ACTIONS
DULUTH CITY COUNCIL MEETING

Tuesday, October 12, 2004, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota


ROLL CALL -- ABSENT: President Stauber

 

- - -


RESOLUTIONS TABLED


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 9/27) -- PASSED 6-2-1 (Atkins, Gilbert)


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 9/27) -- FAILED 2-6-1 (Atkins, Gilbert)


04-0653R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST BY MENARDS 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 9/27) -- REMAINED ON TABLE


04-0654R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST BY MENARDS 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 9/27) -- REMAINED ON TABLE


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 9/27) -- PASSED UNANIMOUSLY


- - -


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)

 

04-0698R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO LINCOLN PARK BUSINESS GROUP AND MINNESOTA FRATERNAL ORDER OF POLICE AND WAIVING THE 60 DAY WAITING PERIOD. -- PASSED

 

04-0699R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO ADOPT - A DENFELD ORGAN PROJECT. -- PASSED

 

04-0700R - RESOLUTION ISSUING AN ON SALE SUNDAY INTOXICATING LIQUOR LICENSE TO DWAYNE & KIMBERLY, INC.(THE KOM ON INN), 332 NORTH 57TH AVENUE WEST. -- PASSED


BY COUNCILOR JOHNSON                             (PERSONNEL)


04-0632R - RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF ENVIRONMENTAL PROJECTS COORDINATOR AND SPECIFYING CONTRACT BENEFITS FOR SAME. -- PASSED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-0679R - RESOLUTION VACATING A PORTION OF 42ND AVENUE WEST LOCATED SOUTH OF GRAND AVENUE (A&L PROPERTIES). -- PASSED


04-0683R - RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE CDBG PROPERTY REHABILITATION AND HOMEOWNERSHIP SERVICES PROJECT AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES (NHS) EXTENDING THE TERM OF THE AGREEMENT. -- PASSED


04-0684R - RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE HOME PROGRAM HOUSING DEVELOPMENT PROJECTS AGREEMENT WITH HABITAT FOR HUMANITY-DULUTH (HABITAT) EXTENDING THE TERM OF THE AGREEMENT. -- PASSED


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


04-0677R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH LAVONNE R. BERTUCCI, INDEPENDENT LICENSED TEACHER, TO PROVIDE BASIC EDUCATION SERVICES AT THE DULUTH WORKFORCE CENTER AT A COST OF $23,400. -- PASSED


04-0690R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH ST. LOUIS COUNTY TO ACCEPT FUNDS IN ORDER TO PROVIDE MINNESOTA FAMILY INVESTMENT PROGRAM EMPLOYMENT AND TRAINING SERVICES IN THE AMOUNT OF $560,335 FOR THE PERIOD JULY 1, 2004, TO DECEMBER 31, 2004. -- PASSED


COMMITTEE 3

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

04-0681R - RESOLUTION AUTHORIZING ACCEPTANCE OF LAND DONATION IN THE MAGNEY-SNIVELY FOREST AREA FROM THE HEIRS OF JOHN F. AND OLGA LOCKS. -- PASSED


04-0688R - RESOLUTION AWARDING CONTRACT TO ERLING R. HANSEN CONTRACTOR FOR LAKEWOOD PUMP STATION IMPROVEMENT IN THE AMOUNT OF $86,650. -- PASSED


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0691R - RESOLUTION AUTHORIZING PURCHASE OF A MOBILE COMMAND CENTER FROM LDV, INC., FOR $406,613. -- PASSED


END OF CONSENT AGENDA


- - -


The following entitled resolutions were also considered:


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-0682R - RESOLUTION ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2005. -- TABLED

 

04-0703R - RESOLUTION CONCERNING CIVILITY IN POLITICAL CAMPAIGNS. -- PASSED 6-2-1 (Gilbert, Little)


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


04-0689R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF SCANLON RIVER INN, INC. (PIONEER BAR), 323 WEST FIRST STREET. -- PASSED UNANIMOUSLY


BY COUNCILORS STEWART AND NESS

 

04-0702R - RESOLUTION EXPRESSING A DESIRE TO PRESERVE CITY SERVICES AND AVOID LAYOFFS. -- PASSED 7-1-1 (Little)

 

COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

 

04-0655R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 25 FEET TO 19 FEET FOR THE CONSTRUCTION OF AN ADDITION TO THE DWELLING ON PROPERTY LOCATED AT 2635 MINNESOTA AVENUE (ALEX AND BRENDA KRAMER). -- FAILED UNANIMOUSLY


