ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, May 23, 2005

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES - March 28 and April 11, 2005. -- APPROVED

 

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RESOLUTIONS TABLED


COMMITTEE 1


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 5/9) -- RETURNED TO ADMINISTRATION


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 5/9) -- PASSED 8-1 (Little)


BY COUNCILORS GILBERT, STOVER, REINERT & JOHNSON


05-0300R - RESOLUTION IN SUPPORT OF CLEAN LAKES AND RIVERS. (TABLED 5/9) -- 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)


05-0316R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF SANITARY SEWER IN DECKER ROAD. -- PASSED


BY COUNCILOR STEWART        (PURCHASING & LICENSING)


05-0321R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE LICENSED PREMISES OF GRANDMA’S ANGIE’S, INC. (LITTLE ANGIE’S CANTINA), 11 EAST BUCHANAN STREET. -- PASSED


05-0322R - RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE WINE LICENSE AND ISSUING AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO LAI V AND NAM H LY (NAM LEE’S RESTAURANT), 4023 WOODLAND AVENUE. -- PASSED


05-0323R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO EAST END HOCKEY ASSOCIATION AND DULUTH CURLING CLUB. -- PASSED


05-0331R - RESOLUTION AUTHORIZING AN ARCHITECTURAL AGREEMENT WITH SJA ARCHITECTS FOR PROVIDING CERTAIN PHASE I ARCHITECTURAL SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE WEST DULUTH POLICE STATION IN AN AMOUNT NOT TO EXCEED $7,200. -- PASSED


05-0334R - RESOLUTION AUTHORIZING A CONSULTING AGREEMENT WITH DSGW ARCHITECTS FOR PROVIDING CERTAIN PHASE I ARCHITECTURAL SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE PETERSON ARENA REPLACEMENT (AKA DULUTH HERITAGE HOCKEY CENTER) IN AN AMOUNT NOT TO EXCEED $125,000. -- PASSED


05-0335R - RESOLUTION AUTHORIZING THE APPROVAL OF CHANGE ORDERS G-1 AND 2 TO RESOLUTION NO. 04-0830 WITH LIPE BROTHERS CONSTRUCTION FOR PROVIDING ADDITIONAL CONSTRUCTION SERVICES IN CONNECTION WITH OVERHEAD DOOR REPLACEMENT/ HEADQUARTERS FIRE STATION IN AN AMOUNT OF $11,782. -- PASSED


BY COUNCILOR JOHNSON                      (PERSONNEL)


05-0313R - RESOLUTION APPOINTING ROBERT J. ZALLAR TO THE CIVIL SERVICE BOARD, REPLACING PATRICK SPOTT. -- PASSED


COMMITTEE 2


BY COUNCILOR GILBERT (PLANNING & ECONOMIC DEVELOPMENT)


05-0286R - RESOLUTION VACATING 21ST AVENUE EAST LYING BETWEEN THE SOUTHERLY LINE OF WATER STREET AND THE LAKE SUPERIOR SHORELINE ACCEPTING THE DEDICATION OF AN EASEMENT FOR LAKEWALK ACROSS LOTS 4-8, BLOCK A AND LOTS 1-8 BLOCK B, ENDION DIVISION OF DULUTH (PELLER). -- PASSED


05-0332R - RESOLUTION ACCEPTING CERTIFIED LOCAL GOVERNMENT (CLG) GRANT OF $1,000 FROM THE MINNESOTA STATE HISTORICAL SOCIETY FOR PROFESSIONAL SERVICES AT THE 2005 ANNUAL STATEWIDE HISTORIC PRESERVATION CONFERENCE AND COMMITTING $1,000 LOCAL MATCH. -- PASSED


05-0333R - RESOLUTION VACATING A UTILITY EASEMENT WITHIN VACATED ALLEY BETWEEN 11TH AVENUE EAST AND TENTH AVENUE EAST SOUTH OF 12TH STREET (JIM MCLEAN/PEACE UNITED CHURCH OF CHRIST). -- PASSED


BY COUNCILOR ATKINS      (INTERGOVERNMENTAL RELATIONS)


05-0341R - RESOLUTION AUTHORIZING AN AGREEMENT WITH ENVENTIS TELECOM, INC., FOR PROVIDING PROFESSIONAL SERVICES TO THE CITY OF DULUTH FOR COMPLETION OF PHASE 4 OF THE CITY’S TELECOMMUNICATIONS UPGRADE PROJECT FOR CONSIDERATION OF $60,000. -- PASSED


