ACTIONS
DULUTH CITY COUNCIL MEETING
Monday, February 23, 2004


ROLL CALL -- ABSENT: Atkins
APPROVAL OF MINUTES
- December 4 and 15, 2003. -- APPROVED

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RESOLUTIONS TABLED

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-0093R - RESOLUTION AUTHORIZING AN AMENDED AND RESTATED OPERATING AND REVENUE PARTICIPATION AGREEMENT PERTAINING TO THE GREAT LAKES AQUARIUM. (TABLED 1/26) -- REMAINED ON TABLE

BY COUNCILORS NESS AND GILBERT

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 1/26) -- REMAINED ON TABLE

COMMITTEE 2

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0076R - RESOLUTION REFERRING IMPORTANT COMMUNITY HOUSING ISSUES TO THE PLANNING COMMISSION AND A TASK FORCE. (TABLED 1/26) -- PASSED UNANIMOUSLY

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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)

04-0098R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF MISCELLANEOUS BUILDING DEMOLITIONS AND CONSTRUCTION OF THIRD STREET ALLEY BETWEEN 18TH AND 19TH AVENUES EAST. -- PASSED

04-0118R - RESOLUTION AUTHORIZING EXECUTION OF A MAJOR SPONSORSHIP AGREEMENT WITH GRANDMA'S MARATHON-DULUTH, INC., FOR THE 2004 GRANDMA'S MARATHON AT A COST OF NOT TO EXCEED $15,000 PLUS IN-KIND SERVICES. -- PASSED

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0103R - RESOLUTION AUTHORIZING AN AGREEMENT LEASING 10 PARKING SPACES FROM KEGLERS, INC., DBA INCLINE STATION. -- PASSED

04-0129R - RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE ON SALE INTOXICATING LIQUOR LICENSE AND SUNDAY LICENSE OF PLAYER'S GRANDSTAND, INC. (PLAYER'S SPORTS BAR), 4024 GRAND AVENUE. -- PASSED

04-0131R - RESOLUTION AWARDING CONTRACT TO MANEY INTERNATIONAL OF DULUTH, INC., FOR O.E.M. PARTS AND REPAIRS FOR CATERPILLAR DIESEL ENGINES AS NEEDED DURING YEAR 2004 AT AN ESTIMATED AMOUNT OF $30,000. -- PASSED

04-0133R - RESOLUTION AWARDING CONTRACT TO CELLULAR ONE DULUTH/SUPERIOR FOR CELLULAR AIR TIME SERVICE AND HARDWARE AS NEEDED DURING THE YEAR 2004 AT AN ESTIMATED AMOUNT OF $78,950. -- PASSED

04-0134R - RESOLUTION AWARDING CONTRACT TO SUPERIOR FORD, INC., FOR TEN MARKED PATROL VEHICLES IN THE AMOUNT OF $207,485. -- PASSED

04-0135R - RESOLUTION AWARDING CONTRACT TO SOFTWARE HOUSE INTERNATIONAL FOR COMPUTER SOFTWARE AS NEEDED DURING YEAR 2004 AT AN ESTIMATED AMOUNT OF $80,000. -- PASSED

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0105R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF NANCY KASTELIC, JIM D. SCHWERDT AND EDWARD B. SHANBLOTT TO THE BUILDING APPEAL BOARD. -- PASSED

04-0106R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF DEBRA ANDERSON AND ANNETTE PORT TO THE COMMISSION ON DISABILITIES. -- PASSED

04-0107R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF BETSY A. LITTLE TO THE HOUSING AND REDEVELOPMENT AUTHORITY. -- PASSED

04-0108R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF RANDY ANTONICH AND JEAN BORZIC TO THE PARKS AND RECREATION COMMISSION. -- PASSED

04-0110R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF ERIC KAISER TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. -- PASSED

04-0111R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF MARK D. ERICKSON TO THE JOINT AIRPORT ZONING BOARD. -- PASSED

04-0112R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF WILLIAM MINER TO THE MILLER CREEK JOINTS POWERS BOARD. -- PASSED

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0104R - RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA HOUSING FINANCE AGENCY FOR MAXIMUM AMOUNT ALLOWABLE IN MINNESOTA CITY PARTICIPATION PROGRAM FUNDING UP TO $3,000,000, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED $30,000, REFUNDABLE UPON SALE OF BONDS AND PAYMENT OF A PROCESSING FEE NOT TO EXCEED $600, AND AUTHORIZING THE CITY TO ENTER INTO THE 2004 MINNESOTA CITY PARTICIPATION PROGRAM APPLICATION COMMITMENT AGREEMENT. -- PASSED

