ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, March 22, 2004
 

ROLL CALL -- ALL PRESENT
APPROVAL OF MINUTES - January 26, February 2 and 19, 2004. -- APPROVED

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RESOLUTIONS TABLED

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 3/8) -- PASSED 7-2 (Atkins, Reinert)

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 3/8) -- FAILED 2-7 (Atkins, Reinert)

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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)

04-0190R - RESOLUTION AUTHORIZING THE CITY TO BE A SPONSOR OF THE 2004 NORTH SHORE INLINE MARATHON AT A COST TO THE CITY OF $15,000. -- PASSED

04-0191R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF FULL DEVELOPMENT OF MARYLAND STREET FROM DODGE TO VICTORIA. -- PASSED

04-0211R - RESOLUTION ESTABLISHING ASSESSMENT INTEREST RATES FOR 2004. -- PASSED

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0194R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO SECOND HARVEST NORTHERN LAKES FOOD BANK. -- PASSED

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0184R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF EDWIN HALLER, SUSAN STENERSON AND JAMES F. YEAGER TO THE SISTER CITY COMMISSION. -- PASSED

COMMITTEE 2

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-0206R - RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH MULTIPLE PARTIES TO ESTABLISH AN INTERAGENCY STORMWATER POLLUTION PREVENTION INITIATIVE. -- PASSED

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0185R - RESOLUTION OF INTENT TO CONSTRUCT 300 FEET OF SANITARY SEWER IN HIGHLAND STREET ALLEY BEGINNING 180 FEET WEST OF THE INTERSECTION OF 59TH AVENUE WEST AND EXTENDING WESTERLY (CITY JOB NO. 0375SN). -- PASSED

04-0192R - RESOLUTION ORDERING THE IMPROVEMENT KNOWN AS THE 2005 STREET IMPROVEMENT PROGRAM PURSUANT TO SECTION 61(b) OF THE HOME RULE CHARTER OF THE CITY OF DULUTH AT AN ESTIMATED COST OF $4,608,620. -- PASSED

04-0195R - RESOLUTION AUTHORIZING PAYMENT OF $20,761.44 TO AUTO-OWNERS INSURANCE, AS SUBROGEE OF WENDY AND EUGENE LEWIS, IN FULL SETTLEMENT OF ALL CLAIMS ARISING FROM AN ACCIDENT ON SEPTEMBER 5, 2003. -- PASSED

04-0203R - RESOLUTION AWARDING CONTRACT TO LEVINE AND SON, INC., FOR CONSTRUCTION OF SANITARY SEWER IN DECKER ROAD AND ANDERSON ROAD AND CONSTRUCTION OF WATERMAIN IN ANDERSON ROAD IN THE AMOUNT OF $531,690.50. -- PASSED

04-0204R - RESOLUTION AMENDING RESOLUTION 03-0650 AWARDING CONTRACT TO LETOURNEAU & SONS, INC., FOR WASTEWATER COLLECTION SYSTEM AND STREET IMPROVEMENTS IN MORGAN PARK-PHASE I, TO INCREASE THE AMOUNT BY $395,445.05 FOR A NEW TOTAL OF $1,482,699.10. -- PASSED

04-0205R - RESOLUTION AWARDING CONTRACT TO NORTHWEST OUTLET FOR UTILITY AND MAINTENANCE OPERATION UNIFORMS AS NEEDED DURING THE YEAR 2004 AT AN ESTIMATED AMOUNT OF $33,600. -- PASSED

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0193R - RESOLUTION TO ESTABLISH ONE-STALL HANDICAPPED PARKING ZONES AT VARIOUS LOCATIONS. -- PASSED

04-0212R - RESOLUTION AUTHORIZING AN AGREEMENT WITH DODADAY PURSUANT TO WHICH DODADAY AGREES TO DONATE TO DULUTH A LICENSE FOR THE FRAUD TRACKS SOFTWARE PROGRAM. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0197R - RESOLUTION APPROVING DEDA RESOLUTION 04D-33 AUTHORIZING CONVEYANCE OF CERTAIN TAX-FORFEITED PROPERTIES TO NORTHERN COMMUNITIES LAND TRUST. -- PASSED UNANIMOUSLY

