ACTIONS 
DULUTH CITY COUNCIL MEETING
May 14, 2001

ROLL CALL -- Absent:  Councilor Stenberg
APPROVAL OF MINUTES - April 9 and 24, 2001. -- APPROVED

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RESOLUTIONS TABLED

01-0229R - RESOLUTION APPOINTING A NEW MEMBER TO CITIZENS ADVISORY COMMITTEE FOR COMPREHENSIVE PLANNING REPLACING PEGGY MARRIN. (TABLED 3/19) -- REMAINED ON TABLE

01-0310R - RESOLUTION CONFIRMING APPOINTMENT OF BARBARA HANSON TO PLANNING COMMISSION REPLACING ALAN BILLINGTON. (TABLED 4/24) -- FAILED 3 - 5 (Eckenberg, Edwards, Hogg)

01-0175R - RESOLUTION PERTAINING TO THE SPIRIT MOUNTAIN GOLF COURSE; REQUESTING ADDITIONAL INFORMATION BEFORE WORK PERMITS ARE ISSUED. (TABLED 2/26) (REPLACEMENT) -- REMAINED ON TABLE

01-0176R - RESOLUTION PERTAINING TO THE SPIRIT MOUNTAIN GOLF COURSE; REQUESTING SPIRIT MOUNTAIN TO TAKE CERTAIN ACTIONS AGAINST THE DEVELOPER. (TABLED 2/26) (REPLACEMENT) -- REMAINED ON TABLE

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 2/26) (REPLACEMENT) -- REMAINED ON TABLE

01-0290R - RESOLUTION AMENDING RULE 2 OF THE STANDING RULES OF THE CITY COUNCIL. (TABLED 4/24) -- REMAINED ON TABLE

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MOTIONS AND RESOLUTIONS

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

01-0330R - RESOLUTION AUTHORIZING REIMBURSEMENT OF $20,000 TO ARROWHEAD YOUTH SOCCER ASSOCIATION FOR PARTIAL COSTS OF SOD INSTALLED AT THE JEAN DULUTH SOCCER FIELD COMPLEX AND AMENDMENT TO OUTSTANDING NOTE. -- PASSED

01-0348R - RESOLUTION AWARDING CONTRACT TO WASTE MANAGEMENT OF NORTHERN MINNESOTA FOR GARBAGE/REFUSE REMOVAL IN THE AMOUNT OF $103,100. -- PASSED

01-0362R - RESOLUTION APPROVING THE ISSUANCE OF LAWFUL GAMBLING PREMISE PERMITS TO LAKE SUPERIOR STEELHEAD ASSOCIATION, EPILEPSY FOUNDATION OF NORTHEASTERN MINNESOTA AND CLIMB THEATER. -- PASSED

01-0363R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO PHEASANTS FOREVER, ARROWHEAD CHAPTER. -- PASSED

01-0373R - RESOLUTION AUTHORIZING CONSTRUCTION CONTRACT TO FOUR-STAR CONSTRUCTION, INC., FOR WADE STADIUM DUGOUT IMPROVEMENTS, ON ITS LOW BID OF $85,677. -- PASSED

01-0375R - RESOLUTION AWARDING CONTRACT TO CHESLEY FREIGHTLINER-DULUTH FOR ONE CAB AND CHASSIS IN THE AMOUNT OF $59,136.50. -- PASSED

01-0376R - RESOLUTION AWARDING CONTRACT TO RUFFRIDGE JOHNSON EQUIPMENT COMPANY FOR ONE STREET FLUSHER IN THE AMOUNT OF $51,550.51. -- PASSED

01-0339R - RESOLUTION REAPPOINTING DENNIS E. BIRCHLAND TO CIVIL SERVICE BOARD. -- PASSED

01-0352R - RESOLUTION CONFIRMING APPOINTMENT OF DORIAN BEAULIEU TO DULUTH PUBLIC ARTS COMMISSION REPLACING CATHERINE ISHINO. -- PASSED

01-0326R - RESOLUTION AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT IN THE AMOUNT OF $50,000 WITH THE YWCA. -- PASSED

01-0331R - RESOLUTION DECLARING HISTORIC PRESERVATION WEEK IN DULUTH MAY 13-19, 2001. -- PASSED

01-0335R - RESOLUTION AMENDING RESOLUTION 99-0746 TO ADD A NEW PROJECT TO THE 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND TO REPROGRAM $50,000 INTO THE NEW PROJECT ACCOUNT. -- PASSED

01-0372R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH INDEPENDENT CONSULTING ENGINEERS, INC., FOR PROVIDING CERTAIN ENGINEERING SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE DESIGN FOR AN OUTDOOR/SEASONAL ICE RINK AT LOWER CHESTER, IN AN AMOUNT NOT TO EXCEED $10,675. -- PASSED

