ACTIONS
DULUTH CITY COUNCIL MEETING
Monday, April 26, 2004

ROLL CALL -- ALL PRESENT

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RESOLUTIONS TABLED

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0236R - CITY OF DULUTH JOBZ SUB-ZONE RESOLUTION OF APPROVAL TO AUTHORIZE TAX EXEMPTIONS. (TABLED 4/12 FOR 5/3 COMMITTEE MEETING) -- REMAINED ON THE TABLE

04-0244R - RESOLUTION AMENDING THE CITIZEN PARTICIPATION PLAN FOR THE HUD-FUNDED COMMUNITY DEVELOPMENT PROGRAM TO MODIFY THE COMMUNITY DEVELOPMENT COMMITTEE'S COMPOSITION AND INCORPORATE THE CONTINUUM OF CARE PROCESS. (REPLACEMENT) (TABLED 4/12) -- PASSED UNANIMOUSLY

COMMITTEE 3

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0263R - RESOLUTION RECOMMENDING VARIOUS ACTIONS TO IMPROVE RENTAL HOUSING USE IN THE CITY. (REPLACEMENT) (TABLED 4/12 FOR 6/7 COMMITTEE MEETING; RETABLED 4/26) -- REMAINED ON THE TABLE

04-0265R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO PROVIDE FOR A CITIZEN ADVISORY BODY. (REPLACEMENT) (TABLED 4/12) -- REMAINED ON THE TABLE

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MOTIONS AND RESOLUTIONS

The following entitled resolution was read for the second time:

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-0288R - RESOLUTION AMENDING STANDING RULE 7 OF STANDING RULES OF THE DULUTH CITY COUNCIL. -- PASSED 7-2 (Gilbert, Stover)

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CONSENT AGENDA

All matters listed under the consent agenda were enacted by one unanimous motion.

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-0291R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND THE CITY OF DULUTH SUPERVISORY ASSOCIATION FOR YEAR 2003. -- PASSED

04-0292R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND THE CITY OF DULUTH SUPERVISORY ASSOCIATION FOR YEARS 2004-2006. -- PASSED

04-0293R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND THE DULUTH POLICE LOCAL FOR YEAR 2003. -- PASSED

04-0294R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND THE DULUTH POLICE LOCAL FOR YEARS 2004-2006. -- PASSED

04-0295R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND LOCAL 101 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS FOR YEAR 2003. -- PASSED

04-0296R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND LOCAL 101 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS FOR YEARS 2004-2006. -- PASSED

BY COUNCILOR STEWART

(PURCHASING & ADMINISTRATION)

04-0256R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2004, AND ENDING APRIL 30, 2005. -- PASSED

04-0257R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2004, AND ENDING APRIL 30, 2005. -- PASSED

04-0258R - RESOLUTION RECOMMENDING APPROVAL OF BOTTLE CLUB LICENSE RENEWAL OF THE ORDER OF THE OWLS, DULUTH NEST #1200, FOR THE PERIOD BEGINNING APRIL 1, 2004, AND ENDING MARCH 31, 2005. -- PASSED

04-0267R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN CANAL PARK ON JUNE 18-20, 2004, IN CONJUNCTION WITH GRANDMA'S MARATHON AND SUBJECT TO CERTAIN CONDITIONS. -- PASSED

04-0273R - RESOLUTION AWARDING CONTRACT TO ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE (ESRI) FOR G.I.S. SOFTWARE AND LICENSE IN THE AMOUNT OF $10,497.26. -- PASSED

04-0274R - RESOLUTION AWARDING CONTRACT TO ASPEN EQUIPMENT COMPANY, FOR A CROSS COUNTRY TRAIL GROOMER, IN THE AMOUNT OF $159,360. -- PASSED

04-0301R - RESOLUTION APPROVING THE ISSUANCE OF 2:00 AM CLOSING LICENSE RENEWALS FOR 3.2 PERCENT MALT LIQUOR LICENSES FOR THE PERIOD BEGINNING MAY 1, 2004, AND ENDING APRIL 30, 2005. -- PASSED

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0283R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF LIBRARY TECHNICIAN. -- PASSED

04-0284R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF SENIOR LIBRARY TECHNICIAN. -- PASSED

04-0297R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF LYNN NELL BEGAY, MICHELLE M. GORDON, ANTHONY F. LADEAUX AND WARNER B. WIRTA TO THE AMERICAN INDIAN COMMISSION. -- PASSED

04-0298R - RESOLUTION CONFIRMING THE APPOINTMENT OF STEVE O'NEIL TO THE DULUTH HOUSING COMMISSION, REPLACING PAM JOHNSON. -- PASSED

