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ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, May 12, 2008

 

ROLL CALL -- ABSENT:  Cuneo

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RESOLUTIONS TABLED


COMMITTEE 1


BY COUNCILOR GARDNER                        (PERSONNEL)


08-0268R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF JAMES P. BERRY, JON HELSTROM AND HOWARD JACOBS TO THE BUILDING APPEAL BOARD. (TABLED 4/28) -- PASSED 7-1-1 (Krause)


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-0281R - RESOLUTION DENYING AMENDMENTS TO ORDINANCE 9586 AMENDING TRADITIONAL NEIGHBORHOOD DISTRICT NO. 2, PROPERTY BOUNDED ON THE NORTH BY 13TH STREET, ON THE EAST BY CENTRAL ENTRANCE, ON THE SOUTH BY 11TH STREET AND ON THE WEST BY SECOND AVENUE WEST. (TABLED 4/28 FOR CONSIDERATION WITH 08-032-O) -- FAILED UNANIMOUSLY


COMMITTEE 3


BY COUNCILOR FOSLE                (PUBLIC WORKS & UTILITIES)


08-0248R - RESOLUTION ORDERING THE IMPROVEMENT KNOWN AS THE 2009 STREET IMPROVEMENT PROGRAM PURSUANT TO SECTION 61(b) OF THE HOME RULE CHARTER OF THE CITY OF DULUTH AT AN ESTIMATED COST OF $1,635,600. (REPLACEMENT) (TABLED 4/14 FOR COMMITTEE MEETING) -- PASSED UNANIMOUSLY


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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)


08-0294R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF MINNESOTA NIGHTS, INC. (TAP ROOM), 402 WEST FIRST STREET. -- PASSED


BY COUNCILOR GARDNER                        (PERSONNEL)


08-0295R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF MICHAEL HARGROVE AND THE APPOINTMENT OF JAMES F. WILLIAMS TO THE ANIMAL HUMANE BOARD, REPLACING JANIS STERN. -- PASSED

 

08-0296R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF CYNTHIA HAGLEY AND THE APPOINTMENT OF JOHN DOBERSTEIN TO THE ENVIRONMENTAL ADVISORY COUNCIL, REPLACING LOUISE CURNOW. -- PASSED


08-0307R - RESOLUTION CONFIRMING THE APPOINTMENT OF PATRICIA S. TYLER TO THE COMMUNITY DEVELOPMENT COMMITTEE, REPLACING JOSEPH MATTHES. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-0300R - RESOLUTION ACCEPTING A CERTIFIED LOCAL GOVERNMENT GRANT OF $4,605 FROM THE MINNESOTA STATE HISTORICAL SOCIETY AND A LOCAL MATCH OF $4,605, THAT INCLUDES A CASH MATCH OF $2,000 FROM THE DULUTH PRESERVATION ALLIANCE, A CASH MATCH OF $1,000 FROM CAROLYN SUNDQUIST, AND $1,605 WORTH OF IN-KIND SERVICES FROM THE CITY FOR THE EAST END RESIDENTIAL HISTORIC SURVEY PHASE II. -- PASSED

 

COMMITTEE 3


BY COUNCILOR FOSLE                (PUBLIC WORKS & UTILITIES)


08-0290R - RESOLUTION AUTHORIZING THE EXECUTION OF TWO SEPARATE AGREEMENTS WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES, FOR THE SUMMER MAINTENANCE OF THE CLYDE AVENUE (MUNGER ACCESS) AND RICE'S POINT BOAT LAUNCH SITES. -- PASSED


08-0298R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE OVER THE HILL NIGHT RIDERS SNOWMOBILE CLUB FOR GROOMING THE CROSS COUNTRY SNOWMOBILE TRAIL-WEST FOR AN AMOUNT NOT TO EXCEED $12,604. -- PASSED


08-0301R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR THE PURCHASE OF BITUMINOUS MATERIAL, HOT MIX FINE AND COLD MIX REGULAR, AS NEEDED FROM JUNE 1, 2008, THROUGH MAY 31, 2009, FOR AN ESTIMATED TOTAL OF $505,279.03. -- PASSED


08-0302R - RESOLUTION AWARDING A CONTRACT TO INSITUFORM TECHNOLOGIES USA, INC., FOR 2008 CURED-IN-PLACE PIPE (CIPP) REHABILITATION OF SANITARY SEWERS AT VARIOUS LOCATIONS IN THE AMOUNT OF $218,915. -- PASSED


