ACTIONS 
DULUTH CITY COUNCIL MEETING
Monday, September 24, 2001

ROLL CALL -- ALL PRESENT

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RESOLUTIONS TABLED

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 8/27) -- REMAINED ON TABLE

01-0685R - RESOLUTION AUTHORIZING THE ACQUISITION OF LAND FOR AN ADDITION TO SPIRIT MOUNTAIN RECREATION AREA AUTHORITY, AUTHORIZING SETTLEMENT OF COMPLIANCE ISSUES WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES, AUTHORIZING EXECUTION OF A CONTRACT WITH SPIRIT MOUNTAIN RECREATION AREA AUTHORITY AND HOVLAND SPIRIT RIDGE, LLC. (TABLED 9/10) -- REMAINED ON TABLE

01-0682R - RESOLUTION AUTHORIZING 25 YEAR LEASE TO THE DNR OF PROPERTY ADJACENT TO CONGDON BOULEVARD FOR THE MCQUADE ROAD SAFE HARBOR PROJECT. (TABLED 9/10) -- REMAINED ON TABLE

01-0650R - RESOLUTION CONFIRMING APPOINTMENT OF JEANNE KONECZNY TO PLANNING COMMISSION REPLACING ALAN BILLINGTON. (TABLED 9/10) -- PASSED UNANIMOUSLY

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

01-0529R - RESOLUTION GRANTING A WORK PERMIT TO SPIRIT RIDGE LLC FOR CONSTRUCTION OF NINE HOLES OF AN 18 HOLE GOLF COURSE AND A LODGE ON THE SPIRIT MOUNTAIN RECREATION AREA. (REPLACEMENT 2) (TABLED 9/10) -- REMAINED ON TABLE

01-0676R - RESOLUTION DENYING WORK PERMIT APPLICATION OF SPIRIT RIDGE L.L.C. RELATED TO SPIRIT RIDGE PROJECT. (AS AMENDED) (TABLED 9/10) -- REMAINED ON TABLE

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

01-0636R - 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 AND UTILITIES MAINTENANCE FACILITY ON GARFIELD AVENUE IN AN AMOUNT NOT TO EXCEED $397,000. (TABLED 8/27) -- REMAINED ON TABLE

01-0645R - RESOLUTION ORDERING IN THE CONSTRUCTION OF A PERMANENT ALLEY IN SPEAR AVENUE FROM GLENWOOD STREET TO PARK STREET (CITY JOB NO. 9309RS01) AT AN ESTIMATED COST OF $32,000. (TABLED 9/10) -- PASSED 8-1 (Eckenberg)

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MOTIONS AND RESOLUTIONS

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

01-0712R - RESOLUTION EXTENDING THE DATE FOR LAKE SUPERIOR CENTER TO SUBMIT THEIR 2002 BUDGET TO NOVEMBER 1, 2001. -- PASSED

01-0684R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH SEH, INC., FOR PROVIDING CERTAIN PROFESSIONAL ENGINEERING SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE LAKEWALK EAST TRAIL EXTENSION, PHASE I, IN AN AMOUNT NOT TO EXCEED $75,000. -- PASSED

01-0689R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH LHB ENGINEERS & ARCHITECTS FOR PROVIDING CERTAIN PROFESSIONAL SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE GRASSY POINT TRAIL, PHASE I, IN AN AMOUNT NOT TO EXCEED $24,116. -- PASSED

01-0695R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO ST. MARY'S MEDICAL CENTER AND THE MINNESOTA BALLET AND A BINGO LICENSE TO LINCOLN PARK BUSINESS GROUP. -- PASSED

01-0696R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO IRVING YOUTH HOCKEY, IRVING COMMUNITY ASSOCIATION, MULTIPLE SCLEROSIS AND AMERICAN RED CROSS. -- PASSED

01-0703R - RESOLUTION AWARDING CONTRACT TO DUNCAN INDUSTRIES FOR PARKING METER MECHANISMS IN THE AMOUNT OF $11,821.50. -- PASSED

01-0707R - RESOLUTION AWARDING CONTRACT TO GRAYBAR ELECTRIC COMPANY, INC., FOR ELECTRICAL SUPPLIES IN THE AMOUNT OF $15,111.94. -- PASSED

01-0651R - RESOLUTION CONFIRMING APPOINTMENT OF MARK DYLLA TO SANITARY SEWER BOARD OF WLSSD REPLACING JOANNE LINE. -- PASSED

