ACTIONS 
DULUTH CITY COUNCIL MEETING
August 27, 2001

ROLL CALL -- ALL PRESENT
APPROVAL OF MINUTES - June 25, 2001. -- APPROVED

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RESOLUTION FOR RECONSIDERATION

01-0561R - RESOLUTION IN SUPPORT OF GAY, LESBIAN, BISEXUAL, TRANSGENDER PRIDE FESTIVAL DAYS, AUGUST 31 THROUGH SEPTEMBER 3, 2001. -- PASSED 7-2 (Edwards, Stenberg)

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RESOLUTIONS TABLED

01-0552R - RESOLUTION APPROPRIATING TOURISM TAX FUND BALANCE. (TABLED 8/13) -- PASSED 8-1 (Hogg)

01-0516R - RESOLUTION CONFIRMING APPOINTMENT OF THOMAS WHEELER TO DULUTH ECONOMIC DEVELOPMENT AUTHORITY REPLACING ROBERT BROOKS. (TABLED 7/9) -- REMAINED ON TABLE

01-0560R - RESOLUTION CONFIRMING REAPPOINTMENTS OF BARBARA KOTH AND GREGG LILLEJORD TO TREE COMMISSION. (TABLED 8/13) -- RESOLUTION SPLIT - (a) (KOTH) PASSED UNANIMOUSLY; (b) (LILLEJORD) FAILED 4-5 (Eckenberg, Edwards, Ness, Stenberg)

01-0461R - RESOLUTION VACATING A PORTION OF 38TH AVENUE EAST AT EAST THIRD STREET (BACKSTROM). (RETABLED 7/9) -- REMAINED ON TABLE

01-0515R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO MINNESOTA POWER TO UPGRADE AND RELOCATE A PORTION OF AN EXISTING POWER TRANSMISSION LINE LOCATED ALONG THE NORTH AND EAST SIDES OF THE GARY-NEW DULUTH NEIGHBORHOOD. (TABLED 7/23) -- REMAINED ON TABLE

01-0565R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO REDUCE THE MINIMUM FRONT YARD SETBACK FOR DWELLINGS FROM 25 FEET TO EIGHT FEET AND TO ALLOW TWO MAIN BUILDINGS TO BE TEMPORARILY LOCATED ON THE SAME LOT DURING THE CONSTRUCTION OF A NEW 30 FEET X 40 FEET SINGLE FAMILY DWELLING WITH A 24 FEET X 24 FEET ATTACHED GARAGE ON PROPERTY LOCATED AT 1110 EAST SKYLINE PARKWAY, AS PER PLANS SUBMITTED BY THE APPLICANT, AND SUBJECT TO SPECIFIED CONDITIONS. (TABLED 8/13) -- REMAINED ON TABLE

01-0566R - RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO REDUCE THE MINIMUM FRONT YARD SETBACK FOR DWELLINGS FROM 25 FEET TO EIGHT FEET AND TO ALLOW TWO MAIN BUILDINGS TO BE TEMPORARILY LOCATED ON THE SAME LOT DURING THE CONSTRUCTION OF A NEW 30 FEET X 40 FEET SINGLE FAMILY DWELLING WITH A 24 FEET X 24 FEET ATTACHED GARAGE ON PROPERTY LOCATED AT 1110 EAST SKYLINE PARKWAY, AS PER PLANS SUBMITTED BY THE APPLICANT, AND SUBJECT TO SPECIFIED CONDITIONS. (TABLED 8/13) -- REMAINED ON TABLE

