ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, January 12, 2004

ROLL CALL -- ALL PRESENT
APPROVAL OF MINUTES - November 10, 2003. -- APPROVED

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RESOLUTIONS TABLED

COMMITTEE 2

BY COUNCILOR GILBERT

(COMMUNITY DEVELOPMENT)

03-0789R - RESOLUTION EXPRESSING SUPPORT OF LAKEWALK TOWNHOMES PROJECT SUBJECT TO CERTAIN CONDITIONS. (TABLED 11/24/2003) (REPLACEMENT 2) -- REMAINED ON TABLE

BY COUNCILOR NESS

(INTERGOVERNMENTAL RELATIONS)

03-0692R - RESOLUTION AUTHORIZING AMENDMENT AGREEMENT NO. 18314 WITH HERMANTOWN FOR THE MILLER CREEK JOINT POWERS BOARD. (TABLED 9/22/2003) -- REFERRED TO ADMINISTRATION

03-0889R - RESOLUTION ESTABLISHING THE CITY'S LEGISLATIVE PRIORITIES FOR THE 2004 SESSION OF THE MINNESOTA STATE LEGISLATURE. (TABLED 12/15/2003) -- REMAINED ON TABLE

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

03-0760R - RESOLUTION AUTHORIZING A CONTRACT WITH ALLCO FINANCE CORPORATION FOR EXCLUSIVE RIGHTS TO FINALIZE A LEASE OF CITY-OWNED INFRASTRUCTURE AND EXPRESSING CITY'S INTENT TO DO SO. (RETABLED 12/15/2003) -- REMAINED ON TABLE

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MOTIONS AND RESOLUTIONS

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

COMMITTEE 1

BY COUNCILOR LITTLE

(FINANCE)

04-0033R - RESOLUTION AUTHORIZING AN AGREEMENT WITH FRYBERGER, BUCHANAN, SMITH & FREDERICK, P.A., FOR LEGISLATIVE SERVICES IN AN AMOUNT NOT TO EXCEED $42,230. -- PASSED

BY COUNCILOR ATKINS

(PURCHASING & ADMINISTRATION)

04-0035R - RESOLUTION AWARDING CONTRACT TO XEROX CORPORATION FOR COPIER RENTAL/MAINTENANCE, IN THE AMOUNT OF $48,944.33. -- PASSED

04-0036R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SUPERIORUSA BENEFITS CORPORATION TO PROVIDE ADMINISTRATIVE SERVICES FOR A FLEXIBLE BENEFITS PLAN FOR THE CITY FOR YEAR 2004, AT AN ESTIMATED COST OF $11,642. -- PASSED

04-0045R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO NATIONAL MULTIPLE SCLEROSIS SOCIETY. -- PASSED

04-0046R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE OF ST. LOUIS AND CARLTON COUNTY CHAPTER OF PHEASANTS FOREVER. -- PASSED

04-0047R - RESOLUTION APPROVING THE TRANSFER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF DAC, LLC (GOOD TIMES LIQUOR & TOBACCO SHOP), 11 NORTH FOURTH AVENUE WEST, TO THOMAS GEORGE (GEORGE'S LIQUOR), 1340 WEST ARROWHEAD ROAD. -- PASSED

04-0048R - RESOLUTION APPROVING THE TRANSFER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF KENWOOD LIQUOR, INC. (KENWOOD LIQUOR), 1340 WEST ARROWHEAD ROAD, TRANSFERRED TO KENWOOD LIQUOR, INC. (KENWOOD LIQUOR), 3904 GRAND AVENUE. -- PASSED

04-0049R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE NONINTOXICATING MALT LIQUOR LICENSE AND AN ON SALE WINE LICENSE FROM LOUIS' CAFÉ OF DULUTH, INC. (LOUIS' CAFÉ), 1500 LONDON ROAD, TO PINDOS, INC. (YANNI'S), 1500 LONDON ROAD. -- PASSED

04-0050R - RESOLUTION ISSUING AN ON SALE NONINTOXICATING MALT LIQUOR LICENSE AND APPROVING THE ISSUANCE OF AN ON SALE WINE LICENSE TO VIETNAMESE LOTUS INN, INC. (VIETNAMESE LOTUS INN), 1314 COMMONWEALTH AVENUE. -- PASSED

