ACTIONS
DULUTH CITY COUNCIL MEETING
Monday, March 8, 2004

 
ROLL CALL -- ABSENT: Atkins, Gilbert
APPROVAL OF MINUTES - January 5 and 12, 2004. -- 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 FOR 3/15 MEETING) -- 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 FOR 3/15 MEETING) -- REMAINED ON TABLE

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 2/23 FOR 3/15 MEETING) -- REMAINED ON TABLE

04-0117R - RESOLUTION OF INTENT TO APPROVE MANAGEMENT AGREEMENT WITH RIPLEY'S ENTERTAINMENT CORPORATION FOR OPERATION OF THE LAKE SUPERIOR AQUARIUM. (TABLED 2/23 FOR 3/15 MEETING) -- REMAINED ON TABLE

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 2/23) -- PASSED UNANIMOUSLY

04-0147R - RESOLUTION AUTHORIZING ACCEPTANCE OF LAND DONATION IN DULUTH HEIGHTS FROM ROBERT F. AND JEANNE B. DECHANTAL. (TABLED 2/23) -- 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)

04-0164R - RESOLUTION AUTHORIZING A CONSULTING AGREEMENT WITH FOSTER JACOBS JOHNSON, INC., FOR PROVIDING CERTAIN ENGINEERING SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE PETERSON ARENA DEHUMIDIFICATION SYSTEM IN AN AMOUNT NOT TO EXCEED $7,400. -- PASSED

04-0166R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF MISCELLANEOUS BUILDING DEMOLITIONS, CONSTRUCTION OF SANITARY SEWER IN WAVERLY AVENUE AND VARIOUS STREET IMPROVEMENT PROJECTS FOR 2003. -- PASSED

04-0176R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH MELANDER, MELANDER, AND SCHILLING/ARCHITECTS FOR PROVIDING CERTAIN DESIGN SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE DOWNTOWN STREETSCAPE REVITALIZATION/PHASE II IN AN AMOUNT NOT TO EXCEED $7,800. -- PASSED

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0150R - RESOLUTION CONFIRMING THE APPOINTMENTS OF NANCY NELSON AND CAROL J. (CJ) BIRD TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY, REPLACING JOHN AROTTA AND CHARLES ANDRESEN. -- PASSED

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0152R - RESOLUTION TRANSFERRING FUNDS WITHIN THE 2002 AND 2003 HUD COMMUNITY DEVELOMENT BLOCK GRANT (CDBG) PROGRAMS. -- PASSED

04-0170R - RESOLUTION AWARDING CONTRACT TO MAX GRAY CONSTRUCTION, INC., FOR EXPANSION OF GRANT RECREATION CENTER IN THE AMOUNT OF $372,600. -- PASSED

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0171R - RESOLUTION AWARDING CONTRACT TO STACK BROTHERS MECHANICAL CONTRACTORS, INC., FOR INSTALLING COOLING TOWER AND CHILLER IN THE AMOUNT OF $676,000. -- PASSED

04-0172R - RESOLUTION AWARDING CONTRACT TO A.B.M. EQUIPMENT AND SUPPLY, INC., FOR UTILITY BODY WITH CANOPY IN THE AMOUNT OF $64,304.70. -- PASSED

04-0173R - RESOLUTION AMENDING RESOLUTION 04-0149 AWARDING CONTRACT TO MORTON SALT DIVISION C/O HALLETT DOCK COMPANY FOR ROAD SALT, TO INCREASE THE AMOUNT BY $102,600 FOR A NEW TOTAL OF $393,591.44. -- PASSED

04-0174R - RESOLUTION AWARDING CONTRACT TO NELS NELSON AND SONS, INC., FOR CONSTRUCTION OF SANITARY SEWER AND WATERMAIN IN ROSYLN AVENUE IN THE AMOUNT OF $109,899.59. -- PASSED

