ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, May 9, 2005

 

ROLL CALL -- ALL PRESENT-- ALL PRESENT

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RESOLUTIONS TABLED


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


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. (AMENDMENT) (RETABLED 4/25 FOR MORE INFORMATION) -- PASSED UNANIMOUSLY


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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)


05-0282R - RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR MAY 1, 2005, TO APRIL 30, 2006, IN THE AMOUNT OF $4,063,477 AND THE CAPITAL REPAIR AND REPLACEMENT BUDGET FOR THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. -- PASSED


05-0290R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF STREET WATER AND SEWER DEVELOPMENT AT BASSWOOD AVENUE FROM WALNUT AVENUE TO 676 FEET NORTH AND AT MATTERHORN CIRCLE FROM MATTERHORN DRIVE SOUTHERLY 650 FEET. -- PASSED

 

05-0312R - RESOLUTION AMENDING RESOLUTION 05-0262 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)


05-0256R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN CANAL PARK ON JUNE 17-19, 2005, IN CONJUNCTION WITH GRANDMA'S MARATHON AND SUBJECT TO CERTAIN CONDITIONS. -- PASSED


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. -- PASSED


05-0293R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE FOR LAKE SUPERIOR MARINE MUSEUM ASSOCIATION AND WAIVING THE 60 DAY WAITING PERIOD. -- PASSED


05-0294R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO LAKE SUPERIOR STEELHEAD ASSOCIATION AND HILLSIDE BUSINESS ASSOCIATION. -- PASSED


05-0295R - RESOLUTION ISSUING AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO ANDERSON GOLF, INC. (ENGER PARK GOLF COURSE), 1801 WEST SKYLINE PARKWAY. -- PASSED


05-0296R - RESOLUTION ISSUING AN ON SALE SEASONAL DANCE LICENSE TO JUST TAKE ACTION, INC. (FITGER’S BREWHOUSE/REDSTAR), 600 EAST SUPERIOR STREET. -- PASSED


05-0298R - RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND A 2:00 A.M. ALCOHOL BEVERAGE LICENSE TO BAJA LIFESTYLE ENTERPRISES, INC. (BAJA BILLY’S CANTINA AND GRILL), 600 EAST SUPERIOR STREET. -- PASSED


05-0299R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE LICENSED PREMISES OF GRANDMA’S, INC. (GRANDMA’S SALOON AND DELI), 522 LAKE AVENUE SOUTH, AND LEMON REEF, INC. (REEF BAR), 2002 LONDON ROAD. -- PASSED


05-0303R - RESOLUTION AWARDING CONTRACT TO INTER CITY OIL, INC., FOR FUEL AS NEEDED FOR 12 MONTHS AT AN ESTIMATED AMOUNT OF $50,000. -- PASSED

 

05-0307R - RESOLUTION AUTHORIZING LEASE AGREEMENT WITH MIDNIGHT SUN ADVENTURE COMPANY FOR LEASING OF ENDION STATION. -- PASSED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0177R - RESOLUTION AUTHORIZING A SECTION 108 LOAN AGREEMENT WITH HILLSIDE BUSINESS ASSOCIATION, IN THE AMOUNT OF $7,282,000, CONTINGENT UPON THE APPROVAL OF HUD. -- PASSED


05-0287R - RESOLUTION VACATING UNCONSTRUCTED ALLEY BETWEEN 81ST AVENUE WEST AND 82ND AVENUE WEST NORTH OF COLEMAN STREET AND SOUTH OF THE ALLEY SOUTH OF THE ABANDONED DULUTH WINNIPEG & PACIFIC RAILROAD RIGHT OF WAY AND VACATING THE UNCONSTRUCTED ALLEY SOUTH OF THE ABANDONED DULUTH WINNIPEG & PACIFIC RAILROAD RIGHT OF WAY BETWEEN 81ST AVENUE WEST AND 82ND AVENUE WEST (GEORGIA M. JOHNSON). -- PASSED


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


05-0279R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO AMEND A CONTRACT WITH ST. LOUIS COUNTY TO PROVIDE FOOD SUPPORT EMPLOYMENT AND TRAINING SERVICES AT COSTS NOT TO EXCEED $400 PER PARTICIPANT, FROM OCTOBER 1, 2004, THROUGH SEPTEMBER 30, 2005, AT A TOTAL COST NOT TO EXCEED $50,007. -- PASSED


05-0302R - RESOLUTION ASSIGNING TO WESTERN LAKE SUPERIOR SANITARY DISTRICT THE CITY’S INTEREST IN A $550,000 GRANT FROM U.S. ENVIRONMENTAL PROTECTION AGENCY FOR WASTEWATER INFRASTRUCTURE IMPROVEMENTS. -- PASSED


BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)


05-0229R - RESOLUTION DESIGNATING POLLING PLACES FOR THE SEPTEMBER 13, 2005, MUNICIPAL AND SCHOOL BOARD PRIMARY ELECTION AND THE NOVEMBER 8, 2005, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION. -- PASSED


