ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, June 27, 2005

 

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES:  May 9 and 23, 2005. -- APPROVED


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RESOLUTIONS TABLED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0325R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO RELAX THE 380 SQUARE FEET OF LOT AREA PER UNIT REQUIREMENT TO 300 SQUARE FEET, THE FRONT AND REAR YARD SETBACKS REQUIREMENTS FROM 36 FEET TO FIVE FEET FRONT AND 15 FEET, SIX INCHES REAR, THE SIDE YARD SETBACK REQUIREMENTS FROM 36 FEET TO THREE FEET, TEN INCHES AND ONE FOOT, THE MINIMUM PARKING REQUIREMENT FROM 47 SPACES TO 13 SPACES FOR THE DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A NEW 70-UNIT BUILDING CONSISTING OF 40 EFFICIENCY UNITS AND 30 SINGLE ROOM OCCUPANCY UNITS (230 WEST THIRD STREET). (TABLED 6/13) -- REMAINED ON TABLED


05-0326R - RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO RELAX THE 380 SQUARE FEET OF LOT AREA PER UNIT REQUIREMENT TO 300 SQUARE FEET, THE FRONT AND REAR YARD SETBACKS REQUIREMENTS FROM 36 FEET TO FIVE FEET FRONT AND 15 FEET, SIX INCHES REAR, THE SIDE YARD SETBACK REQUIREMENTS FROM 36 FEET TO THREE FEET, TEN INCHES AND ONE FOOT, THE MINIMUM PARKING REQUIREMENT FROM 47 SPACES TO 13 SPACES FOR THE DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A NEW 70-UNIT BUILDING CONSISTING OF 40 EFFICIENCY UNITS AND 30 SINGLE ROOM OCCUPANCY UNITS (230 WEST THIRD STREET). (TABLED 6/13) -- REMAINED ON TABLED


COMMITTEE 3


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0358R - RESOLUTION AMENDING RESOLUTION TO REMOVE NO PARKING DESIGNATION FROM THE NORTH SIDE OF PORTIONS OF EAST SECOND STREET, MAKING ALTERNATE SIDE PARKING INAPPLICABLE TO PORTIONS OF SECOND STREET FROM 7:00 A.M. TO 1:00 A.M. AND MAKING A PORTION THEREOF A METERED ZONE. (TABLED 6/13) -- PASSED UNANIMOUSLY (AFTER ORD. 05-021-O PASSED)


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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 COUNCILORS STAUBER, STEWART AND STOVER


05-0434R - RESOLUTION APPROVING CONTRACT WITH ARROWHEAD BOWHUNTERS ALLIANCE TO CONDUCT THE ANNUAL DEER HUNT AND AMENDING RESOLUTION 05-0306. -- PASSED


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0372R - RESOLUTION APPROVING THE TRANSFER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF J AND H OF DULUTH, INC. (UNIVERSITY LIQUOR), 1603 WOODLAND AVENUE, TO ROTO OF DULUTH, INC. (UNIVERSITY LIQUOR), SAME ADDRESS. -- PASSED


05-0396R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSES OF VARIOUS LICENSEES. -- PASSED


BY COUNCILOR JOHNSON                             (PERSONNEL)


05-0308R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF SENIOR ENGINEERING TECHNICIAN. -- PASSED


05-0309R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF PERSONNEL TECHNICIAN II. -- PASSED


05-0310R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF SPECIAL EVENTS COORDINATOR. -- PASSED


05-0401R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF ASSISTANT FIRE CHIEF. -- PASSED


05-0406R - RESOLUTION CONFIRMING THE APPOINTMENT OF DAVE BOE, REPLACING JULIE LARSON WILLIAMS, AND THE REAPPOINTMENT OF NANCY NORR TO THE DULUTH AIRPORT AUTHORITY. -- PASSED


05-0407R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF YVONNE PRETTNER SOLON TO THE DULUTH STATE CONVENTION CENTER ADMINISTRATIVE BOARD. -- PASSED


05-0408R - RESOLUTION CONFIRMING THE APPOINTMENT OF DENNIS E. BIRCHLAND, REPLACING DARRYL L. SCOTT, AND THE REAPPOINTMENT OF TARI RAYALA TO THE DULUTH TRANSIT AUTHORITY. -- PASSED


05-0409R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF MICHAEL POLZIN TO THE PARKING COMMISSION. -- PASSED


05-0410R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF CAROL J. (CJ) BIRD TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. -- PASSED


05-0412R - RESOLUTION CONFIRMING THE APPOINTMENT OF EDYE HOWES, REPLACING ALBERTA VAN WERT, AND THE REAPPOINTMENTS OF CJ BIRD, JOHN DAY AND JOYCELYN DORSCHER TO THE AMERICAN INDIAN COMMISSION. -- PASSED