08-0303R - RESOLUTION AWARDING A CONTRACT TO NELS NELSON & SONS, INC., FOR 2008 STREET IMPROVEMENT IN LAKESIDE-ROCKVIEW IN THE AMOUNT OF $1,349,995. -- PASSED

 

BY COUNCILOR CUNEO                          (PUBLIC SAFETY)


08-0297R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN CANAL PARK ON JUNE 21, 2008, IN CONJUNCTION WITH GRANDMA'S MARATHON AND SUBJECT TO CERTAIN CONDITIONS. -- PASSED

 

08-0305R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH MUNICIPAL EMERGENCY SERVICES, INC., FOR THE PURCHASE AND DELIVERY OF FIRE DEPARTMENT TURNOUT GEAR DURING CONTRACT YEAR JUNE 1, 2008, THROUGH MAY 31, 2009, FOR A TOTAL OF $63,090.39. -- PASSED


08-0306R - RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE A MAINTENANCE AGREEMENT WITH ST. LOUIS COUNTY IN YEAR 2008 FOR COMPUTER HARDWARE ASSOCIATED WITH PARTICIPATION IN A SHARED INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM CALLED NEMESIS FOR $52,582.16. -- PASSED


BY COUNCILOR ANDERSON   (RECREATION, LIBRARIES & AUTHORITIES)


08-0299R - RESOLUTION ACCEPTING UNCONDITIONAL GIFTS FROM THE FRIENDS OF THE DULUTH PUBLIC LIBRARY FOR THE BENEFIT OF THE LIBRARY. -- PASSED


08-0309R - RESOLUTION AUTHORIZING AGREEMENT WITH THE PARK POINT COMMUNITY CLUB FOR THE PARK POINT ART FAIR FOR $1,500 PER YEAR. -- PASSED


END OF CONSENT AGENDA

 

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The following entitled resolutions were also considered:

 

COMMITTEE 1


BY COUNCILOR GARDNER                        (PERSONNEL)

 

08-0315R - RESOLUTION ESTABLISHING SALARY AND EMPLOYMENT CONDITIONS FOR THE CITY ATTORNEY FOR YEARS 2008 AND 2009. -- PASSED 6-2-1 (Krause, Stauber)

 

COMMITTEE 2

 

BY COUNCILOR FEDORA        (INTERGOVERNMENTAL RELATIONS)

 

08-0310R - RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE ST. LOUIS AND LAKE COUNTIES REGIONAL RAILROAD AUTHORITY FOR EXCLUSIVE USE OF MUNICIPAL LOT D FOR THE PERIOD JUNE 1, 2008, THROUGH SEPTEMBER 30, 2008, AT NO COST TO AUTHORITY. -- PASSED 7-0-1-1 (Fedora abstained)

 

BY PRESIDENT REINERT             (COMMITTEE OF THE WHOLE)

 

08-0304R - RESOLUTION APPROVING BUDGET AND COST SHARING FORMULA OF MINNEAPOLIS-DULUTH/SUPERIOR PASSENGER RAIL ALLIANCE, ACCEPTING DONATIONS AND AUTHORIZING PAYMENT OF CITY’S COST SHARE OF $45,000. -- TABLED 6-2-1 (Fedora, Stauber)

 

08-0311R - RESOLUTION ESTABLISHING PROTOCOL FOR COUNCIL-ADMINISTRATION POLICY DEVELOPMENT. -- PASSED 7-1-1 (Krause)

 

COMMITTEE 3


BY COUNCILOR FOSLE                (PUBLIC WORKS & UTILITIES)

 

08-0308R - RESOLUTION CREATING THE AFFORDABLE HOUSING ENERGY CONSERVATION PROGRAM, APPROVING PROGRAM GUIDELINES AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS AND UTILITIES TO GRANT FUNDS TO PRIVATE PARTICIPANTS IN CONFORMANCE THEREWITH. -- PASSED UNANIMOUSLY

 

08-0312R - RESOLUTION COMMITTING TO A PLAN TO PROTECT PUBLIC HEALTH AND PRESERVE LAKE SUPERIOR BY ELIMINATING SANITARY SEWER OVERFLOWS. -- FAILED 4-4-1 (Nays:  Fedora, Gilbert, Krause, Stauber)

