ACTIONS

DULUTH CITY COUNCIL MEETING

Monday, August 23, 2004

 

ROLL CALL -- ALL PRESENT

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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 NESS                                        (FINANCE)

 

04-0584R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE 91ST AVENUE WEST SANITARY SEWER EXTENSION. -- PASSED

 

BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

04-0566R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO TESSIER-WALTMAN MEMORIAL FUND (TESSIER-WALTMAN MEMORIAL SOFTBALL TOURNAMENT), WHEELER FIELD AND DULUTH-SUPERIOR GLBT PRIDE, INC. (DULUTH-SUPERIOR GLBT PRIDE FESTIVAL), PARK POINT. -- PASSED

 

04-0567R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE LICENSED PREMISES OF GRANDMA’S, INC. (GRANDMA’S SALOON & DELI), 522 LAKE AVENUE SOUTH. -- PASSED

 

04-0568R - RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO NORTHLAND VIETNAM VETERANS ASSOCIATION, BAYFRONT PARK. -- PASSED

 

04-0569R - RESOLUTION APPROVING THE TRANSFER OF THE OFF SALE 3.2 PERCENT MALT LIQUOR LICENSES OF SPEEDWAY/SUPERAMERICA, LLC (SUPER AMERICA #4360), 3301 WEST ARROWHEAD ROAD, TO HOLIDAY STATIONSTORES, INC. (HOLIDAY STATION STORE #354), SAME ADDRESS, AND SPEEDWAY/SUPERAMERICA, LLC (SUPER AMERICA #4095), 2432 LONDON ROAD, TO HOLIDAY STATIONSTORES, INC. (HOLIDAY STATION STORE #353), SAME ADDRESS. -- PASSED

 

04-0570R - RESOLUTION APPROVING RENEWAL AND ISSUANCE OF ON SALE INTOXICATING LIQUOR, ON SALE SUNDAY INTOXICATING LIQUOR, ADDITIONAL BAR, ON SALE DANCING, 2:00 A.M. BEVERAGE LICENSE, AND LATE HOUR ENTERTAINMENT LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2004, AND ENDING AUGUST 31, 2005. -- PASSED

 

04-0571R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE WINE RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2004, AND ENDING AUGUST 31, 2005. -- PASSED

 

04-0572R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE INTOXICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2004, AND ENDING AUGUST 31, 2005. -- PASSED

 

04-0573R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE CLUB LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2004, AND ENDING AUGUST 31, 2005. -- PASSED

 

04-0574R - RESOLUTION APPROVING THE ISSUANCE OF A BREWERY MALT LIQUOR OFF SALE INTOXICATING LIQUOR RENEWAL LICENSE FOR THE PERIOD BEGINNING SEPTEMBER 1, 2004, AND ENDING AUGUST 31, 2005. -- PASSED

 

BY COUNCILOR JOHNSON                             (PERSONNEL)

 

04-0564R - RESOLUTION CONFIRMING THE APPOINTMENT OF TADD M. JOHNSON TO THE DULUTH HUMAN RIGHTS COMMISSION, REPLACING JAMES PREST. -- PASSED

 

04-0565R - RESOLUTION CONFIRMING THE APPOINTMENT OF ETHAN PERRY TO THE TREE COMMISSION, REPLACING GREGG LILLEJORD. -- PASSED

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0582R - RESOLUTION TO VACATE ALLEY BETWEEN CLAY STREET AND PRINCE STREET EAST OF SKYLINE PARKWAY AND WEST OF 69TH AVENUE WEST IN BAY VIEW HEIGHTS (FLECKENSTEIN). -- PASSED

 

04-0583R - RESOLUTION TO VACATE AN ALLEY WHICH CONNECTS MISSOURI AVENUE AND MISSISSIPPI AVENUE AND AN ALLEY BETWEEN THE FOREGOING ALLEY AND LYONS STREET, EXCEPT FOR THE NORTHERN PORTION IN SUPERIOR VIEW ADDITION (LAWIEN). -- PASSED

