ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, January 26, 2004

ROLL CALL -- ALL PRESENT
APPROVAL OF MINUTES - November 24 and December 1, 2003. -- APPROVED

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RESOLUTIONS TABLED

 

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC 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 ATKINS (INTRODUCED BY COUNCILOR NESS) (INTERGOVERNMENTAL RELATIONS)

03-0889R - RESOLUTION ESTABLISHING THE CITY'S LEGISLATIVE PRIORITIES FOR THE 2004 SESSION OF THE MINNESOTA STATE LEGISLATURE. (TABLED 12/15/2003) -- AMENDED & PASSED UNANIMOUSLY

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) -- FAILED 4-5 (Atkins, Gilbert, Reinert, Stover)

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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 NESS

(FINANCE)

04-0001R - RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO SECTION 8 OF THE CITY CHARTER. (REPLACEMENT) -- PASSED

04-0061R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF GILEAD AND PETRE SANITARY SEWER EXTENSIONS AND ALLEY CONSTRUCTION AT 57TH AVENUE WEST. -- PASSED

04-0062R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF $800,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2004A. -- PASSED

04-0064R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF CITY OF DULUTH $12,000,000 GENERAL OBLIGATION TAX AND AID ANTICIPATION CERTIFICATES OF INDEBTEDNESS OF 2004. -- PASSED

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0002R - RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO SECTION 35 OF THE CITY CHARTER. (REPLACEMENT) -- PASSED

04-0052R - RESOLUTION AUTHORIZING A CONTRACT WITH GAMBLERS INTERVENTION SERVICES FOR THE OPERATION OF AN OUTREACH GAMBLING PROGRAM DURING YEAR 2004 AT A COST TO THE CITY OF $90,000. -- PASSED

04-0054R - RESOLUTION AUTHORIZING A CONTRACT WITH THE MINNESOTA COUNCIL ON COMPULSIVE GAMBLING, INC., FOR THE OPERATION OF A COMPULSIVE GAMBLING PREVENTION AND EDUCATION PROGRAM DURING YEAR 2004 AT A COST TO THE CITY OF $148,096. -- PASSED

04-0060R - RESOLUTION IMPOSING A CIVIL FINE IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF WIZNER COMPANY (NORMAN'S BAR), 113 WEST FIRST STREET. -- PASSED

04-0067R - RESOLUTION AWARDING CONTRACT TO MACQUEEN EQUIPMENT, INC., FOR O.E.M. PARTS AND REPAIRS FOR SNOW BLOWERS AS NEEDED DURING THE YEAR 2004 AT AN ESTIMATED AMOUNT OF $25,000. -- PASSED

04-0069R - RESOLUTION AUTHORIZING A CONTRACT TO OTIS-MAGIE-GUSTAFSON AGENCY FOR PROPERTY INSURANCE FOR 47 CITY OWNED STRUCTURES AND 26 PIECES OF EQUIPMENT, IN THE AMOUNT OF $104,981. -- PASSED

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0039R - RESOLUTION ACCEPTING REIMBURSEMENT FROM DEDA FOR BAYWALK CONSTRUCTION EXPENSES RELATING TO BUILDING N IN THE AMOUNT OF $203,800 AND AUTHORIZING A BAYWALK EASEMENT AGREEMENT WITH BUILDING N, INC. -- PASSED

04-0053R - RESOLUTION VACATING A 20-FOOT WIDE UTILITY EASEMENT ON PROPERTY LOCATED AT 4048 AND 4050 MINNESOTA AVENUE (BUSHEY). -- PASSED

04-0056R - RESOLUTION OF INTENT TO DEDUCT $9,975.24 ANNUALLY FOR A PERIOD OF FIVE YEARS FROM THE FUNDING ALLOCATED TO THE HISTORIC UNION DEPOT, INC. (DEPOT), IN ORDER TO PROVIDE FOR REPAYMENT OF A LOAN MADE BY THE CITY TO THE ST. LOUIS COUNTY HERITAGE AND ART CENTER (ART CENTER). -- PASSED

04-0059R - RESOLUTION VACATING A PORTION OF A 16-FOOT WIDE ALLEY ON PROPERTY LOCATED ALONG THE EAST SIDE OF WOODLAND AVENUE BETWEEN ELIZABETH STREET AND NORTON STREET (MORSE). -- PASSED

04-0074R - RESOLUTION AUTHORIZING AN AGREEMENT WITH HISTORIC UNION DEPOT, INC., IN THE AMOUNT OF $127,607. -- PASSED

04-0080R - RESOLUTION APPROVING DEDA RESOLUTION 04D-01 AUTHORIZING ACQUISITION OF CERTAIN PROPERTY FROM THE STATE OF MINNESOTA THROUGH ST. LOUIS COUNTY FOR APPRAISED VALUE OF $9,400 AND ASSESSMENTS IN THE AMOUNT OF $4,774. -- PASSED

