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ACTIONS
DULUTH CITY COUNCIL MEETING

Thursday, June 19, 2008

 

ROLL CALL -- ALL PRESENT

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RESOLUTION TABLED


COMMITTEE 3


BY COUNCILORS ANDERSON, STAUBER AND GARDNER


08-0341R - RESOLUTION DESIGNATING CERTAIN TRAILS AND AREAS FOR USE AS OFF-LEASH DOG TRAILS AND AREAS. (TABLED 5/27 FOR PLANNING COMMISSION REVIEW; 7/21 COMMITTEE MEETING) -- REMAINED ON TABLE


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MOTIONS AND RESOLUTIONS

 

The following entitled resolution was read for the first time, pursuant to Rule 15 of the City Council Standing Rules:

 

BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)

 

08-0405R - RESOLUTION AMENDING THE STANDING RULES - AGENDA MEETINGS. (REPLACMENT) -- 1st READING

 

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CONSENT AGENDA


All matters listed under the consent agenda were enacted by one unanimous motion.


COMMITTEE 1


BY COUNCILOR GILBERT                                  (FINANCE)


08-0371R - RESOLUTION APPROVING A SPIRIT MOUNTAIN RECREATION AREA AUTHORITY LEASE PURCHASE AGREEMENT FOR RENTAL EQUIPMENT IN THE APPROXIMATE AMOUNT OF $317,500. -- PASSED

 

08-0377R - RESOLUTION AUTHORIZING CLOSING SOFT CENTER BANK ACCOUNTS AND DEPOSITING FUNDS IN CAPITAL EQUIPMENT FUND 250 FOR ACQUISITION OF GIS MAPPING INTEGRATION CAPACITY. -- PASSED


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)

 

08-0365R - RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. -- PASSED


08-0366R - RESOLUTION ISSUING AN ON SALE INTOXICATING LICENSE AND ADDITIONAL BAR LICENSE TO BLACK WATER AT GREYSOLON, LLC (BLACK WATER AT GREYSOLON), 231 EAST SUPERIOR STREET. -- PASSED


08-0368R - RESOLUTION ISSUING AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO KHOE TRAN AND NHANH DINH (SAIGON CAFÉ), 2224 MOUNTAIN SHADOW DRIVE. -- PASSED

 

BY COUNCILOR GARDNER                             (PERSONNEL)


08-0364R - RESOLUTION CONFIRMING THE APPOINTMENT OF DAN KITZBERGER TO THE DULUTH HUMAN RIGHTS COMMISSION, REPLACING MARIA KRYNICKI. -- PASSED


08-0389R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF GRANT COORDINATOR. -- PASSED


08-0390R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF PROPERTY MANAGER. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-0374R - RESOLUTION APPROVING LAWS OF MINNESOTA 2008, CHAPTER 366, ARTICLE 5, SECTION 31 EXTENDING THE TIME FOR ACTIVITY IN TAX INCREMENT FINANCING DISTRICT NOS. 20 AND 21. -- PASSED

 

08-0398R - RESOLUTION VACATING BIRCH STREET BETWEEN GARFIELD AVENUE ALLEY AND COX AVENUE. -- PASSED

 

BY COUNCILOR FEDORA           (INTERGOVERNMENTAL RELATIONS)


08-0369R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH ELIZABETH MATHIAS, INDEPENDENT LICENSED TEACHER, TO PROVIDE BASIC EDUCATION SERVICES AT THE DULUTH WORKFORCE CENTER AT A COST OF $20,800. -- PASSED

 

COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-0370R - RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT NO. 91950 WITH MN/DOT TO PROVIDE FOR PAYMENT BY THE CITY OF THE CITY’S SHARE OF CONSTRUCTION COSTS RELATING TO THE RECONSTRUCTION OF MILLER TRUNK HIGHWAY AND ADJACENT FRONTAGE ROADS AND CITY STREETS. -- PASSED


08-0372R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH ABM EQUIPMENT & SUPPLY, LLC, FOR THE PURCHASE OF A SEWER EASEMENT MACHINE AND ACCESSORIES FOR A TOTAL AMOUNT OF $28,635.72. -- PASSED


