ACTIONS
DULUTH CITY COUNCIL MEETING
May 29, 2001

ROLL CALL -- ALL PRESENT

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RESOLUTIONS FOR RECONSIDERATION

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

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 6-3 (Edwards, Ness, Stenberg)

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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) -- AMENDED & PASSED UNANIMOUSLY

01-0340R - RESOLUTION CONFIRMING REAPPOINTMENT OF ROBERT BROOKS TO DULUTH ECONOMIC DEVELOPMENT AUTHORITY. (TABLED 5/14) -- REMAINED ON TABLE

01-0341R - RESOLUTION APPOINTING _________________ TO SEAWAY PORT AUTHORITY OF DULUTH REPLACING THOMAS GROSSER. (TABLED 5/14) -- AMENDED & RETABLED

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) -- FAILED 1-8 (Stenberg)

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 5/14) -- REMAINED ON TABLE

01-0350R - RESOLUTION PLEDGING COOPERATION OF THE CITY OF DULUTH TO REDUCE GREENHOUSE GAS EMISSIONS. (TABLED 5/14) -- PASSED UNANIMOUSLY

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MOTIONS AND RESOLUTIONS

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

01-0402R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF SANITARY SEWER AND WATER MAIN CONSTRUCTION ON THIRTY-THIRD AVENUE WEST FROM MICHIGAN STREET TO SUPERIOR STREET. -- PASSED

01-0405R - RESOLUTION RELATING TO THE NOTICE OF PUBLIC MEETINGS RECEIVED BY CITY COUNCILORS.  (REPLACEMENT) -- PASSED

01-0408R - RESOLUTION AUTHORIZING A LETTER OF ADDENDUM TO THE AGREEMENT BETWEEN CITY OF DULUTH AND DULUTH POLICE LOCAL FOR THE YEARS 2001 AND 2002.  (REPLACEMENT) -- PASSED

01-0381R - RESOLUTION ISSUING A TEMPORARY ON SALE NONINTOXICATING MALT LIQUOR LICENSE TO MR D'S MEN'S AND WOMEN'S SOFTBALL TEAM, WHEELER FIELD, AND PLAYER'S SOFTBALL TEAM (EARLY BIRD TOURNAMENT), WHEELER FIELD. -- PASSED

01-0383R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF VARIOUS LICENSEES. -- PASSED

01-0399R - RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO NORTHLAND VIETNAM VETERANS ASSOCIATION, BAYFRONT PARK, AND RIDGEVIEW COUNTRY CLUB, 700 WEST REDWING STREET. -- PASSED

01-0400R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO THE AMERICAN CANCER SOCIETY. -- PASSED

01-0401R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO HILLSIDE BUSINESS ASSOCIATION. -- PASSED

01-0392R - RESOLUTION CONFIRMING REAPPOINTMENT OF MARK P. MELHUS TO LIBRARY BOARD. -- PASSED

01-0393R - RESOLUTION CONFIRMING REAPPOINTMENT OF JAN SIVERTSON AND KARL WASSON TO TECHNICAL DESIGN ADVISORY COMMITTEE. -- PASSED

01-0378R - RESOLUTION VACATING PORTIONS OF STREET AND ALLEYS FOR PROPERTY LOCATED AT 503 NORTH 50TH AVENUE WEST (MENARD, INC.); RESCINDING RESOLUTION 00-0479. -- PASSED

01-0407R - RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF ST. LOUIS COUNTY TO RECLASSIFY FROM CONSERVATION TO NONCONSERVATION AND TO OFFER FOR SALE CERTAIN TAX FORFEITED PARCELS NOW WITHHELD FROM SALE IN CONSERVATION. -- PASSED

01-0347R - RESOLUTION AWARDING CONTRACT TO ZIEGLER, INC., FOR RENTAL OF 14 MOTOR GRADERS IN THE AMOUNT OF $377,073.90. -- PASSED

01-0377R - RESOLUTION ORDERING THE CONSTRUCTION OF A BITUMINOUS OVERLAY ON COMMONWEALTH AVENUE FROM 483 FEET TO 658 FEET SOUTH OF HIBBING AVENUE (CITY JOB NO. 9310RS01) AT AN ESTIMATED COST OF $4,200, ALL OF WHICH IS ASSESSABLE. -- PASSED

01-0386R - RESOLUTION ORDERING THE PAVEMENT RESTORATION FOR STREET UTILITY EXCAVATIONS AND THE REPAIR OF SIDEWALKS AT VARIOUS LOCATIONS IN THE CITY OF DULUTH IN 2001 (CITY JOB NO. 9113RS01) AT AN ESTIMATED COST OF $410,000. -- PASSED

01-0403R - RESOLUTION AWARDING CONTRACT TO GROEBNER & ASSOCIATES, INC., FOR GAS METERS, IN THE AMOUNT OF $54,261.75. -- PASSED

