SEE DISCLAIMER

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ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, August 13, 2007

 

ROLL CALL -- ALL PRESENT

 

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RESOLUTIONS FOR RECONSIDERATION

 

COMMITTEE 2

 

BY COUNCILOR NESS                    


07-0509R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF GRANDMA’S ANGIE’S INC. (LITTLE ANGIE’S CANTINA), 11 EAST BUCHANAN STREET. -- TABLED

 

07-0510R - RESOLUTION DENYING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF GRANDMA’S ANGIE’S INC. (LITTLE ANGIE’S CANTINA), 11 EAST BUCHANAN STREET. -- TABLED

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RESOLUTIONS TABLED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


07-0503R - RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE- AND TWO-FAMILY RESIDENTIAL, TO C-1, COMMERCIAL, PROPERTY AT THE SOUTHWEST CORNER OF WOODLAND AVENUE AND NORTON STREET (CAROL ANDERSON). (TABLED 7/23) -- FAILED 1-8 (Stover)


07-0507R - RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION FROM R-3, APARTMENT RESIDENTIAL, TO C-1, COMMERCIAL, A TRIANGLE-SHAPED BLOCK OF PROPERTY BOUNDED BY GRAND AVENUE, SOUTH 69TH AVENUE WEST AND SHERBURNE STREET (MICHAEL KOSKI, WKK, INC.). (TABLED 7/23) -- FAILED 3-6 (Krause, Stauber, Stewart)


COMMITTEE 3


BY COUNCILOR JOHNSON               (PUBLIC WORKS & UTILITIES)


07-0502R - RESOLUTION AWARDING A CONTRACT TO STOUT MECHANICAL, INC., FOR CONSTRUCTION OF LAKEWALK EAST EXTENSION FROM 26TH AVENUE EAST TO 36TH AVENUE EAST IN THE AMOUNT OF $821,471. (TABLED 7/23)  -- PASSED UNANIMOUSLY

 

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MOTIONS AND RESOLUTIONS


The following entitled resolution was read for the second time:


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


07-0514R - RESOLUTION ACCEPTING THE BUSINESS SUBSIDY REPORT AND APPROVING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND DULUTH TECHNOLOGY PARK I, LLC. -- TABLED

 

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CONSENT AGENDA

All matters listed under the consent agenda were enacted by one unanimous motion.

COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


07-0517R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO WALTMAN-TESSIER MEMORIAL SOFTBALL TOURNAMENT. -- PASSED


07-0518R - RESOLUTION APPROVING THE 2:00 A.M. BEVERAGE LICENSE FOR PLAYER’S GRANDSTAND, INC. (PLAYER’S SPORTS BAR), 4024 GRAND AVENUE, AND DULUTH ENTERTAINMENT CONVENTION CENTER, 350 HARBOR DRIVE. -- PASSED


07-0519R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE LICENSED PREMISES OF THE ON SALE INTOXICATING LIQUOR LICENSE OF D&D ENTERPRISES OF CLOQUET (MR D’S BAR & GRILL), 5622 GRAND AVENUE. -- PASSED


07-0520R - RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH-SUPERIOR GLBT PRIDE, INC. (DULUTH-SUPERIOR GLBT PRIDE FESTIVAL), BAYFRONT PARK. -- PASSED


07-0521R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM ANDERSON GOLF, INC. (ENGER PARK GOLF COURSE), 1801 WEST SKYLINE PARKWAY, TO PROFESSIONAL GOLF MANAGEMENT, INC. (ENGER PARK GOLF COURSE), SAME ADDRESS. -- PASSED


07-0522R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE 3.2 PERCENT MALT LIQUOR LICENSE FROM PAUL SCHINTZ, INC. (LESTER PARK GOLF COURSE), 1860 LESTER RIVER ROAD, TO PROFESSIONAL GOLF MANAGEMENT, INC. (LESTER PARK GOLF COURSE), SAME ADDRESS. -- PASSED


07-0528R - RESOLUTION APPROVING THE ISSUANCE OF LAWFUL GAMBLING PREMISE PERMITS TO IRVING COMMUNITY ASSOCIATION. -- PASSED


07-0529R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR ARROWHEAD BOWHUNTERS ALLIANCE. -- PASSED

 

07-0530R - RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE ON SALE INTOXICATING LIQUOR LICENSE OF J&J MILLER, INC. (COPASETIC LOUNGE), 322 EAST CENTRAL ENTRANCE. -- PASSED


07-0538R - RESOLUTION IN THE MATTER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF JNC LIQUORS, INC. (WILD WEST LIQUOR), 318 NORTH CENTRAL AVENUE. -- PASSED


07-0539R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF J&J MILLER, INC. (COPASETIC LOUNGE), 322 EAST CENTRAL ENTRANCE. -- PASSED


07-0540R - RESOLUTION IN THE MATTER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF BUNSIE, INC. (SPIRIT BOTTLE SHOPPE), 5801 GRAND AVENUE. -- PASSED


07-0541R - RESOLUTION IN THE MATTER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF CITY WINE & LIQUOR STORE, INC. (WAREHOUSE LIQUOR STORE), 104 WEST CENTRAL ENTRANCE. -- PASSED