08-0376R - RESOLUTION AMENDING RESOLUTION 06-0351 AMENDING METHOD OF CALCULATING CAPACITY CHARGES APPLICABLE TO STEAM DISTRICT NO. 1, EFFECTIVE IN 2009. -- PASSED


08-0379R - RESOLUTION AWARDING A CONTRACT TO NELS NELSON & SONS, INC., FOR 2008 WATERMAIN REPLACEMENT IN CONGDON BOULEVARD AND AVONDALE STREET IN THE AMOUNT OF $445,959.77. -- PASSED


08-0395R - RESOLUTION REQUESTING THE CHARTER COMMISSION TO RECOMMEND ADOPTION OF AN AMENDMENT TO CHAPTER IX OF THE CITY CHARTER MODIFYING PROCESS FOR ASSESSING IMPROVEMENTS. -- PASSED

 

BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


08-0367R - RESOLUTION AUTHORIZING PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES ON SUPERIOR STREET AND FIRST STREET IN CONJUNCTION WITH GREATER DOWNTOWN COUNCIL COMMUNITY EVENTS. -- PASSED


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-0375R - RESOLUTION AUTHORIZING THE CITY OF DULUTH TO ENTER INTO A SERVICE AGREEMENT WITH THE DULUTH POLICE EXPLORER POST 244 AND THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY FOR PARKING ON DEDA-OWNED AND CITY-OWNED LOTS DURING THE BAYFRONT BLUES FESTIVAL. -- PASSED

 

 

END OF CONSENT AGENDA

 

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The following entitled resolutions were also considerated:


COMMITTEE 1

 

BY COUNCILOR GILBERT                                  (FINANCE)

 

08-0407R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF APPROXIMATELY $40,665,000 GENERAL OBLIGATION DECC IMPROVEMENT BONDS. -- PASSED UNANIMOUSLY

 

08-0408R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF APPROXIMATELY $1,475,000 GENERAL OBLIGATION AERIAL LIFT BRIDGE IMPROVEMENT BONDS. -- PASSED 8-1 (Stauber)

 

08-0409R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF APPROXIMATELY $2,320,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS. -- PASSED 8-1 (Stauber)

 

BY COUNCILORS GILBERT, ANDERSON, GARDNER AND KRAUSE

 

08-0412R - RESOLUTION REQUESTING ACTION ON THE BUDGET. -- PASSED 8-1 (Stauber)

 

BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)

 

08-0204R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF J&J MILLER, INC. (COPASETIC LOUNGE), 323 EAST CENTRAL ENTRANCE. -- TABLED FOR 7/21 COMMITTEE MEETING

 

08-0381R - RESOLUTION DENYING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF J&J MILLER, INC. (COPASETIC LOUNGE), 323 EAST CENTRAL ENTRANCE. -- TABLED FOR 7/21 COMMITTEE MEETING

 

08-0382R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF PLAYER’S GRANDSTAND, INC. (PLAYER’S SPORTS BAR), 4024 GRAND AVENUE. -- TABLED FOR 7/21 COMMITTEE MEETING


08-0383R - RESOLUTION DENYING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF PLAYER’S GRANDSTAND, INC. (PLAYER’S SPORTS BAR), 4024 GRAND AVENUE. -- TABLED FOR 7/21 COMMITTEE MEETING

 

08-0384R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF LUCKY BREAK INC. (HORSESHOE BILLIARDS), 2415 WEST SUPERIOR STREET. -- TABLED FOR 7/21 COMMITTEE MEETING

 

08-0385R - RESOLUTION DENYING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF LUCKY BREAK INC. (HORSESHOE BILLIARDS), 2415 WEST SUPERIOR STREET. -- TABLED FOR 7/21 COMMITTEE MEETING


08-0386R - RESOLUTION APPROVING THE ADDITIONAL BAR LICENSE OF THE ON SALE INTOXICATING LIQUOR LICENSE OF NORSHOR EXPERIENCE, INC. (NORSHOR EXPERIENCE), 211 EAST SUPERIOR STREET. -- FAILED UNANIMOUSLY