 

08-0314R - RESOLUTION AUTHORIZING AGREEMENT WITH WESTERN LAKE SUPERIOR SANITARY DISTRICT FOR DIVISION OF RESPONSIBILITY UNDER A CONSENT DECREE. -- PASSED UNANIMOUSLY

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE FOR RECONSIDERATION

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-008-O - AN ORDINANCE AUTHORIZING THE SALE OF A HALF ACRE UNDEVELOPED PARK IN LAKE VIEW MANOR DIVISION TO WHITE PINE DEVELOPMENT FOR $7,900.  (REPLACEMENT) -- PASSED UNANIMOUSLY

 

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ORDINANCES TABLED


COMMITTEE 1


BY COUNCILORS GILBERT AND GARDNER


08-020-O - AN ORDINANCE AMENDING SECTION 50-55.1 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO KEEPING CHICKENS IN CITY. (TABLED 4/28 FOR PLANNING COMMISSION REVIEW) -- REMAINED ON TABLE


COMMITTEE 3


BY COUNCILOR CUNEO                          (PUBLIC SAFETY)


08-029-O - AN ORDINANCE AMENDING SECTION 2-18.2 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO PRE-CHARGE DEFERRAL. (TABLED 4/28 FOR MORE INFORMATION) -- PASSED UNANIMOUSLY


The following entitled ordinances were read for the first time:

 

COMMITTEE 2


BY COUNCILORS STAUBER, GARDNER AND ANDERSON

 

08-035-O - AN ORDINANCE AUTHORIZING LICENSING OF UNLEASHED DOGS TO USE DESIGNATED AREAS AND TRAILS AMENDING SECTION 6-36 OF THE DULUTH CITY CODE, 1959, AS AMENDED AND ADDING NEW SECTIONS 6-36.1, 6-36.2 AND 6-36.3 TO ARTICLE IV OF CHAPTER 6 THEREOF. -- 1st READING


COMMITTEE 3

 

BY COUNCILOR FOSLE                (PUBLIC WORKS & UTILITIES)

 

08-036-O - AN ORDINANCE AMENDING SECTIONS 43-16, 43-25, 43-31, 43-33, 43-33.1, AND 43-36 AND ADDING NEW SECTIONS 43-11.1 AND 43-33.4 TO THE DULUTH CITY CODE, 1959, AS AMENDED, ALL PERTAINING TO PROTECTION OF WATER QUALITY AND THE ENVIRONMENT THROUGH IMPROVEMENTS IN THE WASTEWATER COLLECTION SYSTEM. -- 1st READING

 

BY COUNCILOR ANDERSON    (RECREATION, LIBRARIES & AUTHORITIES)


08-034-O - AN ORDINANCE AMENDING SECTION 6-77 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO HUNTING DEER. -- 1st READING


The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILOR GILBERT                             (FINANCE)


08-030-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF UP TO $41,500,000 GENERAL OBLIGATION DECC IMPROVEMENT BONDS OF THE CITY OF DULUTH UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTIONS OF THE CITY COUNCIL, PLEDGING CERTAIN FOOD AND BEVERAGE SALES TAX RECEIPTS AND OTHER REVENUES. -- PASSED UNANIMOUSLY


08-031-O - AN ORDINANCE IMPOSING AN ADDITIONAL THREE QUARTERS OF ONE PERCENT FOOD AND BEVERAGE TAX, AMENDING SECTIONS 42A-2, 42A-44 AND 42A-50 OF THE DULUTH CITY CODE. -- PASSED UNANIMOUSLY


BY COUNCILORS GARDNER AND CUNEO


08-033-O - AN ORDINANCE AMENDING SECTION 29A-32 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO RENTAL LICENSING. (AS AMENDED) -- AMENDED & PASSED 5-3-1 (Gilbert, Krause, Stauber)


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-032-O - AN ORDINANCE AMENDING ORDINANCE 9586 AMENDING TRADITIONAL NEIGHBORHOOD DISTRICT NO. 2, PROPERTY BOUNDED ON THE NORTH BY 13TH STREET, ON THE EAST BY CENTRAL ENTRANCE, ON THE SOUTH BY 11TH STREET AND ON THE WEST BY SECOND AVENUE WEST. -- PASSED UNANIMOUSLY


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