04-0081R - RESOLUTION APPROVING DEDA RESOLUTION 04D-02 AUTHORIZING AN AMENDMENT TO AGREEMENT WITH ONEIDA REALTY COMPANY FOR OPERATION OF DEDA-OWNED AND DEDA-CONTROLLED LOTS IN CANAL PARK AND IN THE DOWNTOWN AREA. -- PASSED

04-0082R - RESOLUTION APPROVING DEDA RESOLUTION NO. 04D-03 APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH LHB RIVERSIDE DEVELOPMENT, LLC, RELATING TO THE RIVERSIDE RESIDENTIAL DEVELOPMENT. -- PASSED

04-0083R - RESOLUTION APPROVING DEDA RESOLUTION NO. 04D-04 AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SOFT CENTER DULUTH. -- PASSED

04-0084R -RESOLUTION APPROVING DEDA RESOLUTION 04D-06 AUTHORIZING DEDA'S SLATE OF OFFICERS FOR THE YEAR 2004. -- PASSED

04-0085R - RESOLUTION APPROVING DEDA RESOLUTION NO. 04D-07 GIVING APPROVAL OF A PROJECT BY ST. JAMES HOME OF DULUTH, INC., D/B/A WOODLAND HILLS, AND APPROVING A JOINT POWERS AGREEMENT. -- PASSED

04-0086R - RESOLUTION APPROVING THE ISSUANCE AND SALE OF HEALTH CARE FACILITIES REVENUE BONDS AND EXECUTION OF RELATED DOCUMENTS FOR THE BENEFIT OF THE BENEDICTINE HEALTH SYSTEM-ST. MARY'S DULUTH CLINIC HEALTH SYSTEM OBLIGATED GROUP PURSUANT TO DEDA RESOLUTION NO. 04D-08. -- PASSED

04-0087R - RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT; REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR APPROVAL; AND APPROVING A JOINT POWERS AGREEMENT FOR THE BENEFIT OF THE BENEDICTINE HEALTH SYSTEM-ST. MARY'S DULUTH CLINIC HEALTH SYSTEM OBLIGATED GROUP PURSUANT TO DEDA RESOLUTION NO. 04D-14. -- PASSED

04-0088R - RESOLUTION APPROVING DEDA RESOLUTION 04D-10 AUTHORIZING AN AMENDMENT TO LEASE AGREEMENT WITH TECH VILLAGE, L.L.C. -- PASSED

04-0090R - RESOLUTION APPROVING DEDA RESOLUTION 04D-09 AUTHORIZING AN AGREEMENT WITH NORTHSPAN GROUP, INC., TO FUND THE ARROWHEAD BUSINESS CONNECTION REGIONAL RECRUITMENT AND RETENTION PROGRAM. -- PASSED

04-0091R - RESOLUTION APPROVING AN AGREEMENT WITH SHORT ELLIOT HENDRICKSON, INC., FOR A PROPERTY ELIGIBILITY SURVEY RELATED TO THE USE OF TIF FOR THE SMDC PROJECT PURSUANT TO DEDA RESOLUTION 04D. -- PASSED

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0065R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF LAKELAND DELIVERY SERVICE, INC., IN THE AMOUNT OF $17,481.18. -- PASSED

04-0072R - RESOLUTION AWARDING CONTRACT TO VOGEL PAINT AND WAX COMPANY, INC., FOR 6,300 GALLONS OF YELLOW AND WHITE TRAFFIC MARKING PAINT, IN THE AMOUNT OF $29,671.65. -- PASSED

04-0073R - RESOLUTION AMENDING RESOLUTION 03-0706 AWARDING CONTRACT TO PROGRESSIVE CONSULTING ENGINEERS, FOR PROFESSIONAL SERVICES RELATING TO THE DEVELOPMENT OF A WATER RATE MODEL FOR THE STORA ENSO PAPER MILL, TO INCREASE THE AMOUNT BY $2,880 FOR A NEW TOTAL OF $12,650. -- PASSED

COMMITTEE 3

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0070R - RESOLUTION AWARDING CONTRACT TO E/S SUPPORT SERVICES FOR COMPUTER HARDWARE AND SOFTWARE MAINTENANCE AS NEEDED DURING THE YEAR 2004, AT AN ESTIMATED AMOUNT OF $17,000. -- PASSED

04-0075R - RESOLUTION AUTHORIZING EXECUTION OF SEVERANCE AGREEMENT WITH DONALD MACMILLAN, CITY OF DULUTH AND DULUTH POLICE LOCAL. -- PASSED