08-0387R - RESOLUTION DENYING THE ADDITIONAL BAR LICENSE OF THE ON SALE INTOXICATING LIQUOR LICENSE OF NORSHOR EXPERIENCE, INC. (NORSHOR EXPERIENCE), 211 EAST SUPERIOR STREET. -- PASSED UNANIMOUSLY


08-0400R - RESOLUTION DECLARING POLICY TO REFER CITY MATTERS RELATED TO THE ISD NO. 709 RED PLAN TO THE VOTERS BY ADVISORY REFERENDUM. (REPLACEMENT) -- FAILED 2-6-1 (Krause, Stauber; Fosle abstained)

 

BY COUNCILOR GARDNER                             (PERSONNEL)

 

08-0411R - RESOLUTION CONFIRMING THE APPOINTMENT OF GUNNAR JOHNSON AS THE CITY ATTORNEY FOR THE CITY OF DULUTH. -- PASSED UNANIMOUSLY

 

08-0413R - RESOLUTION AMENDING RESOLUTION 08-0401 PERTAINING TO HUMAN RIGHTS OFFICE. -- WITHDRAWN FROM AGENDA

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

08-0391R - RESOLUTION GRANTING A LOW DENSITY PLANNED DEVELOPMENT SPECIAL USE PERMIT TO WHITE PINE DEVELOPMENT FOR EASTRIDGE ESTATES, A CLUSTER HOUSING DEVELOPMENT OF 23 HOMES TO BE LOCATED ON THE UPPER SIDE OF THE HIGHWAY 61 EXPRESSWAY NORTHEAST OF LESTER PARK GOLF COURSE. -- PASSED 6-3 (Fosle, Krause, Reinert)

 

08-0392R - RESOLUTION DENYING THE PETITION FOR A LOW DENSITY PLANNED DEVELOPMENT SPECIAL USE PERMIT TO WHITE PINE DEVELOPMENT FOR EASTRIDGE ESTATES. -- FAILED 3-6 (Fosle, Krause, Reinert)


08-0393R - RESOLUTION ISSUING A C-5 PLAN APPROVAL TO TARGET CORPORATION FOR RELOCATION OF DRIVEWAYS AND POLE SIGN, RECONFIGURATION OF THE PARKING LOT, SITE LIGHTING AND PARKING LOT LANDSCAPING/SCREENING AT THE TARGET STORE LOCATED AT 1902 MILLER TRUNK HIGHWAY. -- AMENDED & PASSED UNANIMOUSLY


08-0394R - RESOLUTION DENYING A C-5 PLAN APPROVAL TO TARGET CORPORATION FOR RELOCATION OF DRIVEWAYS AND POLE SIGN, RECONFIGURATION OF THE PARKING LOT, SITE LIGHTING AND PARKING LOT LANDSCAPING/SCREENING AT THE TARGET STORE LOCATED AT 1902 MILLER TRUNK HIGHWAY. -- FAILED UNANIMOUSLY

 

08-0399R - RESOLUTION VACATING ALLEYWAYS WITHIN A CITY BLOCK BOUNDED BY ARROWHEAD ROAD, HUMES AVENUE, CLEVELAND STREET AND KENWOOD AVENUE. -- FAILED UNANIMOUSLY


08-0402R - RESOLUTION TO APPROVE AN AMENDMENT TO A SPECIAL USE PERMIT TO MAKE IMPROVEMENTS TO AT HOME LIVING, A RESIDENTIAL CARE FACILITY LOCATED AT 1010 BRAINERD AVENUE (CHRIS PRILEY). -- PASSED UNANIMOUSLY


08-0403R - RESOLUTION DENYING A REQUEST TO AMEND A SPECIAL USE PERMIT TO MAKE IMPROVEMENTS TO AT HOME LIVING, A RESIDENTIAL CARE FACILITY LOCATED AT 1010 BRAINERD AVENUE (CHRIS PRILEY). -- FAILED UNANIMOUSLY