01-0567R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 25 FEET TO ONE FOOT FOR THE CONSTRUCTION OF A 64 FEET X 24 FEET SINGLE FAMILY DWELLING WITH A TEN FEET X FOUR FEET VESTIBULE AND A 24 FEET X 24 FEET ATTACHED GARAGE, ON PROPERTY LOCATED AT 1402 EAST SKYLINE PARKWAY, AS PER PLANS SUBMITTED BY THE APPLICANT, AND SUBJECT TO THE STIPULATION THAT THE EXISTING AND FUTURE FILL MATERIALS AS WELL AS THE BUILDING PLANS COMPLY WITH ALL REQUIREMENTS OF THE BUILDING SAFETY DIVISION AND THE SURVEY CORNER PINS BE RE-ESTABLISHED. (TABLED 8/13) -- PASSED 7-2 (Gilbert, Stover)

01-0568R - RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 25 FEET TO ONE FOOT FOR THE CONSTRUCTION OF A 64 FEET X 24 FEET SINGLE FAMILY DWELLING WITH A 10 FEET X 4 FEET VESTIBULE AND A 24 FEET X 24 FEET ATTACHED GARAGE, ON PROPERTY LOCATED AT 1402 EAST SKYLINE PARKWAY, AS PER PLANS SUBMITTED BY THE APPLICANT, AND SUBJECT TO THE STIPULATION THAT THE EXISTING AND FUTURE FILL MATERIALS AS WELL AS THE BUILDING PLANS COMPLY WITH ALL REQUIREMENTS OF THE BUILDING SAFETY DIVISION AND THE SURVEY CORNER PINS BE RE-ESTABLISHED. (TABLED 8/13) -- FAILED 2-7 (Gilbert, Stover)

01-0573R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO CONSTRUCT FIVE DWELLINGS ON PARCELS OF PROPERTY REDUCING THE REQUIRED LOT AREA FOR TWO DWELLINGS FROM 5,000 SQUARE FEET TO 3,000 SQUARE FEET; TWO DWELLINGS TO 3,500 SQUARE FEET AND ONE DWELLING TO 3,600 SQUARE FEET; TO REDUCE THE REQUIRED FRONTAGE ON A MAINTAINABLE STREET FOR EACH LOT FROM 50 FEET TO 30 FEET, 35 FEET AND 36 FEET RESPECTIVELY; AND TO RELAX THE FRONT YARD SETBACK FROM 25 FEET TO TEN FEET, THE CORNER SIDE YARD SETBACK FROM 15 FEET TO NINE FEET AND THE AGGREGATE SIDE YARD SETBACK FROM 12 FEET TO TEN FEET ON PROPERTY LOCATED AT 5109-5119 RAMSEY STREET. (TABLED 8/13) -- REMAINED ON TABLE

01-0574R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO CONSTRUCT FIVE DWELLINGS ON PARCELS OF PROPERTY REDUCING THE REQUIRED LOT AREA FOR TWO DWELLINGS FROM 5,000 SQUARE FEET TO 3,000 SQUARE FEET; TWO DWELLINGS TO 3,500 SQUARE FEET AND ONE DWELLING TO 3,600 SQUARE FEET; TO REDUCE THE REQUIRED FRONTAGE ON A MAINTAINABLE STREET FOR EACH LOT FROM 50 FEET TO 30 FEET, 35 FEET AND 36 FEET RESPECTIVELY; AND TO RELAX THE FRONT YARD SETBACK FROM 25 FEET TO TEN FEET, THE CORNER SIDE YARD SETBACK FROM 15 FEET TO NINE FEET AND THE AGGREGATE SIDE YARD SETBACK FROM 12 FEET TO TEN FEET ON PROPERTY LOCATED AT 5109-5119 RAMSEY STREET. (TABLED 8/13) -- REMAINED ON TABLE

01-0533R - RESOLUTION AMENDING RESOLUTION 01-0219 TO INCLUDE SIXTH STREET BETWEEN 24TH AVENUE EAST AND WALLACE AVENUE AND IRVING PLACE INTO THE YEAR 2002 STREET IMPROVEMENT PROGRAM. (TABLED 8/13) -- WITHDRAWN