01-0343R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE GREATER DOWNTOWN COUNCIL REGARDING CERTAIN DOWNTOWN PROGRAMS IN THE AMOUNT OF $87,194. -- PASSED

01-0361R - RESOLUTION SUPPORTING APPLICATION OF DAVID AND MICHAEL HUDYMA, D/B/A BRIGHAM UPHOLSTERY, INC., FOR A STATE CHALLENGE GRANT. -- PASSED

01-0333R - RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE ST. LOUIS AND LAKE COUNTIES REGIONAL RAILROAD AUTHORITY FOR EXCLUSIVE USE OF MUNICIPAL LOT D FOR THE PERIOD JUNE 1, 2001, THROUGH SEPTEMBER 30, 2001, AT NO COST TO AUTHORITY. -- PASSED

01-0313R - RESOLUTION AWARDING CONTRACT TO EGGEBRECHT CHEVROLET-OLDS FOR FOUR CHEVROLET PICKUP TRUCKS IN THE AMOUNT OF $122,426.01. -- PASSED

01-0327R - RESOLUTION ACCEPTING A GRANT OF $201,301.76 FROM THE STATE TRANSPORTATION FUND FOR THE RECONSTRUCTION OF THE KEENE CREEK BRIDGE ON THE SKYLINE PARKWAY. -- PASSED

01-0329R - RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DOUGLAS J. BLESENER AND MOLLY K. BLESENER TO EXTEND A WATERMAIN AND FOR A PERMANENT IMPROVEMENT OF TIOGA STREET NORTH OF COLORADO STREET. -- PASSED

01-0332R - RESOLUTION AUTHORIZING THE EXECUTION OF ROUTINE MAINTENANCE AGREEMENT NO. 81553 BETWEEN THE CITY OF DULUTH AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR PROVIDING CERTAIN SERVICES BY THE CITY OF DULUTH FOR AN ESTIMATED AMOUNT OF $357,559.84. -- PASSED

01-0334R - RESOLUTION AUTHORIZING PAYMENT OF $10,555.80 TO OHIO CASUALTY GROUP, AS SUBROGEE OF ROBERT OLSON, FOR SETTLEMENT OF ALL SUBROGATION CLAIMS ARISING FROM WATERMAIN BREAK ON JANUARY 30, 2000. -- PASSED

01-0338R - RESOLUTION AUTHORIZING THE EXECUTION OF MAINTENANCE AGREEMENT NO. 81554 BETWEEN THE CITY OF DULUTH AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR PROVIDING VEGETATION, LANDSCAPE AND SIDEWALK MAINTENANCE SERVICES BY THE CITY OF DULUTH ALONG TRUNK HIGHWAY 53 FOR AN ESTIMATED AMOUNT OF $20,000. -- PASSED

01-0344R - RESOLUTION AWARDING CONTRACT TO REDSTONE CONSTRUCTION COMPANY FOR RECONSTRUCTION OF BRIDGE NUMBER 69639 ON SKYLINE PARKWAY IN THE AMOUNT OF $297,069.37. (REPLACEMENT) -- PASSED

01-0345R - RESOLUTION AWARDING CONTRACT TO LEVINE AND SONS, INC., FOR YEAR 2001 STREET IMPROVEMENT AT WOODLAND AVENUE CENTRAL WEST IN THE AMOUNT OF $471,525.76. -- PASSED

01-0346R - RESOLUTION AWARDING CONTRACT TO HYDRO SUPPLY COMPANY, INC., FOR COLD WATER METERS IN THE AMOUNT OF $81,301.61. -- PASSED

01-0354R - RESOLUTION AWARDING CONTRACT TO DRESSER MEASUREMENT FOR 53 ROOTS TEMPERATURE COMPENSATED NATURAL GAS METERS IN THE AMOUNT OF $42,980.21. -- PASSED

01-0355R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS, INC., FOR CONSTRUCTION OF YEAR 2001 STREET IMPROVEMENT PROJECT OF DENNEY DRIVE IN THE AMOUNT OF $162,879.10. -- PASSED

01-0356R - RESOLUTION AWARDING CONTRACT TO NELS NELSON AND SONS, INC., FOR CONSTRUCTION OF YEAR 2001 STREET IMPROVEMENT PROJECT OF LAKESIDE CENTRAL IN THE AMOUNT OF $599,682.82. -- PASSED

01-0357R - RESOLUTION AWARDING CONTRACT TO DUNCAN INDUSTRIES FOR ELECTRONIC PARKING METERS IN THE AMOUNT OF $103,493.51. -- PASSED

01-0358R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICERS TO SECURE AND EXECUTE A LIMITED USE PERMIT FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE LAKE PLACE PARKING LOT. -- PASSED

01-0366R - RESOLUTION AWARDING CONTRACT TO LETOURNEAU AND SONS, INC., FOR CONSTRUCTION OF EAST SUPERIOR STREET IN THE AMOUNT OF $744,608.45. -- PASSED