04-0051R - RESOLUTION APPROVING THE 2:00 A.M. CLOSING LICENSE FOR GRANDMA'S, INC. (GRANDMA'S SALOON & GRILL), 522 LAKE AVENUE SOUTH. -- PASSED

BY COUNCILOR STEWART

(PERSONNEL)

04-0044R - RESOLUTION CONFIRMING APPOINTMENTS OF DONNY NESS AND JIM STAUBER TO DULUTH ECONOMIC DEVELOPMENT AUTHORITY, REPLACING KEN HOGG AND ROB STENBERG. -- PASSED

COMMITTEE 2

BY COUNCILOR GILBERT

(COMMUNITY DEVELOPMENT)

04-0017R - RESOLUTION TRANSFERRING FUNDS WITHIN THE 2003 CDBG COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. -- PASSED

BY COUNCILOR JOHNSON

(PHYSICAL DEVELOPMENT)

04-0005R - RESOLUTION AUTHORIZING A FORGIVABLE LOAN OF $75,000 TO THE CITY OF DULUTH FOR ACQUISITION AND DEMOLITION OF THE SAN MARCO PROPERTY FOR THE WETHOUSE PROJECT PURSUANT TO DEDA RESOLUTION 03D-65 AND ESTABLISHING TERMS FOR REPAYMENT. -- PASSED

04-0006R - RESOLUTION APPROVING DEDA'S TRANSFER OF FUNDS TO THE CITY OF DULUTH FOR BAYWALK CONSTRUCTION EXPENSES RELATING TO BUILDING N PURSUANT TO DEDA RESOLUTION 03D-76. -- PASSED

04-0011R - RESOLUTION AUTHORIZING DEVELOPMENT AGREEMENT WITH C.C. SAN MARCO, L.L.C. FOR THE DEVELOPMENT OF A LOW INCOME RESIDENTIAL PROJECT IN THE CENTRAL HILLSIDE NEIGHBORHOOD WITH ACCOMMODATIONS FOR VICTIMS OF CHRONIC ALCOHOLISM. -- PASSED

04-0012R - RESOLUTION VACATING A PORTION OF THE SUPERIOR STREET ALLEY BETWEEN 38TH AND 39TH AVENUES WEST (DULUTH ECONOMIC DEVELOPMENT AUTHORITY). -- PASSED

04-0013R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO CHRISTINE SCHAFER FOR A HOME BEAUTY SALON FOR PROPERTY LOCATED AT 4508 OAKLEY STREET. -- PASSED

04-0015R - RESOLUTION AUTHORIZING AN AMENDMENT TO THE DULUTH PROPERTY REHABILITATION PROGRAM PROJECT AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY (HRA) OF DULUTH, MN, TO INCREASE THE AMOUNT PAYABLE THEREUNDER FROM $836,000 TO $1,011,000. -- PASSED

04-0040R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE GREATER DOWNTOWN COUNCIL REGARDING CERTAIN DOWNTOWN PROGRAMS IN AN AMOUNT NOT TO EXCEED $87,000. -- PASSED

BY COUNCILOR NESS

(INTERGOVERNMENTAL RELATIONS)

04-0009R - RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND THE ST. LOUIS COUNTY BOARD FOR THE FURNISHING OF HOME-DELIVERED MEALS FOR THE PERIOD FROM JANUARY 1, 2004, TO DECEMBER 31, 2004. -- PASSED

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0003R - RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DEDICATION OF A UTILITY EASEMENT IN A PARCEL OF LAND OWNED BY CLARK BUILDERS, LLC. -- PASSED

04-0004R - RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AND ACCEPT A GRANT FROM THE MINNESOTA DNR IN THE AMOUNT OF $45,580 TO EXPAND THE REGIONAL EDUCATION OUTREACH OF THE WEBSITE, DULUTHSTREAMS.ORG. -- PASSED

04-0014R - RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH CENTAUR LLC FOR LEASE OF SHOP AND WAREHOUSE SPACE IN WEST DULUTH FOR $1,200 PER MONTH. -- PASSED

04-0016R - RESOLUTION AMENDING RESOLUTION 03-0720 AWARDING CONTRACT TO STACK BROTHERS MECHANICAL CONTRACTORS, INC., FOR INSTALLING SUPPLY AND RETURN CHILLED WATER LINKS, TO INCREASE THE AMOUNT BY $136,315 FOR A NEW TOTAL OF $364,315. -- PASSED