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MOTIONS AND RESOLUTIONS

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

01-0604R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM GR OF MINNESOTA, INC. (THE GROUND ROUND), 2101 MAPLE GROVE ROAD TO GROUND ROUND, INC. (GROUND ROUND), SAME ADDRESS. -- PASSED

01-0605R - RESOLUTION ISSUING A TEMPORARY ON SALE NONINTOXICATING MALT LIQUOR LICENSE TO LAKESIDE LESTER PARK BUSINESS ASSOCIATION (LESTER RIVER FESTIVAL), LESTER PARK. -- PASSED

01-0606R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF GRANDMA'S, INC. (GRANDMA'S SALOON & DELI), 522 LAKE AVENUE SOUTH. -- PASSED

01-0607R - RESOLUTION AMENDING RESOLUTION 01-0525 ISSUING AN ON SALE NONINTOXICATING MALT LIQUOR LICENSE AND ON SALE WINE LICENSE TO DARREL FREDRICKSON (HORSESHOE BILLIARDS), 2415 WEST SUPERIOR STREET. -- PASSED

01-0608R - RESOLUTION ISSUING ON SALE INTOXICATING LIQUOR RENEWAL LICENSES, ON SALE SUNDAY INTOXICATING LIQUOR LICENSES, ADDITIONAL BAR LICENSES AND ON SALE DANCING LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2001, AND ENDING AUGUST 31, 2002. -- PASSED

01-0609R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE WINE RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2001, AND ENDING AUGUST 31, 2002. -- PASSED

01-0610R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE INTOXICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2001, AND ENDING AUGUST 31, 2002. -- PASSED

01-0611R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE CLUB LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2001, AND ENDING AUGUST 31, 2002. -- PASSED

01-0612R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO MARCH OF DIMES. -- PASSED

01-0613R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO LESTER PARK HOCKEY ASSOCIATION AND CONGDON PARK RECREATIONAL ASSOCIATION. -- PASSED

01-0601R - RESOLUTION AMENDING RESOLUTION NO. 86-0142 TO ADD A FIFTH MEMBER TO THE SPECIAL BOARD OF REVIEW. -- PASSED

01-0640R - RESOLUTION AUTHORIZING A COOPERATIVE STUDY AGREEMENT WITH THE MINNESOTA HISTORICAL SOCIETY; ACCEPTING A $6,500 GRANT FROM THE MINNESOTA HISTORICAL SOCIETY, $3,500 GRANT FROM THE DULUTH PRESERVATION ALLIANCE, AND A $3,000 GRANT FROM THE NATIONAL TRUST FOR HISTORIC PRESERVATION; ALL NECESSARY TO COMPLETE A REUSE STUDY FOR THE DULUTH ARMORY. -- PASSED

01-0618R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH KRECH, OJARD & ASSOCIATES, P.A., FOR PROVIDING CERTAIN ARCHITECTURAL SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE RESTORATION OF LINCOLN PARK PAVILION, IN AN AMOUNT NOT TO EXCEED $13,500. -- PASSED

01-0633R - RESOLUTION AUTHORIZING AN AGREEMENT WITH DULUTH LOCAL INITIATIVES SUPPORT CORPORATION IN AN AMOUNT NOT TO EXCEED $20,000. -- PASSED

01-0626R - RESOLUTION VACATING ALLEY ADJACENT TO THE SOUTHERLY 50 FEET OF LOTS 1, 2, 3, 4, 4-1/2 AND ALL OF LOT 5, BLOCK 188, WEST DULUTH SEVENTH DIVISION LOCATED WEST OF 51ST AVENUE WEST, 100 FEET SOUTH OF WADENA STREET (HRA-SVCNDA). -- PASSED

01-0634R - RESOLUTION VACATING ALLEY EASEMENT RUNNING EAST-WEST, 100 FEET NORTHERLY OF GLENCREST COURT ON THE EAST SIDE OF COMMONWEALTH AVENUE IN GARY NEW DULUTH (PASZAK). -- PASSED

