ACTIONS
DULUTH CITY COUNCIL MEETING
Tuesday, October 9, 2001

ROLL CALL -- ALL PRESENT
APPROVAL OF MINUTES - July 9, July 23 and July 30, 2001. -- APPROVED UNANIMOUSLY

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RESOLUTIONS TABLED



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. (REPLACEMENT) (TABLED 7/23) -- PASSED 7-1-1 (Stewart voted against resolution; Stenberg abstained)

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

01-0529R - 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) -- FAILED UNANIMOUSLY

01-0574R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO CONSTRUCT FIVE DWELLINGS ON PARCELS OF PROPERTY REDUCING THE REQUIRED LOT AREAS AND SETBACKS ON PROPERTY LOCATED AT 5109-5119 RAMSEY ST.  (REPLACEMENT) (TABLED 8/13) -- PASSED UNANIMOUSLY

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 9/24) -- PASSED UNANIMOUSLY

01-0714R - RESOLUTION APPROVING DEDA AGREEMENT WITH JAMES E. WILLIAMS PURSUANT TO DEDA RESOLUTION 01D-40. (TABLED 9/24) (REPLACEMENT) -- PASSED 8-1 (Hogg)

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

01-0704R - 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 9/24) -- PASSED 6-3 (Hogg, Ness, Stenberg)

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MOTIONS AND RESOLUTIONS

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

01-0722R - RESOLUTION CONFIRMING THE ASSESSMENT ROLL OF DELINQUENT STORMWATER UTILITY FEES DURING THE PERIOD OF JANUARY 1, 2000, TO DECEMBER 31, 2000, AS PROVIDED FOR IN ARTICLE XI OF CHAPTER 43 OF THE DULUTH CITY CODE. -- PASSED

01-0732R - RESOLUTION AMENDING RESOLUTION 01-0044, AWARDING CONTRACT TO INTER-CITY OIL COMPANY FOR FUEL, TO INCREASE THE AMOUNT BY $188,000 FOR A NEW TOTAL OF $551,150. -- PASSED

01-0733R - RESOLUTION AWARDING CONTRACT TO ERLING R. HANSEN CONTRACTOR FOR TIGER EXHIBIT DECK REPAIR IN THE AMOUNT OF $28,600. -- PASSED

01-0728R - RESOLUTION CONFIRMING REAPPOINTMENTS OF GERALD ABELSEN AND MARY JANE SMYTHE TO ANIMAL HUMANE BOARD. -- PASSED

01-0729R - RESOLUTION CONFIRMING REAPPOINTMENTS OF MARSHA EDGERTON AND DONALD MANTAY TO WATER AND GAS SERVICE HEARING BOARD. -- PASSED

01-0739R - RESOLUTION ELECTING MEMBERS TO THE BOARD OF MANAGERS OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO MINNESOTA STATUTES SECTION 115.23, SUBDIVISION 7. -- PASSED

01-0727R - RESOLUTION AUTHORIZING AN APPLICATION TO THE MINNESOTA DEPARTMENT OF NATIONAL RESOURCES FOR FUNDING FOR THE LINCOLN PARK MILLER CREEK RESTORATION PROJECT, AND IF AWARDED, AUTHORIZING EXECUTION OF THE GRANT AGREEMENT AND A LOCAL MATCH. -- PASSED

01-0731R - RESOLUTION APPROVING THE SELECTION OF THE COMMUNITIES GROUP TO RECEIVE 2002 LOW-INCOME HOUSING TAX CREDITS. -- PASSED

01-0737R - RESOLUTION TRANSFERRING $5,000 WITHIN THE 2000 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ACCOUNT. -- PASSED

01-0738R - RESOLUTION TRANSFERRING $14,718 WITHIN THE 1999 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ACCOUNT. -- PASSED

01-0718R - RESOLUTION APPROVING THE MILLER CREEK DIAGNOSTIC STUDY AND IMPLEMENTATION PLAN, CLEAN WATER PARTNERSHIP PHASE 1 REPORT. -- PASSED

01-0721R - RESOLUTION APPROVING DEDA AMENDMENTS TO AGREEMENTS WITH HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA (HRA) AND SPIRIT VALLEY CITIZENS NEIGHBORHOOD DEVELOPMENT ASSOCIATION (SVCNDA) PURSUANT TO DEDA RESOLUTION 01D-39. -- PASSED

01-0723R - RESOLUTION AUTHORIZING ACCEPTANCE OF LAND DONATION FROM JAMES AND JOYCE R. EKSTROM IN NORTHWEST CORNER AREA. -- PASSED

01-0740R - RESOLUTION AMENDING A SPECIAL USE PERMIT GRANTED TO STEVE PAULSON FOR EXPANDED USE OF A MINI STORAGE FACILITY IN AN S ZONE FOR PROPERTY LOCATED AT 4514 RICE LAKE ROAD. -- PASSED

01-0741R - RESOLUTION VACATING ALLEY BETWEEN BLOCKS 54 AND 55, BAYVIEW HEIGHTS SECOND ADDITION, LOCATED NORTH OF ASH STREET BETWEEN 77TH AVENUE AND IRVING AVENUE IN BAYVIEW HEIGHTS (ANDERSON). -- PASSED

