ACTIONS

DULUTH CITY COUNCIL MEETING

Monday, December 20, 2004

 

ROLL CALL -- ABSENT: Gilbert, Johnson


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RESOLUTIONS TABLED


Councilor Johnson took her seat.

 

COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-0785R - RESOLUTION DISTRIBUTING THE ESTIMATED 2005 TOURISM TAXES OF HOTEL-MOTEL AND FOOD AND BEVERAGE. (TABLED 12/6) -- PASSED UNANIMOUSLY


COMMITTEE 2


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


04-0778R - RESOLUTION AMENDING THE STANDING RULES OF THE CITY COUNCIL; CREATING A NEW RULE 19 REGULATING USE OF ELECTRONIC MAIL. (REPLACEMENT) (TABLED 12/6) -- REMAINED ON TABLE


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Councilor Gilbert took his seat.

MOTIONS AND RESOLUTIONS


CONSENT AGENDA

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


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-0822R - RESOLUTION AUTHORIZING THE CITY TREASURER TO ACCEPT ON BEHALF OF THE CITY GIFTS FOR THE PROMOTION OF HUMAN RIGHTS IN THE CITY. -- PASSED


04-0823R - RESOLUTION AUTHORIZING THE CITY TREASURER TO ACCEPT ON BEHALF OF THE CITY GIFTS FOR THE WELFARE OF PERSONS WITH DISABILITIES WITHIN THE CITY. -- PASSED


04-0824R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF ARROWHEAD ROAD IMPROVEMENT FROM WOODLAND AVENUE TO DODGE AVENUE AND KENT ROAD PERMANENT STREET IMPROVEMENT FROM CHESTER PARKWAY TO 19TH AVENUE EAST. -- PASSED


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


04-0830R - RESOLUTION AWARDING CONTRACT TO LIPE BROTHERS CONSTRUCTION, INC., FOR OVERHEAD GARAGE DOOR REPLACEMENT AT FIRE STATION #1 IN THE AMOUNT OF $27,350. -- PASSED


04-0831R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH PRO-WEST AND ASSOCIATES, INC., TO PROVIDE PROFESSIONAL SERVICES FOR DIGITAL PLAT AND PARCEL DATA MAPPING ESTIMATED AT $99,000. -- PASSED


04-0832R - RESOLUTION AWARDING CONTRACT TO POLYPHASE ELECTRIC COMPANY FOR ELECTRICAL SERVICES AS NEEDED DURING THE MONTH OF DECEMBER AND YEAR 2005 IN ACCORDANCE WITH SPECIFICATIONS IN THE ESTIMATED TOTAL OF $47,995. -- PASSED


04-0843R - RESOLUTION AUTHORIZING A CONTRACT TO HENRY A. ANDERSON AGENCY, INC., FOR BOILER INSURANCE FOR 41 CITY LOCATIONS DURING YEAR 2005 IN THE AMOUNT OF $14,897. -- PASSED


BY COUNCILOR JOHNSON                             (PERSONNEL)


04-0812R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF LARRY JENESON AND THE APPOINTMENT OF TOM MARSHALL, REPLACING MITCHELL PETERSON, TO THE DEFERRED COMPENSATION PLAN COMMISSION. -- PASSED


04-0813R - RESOLUTION CONFIRMING THE APPOINTMENT OF TIMOTHY A. BEARHEART TO THE DULUTH TRANSIT AUTHORITY, REPLACING RENAE SWITZER. -- PASSED


04-0814R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF GILBERT W. HARRIES, JOHN VIGEN AND ROGER WEDIN TO THE PLANNING COMMISSION. -- PASSED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

 

04-0841R - RESOLUTION TRANSFERRING FUNDS IN THE AMOUNT OF $53,678 BETWEEN THE 2000, 2002 AND 2004 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS. -- PASSED


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


04-0807R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO AMEND AN AGREEMENT WITH ST. LOUIS COUNTY TO ACCEPT FUNDS IN ORDER TO PROVIDE DIVERSIONARY WORK PROGRAM EMPLOYMENT AND TRAINING SERVICES IN THE AMOUNT OF $100,000 FOR THE PERIOD JULY 1, 2004, TO DECEMBER 31, 2004. -- PASSED


04-0821R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH ST. LOUIS COUNTY TO PROVIDE FOOD SUPPORT EMPLOYMENT AND TRAINING SERVICES AT COSTS NOT TO EXCEED $400 PER PARTICIPANT, FROM OCTOBER 1, 2004, THROUGH SEPTEMBER 30, 2005, AT A TOTAL COST NOT TO EXCEED $32,329. -- PASSED