05-0342R - RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT FROM ENVENTIS TELECOM, INC., FOR PHASE 4 OF THE CITY’S TELECOMMUNICATIONS UPGRADE PROJECT IN THE SUM OF $145,000. -- PASSED

COMMITTEE 3


BY COUNCILOR STOVER           (PUBLIC WORKS & UTILITIES)


05-0304R - RESOLUTION OF INTENT TO CONSTRUCT A BITUMINOUS STREET IN 14TH STREET FROM CENTRAL ENTRANCE TO THIRD AVENUE EAST. -- PASSED


05-0319R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF DENNIS WALKOWIAK IN THE AMOUNT OF $11,577.36. -- PASSED


05-0339R - RESOLUTION AWARDING CONTRACT TO PHIL RANDAL SEWER AND EXCAVATING, INC., FOR CONSTRUCTION OF HUNTER’S PARK 2005 STREET IMPROVEMENT PROJECT SITES IN THE AMOUNT OF $629,628.48. -- PASSED


05-0340R - RESOLUTION AWARDING CONTRACT TO LETOURNEAU & SONS, INC., FOR CONSTRUCTION OF LINCOLN PARK CENTRAL EAST STREET IMPROVEMENT PROJECT SITES IN THE AMOUNT OF $1,224,875.05. -- PASSED


05-0343R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC FOR CONSTRUCTION OF GRAND AVENUE RECONDITIONING PROJECT IN THE AMOUNT OF $3,831,448.10. -- PASSED


05-0345R - RESOLUTION AWARDING CONTRACT TO MONROE TRUCK EQUIPMENT FOR THREE RADIUS DUMP SPREADERS IN THE AMOUNT OF $163,577.61. -- PASSED


05-0346R - 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

 

05-0350R - RESOLUTION ACCEPTING DONATION OF ROAD EASEMENT FROM SUMMIT MANAGEMENT, LLC, RELATED TO THE CAMPUS PARK II DEVELOPMENT. -- PASSED

 

05-0351R - RESOLUTION AUTHORIZING ASSESSMENT AGREEMENT WITH SUMMIT MANAGEMENT, LLC, FOR STREET CONSTRUCTION RELATED TO CAMPUS PARK II DEVELOPMENT. -- PASSED

 

05-0352R - RESOLUTION AUTHORIZING REIMBURSEMENT AGREEMENT WITH ST. LOUIS COUNTY FOR PROJECT NO. 0341TR (RICE LAKE ROAD). -- PASSED

 

BY COUNCILOR LITTLE                         (PUBLIC SAFETY)


05-0280R - RESOLUTION TO ESTABLISH NO PARKING BETWEEN NOVEMBER 1 AND MAY 31 ON MINNEAPOLIS AVENUE BETWEEN ANOKA STREET AND ISANTI STREET. -- PASSED


05-0281R - RESOLUTION TO ESTABLISH NO PARKING ON ST. PAUL AVENUE BETWEEN ANOKA STREET AND ISANTI STREET. -- PASSED


05-0314R - RESOLUTION AUTHORIZING THE CITY TO APPLY FOR A GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, MINNESOTA AUTO THEFT PREVENTION PROGRAM, FOR $290,495 TO FUND SALARIES, EQUIPMENT AND TRAINING NEEDS FOR THREE PROPERTY CRIME INVESTIGATORS AND TO EXECUTE ANY DOCUMENTS REQUIRED TO BE EXECUTED TO ACCEPT SUCH GRANT. -- PASSED


05-0336R - RESOLUTION AUTHORIZING PAYMENT OF $31,545.06 TO AMERICAN FAMILY INSURANCE, AS SUBROGEE OF JOEL STOCKE, FOR SETTLEMENT OF SUBROGATION CLAIM ARISING FROM A POLICE DEPARTMENT TACTICAL RESPONSE TEAM CALL-OUT ON MARCH 18, 2004. -- PASSED


05-0337R - RESOLUTION TO ESTABLISH ONE STALL HANDICAPPED PARKING ZONES AT VARIOUS LOCATIONS. -- PASSED


05-0338R - RESOLUTION APPROVING SETTLEMENT OF CLAIMS OF JOHN A. BROWN, JR., TESSA BUSCKO AND LISA CHARLES IN THE AMOUNT OF $50,000. -- PASSED


