ACTIONS

DULUTH CITY COUNCIL MEETING
Monday, February 26, 2001

ROLL CALL -- ALL PRESENT
APPROVAL OF MINUTES - November 27, 30, December 4, 18 and 21, 2000. -- APPROVED

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RESOLUTION RECONSIDERED

01-0120R - RESOLUTION APPROVING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR JIM'S HAMBURGERS LOCATED AT 2005 WEST SUPERIOR STREET. -- AMENDED, PASSED 8 - 1 (Edwards)

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RESOLUTIONS TABLED

01-0082R - RESOLUTION APPROVING DEDA AGREEMENT WITH BRW, INC., PURSUANT TO DEDA RESOLUTION 01D-08. (TABLED 1/29) -- REMAINED ON TABLE

01-0091R - RESOLUTION AMENDING RULE 3 OF THE STANDING RULES OF THE CITY COUNCIL. (TABLED 2/12) -- AMENDED, PASSED 7 - 2 (Edwards, Stenberg)

01-0095R - RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS AND UTILITIES TO EXERCISE THE POWERS SET FORTH IN MINNESOTA STATUTES 453A.01 TO 453A.12 IN CONJUNCTION WITH THE OPERATION OF THE GAS UTILITY. (TABLED 2/12) -- REMAINED ON TABLE

01-0093R - RESOLUTION AMENDING RULE 14 OF THE STANDING RULES (COMMITTEE APPOINTMENTS). (TABLED 2/12) -- PASSED 7 - 2 (Edwards, Stenberg)

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MOTIONS AND RESOLUTIONS

CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA WERE BY ONE UNANIMOUS MOTION.

01-0154R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF $1,405,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001A. -- PASSED UNANIMOUSLY

01-0155R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF $3,135,000 GENERAL OBLIGATION BAYFRONT FESTIVAL PARK IMPROVEMENT BONDS, SERIES 2001B. -- PASSED UNANIMOUSLY

01-0156R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF GENERAL OBLIGATION REFUNDING REVENUE BONDS (DULUTH ENTERTAINMENT CONVENTION CENTER/IMAX® DOME THEATER PROJECT), SERIES 2001C. -- PASSED UNANIMOUSLY

01-0157R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF DEMOLITION OF BUILDING AT 1534-36 WEST SUPERIOR STREET; AND CONSTRUCTION OF A SANITARY SEWER IN SEVENTH AVENUE WEST, SECOND STREET ALLEY TO 75 FEET NORTH. -- PASSED UNANIMOUSLY

01-0131R - RESOLUTION AWARDING CONTRACT TO CELLULAR ONE DULUTH/SUPERIOR ($43,000) AND VERIZON WIRELESS ($30,250) FOR CELLULAR AIR TIME SERVICE AND HARDWARE, IN THE TOTAL AMOUNT OF $73,250. -- PASSED UNANIMOUSLY

01-0132R - RESOLUTION AWARDING CONTRACT TO ZIEGLER, INC., FOR O.E.M. PARTS AND REPAIRS FOR CATERPILLAR EQUIPMENT, IN AN ESTIMATED AMOUNT OF $30,000. -- PASSED UNANIMOUSLY

01-0134R - RESOLUTION AUTHORIZING THE EXTENSION OF THE EXISTING SOFTWARE LICENSE RENTAL AGREEMENT WITH INTERNATIONAL BUSINESS MACHINES CORPORATION, IN AN ESTIMATED AMOUNT OF $72,000. -- PASSED UNANIMOUSLY

01-0137R - RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH CURLING CLUB, INC. (DULUTH CURLING CLUB), 327 HARBOR DRIVE. -- PASSED UNANIMOUSLY

01-0138R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF D & D ENTERPRISES OF CLOQUET, INC. (MR. D'S SPIRIT VALLEY), 5622 GRAND AVENUE. -- PASSED UNANIMOUSLY

01-0139R - RESOLUTION APPROVING ISSUANCE OF AN ON SALE CLUB LICENSE TO DUPREY-ALEXANDER, VFW POST #137, 2024 WEST SUPERIOR STREET. -- PASSED UNANIMOUSLY

01-0140R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE FROM DUPREY-ALEXANDER, VFW POST #137, 2024 WEST SUPERIOR STREET, AND ISSUING AN ON SALE SUNDAY LICENSE TO ZENITH DULUTH, INC. (THE INN ON LAKE SUPERIOR), 350 CANAL PARK DRIVE. -- PASSED UNANIMOUSLY

01-0141R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE, AND DANCING LICENSE FROM MODERN HOTEL, INC. (TOM'S JUNKYARD), 2023 WEST SUPERIOR STREET, TO COUGHLIN TARVAS, INC. (BEDROCK BAR), 2023 WEST SUPERIOR STREET. -- PASSED UNANIMOUSLY