 

04-0585R - RESOLUTION TRANSFERRING FUNDS IN THE AMOUNT OF $91,051 BETWEEN THE 2002 AND 2004 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS. -- PASSED

 

04-0592R - RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF ST. LOUIS COUNTY TO WITHHOLD FROM SALE CERTAIN TAX FORFEITED PARCELS (ANNUAL LIST - LANDS TAX FORFEITED IN 2003). -- PASSED

 

BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)

 

04-0534R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO AMEND AN AGREEMENT WITH AND ACCEPT FUNDS FROM HENNEPIN COUNTY FOR THE PROVISION OF DISLOCATED WORKER SERVICES IN THE AMOUNT OF $54,495 FOR THE PERIOD FROM APRIL 7, 2003, THROUGH MARCH 31, 2005. -- PASSED

 

04-0561R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH JOB SERVICES FOR THE PROVISION OF DISLOCATED WORKER SERVICES IN AN AMOUNT NOT TO EXCEED $73,339 FOR THE FEDERAL PROGRAM AND $185,387 FOR THE STATE PROGRAM FOR THE PERIOD OF JULY 1, 2004, THROUGH JUNE 30, 2005. -- PASSED

 

COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0575R - RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY 400 FEET OF SANITARY SEWER IN TRINITY ROAD BEGINNING 1,050 FEET SOUTH OF MALL DRIVE AND EXTENDING SOUTHERLY AND EASTERLY (CITY JOB NO. 0466SN) AT AN ESTIMATED COST OF $45,000. -- PASSED

 

04-0587R - RESOLUTION AWARDING CONTRACT TO DULUTH SUPERIOR ERECTION, INC., FOR SANITARY AND STORM MANHOLE ADJUSTMENT PROGRAM IN THE AMOUNT OF $89,500. -- PASSED

 

04-0588R - RESOLUTION AWARDING CONTRACT TO LETOURNEAU AND SONS, INC., FOR CONSTRUCTION OF STORM SEWER REPLACEMENT IN 63RD AVENUE WEST, IN THE AMOUNT OF $129,460. -- PASSED

 

04-0589R - RESOLUTION AWARDING CONTRACT TO TRAFFIC CONTROL CORPORATION, FOR TRAFFIC SIGNAL CONTROLLER, IN THE AMOUNT OF $25,027.50. -- PASSED

 

04-0590R - RESOLUTION AWARDING CONTRACT TO DULUTH SUPERIOR BLACKTOP FOR BITUMINOUS MATERIALS AS NEEDED FOR YEAR 2004, FOR A TOTAL OF $190,650. -- PASSED

 

04-0591R - RESOLUTION AWARDING CONTRACT TO MUELLER PIPELINERS, INC., FOR CONSTRUCTION OF SIX INCH GAS MAIN AND EIGHT INCH WATER MAIN IN GLENWOOD STREET, IN THE AMOUNT OF $219,387.21. -- PASSED

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

04-0580R - RESOLUTION SETTING FEES FOR DULUTH JUSTICE AND DEFERRAL PROGRAM. -- PASSED

 

04-0581R - RESOLUTION TO ESTABLISH ONE-STALL HANDICAPPED PARKING ZONES AT VARIOUS LOCATIONS. -- PASSED

 

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)

 

04-0576R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE DULUTH AIRPORT AUTHORITY REGARDING PARTICIPATION BY THE AUTHORITY IN THE CITY’S SELF INSURANCE FUND DURING 2004. -- PASSED

 

04-0577R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY REGARDING PARTICIPATION BY THE AUTHORITY IN THE CITY’S SELF INSURANCE FUND DURING 2004. -- PASSED

 

END OF CONSENT AGENDA

 

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The following entitled resolutions were also considered:

 

COMMITTEE 1

 

BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

04-0600R - RESOLUTION REGARDING THE TREATMENT OF DULUTH CITIZENS BY THE SECRET SERVICE OF THE UNITED STATES. -- PASSED 6-3 (Atkins, Little, Stauber)

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0579R - RESOLUTION OF INTENT AND SUPPORT TO AUTHORIZE CONVEYANCE OF CERTAIN PROPERTY IN THE COOK HOME AREA FROM ST. LOUIS COUNTY. -- PASSED UNANIMOUSLY

 

04-0594R - RESOLUTION COMMITTING TO CITY INVOLVEMENT IN THE DULUTH-KROC COMMUNITY CENTER TO BE ESTABLISHED WITH SALVATION ARMY AND THE GIFT OF JOAN KROC. -- PASSED UNANIMOUSLY

 

COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0527R - RESOLUTION AWARDING CONTRACT TO NORTRAX EQUIPMENT COMPANY FOR RENTAL/LEASE OF 14 MOTOR GRADERS IN THE AMOUNT OF $420,462 INCLUDING TAX. -- PASSED 7-2 (Gilbert, Johnson)

 

04-0578R - RESOLUTION ORDERING THE CONSTRUCTION OF WEST SEVENTH STREET FROM APPROXIMATELY 150 FEET EAST OF 21ST AVENUE WEST TO 20TH AVENUE WEST AS PART OF THE 2005 STREET IMPROVEMENT PROGRAM PROJECT - LINCOLN PARK CENTRAL EAST, CITY PROJECT NO. 0347TR, AT AN ESTIMATED COST OF $72,500. -- PASSED UNANIMOUSLY

 

04-0597R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR CONSTRUCTION OF DODGE STREET PUMP STATION AND STORAGE FACILITY IN THE AMOUNT OF $3,779,560. -- PASSED UNANIMOUSLY

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

04-0593R - RESOLUTION REGARDING PAYMENT PROCEDURES. -- FAILED 3-5-1 (Atkins, Little, Stauber; Ness abstained)

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

 

The following entitled ordinances were read for the first time:

 

COMMITTEE 1

 

BY COUNCILOR JOHNSON                             (PERSONNEL)

 

04-050-O - AN ORDINANCE AMENDING CHAPTER 13,SECTION 9, OF THE DULUTH CITY CODE, 1959, AS AMENDED; TO INCREASE THE NUMBER OF MEMBERS OF THE CIVIL SERVICE BOARD NECESSARY TO CONSTITUTE A QUORUM. -- 1st READING

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-051-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAPS NOS. 22, 23 AND 28 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-A, ONE FAMILY RESIDENTIAL, TO C-5, PLANNED COMMERCIAL, PROPERTY LOCATED ALONG MALL DRIVE, SOUTH OF CENTRAL ENTRANCE AND EAST OF TRINITY ROAD (WELSH COMPANIES, LLC). -- 1st READING

 

04-052-O - AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO THE CONGRESS BAR AND GRILL FOR AN AWNING IN THE RIGHT-OF-WAY ADJACENT TO 1334 COMMONWEALTH AVENUE (GARY PETERSON/CONGRESS BAR AND GRILL). -- 1st READING

 

BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)

 

04-053-O - AN ORDINANCE ESTABLISHING THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT. -- 1st READING

 

The following entitled ordinances were read for the second time:

 

COMMITTEE 1

 

BY COUNCILOR NESS                                        (FINANCE)

 

04-049-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS OF THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $1,250,000 FOR THE IMPROVEMENT OF THE DULUTH STEAM PLANT UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- PASSED UNANIMOUSLY

 

COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-048-O - AN ORDINANCE AUTHORIZING LANDFILL CLEANUP AGREEMENT WITH WLSSD, DAA AND MPCA AND GRANT OF EASEMENT AND DECLARATION OF RESTRICTIONS AND COVENANTS IN FAVOR OF MPCA RELATED TO DUMP SITE 2. -- PASSED UNANIMOUSLY

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