ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, September 27, 2004

 

ROLL CALL -- ALL PRESENT

 

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RESOLUTIONS TABLED

 

COMMITTEE 1

 

BY COUNCILOR NESS                                        (FINANCE)

 

04-0637R - RESOLUTION SETTING FEE FOR COMMERCIAL USE PERMIT.  (REPLACEMENT) (TABLED 9/13 FOR CONSIDERATION WITH COMPANION ORDINANCE 04-059-O) -- 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 9/13 FOR CONSIDERATION WITH COMPANION ORDINANCE 04-054-O) -- FAILED 1-8 (Gilbert)

 

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 9/13 FOR CONSIDERATION WITH COMPANION ORDINANCE 04-054-O) -- FAILED 1-8 (Gilbert)

 

04-0603R - RESOLUTION VACATING AN UNIMPROVED ALLEY EASEMENT WEST OF KENWOOD AVENUE AND SOUTH OF ARROWHEAD ROAD (DULUTH TEACHERS CREDIT UNION). (TABLED 9/13 FOR CONSIDERATION WITH COMPANION ORDINANCE 04-054-O) -- PASSED 8-1 (Gilbert)

 

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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)

 

04-0635R - RESOLUTION CONFIRMING THE ASSESSMENT ROLL LEVIED TO DEFRAY IN FULL THE EXPENSE OF SOLID WASTE COLLECTION DURING THE PERIOD OF JUNE 1, 2003, TO JUNE 1, 2004, FOR WHICH THE LICENSED COLLECTOR HAS NOT BEEN REIMBURSED AS PROVIDED FOR IN CHAPTER 24 OF THE DULUTH CITY CODE. -- PASSED

 

04-0661R - RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, STATING THE INTENT TO ISSUE GROSS REVENUE RECREATION FACILITY REFUNDING BONDS (MUNICIPAL GOLF COURSES), SERIES 2004. -- PASSED

 

BY COUNCILOR STEWART               (PURCHASING & LICENSING)

 

04-0641R - RESOLUTION APPROVING A CHANGE ORDER (C.O.) #1, IN AN AMOUNT OF $14,200, TO A CONSTRUCTION CONTRACT WITH MAX GRAY CONSTRUCTION, INC., FOR CONSTRUCTION OF HANDRAILS AT CITY HALL AND RELATED SITEWORK. -- PASSED

 

04-0650R - RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MINNESOTA MUTUAL LIFE TO PROVIDE LIFE INSURANCE FOR CITY EMPLOYEES DURING THE YEAR 2005, AT AN ESTIMATED COST OF $212,009. -- PASSED

  

BY COUNCILOR JOHNSON                            (PERSONNEL)

 

04-0638R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF WATER QUALITY SPECIALIST. -- PASSED

 

04-0639R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF FINANCIAL ANALYST. -- PASSED

 

COMMITTEE 2

 

BY COUNCILOR GILBERT      (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0646R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO JAMES KING, SR. FOR SEASONAL CAMPSITES AT SPIRIT LAKE MARINE, INC., LOCATED AT 121 SPRING STREET IN RIVERSIDE (SPIRIT LAKE MARINE, INC.). -- PASSED

 

04-0647R - RESOLUTION VACATING STREET EASEMENTS ON CONTIGUOUS PROPERTY LOCATED NORTH OF OHIO STREET, SOUTH OF BUFFALO STREET, EAST OF BROADWAY AVENUE, AND WEST OF TRIGGS AVENUE INCLUDING PORTIONS OF TOLEDO AND NIAGARA STREETS AND PORTIONS OF VIRGINIA, KENTUCKY AND KENNEBEC AVENUES (COLLEGE OF SAINT SCHOLASTICA). -- PASSED

 

04-0648R - RESOLUTION VACATING THE STREETS AND ALLEYS IN PORTIONS OF BLOCKS 2 THROUGH 5, MORGAN PARK FIRST ADDITION (CITY OF DULUTH). -- PASSED

 

04-0671R - RESOLUTION AWARDING CONTRACT TO HOVLAND, INC., FOR ALLEY PEDESTRIAN CURB RAMPS IN THE AMOUNT OF $61,332. -- PASSED

 

04-0672R - RESOLUTION AUTHORIZING AN AGREEMENT WITH ARCHITECTURAL RESOURCES, INC. FOR SERVICES IN DEVELOPING THE WOODLAND BUSINESS DISTRICT PLAN. -- PASSED

  

COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0642R - RESOLUTION OF INTENT TO CONSTRUCT 150 FEET OF SANITARY SEWER ACROSS TRINITY ROAD BEGINNING 710 FEET NORTH OF SOUTH ARLINGTON AVENUE INTERSECTION TO SERVE NORTHSTAR BAPTIST CHURCH AT 1315 SOUTH ARLINGTON AVENUE (CITY JOB NO. 0452SN). -- PASSED

