ACTIONS
DULUTH CITY COUNCIL MEETING
Monday, June 14, 2004

ROLL CALL -- ALL PRESENT
APPROVAL OF MINUTES - April 12 and 19, 2004. -- APPROVED

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RESOLUTIONS TABLED

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0339R - RESOLUTION OF THE CITY OF DULUTH TO AMEND ITS BUSINESS SUBSIDY RESOLUTION, RESOLUTION NO. 00-0333(a) ADOPTED MAY 22, 2000, AS AMENDED, TO ADD CRITERIA AND BUSINESS SUBSIDY REQUIREMENTS RELATED TO JOB OPPORTUNITY BUILDING ZONES. -- AMENDED & PASSED 7-2 (Johnson, Stewart)

COMMITTEE 3

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0263R - RESOLUTION RECOMMENDING VARIOUS ACTIONS TO IMPROVE RENTAL HOUSING USE IN THE CITY. -- AMENDED & PASSED 8-1 (Little)

04-0265R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO PROVIDE FOR A CITIZEN ADVISORY BODY. (REPLACEMENT 2) (TABLED 4/12) -- REMAINED ON TABLE

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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)

04-0373R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE PERMANENT DESIGN STREET TO 19TH AVENUE EAST FROM EIGHTH STREET TO COLLEGE STREET. -- PASSED

COMMITTEE 1

BY COUNCILOR STEWART

(PURCHASING & LICENSING

04-0390R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE LICENSED PREMISES OF THE ON SALE INTOXICATING LIQUOR LICENSE OF PIZZA LUCE III, INC. (PIZZA LUCE), 11 EAST SUPERIOR STREET. -- PASSED

04-0391R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF LEMON'S REEF, INC. (REEF BAR), 2002 LONDON ROAD. -- PASSED

04-0392R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND 2:00 A.M. BEVERAGE LICENSE FROM STADIUM LANES, INC. (STADIUM LANES), 132 NORTH 34TH AVENUE WEST TO STADIUM CLUB, INC, (STADIUM LANES/CLUBHOUSE SPORTS BAR), SAME ADDRESS. -- PASSED

04-0393R - RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE TO TORKE CORP. (INTERMIZZO CAFÉ), 37 EAST SUPERIOR STREET. -- PASSED

04-0394R - RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF LOISELLE'S, INC. (LOISELLE LIQUOR STORE), 413 EAST FOURTH STREET. -- PASSED

04-0395R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE OF YWCA OF DULUTH. -- PASSED

04-0397R - RESOLUTION APPROVING THE LATE HOUR ENTERTAINMENT LICENSE OF THE ON SALE 3.2 PERCENT MALT LIQUOR LICENSE OF MICHAEL MAXIM, JR/SR. (SHARKS), 327 WEST SUPERIOR STREET. -- PASSED

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0383R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF PARALEGAL. -- PASSED

04-0386R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF OPERATIONS MANAGER FOR WATER AND GAS SUPPLY INCLUDING A TITLE CHANGE TO OPERATIONS MANAGER FOR GAS AND WATER SUPPLY. -- PASSED

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0374R - RESOLUTION VACATING THE WESTERLY 17 FEET OF 59TH AVENUE WEST ADJOINING PROPERTY LOCATED AT 1325 NORTH 59TH AVENUE WEST (BENSON/TRUE RIDE 04016). -- PASSED

04-0375R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH SJA ARCHITECTS FOR PROVIDING CERTAIN ARCHITECTURAL AND ENGINEERING SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE SMDC PARKING STRUCTURE AND RELATED SKYWALKS IN AN AMOUNT OF $671,311. -- PASSED

04-0376R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH SALO ENGINEERING FOR PROVIDING CERTAIN TOPOGRAPHICAL AND BOUNDARY SURVEY SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE SMDC PARKING STRUCTURE AND RELATED SKYWALKS IN AN AMOUNT NOT TO EXCEED $3,310. -- PASSED

04-0377R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH AMERICAN ENGINEERING TESTING, INC. (AET), FOR PROVIDING CERTAIN GEOTECHNICAL EXPLORATION SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE SMDC PARKING STRUCTURE AND RELATED SKYWALKS IN AN AMOUNT NOT TO EXCEED $5,695.40. -- PASSED

04-0378R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH NORTHLAND CONSULTING ENGINEERS, L.L.P., FOR PROVIDING CERTAIN PROFESSIONAL SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE CITY HALL EXTERIOR RESTORATION (PHASE I) IN AN AMOUNT OF $15,000. -- PASSED

