ACTIONS
DULUTH CITY COUNCIL MEETING
Monday, December 17, 2001

ROLL CALL -- ALL PRESENT
APPROVAL OF MINUTES - October 9, 15, 22, November 13, 26 and 29, 2001. -- APPROVED

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RESOLUTIONS TABLED

01-0685R - RESOLUTION AUTHORIZING THE ACQUISITION OF LAND FOR AN ADDITION TO SPIRIT MOUNTAIN RECREATION AREA AUTHORITY, AUTHORIZING SETTLEMENT OF COMPLIANCE ISSUES WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES, AUTHORIZING EXECUTION OF A CONTRACT WITH SPIRIT MOUNTAIN RECREATION AREA AUTHORITY AND HOVLAND SPIRIT RIDGE, LLC. (TABLED 9/10) -- FAILED 5-3 (Eckenberg, Edwards, Stenberg) - 1 (Hogg abstained)

01-0851R - RESOLUTION DISTRIBUTING THE ESTIMATED 2002 TOURISM TAXES OF HOTEL-MOTEL AND FOOD AND BEVERAGE. (REPLACEMENT) (TABLED 12/3) -- PASSED UNANIMOUSLY

01-0863R - RESOLUTION APPROVING DEDA'S GENERAL, DEBT SERVICE, CAPITAL PROJECTS AND STOREFRONT LOAN FUND BUDGETS FOR 2002. (TABLED 12/3) -- PASSED UNANIMOUSLY

01-0802R - RESOLUTION CONFIRMING APPOINTMENT OF VIRGIL SWING TO PLANNING COMMISSION REPLACING S.C. WELLES. (TABLED 11/13) -- RETURNED TO ADMINISTRATION 8-1 (Edwards)

01-0529R - RESOLUTION GRANTING A WORK PERMIT TO SPIRIT RIDGE LLC FOR CONSTRUCTION OF NINE HOLES OF AN 18 HOLE GOLF COURSE AND A LODGE ON THE SPIRIT MOUNTAIN RECREATION AREA. (TABLED 9/10) (REPLACEMENT 2) -- FAILED 1 (Stenberg) -5-3 (Eckenberg, Edwards, Hogg abstained)

01-0676R - RESOLUTION DENYING WORK PERMIT APPLICATION OF SPIRIT RIDGE L.L.C. RELATED TO SPIRIT RIDGE PROJECT. (TABLED 9/10) (AS AMENDED) -- AMENDED AND PASSED 5-4 (Eckenberg, Edwards, Hogg, Stenberg)

01-0818R - RESOLUTION DENYING A CONCURRENT USE PERMIT TO A AND L DEVELOPMENT, INC., PIZZA LUCÉ, DULUTH TECHNOLOGY VILLAGE, 11 EAST SUPERIOR STREET, FOR AWNINGS INTO AND OVER THE EASEMENT FOR THE RIGHT-OF-WAY OF EAST SUPERIOR STREET. (TABLED 11/26) -- REMAINED ON TABLE

01-0827R - RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF ST LOUIS COUNTY TO RECLASSIFY FROM CONSERVATION TO NONCONSERVATION AND TO OFFER FOR SALE TO THE DULUTH ECONOMIC AND DEVELOPMENT AUTHORITY (DEDA) CERTAIN TAX FORFEITED PARCELS NOW WITHHELD FROM SALE IN CONSERVATION. (TABLED 11/26) (REPLACEMENT) -- PASSED UNANIMOUSLY

01-0833R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO RJR COMMUNICATIONS, INC./KBJR TV-6 FOR DAYTIME USE OF STROBE LIGHTS ON THE TOWER LOCATED AT 410 WEST TENTH STREET. (TABLED 11/26 FOR REVIEW BY EAC) -- PASSED UNANIMOUSLY

01-0870R - RESOLUTION APPROVING THE FINAL LAYOUT AND PROJECT REPORT FOR THE IMPROVEMENT OF A PART OF TRUNK HIGHWAY NUMBER 53 RENUMBERED AS TRUNK HIGHWAY 106 (PIEDMONT AVENUE) WITHIN THE CORPORATE LIMITS OF THE CITY OF DULUTH FROM SOUTH OF FOURTH STREET TO 0.25 MILES NORTH OF SKYLINE PARKWAY. (TABLED 12/3) -- REMAINED ON TABLE

01-0813R - RESOLUTION AUTHORIZING THE EXPENDITURE FOR APPROXIMATELY $40,000 FOR THE BOARDING OF PRISONERS AT THE ST. LOUIS COUNTY JAIL. (TABLED 11/13) -- RETURNED TO ADMINISTRATION