 

04-0644R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF RYAN PATRICK AND KATHLEEN JOHNSON IN THE AMOUNT OF $13,495.53. -- PASSED

 

04-0645R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF AMERICAN FAMILY INSURANCE, AS SUBROGEE OF LINDA LATOUR, IN THE AMOUNT OF $10,000. -- PASSED

 

04-0657R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF JOCELYN A. THOMPSON IN THE AMOUNT OF $75,000. -- PASSED

 

04-0658R - RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY 150 FEET OF SANITARY SEWER ACROSS TRINITY ROAD BEGINNING APPROXIMATELY 710 FEET NORTH OF SOUTH ARLINGTON AVENUE INTERSECTION TO SERVE NORTHSTAR BAPTIST CHURCH AT 1315 SOUTH ARLINGTON AVENUE AT AN ESTIMATED COST OF $13,000 (CITY JOB NO. 0452SN). -- PASSED

 

04-0659R - RESOLUTION OF INTENT TO CONSTRUCT PERMANENT STREETS, SANITARY AND STORM SEWERS, WATER MAINS AND GAS MAINS IN MIDDLE ROAD AND MIDDLE LANE FROM HOWARD GNESEN ROAD NORTHWESTERLY TO CUL-DE-SAC (CITY JOB NO. 0392TR). -- PASSED

 

04-0660R - RESOLUTION OF INTENT TO CONSTRUCT 850 FEET OF SANITARY SEWER AND 700 FEET OF WATER MAIN EASTERLY FROM TRINITY ROAD TO SERVE PROPERTIES AT 3330, 3400 AND 3408 TRINITY ROAD. -- PASSED

 

04-0662R - RESOLUTION ORDERING THE CONSTRUCTION OF PERMANENT STREETS, SANITARY AND STORM SEWERS, WATERMAINS AND GAS MAINS IN MIDDLE ROAD AND MIDDLE LANE FROM HOWARD GNESEN ROAD NORTHWESTERLY TO CUL-DE-SAC AT AN ESTIMATED COST OF $898,000 (CITY JOB NO. 0392TR). -- PASSED

 

 

04-0669R - RESOLUTION AWARDING CONTRACT TO ACME ALTERNATE FUEL SYSTEMS FOR L.P. GAS CONVERSION, IN THE AMOUNT OF $39,435.64. -- PASSED

 

04-0670R - RESOLUTION AWARDING CONTRACT TO LARSON CHEVROLET-OLDS FOR ONE TRUCK CAB AND CHASSIS, IN THE AMOUNT OF $41,104.98. -- PASSED

 

04-0674R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE ST. LOUIS AND LAKE COUNTY REGIONAL RAILROAD AUTHORITY FOR USE OF ITS RIGHT-OF-WAY IN CONJUNCTION WITH THE LAKESIDE SANITARY SEWAGE STORAGE FACILITY. -- PASSED

 

BY COUNCILOR LITTLE                               (PUBLIC SAFETY)

 

04-0665R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, IN THE AMOUNT OF $3,000 TO PROVIDE FOR OVERTIME COSTS FOR POLICE PERSONNEL ASSOCIATED WITH ADDITIONAL ENFORCEMENT OF ILLEGAL UNDERAGE DRINKING. -- PASSED

 

04-0666R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, IN THE AMOUNT OF $17,500 TO PROVIDE FOR OVERTIME COSTS FOR EXTRA POLICE PATROLS TO ENFORCE TRAFFIC LAWS. -- PASSED

 

04-0667R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE UNITED STATES OF AMERICA, DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $24,575 TO PROVIDE FOR AUTHORIZED EXPENDITURES UNDER THE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM AND TO AUTHORIZE THE EXPENDITURE OF $2,414 IN REQUIRED MATCHING FUNDS. -- PASSED

 

04-0668R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH ST. LOUIS COUNTY, LAKE COUNTY, COOK COUNTY, THE CITY OF TWO HARBORS, THE CITY OF PROCTOR, THE CITY OF HERMANTOWN, AND THE UNIVERSITY OF MINNESOTA DULUTH PROVIDING FOR THE CITY OF DULUTH TO PARTICIPATE IN THE LAKE SUPERIOR DRUG TASK FORCE. -- PASSED

 

COMMITTEE 3

 

BY COUNCILOR REINERT      (RECREATION, LIBRARIES & AUTHORITIES)

 

04-0663R - RESOLUTION CHANGING ADMINISTRATION OF HAWK RIDGE NATURE PRESERVE. -- PASSED

 

END OF CONSENT AGENDA

 

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The following entitled resolutions were also considered:

 

COMMITTEE 2

 

BY COUNCILOR GILBERT      (PLANNING & ECONOMIC DEVELOPMENT)

