ACTIONS 
DULUTH CITY COUNCIL MEETING
Monday, June 25, 2001

ROLL CALL -- ALL PRESENT
APPROVAL OF MINUTES - May 29, 2001. -- APPROVED

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RESOLUTION RECONSIDERED

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) -- FAILED - REQUIRES A 6/9THS VOTE TO OVERRIDE MAYOR'S VETO (RESOLUTION PASSED 5-4 (Eckenberg, Fena, Gilbert, Stover))

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RESOLUTIONS TABLED

01-0419R - RESOLUTION CONFIRMING APPOINTMENT OF GEORGE WELLER TO THE PLANNING COMMISSION REPLACING ALAN BILLINGTON. (TABLED 6/11) -- REMAINED ON TABLE

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 (TABLED 2/26) (REPLACEMENT) -- WITHDRAWN FROM AGENDA

01-0176R - RESOLUTION PERTAINING TO THE SPIRIT MOUNTAIN GOLF COURSE; REQU -- WITHDRAWN FROM AGENDA

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 (TABLED 2/26) (REPLACEMENT) -- WITHDRAWN FROM AGENDA

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MOTIONS AND RESOLUTIONS

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

01-0451R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF SNOW REMOVAL FOR 2000. -- PASSED

01-0440R - RESOLUTION ISSUING A TEMPORARY ON SALE NONINTOXICATING MALT LIQUOR LICENSE TO VARIOUS LICENSEES. -- PASSED

01-0441R - RESOLUTION ISSUING AN OFF SALE NONINTOXICATING MALT LIQUOR LICENSES TO MINER'S, INC. (WOODLAND PIGGLY WIGGLY), 4020 WOODLAND AVENUE, (SUPER ONE FOODS) 5401 BURNING TREE ROAD AND (SUPER ONE FOODS) 5300 BRISTOL STREET. -- PASSED

01-0442R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE LICENSED PREMISES OF VARIOUS ON SALE INTOXICATING LIQUOR LICENSES. -- PASSED

01-0443R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE LICENSED PREMISES OF THE ON SALE INTOXICATING LIQUOR LICENSES OF NYLEN, MAGIE & STRUM PROPERTIES (BUENA VISTA LOUNGE/RESTAURANT), 1144 MESABA AVENUE AND GRANDMA'S GARAGE, LLC (WILLY'S GARAGE), 355 LAKE AVENUE SOUTH. -- PASSED

01-0444R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE OF GRANDMA'S ROCHESTER, INC. (BOX CAR DECK), 522 LAKE AVENUE SOUTH, TO GRANDMA'S ANGIE'S MALL, LLC (ANGIE'S CANTINA & GRILLE), 1600 MILLER TRUNK HIGHWAY. -- PASSED

01-0445R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO CONGDON PARK RECREATION ASSOCIATION. -- PASSED

01-0446R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE FOR BOYS AND GIRLS CLUB OF DULUTH. -- PASSED

01-0447R - RESOLUTION AUTHORIZING PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES ON JULY 13, 2001, IN CONJUNCTION WITH DOWNTOWN SIDEWALK DAYS. -- PASSED

01-0448R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN WEST DULUTH ON AUGUST 3, 2001, IN CONJUNCTION WITH SPIRIT VALLEY DAYS AND SUBJECT TO CERTAIN CONDITIONS. -- PASSED

01-0463R - RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO NORTHLAND COUNTRY CLUB, 3901 EAST SUPERIOR STREET. -- PASSED

01-0467R - RESOLUTION AWARDING CONTRACT TO MINNESOTA POWER, INC. FOR SINGLE PRIMARY ELECTRICAL SERVICE, IN THE AMOUNT OF $40,000. -- PASSED

01-0484R - RESOLUTION AUTHORIZING A NINE MONTH EXTENSION CONTRACT TO CARTIER AGENCY, INC., FOR PROPERTY INSURANCE FOR CITY OWNED STRUCTURES, IN THE AMOUNT OF $53,950. -- PASSED