BY COUNCILOR REINERT (RECREATION, LIBRARIES & AUTHORITIES)

04-0057R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH KRECH-OJARD & ASSOCIATES, P.A., FOR PROVIDING CERTAIN DESIGN SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE ALTERATIONS TO AND RECONSTRUCTION OF THE MAIN LIBRARY EXTERIOR STAIRS IN AN AMOUNT NOT TO EXCEED $8,000. -- PASSED

04-0063R - RESOLUTION AUTHORIZING THE CITY'S FINANCE DIRECTOR TO ACT AS FISCAL AGENT FOR GRANTS FOR THE SUPERIOR HIKING TRAIL ASSOCIATION FOR THE SUPERIOR HIKING TRAIL AND FURTHER SUPPORTING THE CONSTRUCTION AND MAINTENANCE OF THE SUPERIOR HIKING TRAIL IN THE CITY OF DULUTH BY THE SUPERIOR HIKING TRAIL ASSOCIATION FOR A PERIOD OF 20 YEARS. -- PASSED

04-0066R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SUPERIOR HIKING TRAIL ASSOCIATION FOR THE CONSTRUCTION AND OPERATING OF THE SUPERIOR HIKING TRAIL THROUGH DULUTH. -- PASSED

04-0071R - RESOLUTION AWARDING CONTRACT TO CENTRAL NEBRASKA PACKING, INC., FOR ZOO ANIMAL FOODS FOR FELINE, OMNIVORE, BIRD OF PREY AND PRIMATE DIETS AS NEEDED DURING THE YEAR 2004, AT AN ESTIMATED AMOUNT OF $25,000. -- PASSED

END OF CONSENT AGENDA
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The following entitled resolutions were also considered:

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-0077R - RESOLUTION IN SUPPORT OF EFFORTS OF SAFE HAVEN SHELTER FOR BATTERED WOMEN TO AID VICTIMS OF VIOLENCE. (REPLACEMENT) -- PASSED UNANIMOUSLY

04-0093R - RESOLUTION AUTHORIZING AN AMENDED AND RESTATED OPERATING AND REVENUE PARTICIPATION AGREEMENT PERTAINING TO THE GREAT LAKES AQUARIUM. -- TABLED

BY COUNCILORS NESS AND STEWART

04-0092R - RESOLUTION OPPOSING USE OF ALL TERRAIN VEHICLES IN THE CITY OF DULUTH. -- TABLED

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0089R - RESOLUTION APPROVING DEDA RESOLUTION NO. 04D-12 AUTHORIZING AN AMENDED AND RESTATED OPERATING AND REVENUE PARTICIPATION AGREEMENT PERTAINING TO THE GREAT LAKES AQUARIUM. -- TABLED

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0076R - RESOLUTION REFERRING IMPORTANT COMMUNITY HOUSING ISSUES TO THE PLANNING COMMISSION AND A TASK FORCE. -- TABLED

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCE TABLED

COMMITTEE 2

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 ordinances were read for the first time:

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-001-O - AN ORDINANCE AMENDING SECTION 8 OF THE DULUTH CITY CHARTER TO AUTHORIZE THE CITY COUNCIL TO DELEGATE TO ADMINISTRATIVE OFFICERS THE POWER TO APPROVE CONTRACTS. -- 1ST READING

BY COUNCILORS NESS AND STEWART

04-006-O - AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 35-6 AND ADDING A NEW SECTION 45-6.3; REGULATING USE OF RECREATIONAL VEHICLES ON PUBLIC LAND WITHIN THE CITY. (REPLACEMENT) -- 1ST READING

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-002-O - AN ORDINANCE AMENDING SECTION 35 OF THE DULUTH CITY CHARTER TO INCREASE THE NUMBER OF MEMBERS OF THE CIVIL SERVICE BOARD TO FIVE. -- 1ST READING

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-004-O - AN ORDINANCE GRANTING TO DULUTH LAKEWALK OFFICES, LLC, A CONCURRENT USE PERMIT TO CONSTRUCT AND MAINTAIN PARKING SPACES FOR PRIVATE USE IN THE RIGHT-OF-WAY OF 14TH AVENUE EAST. -- 1ST READING

04-005-O -AN ORDINANCE AUTHORIZING DEVELOPMENT AGREEMENT WITH ROBERT D. FINNIGAN FOR SALE OF LOT IN THE CENTRAL HILLSIDE AND DEVELOPMENT OF A CONDOMINIUM DEVELOPMENT. -- 1ST READING

The following entitled ordinance was read for the second time:

COMMITTEE 2

(PLANNING & ECONOMIC DEVELOPMENT)

BY COUNCILOR GILBERT (INTRODUCED BY COUNCILOR JOHNSON)

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). -- TABLED

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