DISCLAIMER

  • Duluth City Council Meeting Actions are unofficial and are to be used for informational purposes only.
  • Any amendments or revisions to resolutions and ordinances made at a Council Meeting may NOT be available on line.
  • Call the City Clerk's Office to verify the results - (218) 730-5740.


ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, May 14, 2007

 

ROLL CALL -- ABSENT: Ness

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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 STEWART                                (FINANCE)


07-0318R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF BRISTOLWOOD FIRST ADDITION DEVELOPMENT. -- PASSED


07-0354R - RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR MAY 1, 2007, TO APRIL 30, 2008, IN THE AMOUNT OF $3,862,627 AND THE CAPITAL REPAIR AND REPLACEMENT BUDGET FOR THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. -- PASSED


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)

 

07-0329R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF CANAL PARK LIQUOR, LLC (CANAL PARK LIQUOR), 302 LAKE AVENUE SOUTH. -- PASSED


07-0330R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF MINNESOTA NIGHTS, INC. (TAP ROOM), 600 EAST SUPERIOR STREET. -- PASSED


07-0331R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF PIEDMONT BOTTLE SHOP, INC. (PIEDMONT BOTTLE SHOP), 2818 PIEDMONT AVENUE. -- PASSED


07-0332R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF APPLE AM LTD PARTNERSHIP (APPLEBEE NEIGHBORHOOD BAR AND GRILL), 1600 MILLER TRUNK HIGHWAY. -- PASSED


07-0333R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF WADSWORTH OLD CHICAGO, INC. (OLD CHICAGO), 325-327 LAKE AVENUE SOUTH. -- PASSED


07-0343R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE LICENSED PREMISES OF GRANDMA’S, INC. (GRANDMA’S SALOON AND DELI), 522 LAKE AVENUE SOUTH, AND GRANDMA’S ANGIE’S, INC. (LITTLE ANGIE’S CANTINA), 11 EAST BUCHANAN STREET. -- PASSED


07-0344R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND DANCING LICENSE FROM DULUTH HOTEL, INC. (RADISSON DULUTH), 505 WEST SUPERIOR STREET, TO TB OF DULUTH, LLC (RADISSON HOTEL DULUTH HARBORVIEW), SAME ADDRESS. -- PASSED


07-0345R - RESOLUTION ISSUING AN ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE TO HELL’S KITCHEN DULUTH, LLC (HELL’S KITCHEN), 310 LAKE AVENUE SOUTH. -- PASSED


07-0346R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO IRVING YOUTH HOCKEY, WELCH CENTER, LAKE SUPERIOR STEELHEAD ASSOCIATION AND MULTIPLE SCLEROSIS SOCIETY. -- PASSED


BY COUNCILOR GILBERT                               (PERSONNEL)


07-0322R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF JAMES M. ANDERSON, MARCUS KARKI AND STEVE KHALAR TO THE ALCOHOL, GAMBLING AND TOBACCO COMMISSION. -- PASSED


07-0323R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF JENNIFER MURPHY TO THE COMMUNITY DEVELOPMENT COMMITTEE. -- PASSED


07-0324R - RESOLUTION CONFIRMING THE APPOINTMENT OF KRISTIN RIDGEWELL TO THE PARKS AND RECREATION COMMISSION, REPLACING CHARLES “TIM” CAINES. -- PASSED


07-0325R - RESOLUTION CONFIRMING THE APPOINTMENT OF ROB MAROHN TO THE TREE COMMISSION, REPLACING WENDY A. SJOBLOM. -- PASSED


07-0328R - RESOLUTION CONFIRMING THE APPOINTMENTS OF NANCY ATZEN, HILARY BUCKWALTER, TERRY MATTSON AND BEVERLY STRONGITHARM TO THE COMMISSION ON DISABILITIES, REPLACING STEPHANIE LEANZA-WELCH, NETTIE BOTHWELL, SHANNON McCARTHY BICHA AND KATHERINE QUISTAD. -- PASSED


07-0335R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF TAMARA JONES, JANE MADDY, MARIA STALZER WYANT CUZZO AND TONI THORSTAD AND THE APPOINTMENTS OF JOHN HEINER AND NAOMI-TAMAR, REPLACING TERESA MUNOZ-SIERRA AND JAN KARON, TO THE DULUTH HUMAN RIGHTS COMMISSION. -- PASSED


07-0351R - RESOLUTION CONFIRMING THE APPOINTMENT OF TRACEY MUENCH TO THE DULUTH PUBLIC ARTS COMMISSION, REPLACING LEAH LAUCAMP. -- PASSED

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

07-0350R - RESOLUTION REQUESTING EVALUATION OF MANAGEMENT AND OPERATION OF CITY GOLF COURSES. -- PASSED

 

