ACTIONS
  
  DULUTH CITY COUNCIL MEETING
Monday, March 19, 2001

ROLL CALL -- ABSENT:  Councilor Gilbert
APPROVAL OF MINUTES - January 8, 16 and 29, 2001. -- APPROVED

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RESOLUTIONS TABLED

01-0082R - RESOLUTION APPROVING DEDA AGREEMENT WITH BRW, INC., PURSUANT TO DEDA RESOLUTION 01D-08. (TABLED 1/29) -- REMAINED ON TABLE

01-0175R -- RESOLUTION PERTAINING TO THE SPIRIT MOUNTAIN GOLF COURSE; REQUESTING ADDITIONAL INFORMATION BEFORE WORK PERMITS ARE ISSUED. (TABLED 2/26) -- REMAINED ON TABLE

01-0176R - RESOLUTION PERTAINING TO THE SPIRIT MOUNTAIN GOLF COURSE; REQUESTING SPIRIT MOUNTAIN TO TAKE CERTAIN ACTIONS AGAINST THE DEVELOPER. (TABLED 2/26) -- REMAINED ON TABLE

01-0177R - RESOLUTION PERTAINING TO THE SPIRIT MOUNTAIN GOLF COURSE; REQUESTING SPIRIT MOUNTAIN RECREATION AUTHORITY TO ASCERTAIN WHETHER THE GOLF COURSE PROJECT CONSTITUTES A CONVERSION TO PRIVATE USE UNDER THE FEDERAL LAND AND WATER CONSERVATION FUND ACT OF 1965. (TABLED 2/26) -- REMAINED ON TABLE

01-0095R - RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS AND UTILITIES TO EXERCISE THE POWERS SET FORTH IN MINNESOTA STATUTES 453A.01 TO 453A.12 IN CONJUNCTION WITH THE OPERATION OF THE GAS UTILITY. (TABLED 2/12) -- PASSED UNANIMOUSLY

01-0163R - RESOLUTION OF INTENT TO CONSTRUCT A PERMANENT RESIDENTIAL STREET NAMED LOVER'S LANE IN LAKEVIEW DIVISION, FIRST ADDITION AND SANITARY SEWER, WATER AND GAS TO SERVE LOTS 1, 2, 3 AND 4 IN BLOCK 2, LAKEVIEW DIVISION, FIRST ADDITION. (TABLED 2/26) -- PASSED UNANIMOUSLY

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MOTIONS AND RESOLUTIONS

CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA WERE ENACTED BY ONE UNANIMOUS MOTION.

01-0171R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF IMPROVEMENTS OF CREEKSIDE CIRCLE; COMO AVENUE IN MAPLE RIDGE; FEATHERSTONE DRIVE AND FEATHERSTONE LANE; AND SIDEWALK REPAIR FOR 2000. -- PASSED UNANIMOUSLY

01-0184R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH ARCTECH, INC., FOR PROVIDING CERTAIN MASTER PLANNING SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE LAKE SUPERIOR ZOOLOGICAL GARDENS MASTER PLAN UPDATE, IN AN AMOUNT NOT TO EXCEED $35,000. -- PASSED UNANIMOUSLY

01-0199R - RESOLUTION AWARDING CONTRACT TO VINE BODY SHOP FOR ANNUAL CONTRACT FOR AUTO BODY REPAIRS, IN THE AMOUNT OF $18,000. -- PASSED UNANIMOUSLY

01-0201R - RESOLUTION AWARDING CONTRACT TO MACQUEEN EQUIPMENT, INC., FOR A STREET SWEEPER IN THE AMOUNT OF $114,673.88. -- PASSED UNANIMOUSLY

01-0227R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO DULUTH GIRLS HOCKEY ASSOCIATION. -- PASSED UNANIMOUSLY

01-0187R - RESOLUTION CONFIRMING APPOINTMENT OF THERESE VAUGHN TO TREE COMMISSION REPLACING TIMOTHY BATES. -- PASSED UNANIMOUSLY

01-0191R - RESOLUTION CONFIRMING APPOINTMENT OF KENNETH NORENBERG TO ENVIRONMENTAL ADVISORY COUNCIL REPLACING VIRGINIA BORDEN. -- PASSED UNANIMOUSLY

