ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, December 6, 2004

 

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES - August 9, 19 and 23, 2004. -- APPROVED

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RESOLUTION TABLED


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-0682R - RESOLUTION ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2005. (REPLACEMENT) (AMENDMENT)  (TABLED 10/12) -- AMENDED & PASSED 6-3 (Atkins, Stauber, Stewart)

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MOTIONS AND RESOLUTIONS


The following entitled resolution was read for the second time:


COMMITTEE 2


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


04-0778R - RESOLUTION AMENDING THE STANDING RULES OF THE CITY COUNCIL; CREATING A NEW RULE 19 REGULATING USE OF ELECTRONIC MAIL. (REPLACEMENT) -- TABLED


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CONSENT AGENDA

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


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-0782R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF CRYSTAL DRIVE DEVELOPMENT AND THE ROSLYN AVENUE SANITARY SEWER AND WATERMAIN REPLACEMENT. -- PASSED


04-0787R - RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2005, TO DECEMBER 31, 2005, OPERATION BUDGET FO THE DULUTH AIRPORT AUTHORITY. -- PASSED


04-0788R - RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2005, TO DECEMBER 31, 2005, OPERATION BUDGET OF THE DULUTH STEAM DISTRICT NO. 2. -- PASSED


04-0790R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH-SUPERIOR PUBLIC ACCESS COMMUNITY TELEVISION, INC., FOR COMMUNITY ACCESS CABLECASTING, TRAINING, PRODUCTION AND ADMINISTRATIVE SERVICES IN 2005 IN THE AMOUNT OF $178,000. -- PASSED


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


04-0753R - RESOLUTION AWARDING CONTRACT TO CORPORATE EXPRESS, INC., FOR OFFICE SUPPLIES AS NEEDED DURING YEAR 2005, YEAR 2006 AND YEAR 2007 IN THE AMOUNT OF APPROXIMATELY $175,000 PER YEAR FOR A THREE YEAR ESTIMATED TOTAL OF $525,000. -- PASSED


04-0766R - RESOLUTION AWARDING CONTRACT TO DULUTH NEWS TRIBUNE AS THE OFFICIAL NEWSPAPER OF THE CITY FOR THE YEAR 2005. -- PASSED


04-0795R - RESOLUTION AWARDING CONTRACT TO AMENDOLA CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION IMPROVEMENTS AT LONGVIEW TENNIS CLUB IN THE AMOUNT OF $28,545. -- PASSED


04-0798R - RESOLUTION AWARDING CONTRACT TO K.T.M. PAVING FOR SNOW PLOWING OF MUNICIPAL PARKING LOTS AND RAMPS AS NEEDED DURING WINTER SEASON YEAR 2004/2005 AT AN ESTIMATED AMOUNT OF $25,000. -- PASSED


04-0803R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO PIEDMONT HEIGHTS HOCKEY ASSOCIATION. -- PASSED


04-0804R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO ARROWHEAD LIMBHANGERS - NWTF AND MUSKIES, INC, LAKE SUPERIOR CHAPTER. -- PASSED


BY COUNCILOR JOHNSON                             (PERSONNEL)


04-0780R - RESOLUTION CONFIRMING THE APPOINTMENT OF ALAN P. JOHNSON TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY, REPLACING SIDNEY R. MASON. -- PASSED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-0768R - RESOLUTION GIVING APPROVAL TO A PROJECT BY RESIDENTIAL SERVICES OF NORTHEASTERN MINNESOTA, INC., UNDER MINNESOTA STATUTES, SECTION 469.152 THROUGH 469.165 AND APPROVING A JOINT POWERS AGREEMENT. -- PASSED


04-0802R - RESOLUTION RATIFYING DENIAL OF A SPECIAL USE PERMIT TO JAMES BECHTHOLD, MINNESOTA TOWER, INC., AND AMERICAN CELLULAR CORPORATION TO ERECT A 195 FOOT TOWER ON PROPERTY LOCATED AT 2901 MORRIS THOMAS ROAD. -- PASSED


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


04-0792R - RESOLUTION IN SUPPORT OF A GRANT APPLICATION TO MINNESOTA’S LAKE SUPERIOR COASTAL PROGRAM FOR MATCHING FUNDS FOR THE CONSTRUCTION OF PHASE II OF THE GRASSY POINT TRAIL. -- PASSED


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-0781R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF WILLIAM G. COSSETTE AND DIANE M. COSSETTE IN THE AMOUNT OF $45,000. -- PASSED


04-0791R - RESOLUTION AUTHORIZING SEASONAL CLOSING OF PORTIONS OF SKYLINE PARKWAY. -- PASSED


04-0793R - RESOLUTION AWARDING CONTRACT TO TWIN CITIES MACK AND VOLVO TRUCK FOR TWO MACK TRUCK CAB AND CHASSIS IN THE AMOUNT OF $198,257.25. -- PASSED


04-0796R - RESOLUTION AWARDING CONTRACT TO MARKHURD, INC., FOR AERIAL PHOTOGRAPHY MAPPING SERVICES IN THE AMOUNT OF $11,780. -- PASSED


04-0800R - RESOLUTION AWARDING CONTRACT TO TWIN CITIES MACK AND VOLVO TRUCK FOR TWO MACK TRUCK CAB AND CHASSIS SINGLE AXLE IN THE AMOUNT OF $175,439.27. -- PASSED


04-0805R - RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR CEDAR RIDGE ESTATES DEVELOPMENT. -- PASSED


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0731R - RESOLUTION TO ESTABLISH NO PARKING ON VARIOUS STREETS. -- PASSED


04-0732R - RESOLUTION TO RESCIND THE DESIGNATION AND ESTABLISHMENT AS A ONE WAY STREET THAT PART OF TENTH STREET BETWEEN PIEDMONT AVENUE AND 22ND AVENUE WEST. -- PASSED


