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ACTIONS
DULUTH CITY COUNCIL MEETING

Tuesday, May 27, 2008

 

ROLL CALL -- ABSENT:  Krause

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RESOLUTION TABLED


COMMITTEE 2


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 5/12) -- PASSED 5-3-1 (Fedora, Fosle, Stauber)

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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)


08-0318R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO DULUTH POLICE SOFTBALL TEAM, WHEELER FIELD. -- PASSED


08-0319R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSES OF VARIOUS LICENSEES. -- PASSED

 

08-0321R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO LESTER PARK HOCKEY, WELCH CENTER AND CLIMB THEATRE. -- PASSED


08-0322R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR NORTHERN LIGHTS FOUNDATION. -- PASSED


08-0331R - RESOLUTION AUTHORIZING LEASE AGREEMENT WITH FRESH AIR FITNESS, LLP, FOR LEASING OF ENDION STATION. -- PASSED


BY COUNCILOR GARDNER                     (PERSONNEL)


08-0313R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF MANAGER, HUMAN RESOURCES, HEALTHCARE AND SAFETY, AND SPECIFYING CONTRACT BENEFITS FOR SAME. -- PASSED

 

08-0340R - RESOLUTION AMENDING RESOLUTION 08-0307, CONFIRMING THE APPOINTMENT OF PATRICIA S. TYLER TO THE COMMUNITY DEVELOPMENT COMMITTEE, TO REAPPOINT JOSEPH MATTHES AND APPOINT PATRICIA S. TYLER, REPLACING JEFFERY D. ANDERSON. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER   (PLANNING & ECONOMIC DEVELOPMENT)

 

08-0332R - RESOLUTION REQUESTING THE WESTERN LAKE SUPERIOR SANITARY DISTRICT AMEND ITS URBAN SERVICES BOUNDARY TO INCLUDE APPROXIMATELY 1,000 ACRES OF LAND ON THE NORTH SHORE UPSLOPE FROM THE HIGHWAY 61 EXPRESSWAY TO ALLOW SANITARY SEWERS TO BE EXTENDED INTO THE AREA IN THE FUTURE. -- PASSED


BY PRESIDENT REINERT          (COMMITTEE OF THE WHOLE)

 

08-0333R - RESOLUTION IN SUPPORT OF A GRANT APPLICATION IN THE AMOUNT OF $10,000 TO MINNESOTA POLLUTION CONTROL AGENCY FOR MATCHING FUNDS TO DEVELOP A MODEL OF ENERGY USE IN THE CITY AND DEVELOP A STRATEGY TO CONSERVE ENERGY. -- PASSED


08-0334R - RESOLUTION IN SUPPORT OF A GRANT APPLICATION IN THE AMOUNT OF $10,000 TO DULUTH SUPERIOR AREA COMMUNITY FOUNDATION FOR MATCHING FUNDS TO MODEL DULUTH’S CARBON EMISSIONS AND DEVELOP AND IMPLEMENT A PLAN TO REDUCE SAME. -- PASSED

 

08-0345R - RESOLUTION ACCEPTING A GIFT OF $25,000 FROM THE DULUTH-SUPERIOR AREA COMMUNITY FOUNDATION. -- PASSED

 

COMMITTEE 3


BY COUNCILOR FOSLE             (PUBLIC WORKS & UTILITIES)


08-0316R - RESOLUTION AMENDING RESOLUTION 07-0720 AMENDING A CONTRACT TO AYRES ASSOCIATES, INC., FOR PROFESSIONAL ENGINEERING SERVICES, TO INCREASE THE AMOUNT BY $34,425 FOR A NEW TOTAL OF $174,257. -- PASSED


08-0327R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH MONROE TRUCK EQUIPMENT, INC., FOR THE PURCHASE AND INSTALLATION OF TWO DUMP BODIES WITH HOISTS AND ACCESSORIES ON TWO 2009 STERLING SINGLE CAB AND CHASSIS UNITS IN THE AMOUNT OF $115,286.25. -- PASSED