04-0119R - RESOLUTION VACATING A PORTION OF THE UTILITY EASEMENT ALONG THE REAR (EAST) LINE OF PROPERTY LOCATED AT 1402 VERMILION ROAD (MARKHAM). -- PASSED

04-0120R - RESOLUTION VACATING A 20-FOOT UTILITY EASEMENT LOCATED OVER THE EASTERLY 20 FEET OF PROPERTY LOCATED AT 4106 TIOGA STREET (RAMSAY). -- PASSED

04-0144R - RESOLUTION VACATING A PORTION OF CONGDON BOULEVARD RIGHT-OF-WAY AND UNUSED UTILITY EASEMENTS FOR PROPERTY LOCATED AT 9640 CONGDON BOULEVARD (CAINE). -- PASSED

04-0148R - RESOLUTION AUTHORIZING AN AMENDMENT TO LEASE AGREEMENT WITH DULUTH TECHNOLOGY CENTER, LLC, REGARDING THE LAKE PLACE PARKING LOT. -- PASSED

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-0130R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AND ACCEPT FUNDS FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR PROVISION OF WORKFORCE INVESTMENT ACT TITLE I SERVICES, MINNESOTA YOUTH PROGRAM SERVICES, AND OLDER AMERICAN PROGRAM SERVICES FOR PROGRAM YEARS 2004 - 2007. -- PASSED

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0113R - RESOLUTION AUTHORIZING THE CITY TO PARTICIPATE IN THE JOINT PROPERTY TAX ADVISORY COMMITTEE DURING 2004 AND PAYING FOR ITS SHARE OF A CONSULTANT AGREEMENT AT A COST TO THE CITY OF $11,500. -- PASSED

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0115R - RESOLUTION DESIGNATING SEWER BASINS 1, 2, 3, 4 AND 5 FOR I&I ENFORCEMENT UNDER CHAPTER 43 AND GIVING NOTICE TO AFFECTED PROPERTIES. -- PASSED

04-0121R - RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY DRINKING WATER REVOLVING FUND FOR MORGAN PARK WATER DISTRIBUTION IMPROVEMENTS - PHASE II. -- PASSED

04-0137R - RESOLUTION AWARDING CONTRACT TO UNITED PIPING, INC., FOR CONSTRUCTION OF GAS MAINS IN VARIOUS LOCATIONS DURING YEAR 2003 IN THE AMOUNT OF $34,737.47. -- PASSED

04-0138R - RESOLUTION AWARDING CONTRACT TO HOFFMAN AND MCNAMARA COMPANY FOR CONSTRUCTION OF TREE PLANTING FOR YEAR 2003 STREET IMPROVEMENT PROJECT SITES IN THE AMOUNT OF $98,685. -- PASSED

04-0139R - RESOLUTION AWARDING CONTRACT TO GROEBNER AND ASSOCIATES, INC., FOR GAS METERS IN THE AMOUNT OF $52,520.48. -- PASSED

04-0140R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH L.H.B. ENGINEERS AND ARCHITECTS TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR G.I.S. MAP UPDATE ESTIMATED AT $65,000. -- PASSED

04-0141R - RESOLUTION AMENDING RESOLUTION 03-0244 AWARDING CONTRACT TO STACK BROTHERS, INC., FOR CONSTRUCTION OF 16 INCH GAS MAIN IN MIKE COLALILLO DRIVE, TO INCREASE THE AMOUNT BY $7,714.25 FOR A NEW TOTAL OF $35,014.25. -- PASSED

04-0142R - RESOLUTION AWARDING CONTRACT TO HILLER BROTHERS CONSTRUCTION FOR PAINTING TRAFFIC CONTROL SIGNAL SYSTEM THROUGHOUT THE CITY OF DULUTH IN THE AMOUNT OF $80,000. -- PASSED

04-0149R - RESOLUTION AMENDING RESOLUTION 03-0577 AWARDING CONTRACT TO MORTON SALT DIVISION, C/O HALLETT DOCK COMPANY, FOR ROAD SALT, TO INCREASE THE AMOUNT BY $152,541.44 FOR A NEW TOTAL OF $290,991.44. -- PASSED

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0100R - RESOLUTION AMENDING RESOLUTION 03-0656(A) ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2004 TO INCREASE PAWNBROKER TRANSACTION SURCHARGE TO $2. -- PASSED

04-0101R - RESOLUTION AUTHORIZING SOFTWARE LICENSE AGREEMENT WITH THE CITY OF MINNEAPOLIS TO UTILIZE AN AUTOMATED PAWN SYSTEM SERVICE AND TO MAKE PAYMENTS OF UP TO $1 PER TRANSACTION. -- PASSED

