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ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, July 23, 2007

 

ROLL CALL -- Gilbert absent

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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 STEWART                                (FINANCE)

 

 

07-0493R - RESOLUTION CONFIRMING THE ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF STREET IMPROVEMENT ON THIRD STREET FROM CARLTON STREET TO 21ST AVENUE WEST. -- PASSED

 

BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


07-0480R - RESOLUTION AUTHORIZING A CONTRACT WITH PROPERTYROOM.COM, INC., FOR DISPOSAL OF SURPLUS PROPERTY, COMMISSION SALES. -- PASSED

 

07-0481R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO DULUTH SOFTBALL PLAYERS ASSOCIATION AND BEERHUNTERS SOFTBALL TOURNAMENT. -- PASSED

 

07-0482R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSES OF D&D ENTERPRISES OF CLOQUET, INC. (MR. D’S SPIRIT VALLEY BAR AND GRILL), 5622 GRAND AVENUE, DWAYNE & KIMBERLY, INC. (KOM-ON-INN), 332 NORTH 57TH AVENUE WEST, AND THE RUSTIC BAR, INC. (RUSTIC SPORTS BAR), 401 NORTH CENTRAL AVENUE. -- PASSED

 

07-0483R - RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO NORTHLAND COUNTRY CLUB, 3901 EAST SUPERIOR STREET. -- PASSED

 

07-0484R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF LAKE AVENUE CAFÉ, INC. (LAKE AVENUE CAFÉ), 394 LAKE AVENUE SOUTH, AND JUST TAKE ACTION, INC. (BURRITO UNION), 1332 EAST FOURTH STREET. -- PASSED


07-0485R - RESOLUTION ISSUING AN ON SALE SUNDAY INTOXICATING LIQUOR LICENSE TO ZENITH DULUTH, INC. (INN ON LAKE SUPERIOR), 350 CANAL PARK DRIVE. -- PASSED


07-0486R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO DULUTH CURLING CLUB AND OWLS CLUB #1200. -- PASSED

 

07-0487R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR DUCKS UNLIMITED, ARROWHEAD CHAPTER. -- PASSED

 

07-0494R - RESOLUTION FOR EXECUTION OF AMENDED EXHIBIT A AND EXHIBIT F TO SERVICE AGREEMENT WITH BLUE CROSS AND BLUE SHIELD OF MINNESOTA TO PROVIDE ADMINISTRATIVE SERVICES, STOP LOSS INSURANCE AND CARE SUPPORT PROGRAM EFFECTIVE JANUARY 1, 2007. -- PASSED 7-0-1 (Krause)

 

07-0505R - RESOLUTION AWARDING CONTRACT TO RAY RIIHILUOMA, INC., FOR CONSTRUCTING THE EAST DULUTH VEHICLE STORAGE FACILITY IN THE AMOUNT OF $272,500. -- PASSED

 

07-0506R - RESOLUTION AWARDING CONTRACT TO A.W. KUETTEL & SONS, INC., FOR REPLACING ROOF SYSTEMS AT 42ND AVENUE WEST - PARKS TOOLHOUSE AND LONGVIEW TENNIS CLUB IN THE AMOUNT OF $118,145. -- PASSED


BY COUNCILOR GILBERT                               (PERSONNEL)

 

07-0504R - RESOLUTION AUTHORIZING A SERVICE AGREEMENT, A LICENSE AGREEMENT AND A PROJECT AGREEMENT WITH DULUTH SISTER CITIES INTERNATIONAL, INC., AND TERMINATING THE PREVIOUS SERVICE AGREEMENT, LICENSE AGREEMENT AND PROJECT AGREEMENT WITH DULUTH SISTER CITIES COMMISSION, INC. -- PASSED

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


07-0500R - RESOLUTION VACATING AN ALLEY BETWEEN 46TH AVENUE EAST AND SUPERIOR STREET (LAKESIDE CLINIC). -- PASSED

 

BY PRESIDENT STOVER                   (COMMITTEE OF THE WHOLE)


07-0495R - RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO SECTION 19 OF THE DULUTH CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CHIEF ADMINISTRATIVE OFFICER. -- PASSED

 

07-0496R - RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO SECTION 26 OF THE DULUTH CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CITY ATTORNEY. -- PASSED

 

COMMITTEE 3


BY COUNCILOR JOHNSON               (PUBLIC WORKS & UTILITIES)


07-0447R - RESOLUTION ACCEPTING A GRANT FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE CONSTRUCTION OF THE LAKEWALK EAST TRAIL EXTENSION PHASE II IN THE AMOUNT OF $130,000. -- PASSED

 

07-0468R - RESOLUTION AMENDING RESOLUTION 07-0284 AWARDING CONTRACT WITH NORTHWEST SEALING, INC., FOR YEAR 2007 CRACK SEALING, TO INCREASE THE AMOUNT BY $15,500 FOR A NEW TOTAL OF $48,702.50. -- PASSED