01-0743R - RESOLUTION VACATING ALLEY ADJACENT TO LOT 16, BLOCK 189, WEST DULUTH SEVENTH DIVISION, AND ACCEPTING DEDICATION OF AN ALLEY EASEMENT TO BE LOCATED AT THE WESTERLY FIVE FEET OF LOT 16, BLOCK 188, WEST DULUTH SEVENTH DIVISION AND AUTHORIZING APPROPRIATE CITY OFFICIALS TO ACCEPT AND FILE TITLE TRANSFER DOCUMENTS (HRA-SVCNDA). -- PASSED

01-0724R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH CORPORATION FOR A SKILLED WORKFORCE TO PROVIDE STRATEGIC PLANNING FACILITATION SERVICES TO THE DULUTH WORKFORCE COUNCIL, INC., AT A COST NOT TO EXCEED $2,350. -- PASSED

01-0725R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT $171,427 IN WORKFORCE INVESTMENT ACT (W.I.A.) ADULT FUNDS FROM THE MINNESOTA DEPARTMENT OF ECONOMIC SECURITY IN ACCORDANCE WITH CITY CONTRACT NO. 18880. -- PASSED

01-0748R - RESOLUTION REQUESTING A STATE BOND ALLOCATION OF $3,000,000 TO ASSIST IN IMPROVEMENTS TO THE SPIRIT MOUNTAIN RECREATION AREA FACILITIES. -- PASSED

01-0726R - RESOLUTION OF INTENT FOR CONSTRUCTION OF BITUMINOUS SURFACING OF 103RD AVENUE WEST CONCRETE ALLEY BETWEEN MCGONAGLE STREET AND 102ND AVENUE WEST (CITY JOB NO. 0053TR). -- PASSED

01-0735R - RESOLUTION AWARDING CONTRACT TO HUMES PLUMBING AND HEATING FOR I&I SEPARATION/DISCHARGE OF NINE HOMES AT WEST MANKATO STREET IN THE AMOUNT OF $42,660. -- PASSED

01-0744R - RESOLUTION AUTHORIZING PAYMENT OF $24,000 TO DONNA L. JOURDAIN, HER ATTORNEY, GARY STONEKING, AND STATE OF MINNESOTA IN FULL SETTLEMENT OF CLAIMS ARISING FROM AN ACCIDENT ON DECEMBER 3, 1998. -- PASSED

01-0745R - RESOLUTION IN SUPPORT OF A GRANT APPLICATION TO MINNESOTA'S LAKE SUPERIOR COASTAL PROGRAM FOR MATCHING FUNDS TOWARD THE REMEDIATION OF THE SARGENT'S CREEK DUMP SITE, NOT TO EXCEED $250,000. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

01-0715R - RESOLUTION DENYING A CONCURRENT USE PERMIT TO CARLA BLUMBERG FOR A DECK IN THE RIGHT-OF-WAY OF 19TH AVENUE EAST ADJACENT TO 1902 EAST EIGHTH STREET. -- TABLED

01-0736R - RESOLUTION AUTHORIZING AN AGREEMENT WITH STANIUS JOHNSON ARCHITECTS IN THE AMOUNT OF $370,760 FOR ARCHITECTURAL SERVICES RELATED TO AN AVIATION INCUBATOR FACILITY. -- PASSED UNANIMOUSLY

01-0742R - RESOLUTION VACATING ROBIN AVENUE BETWEEN RAINBOW STREET AND WALNUT STREET IN DULUTH HEIGHTS (BOYER). -- PASSED UNANIMOUSLY

01-0751R - RESOLUTION DENYING 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. -- FAILED 1-7-1 (Stewart voted for resolution; Stenberg abstained)

01-0747R - RESOLUTION REQUESTING A STATE BOND ALLOCATION OF $1,900,000 TO ASSIST IN COMPLETING THE RENOVATION OF THE AERIAL LIFT BRIDGE. -- PASSED UNANIMOUSLY

01-0730R - RESOLUTION OF INTENT TO CONSTRUCT A PERMANENT DESIGN BITUMINOUS ALLEY IN 61ST AVENUE WEST ALLEY BETWEEN BRISTOL STREET AND GREENE STREET (CITY JOB NO. 0076TR). -- PASSED 8-1 (Hogg)

01-0746R - RESOLUTION AWARDING CONTRACT TO QUALITY UNDERGROUND SERVICES FOR CONSTRUCTION OF GAS MAIN IN ASPENWOOD POCKET CONVERSION AREAS, IN THE AMOUNT OF $77,623. -- PASSED 8-0-1 (Hogg abstained)

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

The following entitled ordinances were read for the first time:

01-042-O - AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO CARLA BLUMBERG FOR A DECK IN THE RIGHT-OF-WAY OF 19TH AVENUE EAST ADJACENT TO 1902 EAST EIGHTH STREET. -- 1ST READING

01-043-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NUMBER 23 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 ON THE NORTH SIDE OF TRINITY ROAD WEST OF 2528 TRINITY ROAD (DULUTH KEYSTONE LLC). -- 1ST READING

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The following entitled ordinances were read for the second 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. -- PASSED UNANIMOUSLY

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. -- PASSED UNANIMOUSLY

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. -- TABLED

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

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. -- TABLED

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. -- AMENDED & PASSED UNANIMOUSLY

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