01-0142R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE, ADDITIONAL BAR LICENSE AND DANCING LICENSE FROM WESTERN DEVELOPMENT, INC. (WESTERN LOUNGE), 2801 WEST SUPERIOR STREET, TO LINCOLN PARK WESTERN CORPORATION (WESTERN TAVERN), SAME ADDRESS. -- PASSED UNANIMOUSLY

01-0143R - RESOLUTION ISSUING A TEMPORARY ON SALE NONINTOXICATING MALT LIQUOR LICENSE TO HERMANTOWN VOLUNTEER FIRE DEPARTMENT, 4015 AIRPARK BOULEVARD. -- PASSED UNANIMOUSLY

01-0144R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO DULUTH CURLING CLUB. -- PASSED UNANIMOUSLY

01-0158R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SUPERIORUSA BENEFITS CORPORATION TO PROVIDE ADMINISTRATIVE SERVICES FOR A FLEXIBLE BENEFITS PLAN FOR THE CITY FOR YEAR 2001, AT AN ESTIMATED COST OF $10,991. -- PASSED UNANIMOUSLY

01-0133R - RESOLUTION ABOLISHING 26 OBSOLETE AND INACTIVE JOB CLASSIFICATIONS. -- PASSED UNANIMOUSLY

01-0146R - RESOLUTION CONFIRMING REAPPOINTMENTS OF JOHN EVANS, DENICE JOHNSON, BONNIE JORGENSON AND CHARLES THOMPSON TO COMMUNITY DEVELOPMENT COMMITTEE. -- PASSED UNANIMOUSLY

01-0147R - RESOLUTION CONFIRMING REAPPOINTMENTS OF KAREN ERICKSON, DERRICK PARKER AND CAROL THOMSON TO NEIGHBORHOOD ADVISORY COMMITTEE. -- PASSED UNANIMOUSLY

01-0149R - RESOLUTION VACATING PORTIONS OF WEST MICHIGAN STREET LOCATED BETWEEN GARFIELD AVENUE AND 18TH AVENUE WEST (DULUTH BUILDING LIMITED LIABILITY COMPANY/NORTHSTAR FORD). -- PASSED UNANIMOUSLY

01-0150R - RESOLUTION VACATING AN ABANDONED PORTION OF HOWARD GNESEN ROAD (C.S.A.H. NO. 34) LOCATED NORTH OF MCFARLANE ROAD (EDGERTON). -- PASSED UNANIMOUSLY

01-0127R - RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND THE ST. LOUIS COUNTY BOARD FOR THE FURNISHING OF HOME-DELIVERED MEALS FOR THE PERIOD FROM JANUARY 1, 2001, TO JUNE 30, 2002. -- PASSED UNANIMOUSLY

01-0126R - RESOLUTION AWARDING CONTRACT TO MINNEGASCO, INC., FOR 6,000 POUNDS OF NATURAL GAS ODORANT, IN THE AMOUNT OF $14,412.50. -- PASSED UNANIMOUSLY

01-0135R - RESOLUTION AWARDING CONTRACT TO HALLETT DOCK COMPANY FOR CLASS 5 GRAVEL, IN THE AMOUNT OF $56,791.93. -- PASSED UNANIMOUSLY

01-0153R - RESOLUTION AWARDING CONTRACT TO HYDRO SUPPLY COMPANY, INC., FOR WATER METER REPAIR PARTS, IN THE AMOUNT OF $35,000. -- PASSED UNANIMOUSLY

01-0148R - RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND FIELD TRAINING ASSOCIATES TO PROVIDE POLICE FIELD TRAINING COURSES FOR A CONSIDERATION OF $6,250. -- PASSED UNANIMOUSLY

01-0128R - RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND THE DULUTH AREA FAMILY SERVICES COLLABORATIVE FOR A TIME STUDY FUNDING GRANT FOR THE PERIOD FROM JANUARY 1, 2001 TO DECEMBER 31, 2001. -- PASSED UNANIMOUSLY

01-0152R - RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR TIME EXTENSION OF THE AGREEMENT FOR THE MAINTENANCE OF SNOWMOBILE TRAILS IN THE CITY. -- PASSED UNANIMOUSLY

END OF CONSENT AGENDA

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The following entitled resolutions were also considered at this meeting:

01-0159R - RESOLUTION APPROVING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR UNCLE LOUIS CAFE LOCATED AT 520 EAST FOURTH STREET. -- AMENDED, PASSED 8 - 1 (Edwards)

01-0160R - RESOLUTION DENYING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR UNCLE LOUIS CAFE LOCATED AT 520 EAST FOURTH STREET. -- FAILED 0 - 9