05-0413R - RESOLUTION CONFIRMING THE APPOINTMENT OF JEREMY M. DOWNS TO THE PARKS AND RECREATION COMMISSION, REPLACING KAREN ERICKSON. -- PASSED


05-0414R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF CITY ARCHITECT. -- PASSED


05-0415R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF FLEET MANAGER. -- PASSED


05-0416R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF VEHICLE CENTER SUPERVISOR. -- PASSED


05-0445R - RESOLUTION CONFIRMING THE APPOINTMENT OF PATRICIA D. THORSON TO THE COMMUNITY DEVELOPMENT COMMITTEE, REPLACING CLYDE ANNALA. -- PASSED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0418R - RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE HOME PROGRAM HOUSING DEVELOPMENT PROJECTS - PHOENIX HOUSE AGREEMENT WITH LIFE HOUSE, EXTENDING THE TERM OF THE AGREEMENT. -- PASSED


05-0420R - RESOLUTION VACATING THE WEST 1/2 OF 22ND AVENUE WEST ADJACENT TO 2208 WEST 24TH STREET (BART AND SUSIE HAUGEN). -- PASSED


05-0429R - RESOLUTION AUTHORIZING CITY TO ENTER INTO A CONTRACT WITH HUD FOR LOAN GUARANTEE ASSISTANCE AND TO EXECUTE A VARIABLE/FIXED RATE NOTE RELATING TO THE SECTION 108 LOAN GUARANTEE PROGRAM. -- PASSED


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0404R - RESOLUTION AUTHORIZING AN AGENCY AGREEMENT BETWEEN THE CITY AND MN/DOT FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION OF THE CONSTRUCTION OF ARTHUR AVENUE FROM GARFIELD AVENUE TO PORT TERMINAL DRIVE. -- PASSED


05-0411R - RESOLUTION ORDERING THE CONSTRUCTION OF A BITUMINOUS STREET IN 14TH STREET FROM CENTRAL ENTRANCE TO THIRD AVENUE EAST PURSUANT TO WAIVER AGREEMENTS AT AN ESTIMATED COST OF $50,000 (CITY JOB NO. 0421TR). -- PASSED


05-0417R - RESOLUTION AWARDING CONTRACT TO ST. JOSEPH EQUIPMENT FOR ONE CASE WHEEL LOADER IN THE AMOUNT OF $103,710.66. -- PASSED


05-0423R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AYRES ASSOCIATES FOR YEAR 2006 STREET IMPROVEMENT PROGRAM FOR DULUTH HEIGHTS I, ESTIMATED AT $149,000. -- PASSED


05-0424R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH MSA FOR YEAR 2006 STREET IMPROVEMENT PROGRAM FOR NORTON PARK WEST, ESTIMATED AT $54,972. -- PASSED


05-0425R - RESOLUTION AWARDING CONTRACT TO ZIEGLER, INC., FOR RENTAL OF 16 MOTOR GRADERS IN THE AMOUNT OF $365,270.80. -- PASSED


05-0426R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH SALO ENGINEERING FOR YEAR 2006 MINNESOTA TURNBACK PROJECT FOR CARLTON STREET, FROM GRAND AVENUE TO MICHIGAN STREET, ESTIMATED AT $31,165. -- PASSED


05-0430R - RESOLUTION AMENDING RESOLUTION 04-0464 AWARDING CONTRACT TO RLK KUUSISTO, LTD, FOR PROFESSIONAL ENGINEERING SERVICES, TO INCREASE THE AMOUNT BY $140,000 FOR A NEW TOTAL OF $529,870. -- PASSED


05-0431R - RESOLUTION AMENDING RESOLUTION 04-0462 AWARDING CONTRACT TO COMO OIL & PROPANE COMPANY FOR LIQUID PROPANE AND DISTRIBUTION, TO INCREASE THE AMOUNT BY $22,000 FOR A NEW TOTAL OF $82,000. -- PASSED


05-0432R - RESOLUTION AWARDING CONTRACT TO LETOURNEAU AND SONS, INC., FOR CONSTRUCTION OF MORGAN PARK WASTEWATER COLLECTION SYSTEM IN THE AMOUNT OF $1,924,936.80. -- PASSED


05-0433R - RESOLUTION AWARDING CONTRACT TO PERFORMANCE PIPELINING, INC., FOR CURED-IN-PLACE-PIPE (CIPP) REHABILITATION FOR SANITARY SEWER LATERALS IN BASIN #1 IN THE AMOUNT OF $676,380. -- PASSED


