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ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, February 11, 2008

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES - November 26 and 30, 2007. -- APPROVED

 

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RESOLUTIONS TABLED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-0013R - RESOLUTION DENYING A CONCURRENT USE PERMIT TO ACES ON FIRST FOR THE SIDEWALK ABUTTING 113 WEST FIRST STREET (NICK PATRONAS). (RETABLED 1/28) -- REMAINED ON TABLE


08-0014R - RESOLUTION DENYING A CONCURRENT USE PERMIT TO MR. D’S BAR AND GRILL FOR AWNINGS AT 5622 GRAND AVENUE (AL TERWEY). (RETABLED 1/28) -- FAILED UNANIMOUSLY


08-0047R - RESOLUTION DENYING A CONCURRENT USE PERMIT TO THE DULUTH TRANSIT AUTHORITY (DTA) FOR A BUS SHELTER ON GARFIELD AVENUE. (TABLED 1/28 FOR CONSIDERATION WITH 08-004-O) -- FAILED UNANIMOUSLY


08-0066R - RESOLUTION AMENDING THE STANDING RULES OF THE CITY COUNCIL TO DELETE RULE 18 REGARDING BUSINESS SUBSIDY RESOLUTIONS IN ITS ENTIRETY. (TABLED 1/28) -- PASSED 8-1 (Krause)


08-0081R - RESOLUTION AMENDING RULE 14 OF THE STANDING RULES OF THE CITY COUNCIL PERTAINING TO COMMITTEE APPOINTMENTS. (TABLED 1/28) -- WITHDRAWN FROM AGENDA

 

08-0082R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE AUTHORITY AND TO PROVIDE FOR THE APPOINTMENT AND REMOVAL OF DEDA’S EXECUTIVE DIRECTOR BY THE COMMISSIONERS SUBJECT TO CITY COUNCIL APPROVAL AND FURTHER SUBJECT TO VETO BY THE MAYOR. (TABLED 1/28) -- WITHDRAWN FROM AGENDA


08-0084R - RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE- AND TWO-FAMILY RESIDENTIAL DISTRICT, TO C-5, PLANNED COMMERCIAL DISTRICT, THREE ACRES OF PROPERTY ON THE NORTH SIDE OF CENTRAL ENTRANCE BETWEEN MYRTLE STREET/ANDERSON.ROAD AND MIDAS SERVICE CENTER (ANDRESS/CMRA). (TABLED 1/28 FOR CONSIDERATION WITH 08-009-O) -- FAILED UNANIMOUSLY


08-0087R - RESOLUTION APPROVING A SPECIAL USE PERMIT TO A&L PROPERTIES FOR A RESIDENTIAL CARE FACILITY. (TABLED 1/28 FOR 2/11 COMMITTEE MEETING)  (AMENDMENTS) -- AMENDED & PASSED 6-1-2 (Nays:  Gardner; Abstentions: Fedora, Reinert)


08-0088R - RESOLUTION DENYING A SPECIAL USE PERMIT TO A&L PROPERTIES FOR A RESIDENTIAL CARE FACILITY. (AMENDMENT) (TABLED 1/28 FOR 2/11 COMMITTEE MEETING) -- AMENDED & FAILED 1-6-2 (Yeas:  Gardner; Abstentiones: Fedora, Reinert)


08-0093R - RESOLUTION APPROVING A SPECIAL USE PERMIT TO A&L PROPERTIES FOR A 10,000 SQUARE FOOT MEDICAL CLINIC. (TABLED 1/28 FOR 2/11 COMMITTEE MEETING) (AMENDMENTS) -- AMENDED & PASSED 6-1-2 (Nays:  Gardner; Abstentions: Fedora, Reinert)


08-0094R - RESOLUTION DENYING A SPECIAL USE PERMIT TO A&L PROPERTIES FOR A 10,000 SQUARE FOOT MEDICAL CLINIC. (AMENDMENT) (TABLED 1/28 FOR 2/11 COMMITTEE MEETING) -- AMENDED & FAILED 1-6-2 (Yeas:  Gardner; Abstentions: Fedora, Reinert)


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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 KRAUSE                   (PURCHASING & LICENSING)


08-0108R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH XEROX CORPORATION FOR COPIER RENTAL AND MAINTENANCE SERVICES DURING 2008 IN THE AMOUNT OF $51,125.51. -- PASSED


08-0126R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF MINNESOTA NIGHTS, INC. (THE TAP ROOM), 402 WEST FIRST STREET. -- PASSED


08-0127R - RESOLUTION ISSUING AN ON SALE INTOXICATING LIQUOR LICENSE TO BLUE SKY DULUTH, INC. (OLY’S DULUTH PUB), 323 WEST FIRST STREET. (REPLACEMENT) -- PASSED