BY COUNCILOR GILBERT                               (PERSONNEL)


07-0533R - RESOLUTION CONFIRMING THE APPOINTMENT OF JAMES A. LAUMEYER TO THE ENTERTAINMENT AND CONVENTION CENTER AUTHORITY, REPLACING JOHN BRAY. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER    (PLANNING & ECONOMIC DEVELOPMENT)


07-0513R - RESOLUTION ACCEPTING $4,933.94 IN SETTLEMENT OF THE DEBT OWED BY JOSHUA THOMAS VOLDEN, DOING BUSINESS AS BROTHER EARTH, TO THE REVOLVING LOAN FUND FORMERLY OPERATED BY NORTH STAR COMMUNITY DEVELOPMENT CORPORATION (NSCDC) AND AUTHORIZING EXECUTION OF A RELEASE. -- PASSED


07-0537R - RESOLUTION AUTHORIZING DULUTH AIRPORT NORTH BUSINESS DEVELOPMENT AREA REDEVELOPMENT GRANT APPLICATION. -- PASSED


07-0545R - RESOLUTION AUTHORIZING CONTRACT WITH SPIRIT VALLEY CITIZENS NEIGHBORHOOD DEVELOPMENT ASSOCIATION (SVCNDA) FOR NEIGHBORHOOD REVITALIZATION PLANNING FOR WEST DULUTH AND MORGAN PARK IN THE AMOUNT OF $15,000. -- PASSED


BY COUNCILOR NESS                 (INTERGOVERNMENTAL RELATIONS)


07-0489R - RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF ADMINISTRATION, SUBLEASING OFFICE SPACE IN THE MINNESOTA WORKFORCE CENTER - DULUTH FOR COSTS NOT TO EXCEED $65,000 FOR THE PERIOD 08/01/2007 THROUGH 07/31/2010. -- PASSED


BY PRESIDENT STOVER                   (COMMITTEE OF THE WHOLE)


07-0543R - RESOLUTION DESIGNATING POLLING PLACES FOR THE SEPTEMBER 11, 2007, MUNICIPAL PRIMARY ELECTION AND THE NOVEMBER 6, 2007, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION. -- PASSED


07-0544R - RESOLUTION APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 11, 2007, MUNICIPAL PRIMARY ELECTION AND THE NOVEMBER 6, 2007, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION. -- PASSED


07-0549R - RESOLUTION APPROVING APP0INTMENT OF KATHLEEN BERGEN TO POSITION OF DIRECTOR OF PARKS AND RECREATION ON INTERIM BASIS. -- PASSED


COMMITTEE 3


BY COUNCILOR JOHNSON               (PUBLIC WORKS & UTILITIES)


07-0532R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH DULUTH SUPERIOR ERECTION, INC., FOR THE REPLACEMENT AND REPAIR OF TWO STEAM VAULTS - ROOF AND WALLS - ON THIRD AVENUE EAST AND SUPERIOR STREET AND THIRD AVENUE EAST AND FIRST STREET ALLEY FOR A TOTAL ESTIMATED AMOUNT OF $55,550. -- PASSED


07-0542R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF KATHRYN J. MAKOUTZ IN THE AMOUNT OF $19,192.06. -- PASSED


07-0546R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AYRES ASSOCIATES FOR ENGINEERING SERVICES FOR YEAR 2008 STREET IMPROVEMENT PROGRAM FOR MORLEY HEIGHTS IN AN ESTIMATED AMOUNT OF $134,932. -- PASSED


07-0547R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH KRECH OJARD & ASSOCIATES FOR ENGINEERING SERVICES FOR YEAR 2008 STREET IMPROVEMENT PROGRAM FOR LAKESIDE-ROCKVIEW IN AN ESTIMATED AMOUNT OF $144,222. -- PASSED

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


07-0531R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH E&W PROPERTIES LLC FOR PROFESSIONAL SERVICES IN THE MANAGEMENT OF MINNESOTA TENANT REMEDIES ACT (TRA) PROPERTIES AS CONTROLLED BY THE CITY UNTIL SUCH TIME AS PROPERTIES ARE RETURNED TO SAID PROPERTY OWNERS. -- PASSED


07-0536R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $66,561 AND TO AUTHORIZE THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH ST. LOUIS COUNTY. -- PASSED


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


07-0410R - RESOLUTION AUTHORIZING THE CITY TO BE A SPONSOR OF THE 2007 NORTHSHORE INLINE MARATHON AT A COST TO THE CITY OF $15,000. -- PASSED


07-0515R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA IN THE AMOUNT OF $270,000 AND TO EXECUTE THE GRANT AGREEMENT (LAKE SUPERIOR ZOO). -- PASSED


07-0535R - RESOLUTION ACCEPTING UNCONDITIONAL GIFTS FROM THE FRIENDS OF THE DULUTH PUBLIC LIBRARY FOR THE BENEFIT OF THE LIBRARY. -- PASSED


END OF CONSENT AGENDA


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The following entitled resolutions were also considered:


COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


07-0552R - RESOLUTION ADOPTING FORM OF PROJECT LABOR AGREEMENT AS SET OUT IN SECTION 2-29 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- TABLED FOR 8/27 COMMITTEE MEETING


COMMITTEE 2

 

BY COUNCILOR STAUBER    (PLANNING & ECONOMIC DEVELOPMENT)

 

07-0516R - RESOLUTION REQUESTING THE FREE CONVEYANCE OF 466.6 ACRES OF TAX FORFEITED LAND FOR PUBLIC RECREATION AND TRAIL PURPOSES AND FREE CONVEYANCE OF 4.13 ACRES OF TAX FORFEITED LAND FOR PUBLIC ROADWAY AND UTILITY PURPOSES, LOCATED IN THE AMITY CREEK-LESTER RIVER WATERSHED AREA, NORTH OF SUPERIOR STREET TO THE NORTHERN CITY LIMITS. -- PASSED 7-2 (Little, Stewart)


BY PRESIDENT STOVER                   (COMMITTEE OF THE WHOLE)


07-0548R - RESOLUTION AUTHORIZING AN APPLICATION FOR TEMPORARY PRIVATE USE OF GARFIELD AVENUE. -- TABLED FOR 8/27 COMMITTEE MEETING


COMMITTEE 3


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


07-0534R - RESOLUTION ACCEPTING A GIFT IN THE AMOUNT OF $6,000 FROM ALLEN AND JANICE WILLMAN TO BE USED FOR THE PURCHASE AND CARE OF A POLICE CANINE AND THE TRAINING OF THE CANINE AND ITS POLICE HANDLER. -- PASSED UNANIMOUSLY

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


The following entitled ordinances were read for the first time:


COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


07-054-O - AN ORDINANCE CREATING A NEW SECTION 2-29 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REQUIRING PROJECT LABOR AGREEMENT FOR CITY PROJECTS. -- 1st READING


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


07-053-O - AN ORDINANCE AMENDING SECTIONS 50-35 AND 50-56 OF THE DULUTH CITY CODE, 1959, AS AMENDED; REGULATING THE LOCATION OF RESIDENTIAL CARE FACILITIES AND ELDERLY CONGREGATE HOUSING AND REQUIRING THAT ALL SUCH HOUSING TYPES BE AUTHORIZED BY SPECIAL USE PERMIT. -- 1st READING/REFERRED TO PLANNING COMMISSION


COMMITTEE 3


BY COUNCILOR JOHNSON               (PUBLIC WORKS & UTILITIES)


07-052-O - AN ORDINANCE AUTHORIZING RECONVEYANCE OF PROPERTY IN THE RIVERSIDE AREA KNOWN AS TALLUS ISLAND TO THE STATE OF MINNESOTA. -- 1st READING


The following entitled ordinances were read for the second time:


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


07-045-O - A SECOND ORDINANCE AMENDING ORDINANCE 9828 ADDING A PLAT NAME TO THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY. -- PASSED UNANIMOUSLY


07-046-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 38, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE- AND TWO-FAMILY RESIDENTIAL TO C-1, COMMERCIAL, PROPERTY AT THE SOUTHWEST CORNER OF WOODLAND AVENUE AND NORTON STREET (CAROL ANDERSON). -- PASSED UNANIMOUSLY


07-048-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 12 AND 14, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-3, APARTMENT RESIDENTIAL, TO C-1, COMMERCIAL, A TRIANGLE-SHAPED BLOCK OF PROPERTY BOUNDED BY GRAND AVENUE, SOUTH 69TH AVENUE WEST AND SHERBURNE STREET (MICHAEL KOSKI, WKK, INC.). -- PASSED 6-3 (Krause, Stauber, Stewart) 


07-051-O - AN ORDINANCE AMENDING SECTION 29A-32 OF THE DULUTH CITY CODE 1959, AS AMENDED, RELATING TO RENTAL LICENSING. -- PASSED 6-3 (Reinert, Stewart, Stover) 


BY PRESIDENT STOVER                   (COMMITTEE OF THE WHOLE)


07-049-O - AN ORDINANCE AMENDING SECTION 19 OF THE CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CHIEF ADMINISTRATIVE OFFICER. -- FAILED 4-5 (Ness, Little, Stauber, Stewart)


07-050-O - AN ORDINANCE AMENDING SECTION 26 OF THE CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CITY ATTORNEY. -- FAILED 8-1 (Krause) [Needed unanimous vote to pass]

 

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At this time, Councilor Johnson left her seat.

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COMMITTEE 3


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


07-044-O - AN ORDINANCE GOVERNING PARKING ON NON-SNOW EMERGENCY ROUTES DURING SNOW EMERGENCIES, AMENDING SECTIONS 33-97.1, 33-97.3, 33-97.4 AND 33-97.8 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- PASSED UNANIMOUSLY

 

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At this time, Councilor Johnson returned to her seat.

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07-047-O - AN ORDINANCE REPEALING ARTICLE XX OF CHAPTER 2 OF THE CITY CODE RELATING TO THE SISTER CITY COMMISSION. -- PASSED UNANIMOUSLY


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