05-0435R - RESOLUTION AWARDING CONTRACT TO HOVLAND, INC., FOR SANITARY AND STORM MANHOLE ADJUSTMENT PROGRAM IN THE AMOUNT OF $74,500. -- PASSED


05-0438R - RESOLUTION AWARDING CONTRACT TO NELS NELSON & SONS, INC., FOR CONSTRUCTION OF WEST THIRD STREET, 19-1/2 AVENUE TO CARLTON STREET AND VERNON STREET; WEST THIRD STREET TO GRAND FORKS AVENUE IN THE AMOUNT OF $2,998,503.56. -- PASSED


05-0439R - RESOLUTION AWARDING CONTRACT TO ARROWHEAD PAINTING FOR PAINTING OF 2,750 GAS METER PIPING THROUGHOUT THE CITY OF DULUTH IN THE AMOUNT OF $32,907. -- PASSED


05-0440R - RESOLUTION AUTHORIZING LEASE AGREEMENTS WITH CLEARWIRE, L.L.C. FOR INSTALLATION OF WIRELESS COMMUNICATIONS EQUIPMENT AT THE HIGHLAND AND PROCTOR WATER TOWERS. -- PASSED


05-0441R - RESOLUTION ORDERING THE CONSTRUCTION OF A PERMANENT 28 FOOT WIDE STREET WITH TURNAROUND, STORM SEWER AND SIDEWALK IN 44TH AVENUE WEST FROM GRAND AVENUE TO APPROXIMATELY 360 FEET SOUTHERLY, PURSUANT TO WAIVER AGREEMENTS (CITY PROJECT NO. 0493TR) AT AN ESTIMATED COST OF $100,000. -- PASSED


05-0442R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF FRANK J. MICHELIZZI IN THE AMOUNT OF $13,660.35. -- PASSED


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0402R - RESOLUTION TO ESTABLISH ONE STALL HANDICAPPED PARKING ZONES AT VARIOUS LOCATIONS. -- PASSED


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-0427R - RESOLUTION APPROVING LAWS OF MINNESOTA 2005, CHAPTER 131, SECTION 16 AUTHORIZING AN ON SALE INTOXICATING LIQUOR LICENSE FOR ENGER PARK GOLF COURSE. -- PASSED


05-0428R - RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH MICHELLE HAYKO FOR CITY SPORTS LEAGUE MANAGEMENT IN AN AMOUNT NOT TO EXCEED $5,800. -- PASSED


05-0437R - RESOLUTION AWARDING CONTRACT TO E-Z-GO TEXTRON COMPANY FOR GOLF CART AND UTILITY CART LEASE AS NEEDED DURING THE YEAR 2005 AT AN ESTIMATED AMOUNT OF $70,500. -- PASSED


END OF CONSENT AGENDA


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The following entitled resolutions were also considered:

 

COMMITTEE 1


BY COUNCILOR STAUBER                            (FINANCE)

 

05-0461R - RESOLUTION AMENDING RESOLUTION 05-0177 TO ADD CENTRAL HILLSIDE DEVELOPMENT LIMITED PARTNERSHIP, LLLP, AS A PARTY TO A SECTION 108 LOAN AGREEMENT WITH HILLSIDE BUSINESS ASSOCIATION IN THE AMOUNT OF $7,282,000. -- AMENDED & PASSED UNANIMOUSLY

COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0443R - RESOLUTION APPROVING AMENDMENTS TO THE CONDITIONS OF RESOLUTIONS 03-0426, 03-0462 AND 03-0463 RELATING TO SPECIAL USE PERMITS FOR COTTAGE HOMESTEADS II (RESOLUTION 03-0462); COTTAGE HOMESTEADS III (RESOLUTION 03-0463); AND MILLER HILL 47 LIMITED PARTNERSHIP (RESOLUTION 03-0426) FOR PROPERTIES LOCATED ALONG SUNDBY ROAD. -- UNANIMOUSLY FAILED


05-0444R - RESOLUTION DENYING AMENDMENTS TO THE CONDITIONS OF RESOLUTIONS 03-0426, 03-0462 AND 03-0463 RELATING TO SPECIAL USE PERMITS FOR COTTAGE HOMESTEADS II (RESOLUTION 03-0462); COTTAGE HOMESTEADS III (RESOLUTION 03-0463); AND MILLER HILL 47 LIMITED PARTNERSHIP (RESOLUTION 03-0426) FOR PROPERTIES LOCATED ALONG SUNDBY ROAD. -- PASSED UNANIMOUSLY

 

BY COUNCILOR ATKINS           (INTERGOVERNMENTAL RELATIONS)

 

