ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, September 13, 2004

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES - July 12, 19 and 26, 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 NESS                                        (FINANCE)


04-0625R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE SANITARY SEWER LOW PRESSURE FORCE MAIN AT SWENSON AVENUE. -- PASSED


COMMITTEE 1


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


04-0618R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR MEMORIAL BLOOD CENTER AND ANIMAL ALLIES. -- PASSED


04-0620R - RESOLUTION AWARDING CONTRACT TO THE JAMAR COMPANY FOR CONSTRUCTION OF CITY HALL EXTERIOR RESTORATION - PHASE I, IN THE AMOUNT OF $147,500. -- PASSED

 

04-0629R - RESOLUTION AWARDING CONTRACT TO ZIEGLER, INC., FOR ONE CATERPILLAR SKIDSTEER LOADER IN THE AMOUNT OF $36,315.85. -- PASSED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

04-0612R - RESOLUTION TO VACATE PORTIONS OF 53RD AVENUE EAST, WOODLAWN STREET, LESTER STREET AND LESTER ALLEY IN DULUTH (HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH). -- PASSED


04-0631R - RESOLUTION VACATING A PORTION OF VENTURE CIRCLE IN THE AIRPARK AND ACCEPTING THE DEDICATION OF RIGHTS OF WAY FOR THE NECESSARY STREET TERMINATIONS THAT RESULT (DULUTH SEAWAY PORT AUTHORITY). -- PASSED


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


04-0628R - RESOLUTION AUTHORIZING ACCEPTANCE OF A COASTAL MANAGEMENT PROGRAM GRANT FROM MINNESOTA DNR, DIVISION OF WATERS, FOR COASTAL MANAGEMENT EDUCATION PURPOSES IN THE AMOUNT OF $99,000 AND COMMITTING LOCAL SHARE. -- PASSED


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-0598R - RESOLUTION ACCEPTING DONATION OF UTILITY EASEMENT FROM RONALD AND TINA HILL ADJACENT TO PIEDMONT AVENUE. -- PASSED


04-0599R - RESOLUTION AUTHORIZING AN AGREEMENT WITH A&A DEVELOPMENT, INC., FOR THE CONSTRUCTION OF A WATERMAIN ALONG ANDERSON ROAD AND ADRAIN STREET AT A COST OF $31,398.68. -- PASSED


04-0621R - RESOLUTION AWARDING CONTRACT TO VIKING ELECTRIC SUPPLY, INC., FOR CANAL PARK AREA STREET LIGHTS REPLACEMENTS, IN THE AMOUNT OF $12,780. -- PASSED


04-0622R - RESOLUTION AWARDING CONTRACT TO COMO OIL AND PROPANE COMPANY FOR LIQUID PROPANE AND DISTRIBUTION, IN THE AMOUNT OF $60,000. -- PASSED


04-0623R - RESOLUTION AWARDING CONTRACT TO NORTHLAND BITUMINOUS INC., FOR BITUMINOUS MATERIALS AS NEEDED FOR YEAR 2004, FOR A TOTAL OF $78,011.25. -- PASSED


04-0624R - RESOLUTION AWARDING CONTRACT TO NATIONAL WATERWORKS, INC., FOR TWO HYDRAULIC SQUEEZE OFF TOOLS, IN THE AMOUNT OF $17,960.16. -- PASSED


04-0626R - RESOLUTION AWARDING CONTRACT TO VIELE CONTRACTING, INC., FOR CONSTRUCTION OF SANITARY SEWER EXTENSION IN HIGHLAND STREET ALLEY, IN THE AMOUNT OF $36,704. -- PASSED


04-0630R - RESOLUTION OF INTENT TO CONSTRUCT AN EIGHT INCH WATERMAIN IN ETHEL AVENUE FROM SPRINGVALE ROAD TO 365 FEET NORTHERLY. -- PASSED

 

04-0636R - RESOLUTION AUTHORIZING PERMIT AGREEMENT WITH ADVENTURE DULUTH LLC FOR THE 2004 ADVENTURE DULUTH RACING ADVENTURE. -- PASSED


END OF CONSENT AGENDA

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The following entitled resolutions were also considered:


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-0606R - RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING AT WHICH THE DULUTH CITY COUNCIL WILL ADOPT ITS FINAL BUDGET AND TAX LEVY FOR 2005. -- PASSED UNANIMOUSLY


04-0607R - RESOLUTION SETTING A PROPOSED BUDGET FOR THE FISCAL YEAR 2005. -- PASSED UNANIMOUSLY


04-0608R - RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2005. -- FAILED 4-5 (Gilbert, Johnson, Ness, Stover)


04-0609R - RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2005. -- PASSED UNANIMOUSLY


04-0610R - RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, SEAWAY PORT AUTHORITY, FOR THE YEAR 2005. -- PASSED UNANIMOUSLY


04-0611R - RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, HOUSING AND REDEVELOPMENT AUTHORITY, FOR THE YEAR 2005. -- PASSED UNANIMOUSLY

 

04-0637R - RESOLUTION SETTING FEE FOR COMMERCIAL USE PERMIT. (REPLACEMENT) -- TABLED FOR CONSIDERATION WITH COMPANION ORDINANCE ON 9/27

 

BY COUNCILORS STEWART AND REINERT

 

04-0633R - RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2005. -- PASSED UNANIMOUSLY


COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

04-0601R - RESOLUTION DENYING A REZONING PETITION TO DULUTH TEACHERS CREDIT UNION FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ARROWHEAD ROAD AND KENWOOD AVENUE

