ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, April 25, 2005

 

 

ROLL CALL -- ALL PRESENT

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RESOLUTIONS TABLED


COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0209R - RESOLUTION ORDERING THE CONSTRUCTION OF AN EIGHT INCH SANITARY SEWER IN WEST OWATONNA STREET FROM 294 FEET EAST OF KOLSTAD AVENUE TO 490 FEET EAST OF KOLSTAD AVENUE (CITY JOB NO. 0482SN) AND AN EIGHT INCH WATERMAIN IN WEST OWATONNA STREET FROM ELYSIAN AVENUE TO 222 FEET WEST OF ELYSIAN AVENUE (CITY PROJECT NO. 0482WA) AT AN ESTIMATED COST OF $83,700. (TABLED 3/28 FOR MORE INFORMATION) -- PETITION WITHDRAWN BY LANDOWNER - RETURNED TO ADMINISTRATION


05-0246R - RESOLUTION ORDERING THE IMPROVEMENT OF THIRD STREET FROM 19-1/2 AVENUE WEST TO CARLTON STREET (CITY JOB NO. 0123TR) AT AN ESTIMATED COST OF $3,200,000.  (TABLED 4/11 FOR MORE INFORMATION) (AMENDMENT) -- RETABLED AFTER SPEAKERS


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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 STAUBER                                 (FINANCE)


05-0261R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF LAKE AVENUE FROM SECOND ALLEY TO SEVENTH STREET. -- PASSED


05-0262R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF $1,255,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2005A, $1,250,000 GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS, SERIES 2005B, AND $2,275,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005C. -- PASSED


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0233R - RESOLUTION APPROVING THE ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO MARSHALL SCHOOL, 1215 RICE LAKE ROAD, AND GRANDMA’S MARATHON - DULUTH, INC., CANAL PARK DRIVE AND BUCHANAN STREET. -- PASSED


05-0234R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE, DANCING LICENSE AND 2:00 A.M. ALCOHOL BEVERAGE LICENSE OF CW CHIPS GRILL AND BAR, INC. (CW CHIPS GRILL AND BAR), 610 EAST FOURTH STREET, TO CW CHIPS GRILL AND BAR, INC. (TWINS BAR), 501 EAST FOURTH STREET. -- PASSED


05-0235R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2005, AND ENDING APRIL 30, 2006. -- PASSED


05-0236R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2005, AND ENDING APRIL 30, 2006. -- PASSED


05-0238R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND 2:00 A.M. ALCOHOL BEVERAGE LICENSE AND APPLICATION FOR AN ON SALE DANCING LICENSE OF LEGACY RESTAURANTS, INC. (DULUTH ATHLETIC CLUB BAR AND GRILL), 21 NORTH FOURTH AVENUE WEST TO LEGACY RESTAURANTS, INC. (21 NORTH), 402 WEST FIRST STREET. -- PASSED


05-0239R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE AND APPLICATION FOR A 2:00 A.M. ALCOHOL BEVERAGE LICENSE OF LEGACY RESTAURANTS, INC. (DULUTH ATHLETIC CLUB BAR AND GRILL), 351 CANAL PARK DRIVE TO LEGACY RESTAURANTS, INC. (DULUTH ATHLETIC CLUB BAR AND GRILL), 21 NORTH FOURTH AVENUE WEST. -- PASSED


05-0240R - RESOLUTION APPROVING THE ISSUANCE OF 2:00 AM CLOSING LICENSE RENEWALS FOR 3.2 PERCENT MALT LIQUOR LICENSES FOR THE PERIOD BEGINNING MAY 1, 2005, AND ENDING APRIL 30, 2006. -- PASSED


05-0243R - RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND 2:00 A.M. ALCOHOL BEVERAGE LICENSE TO LEGACY RESTAURANTS, INC. (DAC DELI), 11 EAST SUPERIOR STREET. -- PASSED


05-0248R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF LAKE AVENUE CAFÉ, INC. (LAKE AVENUE CAFÉ), 394 LAKE AVENUE SOUTH. -- PASSED


05-0254R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO MINNESOTA LICENSED BEVERAGE ASSOCIATION CHILDREN’S FUND. -- PASSED


05-0255R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR MARSHALL SCHOOL. -- PASSED


BY COUNCILOR JOHNSON                             (PERSONNEL)


05-0251R - RESOLUTION CONFIRMING THE APPOINTMENT OF MARIO HINOJOSA, SR., TO THE COMMUNITY DEVELOPMENT COMMITTEE, REPLACING JOSEPH PERFETTI. -- PASSED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0260R - RESOLUTION VACATING UTILITY EASEMENT IN VACATED ALLEY ADJOINING AND BETWEEN 349 AND 351 CANAL PARK DRIVE (A&L DEVELOPMENT). -- PASSED


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


05-0252R - 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, 2006. -- PASSED


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0265R - RESOLUTION AWARDING CONTRACT TO TRAFFIC CONTROL CORPORATION FOR TRAFFIC SIGNALS/LED IN THE AMOUNT OF $65,223.52. -- PASSED


05-0266R - RESOLUTION AMENDING RESOLUTION 03-0574 AWARDING CONTRACT TO LHB ENGINEERS & ARCHITECTS FOR CHILLER PLANT AND DISTRIBUTION PIPING TO INCREASE THE AMOUNT BY $69,000 FOR A NEW TOTAL OF $269,000. -- PASSED


05-0267R - RESOLUTION ORDERING THE CONSTRUCTION OF EIGHT INCH WATERMAIN IN SURREY AVENUE PURSUANT TO WAIVER AGREEMENTS. -- PASSED


