY (PIEDMONT HEIGHTS DENTAL ASSOCIATES II, C/O GW HARRIS). -- PASSED UNANIMOUSLY

- - -