08-0330R - RESOLUTION AWARDING A CONTRACT TO A-1 EXCAVATING, INC., FOR CONSTRUCTION OF YEAR 2008 STREET IMPROVEMENT OF MORLEY HEIGHTS IN THE AMOUNT OF $955,088.65. -- PASSED


08-0335R - RESOLUTION AWARDING A CONTRACT TO DULUTH SUPERIOR ERECTION, INC., FOR CONSTRUCTION OF YEAR 2008 DOWNTOWN BRICK RESTORATION, PHASE IV, IN THE AMOUNT OF $99,110. -- PASSED


08-0336R - RESOLUTION AWARDING A CONTRACT TO LEVINE & SON, INC., FOR CONSTRUCTION OF HIGH PRESSURE GAS MAINS AND SERVICES IN VARIOUS LOCATIONS IN THE AMOUNT OF $339,375. -- PASSED


08-0337R - RESOLUTION AWARDING A CONTRACT TO DULUTH SUPERIOR ERECTION, INC., FOR 22ND AVENUE WEST STORM SEWER (COFFEE CREEK) REPAIR IN THE AMOUNT OF $59,570. -- PASSED


08-0338R - RESOLUTION AUTHORIZING AGREEMENT WITH JOHN E. BOVEE REVOCABLE TRUST TO PURCHASE CERTAIN PROPERTY AT 21ST AVENUE EAST AND WATER STREET FOR $589,000. -- PASSED


08-0339R - RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC., FOR THE YEAR 2009 MUNICIPAL STATE AID TURNBACK PROJECT LOCATED ON SECOND STREET BETWEEN MESABA AVENUE AND 24TH AVENUE EAST AND SIXTH AVENUE EAST BETWEEN SECOND STREET AND THIRD STREET IN THE ESTIMATED AMOUNT OF $159,972. -- PASSED


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-0317R - RESOLUTION GOVERNING THE SEASONAL DEER HUNT IN DULUTH; SETTING RULES AND STANDARDS; PROVIDING FOR A MANAGING AGENT; SUPERSEDING RESOLUTION 05-0306, AS AMENDED BY RESOLUTION 05-0434. -- PASSED

 

END OF CONSENT AGENDA

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The following entitled resolutions were also considered:


COMMITTEE 1


BY COUNCILOR KRAUSE           (PURCHASING & LICENSING)

 

08-0320R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM ZOOCH OF DULUTH, LLC (TEATRO ZUCCONE), 222 EAST SUPERIOR STREET TO ZEITGEIST ARTS, LLC (ZEITGEIST ARTS), SAME ADDRESS. -- PASSED 7-0-1-1 (Cuneo abstained)

 

COMMITTEE 2

 

BY COUNCILOR STAUBER  (PLANNING & ECONOMIC DEVELOPMENT)

 

08-0324R - RESOLUTION AUTHORIZING TRANSFER OF $45,000 IN CDBG FUNDS AND $122,391 IN HOME FUNDS AND AMENDMENTS TO THE 2006 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM NORTHERN COMMUNITIES LAND TRUST (NCLT) DECONSTRUCTION – RECONSTRUCTION PROJECT AGREEMENT AND THE 2006 HOME HOUSING DEVELOPMENT PROJECTS NCLT CITY HOMES PHASE V AGREEMENT; INCREASING THE FUNDING AND EXTENDING THE TERMS OF THESE AGREEMENTS. -- PASSED 7-1-1 (Stauber)


08-0325R - RESOLUTION AUTHORIZING TRANSFER OF $18,000 IN 2008 HOME FUNDS AND AMENDMENTS TO THE 2008 HOME PROGRAM NORTHERN COMMUNITIES LAND TRUST (NCLT) CHDO DEVELOPMENT AND OPERATING GRANT AGREEMENT; INCREASING THE FUNDING OF THE AGREEMENT. -- PASSED 7-1-1 (Stauber)


08-0326R - RESOLUTION AUTHORIZING A COMMUNITY BLOCK GRANT (CDBG) PROGRAM REVOLVING LOAN FUND PROJECT AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF DULUTH. -- PASSED UNANIMOUSLY