01-0438R - RESOLUTION CONFIRMING REAPPOINTMENT OF JOHN CUMMINGS TO PARKING COMMISSION. -- PASSED

01-0460R - RESOLUTION VACATING ORANGE STREET ALLEY BETWEEN TEAK AND EBONY AVENUES IN DULUTH HEIGHTS. -- PASSED

01-0462R - RESOLUTION AMENDING A SPECIAL USE PERMIT TO SNOWFLAKE CROSS COUNTRY SKI CENTER FOR PROPERTY LOCATED AT 4348 RICE LAKE ROAD. -- PASSED

01-0468R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO LINDA PAULSEN FOR A BED AND BREAKFAST INN FOR PROPERTY LOCATED AT 2104 EAST SUPERIOR STREET. -- PASSED

01-0433R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT $290,402 IN WORKFORCE INVESTMENT ACT (W.I.A.) YOUTH FUNDS FROM THE MINNESOTA DEPARTMENT OF ECONOMIC SECURITY IN ACCORDANCE WITH CITY CONTRACT NO. 18880. -- PASSED

01-0434R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT 709 TO PROVIDE INSTRUCTIONAL SERVICES AND WORK SITE COORDINATION FOR THE SUMMER WORK EXPERIENCE PROGRAM FOR AT RISK YOUTH AT A COST NOT TO EXCEED $31,000. -- PASSED

01-0435R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO AMEND CONTRACT NO. 18785 WITH INDEPENDENT SCHOOL DISTRICT 709 TO PROVIDE BASIC EDUCATION SERVICES AT THE EMPLOYMENT OPPORTUNITY CENTER BY INCREASING THE CONTRACT AMOUNT BY $1,055.50; CONTRACT TOTAL SHALL NOT EXCEED $26,581. -- PASSED

01-0436R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR PROVISION OF WORKFORCE DEVELOPMENT TITLE I SERVICES AND STATE DISLOCATED WORKER SERVICES FOR PROGRAM YEARS 2002 AND 2003. -- PASSED

01-0455R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH THE NORTHEAST MINNESOTA OF JOB TRAINING (NEMOJT) FOR PROVISION OF DISLOCATED WORKER SERVICES IN THE AMOUNT OF $68,190. -- PASSED

01-0456R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT 709 TO PROVIDE CUSTOMIZED REMEDIAL EDUCATION SERVICES TO PARTICIPANT'S IN THE CITY'S NONTRADITIONAL EMPLOYMENT PROJECT AT A COST NOT TO EXCEED $1,348. -- PASSED

01-0415R - RESOLUTION AUTHORIZING AN AGREEMENT WITH RREM FOR PROFESSIONAL SERVICES NECESSARY FOR THE CLOSURE OF FORMER DULUTH DUMP SITE NO. 1 FOR A CONSIDERATION OF $50,240. -- PASSED

01-0450R - RESOLUTION AWARDING CONTRACT TO LEVINE AND SON, INC., FOR STREET IMPROVEMENT ON WOODLAWN STREET, IN THE AMOUNT OF $434,526.50. -- PASSED

01-0454R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE WESTERN LAKE SUPERIOR SANITARY DISTRICT SETTING FORTH TERMS AND CONDITIONS FOR OVERFLOW REDUCTION FOR THE WOODLAWN STREET DEVELOPMENT PROJECT. -- PASSED

01-0459R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES, MINNESOTA CONSERVATION CORPS FOR MAPPING AND FIELD IDENTIFICATION OF TROUT STREAMS IN THE CITY OF DULUTH FOR A CONSIDERATION OF $8,800. -- PASSED

01-0469R - RESOLUTION AWARDING CONTRACT TO GLACIER PAVING, INC., FOR BITUMINOUS OVERLAY AND INTERSECTION IMPROVEMENT ON WOODLAND AVENUE IN THE AMOUNT OF $268,845.52. -- PASSED

01-0470R - RESOLUTION AWARDING CONTRACT TO NORTHLAND MATERIALS, LLC, DBA NORTHLAND BITUMINOUS, FOR MILL AND BITUMINOUS OVERLAY FOR NINTH STREET AND EIGHTH STREET, IN THE AMOUNT OF $298,121. -- PASSED

01-0471R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH SALO ENGINEERING, INC., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR AIRPORT LOOP ROAD, ESTIMATED AT $160,346.79. -- PASSED

01-0472R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH R.L.K.-KUUSISTO LTD, FOR PROFESSIONAL ENGINEERING SERVICES FOR YEAR 2002 STREET IMPROVEMENT PROGRAM FOR CONGDON PARK WEST-LOWER 2, IN AN ESTIMATED AMOUNT OF $269,788. -- PASSED