01-0796R - RESOLUTION APPROVING THE TRANSFER OF OWNERSHIP OF IN-PLACE, CITY-OWNED PLAYGROUND EQUIPMENT TO ST. MICHAEL'S CHURCH AND DULUTH BIBLE CHURCH. (TABLED 11/13) -- PASSED UNANIMOUSLY

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MOTIONS AND RESOLUTIONS

The following entitled resolutions were read for the first time:

01-0871R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SINEX AVIATION TECHNOLOGIES IN AN AMOUNT NOT TO EXCEED $250,000 AND AUTHORIZING ACCEPTANCE OF REIMBURSEMENT FROM THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY IN THE AMOUNT OF $50,000. -- 1ST READING

01-0872R - RESOLUTION AUTHORIZING AN AGREEMENT WITH CONNECTING POINT IN AN AMOUNT NOT TO EXCEED $48,306 AND AUTHORIZING ACCEPTANCE OF REIMBURSEMENT FROM THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY IN THE AMOUNT OF $24,000. -- 1ST READING

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

01-0873R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS IN THE APPROXIMATE AMOUNT OF $1,075,000 AND GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS IN THE APPROXIMATE AMOUNT OF $630,000. -- PASSED

01-0890R - RESOLUTION AUTHORIZING EMPLOYMENT CONTRACT WITH ADMINISTRATIVE ASSISTANT. -- PASSED

01-0891R - RESOLUTION AMENDING RESOLUTION 00-0490 ESTABLISHING PAY AND BENEFITS FOR THE CITY ATTORNEY. -- PASSED

01-0831R - RESOLUTION AWARDING CONTRACT TO SUPERIOR FORD, INC., FOR EIGHT MARKED PATROL VEHICLES IN THE AMOUNT OF $167,524. -- PASSED

01-0880R - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH BLUE CROSS AND BLUE SHIELD OF MINNESOTA TO PROVIDE ADMINISTRATIVE SERVICES AND STOP LOSS INSURANCE TO THE CITY GROUP HEALTH PLAN DURING YEAR 2002, AT AN ESTIMATED COST TO THE CITY OF $1,234,000. -- PASSED

01-0892R - RESOLUTION AUTHORIZING AN AGREEMENT LEASING TEN PARKING SPACES FROM KEGLERS, INC., DBA INCLINE STATION FOR AN ESTIMATED CONSIDERATION OF $4,200. -- PASSED

01-0895R - RESOLUTION APPROVING THE TRANSFER OF THE OFF SALE NONINTOXICATING MALT LIQUOR LICENSE FROM SUPERVALU HOLDINGS, INC. (CUB FOODS), 615 WEST CENTRAL ENTRANCE, TO SUPERVALU, INC. (CUB FOODS), SAME ADDRESS. -- PASSED

01-0896R - RESOLUTION ISSUING AN OFF SALE NONINTOXICATING MALT LIQUOR LICENSE TO HOLIDAY STATIONSTORES, INC. (HOLIDAY STATIONSTORE #327), 2605 LONDON ROAD. -- PASSED

01-0897R - RESOLUTION ISSUING AN ON SALE NONINTOXICATING MALT LIQUOR LICENSE TO MIKE MAXIM, JR. (SHARKS), 327 WEST SUPERIOR STREET. -- PASSED

01-0898R - RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO ALS ASSOCIATION, NORTHLAND CHAPTER (EGGEBRECHT ALS FUND RAISER), ARMY NATIONAL GUARD BUILDING. -- PASSED

01-0899R - RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE ON SALE INTOXICATING LIQUOR LICENSE OF C&S OF DULUTH, INC. (TERRY'S PLACE), 2232 WEST SUPERIOR STREET. -- PASSED

01-0900R - RESOLUTION APPROVING THE ISSUANCE OF LAWFUL GAMBLING PREMISE PERMIT TO THE AMERICAN LEGION POST #71 AND THE WELCH CENTER. -- PASSED

01-0901R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO AMERICAN LEGION POST #71 AND WELCH CENTER. -- PASSED

01-0910R - RESOLUTION AWARDING CONTRACT TO VIKING ELECTRIC SUPPLY, INC., FOR DOWNTOWN, CANAL PARK AND FITGERS STREET LIGHTS REPLACEMENT IN THE AMOUNT OF $13,014.30. -- PASSED

01-0883R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF FACILITY OPERATIONS SUPERVISOR. -- PASSED

01-0884R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF DEPUTY FIRE MARSHAL. -- PASSED