04-0387R - RESOLUTION VACATING 48TH AVENUE WEST BETWEEN ONEOTA STREET AND THE ALLEY SOUTHEASTERLY EXCEPT FOR UTILITY EASEMENT (KLEIMAN). -- PASSED

04-0388R - RESOLUTION VACATING DEERWOOD STREET ADJOINING LOTS 15-24 AND ADJOINING THE WESTERLY 25 FEET OF LOTS 13 AND 14, D STREET, MAPLE GROVE DIVISION (OGSTON). -- PASSED

04-0389R - RESOLUTION VACATING STREETS, ALLEYS AND UTILITY EASEMENTS IN DULUTH HEIGHTS, SIXTH DIVISION FOR REPLATTING OF LAND INTO ANDREWS DIVISION, FIRST ADDITION (BILLMAN CONSTRUCTION, INC., AND DEDA). -- PASSED

04-0403R - RESOLUTION AWARDING CONTRACT TO DULUTH SUPERIOR ERECTION, INC., FOR HARRISON RECREATION CENTER SITE IMPROVEMENT, IN THE AMOUNT OF $126,000. -- PASSED

04-0405R - RESOLUTION AUTHORIZING INCREASE OF $2,000 AND A $19,000 TRANSFER OF FUNDS IN THE 2004 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. -- PASSED

04-0406R - RESOLUTION AUTHORIZING AN INCREASE OF $8,320 IN THE 2004 HUD HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM. -- PASSED

04-0407R - RESOLUTION AUTHORIZING A GRANT FROM THE NATURE CONSERVANCY IN THE AMOUNT OF $23,000 AND AUTHORIZING AN AGREEMENT WITH THE UNITED STATES GEOLOGICAL SURVEY TO PROVIDE SERVICES RELATED TO YEAR 2 OF THE STREAM ASSESSMENT IN THE AMOUNT OF $23,000. -- PASSED

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-0381R - RESOLUTION AUTHORIZING THE CITY'S FINANCE DIRECTOR TO ACT AS PHYSICAL AGENT FOR GRANTS TO THE DULUTH WORKFORCE COUNCIL, INC. (WORKFORCE). -- PASSED

COMMITTEE 2

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0396R - RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH THE CLAYTON, JACKSON, MCGHIE MEMORIAL, INC., AND PEOPLE'S INSTITUTE NORTH LEASING 750 SQUARE FEET OF OFFICE SPACE IN WASHINGTON CENTER FOR $500 PER MONTH. -- PASSED

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0379R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF AUTO OWNERS INSURANCE COMPANY, AS SUBROGEE OF BUENA VISTA MOTEL, IN THE AMOUNT OF $29,089.95. -- PASSED

04-0380R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF STATE FARM INSURANCE, AS SUBROGEE OF ADAM AND DAVID TEMPLIN, IN THE AMOUNT OF $10,649.39. -- PASSED

04-0382R - RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY 2,200 FEET OF SANITARY SEWER IN TRINITY ROAD BEGINNING 280 FEET EAST OF KEYSTONE BLUFFS ASSISTED LIVING RESIDENCE AND EXTENDING NORTHWESTERLY (CITY JOB NO. 0419SN) AT AN ESTIMATED COST OF $202,402.20. -- PASSED

04-0398R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR REHABILITATION OF BRIDGE NUMBER L6123 OVER CHESTER CREEK, IN THE AMOUNT OF $101,935. -- PASSED

04-0399R - RESOLUTION AWARDING CONTRACT TO DULUTH SUPERIOR ERECTION, INC., FOR CITYWIDE STREET PATCH AND SIDEWALK REPAIRS PROGRAM, IN THE AMOUNT OF $372,800. -- PASSED

04-0400R - RESOLUTION AWARDING CONTRACT TO DULUTH SUPERIOR ERECTION, INC., FOR CONSTRUCTION OF 102ND AVENUE WEST ALLEY, IN THE AMOUNT OF $28,418.25. -- PASSED

04-0401R - RESOLUTION AWARDING CONTRACT TO MUELLER PIPELINERS, INC., FOR CONSTRUCTION OF TEN INCH GAS MAIN IN TRINITY ROAD, IN THE AMOUNT OF $263,729. -- PASSED

04-0402R - RESOLUTION AWARDING CONTRACT TO LETOURNEAU AND SONS, INC., FOR CONSTRUCTION OF LAKE AVENUE, IN THE AMOUNT OF $1,454,428.55. -- PASSED