08-0328R - RESOLUTION DENYING AMENDMENTS TO CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, AMENDING PUBLIC DOCUMENT N0. 03-0324-15 ENTITLED “RAMSEY VILLAGE NEIGHBORHOOD DOCUMENTS OF IMPLEMENTATION” (SVCNDA). -- TABLED FOR CONSIDERATION WITH ORDINANCE 08-037 ON 6/9

 

08-0329R - RESOLUTION AUTHORIZING TRANSFER OF $55,889 IN 2007 HOME FUNDS AND TRANSFER OF $6,487 IN 2006 HOME FUNDS AND AMENDMENTS TO THE 2007 HOME PROGRAM CENTER CITY HOUSING CORPORATION (CCHC) MEMORIAL PARK APARTMENTS GRANT AGREEMENT; INCREASING THE FUNDING OF THE AGREEMENT. (REPLACEMENT) -- PASSED 7-1-1 (Stauber)

 

BY PRESIDENT REINERT          (COMMITTEE OF THE WHOLE)

 

08-0323R - RESOLUTION DESIGNATING POLLING PLACES FOR THE SEPTEMBER 9, 2008, STATE PRIMARY ELECTION AND THE NOVEMBER 4, 2008, STATE GENERAL ELECTION. -- AMENDED & PASSED UNANIMOUSLY

 

BY COUNCILORS ANDERSON, GARDNER AND STAUBER


08-0341R - RESOLUTION DESIGNATING CERTAIN TRAILS AND AREAS FOR USE AS OFF-LEASH DOG TRAILS AND AREAS. -- TABLED FOR PLANNING COMMISSION REVIEW

 

BY PRESIDENT REINERT          (COMMITTEE OF THE WHOLE)

 

08-0342R - RESOLUTION RETAINING JOHNSON, KILLEN & SEILER AS SPECIAL COUNSEL TO ASSIST THE CITY ATTORNEY IN RETIREE HEALTH CARE LITIGATION, NOT TO EXCEED $50,000. -- TABLED TO 5/30

 

08-0343R - RESOLUTION RETAINING ORMAN, NORD, SPOTT & HURD AS SPECIAL COUNSEL TO ASSIST THE CITY ATTORNEY IN RETIREE HEALTH CARE LITIGATION, NOT TO EXCEED $50,000. -- TABLED TO 5/30

 

08-0344R - RESOLUTION RETAINING KENNEDY & GAVEN, CHARTERED AS SPECIAL COUNSEL TO ASSIST THE CITY ATTORNEY IN RETIREE HEALTH CARE LITIGATION, NOT TO EXCEED $50,000. -- TABLED TO 5/30

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE 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


The following entitled ordinances were read for the first time:


COMMITTEE 2


BY COUNCILOR STAUBER   (PLANNING & ECONOMIC DEVELOPMENT)


08-037-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, AMENDING PUBLIC DOCUMENT NO. 03-0324-15 ENTITLED “RAMSEY VILLAGE NEIGHBORHOOD DOCUMENTS OF IMPLEMENTATION” (SVCNDA). -- 1st READING


08-038-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, PROPERTY AT 404 WEST MYRTLE STREET (KOEHLER/CMRA). -- 1st READING


08-039-O - AN ORDINANCE AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO HRLBUT-ZEPPA CHARITABLE TRUST FOR TWO MARQUEE’S TO PROJECT INTO AND OVER THE RIGHT-OF WAY OF EAST SUPERIOR STREET, FOR PROPERTY LOCATED AT 222 EAST SUPERIOR STREET (AH ZEPPA FAMILY FOUNDATION). -- 1st READING

 

BY PRESIDENT REINERT AND COUNCILOR ANDERSON

 

08-041-O - AN ORDINANCE AMENDING SECTION 29A-27 AND ADDING A NEW SECTION 29A-32.1 OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO RENTAL LICENSING. -- 1st READING

 

The following entitled ordinances were read for the second time:


COMMITTEE 2


BY COUNCILOR STAUBER, ANDERSON AND GARDNER


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. -- TABLED FOR PLANNING COMMISSION REVIEW


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. -- FAILED 4-4-1 (Nays:  Fedora, Fosle, Gilbert, Stauber)


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. -- PASSED UNANIMOUSLY


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