01-0367R - RESOLUTION AWARDING CONTRACT TO NELS NELSON AND SONS, INC., FOR CONSTRUCTION OF YEAR 2001 STREET IMPROVEMENT PROJECT OF LOWER CONGDON PARK WEST IN THE AMOUNT OF $597,718.68. -- PASSED

01-0368R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH L.H.B. ENGINEERS AND ARCHITECTS TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR DESIGN OF RETAINING WALL ON 13TH STREET, ESTIMATED AT $6,626. -- PASSED

01-0349R - RESOLUTION AWARDING CONTRACT TO ST. LOUIS COUNTY DEPARTMENT OF COMMUNICATIONS FOR COMPUTER AIDED DISPATCH SYSTEM ACCESS IN THE AMOUNT OF $24,360. -- PASSED

01-0328R - RESOLUTION ACCEPTING A GRANT OF $27,500 FROM THE LINCOLN PARK YOUTH COLLABORATIVE FOR YOUTH RECREATIONAL PROGRAMS FOR THE PERIOD FROM JANUARY 1, 2001, TO DECEMBER 31, 2001. -- PASSED

01-0359R - RESOLUTION AUTHORIZING A LICENSING AGREEMENT WITH CANADA STAINED GLASS LIMITED AND PROVIDING FOR PROCEEDS THEREOF TO BE DEPOSITED INTO THE MUNICIPAL ARTS FUND. -- PASSED

01-0364R - 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 are also for consideration at this meeting:

01-0360R - RESOLUTION DIRECTING THE CITY ATTORNEY TO PROVIDE RESEARCH, ASSISTANCE AND ADVICE IN SUPPORT OF THE COUNCIL'S INTENT TO DEFEND THE CITY AGAINST ANY ADMINISTRATIVE, LEGISLATIVE OR JUDICIAL ATTEMPT TO OVERTURN OR OVERRULE THE CITY'S DECISION DENYING A STATE OF MINNESOTA REQUEST TO LEASE A PORTION OF DULUTH'S CONGDON CHARITABLE TRUST LANDS FOR THE MCQUADE PUBLIC ACCESS PROJECT. -- PASSED 7 - 1 (Edwards)

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At this time, Councilor Stover left the meeting.
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01-0342R - RESOLUTION REQUESTING THE CHARTER COMMISSION TO RECOMMEND ADOPTION OF AN ORDINANCE ADDING A NEW SECTION 53(A) TO THE CITY CHARTER WHICH WOULD AUTHORIZE THE CITY TO ACCEPT PAYMENT BY CREDIT CARD OR ELECTRONIC TRANSFER. -- AMENDED, PASSED UNANIMOUSLY

01-0369R - RESOLUTION OF INTENT TO ENTER INTO AN AGREEMENT WITH THE RBC FOR FOND DU LAC BAND OF LAKE SUPERIOR CHIPPEWA TO ALLOW ONE HOUR OF FREE PARKING TO PATRONS OF THE FOND-DU-LUTH CASINO IN EXCHANGE FOR AN EXPANSION COMMITMENT. -- PASSED UNANIMOUSLY

01-0370R - RESOLUTION OF INTENT TO CREATE OLD DOWNTOWN DEVELOPMENT FUND. -- PASSED UNANIMOUSLY

01-0371R - RESOLUTION APPROPRIATING NET PROCEEDS FROM THE EXPANSION OF SLOT MACHINE GAMING AT THE CASINO TO THE GENERAL FUND AND THE OLD DOWNTOWN DEVELOPMENT FUND. (REPLACEMENT) -- PASSED UNANIMOUSLY

01-0353R - RESOLUTION RATIFYING AND CONTINUING THE ACTING MAYOR'S LOCAL EMERGENCY DECLARATION OF APRIL 27, 2001. (REPLACEMENT) -- PASSED UNANIMOUSLY

01-0384R - RESOLUTION APPROVING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR DULUTH GRILL, 118 SOUTH 27TH AVENUE WEST. -- FAILED 3 - 4 (Eckenberg, Edwards, Ness)

01-0385R - RESOLUTION DENYING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR DULUTH GRILL, 118 SOUTH 27TH AVENUE WEST. -- PASSED 4 - 3 (Eckenberg, Edwards, Ness)

01-0340R - RESOLUTION CONFIRMING REAPPOINTMENT OF ROBERT BROOKS TO DULUTH ECONOMIC DEVELOPMENT AUTHORITY. -- TABLED

01-0341R - RESOLUTION APPOINTING __________________ TO SEAWAY PORT AUTHORITY OF DULUTH REPLACING THOMAS GROSSER. -- TABLED