04-0411R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH BARR ENGINEERING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE CITY'S WATER SYSTEM EMERGENCY RESPONSE PLAN, ESTIMATED AT $20,000. -- PASSED

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0404R - RESOLUTION AUTHORIZING AND RATIFYING A CONTRACT WITH ST. LOUIS COUNTY FOR USE OF TAX-FORFEIT LAND BY THE POLICE DEPARTMENT. -- PASSED

04-0408R - RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AND ACCEPT A TERRORISM PREVENTION PROGRAM GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, HOMELAND SECURITY EMERGENCY MANAGEMENT DIVISION FOR TERRORISM PREVENTION, DETECTION AND MITIGATION IN THE AMOUNT OF $750,000. -- PASSED

04-0409R - RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AND ACCEPT A TERRORISM PREVENTION PROGRAM GRANT FOR AN INTEROPERABLE RADIO COMMUNICATIONS SYSTEM FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, HOMELAND SECURITY EMERGENCY MANAGEMENT DIVISION IN THE AMOUNT OF $305,485. -- PASSED

04-0410R - RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AND ACCEPT A TERRORISM PREVENTION PROGRAM GRANT FOR EXERCISE AND TRAINING FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, HOMELAND SECURITY EMERGENCY MANAGEMENT DIVISION IN THE AMOUNT OF $100,170. -- PASSED

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0364R - RESOLUTION AUTHORIZING A GOLF COURSE SCOREBOARD AND TEE MARKERS VENDOR AND LICENSE AGREEMENT WITH NORTHWOODS SCOREBOARDS, INC., RELATING TO THE LESTER PARK AND ENGER PARK GOLF COURSES. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-0412R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND LOCAL 66 OF A.F.S.C.M.E FOR YEAR 2003. -- PASSED 8-0-1 (Johnson abstained)

04-0413R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND LOCAL 66 OF A.F.S.C.M.E. FOR YEARS 2004-2006. -- PASSED 8-0-1 (Johnson abstained)

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0415R - RESOLUTION APPROVING THE USE OF EMINENT DOMAIN IN REDEVELOPMENT PROJECT NO. 1 AS PROPOSED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA, REGARDING ITS HAWK RIDGE ESTATES PROJECT. -- PASSED 5-4 (Atkins, Little, Reinert, Stauber)

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCES TABLED

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 4/26 FOR 6/7 COMMITTEE MEETING) -- WITHDRAWN FROM AGENDA

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 4/26 FOR 6/7 COMMITTEE MEETING) -- RETURNED TO ADMINISTRATION

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-021-O - AN ORDINANCE RELATING TO BUILDING SAFETY, AMENDING CHAPTER 10 OF THE DULUTH CITY CODE BY ADDING AN ARTICLE X, CONVENIENCE STORES SECURITY SYSTEMS. (TABLED 5/24 FOR 6/7 COMMITTEE MEETING) -- RETURNED TO ADMINISTRATION

The following entitled ordinances were read for the first time:

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-034-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 8 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM M-1, MANUFACTURING, TO R-1-B, ONE-FAMILY RESIDENTIAL, 20.18 ACRES OF PROPERTY LYING NORTH OF ARBOR AVENUE, EAST OF GRAND AVENUE AND 93RD AVENUE WEST, SOUTH OF HULETT AVENUE AND WEST OF THE ST. LOUIS RIVER (FREEDOM DEVELOPMENT AND CONSULTING). -- 1ST READING

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-033-O - AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN PROPERTY IN THE EAST HILLSIDE AREA TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH. -- 1ST READING

The following entitled ordinances were read for the second time:

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-031-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION AIRPARK IMPROVEMENT BONDS OF THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $1,000,000 UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTIONS OF THE CITY COUNCIL AND LEVYING TAXES FOR THE PAYMENT THEREOF. -- PASSED UNANIMOUSLY

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-030-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 19 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE FAMILY RESIDENTIAL, TO C-2, HIGHWAY COMMERCIAL DISTRICT, PROPERTY LOCATED AT 2901 MORRIS THOMAS ROAD (BECHTHOLD). -- PASSED 8-0-1 (Stauber abstained)

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-029-O - AN ORDINANCE AUTHORIZING A LONG TERM LEASE OF A HISTORIC PROPERTY TO THE FOND DU LAC BAND OF CHIPPEWA. (REPLACEMENT) -- PASSED UNANIMOUSLY

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-032-O - AN ORDINANCE PERTAINING TO CABLE TELEVISION FRANCHISE. -- PASSED UNANIMOUSLY

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