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


04-0794R - RESOLUTION AWARDING CONTRACT TO MINNESOTA ARMY NATIONAL GUARD FOR VOLLEYBALL COURT RENTAL IN THE AMOUNT OF $10,260. -- PASSED


04-0808R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH COMMUNITY GARDEN PROGRAM, INC., ALLOWING THE NONPROFIT CORPORATION TO USE UNMAINTAINED PARKLANDS FOR A COMMUNITY GARDEN AT A RENTAL PRICE OF $50 PER YEAR. -- PASSED


04-0811R - RESOLUTION AMENDING RESOLUTION 03-0813 ESTABLISHING GOLF COURSE RATES. -- PASSED


END OF CONSENT AGENDA


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The following entitled resolutions were also considered:


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-0783R - RESOLUTION APPROVING DEDA’S GENERAL, DEBT SERVICE, CAPITAL PROJECTS AND STOREFRONT LOAN FUND BUDGETS FOR 2005. -- PASSED UNANIMOUSLY


04-0784R - RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND CALLING FOR PUBLIC HEARING ON INTENTION TO ISSUE IMPROVEMENT BONDS UNDER MINNESOTA STATUTES, SECTION 475.521. -- PASSED 7-2 (Stauber, Stewart)

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0815R - RESOLUTION REGARDING A CHANGE IN PROPOSED CITY BUDGET - DULUTH CONVENTION AND VISITORS BUREAU. (AMENDMENT) -- AMENDED & PASSED 5-4 (Atkins, Little, Ness, Stauber)

 

COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-0785R - RESOLUTION DISTRIBUTING THE ESTIMATED 2005 TOURISM TAXES OF HOTEL-MOTEL AND FOOD AND BEVERAGE. -- TABLED

 

04-0786R - RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2005, TO DECEMBER 31, 2005, OPERATION BUDGET OF THE DULUTH TRANSIT AUTHORITY. -- PASSED 7-2 (Reinert, Stauber)

COMMITTEE 2

 

BY COUNCILOR ATKINS                 (INTERGOVERNMENTAL RELATIONS)


04-0809R - RESOLUTION ESTABLISHING THE CITY’S LEGISLATIVE PRIORITIES FOR THE 2005 SESSION OF THE MINNESOTA STATE LEGISLATURE. -- AMENDED & PASSED UNANIMOUSLY


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)

 

04-0810R - RESOLUTION AUTHORIZING THE USE OF $200,000 ANNUALLY OF THE REVENUE FROM THE FOND DU LUTH CASINO FOR THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT. -- PASSED 8-0-1 (Little abstained)


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0789R - RESOLUTION OF INTENT TO CONSTRUCT 2,630 FEET OF SANITARY SEWER WITHIN HOWARD GNESEN ROAD BEGINNING AT MIDDLE ROAD AND EXTENDING NORTHERLY TO NORTON ROAD AND 2,070 FEET OF SANITARY SEWER WITHIN NORTON ROAD BEGINNING AT HOWARD GNESEN ROAD AND EXTENDING WESTERLY. -- FAILED 2-7 (Stewart, Stover)

 

04-0797R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH R.L.K.-KUUSISTO, LTD, FOR CONSTRUCTION OF BUTTERNUT AVENUE IN AN ESTIMATED AMOUNT OF $22,825. -- PASSED UNANIMOUSLY


04-0799R - RESOLUTION AWARDING CONTRACT TO LETOURNEAU AND SONS, INC., FOR CONSTRUCTION OF BUTTERNUT AVENUE IN THE AMOUNT OF $248,666.50. -- PASSED UNANIMOUSLY


BY COUNCILOR REINERT          (RECREATION, LIBRARIES & AUTHORITIES)


04-0801R - RESOLUTION ACCEPTING A CONDITIONAL GIFT FROM LAKE SUPERIOR ZOOLOGICAL SOCIETY IN THE AMOUNT OF $19,133.79 FOR ZOOMOBILE. -- PASSED UNANIMOUSLY


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-069-O - AN ORDINANCE AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 28 AND 34, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE-FAMILY RESIDENTIAL DISTRICT, AND R-1-C, ONE FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY ON THE SOUTHWEST SIDE OF RICE LAKE ROAD, ROUGHLY BETWEEN PECAN AVENUE AND HOMES THAT FRONT ON BLACKMAN AVENUE AND NORTH OF THE UNBUILT DAVIS STREET RIGHT-OF-WAY (MARK LAMBERT/SUMMIT MANAGEMENT, LLC). (TABLED 11/22) -- REMAINED ON TABLE


The following entitled ordinances were read for the first time:


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-072-O - AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2005 APPROPRIATION MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. -- 1st READING


04-073-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2005. -- 1st READING


04-074-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2005. -- 1st READING


04-075-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, SEAWAY PORT AUTHORITY, FOR THE YEAR 2005. -- 1st READING


04-076-O - AN ORDINANCE TO AMEND THE BUDGET OF THE CITY OF DULUTH FOR THE YEAR 2004 INCREASING THE BUDGET AND APPROPRIATING MONIES FOR THE PAYMENT OF SUCH INCREASE. -- 1st READING


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-077-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF UTILITY EASEMENTS FOR A SANITARY SEWER SERVICE LINE SERVING THE LAKEWOOD PUMPING STATION PROPERTY TO THE NORTH SHORE SANITARY DISTRICT. -- 1st READING


The following entitled ordinance was read for the second time:


COMMITTEE 2


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


04-071-O - AN ORDINANCE PERTAINING TO CABLE TELEVISION FRANCHISE. -- PASSED UNANIMOUSLY

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