04-0840R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH THE DULUTH HOUSING AND REDEVELOPMENT AUTHORITY TO ACCEPT FUNDS IN ORDER TO PROVIDE VOCATIONAL TESTING AND ASSESSMENT SERVICES TO CANDIDATES FOR HOPE VI RELATED EMPLOYMENT OPPORTUNITIES, IN THE AMOUNT OF $40 PER HOUR, FOR THE PERIOD DECEMBER 1, 2004, TO OCTOBER 1, 2008. -- PASSED


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-0806R - RESOLUTION APPROVING DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT WETLANDS FOR CEDAR RIDGE ESTATES DEVELOPMENT. -- PASSED


04-0819R - RESOLUTION AUTHORIZING PAYMENT OF $97,028.20 TO CIS INSURANCE GROUP, AS SUBROGEE OF AMERICAN INDIAN COMMUNITY HOUSING ORGANIZATION, FOR SETTLEMENT OF ALL SUBROGATION CLAIMS ARISING FROM A WATERMAIN BREAK ON FEBRUARY 5, 2004. -- PASSED


04-0833R - RESOLUTION AWARDING CONTRACT TO TRAFFIC CONTROL CORPORATION FOR TWO TRAFFIC SIGNAL CONTROLLER CABINETS IN THE AMOUNT OF $19,979.40. -- PASSED


04-0834R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH SALO ENGINEERING FOR CONSTRUCTION OF CEDAR RIDGE ESTATES IN AN ESTIMATED AMOUNT OF $89,918.36. -- PASSED


04-0836R - RESOLUTION AWARDING CONTRACT TO BRAUN PUMP AND CONTROLS, INC., FOR ONE SEWAGE PUMP IN THE AMOUNT OF $25,805.38. -- PASSED


04-0837R - RESOLUTION AWARDING CONTRACT TO UTILITY SYSTEMS OF AMERICA, INC., FOR CONSTRUCTION OF CEDAR RIDGE ESTATES IN THE AMOUNT OF $926,658.25. -- PASSED


04-0842R - RESOLUTION AUTHORIZING A WATER SERVICE AGREEMENT WITH STORA ENSO NORTH AMERICA CORPORATION FOR ITS WEST DULUTH PAPER MILL. -- PASSED


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0816R - RESOLUTION APPROVING AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR INSPECTION OF HOTELS. -- PASSED


04-0820R - RESOLUTION AUTHORIZING A GANG STRIKE FORCE GRANT APPLICATION AND GRANT ACCEPTANCE UP TO $30,000 UNDER MINNESOTA STATUTES SECTION 299A.66; SAID GRANT TO EXPAND CAPACITY TO COMBAT GANGS AS REIMBURSEMENT OF CLERICAL SALARY AND BENEFITS, AND OTHER OPERATING EXPENSES, FOR THE GRANT PERIOD FROM JULY 1, 2004, TO JUNE 30, 2005. -- PASSED

 

04-0838R - RESOLUTION AWARDING CONTRACT TO JAYEN OF DULUTH, INC., FOR COMMUNICATION BASE STATION AND VARIOUS EQUIPMENT IN THE AMOUNT OF $41,648.71. -- PASSED


04-0839R - RESOLUTION AWARDING CONTRACT TO MARINE SONIC TECHNOLOGY, LTD, FOR A SIDE SCAN SONAR UNIT IN THE AMOUNT OF $35,214.50. -- PASSED


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


04-0829R - RESOLUTION AUTHORIZING AN AGREEMENT WITH CHELSEY BROADCASTING COMPANY OF DULUTH, LLC, D/B/A KDLH, AND PREMIER PYROTECHNICS FOR THE FIREWORKS PRODUCTION DONE IN CONJUNCTION WITH THE WARMER BY THE LAKE EVENT ON JANUARY 1, 2005. -- PASSED


END OF CONSENT AGENDA


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The following entitled resolutions were also considered:

 

COMMITTEE 1

 

BY COUNCILOR NESS                                        (FINANCE)

 

04-0846R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE DULUTH CONVENTION AND VISITORS BUREAU TO PROVIDE ADVERTISING AND PROMOTION SERVICES TO THE CITY OF DULUTH FOR THE YEAR 2005 AT A COST TO THE CITY OF $1,222,200. -- PASSED UNANIMOUSLY

 

COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-0825R - RESOLUTION APPROVING THE 2005-2009 CONSOLIDATED PLAN AND 2005 ACTION PLAN PORTION OF THE CONSOLIDATED PLAN AND AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME PROGRAM AND EMERGENCY SHELTER GRANT (ESG) PROGRAM FUNDS. -- PASSED 8-1 (Stauber)