04-0198R - RESOLUTION APPROVING DEDA RESOLUTION 04D-31 AUTHORIZING A LICENSE AGREEMENT WITH GRANDMA'S MARATHON, INC. -- PASSED UNANIMOUSLY

04-0199R - RESOLUTION APPROVING DEDA RESOLUTION 04D-32 AUTHORIZING ACQUISITION OF CERTAIN PROPERTY FROM THE STATE OF MINNESOTA THROUGH ST. LOUIS COUNTY. -- PASSED UNANIMOUSLY

04-0200R - RESOLUTION APPROVING DEDA RESOLUTION 04D-29 AUTHORIZING AN AGREEMENT WITH ONEIDA REALTY FOR PARKING LOT MANAGEMENT SERVICES. -- PASSED UNANIMOUSLY

04-0201R - RESOLUTION APPROVING DEDA RESOLUTION 04D-30 AUTHORIZING AN AGREEMENT WITH THE GREATER DOWNTOWN COUNCIL FOR PROGRAM AND ADMINISTRATIVE SERVICES IN THE DOWNTOWN AND WATERFRONT DISTRICTS. -- PASSED UNANIMOUSLY

04-0208R - RESOLUTION APPROVING DEDA RESOLUTION 04D-36 REMOVING CERTAIN PROPERTIES FROM TIF DISTRICT NOS. 2 AND 4. -- PASSED UNANIMOUSLY

04-0209R - RESOLUTION APPROVING DEDA RESOLUTION 04D-37 APPROVING TERMINATION AGREEMENT WITH SATURN SYSTEMS, INC. -- PASSED 5-3-1 (Gilbert, Johnson, Little; Stewart abstained)

04-0210R - RESOLUTION APPROVING DEDA RESOLUTION 04D-38 APPROVING AN AGREEMENT WITH NORTHSPAN GROUP, INC., FOR PROFESSIONAL SERVICES RELATED TO THE EDA APPLICATION FOR THE FIRST STREET MEDICAL DISTRICT PROJECT. -- PASSED 8-1 (Gilbert)

04-0214R - RESOLUTION APPROVING DEDA RESOLUTION 04D-39 AUTHORIZING AN AMENDMENT WITH GARFIELD BUSINESS PARK, LLC. -- PASSED UNANIMOUSLY

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0202R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA), TO INCREASE THE NUMBER OF COMMISSIONERS TO NINE, TO REQUIRE THAT ALL OF THE COMMISSIONERS ON DEDA BE CITY COUNCILORS, TO STRIKE THE REQUIREMENT THAT CERTAIN DEDA ACTIONS MUST BE APPROVED BY THE CITY COUNCIL AND TO STRIKE THE REQUIREMENT THAT EXPENDITURES BY DEDA IN EXCESS OF $25,000 MUST BE APPROVED BY THE CITY COUNCIL. (REPLACEMENT) -- PASSED 5-4 (Atkins, Gilbert, Little, Stauber)

04-0215R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO PROVIDE FOR THE APPOINTMENT OF DEDA'S EXECUTIVE DIRECTOR BY THE MAYOR SUBJECT TO CITY COUNCIL APPROVAL. -- PASSED UNANIMOUSLY

COMMITTEE 3

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0213R - RESOLUTION IN SUPPORT OF REAUTHORIZATION OF FEDERAL TRANSPORTATION POLICY. -- PASSED UNANIMOUSLY

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

The following entitled ordinances were read for the first time:

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-012-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 28, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, SINGLE FAMILY RESIDENTIAL, TO C-4, BUSINESS CENTER COMMERCIAL DISTRICT, PROPERTY LOCATED AT 24 WILLOW STREET (ERLEMEIER/BAKER/LARSON). -- 1st READING

04-013-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 17, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM M-1, MANUFACTURING, TO C-2, HIGHWAY COMMERCIAL DISTRICT, PROPERTIES LOCATED ALONG THE LOWER SIDE OF GRAND AVENUE BETWEEN 41ST AND 42ND AVENUES WEST (ESLER, ET AL.). (REPLACEMENT) -- 1st READING

04-015-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF LINCOLN PARK TOOLHOUSE TO DEDA FOR $233,000. -- 1st READING

COMMITTEE 3

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-014-O - AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 43-33.3 CONCERNING PROPERTIES NOT HAVING A CERTIFICATE OF NONCONTRIBUTION. -- 1st READING

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