01-0192R - RESOLUTION CONFIRMING APPOINTMENT OF PATRICIA SOBCZAK TO MILLER CREEK JOINT POWERS BOARD REPLACING EDWARD THAMM. -- PASSED UNANIMOUSLY

01-0193R - RESOLUTION CONFIRMING APPOINTMENT OF EDWIN HALLER TO SISTER CITY COMMISSION REPLACING MARTIN DEWITT. -- PASSED UNANIMOUSLY

01-0206R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATIONS OF PLANNING AIDE AND PLANNING TECHNICIAN INCLUDING A TITLE CHANGE TO PLANNER I. -- PASSED UNANIMOUSLY

01-0207R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF ASSISTANT PLANNER INCLUDING A TITLE CHANGE TO PLANNER II. -- PASSED UNANIMOUSLY

01-0194R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO AMEND CONTRACT NO. 18323 WITH INDEPENDENT SCHOOL DISTRICT 709 FOR THE SUPPORTIVE EMPLOYMENT PROGRAM FOR DISABLED YOUTH THROUGH COMMUNITY RESOURCE FUNDS BY INCREASING THE CONTRACT AMOUNT BY $13,021 AND EXTENDING THE CONTRACT THROUGH JUNE 30, 2001; CONTRACT TOTAL SHALL NOT EXCEED $43,021. -- PASSED UNANIMOUSLY

01-0195R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO EXTEND AGREEMENT 18617 FOR $59,436 IN YEAR OF THE CITY/COMMUNITY RESOURCE PROGRAM MONIES FROM THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT TO FUND FOUR COMMUNITY SERVICE PROJECTS THROUGH JUNE 30, 2001, AND TO REPROGRAM FUNDS TO FOUR COMMUNITY SERVICE PROJECTS. -- PASSED UNANIMOUSLY

01-0214R - RESOLUTION AWARDING CONTRACT TO BACHMAN'S, INC. FOR TREES AND SHRUBS, IN THE AMOUNT OF $21,737.95. -- PASSED UNANIMOUSLY

01-0181R - RESOLUTION APPROVING DEDA'S REIMBURSEMENT TO THE CITY OF DULUTH  PURSUANT TO DEDA RESOLUTION 01D-16. -- PASSED UNANIMOUSLY

01-0190R - RESOLUTION REQUESTING THE FREE CONVEYANCE OF OUTLOTS N, O AND R, REARRANGEMENT OF AUDITOR'S PLAT OF WEST DULUTH, FOR DEVELOPMENT OF TRAILS, BRIDGES AND WILDLIFE OBSERVATION DECKS IN THE GRASSY POINT AREA. -- PASSED UNANIMOUSLY

01-0210R - RESOLUTION AMENDING THE LEGAL DESCRIPTION OF RESOLUTION 01-0041R VACATING A HALF CUL-DE-SAC LOCATED IN THE 300 BLOCK OF 85TH AVENUE WEST (WAHLSTROM). -- PASSED UNANIMOUSLY

01-0216R - RESOLUTION AUTHORIZING AN AGREEMENT WITH BRW, INC., FOR THE SKYLINE PARKWAY CORRIDOR MANAGEMENT PLAN. -- PASSED UNANIMOUSLY

01-0065R - RESOLUTION AUTHORIZING AN AMENDMENT TO THE AGREEMENT FOR FORGIVABLE LOAN OF MINNESOTA INVESTMENT FUND WITH UNITED HEALTHCARE SERVICES, INC. -- PASSED UNANIMOUSLY

01-0189R - RESOLUTION ACCEPTING A FIVE YEAR EXTENSION TO ARMY CORPS OF ENGINEERS LICENSE NO. DACW22-3-85-3007, WHICH AUTHORIZED THE PLACEMENT OF A TRANSFORMER PAD BETWEEN THE PIERS OF THE DULUTH AERIAL LIFT BRIDGE. -- PASSED UNANIMOUSLY

01-0125R - RESOLUTION AWARDING CONTRACT TO DULUTH SUPERIOR BLACKTOP FOR BITUMINOUS MATERIALS IN THE AMOUNT OF $147,000. -- PASSED UNANIMOUSLY