05-0459R - RESOLUTION AUTHORIZING AN EXTENSION TO AN AGREEMENT WITH FRYBERGER, BUCHANAN, SMITH & FREDERICK, P.A., FOR LEGISLATIVE SERVICES IN AN AMOUNT NOT TO EXCEED $3,433. -- PASSED UNANIMOUSLY


BY COUNCILORS ATKINS, STAUBER AND REINERT


05-0419R - RESOLUTION IN SUPPORT OF 148TH FIGHTER WING. (REPLACEMENT) -- PASSED 8-1 (Stewart)

 

BY PRESIDENT NESS                  (COMMITTEE OF THE WHOLE)

 

05-0454R - RESOLUTION OF INTENT TO ACCEPT A MINNESOTA’S LAKE SUPERIOR COASTAL PROGRAM GRANT, SUBJECT TO A GRANT OF THE SAME BY THE MINNESOTA’S LAKE SUPERIOR COASTAL PROGRAM TO THE CITY, FOR PLANNING OF A LIVING WATER GARDEN OF APPROXIMATELY .5 ACRES TO BE LOCATED AT THE NORTH END OF SLIP NO. 2 AND TO WORK WITH SWEETWATER ALLIANCE REGARDING THE SAME. (AMENDMENT) -- AMENDMENT FAILED; RESOLUTION PASSED 6-3 (Little, Stauber, Stewart)

 

05-0455R - RESOLUTION OF INTENT TO CONFER AND PLAN WITH SWEETWATER ALLIANCE TO ENLARGE THE SCOPE OF THE LIVING WATER GARDEN PROJECT BY ADDING UP TO AN ADDITIONAL 1.5 ACRES EAST OF AND ADJACENT TO SLIP NO. 2 AT BAYFRONT. (AMENDMENT) -- AMENDMENT PASSED; RESOLUTION FAILED 4-5 (Johnson, Ness, Reinert, Stover)

 

BY PRESIDENT NESS AND COUNCILOR ATKINS

 

05-0460R - RESOLUTION ESTABLISHING A TASK FORCE ON RETIREE HEALTH INSURANCE. -- TABLED


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

05-0447R - RESOLUTION PRESENTING A CHARTER AMENDMENT TO THE CHARTER COMMISSION - TAX INCREMENT FINANCING. (REPLACEMENT) -- TABLED


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


The following entitled ordinances were read for the first time:


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-025-O - AN ORDINANCE GRANTING TO AQUILA, INC., ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO TRANSPORT, DISTRIBUTE AND SELL GAS IN A PORTION OF DULUTH AND TO USE THE STREETS, AVENUES AND ALLEYS FOR THAT PURPOSE. -- 1st READING

 

05-027-O - AN ORDINANCE AMENDING CHAPTER 33 OF THE DULUTH CITY CODE, 1959, AS AMENDED; RELATING TO PARKING-HANDICAPPED ACCESS; PROVIDING CLEAR AREA. -- 1st READING

 

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)

 

05-026-O - AN ORDINANCE AMENDING CHAPTER 35-25(k) OF THE DULUTH CITY CODE, 1959, AS AMENDED; TO AUTHORIZE THE CONSUMPTION OF INTOXICATING LIQUOR AT THE ENGER PARK GOLF COURSE. -- 1st READING


The following entitled ordinances were read for the second time:


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-023-O - AN ORDINANCE AUTHORIZING SALE OF CERTAIN PROPERTY IN WEST DULUTH IN THE VICINITY OF GRAND AVENUE AND ELINOR STREET TO LSPT, LLC. -- PASSED UNANIMOUSLY


05-024-O - AN ORDINANCE AUTHORIZING SALE OF CERTAIN PROPERTY IN WEST DULUTH IN THE VICINITY OF CENTRAL AVENUE AND ROOSEVELT STREET TO LANCE PARTHÉ AND PATRICIA STOLL. -- PASSED UNANIMOUSLY


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-021-O - AN ORDINANCE AUTHORIZING TIME LIMITS ON APPLICABILITY OF ALTERNATE SIDE PARKING; AMENDING SECTION 33-97.8 OF THE DULUTH CITY CODE, 1959, AS AMENDED, TO ADD A NEW SUBPARAGRAPH (d). -- PASSED UNANIMOUSLY


05-022-O - AN ORDINANCE AUTHORIZING TIME LIMITS ON APPLICABILITY OF FREE PARKING FOR HANDICAPPED AT METERS; AMENDING CHAPTER 33 OF THE DULUTH CITY CODE, 1959, AS AMENDED, TO ADD A NEW SECTION 33-88.3. -- PASSED UNANIMOUSLY

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