04-0122R - RESOLUTION TO ESTABLISH A ONE STALL HANDICAPPED PARKING ZONE. -- PASSED

04-0136R - RESOLUTION AWARDING CONTRACT TO C-PAT DISTRIBUTION, INC., FOR FIREFIGHTER TRAINING IN THE AMOUNT OF $21,857.81. -- PASSED

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0114R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A FOURTH FEST AGREEMENT WITH LOUIS G. CAMPBELL, THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY, THE LAKE SUPERIOR CENTER AUTHORITY AND THE DULUTH SISTER CITY COMMISSION, INC. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0116R - RESOLUTION AUTHORIZING AMENDED AND RESTATED OPERATING AND REVENUE PARTICIPATION AGREEMENT WITH LAKE SUPERIOR CENTER AND LAKE SUPERIOR CENTER AUTHORITY FOR THE LAKE SUPERIOR AQUARIUM, SUBJECT TO TERMS AND CONDITIONS. -- TABLED

04-0117R - RESOLUTION OF INTENT TO APPROVE MANAGEMENT AGREEMENT WITH RIPLEY'S ENTERTAINMENT CORPORATION FOR OPERATION OF THE LAKE SUPERIOR AQUARIUM. -- TABLED

04-0125R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY THE APPEAL OF THE DECISION OF THE BUILDING INSPECTOR WHICH DENIED THE APPLICATION TO CONSTRUCT A TWO-FAMILY DWELLING IN A SINGLE-FAMILY DISTRICT ON PROPERTY LOCATED AT 1007 WEST EIGHTH STREET (TIM COLLELO BY HANFT FRIDE, PA). -- FAILED UNANIMOUSLY

04-0126R - RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY THE APPEAL OF THE DECISION OF THE BUILDING INSPECTOR WHICH DENIED THE APPLICATION TO CONSTRUCT A TWO-FAMILY DWELLING IN A SINGLE-FAMILY DISTRICT ON PROPERTY LOCATED AT 1007 WEST EIGHTH STREET (TIM COLLELO BY HANFT FRIDE, PA). -- PASSED UNANIMOUSLY

04-0145R - RESOLUTION VACATING ALL STREETS AND ALLEYS WITHIN THE PROPOSED RIVERSIDE HILLS DEVELOPMENT AND PORTIONS OF TRADERS COURT AND KINNEY STREET; LOCATED NORTHWEST OF GRAND AVENUE PLACE BETWEEN TRADERS COURT AND GOGEBIC STREET (DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND LHB ENGINEERS & ARCHITECTS). -- TABLED

04-0147R - RESOLUTION AUTHORIZING ACCEPTANCE OF LAND DONATION IN DULUTH HEIGHTS FROM ROBERT F. AND JEANNE B. DECHANTAL. -- TABLED

04-0153R - RESOLUTION APPROVING DEDA RESOLUTION 04D-05 AUTHORIZING AN AGREEMENT WITH THE STATE AUDITOR TO PERFORM THE 2003 AUDIT. -- PASSED UNANIMOUSLY

04-0154R - RESOLUTION APPROVING DEDA RESOLUTION 04D-13 AUTHORIZING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH THE CENTRAL HILLSIDE DEVELOPMENT LIMITED LIABILITY PARTNERSHIP FOR THE FIFTH STREET REDEVELOPMENT PROJECT. -- PASSED UNANIMOUSLY

04-0155R - RESOLUTION APPROVING DEDA RESOLUTION 04D-17 AUTHORIZING AN AMENDMENT TO THE 2002 AGREEMENT WITH THE STATE AUDITOR. -- PASSED UNANIMOUSLY

04-0156R - RESOLUTION APPROVING DEDA RESOLUTION 04D-18 AUTHORIZING AN AGREEMENT WITH LOUIS G. CAMPBELL, THE CITY OF DULUTH, THE LAKE SUPERIOR CENTER AUTHORITY AND THE DULUTH SISTER CITY COMMISSION, INC., FOR FOURTH FEST. -- PASSED UNANIMOUSLY

04-0157R - RESOLUTION APPROVING DEDA RESOLUTION 04D-24 AUTHORIZING THE SIXTH AMENDMENT TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 17, TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 22 FIRST STREET MEDICAL FACILITIES AND AMENDMENT TO TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT DISTRICT NOS. 2 AND 4. -- PASSED UNANIMOUSLY