 

07-0490R - RESOLUTION AUTHORIZING CITY OFFICIALS TO ENTER INTO A CONTRACT WITH MORTON INTERNATIONAL, INC., MORTON SALT DIVISION, FOR ROAD SALT AS NEEDED FOR THE 2007 - 2008 YEAR FOR AN ESTIMATED AMOUNT OF $516,780.60. -- PASSED

 

07-0491R - RESOLUTION AUTHORIZING CITY OFFICIALS TO AWARD CONTRACTS ON A PER LINE ITEM BASIS TO SIX VENDORS - CAPP INC., DEY DISTRIBUTING, FERGUSON ENTERPRISE, GRAINGER INDUSTRIAL SUPPLY, JOHNSTONE SUPPLY AND UNITED REFRIGERATION, INC. - FOR THE PURCHASE OF VARIOUS APPLIANCE/FURNITURE PARTS DURING YEAR 2007 AT A TOTAL ESTIMATED AMOUNT OF $47,168.05. -- PASSED

 

07-0492R - RESOLUTION AUTHORIZING CITY OFFICIALS TO ENTER INTO A CONTRACT WITH GERARD CHIMNEY COMPANY FOR PROFESSIONAL SERVICES IN THE INSPECTION, CONDITION ASSESSMENT AND RECOMMENDATIONS FOR REPAIR OF THE CHIMNEY AT THE DULUTH STEAM PLANT FACILITY LOCATED AT ONE LAKE DRIVE IN DULUTH, MINNESOTA, FOR A TOTAL ESTIMATED AMOUNT OF $11,400. -- PASSED

 

07-0497R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF JOHN AND PEGGY CLOUTIER IN THE AMOUNT OF $10,401.52. -- PASSED

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


07-0314R - RESOLUTION TO ESTABLISH A ONE-STALL ACCESSIBLE PARKING ZONE AT 5216 JUNIATA STREET. -- PASSED

 

07-0315R - RESOLUTION TO ESTABLISH A ONE-STALL ACCESSIBLE PARKING ZONE AT 310 EAST SEVENTH STREET. -- PASSED

 

07-0488R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN WEST DULUTH ON AUGUST 3, 2007, IN CONJUNCTION WITH SPIRIT VALLEY DAYS AND SUBJECT TO CERTAIN CONDITIONS. -- PASSED

 

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


07-0498R - RESOLUTION AUTHORIZING CITY OFFICIALS TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH LOUISE M. BEYEA, D.V.M., TO PROVIDE VETERINARY HEALTH CARE FOR ANIMALS AT THE LAKE SUPERIOR ZOO FOR A TOTAL ESTIMATED AMOUNT NOT TO EXCEED $10,000. -- PASSED

 

07-0499R - RESOLUTION AUTHORIZING A PARKING CONCESSION AGREEMENT AT THE PLAYFRONT PARKING LOT DURING THE BAYFRONT BLUES FESTIVAL WITH THE DULUTH POLICE EXPLORER POST 244. -- PASSED

 

END OF CONSENT AGENDA


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The following entitled resolutions are also for consideration at this meeting:


COMMITTEE 1

 

BY COUNCILOR STEWART

 

07-0511R - RESOLUTION AUTHORIZING EXECUTION OF A SUPPLEMENTAL LABOR AGREEMENT WITH THE CONFIDENTIAL UNIT OF THE CITY OF DULUTH, REPRESENTED BY UNITE HERE LOCAL 150. -- PASSED

 

07-0512R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND THE CONFIDENTIAL UNIT OF THE CITY OF DULUTH, REPRESENTED BY UNITE HERE LOCAL 150, FOR THE YEARS 2007-2009. -- PASSED


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


07-0509R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF GRANDMA’S ANGIE’S INC. (LITTLE ANGIE’S CANTINA), 11 EAST BUCHANAN STREET. -- Fails 3-5 (Little, Reinert, Stauber)

 

07-0510R - RESOLUTION DENYING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF GRANDMA’S ANGIE’S INC. (LITTLE ANGIE’S CANTINA), 11 EAST BUCHANAN STREET. -- PASSED 5-3 (Little, Reinert, Stauber)

 

BY COUNCILOR GILBERT                               (PERSONNEL)


07-0459R(a) - RESOLUTION CONFIRMING THE REAPPOINTMENT OF MARSHA SIGNORELLI TO THE ENTERTAINMENT AND CONVENTION CENTER AUTHORITY. -- PASSED

 

07-0459R(b) - RESOLUTION CONFIRMING THE REAPPOINTMENT OF MARTI BUSCAGLIA TO THE ENTERTAINMENT AND CONVENTION CENTER AUTHORITY. -- FAILED 4-4 (Johnson, Krause, Little, Stauber)

 

COMMITTEE 2

 

BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

07-0501R - RESOLUTION OBJECTING TO THE PROPOSED RECLASSIFICATION TO NONCONSERVATION AND SALE OF CERTAIN TAX FORFEITED PARCELS BY THE BOARD OF COMMISSIONERS OF SAINT LOUIS COUNTY (JUNE 8, 2007, RECLASSIFICATION). -- PASSED AS AMENDED 6-2 (Krause, Stover)

 

07-0503R - RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE- AND TWO-FAMILY RESIDENTIAL, TO C-1, COMMERCIAL, PROPERTY AT THE SOUTHWEST CORNER OF WOODLAND AVENUE AND NORTON STREET (CAROL ANDERSON). -- TABLED

07-0507R - RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION FROM R-3, APARTMENT RESIDENTIAL, TO C-1, COMMERCIAL, A TRIANGLE-SHAPED BLOCK OF PROPERTY BOUNDED BY GRAND AVENUE, SOUTH 69TH AVENUE WEST AND SHERBURNE STREET (MICHAEL KOSKI, WKK, INC.). -- TABLED

 

COMMITTEE 3


BY COUNCILOR JOHNSON               (PUBLIC WORKS & UTILITIES)

 

07-0502R - RESOLUTION AWARDING A CONTRACT TO STOUT MECHANICAL, INC. FOR CONSTRUCTION OF LAKEWALK EAST EXTENSION FROM 26TH AVENUE EAST TO 36TH AVENUE EAST, IN THE AMOUNT OF $821,471. -- TABLED 7-1 (Reinert)


07-0508R - RESOLUTION AUTHORIZING ADDENDUM TO CONTRACT NO. 20429 WITH CLYDE INDUSTRIAL PARK, INC., AUTHORIZING REIMBURSEMENT FOR STORM SEWER CONSTRUCTION NOT TO EXCEED $104,612. (REPLACEMENT) -- FAILS 3-4-1 (Johnson, Reinert, Stover) (Ness abstained)


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


The following entitled ordinances were read for the first time:

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


07-045-O - A SECOND ORDINANCE AMENDING ORDINANCE 9828 ADDING A PLAT NAME TO THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY. -- 1st READING


07-046-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 38, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE- AND TWO-FAMILY RESIDENTIAL TO C-1, COMMERCIAL, PROPERTY AT THE SOUTHWEST CORNER OF WOODLAND AVENUE AND NORTON STREET (CAROL ANDERSON). -- 1st READING


07-048-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 12 AND 14, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-3, APARTMENT RESIDENTIAL, TO C-1, COMMERCIAL, A TRIANGLE-SHAPED BLOCK OF PROPERTY BOUNDED BY GRAND AVENUE, SOUTH 69TH AVENUE WEST AND SHERBURNE STREET (MICHAEL KOSKI, WKK, INC.). -- 1st READING

 

07-051-O - AN ORDINANCE AMENDING SECTION 29A-32 OF THE DULUTH CITY CODE 1959, AS AMENDED, RELATING TO RENTAL LICENSING. -- 1st READING


BY PRESIDENT STOVER                   (COMMITTEE OF THE WHOLE)


07-049-O - AN ORDINANCE AMENDING SECTION 19 OF THE CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CHIEF ADMINISTRATIVE OFFICER. -- 1st READING


07-050-O - AN ORDINANCE AMENDING SECTION 26 OF THE CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CITY ATTORNEY. -- 1st READING


COMMITTEE 3


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


07-044-O - AN ORDINANCE GOVERNING PARKING ON NON-SNOW EMERGENCY ROUTES DURING SNOW EMERGENCIES, AMENDING SECTIONS 33-97.1, 33-97.3, 33-97.4 AND 33-97.8 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- 1st READING

 

07-047-O - AN ORDINANCE REPEALING ARTICLE XX OF CHAPTER 2 OF THE CITY CODE RELATING TO THE SISTER CITY COMMISSION. -- 1st READING


The following entitled ordinances were read for the second time:

 

Councilor Gilbert took his seat.


COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


07-041-O - AN ORDINANCE REGULATING RUBBISH AND TALL GRASS, AMENDING SECTIONS 24-6 AND 24-37 OF THE DULUTH CITY CODE.  (REPLACEMENT) -- PASSED AS AMENDED 5-4 (Little, Reinert, Stewart, Stover)

 

COMMITTEE 3


BY COUNCILOR JOHNSON               (PUBLIC WORKS & UTILITIES)


07-042-O - AN ORDINANCE ALIENATING CERTAIN PROPERTY IN WEST DULUTH AND AUTHORIZING SALE OF SAME TO LEONARD A. AND AVIS R. GRECINGER FOR $4,584.40.  (AS AMENDED ON 7/9) -- PASSED UNANIMOUSLY


07-043-O - AN ORDINANCE ALIENATING CERTAIN PROPERTY IN WEST DULUTH AND AUTHORIZING SALE OF SAME TO WESLEY C. BRADFORD FOR $1,931.10.  (AS AMENDED ON 7/9) -- PASSED UNANIMOUSLY


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