01-0161R - RESOLUTION APPROVING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR 21ST DELIGHT LOCATED AT 2125 WEST SUPERIOR STREET. -- PASSED 7 - 2 (Edwards, Gilbert)

01-0162R - RESOLUTION DENYING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR 21ST DELIGHT LOCATED AT 2125 WEST SUPERIOR STREET. -- FAILED 1 - 8 (Gilbert)

01-0151R - RESOLUTION SUPPORTING AN INCREASE BY HUD OF THE DULUTH FAIR MARKET RENTAL RATES. -- PASSED UNANIMOUSLY

01-0168R - RESOLUTION GRANTING A VARIANCE FROM STREET IMPROVEMENT PROJECT STANDARDS FOR 30TH AVENUE EAST BETWEEN GREYSOLON ROAD AND SUPERIOR STREET TO ALLOW A 20 FOOT STREET WIDTH. -- AMENDED, PASSED UNANIMOUSLY

01-0169R - RESOLUTION DENYING A VARIANCE FROM STREET IMPROVEMENT PROJECT STANDARDS FOR 30TH AVENUE EAST BETWEEN GREYSOLON ROAD AND SUPERIOR STREET TO ALLOW A 20 FOOT STREET WIDTH. -- FAILED 0 - 9

01-0175R - RESOLUTION PERTAINING TO THE SPIRIT MOUNTAIN GOLF COURSE; REQUESTING ADDITIONAL INFORMATION BEFORE WORK PERMITS ARE ISSUED. -- TABLED

01-0176R - RESOLUTION PERTAINING TO THE SPIRIT MOUNTAIN GOLF COURSE; REQUESTING SPIRIT MOUNTAIN TO TAKE CERTAIN ACTIONS AGAINST THE DEVELOPER. -- TABLED

01-0177R - RESOLUTION PERTAINING TO THE SPIRIT MOUNTAIN GOLF COURSE; REQUESTING SPIRIT MOUNTAIN RECREATION AUTHORITY TO ASCERTAIN WHETHER THE GOLF COURSE PROJECT CONSTITUTES A CONVERSION TO PRIVATE USE UNDER THE FEDERAL LAND AND WATER CONSERVATION FUND ACT OF 1965. -- TABLED

01-0163R - RESOLUTION OF INTENT TO CONSTRUCT A PERMANENT RESIDENTIAL STREET NAMED LOVER'S LANE IN LAKEVIEW DIVISION, FIRST ADDITION AND SANITARY SEWER, WATER AND GAS TO SERVE LOTS 1, 2, 3 AND 4 IN BLOCK 2, LAKEVIEW DIVISION, FIRST ADDITION. -- TABLED

01-0170R - RESOLUTION AMENDING RESOLUTION 01-0038 TO PROVIDE FOR A PEDESTRIAN UNDERPASS UNDER PART OF TRUNK HIGHWAY 53 RENUMBERED AS TRUNK HIGHWAY NO. 106 (PIEDMONT AVENUE). -- AMENDED, PASSED UNANIMOUSLY

01-0174R - RESOLUTION MEMORIALIZING THE CITY'S OPPOSITION TO PROPOSED STATE TAXES ON NOT FOR PROFIT CORPORATIONS. -- RESOLUTION SPLIT - (a) PASSED 5 - 4 (Eckenberg, Edwards, Hogg, Stenberg); (b) PASSED UNANIMOUSLY

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

The following entitled ordinances were read for the second time:

01-005-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS OF THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $350,000 FOR THE IMPROVEMENT OF THE DULUTH STEAM PLANT UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- PASSED UNANIMOUSLY

99-023-O - AN ORDINANCE EXEMPTING CERTAIN RURAL RESIDENTIAL PROPERTY FROM STORMWATER UTILITY FEES; AMENDING SECTIONS 43-65 AND 43-66 OF THE DULUTH CITY CODE, 1959, AS AMENDED. (AS AMENDED) -- PASSED UNANIMOUSLY, AS AMENDED

01-006-O - AN ORDINANCE CHANGING THE NOTIFICATION PROCEDURE FOR THE DEMOLITION OF DANGEROUS OR DILAPIDATED STRUCTURES WHEN THE BUILDING OWNER IS KNOWN TO BE DECEASED; AMENDING SECTION 10-3 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- PASSED UNANIMOUSLY

01-003-O - AN ORDINANCE PERTAINING TO SANITARY SEWERS IN THE FOND DU LAC AREA OF DULUTH; ADDING A NEW ARTICLE XII TO CHAPTER 43, DULUTH CITY CODE, 1959, AS AMENDED. -- TABLED

01-004-O - AN ORDINANCE PERTAINING TO THE PROCUREMENT OF NATURAL GAS BY THE DEPARTMENT OF PUBLIC WORKS AND UTILITIES, ADDING AN ARTICLE XVI TO CHAPTER 48 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- TABLED

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