01-0473R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH R.R.E.M./M.S.A. DIVISION TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE YEAR 2002 STREET IMPROVEMENT PROGRAM FOR LAKESIDE CENTRAL, ESTIMATED AT $150,160. -- PASSED

01-0474R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH SALO ENGINEERING, INC., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE YEAR 2002 STREET IMPROVEMENT PROGRAM FOR RAMSEY NORTH, ESTIMATED AT $54,000. -- PASSED

01-0475R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH SHORT ELLIOT HENDRICKSON, INC., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR YEAR 2002 STREET IMPROVEMENT PROGRAM ON WOODLAND WEST, ESTIMATED AT $153,688. -- PASSED

01-0476R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH L.H.B. ENGINEERS AND ARCHITECTS TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR FIRST STREET, ESTIMATED AT $169,972. -- PASSED

01-0477R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH KRECH, OJARD AND ASSOCIATES, P.A., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR RECONSTRUCTION/OVERLAY OF FIRST STREET, ESTIMATED AT $115,799. -- PASSED

01-0478R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH L.H.B. ENGINEERS AND ARCHITECTS, TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR BRIDGE NUMBER 69639 OVER KEENE CREEK, ESTIMATED AT $34,853. -- PASSED

01-0479R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH L.H.B. ENGINEERS AND ARCHITECTS, TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR REPLACEMENT OF BOX CULVERT AT CHESTER CREEK, ESTIMATED AT $16,917. -- PASSED

01-0480R - RESOLUTION AWARDING CONTRACT TO TRAFFIC CONTROL CORPORATION, FOR TRAFFIC SIGNAL CABINETS AND CONTROLLERS, IN THE AMOUNT OF $41,295.38. -- PASSED

01-0485R - RESOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF BRIDGE NO. L8502 AT AMITY CREEK AND SEVEN BRIDGES ROAD. -- PASSED

01-0486R - RESOLUTION HOLDING HARMLESS THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR GRANTING A VARIANCE FOR THE RECONSTRUCTION OF BRIDGE NO. L8502 AT AMITY CREEK AND SEVEN BRIDGES ROAD. -- PASSED

01-0465R - RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. JAMES HOUSE D/B/A WOODLAND HILLS TO PROVIDE DIVERSION AND CHEMICAL HEALTH PROGRAMS FOR JUVENILE OFFENDERS FOR A COST NOT TO EXCEED $20,400. -- PASSED

01-0483R - RESOLUTION AUTHORIZING AN AGREEMENT WITH LUTHERAN SOCIAL SERVICES TO PROVIDE PROCESSING AND ASSESSMENT OF JUVENILE OFFENDERS FOR A COST NOT TO EXCEED $25,000. -- PASSED

01-0449R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH COMMUNITY SAILING ASSOCIATION FOR THE OPERATION OF COMMUNITY SAILING PROGRAMS AT THE PARK POINT RECREATION AREA. -- PASSED

01-0452R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICERS TO EXECUTE AN AGREEMENT WITH BAYFRONT BLUES FESTIVAL, INC., FOR CONDUCTING THE BAYFRONT BLUES FESTIVAL AT BAYFRONT PARK. -- PASSED

01-0453R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICERS TO EXECUTE AN AMENDMENT TO AGREEMENT NO. 18628 WITH THE ARROWHEAD YOUTH SOCCER ASSOCIATION COVERING SOCCER FIELD MAINTENANCE ACTIVITIES. -- PASSED

01-0464R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES, MINNESOTA CONSERVATION CORPS, FOR MAPPING AND MAINTENANCE WORK ON CITY OF DULUTH TRAILS FOR A CONSIDERATION OF $15,000. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

01-0437R - RESOLUTION CONFIRMING APPOINTMENT OF JOHN BRAY TO DULUTH STATE CONVENTION CENTER ADMINISTRATIVE BOARD REPLACING RICHARD PEARSON. -- TABLED

01-0278R - RESOLUTION GRANTING A WORK PERMIT TO SPIRIT MOUNTAIN RECREATION AREA AUTHORITY FOR PLACEMENT OF 9000 CUBIC YARDS OF FILL ON THE SKI SLOPE SIDE OF THE CHALET. -- PASSED UNANIMOUSLY