01-0165R - RESOLUTION ORDERING IN THE CONSTRUCTION OF 120 FEET OF SANITARY SEWER MAIN IN A TEN FOOT UTILITY EASEMENT BETWEEN 60TH AVENUE WEST AND 60TH AVENUE WEST ALLEY, BETWEEN POLK STREET AND RALEIGH STREET TO SERVE LOTS 1, 2, 3 AND THE NORTHERLY 15 FEET OF LOT 4, BLOCK 92, WEST DULUTH FOURTH DIVISION (CITY JOB NO. 9298SA01) AT AN ESTIMATED COST OF $18,750. -- PASSED UNANIMOUSLY

01-0185R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SALVATION ARMY RELATING TO DISTRIBUTION OF EMERGENCY ENERGY ASSISTANCE FUNDS. -- PASSED UNANIMOUSLY

01-0186R - RESOLUTION AWARDING CONTRACT TO THE UNIFORM CONNECTION FOR WATER AND GAS UNIFORMS IN THE ESTIMATED AMOUNT OF $18,800. -- PASSED UNANIMOUSLY

01-0200R - RESOLUTION AWARDING CONTRACT TO NELS NELSON AND SONS, INC., FOR STREET IMPROVEMENT AT 12TH AVENUE EAST BETWEEN SUPERIOR STREET AND FOURTH STREET IN THE AMOUNT OF $668,549.06. -- PASSED UNANIMOUSLY

01-0203R - RESOLUTION AMENDING RESOLUTION 01-0048 AWARDING CONTRACT TO EGGEBRECHT CHEVROLET FOR A CHEVROLET CONSTRUCTION VAN TO INCREASE THE AMOUNT BY $41,157.17 FOR A NEW TOTAL OF $105,809.06. -- PASSED UNANIMOUSLY

01-0204R - RESOLUTION AUTHORIZING PAYMENT OF $21,028.63 TO CANDY CHUMICH AS SETTLEMENT OF ALL CLAIMS ARISING FROM WATERMAIN BREAK ON JANUARY 12, 2001. -- PASSED UNANIMOUSLY

01-0205R - RESOLUTION APPROVING SETTLEMENT OF THE CITY OF DULUTH'S CLAIM FOR REIMBURSEMENT FOR TIOGA STREET PROJECT IN THE AMOUNT OF $109,784. -- PASSED UNANIMOUSLY

01-0211R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH SHORT ELLIOT HENDRICKSON, INC., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR ARROWHEAD ROAD, IN AN ESTIMATED AMOUNT OF $23,500. -- PASSED UNANIMOUSLY

01-0212R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH S.R.F. CONSULTING GROUP, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN OF TRAFFIC SIGNAL SYSTEM ON 59TH AVENUE WEST AND GRAND AVENUE, IN AN ESTIMATED AMOUNT OF $6,500. -- PASSED UNANIMOUSLY

01-0213R - RESOLUTION AWARDING CONTRACT TO NORTHWESTERN POWER EQUIPMENT FOR HOT WATER SUPPLY AND RETURN LINES, IN THE AMOUNT OF $42,016. -- PASSED UNANIMOUSLY

01-0215R - RESOLUTION AMENDING RESOLUTION NO. 00-0528, WHICH AUTHORIZED AN AGREEMENT BETWEEN THE CITY OF DULUTH AND ST. LOUIS COUNTY FOR THE RECONSTRUCTION OF PIEDMONT AVENUE BETWEEN HAINES ROAD AND HUTCHINSON ROAD; INCREASING THE CONTRACT AMOUNT BY $45,000 TO A TOTAL OF $160,646.74. -- PASSED UNANIMOUSLY

01-0217R - RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND ST. LOUIS COUNTY FOR SANITARY SEWER WORK TO BE DONE IN CONJUNCTION WITH THE RECONSTRUCTION OF PIEDMONT AVENUE BETWEEN HAINES ROAD AND HUTCHINSON ROAD FOR AN ESTIMATED COST TO THE CITY OF $50,000. -- PASSED UNANIMOUSLY