01-0679R - RESOLUTION CONFIRMING APPOINTMENTS OF BRYAN JENSEN, DAVID MOBERG AND RICHARD ANDERSON TO COMMISSION ON DISABILITIES REPLACING MONICA BUTCHE, CHRISTOPHER WAKEFIELD AND KENNETH CAYO, RESPECTIVELY. -- PASSED

01-0680R - RESOLUTION CONFIRMING APPOINTMENT OF WALTER KRAMER TO DULUTH TRANSIT AUTHORITY REPLACING ROGER GUNDERSON. -- PASSED

01-0693R - RESOLUTION CONFIRMING APPOINTMENT OF JOAN EASTMAN TO ANIMAL HUMANE BOARD REPLACING ROGER PITTS. -- PASSED

01-0698R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THOMAS R. ZAHN & ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $13,000 FOR COMPLETION OF A RE-USE STUDY FOR THE FORMER DULUTH NATIONAL GUARD ARMORY BUILDING. -- PASSED

01-0686R - 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

01-0697R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO LUTHERAN SOCIAL SERVICES RENAISSANCE TRANSITIONAL LIVING PROGRAM FOR PROPERTY LOCATED AT 104 WEST FIRST STREET. -- PASSED

01-0710R - 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

01-0688R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF ECONOMIC SECURITY FOR PROVISION OF MINNESOTA WELFARE-TO-WORK SERVICES FOR THE PERIOD JULY 1, 2001, THROUGH JUNE 30, 2003. -- PASSED

01-0699R - RESOLUTION AUTHORIZING THE EXECUTION OF A TRAILS ASSISTANCE PROGRAM AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR 2001-2002 SNOWMOBILE GRANT IN AID IN AN AMOUNT NOT TO EXCEED $19,000. -- PASSED

01-0700R - RESOLUTION AWARDING CONTRACT TO CARLSON BROTHERS, INC., TO INSTALL 25 SUMP PUMPS IN LAKESIDE AREA IN THE AMOUNT OF $36,075. -- PASSED

01-0701R - RESOLUTION AWARDING CONTRACT TO TIM'S LANDSCAPING AND SUMP PUMP COMPANY TO INSTALL 25 SUMP PUMPS IN LAKESIDE AREA IN THE AMOUNT OF $36,000.  -- PASSED

01-0702R - RESOLUTION AWARDING CONTRACT TO ZIEGLER, INC., FOR RENTAL OF AN EXCAVATOR IN THE AMOUNT OF $17,400. -- PASSED

01-0705R - RESOLUTION AUTHORIZING PAYMENT OF $12,500 TO OLIVE KRUGER AND HER ATTORNEY, ROBERT C. FALSANI, IN FULL SETTLEMENT OF CLAIMS ARISING FROM AN ACCIDENT ON JANUARY 19, 2000. -- PASSED

01-0706R - RESOLUTION AUTHORIZING PAYMENT OF $10,772.63 TO DUANE G. MILLSLAGLE IN FULL SETTLEMENT OF CLAIMS ARISING FROM AN ACCIDENT ON JUNE 24, 2000. -- PASSED

01-0708R - RESOLUTION AWARDING CONTRACT TO HUMES PLUMBING AND HEATING FOR I&I SEPARATION/DISCHARGE OF SEVEN HOMES AT JAY STREET IN THE AMOUNT OF $35,345. -- PASSED

01-0709R - RESOLUTION AMENDING RESOLUTION 01-0135 AWARDING CONTRACT TO HALLETT DOCK COMPANY FOR CLASS 5 GRAVEL TO INCREASE THE AMOUNT BY $27,126.15 FOR A NEW TOTAL OF $83,918.08. -- PASSED

01-0711R - RESOLUTION AWARDING CONTRACT TO MORTON SALT DIVISION C/O HALLETT DOCK COMPANY FOR ROAD SALT, IN THE AMOUNT OF $302,200. -- PASSED

01-0713R - RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT NO. 18939 WITH NORTHERN COMMUNITIES LAND TRUST DELETING THE SALE OF ONE LOT AND REDUCING THE SIZE OF THE PROJECT. -- PASSED

01-0694R - RESOLUTION ACCEPTING A GRANT OF UP TO $19,500 FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY, FOR THE 2002 SAFE & SOBER TRAFFIC SAFETY PROJECT. -- PASSED