01-0457R - RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF ST. LOUIS COUNTY TO WITHHOLD FROM SALE CERTAIN TAX FORFEITED PARCELS (ANNUAL LIST - LANDS TAX FORFEITED IN 2000). -- TABLED

01-0461R - RESOLUTION VACATING A PORTION OF 38TH AVENUE EAST AT EAST THIRD STREET (BACKSTROM). -- TABLED

01-0494R - RESOLUTION REQUIRING COMPLIANCE WITH LAWCON REQUIREMENTS PRIOR TO APPROVAL OF WORK PERMIT FOR SPIRIT RIDGE HOTEL AND GOLF COURSE PROJECT. -- PASSED 7-2 (Edwards, Stenberg)

01-0495R - RESOLUTION SETTING FORTH PROCEDURE FOR CONSIDERATION OF WORK PERMIT APPLICATION OF SPIRIT RIDGE L.L.C. -- AMENDED AND PASSED 7-2 (Edwards, Stenberg)

01-0458R - RESOLUTION DENYING A CONCURRENT USE PERMIT TO DUANE L. MCCAULEY FOR PROPERTY LOCATED AT 7417 EAST SUPERIOR STREET. -- PASSED UNANIMOUSLY

01-0487R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO ALLOW OVERSIZED OFF PREMISE SIGNAGE IN A SCENIC AREA FOR THE INSTALLATION OF AN ADDITIONAL 180 SQUARE FEET OF SIGNAGE TO THE EXISTING 60 SQUARE FEET (240 SQUARE FEET TOTAL) OF OFF PREMISE SIGNAGE ON A RETAINING WALL AT THE SOUTHWEST END OF THE PARKING LOT ON PROPERTY LOCATED AT 2120 LONDON ROAD (NICK PATRONAS). -- FAILED 8-1 (Hogg)

01-0488R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO ALLOW OVERSIZED OFF PREMISE SIGNAGE IN A SCENIC AREA FOR THE INSTALLATION OF AN ADDITIONAL 180 SQUARE FEET OF SIGNAGE TO THE EXISTING 60 SQUARE FEET (240 SQUARE FEET TOTAL) OF OFF PREMISE SIGNAGE ON A RETAINING WALL AT THE SOUTHWEST END OF THE PARKING LOT ON PROPERTY LOCATED AT 2120 LONDON ROAD (NICK PATRONAS). -- PASSED 8-1 (Hogg)

01-0439R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO A REVISED LEASE AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF ADMINISTRATION, REAL ESTATE MANAGEMENT DIVISION FOR 1,872 USABLE SQUARE FEET OF OFFICE SPACE AT THE MINNESOTA WORKFORCE CENTER - DULUTH FOR THE PERIOD JULY 1, 1999, THROUGH JUNE 30, 2003. -- TABLED

01-0432R - RESOLUTION OF INTENT TO CONSTRUCT A PERMANENT ALLEY IN 61ST AVENUE WEST ALLEY BETWEEN BRISTOL STREET AND GREENE STREET. -- PASSED 8-1 (Hogg)

01-0481R - RESOLUTION ADOPTING AMENDED GUIDELINES FOR THE INFLOW AND INFILTRATION GRANT PROGRAM. -- PASSED UNANIMOUSLY

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

The following entitled ordinances were read for the first time:

01-025-O - AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO DUANE MCCAULEY FOR A DETACHED GARAGE IN THE WATERLINE EASEMENT LOCATED AT 7417 EAST SUPERIOR STREET. -- RETURNED TO ADMINISTRATION

01-024-O - AN ORDINANCE PERTAINING TO PARKING METER VIOLATIONS; CHANGING THE PENALTIES FOR AGGRAVATED VIOLATIONS; AMENDING SECTIONS 33-46 AND 33-111 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- 1ST READING

The following entitled ordinance was read for the second time:

01-023-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED , ZONING DISTRICT MAP NO.14 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-2 HIGHWAY COMMERCIAL, PROPERTY LOCATED ON THE LOWER SIDE OF GRAND AVENUE BETWEEN 66TH AND 67TH AVENUES WEST (KLEIMAN). -- TABLED

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