01-0850R - RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT IN THE AMOUNT OF $20,000 FROM AND ENTERING INTO AND AGREEMENT WITH THE STATE OF MINNESOTA THROUGH ITS DEPARTMENT OF NATURAL RESOURCES, OFFICE OF MANAGEMENT AND BUDGET (THE STATE), WHICH REQUIRES A CITY CONTRIBUTION IN THE AMOUNT OF $20,000 RELATING TO THE LINCOLN PARK TRAIL CONNECTION PROJECT. -- PASSED

01-0862R - RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA HOUSING FINANCE AGENCY FOR MAXIMUM AMOUNT ALLOWABLE IN MINNESOTA CITY PARTICIPATION PROGRAM FUNDING UP TO $3,000,000 AND AUTHORIZING THE CITY TO ENTER INTO THE 2002 MINNESOTA CITY PARTICIPATION PROGRAM APPLICATION-COMMITMENT AGREEMENT. -- PASSED

01-0889R - RESOLUTION AUTHORIZING AND RATIFYING CHANGES TO THE DEFERRED COMPENSATION PLAN AND ADMINISTRATIVE CONTRACTS INVOLVING THE PLAN. -- PASSED

01-0902R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH GARY VAN BEUSEKOM FOR INDEPENDENT MONITORING SERVICES FOR COSTS NOT TO EXCEED $14,400. -- PASSED

01-0903R - RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT PROPOSAL TO THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH A REGIONAL HAZARDOUS MATERIALS EMERGENCY RESPONSE/CHEMICAL ASSESSMENT TEAM. -- PASSED

01-0907R - RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A $6,810 LAKE SUPERIOR COASTAL PROGRAM GRANT FOR A CARE AND FEEDING OF YOUR SEWER EDUCATIONAL PROGRAM. -- PASSED

01-0908R - RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A $5,725 LAKE SUPERIOR COASTAL PROGRAM GRANT FOR A COLLECTABLE CREEK INFORMATION CARD EDUCATIONAL PROJECT. -- PASSED

01-0885R - RESOLUTION AMENDING RESOLUTION 01-0125 AWARDING CONTRACT TO DULUTH SUPERIOR BLACKTOP FOR BITUMINOUS MATERIALS, TO INCREASE THE AMOUNT BY $40,114 FOR A NEW TOTAL OF $187,114. -- PASSED

01-0886R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH L.H.B. ENGINEERS AND ARCHITECTS, TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR SANITARY SEWER, GAS MAIN AND WATERMAIN RECONSTRUCTION AT PIEDMONT AVENUE ESTIMATED AT $48,086. -- PASSED

01-0887R - RESOLUTION AMENDING RESOLUTION 00-0540 AWARDING CONTRACT TO NELS NELSON AND SONS, INC., FOR SANITARY SEWER ON BOUNDARY AVENUE, TO INCREASE THE AMOUNT BY $16,000 FOR A NEW TOTAL OF $64,951.77. -- PASSED

01-0909R - RESOLUTION AWARDING CONTRACT TO PETERSEN ENGINEERING, INC., FOR PROFESSIONAL SERVICES FOR TEN INCH GAS TRANSMISSION PIPELINE, ESTIMATED AT $107,644. -- PASSED

01-0911R - RESOLUTION ACCEPTING A GRANT OF NOT TO EXCEED $6,000 FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR USE IN INVESTIGATIONS OF CRIMINAL ACTIVITIES INVOLVING JUVENILES. -- PASSED

01-0888R - RESOLUTION APPROVING A DISTRIBUTED POWER AGREEMENT WITH MINNESOTA POWER AND HARTLEY NATURE CENTER CORPORATION. -- PASSED

01-0894R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE ARROWHEAD LIBRARY SYSTEM TO PROVIDE REFERENCE SERVICES. -- PASSED

01-0904R - RESOLUTION AUTHORIZING AN AGREEMENT WITH BENEDEK BROADCASTING CORPORATION AND MELROSE PYROTECHNICS FOR THE FIREWORKS PRODUCTION DONE IN CONJUNCTION WITH THE WARMER BY THE LAKE EVENT JANUARY 1, 2002. -- PASSED

01-0905R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICERS TO EXECUTE AN AGREEMENT TO HOLD HARMLESS THE LAKE SUPERIOR CENTER AUTHORITY IN RETURN FOR THE USE OF CERTAIN GROUNDS FOR A SLIDING HILL AND PARKING IN CONJUNCTION WITH THE WARMER BY THE LAKE CELEBRATION TO BE HELD JANUARY 1, 2002. -- PASSED