04-0656R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 25 FEET TO 19 FEET FOR THE CONSTRUCTION OF AN ADDITION TO THE DWELLING ON PROPERTY LOCATED AT 2635 MINNESOTA AVENUE (ALEX AND BRENDA KRAMER). -- PASSED UNANIMOUSLY


04-0687R - RESOLUTION MODIFYING REDEVELOPMENT PLAN/MUNICIPAL DEVELOPMENT DISTRICT PROGRAM PLAN DATED MAY 15, 1989. -- PASSED 7-1-1 (Reinert)


04-0692R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM SIDE YARD SETBACK ON A CORNER LOT FROM 15 FEET TO FIVE FEET FOR THE CONSTRUCTION OF AN ADDITION TO THE DWELLING ON PROPERTY LOCATED AT 2635 MINNESOTA AVENUE (ALEX AND BRENDA KRAMER). -- FAILED 3-5-1 (Reinert, Stewart, Stover)


04-0693R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM SIDE YARD SETBACK ON A CORNER LOT FROM 15 FEET TO FIVE FEET FOR THE CONSTRUCTION OF AN ADDITION TO THE DWELLING ON PROPERTY LOCATED AT 2635 MINNESOTA AVENUE (ALEX AND BRENDA KRAMER). -- PASSED 5-3-1 (Reinert, Stewart, Stover)

 

04-0697R - RESOLUTION VACATING PORTIONS OF 27TH STREET SOUTH BETWEEN MINNESOTA AVENUE AND ST. LOUIS HARBOR ON PARK POINT (KRAMER - KOSKI). -- PASSED 7-1-1 (Stewart)

 

04-0701R - RESOLUTION SETTING FEE FOR JOBZ APPLICATION AND MONITORING. -- PASSED UNANIMOUSLY


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-0678R - RESOLUTION REAFFIRMING RESOLUTION 04-0192 ORDERING THE IMPROVEMENT KNOWN AS THE 2005 STREET IMPROVEMENT PROGRAM PURSUANT TO SECTION 612(b) OF THE HOME RULE CHARTER OF THE CITY OF DULUTH AT AN ESTIMATED COST OF $4,608,620. -- TABLED

 

04-0680R - RESOLUTION CONCERNING CITY COUNCILORS’ MEMBERSHIP IN DULUTH AREA CHAMBER OF COMMERCE. (REPLACEMENT) -- TABLED

 

04-0685R - RESOLUTION ORDERING THE CONSTRUCTION OF PERMANENT STREETS, SANITARY AND STORM SEWERS, WATERMAINS AND GAS MAINS IN BUTTERNUT AVENUE FROM HICKORY STREET TO CUL-DE-SAC AT AN ESTIMATED COST OF $234,000 (CITY JOB NO. 0325TR). -- PASSED UNANIMOUSLY

 

BY COUNCILOR REINERT          (RECREATION, LIBRARIES & AUTHORITIES)

 

04-0704R - RESOLUTION REQUESTING DELAY IN DECISION ON CLOSING SCHOOLS. -- WITHDRAWN

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0694R - RESOLUTION AMENDING RESOLUTION 89-0652 ADDING PART OF 34TH AVENUE EAST TO RESIDENTIAL PARKING PERMIT ZONES. -- PASSED UNANIMOUSLY


- - -


INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED


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 9/27) -- PASSED UNANIMOUSLY


The following entitled ordinances were read for the first time:


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-065-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 42 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM S, SUBURBAN, TO R-1-A, ONE-FAMILY RESIDENTIAL DISTRICT, PROPERTY LOCATED EAST OF WOODLAND AVENUE AND NORTH OF PLEASANT VIEW AVENUE (CARLSON/NELSON). -- 1st READING


BY COUNCILORS ATKINS AND STOVER

 

04-066-O - AN ORDINANCE AMENDING ORDINANCE 9688; CREATING AN ADVISORY COMMITTEE FOR THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT. -- 1st READING

 

COMMITTEE 3

 


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-058-O - AN ORDINANCE AUTHORIZING DEDICATION OF A STREET EASEMENT OVER CERTAIN CITY PROPERTY IN THE ENGER PARK AREA AND THE SALE OF THE REMAINDER TO PETER L. AND JUDITH A. GEMUENDEN. -- 1st READING


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


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). -- PASSED UNANIMOUSLY


BY COUNCILOR STEWART (INTRODUCED BY PRESIDENT STAUBER)


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). -- TABLED 7-0-1-1 (Gilbert abstained)


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. -- PASSED UNANIMOUSLY


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. -- TABLED

- - -