04-0018R - RESOLUTION AWARDING CONTRACT TO K.A. STEEL CHEMICALS, INC., FOR 100,000 GALLONS OF CAUSTIC SODA IN THE AMOUNT OF $66,360. -- PASSED

04-0021R - RESOLUTION AWARDING CONTRACT TO WESTERN LAKE SUPERIOR SANITARY DISTRICT FOR 25 PERCENT OF CONSTRUCTION COSTS OF THE SANITARY SEWER STORAGE BASIN IN GARY/NEW DULUTH IN THE AMOUNT OF $99,084.88. -- PASSED

04-0022R - RESOLUTION AWARDING CONTRACT TO THUNDER BAY CHEMICALS, LTD, FOR 150,000 GALLONS OF LIQUID ALUMINUM SULFATE IN THE AMOUNT OF $57,825. -- PASSED

04-0023R - RESOLUTION AWARDING CONTRACT TO LAROCHE INDUSTRIES, INC., FOR APPROXIMATELY 40,000 POUNDS OF ANHYDROUS AMMONIA IN THE AMOUNT OF $17,600. -- PASSED

04-0029R - RESOLUTION AWARDING CONTRACT TO VIKING ELECTRIC SUPPLY, INC., FOR DOWNTOWN AREA AND CANAL PARK AREA STREET LIGHTS REPLACEMENTS IN THE AMOUNT OF $11,565.90. -- PASSED

04-0034R - RESOLUTION AUTHORIZING AGREEMENT WITH MINNESOTA POWER FOR PROFESSIONAL SERVICES REGARDING ACQUISITION, TRANSPORTATION AND MANAGEMENT OF NATURAL GAS SUPPLIES IN THE AMOUNT OF NOT TO EXCEED $30,000. -- PASSED

04-0037R - RESOLUTION AUTHORIZING PAYMENT OF $24,762.49 TO STATE FARM INSURANCE, AS SUBROGEE OF RALPH KERSTEN, FOR SETTLEMENT OF SUBROGATION CLAIM ARISING FROM A WATER MAIN BREAK ON JULY 14, 2003. -- PASSED

04-0038R - RESOLUTION AUTHORIZING PAYMENT OF $13,558.11 TO STATE FARM INSURANCE, AS SUBROGEE OF RALPH KERSTEN, FOR SETTLEMENT OF SUBROGATION CLAIM ARISING FROM A WATER MAIN BREAK ON JULY 14, 2003. -- PASSED

04-0043R - RESOLUTION SUPPORTING HABITAT RESTORATION IN THE LOWER ST. LOUIS RIVER ESTUARY, TO MITIGATE IMPACTS OF BRIDGE RECONSTRUCTIONS OVER MILLER, KINGSBURY AND KEENE CREEKS. -- PASSED

BY PRESIDENT STAUBER

(PUBLIC SAFETY)

04-0007R - RESOLUTION ACCEPTING UP TO $432,296 UNDER THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE ON VIOLENCE AGAINST WOMEN, GRANT PROGRAM TO PROVIDE PERSONNEL, EQUIPMENT AND TRAINING FOR THE PERIOD SEPTEMBER 1, 2003, THROUGH AUGUST 31, 2005. -- PASSED

04-0008R - RESOLUTION IN SUPPORT OF A GRANT APPLICATION TO MINNESOTA'S LAKE SUPERIOR COASTAL PROGRAM FOR MATCHING FUNDS FOR CHESTER CREEK AND MILLER CREEK PARCEL OWNERSHIP MAPPING PROJECT. -- PASSED

04-0019R - RESOLUTION AUTHORIZING THE EXPENDITURE FOR APPROXIMATELY $40,000 FOR THE BOARDING OF PRISONERS AT THE ST. LOUIS COUNTY JAIL. -- PASSED

04-0024R - RESOLUTION AWARDING CONTRACT TO ST. LOUIS COUNTY DEPARTMENT OF COMMUNICATIONS FOR COMPUTER AIDED DISPATCH SYSTEM ACCESS IN THE AMOUNT OF $25,440. -- PASSED