COMMITTEE 3


BY COUNCILOR JOHNSON               (PUBLIC WORKS & UTILITIES)


07-0317R - RESOLUTION AUTHORIZING THE EXECUTION OF TWO SEPARATE AGREEMENTS 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


07-0327R - RESOLUTION AWARDING A CONTRACT TO LHB, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN SERVICES FOR THE REPAIR OF THE COFFEE CREEK TUNNEL COLLAPSE AT 22ND AVENUE WEST AND FIRST STREET ALLEY IN THE AMOUNT OF $12,013. -- PASSED

 

07-0337R - RESOLUTION AUTHORIZING CITY OFFICIALS TO ENTER INTO A CONTRACT WITH WABASH POWER EQUIPMENT COMPANY FOR THE PURCHASE OF A COAL PULVERIZER AND FEEDER FOR A TOTAL ESTIMATED AMOUNT OF $71,621.25. -- PASSED


07-0338R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH FVB ENERGY, INC., FOR PROFESSIONAL ENGINEERING SERVICES IN COMPLETING A FEASIBILITY STUDY FOR CREATION OF A COOLING WATER DISTRICT BY DULUTH STEAM UTILITY DISTRICT ONE (TO INCLUDE THE DULUTH ENTERTAINMENT CONVENTION CENTER (DECC) AND DOWNTOWN DULUTH) FOR AN AMOUNT NOT TO EXCEED $20,350. -- PASSED


07-0339R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH BOTH ACE PROPERTY MAINTENANCE, INC., AND DEUCE COMPLETE PROPERTY CARE FOR GRASS CUTTING IN VARIOUS CITY LOCATIONS DURING YEAR 2007 FOR AN ESTIMATED AND COMBINED CONTRACT AMOUNT OF $46,000. -- PASSED


07-0340R - RESOLUTION AMENDING RESOLUTION 06-0090 FOR PROFESSIONAL ENGINEERING SERVICES WITH MSA PROFESSIONAL SERVICES, INC., FOR STUDYING THE MIDDLE, HIGHLAND AND WOODLAND WATER ZONES IN THE AMOUNT OF $22,129 FOR A NEW TOTAL OF $49,839. -- PASSED


07-0341R - RESOLUTION AMENDING CONTRACT NO. C20188 WITH MSA PROFESSIONAL SERVICES, INC., FOR PROFESSIONAL SERVICES TO DEVELOP SAFETY-RELATED PROCEDURES FOR FALL PROTECTION OPTIONS, AND PROCEDURES FOR THE USE OF FALL PROTECTION EQUIPMENT, AT WASTEWATER LIFT STATIONS THROUGHOUT THE CITY IN THE ESTIMATED AMOUNT OF $38.776 FOR A NEW TOTAL OF $56,433. -- PASSED


07-0347R - RESOLUTION AWARDING A CONTRACT TO STOUT MECHANICAL, INC., FOR LIFT STATION #21 IMPROVEMENTS IN THE AMOUNT OF $170,000. -- PASSED


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

07-0336R - RESOLUTION AUTHORIZING CITY OFFICIALS TO ENTER INTO A CONTRACT WITH NORTHSTAR FORD FOR THE PURCHASE OF A 2008 FORD F350 4X4 REGULAR CAB PICKUP FOR A TOTAL AMOUNT OF $35,067.94. -- PASSED


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


07-0310R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH AMATEUR YOUTH BASKETBALL ASSOCIATION PROVIDING FOR THE ASSOCIATION’S USE OF THE WASHINGTON RECREATION CENTER FOR ITS PROGRAM ACTIVITIES. -- PASSED


07-0319R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE OVER THE HILL NIGHT RIDERS SNOWMOBILE CLUB FOR GROOMING THE CROSS COUNTRY SNOWMOBILE TRAIL-WEST FOR AN AMOUNT NOT TO EXCEED $18,000. -- PASSED


07-0320R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DRIFT TOPPERS SNOWMOBILE CLUB FOR GROOMING THE CROSS COUNTRY SNOWMOBILE TRAIL-EAST FOR AN AMOUNT NOT TO EXCEED $6,000. -- PASSED

 

07-0349R - RESOLUTION AUTHORIZING A LAKEWALK TRAIL LICENSE AGREEMENT WITH THE ST. LOUIS AND LAKE COUNTIES REGIONAL RAILROAD AUTHORITY FOR OPERATION AND MAINTENANCE OF THE LAKEWALK TRAIL FROM 26TH AVENUE EAST TO 36TH AVENUE EAST. -- PASSED

 

END OF CONSENT AGENDA

 

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The following entitled resolutions were also considered:

 

COMMITTEE 1


BY COUNCILOR STEWART                                (FINANCE)

 

07-0363R - RESOLUTION AUTHORIZING EXECUTION OF A SUPPLEMENTAL LABOR AGREEMENT WITH THE DULUTH POLICE LOCAL UNION. -- PASSED UNANIMOUSLY