01-0164R - RESOLUTION TO ESTABLISH A NO PARKING ZONE ON THE WEST SIDE OF ARLINGTON AVENUE (CSAH 90) FROM A POINT 100 FEET SOUTH OF THE ENTRANCE OF THE ARLINGTON SOCCER COMPLEX TO A POINT 100 FEET NORTH OF THE ENTRANCE OF THE ARLINGTON SOCCER COMPLEX. -- PASSED UNANIMOUSLY

01-0166R - RESOLUTION ACCEPTING UP TO $269,500 UNDER THE MINNESOTA CRIME ACT OF 1999 AND MINNESOTA STATUTE SECTION 299A.66, GRANT TO EXPAND LOCAL CAPACITY TO COMBAT GANGS AS REIMBURSEMENT OF CLERICAL SALARY AND BENEFITS, AND OTHER OPERATING EXPENSES; GRANT PERIOD IS FROM JULY 1, 2001, TO JUNE 30, 2003. -- PASSED UNANIMOUSLY

01-0167R - RESOLUTION ACCEPTING UP TO $392,100 UNDER THE MINNESOTA CRIME ACT OF 1999 AND MINNESOTA STATUTE SECTION 299A.66, CRIMINAL GANG STRIKE FORCE MEMBER REPLACEMENT GRANT FOR REIMBURSEMENT OF PERSONNEL COSTS; GRANT PERIOD IS FROM JULY 1, 2001, TO JUNE 30, 2003. -- PASSED UNANIMOUSLY

01-0179R - RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO AN AGREEMENT WITH THE ST. LOUIS COUNTY SHERIFF AND ARROWHEAD REGIONAL CORRECTIONS TO REIMBURSE THE SHERIFF FOR PROVIDING IDENTIFICATION SERVICES; EXTENDING THE AGREEMENT FOR THE YEAR 2001 AT A COST OF $12,000. -- PASSED UNANIMOUSLY

01-0208R - RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND THE DULUTH AREA FAMILY SERVICES COLLABORATIVE FOR A TIME STUDY FUNDING GRANT FOR THE PERIOD FROM JANUARY 1, 2001 TO DECEMBER 31, 2001. -- PASSED UNANIMOUSLY

01-0222R - RESOLUTION AUTHORIZING THE CITY OF DULUTH TO ACCEPT VARIOUS OPERATING GRANTS AND CAPITAL GRANTS FROM THE STATE OF MINNESOTA AND FEDERAL GOVERNMENT ON BEHALF OF THE DULUTH TRANSIT AUTHORITY. -- PASSED UNANIMOUSLY

END OF CONSENT AGENDA
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The following entitled resolutions were also considered at this meeting:

01-0178R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH MELANDER, MELANDER & SCHILLING / DAMON FARBER ASSOCIATES, FOR PROVIDING CERTAIN DESIGN SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE DOWNTOWN STREETSCAPE REVITALIZATION, PHASE I, IN AN AMOUNT NOT TO EXCEED $40,000. -- PASSED UNANIMOUSLY

01-0223R - RESOLUTION APPROVING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR COUNTRY KITCHEN OF DULUTH, INC., 1810 MILLER TRUNK HIGHWAY. -- TABLED

01-0228R - RESOLUTION DENYING A BUSINESS LOSS EXEMPTION FROM THE PROVISIONS OF THE PUBLIC SMOKING ORDINANCE FOR COUNTRY KITCHEN OF DULUTH, INC, 1810 MILLER TRUNK HIGHWAY. -- TABLED

01-0229R - RESOLUTION APPOINTING A NEW MEMBER TO CITIZENS ADVISORY COMMITTEE FOR COMPREHENSIVE PLANNING REPLACING PEGGY MARRIN. -- TABLED

01-0240R - RESOLUTION AMENDING RESOLUTION 00-0369 TO PROVIDE FOR UP TO 15 MEMBERS ON THE CITIZENS ADVISORY COMMITTEE FOR COMPREHENSIVE PLANNING. -- TABLED

01-0241R - RESOLUTION AMENDING RESOLUTION 00-0731 RELATING TO BUSINESS SUBSIDY CRITERIA. -- PASSED UNANIMOUSLY

01-0180R - RESOLUTION APPROVING DEDA AGREEMENT WITH NORTHSPAN GROUP, INC., FOR ITS ABC PROGRAM PURSUANT TO DEDA RESOLUTION 01D-14. -- TABLED