01-0388R - RESOLUTION ESTABLISHING CRITERIA FOR COUNCIL APPROVAL OF APPOINTEES TO BOARDS, COMMISSIONS AND AUTHORITIES AND REQUESTING THAT THE ADMINISTRATION CONSIDER THESE CRITERIA WHEN MAKING RECOMMENDATIONS FOR SUCH APPOINTMENTS. -- PASSED UNANIMOUSLY

01-0325R - RESOLUTION REPROGRAMMING $200,000 FROM THE DULUTH 1200 FUND CDBG ACCOUNT INTO THE 2000 CDBG ACCOUNT AND TRANSFERRING $50,000 FROM SAID 2000 CDBG ACCOUNT TO THE YWCA CHILDCARE PROJECT. (REPLACEMENT) -- PASSED

01-0336R - RESOLUTION AMENDING RESOLUTION 00-0336 GRANTING A SPECIAL USE PERMIT TO DEMOLITION LANDFILL SERVICES, LLC, FOR A DEMOLITION AND CONSTRUCTION DEBRIS LAND DISPOSAL FACILITY FOR PROPERTY LOCATED AT 1100 WEST GARY STREET. -- TABLED

01-0379R - RESOLUTION GRANTING JIM GRUBA AND SHIRLEY REIERSON A VARIANCE FROM THE IMPERVIOUS SURFACE REQUIREMENTS OF SECTION 51-29 OF THE DULUTH CITY CODE FOR PROPERTY LOCATED AT 2525 MINNESOTA AVENUE. -- PASSED UNANIMOUSLY

01-0380R - RESOLUTION DENYING JIM GRUBA AND SHIRLEY REIERSON A VARIANCE FROM THE IMPERVIOUS SURFACE REQUIREMENTS OF SECTION 51-29 OF THE DULUTH CITY CODE FOR PROPERTY LOCATED AT 2525 MINNESOTA AVENUE. -- FAILED UNANIMOUSLY

01-0365R - RESOLUTION AUTHORIZING THE DULUTH TRANSIT AUTHORITY TO SELL SUMMER TEEN PASSES AT REDUCED PRICES. -- PASSED UNANIMOUSLY

01-0350R - RESOLUTION PLEDGING COOPERATION OF THE CITY OF DULUTH TO REDUCE GREENHOUSE GAS EMISSIONS. -- TABLED

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCE TABLED

01-011-O - AN ORDINANCE REPEALING ARTICLE VII OF CHAPTER 28 OF THE CITY CODE. (TABLED 4/24) -- REMAINED ON TABLE

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The following entitled ordinances were read for the first time:

01-014-O - AN ORDINANCE ELIMINATING LIMOUSINE REGULATIONS; REPEALING ARTICLE V OF CHAPTER 47, DULUTH CITY CODE, 1959, AS AMENDED. -- FIRST READING

01-015-O - AN ORDINANCE PERTAINING TO THE LICENSING OF MASSAGE THERAPISTS; INCREASING THE EDUCATIONAL REQUIREMENTS; AMENDING SECTION 5-37 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- FIRST READING

01-018-O - AN ORDINANCE REGULATING THE PLACEMENT OF PERSONAL WIRELESS COMMUNICATION SERVICE TOWERS WITHIN THE CITY; AMENDING SECTION 50-35 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- FIRST READING

01-019-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 S SUBURBAN TO R-1-B SINGLE FAMILY RESIDENTIAL PROPERTY LOCATED SOUTH OF GLENWOOD STREET BETWEEN SOUTH RIDGE ROAD AND WOODCREST DRIVE (BAUMGARTEN). -- FIRST READING

01-020-O - AN ORDINANCE AUTHORIZING SALE OF CERTAIN PROPERTY IN WEST DULUTH TO CARL J. AND BERNADINE F. LUNDBERG. -- FIRST READING

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The following entitled ordinances were read for the second time:

01-012-O - AN ORDINANCE EXTENDING THE NORTH SHORE DEVELOPMENT MORATORIUM ESTABLISHED IN ORDINANCE NO. 9439 AND AMENDED IN ORDINANCE NO. 9450 UNTIL SEPTEMBER 19, 2002. -- PASSED UNANIMOUSLY

01-013-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 27 AND 28 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B SINGLE FAMILY RESIDENTIAL TO R-3 APARTMENT RESIDENTIAL, PROPERTY LOCATED SOUTH OF MAPLE GROVE ROAD AND EAST OF EKLUND AVENUE (PRIMROSE & THARES). -- PASSED UNANIMOUSLY

01-016-O - AN ORDINANCE ESTABLISHING ARTICLE VII OF CHAPTER 28 OF THE CITY CODE ENTITLED "SMOKING IN PUBLIC PLACES." -- TABLED

01-017-O - AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 28 OF THE DULUTH CITY CODE, 1959, AS AMENDED. (REPLACEMENT 2) -- TABLED

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