04-0299R - RESOLUTION CONFIRMING THE APPOINTMENTS OF PAT CASTELLANO AND MARCIA OPIEN TO THE ANIMAL HUMANE BOARD, REPLACING CHERIE FRANZEN AND GERALD ABELSEN. -- PASSED

04-0300R - RESOLUTION CONFIRMING THE APPOINTMENTS OF ALBERT M. KATZ AND EILEEN ZEITZ HUDELSON TO THE SISTER CITY COMMISSION, REPLACING LEONORE BAEUMLER AND SHIRLEY GRAHAM. -- PASSED

04-0302R - RESOLUTION CONFIRMING THE APPOINTMENTS OF JONATHAN J. LEE, SUE MATUSZAK AND TOMASZ MAJEWSKI TO THE DULUTH PUBLIC ARTS COMMISSION, REPLACING DAVID S. BOE, AMY FEDDEMA AND DANIEL SEPION. -- PASSED

04-0304R - RESOLUTION CONFIRMING THE APPOINTMENTS OF RACHEL SCOTT, JESSICA L. DURBIN AND BILLY T. WIRTA TO THE COMMISSION ON DISABILITIES, REPLACING D.D. DAVIDSON, HOLLIS M. CALDWELL AND SHERRI LOMBARDI. -- PASSED

04-0305R - RESOLUTION CONFIRMING THE APPOINTMENT OF TERRY JOHNSON TO THE ALCOHOL, GAMBLING AND TOBACCO COMMISSION, REPLACING EDWIN S. LEVEY. -- PASSED

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0280R - RESOLUTION VACATING A UTILITY EASEMENT ON PROPERTY LOCATED AT 318 MARSHALL STREET (REMICK/TWOMEY). -- PASSED

04-0281R - RESOLUTION VACATING 131 FEET OF TROMSOE STREET SOUTH OF HUTCHINSON ROAD (BENNETT). -- PASSED

04-0282R - RESOLUTION VACATING PORTIONS OF THE UNIMPROVED RICE AVENUE AND ASH AVENUE RIGHT-OF-WAY, NORTHWEST OF GARFIELD AVENUE (SHERMAN/BN LEASING CORPORATION). -- PASSED

04-0285R - RESOLUTION ACCEPTING THE FREE CONVEYANCE OF PROPERTY FROM THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY RELATING TO THE BOX FACTORY. -- PASSED

04-0286R - RESOLUTION ACCEPTING REIMBURSEMENT BY DEDA TO CITY OF DULUTH FOR DESIGN WORK, CONSTRUCTION, MONITORING AND INSPECTION WORK RELATED TO THE GARY NEW DULUTH INFILL HOUSING AS APPROVED BY DEDA RESOLUTION 04D-44. -- PASSED

04-0287R - RESOLUTION ACCEPTING CONVEYANCE OF EASEMENT FOR ALLEY PURPOSES. -- PASSED

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-0268R - RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE ST. LOUIS AND LAKE COUNTIES REGIONAL RAILROAD AUTHORITY FOR EXCLUSIVE USE OF MUNICIPAL LOT D FOR THE PERIOD JUNE 1, 2004, THROUGH SEPTEMBER 30, 2004, AT NO COST TO AUTHORITY. -- PASSED

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0221R - RESOLUTION IN SUPPORT OF A GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES REMEDIATION FUND GRANT PROGRAM FOR FUNDING FOR THE PURCHASE OF PROPERTY WITHIN GRASSY POINT. -- PASSED

04-0222R - RESOLUTION AUTHORIZING PURCHASE OF CERTAIN TAX FORFEIT PROPERTY FROM THE STATE OF MINNESOTA IN LOWER PIEDMONT HEIGHTS FOR $10,894.65 FOR THE TRINITY ROAD HIGH PRESSURE GAS LINE RELOCATION. -- PASSED

04-0266R - RESOLUTION ACCEPTING TRANSFER OF LIMITED FEE TITLE TO PROPERTY ON THE ST. LOUIS RIVER FROM ST. LOUIS COUNTY. -- PASSED

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0252R - RESOLUTION OF INTENT TO CONSTRUCT 160 FEET OF SANITARY SEWER IN 87TH AVENUE WEST BEGINNING 740 FEET NORTH OF KING STREET AND EXTENDING NORTHERLY (CITY JOB NO. 0405SN). -- PASSED

04-0269R - RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY 260 FEET OF SANITARY SEWER IN HIGHLAND STREET ALLEY BEGINNING 180 FEET WEST OF 59TH AVENUE WEST AND EXTENDING WESTERLY (CITY JOB NO. 0375SN) AT AN ESTIMATED COST OF $51,400. -- PASSED