04-0025R - RESOLUTION AWARDING CONTRACT TO STRATUS COMPUTER COMPANY FOR 12 MONTHS OF A MAINTENANCE AGREEMENT COVERING COMPUTER HARDWARE AND SOFTWARE IN THE AMOUNT OF $28,548. -- PASSED

04-0026R - RESOLUTION AUTHORIZING A CONTRACT WITH ARROWHEAD REGIONAL CORRECTIONS TO REIMBURSE THE ST. LOUIS COUNTY SHERIFF FOR PROVIDING IDENTIFICATION SERVICES DURING THE YEAR 2004 AT AN ESTIMATED AMOUNT OF $13,102. -- PASSED

04-0041R - RESOLUTION AUTHORIZING ACCEPTANCE OF 2003 STATE HOMELAND SECURITY PART I EQUIPMENT/EXERCISE/TRAINING GRANT FOR THE AM0UNT OF $55,000 FOR THE DULUTH FIRE DEPARTMENT. -- PASSED

04-0042R - RESOLUTION AUTHORIZING AN AGREEMENT WITH STATE OF MINNESOTA GRANTING THE CITY OFFICIALS JURISDICTION TO ADMINISTER CODES THAT AFFECT PUBLIC BUILDINGS AND STATE LICENSED FACILITIES. -- PASSED

BY PRESIDENT STAUBER

(RECREATION, LIBRARIES & AUTHORITIES)

04-0020R - RESOLUTION AWARDING CONTRACT TO SIVERTSON FISHERIES, INC., FOR COLD STORAGE RENTAL AND FISH PURCHASES AS NEEDED DURING YEAR 2004 AT AN ESTIMATED AMOUNT OF $10,000. -- PASSED

04-0027R - RESOLUTION AMENDING RESOLUTION 03-0014 AWARDING CONTRACT TO ST. LOUIS COUNTY SOCIAL SERVICES FOR CATERED MEALS DURING YEAR 2004 TO INCREASE THE AMOUNT BY $161,991 FOR A NEW TOTAL OF $657,379.50. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

COMMITTEE 1

BY COUNCILOR LITTLE

(FINANCE)

04-0032R - RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, STATING THE INTENT TO ISSUE $800,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2004. -- PASSED UNANIMOUSLY

COMMITTEE 2

BY COUNCILOR NESS

(INTERGOVERNMENTAL RELATIONS)

04-0010R - RESOLUTION RECOGNIZING JANUARY AS NATIONAL MENTORING MONTH. -- PASSED UNANIMOUSLY

04-0055R - RESOLUTION ENDORSING THE 2004 WALK A MILE PROGRAM. -- PASSED UNANIMOUSLY

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0028R - RESOLUTION AMENDING RESOLUTION 03-0018 AWARDING CONTRACT TO CARLSON AND KIRWAN FOR MARKETING AND ADVERTISING SERVICES FOR THE NATURAL GAS UTILITY, TO INCREASE THE AMOUNT BY $93,174 FOR A NEW TOTAL OF $383,774. -- PASSED UNANIMOUSLY

BY PRESIDENT STAUBER

(RECREATION, LIBRARIES & AUTHORITIES)

04-0030R - RESOLUTION APPOINTING ROGER REINERT TO FILL THE VACANT AT LARGE CITY COUNCIL SEAT. -- AMENDED AND PASSED UNANIMOUSLY

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCES TABLED

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

03-072-O - AN ORDINANCE AUTHORIZING SALE OF CERTAIN PROPERTY IN DULUTH HEIGHTS TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH. (TABLED 1/5/2004) -- PASSED UNANIMOUSLY

BY PRESIDENT STAUBER AND COUNCILOR GILBERT

03-063-O - AN ORDINANCE AMENDING SECTION 29A-32 OF THE DULUTH CITY CODE 1959, AS AMENDED, RELATING TO RENTAL LICENSING. (TABLED 11/24/2003) -- REMAINED ON TABLE

The following entitled ordinance is to be read for the first time:

COMMITTEE 2

BY COUNCILOR JOHNSON

(PHYSICAL DEVELOPMENT)

04-003-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 29 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-2, TWO FAMILY RESIDENTIAL, TO R-3, APARTMENT RESIDENTIAL, PROPERTY LOCATED NORTHWEST OF MESABA AVENUE BETWEEN SECOND AVENUE WEST AND WEST CASCADE STREET (FINNIGAN). -- 1st READING

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