(DULUTH TEACHERS CREDIT UNION - JOHN WESTLUND). -- TABLED FOR CONSIDERATION WITH COMPANION ORDINANCE ON 9/27


04-0602R - RESOLUTION DENYING A VACATION OF AN UNIMPROVED ALLEY EASEMENT WEST OF KENWOOD AVENUE AND SOUTH OF ARROWHEAD ROAD (DULUTH TEACHERS CREDIT UNION). -- TABLED FOR CONSIDERATION WITH COMPANION ORDINANCE ON 9/27


04-0603R - RESOLUTION VACATING AN UNIMPROVED ALLEY EASEMENT WEST OF KENWOOD AVENUE AND SOUTH OF ARROWHEAD ROAD (DULUTH TEACHERS CREDIT UNION). -- TABLED FOR CONSIDERATION WITH COMPANION ORDINANCE ON 9/27


04-0605R - RESOLUTION APPROVING THE PRIORITIZATION OF PROJECTS TO RECEIVE 2005 LOW INCOME HOUSING TAX CREDITS. -- AMENDED & PASSED UNANIMOUSLY

 

04-0613R - RESOLUTION APPROVING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 23 IN DEDA’S HOUSING DEVELOPMENT DISTRICT AS PROPOSED BY THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. -- PASSED 8-1 (Reinert)

 

04-0634R - RESOLUTION AUTHORIZING REFERENDUM ON DULUTH’S PUBLIC SMOKING ORDINANCE, STATING THE REFERENDUM QUESTION FOR THE BALLOT, AND SETTING THE TIME THEREFORE AS THE GENERAL ELECTION ON NOVEMBER 2, 2004. -- PASSED 5-4 (Atkins, Little, Stewart, Stover)

 

04-0640R - RESOLUTION ESTABLISHING A DISABLED PARKING SPACE. -- WITHDRAWN

BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


04-0615R - RESOLUTION REQUESTING REDUCTION IN SALARY OF HEADS OF CITY DEPARTMENTS. -- WITHDRAWN


04-0616R - RESOLUTION AUTHORIZING RENTAL AGREEMENT BETWEEN THE CITY AND NARCOTICS ANONYMOUS. -- PASSED UNANIMOUSLY


04-0617R - RESOLUTION REDUCING THE BUDGET OF THE CITY COUNCIL BY 20 PERCENT AND REQUESTING THE CHARTER COMMISSION TO REDUCE PAY OF CITY COUNCILORS. -- RESOLUTION SPLIT: (a) PASSED UNANIMOUSLY; (b) FAILED 3-6 (Atkins, Ness, Stauber)


04-0619R - RESOLUTION AMENDING RESOLUTION 01-0077 AND RESOLUTION 04-0522, REDUCING THE SALARY OF THE MAYOR AND THE ADMINISTRATIVE ASSISTANT BY 20 PERCENT. -- AMENDED & FAILED 2-7 (Atkins, Stauber)


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


04-0595R - RESOLUTION PROVIDING FOR THE IMPOSITION OF SERVICE CHARGES WITHIN THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT. -- PASSED 7 - 1 (Stover) - 1 (Little abstained)


04-0596R - RESOLUTION AUTHORIZING ENTERING INTO A SERVICE CONTRACT WITH THE GREATER DOWNTOWN COUNCIL TO PROVIDE SERVICES TO IMPLEMENT THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT. -- PASSED 7 - 1 (Stover) - 1 (Little abstained)


04-0614R - RESOLUTION AUTHORIZING ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH THE GREATER DOWNTOWN COUNCIL SETTING FORTH THE ESTABLISHED LEVEL OF SERVICES FOR THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT. -- PASSED 7 - 1 (Stover) - 1 (Little abstained)


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


The following entitled ordinances were read for the first time:


COMMITTEE 1


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


04-056-O - AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 8-22, PROHIBITING OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES. -- 1st READING

 

04-059-O - AN ORDINANCE AMENDING SECTION 21-6 OF THE DULUTH CITY CODE, 1959, AS AMENDED, AUTHORIZING COLLECTION OF FEES. -- 1st READING


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-054-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 37 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-C, ONE FAMILY RESIDENTIAL, TO C-1, COMMERCIAL, PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ARROWHEAD ROAD AND KENWOOD AVENUE (DULUTH TEACHERS CREDIT UNION). -- 1st READING


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-055-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAPS NO. 35 AND NO. 38 AS CONTAINED IN THE APPENDIX TO CHAPTER 50,TO PROVIDE FOR THE RECLASSIFICATION FROM R-3 APARTMENT RESIDENTIAL TO R-4, APARTMENT RESIDENTIAL, PROPERTY BOUNDED BY EAST THIRD STREET, EAST FOURTH STREET, 17TH AVENUE EAST, AND 18TH AVENUE EAST (DANIEL KING, ET AL.). -- 1st READING


04-057-O - AN ORDINANCE AUTHORIZING RECONVEYANCE OF PROPERTY IN ENDION DIVISION TO STATE OF MINNESOTA FOR LAKEWALK TOWNHOMES PROJECT. -- 1st READING


The following entitled ordinances were read for the second 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. -- PASSED UNANIMOUSLY


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). -- PASSED 7-2 (Stewart, Stover)


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). -- PASSED UNANIMOUSLY


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


04-053-O - AN ORDINANCE ESTABLISHING THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT. -- AMENDED & PASSED 7 - 1 (Stover) - 1 (Little abstained)


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