04-0270R - RESOLUTION ORDERING THE CONSTRUCTION OF 160 FEET OF SANITARY SEWER IN 87TH AVENUE WEST BEGINNING 740 FEET NORTH OF KING STREET AND EXTENDING NORTHERLY (CITY JOB NO. 0405SN) AT AN ESTIMATED COST OF $23,000. -- PASSED

04-0272R - RESOLUTION ADDING WEST TENTH STREET FROM PIEDMONT AVENUE TO 27TH AVENUE WEST; JOSHUA AVENUE FROM TH53 TO MAPLE GROVE ROAD; MAPLE GROVE ROAD FROM JOSHUA AVENUE TO BURNING TREE ROAD; BURNING TREE ROAD NORTH OF TH53 FROM MAPLE GROVE ROAD TO TH53 TO DESIGNATED MSA ROUTES IN THE CITY OF DULUTH. -- PASSED

04-0275R - RESOLUTION AWARDING CONTRACT TO HYDRO METERING TECHNOLOGY FOR WATER METER REPAIR PARTS AS NEEDED DURING YEAR 2004 AT AN ESTIMATED AMOUNT OF $37,300. -- PASSED

04-0276R - RESOLUTION AWARDING CONTRACT TO HINCKLEY CHEVROLET FOR TWO CARGO VANS IN THE AMOUNT OF $39,094.22. -- PASSED

04-0277R - RESOLUTION AWARDING CONTRACT TO NORTHLAND MATERIALS, LLC, DBA NORTHLAND BITUMINOUS, FOR YEAR 2004 FINE MIX PAVING PROGRAM IN THE AMOUNT OF $66,877. -- PASSED

04-0278R - RESOLUTION AWARDING CONTRACT TO HARBOR CITY MASONRY, INC., FOR RECONSTRUCTION OF BRIDGE NO. L8506 OVER AMITY CREEK IN THE AMOUNT OF $768,949. -- PASSED

04-0279R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR CONSTRUCTION OF YEAR 2004 STREET IMPROVEMENT OF LAKESIDE LOWER SOUTHWEST 1 IN THE AMOUNT OF $756,270.30. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

COMMITTEE 1

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0290R - RESOLUTION CONFIRMING THE APPOINTMENT OF THOMAS COTRUVO AS THE EXECUTIVE DIRECTOR OF THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA). -- AMENDED, & PASSED

04-0303R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF JANE MADDY AND TERESA MUNOZ-SIERRA; AND THE APPOINTMENTS OF TAMARA JONES AND KEELY MARRS, REPLACING GARY GORDON AND ROBERT JANSEN, TO THE DULUTH HUMAN RIGHTS COMMISSION. -- PASSED UNANIMOUSLY

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0307R - RESOLUTION AUTHORIZING DISPOSITION OF LAWSUIT. (REPLACEMENT) -- AMENDED & PASSED 5-4 (Atkins, Little, Ness, Stauber)

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

The following entitled ordinances were read for the first time:

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-019-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $2,486,000 GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL WATER UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- 1st READING

04-023-O - AN ORDINANCE TO AMEND THE BUDGET OF THE CITY OF DULUTH FOR THE YEAR 2004 TRANSFERRING THE BUSINESS DEVELOPMENT UNIT FROM THE DEPARTMENT OF PLANNING AND DEVELOPMENT INTO THE LEGISLATIVE AND EXECUTIVE DEPARTMENT. -- 1st READING

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-024-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY IN CENTRAL HILLSIDE TO DONALD M. SAMUELS AND ODIE POWELL FOR $15,000. -- 1st READING

The following entitled ordinances were read for the second time:

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-022-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADDING A NEW SECTION 50-37 TO PROVIDE FOR REGULATORY CONTROLS FOR DESIGNATED AREA DEVELOPMENTS. -- TABLED FOR 6/7 COMMITTEE MEETING

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-020-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADDING A NEW SECTION 50-37 TO PROVIDE FOR THE REGULATORY CONTROLS FOR PLANNED UNIT DEVELOPMENTS. -- TABLED FOR 6/7 COMMITTEE MEETING

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-017-O - AN ORDINANCE AMENDING SECTION 29C-5 AND ADDING NEW ARTICLE II TO CHAPTER 29C OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO HUMAN RIGHTS; ESTABLISHING A HUMAN RIGHTS ORDINANCE WHICH IS HUD COMPLIANT, AS AUTHORIZED BY LAWS OF MINNESOTA, 2000, CHAPTER 402. -- PASSED UNANIMOUSLY

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-018-O - AN ORDINANCE AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY FOR SALE OF TEN COMMANDMENTS MONUMENT AND PROPERTY ON WHICH IT IS LOCATED. -- WITHDRAWN

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