01-0716R - RESOLUTION SCHEDULING A PUBLIC HEARING REGARDING WHETHER TO DESIGNATE PORTIONS OF CERTAIN STREETS IN THE VICINITY OF DULUTH DENFELD HIGH SCHOOL AS RESIDENT PERMIT PARKING ZONES. -- PASSED

01-0692R - RESOLUTION APPROVING A GRANT AGREEMENT AND ACCEPTING $5,000 FROM THE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

01-0681R - RESOLUTION CONFIRMING APPOINTMENT OF TIMOTHY GROVER TO TREE COMMISSION REPLACING NANCY NELSON. -- PASSED 7-2 (Stewart, Stover)

01-0690R - RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT IN AN AMOUNT NOT TO EXCEED $3,450,600 AND ENTERING INTO AN AGREEMENT WITH THE US ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) RELATING TO CONSTRUCTION OF AN AVIATION INCUBATOR AND RELATED PARKING FACILITY AT THE DULUTH INTERNATIONAL AIRPORT (THE PROJECT). -- TABLED

01-0714R - RESOLUTION APPROVING DEDA AGREEMENT WITH JAMES E. WILLIAMS PURSUANT TO DEDA RESOLUTION 01D-40. -- TABLED

01-0717R - RESOLUTION VACATING A 20 FOOT WIDE UTILITY EASEMENT ON PROPERTY LOCATED AT 4124 MINNESOTA AVENUE (EKEROTH). -- PASSED UNANIMOUSLY

01-0719R - RESOLUTION AUTHORIZING DEDA AGREEMENT WITH JADER ENTERPRISES, INC., PURSUANT TO DEDA RESOLUTION 01D-42. -- PASSED UNANIMOUSLY

01-0720R - RESOLUTION APPROVING DEDA AGREEMENT WITH AFFORDABLE COMPUTER SOLUTIONS PURSUANT TO DEDA RESOLUTION 01D. -- PASSED UNANIMOUSLY

01-0704R - RESOLUTION DESIGNATING PORTIONS OF CERTAIN STREETS IN THE VICINITY OF DULUTH DENFELD HIGH SCHOOL AS RESIDENT PERMIT PARKING ZONES; AND SPECIFYING A FEE FOR RESIDENTS' PARKING PERMITS. -- TABLED

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCE TABLED

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. (TABLED 9/10) (AMENDMENT) -- AMENDED & PASSED UNANIMOUSLY

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The following entitled ordinances were read for the first time:

01-037-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $1,345,000 GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL SEWER UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- FIRST READING

01-038-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $5,315,000 GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL GAS UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- FIRST READING

01-039-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION BONDS OF THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $2,700,000 UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTIONS OF THE CITY COUNCIL AND LEVYING TAXES FOR THE PAYMENT THEREOF. -- FIRST READING

01-036-O - AN ORDINANCE TO RENAME SERVICE ROAD E/BULLIT STREET AS COUNTRY VIEW WAY (TEET). -- FIRST READING

01-035-O - AN ORDINANCE AMENDING PARAGRAPH (D) OF SECTION 10.5 OF THE CITY CODE TO REQUIRE A FEE FOR APPEALS TO THE BUILDING APPEALS BOARD. -- FIRST READING

01-040-O - AN ORDINANCE TO CREATE A NEW CHAPTER 29C FOR THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO HUMAN RIGHTS; ESTABLISHING A DULUTH HUMAN RIGHTS COMMISSION; PROHIBITING CERTAIN DISCRIMINATION IN CONNECTION WITH CREDIT, EDUCATION, EMPLOYMENT, PUBLIC ACCOMMODATIONS, PUBLIC SERVICES, AND HOUSING AND REAL PROPERTY, BECAUSE OF RACE, COLOR, CREED, RELIGION, NATIONAL ORIGIN, AGE, SEX, SEXUAL ORIENTATION, MARITAL STATUS, STATUS WITH RESPECT TO PUBLIC ASSISTANCE, DISABILITY AND FAMILIAL STATUS. -- FIRST READING

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The following entitled ordinance was read for the second time:

01-034-O - AN ORDINANCE DEDICATING A PUBLIC UTILITY EASEMENT ACROSS THE EASTERLY TEN FEET OF LOTS 11-16, BLOCK 59, NEW DULUTH FIRST DIVISION. -- PASSED UNANIMOUSLY

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