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0167R - RESOLUTION ACCEPTING UP TO $35,716 UNDER THE BUREAU OF JUSTICE ASSISTANCE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM FOR EXPENDITURES RELATED TO LAW ENFORCEMENT EQUIPMENT AND TECHNOLOGY FOR THE PERIOD DECEMBER 30, 2003, TO DECEMBER 29, 2005. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

COMMITTEE 1

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0177R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE FOR DULUTH ART INSTITUTE AND ST. JAMES CATHOLIC SCHOOL. -- PASSED UNANIMOUSLY

04-0180R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE INTOXICATING LIQUOR LICENSES AND ON SALE SUNDAY LICENSES TO JUST TAKE ACTION, INC. (FITGER'S BREWHOUSE), 600 EAST SUPERIOR STREET, SIR BENEDICTS, INC. (SIR BENEDICT'S TAVERN), 805 EAST SUPERIOR STREET, AND LEGACY RESTAURANT, INC. (DULUTH ATHLETIC CLUB BAR AND GRILL), 351 CANAL PARK DRIVE. -- PASSED 6-1-2 (Stover)

04-0181R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF GRANDMA'S, INC. (GRANDMA'S SALOON & GRILL), 522 LAKE AVENUE SOUTH. -- PASSED UNANIMOUSLY

04-0182R - RESOLUTION APPROVING THE ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO MARSHALL SCHOOL, 1215 RICE LAKE ROAD. -- PASSED UNANIMOUSLY

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0127R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY THE APPEAL OF THE DECISION OF THE BUILDING INSPECTOR WHICH DENIED THE CERTIFICATE OF OCCUPANCY FOR THE USE OF PROPERTY LOCATED AT 24 EAST WILLOW STREET FOR PRIVATE COMMERCIAL PURPOSES (JOHN K. BAKER, PAUL T. LARSON AND JAMES V. ERLEMEIER, BY HANFT FRIDE, PA). -- TABLED

04-0128R - RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY THE APPEAL OF THE DECISION OF THE BUILDING INSPECTOR WHICH DENIED THE CERTIFICATE OF OCCUPANCY FOR THE USE OF PROPERTY LOCATED AT 24 EAST WILLOW STREET FOR PRIVATE COMMERCIAL PURPOSES (JOHN K. BAKER, PAUL T. LARSON AND JAMES V. ERLEMEIER, BY HANFT FRIDE, PA). -- TABLED

04-0143R - RESOLUTION AUTHORIZING LAND USE AGREEMENT WITH SAND POINT YACHT CLUB, INC., FOR THE SEASONAL USE OF AN AREA OF THE SAND POINT EASEMENT TO PROVIDE WINTER BOAT STORAGE. -- AMENDED & PASSED UNANIMOUSLY

 

04-0169R - RESOLUTION APPROVING AMENDMENTS TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 17 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 22 IN DEVELOPMENT DISTRICT NO. 17 AS PROPOSED BY THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. -- TABLED FOR 3/15 PUBLIC HEARING

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-0183R - RESOLUTION AUTHORIZING A HOSTING AGREEMENT WITH ST. LOUIS COUNTY FOR USE OF THE DAMION INFORMATION MANAGEMENT SYSTEM IN THE AMOUNT OF $19,488. -- PASSED UNANIMOUSLY

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0178R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SWL&P TO ACQUIRE AN EASEMENT FOR CATHODIC PROTECTION FACILITIES FOR CITY GAS PIPELINE CONNECTION FOR $1,266. -- PASSED UNANIMOUSLY

BY COUNCILORS REINERT AND NESS

04-0175R - RESOLUTION TO OPPOSE TAX AND EXPENDITURE LIMITATION PROPOSALS (TaBOR AND SIMILAR PROPOSALS). -- PASSED 5-2-2 (Little, Stauber)

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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 FULL COUNCIL) -- REMAINED ON TABLE

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 FULL COUNCIL) -- REMAINED ON TABLE

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

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. (REPLACEMENT) -- PASSED UNANIMOUSLY

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. -- PASSED UNANIMOUSLY

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. -- PASSED UNANIMOUSLY

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