04-0158R - RESOLUTION APPROVING DEDA RESOLUTION 04D-21 APPROVING MEMBERS TO THE ADVISORY BOARD FOR DEVELOPMENT DISTRICT NO. 22 (FIRST STREET MEDICAL FACILITIES DISTRICT). -- PASSED UNANIMOUSLY

04-0159R - RESOLUTION APPROVING DEDA RESOLUTION 04D-22 AUTHORIZING ACQUISITION OF CERTAIN PROPERTY FROM THE STATE OF MINNESOTA THROUGH ST. LOUIS COUNTY. -- PASSED UNANIMOUSLY

04-0160R - RESOLUTION APPROVING DEDA RESOLUTION 04D-23 APPROVING PAYMENT OF RELOCATION COSTS TO NORTHERN ACCESS TRANSPORTATION FOR THE SMDC PROJECT. -- PASSED UNANIMOUSLY

04-0161R - RESOLUTION APPROVING DEDA RESOLUTION 04D-15 AUTHORIZING THE PURCHASE OF CERTAIN TAX-FORFEIT PROPERTY FROM THE STATE OF MINNESOTA THROUGH ST. LOUIS COUNTY. -- PASSED UNANIMOUSLY

04-0162R - RESOLUTION APPROVING DEDA RESOLUTION 04D-20 AUTHORIZING AN AGREEMENT WITH WOMEN'S TRANSITIONAL HOUSING COALITION, INC., TO FUND THE ACQUISITION OF A TRIPLEX LOCATED AT 18 WEST FIFTH STREET IN DULUTH. -- PASSED UNANIMOUSLY

04-0163R - RESOLUTION APPROVING DEDA RESOLUTION 04D-26 COMMITTING TO PROVIDE LOCAL MATCH TO CITY FOR $1 MILLION GREATER MINNESOTA BUSINESS DEVELOPMENT PUBLIC INFRASTRUCTURE GRANT FOR SMDC PROJECT. -- PASSED UNANIMOUSLY

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0146R - RESOLUTION APPROVING THE FINAL LAYOUT AND PROJECT REPORT FOR THE RECONSTRUCTION OF A PART OF TRUNK HIGHWAY NUMBER 53 (TRINITY ROAD) WITHIN THE CORPORATE LIMITS OF THE CITY OF DULUTH FROM 0.25 MILES NORTH OF SKYLINE PARKWAY TO TRUNK HIGHWAY 194 (MILLER TRUNK HIGHWAY). -- PASSED UNANIMOUSLY

04-0151R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SPAD TO PURCHASE CERTAIN PROPERTY ADJACENT TO THE NEW GARFIELD AVENUE SERVICE CENTER IN AN AMOUNT NOT TO EXCEED $30,000. -- PASSED UNANIMOUSLY

(PUBLIC SAFETY)

04-0165R - RESOLUTION ACCEPTING GIFT FROM MICROSOFT CORPORATION AND EXPRESSING CITY'S GRATITUDE THEREFORE. -- PASSED UNANIMOUSLY

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCES TABLED

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. (TABLED 2/2 FOR PUBLIC HEARING) -- REMAINED ON TABLE (requires full Council attendance for vote)

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. (TABLED 2/2 FOR PUBLIC HEARING) -- REMAINED ON TABLE (requires full Council attendance for vote)

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. (REPLACEMENT) (TABLED 11/24/2003) -- FAILED 3-5-1 (Gilbert, Stauber, Stover)

The following entitled ordinances are to be read for the first time:

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-010-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO.38 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-3, APARTMENT RESIDENTIAL, TO C-2, HIGHWAY COMMERCIAL, PROPERTY LOCATED AT THE NORTHWEST CORNER OF 13TH AVENUE EAST AND EAST FOURTH STREET (CROTTY). -- 1st READING

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-011-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF UTILITY EASEMENTS FOR HIGH VOLTAGE ELECTRICAL TRANSMISSION LINES TO MINNESOTA POWER AND LIGHT COMPANY NEAR GARY-NEW DULUTH. -- 1st READING

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-008-O - AN ORDINANCE AMENDING ARTICLE I, SECTION 21-1 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADOPTING THE 2003 MINNESOTA STATE FIRE CODE. -- 1st READING

04-009-O - AN ORDINANCE AMENDING ARTICLE I, SECTIONS 10-1 AND 10-2 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADOPTING THE 2003 MINNESOTA STATE BUILDING CODE. -- 1st READING

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

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-007-O - AN ORDINANCE AUTHORIZING THE RECONVEYANCE OF CERTAIN PROPERTIES TO THE STATE OF MINNESOTA. -- AMENDED AND PASSED UNANIMOUSLY

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