 

BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)

 

07-0287R - RESOLUTION APPROVING THE TRANSFER OF THE OFF SALE INTOXICATING LIQUOR LICENSE FROM NORTH AMERICAN INVESTORS (LIBERTY LIQUOR), 210 NORTH CENTRAL AVENUE, TO LIBERTY ENTERPRISES, INC. (LIBERTY LIQUOR), SAME ADDRESS. -- PASSED 7-0-1-1 (Reinert abstained)

 

BY COUNCILOR GILBERT                               (PERSONNEL)

 

07-0355R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE PAY RANGE FOR THE CIVIL SERVICE CLASSIFICATION OF SOLID WASTE COMPLIANCE OFFICER. -- RETURNED TO ADMINISTRATION

 

07-0364R - RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF MAINTENANCE WORKER HELPER AND SPECIFYING CONTRACT BENEFITS FOR SAME. -- FAILED 4-4-1 (Yeas: Reinert, Stauber, Stewart, Stover)

 

BY COUNCILORS GILBERT AND JOHNSON

 

07-0359R - RESOLUTION ASSURING PUBLIC REQUESTING THAT THE ADMINISTRATION RENEGOTIATE WITH LAKEWALK TOWNHOMES, LLC, AND ACHIEVE ARRANGEMENTS SO THAT THE PUBLIC WILL HAVE ACCESS TO AND USE OF LAKE SUPERIOR SHORELINE FROM 23RD AVENUE EAST TO NEAR 25TH AVENUE EAST. -- AMENDED & PASSED 7-1-1 (Little)

 

07-0360R - RESOLUTION OF INTENT TO APPROVE ADMINISTRATION’S PLAN NO. 4 WITH REGARD TO DEVELOPMENT OF THE LAKEWALK FROM 20TH AVENUE EAST TO 25TH AVENUE EAST. -- REMOVED FROM AGENDA

 

07-0361R - RESOLUTION REQUESTING THE ADMINISTRATION CONSTRUCT A RUDIMENTARY TRAIL THIS SUMMER ON THE LAKE FOR PUBLIC ACCESS AND USE FROM 23RD AVENUE EAST TO 25TH AVENUE EAST. -- REMOVED FROM AGENDA

 

COMMITTEE 2

 

BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

07-0313R - RESOLUTION AUTHORIZING AN AMENDMENT TO THE HOUSING INVESTMENT FUND (HIF) LOAN AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF DULUTH RELATED TO THE LAKE SUPERIOR VIEW CONDOMINIUMS. -- PASSED 7-1-1 (Krause)


07-0316R - RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE FISCAL YEAR 2005 HOME PROGRAM HOUSING DEVELOPMENT PROJECT PURCHASE-REHABILITATION-RESALE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES. -- PASSED UNANIMOUSLY


07-0326R - RESOLUTION TRANSFERRING FUNDS IN THE AMOUNT OF $50,000 IN THE 2007 HUD HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME). -- PASSED UNANIMOUSLY

 

BY COUNCILOR NESS                 (INTERGOVERNMENTAL RELATIONS)


07-0348R - RESOLUTION SUPPORTING DULUTH SUPERIOR COMMUNITY FOUNDATION ATTRACTING AND RETAINING YOUNG ADULTS TASK FORCE. -- TABLED

 

COMMITTEE 3


BY COUNCILOR JOHNSON               (PUBLIC WORKS & UTILITIES)

 

07-0334R - RESOLUTION ORDERING THE IMPROVEMENT KNOWN AS THE 2007 STREET PRESERVATION PROGRAM PURSUANT TO SECTION 61(b) OF THE HOME RULE CHARTER OF THE CITY OF DULUTH AT AN ESTIMATED COST OF $600,000. -- FAILED 4-4-1 (Yeas: Gilbert, Little, Reinert, Stover) [needs 7 votes to approve]

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

07-0321R - RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ANIMAL ALLIES HUMANE SOCIETY TO PROVIDE SPAY AND NEUTERING SERVICES TO THE CITY OF DULUTH AND TO LOW INCOME PET OWNERS IN THE AMOUNT OF $10,000. -- PASSED UNANIMOUSLY

 

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)

 

07-0342R - RESOLUTION AMENDING CONTRACT FOR HERITAGE SPORTS CENTER PROJECT (AFFECTS RESOLUTION 06-0773). -- TABLED

 

07-0352R - RESOLUTION AUTHORIZING THE TRANSFER OF $89,204.10 FROM THE DULUTH PUBLIC FACILITY AND PROGRAM FUND TO THE SKATE PARK FUND FOR THE PURPOSE OF CONSTRUCTING A SKATE PARK. -- PASSED 7-1-1 (Krause)