08-0128R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH ZIPSORT, INC., FOR POSTAGE AND DAILY MAILING SERVICES DURING YEAR 2008 AT THE ESTIMATED AMOUNT OF $203,000. -- PASSED


08-0133R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO PIEDMONT HEIGHTS HOCKEY ASSOCIATION AND THE WELCH CENTER. -- PASSED


08-0134R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR UMD DUCKS UNLIMITED, ROTARY CLUB OF DULUTH - HARBORTOWN, DULUTH EAST ATHLETIC ASSOCIATION, AND RUFFED GROUSE SOCIETY. -- PASSED


BY COUNCILOR GARDNER                             (PERSONNEL)


08-0099R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF POLICE OFFICER. -- PASSED


08-0101R - RESOLUTION CONFIRMING THE APPOINTMENTS OF JENNIFER BAUMANN AND SCOTT CHRISTENSEN TO THE WATER AND GAS SERVICE HEARING BOARD, REPLACING MARSHA EDGERTON AND DONALD MANTAY. -- PASSED


08-0106R - RESOLUTION CONFIRMING THE APPOINTMENT OF ROB KARWATH TO THE DULUTH LEGACY ENDOWMENT FUND PROJECT GROUP, REPLACING SANDY CARLSON. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-0007R - RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC STREET, ROADWAY AND UTILITY PURPOSES FROM THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. -- PASSED


08-0107R - RESOLUTION AUTHORIZING A DECREASE OF $25,033 IN THE 2008 HUD HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM. -- PASSED


08-0114R - RESOLUTION FOR ACCEPTANCE OF A GRANT OF $79,000 FROM MINNESOTA DEPARTMENT OF TRANSPORTATION TO DEVELOP A SKYLINE PARKWAY WAYFINDING PLAN. -- PASSED


08-0115R - RESOLUTION ACCEPTING DONATION OF $10,000 FROM AN ANONYMOUS DONOR FOR THE SKYLINE WAYFINDING PLAN. -- PASSED


08-0118R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE MINNESOTA HOUSING FINANCE AGENCY RELATED TO THE LOW INCOME HOUSING TAX CREDIT PROGRAM. -- PASSED

 

08-0122R - RESOLUTION AUTHORIZING AGREEMENT WITH MAURICES INCORPORATED FOR LEASING OF SPACE IN THE CONEY RAMP FOR AN EMERGENCY GENERATOR FACILITY. -- PASSED


08-0132R - RESOLUTION SUPPORTING ATTENDANCE AT THE NATIONAL LEAGUE OF CITIES BUILDING EQUITABLE COMMUNITIES TECHNICAL ASSISTANCE ROUNDTABLE. -- PASSED

 

BY COUNCILOR FEDORA           (INTERGOVERNMENTAL RELATIONS)


08-0116R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AND ACCEPT FUNDS FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR PROVISION OF WORKFORCE INVESTMENT ACT TITLE I SERVICES, MINNESOTA YOUTH PROGRAM SERVICES AND OLDER AMERICAN PROGRAM SERVICES FOR THE PERIOD 2008 - 2011. -- PASSED


COMMITTEE 3

 

BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-0102R - RESOLUTION AUTHORIZING EASEMENT, CONSTRUCTION AND ASSESSMENT AGREEMENT WITH THE SIMON PROPERTY GROUP ACCEPTING EASEMENTS AND WAIVING ASSESSMENTS PERTAINING TO ROAD CONSTRUCTION ON MILLER HILL. -- PASSED


08-0103R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH BFI - LAKE AREA LANDFILL FOR THE DISPOSAL OF HAZARDOUS MATERIALS DURING YEAR 2008 AT AN ESTIMATED AMOUNT OF $11,200. -- PASSED

 

08-0104R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH LEEF SERVICES FOR LAUNDRY SERVICES AND RENTAL OF MISCELLANEOUS ITEMS DURING YEAR 2008 AT AN ESTIMATED AMOUNT OF $50,000. -- PASSED


08-0109R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH MACQUEEN EQUIPMENT, INC., FOR O.E.M. REPLACEMENT PARTS FOR ELGIN AND VACTOR EQUIPMENT AS NEEDED DURING YEAR 2008 AT AN ESTIMATED AMOUNT OF $30,000. -- PASSED


08-0110R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH TRAFFIC CONTROL CORPORATION FOR THE PURCHASE OF TRAFFIC SIGNAL CONTROLLERS, CABINETS, TELEMETRY MODULES AND PERIPHERAL EQUIPMENT FOR A TOTAL AMOUNT OF $45,672.53. -- PASSED

 

08-0113R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF SKY SUNDAY IN THE AMOUNT $13,722.21. -- PASSED