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0270R - RESOLUTION AMENDING RESOLUTION 05-0249 AWARDING CONTRACT TO DULUTH READY MIX, INC., FOR CLASS 5 GRAVEL, CRUSHED ROCK AND WASHED SAND AS NEEDED DURING YEAR 2005 TO INCREASE THE AMOUNT BY $35,102.30 FOR A NEW TOTAL OF $92,570.86. -- PASSED


05-0274R - RESOLUTION AWARDING CONTRACT TO HYDRO METERING TECHNOLOGY FOR WATER METER REPAIR PARTS AS NEEDED DURING YEAR 2005 AT AN ESTIMATED AMOUNT OF $39,724.50. -- PASSED


05-0276R - RESOLUTION AUTHORIZING AN AGREEMENT WITH LAKE SUPERIOR COLLEGE TO REIMBURSE CITY FOR ONE-HALF OF THE COST OF CONSTRUCTION OF A 12 INCH WATERMAIN IN A PORTION OF TRINITY ROAD. -- PASSED


05-0277R - RESOLUTION ORDERING IN THE CONSTRUCTION OF A PERMANENT ALLEY IN MINNEAPOLIS AVENUE ALLEY FROM WADENA STREET TO OSAKIS STREET (CITY JOB NO. 0488TR) AT AN ESTIMATED COST OF $10,110. -- PASSED


05-0284R - RESOLUTION AWARDING CONTRACTS TO ACE PROPERTY MAINTENANCE, INC., FOR GRASS CUTTING SERVICES IN THE TOTAL AMOUNT OF $27,065.91. -- PASSED


05-0288R - RESOLUTION AWARDING CONTRACT TO ULLAND BROTHERS, INC., FOR 17,250 TONS OF WASHED SAND IN THE AMOUNT OF $176,180.21. -- PASSED


05-0289R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS, INC. FOR CONSTRUCTION OF DULUTH HEIGHTS SE3 2005 STREET IMPROVEMENT PROJECT SITES IN THE AMOUNT OF $699,227.35. -- PASSED


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0278R - RESOLUTION TO RESCIND NO PARKING ZONE ON THE EAST SIDE OF 17TH AVENUE EAST BETWEEN LONDON ROAD AND SOUTH STREET. -- PASSED


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-0273R - RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) RELATING TO PARTICIPATION BY DEDA IN THE CITY OF DULUTH SELF INSURANCE FUND PROGRAM FOR 2005. -- PASSED


END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

 

COMMITTEE 1


BY COUNCILORS STAUBER, STEWART & STOVER

 

05-0305R - RESOLUTION AMENDING RESOLUTION 04-0682 ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2005; SETTING FEES FOR DEER FEEDING PERMIT AND DEER HUNTING QUALIFICATION CERTIFICATE. -- AMENDED AND PASSED 7-2 (Gilbert, Johnson)

 

05-0306R - RESOLUTION GOVERNING THE SEASONAL DEER HUNT IN DULUTH; SETTING RULES AND STANDARDS; PROVIDING FOR A MANAGING AGENT. -- PASSED 7-2 (Gilbert, Johnson)

 

BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

05-0226R - RESOLUTION AWARDING CONTRACT TO HOLIDAY STATION STORES, INC., FOR FUEL AS NEEDED FOR 12 MONTHS AT AN ESTIMATED AMOUNT OF $360,000. -- TABLED

 


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. -- TABLED


05-0291R - 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 75 FOOT HIGH, 250 SQUARE FOOT GROUND SIGN ON PROPERTY LOCATED AT 503 NORTH 50TH AVENUE WEST. (REPLACEMENT) -- PASSED 5-4 (Atkins, Little, Ness, Stauber)


05-0292R - 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 75 FOOT HIGH, 250 SQUARE FOOT GROUND SIGN ON PROPERTY LOCATED AT 503 NORTH 50TH AVENUE WEST. (REPLACEMENT) -- FAILED 4-5 (Atkins, Little, Ness, Stauber)

 

05-0301R - RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH C.R. PLANNING, INC. FOR THE DEVELOPMENT OF A COMPREHENSIVE PLAN FOR THE CITY OF DULUTH, IN AN AMOUNT NOT TO EXCEED $190,000. -- PASSED UNANIMOUSLY


BY COUNCILORS GILBERT, STOVER & REINERT


05-0300R - RESOLUTION IN SUPPORT OF CLEAN LAKES AND RIVERS. -- TABLED


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCES TABLED


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) (REPLACEMENT) (TABLED 4/25 FOR MORE INFORMATION) -- AMENDED & PASSED UNANIMOUSLY


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. (REPLACEMENT) (TABLED 4/25 FOR MORE INFORMATION) -- PASSED 6-3 (Atkins, Gilbert, Johnson)


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


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 4/25 FOR MORE INFORMATION) -- RETABLED

The following entitled ordinance was read for the first time:

 

COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-018-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 43, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE-FAMILY RESIDENTIAL DISTRICT, TO C-1, COMMERCIAL DISTRICT, PROPERTY ON THE SOUTHEAST CORNER OF DODGE STREET AND 51ST AVENUE EAST (RICHARD KAY, COMMUNITY CONNECTION OF MINNESOTA, INC.). -- 1st READING


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


BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)


05-017-O - AN ORDINANCE PERTAINING TO CABLE TELEVISION FRANCHISE. -- PASSED UNANIMOUSLY


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