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

01-0874R - RESOLUTION APPROVING THE 2002 BUDGET OF THE LAKE SUPERIOR CENTER. -- TABLED

01-0893R - RESOLUTION APPROPRIATING TOURISM TAX FUND BALANCE. -- TABLED

01-0876R - RESOLUTION APPROVING THE 2002 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 (Gilbert)

01-0877R - RESOLUTION AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 2002 PROGRAM YEAR AS WELL AS APPROVING THE REALLOCATION OF CERTAIN PRIOR CDBG FUNDS AND AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. -- PASSED 8-1 (Gilbert)

01-0878R - RESOLUTION AUTHORIZING A REQUEST FOR HUD HOME FUNDS FOR THE 2002 PROGRAM YEAR AND AUTHORIZING CONTRACTS. -- PASSED 8-1 (Gilbert)

01-0879R - RESOLUTION AUTHORIZING A REQUEST FOR HUD EMERGENCY SHELTER GRANT PROGRAM (ESG) FUNDS FOR THE 2002 PROGRAM YEAR AND AUTHORIZING CONTRACTS. -- PASSED 8-1 (Gilbert)

01-0866R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SEMPER DEVELOPMENT TO VACATE A PORTION OF THE ALLEY LOCATED WEST OF 45TH AVENUE, BETWEEN FOURTH STREET AND GRAND AVENUE, TO ACCEPT AND FILE REPLACEMENT EASEMENT DOCUMENTS AND GUARANTEEING COSTS RELATED THERETO (SEMPER DEVELOPMENT/WALGREENS). -- PASSED 8-1 (Stover)

01-0867R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE AUTHORIZING CONSTRUCTION OF A 23'11" X 33'6" L-SHAPED OFFICE ADDITION IN AN R-3 ZONING DISTRICT, ON PROPERTY LOCATED AT 217 NORTH 59TH AVENUE WEST (RICHARD LAUMEYER, LAKE SUPERIOR AGENCY OF THE PORT CITIES). -- FAILED 3-6 (Hogg, Ness, Stewart)

01-0868R - RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE AUTHORIZING CONSTRUCTION OF A 23'11" X 33'6" L-SHAPED OFFICE ADDITION IN AN R-3 ZONING DISTRICT, ON PROPERTY LOCATED AT 217 NORTH 59TH AVENUE WEST (RICHARD LAUMEYER, LAKE SUPERIOR AGENCY OF THE PORT CITIES). -- PASSED 6-3 (Hogg, Ness, Stewart)

01-0881R - RESOLUTION REVERSING THE DECISION OF THE BUILDING APPEAL BOARD TO DENY AN APPEAL TO ALLOW A FURTHER EXTENSION OF TIME ON A CONDEMNATION FOR HABITATION ORDER TO CORRECT HOUSING CODE VIOLATIONS AT 1117 NORTH 46TH AVENUE EAST, DULUTH, MINNESOTA. -- TABLED

01-0882R - RESOLUTION AFFIRMING THE DECISION OF THE BUILDING APPEAL BOARD TO DENY AN APPEAL TO ALLOW A FURTHER EXTENSION OF TIME ON A CONDEMNATION FOR HABITATION ORDER TO CORRECT HOUSING CODE VIOLATIONS AT 1117 NORTH 46TH AVENUE EAST, DULUTH, MINNESOTA. -- TABLED

01-0906R - RESOLUTION AMENDING AGREEMENT NO. 17911 WITH GDC FOR SKYWALK SECURITY SERVICES EXTENDING THE TERM AND INCREASING THE AMOUNT PAYABLE BY $58,000. -- TABLED

01-0913R - RESOLUTION APPROVING DEDA PAYMENT TO LAKE SUPERIOR CENTER AUTHORITY PURSUANT TO DEDA RESOLUTION 01D-58. -- PASSED UNANIMOUSLY

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCES TABLED

01-047-O - AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2002 APPROPRIATION MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. (TABLED 12/3) -- PASSED UNANIMOUSLY

01-048-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2002. (TABLED 12/3) -- PASSED UNANIMOUSLY

01-046-O - AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO A AND L DEVELOPMENT, INC., PIZZA LUCÉ, DULUTH TECHNOLOGY VILLAGE, 11 EAST SUPERIOR STREET FOR AWNINGS INTO AND OVER THE EASEMENT FOR THE RIGHT-OF-WAY OF EAST SUPERIOR STREET. (TABLED 12/3) -- REMAINED ON TABLE

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