04-0826R - RESOLUTION AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 2005 PROGRAM YEAR AS WELL AS APPROVING THE REALLOCATION OF CERTAIN PRIOR CDBG FUNDS AND AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. -- AMENDED & PASSED 5-2-2 (Nays: Little, Stauber; Abstained: Johnson, Reinert)


04-0827R - RESOLUTION AUTHORIZING A REQUEST FOR HUD HOME FUNDS FOR THE 2005 PROGRAM YEAR, AS WELL AS APPROVING THE REALLOCATION OF CERTAIN PRIOR HOME FUNDS AND AUTHORIZING CONTRACTS. -- PASSED 8-0-1 (Abstained: Reinert)


04-0828R - RESOLUTION AUTHORIZING A REQUEST FOR HUD EMERGENCY SHELTER GRANT PROGRAM (ESGP) FUNDS FOR THE 2005 PROGRAM YEAR AND AUTHORIZING CONTRACTS. -- PASSED UNANIMOUSLY

 

COMMITTEE 3

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0845R - RESOLUTION AMENDING RESOLUTION 04-0682 AND PROVIDING FOR A PARTIAL REBATE OF THE FEE FOR RENTAL HOUSING LICENSE. -- FAILED 4-5 (Atkins, Little, Stewart, Stauber)

 

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


04-0818R - RESOLUTION ACCEPTING A GIFT FROM THE IRVING COMMUNITY CLUB IN THE AMOUNT OF $10,000 TO BE USED FOR THE RESURFACING OF THE NORTH HOCKEY RINK AT THE IRVING COMMUNITY CLUB. -- PASSED UNANIMOUSLY

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-069-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 28 AND 34, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE-FAMILY RESIDENTIAL DISTRICT, AND R-1-C, ONE FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY ON THE SOUTHWEST SIDE OF RICE LAKE ROAD, ROUGHLY BETWEEN PECAN AVENUE AND HOMES THAT FRONT ON BLACKMAN AVENUE AND NORTH OF THE UNBUILT DAVIS STREET RIGHT-OF-WAY (MARK LAMBERT/SUMMIT MANAGEMENT, LLC). (TABLED 11/22) -- PASSED UNANIMOUSLY


The following entitled ordinances were read for the first time:


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-078-O - AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO THE UNIVERSITY OF MINNESOTA FOR SIDEWALK/BIKE PATH, RETAINING WALL, BACK SLOPES, STREET LIGHTINGS AND OTHER IMPROVEMENTS IN THE EASEMENT OR RIGHT-OF-WAY OF JUNCTION AVENUE, BUFFALO STREET AND ST. MARIE STREET (UNIVERSITY OF MINNESOTA, UNIVERSITY OF MINNESOTA-DULUTH). -- 1st READING


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-079-O - AN ORDINANCE DEDICATING A STREET EASEMENT AND A SNOW STORAGE EASEMENT OVER CERTAIN CITY PROPERTY IN THE VICINITY OF MESABA AVENUE AND WEST EIGHTH STREET AND AUTHORIZING THE SALE OF PROPERTY REMAINDER TO EDNA M. DAVIS. -- 1st READING


04-080-O - AN ORDINANCE DEDICATING STREET EASEMENT, AUTHORIZING CONVEYANCE OF UNDERLYING PROPERTY RIGHTS IN CRESCENT VIEW PARK TO ROBERT AND CYNTHIA BACKSTROM AND REPEALING ORDINANCE NO. 9524. -- 1st READING


The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-072-O - AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2005 APPROPRIATION MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. -- PASSED 7-2 (Little, Stauber)


04-073-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2005. -- PASSED 7-2 (Little, Stauber)


04-074-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2005. -- PASSED 7-2 (Little, Stauber)


04-075-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, SEAWAY PORT AUTHORITY, FOR THE YEAR 2005. -- PASSED 6-3 (Little, Reinert, Stauber)


04-076-O - AN ORDINANCE TO AMEND THE BUDGET OF THE CITY OF DULUTH FOR THE YEAR 2004 INCREASING THE BUDGET AND APPROPRIATING MONIES FOR THE PAYMENT OF SUCH INCREASE. -- PASSED UNANIMOUSLY


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-077-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF UTILITY EASEMENTS FOR A SANITARY SEWER SERVICE LINE SERVING THE LAKEWOOD PUMPING STATION PROPERTY TO THE NORTH SHORE SANITARY DISTRICT. -- PASSED UNANIMOUSLY


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