01-0410R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS, LLC FOR CONSTRUCTION OF SANITARY SEWERS ON 38TH AVENUE WEST AND RALEIGH-POLK STREETS, IN THE AMOUNT OF $43,915. -- PASSED

01-0395R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE DULUTH AIRPORT AUTHORITY REGARDING PARTICIPATION BY THE AUTHORITY IN THE CITY'S SELF INSURANCE FUND DURING 2001. -- PASSED

01-0396R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY REGARDING PARTICIPATION BY THE AUTHORITY IN THE CITY'S SELF INSURANCE FUND DURING 2001. -- PASSED

01-0397R - RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) RELATING TO PARTICIPATION BY DEDA IN THE CITY OF DULUTH SELF INSURANCE FUND PROGRAM FOR 2001. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions are also for consideration at this meeting:

01-0382R - RESOLUTION APPROVING THE TRANSFER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF DONLYNN, LTD (DULUTH LIQUOR), 32 WEST FIRST STREET, TO DEAN COX, LLC (GOOD TIMES LIQUOR & TOBACCO SHOP), SAME ADDRESS. -- AMENDED & PASSED UNANIMOUSLY

01-0374R - RESOLUTION APPROVING A JOINT POWERS AND ALLOCATION AGREEMENT RELATING TO BANK QUALIFICATION OF REVENUE BONDS TO BE ISSUED BY THE CITY OF CLOQUET (HUMAN DEVELOPMENT CENTER PROJECT). -- PASSED UNANIMOUSLY

01-0394R - RESOLUTION APPROVING DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) RESOLUTION 01D-29 AUTHORIZING EXPENDITURE OF $56,000 TO BE USED AS MATCHING GRANT FUNDS FOR CONTAMINATION CLEANUP OF THE ATLAS CEMENT SITE. -- PASSED UNANIMOUSLY

01-0398R - RESOLUTION AUTHORIZING AN APPLICATION TO THE STATE OF MINNESOTA FOR A MINNESOTA INVESTMENT FUND GRANT IN THE AMOUNT OF $500,000 (CIRRUS DESIGN CORPORATION). -- PASSED UNANIMOUSLY

01-0387R - RESOLUTION OF INTENT TO CONSTRUCT A PERMANENT STREET IN HARDING AVENUE FROM CENTRAL ENTRANCE TO PALM STREET (CITY JOB NO.9313RS01). -- PASSED 8-1 (Hogg)

01-0411R - RESOLUTION ORDERING THE CONSTRUCTION OF A PERMANENT STREET IN HARDING AVENUE FROM CENTRAL ENTRANCE TO PALM STREET (CITY JOB NO. 9313RS01)AT AN ESTIMATED COST OF $44,000. -- PASSED 8-1 (Hogg)

01-0409R - RESOLUTION AWARDING CONTRACT TO ARBY CONSTRUCTION, INC., FOR CONSTRUCTION OF 16" GAS MAIN FROM TBS 1A TO RAMSEY AND ONEOTA, IN THE AMOUNT OF $3,250,848.15. -- PASSED UNANIMOUSLY

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCES TABLED

01-011-O - AN ORDINANCE REPEALING ARTICLE VII OF CHAPTER 28 OF THE CITY CODE. (TABLED 4/24) -- FAILED 2-7 (Stenberg, Stewart)

01-016-O - AN ORDINANCE ESTABLISHING ARTICLE VII OF CHAPTER 28 OF THE CITY CODE ENTITLED "SMOKING IN PUBLIC PLACES." (TABLED 5/14) -- FAILED 3-6 (Edwards, Stenberg, Stewart)

01-017-O - AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 28 OF THE DULUTH CITY CODE, 1959, AS AMENDED. (TABLED 5/14) (REPLACEMENT 3) -- AMENDED & PASSED 6-3 (Edwards, Stenberg, Stover)

The following entitled ordinances are to be read for the first time:

01-022-O - AN ORDINANCE PERTAINING TO ALCOHOLIC BEVERAGE LICENSES; IMPOSING CIVIL PENALTIES FOR CERTAIN VIOLATIONS; AMENDING SECTION 8-9 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- 1ST READING

01-021-O - AN ORDINANCE AUTHORIZING SALE OF THE OLD EAST HILLSIDE FIRE HALL BUILDING TO THE HUMAN DEVELOPMENT CENTER IN EXCHANGE FOR A LEASE ON ADJACENT PROPERTY. -- 1ST READING

The following entitled ordinances are to be read for the second time:

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

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. -- AMENDED & PASSED UNANIMOUSLY

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. -- AMENDED & PASSED UNANIMOUSLY

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). -- PASSED UNANIMOUSLY

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

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COUNCILOR QUESTIONS AND COMMENTS
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