01-0619R - RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, CENTER OF CRIME VICTIMS SERVICES, RELATING TO AN EMERGENCY FUND FOR CRIME VICTIMS IN AN AMOUNT OF $3,000. -- PASSED

01-0624R - RESOLUTION ACCEPTING A PRIVATE SECTOR INITIATIVES GRANT FROM THE NATIONAL SENIOR CITIZENS EDUCATION & RESEARCH CENTER (N.S.C.E.R.C.) IN THE AMOUNT OF $4,303 FOR A SENIOR EMPLOYMENT PROGRAM FOR THE PERIOD JULY 5, 2001, THROUGH JUNE 30, 2002. -- PASSED

01-0614R - RESOLUTION AWARDING CONTRACT TO INFRATECH, INC., FOR SEWER/TV INSPECTION SYSTEM IN THE AMOUNT OF $104,254.98. -- PASSED

01-0616R - RESOLUTION AWARDING CONTRACT TO LAKEHEAD ELECTRIC, INC., FOR FOURTH STREET LIGHTING PROJECT - PHASE III IN THE AMOUNT OF $128,413. -- PASSED

01-0620R - RESOLUTION AUTHORIZING PAYMENT OF $18,961.51 IN SETTLEMENT OF ALL CLAIMS OF TIM AND AMANDA ANDREWS ARISING OUT OF A SEWER BACKUP ON APRIL 7, 2001. -- PASSED

01-0621R - RESOLUTION ACCEPTING THE DEDICATION OF A UTILITY EASEMENT FROM ME INTERNATIONAL, INC., FOR A CONSIDERATION OF $10. -- PASSED

01-0625R - RESOLUTION AMENDING RESOLUTION 99-0435, AS AMENDED BY RESOLUTION 00-0133 AWARDING CONTRACT TO AYRES ASSOCIATES, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN OF A SANITARY SEWER NETWORK, TO INCREASE THE AMOUNT BY $35,850 FOR A NEW ESTIMATED TOTAL OF $181,679. -- PASSED

01-0629R - RESOLUTION AUTHORIZING THE PURCHASE OF A UTILITY EASEMENT FROM THE ASBURY UNITED METHODIST CHURCH FOR A CONSIDERATION OF $7,000. -- PASSED

01-0630R - RESOLUTION PURCHASING A LICENSE TO CONSTRUCT A NATURAL GAS PIPELINE ON BURLINGTON RAILWAY COMPANY RIGHT-OF-WAY FOR A CONSIDERATION OF $28,000. -- PASSED

01-0638R - RESOLUTION AUTHORIZING THE EXECUTION OF A STREET DISCLAIMER AGREEMENT WITH MICHAEL J. HORVAT AND KIRSTEN L. HORVAT FOR A PERMANENT IMPROVEMENT OF LOCHAIRE AVENUE. -- PASSED

01-0631R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE DULUTH STATE CONVENTION CENTER ADMINISTRATIVE BOARD (DECC) FOR THE USE OF BAYFRONT PARK. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered at this meeting:

01-0639R - RESOLUTION DECLARING INTENT TO PROCEED WITH PUBLIC UTILITIES FACILITIES PROJECT, AND TO ISSUE GENERAL OBLIGATION UTILITIES REVENUE BONDS IN AN APPROXIMATE AMOUNT OF $7,250,000 TO FINANCE THE COSTS THEREOF. -- TABLED

01-0641R - RESOLUTION REVOKING THE ON SALE WINE AND 3.2 BEER LICENSES OF SIGEES LLP FOR NONPAYMENT OF MINNESOTA SALES TAX AS REQUIRED BY MINNESOTA STATUTES SECTION 270.72. -- PASSED UNANIMOUSLY

01-0598R - RESOLUTION ACCEPTING AND APPROVING THE LOW INCOME HOUSING CONSORTIUM'S AFFORDABLE HOUSING RECOMMENDATIONS AND DIRECTING THE HOUSING COMMISSION TO IMPLEMENT THE SAME. -- PASSED UNANIMOUSLY