08-0117R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH THANE HAWKINS POLAR CHEVROLET FOR THE PURCHASE OF TWO 2008 CHEVROLET SILVERADO PICKUP TRUCKS IN THE AMOUNT OF $60,556.60. -- PASSED


08-0124R - RESOLUTION AMENDING RESOLUTIONS 05-0721 AND 07-0225 AUTHORIZING CITY OFFICIALS TO EXTEND THE CONTRACT WITH COMO OIL AND PROPANE COMPANY THROUGH DECEMBER 31, 2008, AN INCREASE OF $74,298.66, FOR A NEW CONTRACT TOTAL OF $255,165.25. -- PASSED


08-0125R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH SERVICE ELECTRIC OF SUPERIOR FOR COMPLETING SMALL ELECTRICAL WORK DURING YEAR 2008, INCLUDING LABOR AND MATERIALS, AT VARIOUS CITY LOCATIONS AT THE ESTIMATED AMOUNT OF $30,000. -- PASSED


08-0129R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH HYDRO METERING TECHNOLOGY FOR THE PURCHASE AND DELIVERY OF BADGER WATER METER PARTS DURING YEAR 2008 AT AN ESTIMATED AMOUNT OF $37,300. -- PASSED


08-0130R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH DRESSER, INC., FOR THE PURCHASE AND DELIVERY OF ROOTS NATURAL GAS METERS DURING YEAR 2008 IN THE AMOUNT OF $23,554.60. -- PASSED


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


08-0100R - RESOLUTION AUTHORIZING THE BUILDING OFFICIAL TO ABATE CERTAIN NUISANCES BY REMOVAL OF STRUCTURALLY UNSOUND BUILDINGS IN THE CITY IN AN AMOUNT NOT TO EXCEED $26,000. -- PASSED


08-0105R - RESOLUTION ACCEPTING HOMELAND SECURITY GRANT IN THE AMOUNT OF $268,000 FOR REPLACEMENT OF SELF CONTAINED BREATHING APPARATUS AND COMMITTING LOCAL MATCH. -- PASSED


08-0111R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH STREICHER’S, INC., FOR THE PURCHASE OF POLICE FIREARMS, HOLSTERS AND AMMUNITION IN THE TOTAL AMOUNT OF $57,653.78. (REPLACEMENT) -- PASSED


08-0120R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH ST. LOUIS COUNTY DEPARTMENT OF COMMUNICATIONS FOR COMPUTER-AIDED DISPATCH SYSTEM ACCESS IN THE AMOUNT OF $26,160. -- PASSED


08-0121R - RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE A MAINTENANCE AGREEMENT WITH ST. LOUIS COUNTY FOR COMPUTER HARDWARE AND SOFTWARE ASSOCIATED WITH PARTICIPATION IN NEMESIS (NORTHEASTERN MINNESOTA ENFORCEMENT AND SAFETY INFORMATION SYSTEM) IN THE AMOUNT OF $27,500.28. -- PASSED


08-0123R - RESOLUTION AWARDING CONTRACT TO UNIFORM CONNECTION FOR POLICE UNIFORMS AS NEEDED DURING YEAR 2008 AT AN ESTIMATED AMOUNT OF $20,000. -- PASSED


08-0131R - RESOLUTION ACCEPTING DEPARTMENT OF JUSTICE OFFICE OF VIOLENCE AGAINST WOMEN GRANT IN THE AMOUNT OF $399,971 FOR IMPLEMENTATION OF ARREST PROGRAM. -- PASSED

 

END OF CONSENT AGENDA

 

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The following entitled resolutions were also considered:

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

08-0119R - RESOLUTION AUTHORIZING DECREASE OF $101,200 IN THE 2008 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. -- PASSED 8-1 (Krause)

 

08-0136R - RESOLUTION AUTHORIZING FIRST AMENDMENTS TO DEVELOPMENT AGREEMENT AND PROGRAM AGREEMENT PERTAINING TO THE DULUTH HERITAGE HOCKEY CENTER. -- TABLED & LATER REMOVED FROM TABLE -- PASSED 7-2 (Anderson, Krause)

 

BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)


08-0080R - RESOLUTION AUTHORIZING JOINT POWERS AGREEMENT WITH MULTIPLE PARTIES ESTABLISHING THE MINNEAPOLIS-DULUTH/SUPERIOR PASSENGER RAIL ALLIANCE. -- PASSED 6-3 (Fedora, Krause, Stauber)

 

COMMITTEE 3

 

BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)

 

08-0112R - RESOLUTION DECLARING PRIORITY OF SANITARY SEWER IMPROVEMENTS THAT PROTECT PUBLIC HEALTH AND PRESERVE LAKE SUPERIOR WATER QUALITY. -- PASSED UNANIMOUSLY

 

BY COUNCILORS ANDERSON AND CUNEO

 