04-0651R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO ALLOW THE PLACEMENT OF A 14' X 24' ACCESSORY STORAGE SHED ON PROPERTY WITHOUT A MAIN BUILDING ON PROPERTY LOCATED SOUTHEAST OF THE APPLICANT’S DWELLING AT 422 NORTH 19½ AVENUE WEST (RICHARD WEME). -- TABLED

 

04-0652R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO ALLOW THE PLACEMENT OF A 14' X 24' ACCESSORY STORAGE SHED ON PROPERTY WITHOUT A MAIN BUILDING ON PROPERTY LOCATED SOUTHEAST OF THE APPLICANT’S DWELLING AT 422 NORTH 19½ AVENUE WEST (RICHARD WEME). -- TABLED

 

04-0653R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST BY MENARD, INC., FOR A VARIANCE TO ALLOW A GROUND SIGN TO EXCEED THE HEIGHT LIMITATION FOR THE INSTALLATION OF A 100 FOOT HIGH, 250 SQUARE FOOT GROUND SIGN ON PROPERTY LOCATED AT 503 NORTH 50TH AVENUE WEST. -- TABLED

 

04-0654R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST BY MENARD, INC., FOR A VARIANCE TO ALLOW A GROUND SIGN TO EXCEED THE HEIGHT LIMITATION FOR THE INSTALLATION OF A 100 FOOT HIGH, 250 SQUARE FOOT GROUND SIGN ON PROPERTY LOCATED AT 503 NORTH 50TH AVENUE WEST. -- TABLED

 

04-0673R - RESOLUTION APPROVING THE CITY OF DULUTH TAX ABATEMENT POLICY FOR HOUSING DEVELOPMENTS. -- PASSED 8-1 (Stewart)

 

04-0675R - RESOLUTION FOR POLICY AGAINST LAYOFF OF EMPLOYEES. (REPLACEMENT) -- WITHDRAWN

 

BY PRESIDENT STAUBER             (COMMITTEE OF THE WHOLE)

 

04-0676R - RESOLUTION MAKING FINDINGS AND DETERMINATIONS TO OBJECTIONS OF LAND OWNERS' RELATING TO THE DOWNTOWN WATERFRONT SPECIAL SERVICES DISTRICT. -- PASSED 6-3 (Atkins, Little, Stover)

 

COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0664R - RESOLUTION ORDERING THE CONSTRUCTION OF AN EIGHT INCH WATERMAIN IN ETHEL AVENUE FROM SPRINGVALE ROAD TO 365 FEET NORTHERLY AT AN ESTIMATED COST OF $101,200 (City JOB NO. 0456WA). -- TABLED

 

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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)

 

04-063-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $4,300,000 GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL SEWER UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- 1st READING

 

COMMITTEE 2

 

BY COUNCILOR GILBERT      (PLANNING & ECONOMIC DEVELOPMENT)

 

04-061-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 34 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO RECLASSIFY FROM R-1-C, ONE-FAMILY RESIDENTIAL DISTRICT TO R-3, APARTMENT RESIDENTIAL, CONTIGUOUS PROPERTY LOCATED NORTH OF OHIO STREET, SOUTH OF BUFFALO STREET, EAST OF BROADWAY AVENUE, AND WEST OF TRIGGS AVENUE (WILLIAM BURNS, HANFT FRIDE, P.A./COLLEGE OF SAINT SCHOLASTICA). -- 1st READING

 

BY PRESIDENT STAUBER                      (COMMITTEE OF THE WHOLE)

 

04-060-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAPS 29 AND 35 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION OF R-1-C, ONE-FAMILY RESIDENTIAL DISTRICT, AND R-1-B, ONE-FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY LOCATED BETWEEN MESABA AVENUE; AND EAST SKYLINE PARKWAY, SOUTH OF 12TH STREET AND WEST OF FOURTH AVENUE EAST. THE BUENA VISTA MOTEL AND RESTAURANT SITE IS 1144 MESABA AVENUE (NYLEN, MAGIE & STRUM PROPERTIES). -- 1st READING

 

04-064-O - AN ORDINANCE AMENDING CHAPTER 29C OF THE DULUTH CITY CODE, 1959, AS AMENDED, AND THE FAIR HOUSING SUPPLEMENT MADE A PART THEREOF. -- 1st READING

 

COMMITTEE 3

 

BY COUNCILOR LITTLE                               (PUBLIC SAFETY)

 

04-062-O - AN ORDINANCE AMENDING CHAPTER 36 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGULATING PAWNBROKERS. -- 1st READING

 

The following entitled ordinances were read for the second time:

 

COMMITTEE 1

 

BY COUNCILOR NESS                                        (FINANCE)

 

04-056-O - AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 8-22, PROHIBITING OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES. (REPLACEMENT) -- TABLED

 

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

 

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). -- PASSED 8-1 (Gilbert)

 

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.). -- PASSED UNANIMOUSLY

 

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

 

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COUNCILOR QUESTIONS AND COMMENTS