05-0268R - RESOLUTION OF INTENT TO CONSTRUCT A PERMANENT 28 FOOT WIDE STREET WITH TURNAROUND, STORM SEWER, WATERMAIN, GAS MAIN AND SANITARY SEWER MAIN IN 44TH AVENUE WEST FROM GRAND AVENUE TO APPROXIMATELY 360 FEET SOUTHERLY. -- PASSED


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0257R - RESOLUTION TO ESTABLISH NO PARKING ON WOODLAND AVENUE. -- PASSED


05-0258R - RESOLUTION TO ESTABLISH NO PARKING ON HARTLEY DRIVE. -- PASSED


05-0259R - RESOLUTION TO ESTABLISH ONE STALL HANDICAPPED PARKING ZONES AT VARIOUS LOCATIONS. -- PASSED


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-0263R - RESOLUTION APPROVING EXERCISE OF EASEMENT RIGHTS BY NORTHERN NATURAL GAS COMPANY, ACCEPTING PAYMENT AND ASSIGNING PAYMENT TO DULUTH AIRPORT AUTHORITY. -- PASSED


END OF CONSENT AGENDA


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The following entitled resolutions were also considered:

 

COMMITTEE 1

 

BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

05-0271R - RESOLUTION ISSUING AN ON SALE SEASONAL DANCE LICENSE, AN AFTER HOURS ENTERTAINMENT LICENSE AND APPROVING ISSUANCE OF A 2:00 A.M. ALCOHOL BEVERAGE LICENSE TO THEATRE IN THE STATE, INC. (NORSHOR THEATRE), 211 EAST SUPERIOR STREET. -- WITHDRAWN FROM AGENDA

COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

05-0272R - RESOLUTION AMENDING RESOLUTION 04-0594 ADDING AN ADDITIONAL $1.2 MILLION TO THE ALLOCATION OF CITY FUNDS FOR THE DULUTH-KROC COMMUNITY CENTER. -- WITHDRAWN FROM AGENDA


BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)


05-0264R - RESOLUTION RECOMMENDING IMPROVED VOTING EQUIPMENT SUITABLE FOR DIFFERENT VOTING METHODS. -- PASSED 7-2 (Little, Stauber)


05-0269R - RESOLUTION TRANSFERRING FUNDS FROM COMMUNITY INVESTMENT TRUST FUND TO HOUSING INVESTMENT FUND AND RESTRICTIONS THEREON. (REPLACEMENT) -- PASSED 7-2 (Little, Stauber)

 

05-0275R - RESOLUTION AUTHORIZING AN OFFER OF SETTLEMENT UNDER RULE 68 OF THE RULES OF CIVIL PROCEDURE. -- PASSED 8-1 (Atkins)

 

COMMITTEE 3

 

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-0250R - RESOLUTION ESTABLISHING REPAYMENT SCHEDULE FOR DEBT OWED BY SPIRIT MOUNTAIN RECREATION AREA AUTHORITY IN PRINCIPAL AMOUNT OF $231,512.01. (REPLACEMENT) -- PASSED UNANIMOUSLY

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED

COMMITTEE 1


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-006-O - AN ORDINANCE AMENDING SECTION 50-49 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING APPEALS OF DECISIONS OF THE BOARD OF ZONING APPEALS.  (TABLED 3/28 FOR PLANNING COMMISSION REVIEW) -- REMAINED ON TABLE


The following entitled ordinances were read for the first time:


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-016-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY IN WEST DULUTH TO GRANITE WORKS, INC., FOR $54,450. -- 1st READING


BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)


05-017-O - AN ORDINANCE PERTAINING TO CABLE TELEVISION FRANCHISE.-- 1st READING


The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILORS STAUBER, STEWART & STOVER


05-012-O - AN ORDINANCE REGULATING THE FEEDING OF DEER WITHIN THE CITY; AMENDING SECTION 6-78 OF THE DULUTH CITY CODE, 1959, AS AMENDED. (AMENDMENT) -- TABLED FOR MORE INFORMATION


05-013-O - AN ORDINANCE RELATING TO WILD ANIMALS; ESTABLISHING A DEER HUNTING SEASON; AMENDING SECTION 49-4 AND CHAPTER 6 OF THE DULUTH CITY CODE 1959, AS AMENDED. -- TABLED FOR MORE INFORMATION


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-009-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 14 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM S, SUBURBAN, TO S-2, SUBURBAN RESIDENTIAL, PROPERTY LOCATED EAST OF SKYLINE PARKWAY AND SOUTH OF EARL STREET (CHARLES BELL). -- PASSED 8-1 (Stover)


05-010-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 23 AND 28 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION OF OUTLOTS C AND D, HOME DEPOT ADDITION, FROM R-1-B, ONE FAMILY RESIDENTIAL, TO C-5, PLANNED COMMERCIAL, LOCATED ALONG THE EAST AND SOUTH SIDE OF MALL DRIVE, SOUTH OF CENTRAL ENTRANCE (TH 94) AND EAST OF TRINITY ROAD (TH 53) IN DULUTH HEIGHTS (JOHN JOHANNSON, DULUTH HILLS, LLC). -- FAILED 4-5 (Atkins, Little, Reinert, Stauber)


BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)


05-014-O - AN ORDINANCE AMENDING CHAPTER 29C OF THE DULUTH CITY CODE, 1959, AS AMENDED; FAIR HOUSING SUPPLEMENT. -- PASSED UNANIMOUSLY


COMMITTEE 3


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-015-O - AN ORDINANCE PERTAINING TO THE FIRE CODE, ALLOWING PRIVATE INSPECTIONS; AMENDING SECTIONS 21-1 AND 21-2 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- TABLED FOR MORE INFORMATION


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