 

07-0353R - RESOLUTION ACCEPTING DEED GRANTS IN THE TOTAL AMOUNT OF $2,857,438 FOR THE DULUTH HERITAGE SPORTS CENTER, AUTHORIZING GRANT AGREEMENTS AND COMMITTING LOCAL MATCH. -- TABLED

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCES TABLED


COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


06-058-O - AN ORDINANCE AMENDING SECTIONS 44-1, 44-2, 44-5, 44-11, 44-14, 44-33 AND 44-34 OF THE DULUTH CITY CODE, 1959, AS AMENDED; REGULATING LIGHTED SIGNS. (TABLED 12/4 AND REFERRED TO PLANNING COMMISSION) -- REMAINED ON TABLE


07-020-O - AN ORDINANCE AMENDING SECTION 8-68 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO AREA RESTRICTIONS ON LIQUOR SALES. (TABLED 4/23 FOR ALCOHOL, GAMBLING AND TOBACCO COMMISSION REVIEW) -- REMAINED ON TABLE


COMMITTEE 2


BY COUNCILOR NESS                 (INTERGOVERNMENTAL RELATIONS)


07-021-O - AN ORDINANCE AMENDING SECTIONS 6-11, 6-12 AND 6-13 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO USE OF FEES FOR ANIMAL REGISTRATION AND LICENSING. (TABLED 4/23 FOR COMMITTEE MEETING) -- REMOVED FROM AGENDA


The following entitled ordinance was read for the first time:


COMMITTEE 1


BY COUNCILOR STEWART                                (FINANCE)

 

07-028-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $2,042,350 GENERAL OBLIGATION REVENUE BONDS OR NOTE OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL SEWER UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- 1st READING

 

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At this time, Councilor Gilbert left his seat.

 

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The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


07-024-O - AN ORDINANCE AMENDING CHAPTER 10A, SECTION 10, SECTION 11, SECTION 12 AND REPEALING CHAPTER 10A, SECTION 13, SECTION 14, SECTION 15 AND SECTION 16, OF THE DULUTH CITY CODE, 1959, AS AMENDED; REGULATING THE LICENSING OF GAMBLING OPERATORS, MANAGERS AND JAR OPERATORS. -- PASSED UNANIMOUSLY

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


07-022-O - AN ORDINANCE GRANTING TO GRANDMA’S RESTAURANT COMPANY A CONCURRENT USE PERMIT TO OCCUPY, SERVE AND MAINTAIN TABLES AND CHAIRS AND SERVE LIQUOR ON THE ELEVATED PUBLIC SIDEWALK/DECK IN BUCHANAN STREET AND CANAL PARK DRIVE, AND IMPOSING CERTAIN CONDITIONS, LIMITATIONS AND RESTRICTIONS IN RELATION TO SUCH CONCURRENT USE PERMIT (LITTLE ANGIE’S CANTINA AND GRILL, 11 BUCHANAN STREET). -- PASSED 6-1-2 (Krause)

 

07-023-O -AN ORDINANCE GRANTING TO PATRICIA KUSZLER A CONCURRENT USE PERMIT INTO THE RIGHT-OF-WAY OF LAKE AVENUE SOUTH MEASURING NINE FEET BY 60 FEET FOR AN EXISTING HOME LOCATED AT 3801 LAKE AVENUE SOUTH. (REPLACEMENT) (AS AMENDED ON 4/23) -- PASSED UNANIMOUSLY

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At this time, Councilor Gilbert returned to his seat.

 

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07-025-O - AN ORDINANCE AMENDING CHAPTER 50 SECTION 50-146, OF THE DULUTH CITY CODE, 1959, AS AMENDED; ALLOWING FOR RECREATIONAL VEHICLE PARKING IN DOWNTOWN WATERFRONT MIXED USE-DESIGN REVIEW DISTRICT. (REPLACEMENT) -- PASSED 7-1-1 (Krause)

 

07-027-O - AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO DULUTH GRAND, LLC, AND 311 SUPERIOR CONDOMINIUMS, LLC, CONCURRENT USE OF RIGHTS-OF-WAY OF THIRD AVENUE EAST AND SUPERIOR STREET LOCATED ON THE WEST SIDE AND ACROSS THE FRONT OF THE SHERATON DULUTH GRAND HOTEL AND 311 SUPERIOR CONDOMINIUMS AT THIRD AVENUE EAST AND SUPERIOR STREET. -- PASSED UNANIMOUSLY

 

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


07-026-O - AN ORDINANCE ALIENATING CERTAIN PROPERTY INTERESTS AT THE DULUTH INTERNATIONAL AIRPORT AND AUTHORIZING THE GRANT OF A SEWER EASEMENT TO RICE LAKE TOWNSHIP. -- PASSED UNANIMOUSLY


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