08-0138R - RESOLUTION OF INTENT TO ENLARGE LESTER PARK. -- PASSED UNANIMOUSLY

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCES TABLED


COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


07-086-O - AN ORDINANCE AMENDING SECTIONS 45-103 AND 8-54 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO CONCURRENT USE PERMITS FOR EXPANSION OF ALCOHOLIC BEVERAGE SERVING AREAS. (REPLACEMENT) (TABLED 1/7 FOR REVIEW BY PLANNING & ALCOHOL, GAMBLING & TOBACCO COMMISSIONS) -- REMAINED ON TABLE


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-001-O - AN ORDINANCE GRANTING TO NICK PATRONAS, DBA ACES ON FIRST, A CONCURRENT USE PERMIT TO OCCUPY, SERVE AND MAINTAIN A COUNTER TO SERVE LIQUOR ON THE SIDEWALK ABUTTING 113 WEST FIRST STREET AND IMPOSING CERTAIN CONDITIONS, LIMITATIONS AND RESTRICTIONS IN RELATION TO SUCH CONCURRENT USE PERMIT. (TABLED 1/28) -- REMAINED ON TABLE


08-002-O - AN ORDINANCE GRANTING TO AL TERWEY, DBA MR. D’S BAR AND GRILL, A CONCURRENT USE PERMIT FOR FIXED AWNINGS TO PROJECT INTO AND OVER THE RIGHT-OF-WAY OF GRAND AVENUE AND RAMSEY STREET FOR PROPERTY LOCATED AT 5622 GRAND AVENUE. (TABLED 1/28) -- PASSED UNANIMOUSLY


The following entitled ordinance was read for the first time:


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-016-O - AN ORDINANCE AUTHORIZING SALE OF CERTAIN PROPERTY IN THE ONEOTA AREA NEAR THE INTERSECTION OF 39TH AVENUE WEST AND SECOND STREET TO RMN LLP FOR $13,500. -- 1st READING

 

The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILOR GILBERT                                  (FINANCE)


08-005-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $1,475,000 GENERAL OBLIGATION AERIAL LIFT BRIDGE IMPROVEMENT BONDS OF THE CITY OF DULUTH UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTIONS OF THE CITY COUNCIL AND LEVYING TAXES FOR THE PAYMENT THEREOF. -- PASSED 8-1 (Stauber)


08-013-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $3,506,250 GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL SEWER UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- PASSED 7-2 (Krause, Stauber)


08-014-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $3,825,000 GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL WATER UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- PASSED 7-2 (Krause, Stauber)


08-015-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $3,293,750 GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL GAS UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- PASSED 7-2 (Krause, Stauber)


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-004-O - AN ORDINANCE GRANTING TO DULUTH TRANSIT AUTHORITY A CONCURRENT USE PERMIT TO CONSTRUCT AND OCCUPY A BUS SHELTER ON GARFIELD AVENUE ACROSS FROM THE GOODWILL STORE IMPOSING CERTAIN CONDITIONS, LIMITATIONS AND RESTRICTIONS IN RELATION TO SUCH CONCURRENT USE PERMIT. -- PASSED UNANIMOUSLY


08-009-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 28, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE- AND TWO-FAMILY RESIDENTIAL DISTRICT, TO C-5, PLANNED COMMERCIAL DISTRICT, THREE ACRES OF PROPERTY ON THE NORTH SIDE OF CENTRAL ENTRANCE BETWEEN MYRTLE STREET/ANDERSON ROAD AND MIDAS SERVICE CENTER (ANDRESS/CMRA). -- PASSED UNANIMOUSLY


08-011-O - AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL PROPERTIES; AMENDING CITY CODE SECTION 29A-29 AND SECTION 29A-34, DECLARING MORATORIUM. -- FAILED 3-6 (Fedora, Fosle, Stauber)


BY COUNCILOR FEDORA           (INTERGOVERNMENTAL RELATIONS)


08-007-O - AN ORDINANCE AMENDING SECTION 2-172 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO HOUSING INVESTMENT FUND. (REPLACEMENT 2) -- FAILED 4-5 (Fedora, Fosle, Krause, Stauber)


08-010-O - AN ORDINANCE AMENDING CHAPTER 2 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADDING ARTICLE XXXIV - MINIMUM REQUIREMENTS FOR A PHYSICAL DEVELOPMENT FINANCED BY CITY. (REPLACEMENT) -- AMENDED & PASSED UNANIMOUSLY


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-006-O - AN ORDINANCE ALIENATING CERTAIN PROPERTY IN THE CENTRAL HILLSIDE AND AUTHORIZING SALE OF SAME TO RUSSELL STEWART FOR $2,860. -- PASSED 8-0-1 (Krause abstained)


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