01-0182R - RESOLUTION APPROVING DEDA'S REIMBURSEMENT TO THE CITY OF DULUTH  PURSUANT TO DEDA RESOLUTION 01D-17. -- TABLED

01-0220R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO APPROVE THE CONSTRUCTION OF A 9,000 SQUARE FOOT TWO-STORY RETAIL AND OFFICE BUILDING WITH 67 PARKING SPACES BY EXTENDING A BUILDING 50 FEET INTO MORE RESTRICTIVE DISTRICT; TO EXTEND A PARKING LOT INTO A RESIDENTIAL DISTRICT, INCLUDING THREE SPACES ON THE REAR OF LOT OF 613-15 EAST FIFTH STREET AND TO ALLOW A PARKING LOT TO BE LOCATED ACROSS A PLATTED ALLEY FROM THE PRINCIPAL BUILDING, AS PER PLANS SUBMITTED BY THE APPLICANT AND SUBJECT TO SPECIFIED CONDITIONS. -- PASSED 7 - 1 (Ness)

01-0221R - RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO APPROVE THE CONSTRUCTION OF A 9,000 SQUARE FOOT TWO-STORY RETAIL AND OFFICE BUILDING WITH 67 PARKING SPACES BY EXTENDING A BUILDING 50 FEET INTO MORE RESTRICTIVE DISTRICT; TO EXTEND A PARKING LOT INTO A RESIDENTIAL DISTRICT, INCLUDING THREE SPACES ON THE REAR OF LOT OF 613-15 EAST FIFTH STREET AND TO ALLOW A PARKING LOT TO BE LOCATED ACROSS A PLATTED ALLEY FROM THE PRINCIPAL BUILDING, AS PER PLANS SUBMITTED BY THE APPLICANT AND SUBJECT TO SPECIFIED CONDITIONS. -- FAILED UNANIMOUSLY

01-0173R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH ENTERTAINMENT CONVENTION CENTER FOR FACILITY RENTAL AND CATERING COSTS IN THE AMOUNT OF $20,000 IN CONNECTION WITH THE LEAGUE OF MINNESOTA CITIES ANNUAL CONFERENCE JUNE 18-21, 2001. -- PASSED UNANIMOUSLY

01-0218R - RESOLUTION EXPRESSING THE INTENT OF THE DULUTH CITY COUNCIL TO ENTER INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE RENTAL OF ROAD MAINTENANCE FACILITIES. -- PASSED 7 - 0 - 1 (Stenberg abstained)

01-0209R - RESOLUTION AMENDING RESOLUTIONS 01-0120, 01-0159 AND 01-0160 BY DELETING A PROVISION. (REPLACEMENT) -- PASSED 5 - 3 (Fena, Hogg, Ness)

01-0226R - RESOLUTION ENCOURAGING GOOD FAITH CONTRACT NEGOTIATIONS AT THE HOLIDAY INN DULUTH AND RADISSON HOTEL DULUTH. -- PASSED 6 - 2 (Edwards, Stenberg)

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCES TABLED

01-003-O - AN ORDINANCE PERTAINING TO SANITARY SEWERS IN THE FOND DU LAC AREA OF DULUTH; ADDING A NEW ARTICLE XII TO CHAPTER 43, DULUTH CITY CODE, 1959, AS AMENDED. (TABLED 2/26) -- REMAINED ON TABLE

01-004-O - AN ORDINANCE PERTAINING TO THE PROCUREMENT OF NATURAL GAS BY THE DEPARTMENT OF PUBLIC WORKS AND UTILITIES, ADDING AN ARTICLE XVI TO CHAPTER 48 OF THE DULUTH CITY CODE, 1959, AS AMENDED. (TABLED 2/26) -- PASSED UNANIMOUSLY

The following entitled ordinance was read for the first time:

01-007-O - AN ORDINANCE AUTHORIZING SALE OF CERTAIN PROPERTY IN FOND DU LAC TO DAVID AUBREY ANDERSON. -- 1ST READING

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