BY COUNCILOR REINERT (RECREATION, LIBRARIES & AUTHORITIES)


05-0311R - RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES, FOR THE SUMMER MAINTENANCE OF THE CLYDE AVENUE (MUNGER ACCESS) AND RICE'S POINT BOAT LAUNCH SITES. -- PASSED


END OF CONSENT AGENDA


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The following entitled resolutions were also considered:


COMMITTEE 2


BY COUNCILOR GILBERT (PLANNING & ECONOMIC DEVELOPMENT)


05-0285R - RESOLUTION CREATING PEDESTRIAN TRANSIT ZONES ON THE PUBLIC SIDEWALKS ADJOINING PROPERTIES LOCATED AT 31, 114-116 AND 129 EAST FIRST STREET (BLUEDORN/GRADISHAR/KING). -- FAILED 4-5 (Atkins, Gilbert, Little, Stauber)

05-0317R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO APPROVE THE REDUCTION OF THE TOTAL NUMBER OF PARKING SPACES REQUIRED FROM 79 TO 41 FOR THE REMODELING OF THE VACANT SECOND AND THIRD FLOORS INTO 24 DWELLING UNITS ON PROPERTY LOCATED AT 2803 WEST SUPERIOR STREET. -- FAILED 3-6 (Gilbert, Stauber, Stewart)


05-0318R - RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO APPROVE THE REDUCTION OF THE TOTAL NUMBER OF PARKING SPACES REQUIRED FROM 79 TO 41 FOR THE REMODELING OF THE VACANT SECOND AND THIRD FLOORS INTO 24 DWELLING UNITS ON PROPERTY LOCATED AT 2803 WEST SUPERIOR STREET. -- PASSED 6-3 (Gilbert, Stauber, Stewart)

 

BY PRESIDENT NESS                 (COMMITTEE OF THE WHOLE)

 

05-0315R - RESOLUTION SETTING FEES FOR COMMERCIAL USE PERMIT OR OPERATIONAL PERMIT; AMENDING RESOLUTIONS 04-0637 AND 04-0682. (REPLACEMENT) -- PUBLIC DOCUMENT AMENDED & PASSED UNANIMOUSLY

 

05-0320R - RESOLUTION AMENDING RESOLUTION 05-0269, CHANGING THE DATE WHEN MONEY CAN BE TRANSFERRED FROM THE COMMUNITY INVESTMENT TRUST FUND. -- PASSED 7-2 (Little, Stauber)


COMMITTEE 3

 

BY COUNCILOR LITTLE                         (PUBLIC SAFETY)

 

05-0224R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE CITIES OF HERMANTOWN, MINNESOTA, AND SUPERIOR, WISCONSIN, PROVIDING FOR THE CITY OF DULUTH TO PARTICIPATE IN THE LAKE SUPERIOR DRUG TASK FORCE. -- PASSED UNANIMOUSLY

 

05-0283R - RESOLUTION AWARDING PROFESSIONAL SERVICES CONTRACT TO JOHN KEENAN FOR EMERGENCY OPERATION PLAN UPGRADE IN AN AMOUNT UP TO $20,000. -- PASSED 7-2 (Little, Stauber)

 

05-0349R - RESOLUTION ELIMINATING FEES FOR COMMERCIAL USE PERMIT OR OPERATIONAL PERMIT; AMENDING RESOLUTIONS 04-0637 AND 04-0682. -- FAILED 3-6 (Atkins, Little, Stauber)


BY COUNCILOR REINERT (RECREATION, LIBRARIES & AUTHORITIES)


05-0324R - RESOLUTION SUPPORTING A CONGRESSIONAL APPROPRIATION TO ASSIST BREAKWATER HEALTHCARE. -- PASSED UNANIMOUSLY


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCES 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


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. (RETABLED 5/9) -- REMOVED FROM AGENDA


The following entitled ordinance was read for the first time:


COMMITTEE 3


BY COUNCILOR REINERT (RECREATION, LIBRARIES & AUTHORITIES)


05-020-O - AN ORDINANCE PERTAINING TO THE DULUTH HOUSING COMMISSION; AMENDING SECTION 2-146 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- 1st READING


The following entitled ordinance was read for the second 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.). -- PASSED UNANIMOUSLY


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