01-0600R - RESOLUTION TRANSFERRING WITH THE 2000 AND 2001 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. -- PASSED UNANIMOUSLY

01-0632R - RESOLUTION AUTHORIZING A MEMORANDUM OF AGREEMENT WITH THE CITY OF SUPERIOR TO DEVELOP A RENEWAL COMMUNITY APPLICATION. -- PASSED UNANIMOUSLY

01-0622R - 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 UNANIMOUSLY

01-0644R - RESOLUTION AUTHORIZING THE ENGAGEMENT OF AN ATTORNEY TO ADVISE THE COUNCIL ON MCQUADE BOAT LAUNCH FOR A COST NOT TO EXCEED $4,000. -- PASSED 6-3 (Edwards, Ness, Stenberg)

01-0615R - RESOLUTION AWARDING CONTRACT TO JOHNSON BROTHERS CORPORATION FOR REHABILITATION OF BRIDGE NUMBER L6114 ON NINTH STREET IN THE AMOUNT OF $1,193,133.94. -- PASSED UNANIMOUSLY

01-0627R - RESOLUTION AUTHORIZING A CONTRACT TO TGC SERVICES, INC., FOR WASHINGTON CENTER SKYLIGHT REMOVAL AND ROOF REPAIRS AND 40TH AVENUE WEST TOOLHOUSE ROOF REPAIRS, IN THE AMOUNT OF $28,725. -- RETURNED TO ADMINISTRATION

01-0628R - RESOLUTION AUTHORIZING A CONTRACT TO A. W. KUETTEL & ASSOCIATES, FOR ROOF REPAIRS AT CENTRAL HILLSIDE COMMUNITY CENTER AND LUND TOOLHOUSE, IN THE AMOUNT OF $27,740. -- RETURNED TO ADMINISTRATION

01-0635R - RESOLUTION AWARDING CONTRACT TO AYRES ASSOCIATES, INC., FOR PROFESSIONAL ENGINEERING SERVICES TO STABILIZE THE FAILED SLOPE ON LINCOLN PARK DRIVE AT AN ESTIMATED COST OF $19,957. -- PASSED UNANIMOUSLY

01-0636R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH DAMBERG, SCOTT, GERZINA, WAGNER, FOR PROVIDING CERTAIN ARCHITECTURAL SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE CONSTRUCTION OF A NEW PUBLIC WORKS & UTILITIES MAINTENANCE FACILITY ON GARFIELD AVENUE, IN AN AMOUNT NOT TO EXCEED $397,000. -- TABLED

01-0623R - RESOLUTION ACCEPTING A $14,284.16 GIFT FROM A DONOR WHO WISHES TO REMAIN ANONYMOUS TO BE USED FOR THE FIRE DEPARTMENT'S PURCHASE OF A THERMAL IMAGING CAMERA TO BE USED AT NO. 6 FIRE STATION. -- PASSED UNANIMOUSLY

01-0617R - RESOLUTION ESTABLISHING RATES FOR VARIOUS USES OF BAYFRONT FESTIVAL PARK. -- PASSED UNANIMOUSLY

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

The following entitled ordinances were read for the first time:

01-029-O - AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO KBJR-TV FOR THE PLACEMENT AND MAINTENANCE OF A CONCRETE SNUBBER BASE AND GUY WIRE SNUBBER IN THE RIGHT OF WAY OF FIFTH AVENUE WEST LOCATED SOUTH OF WEST NINTH STREET. -- 1ST READING

01-030-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, TO CREATE A NEW ARTICLE XXIX TO PROVIDE FOR TRADITIONAL NEIGHBORHOOD DISTRICT. -- 1ST READING

01-031-O - AN ORDINANCE AUTHORIZING SALE OF CERTAIN PROPERTY IN NEW DULUTH TO RONALD AND MARCIA HANSON. -- 1ST READING

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