08-0404R - RESOLUTION A RESOLUTION DENYING A REQUEST TO AMEND 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-C, ONE FAMILY RESIDENTIAL, TO C-5, PLANNED COMMERCIAL DEVELOPMENT, PROPERTY LOCATED AT 114 WEST MYRTLE STREET, BETWEEN BASSWOOD AVENUE AND HUGO AVENUE (STEVE LINDBERG). -- TABLED FOR CONSIDERATION WITH ORDINANCE 08-050-O

 

BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)


08-0401R - RESOLUTION SUPPORTING BUDGET PRIORITIES AND POLICIES SETTING THE 2008 BUDGET REPAIR STRATEGY. -- AMENDED & PASSED UNANIMOUSLY

 

COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)

 

08-0397R - RESOLUTION DETERMINING SEWER CONNECTION FEE - VINEYARD CHURCH. -- AMENDED & PASSED 8-0-1 (Gilbert abstained)

 

BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)

 

08-0378R - RESOLUTION AUTHORIZING AGREEMENT WITH THE JUNIOR LEAGUE OF DULUTH, INC., FOR THE RECONSTRUCTION OF PLAYFRONT PARK ON CITY PROPERTY. -- PASSED UNANIMOUSLY


08-0380R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH CENTURY FENCE COMPANY FOR THE PURCHASE AND INSTALLATION OF SIX-FOOT HIGH BASELINE FENCING AROUND THE PERIMETER OF THE DULUTH HEIGHTS COMMUNITY CENTER BALLFIELD FOR A TOTAL OF $26,763.45. -- PASSED 7-2 (Anderson, Gardner)

 

08-0388R - RESOLUTION AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH SECRET SERVICE ENTERTAINMENT, LLC, THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND LAKE SUPERIOR CENTER AUTHORITY ADDRESSING PARKING ISSUES RELATED TO SPECIAL EVENTS HELD AT BAYFRONT FESTIVAL PARK. -- PASSED 8-0-1 (Anderson abstained)

 

08-0406R - RESOLUTION AUTHORIZING THE CITY TO BE A SPONSOR OF THE 2008 NORTHSHORE INLINE MARATHON AT A COST TO THE CITY OF $15,000. -- FAILED 3-6 (Cuneo, Reinert, Stauber)

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


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 2


BY COUNCILORS 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 5/27 FOR PLANNING COMMISSION REVIEW; 7/21 COMMITTEE MEETING) -- REMAINED ON TABLE


The following entitled ordinances were read for the first time:


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-048-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, ADDING A NEW SECTION 50-1.50.1 DEFINING THE RESIDENTIAL PARKING AREA, AMENDING SECTION 50-30 TO ESTABLISH THE AUTHORIZED PARKING AREAS ON A RESIDENTIAL LOT AND CREATING A VARIANCE FROM SUCH REGULATION. -- 1st READING


08-050-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-C, ONE FAMILY RESIDENTIAL, TO C-5, PLANNED COMMERCIAL DEVELOPMENT, PROPERTY LOCATED AT 114 WEST MYRTLE STREET, BETWEEN BASSWOOD AVENUE AND HUGO AVENUE (STEVE LINDBERG). -- 1st READING


The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILOR GILBERT                                  (FINANCE)


08-047-O - AN ORDINANCE PERTAINING TO THE COMMUNITY ARTS SET-ASIDE, AMENDING SECTION 20-19 OF THE DULUTH CITY CODE, 1959, AS AMENDED. (REPLACEMENT) -- PASSED UNANIMOUSLY


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


08-042-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, AMENDING SECTION 50-118 RELATING TO INTERIM ORDINANCES. -- PASSED UNANIMOUSLY


08-045-O - AN ORDINANCE PERTAINING TO THE COMMUNITY ARTS SET-ASIDE, AMENDING SECTION 20-19 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- FAILED 3-6 (Fedora, Fosle, Krause)


BY COUNCILORS KRAUSE AND FEDORA


08-044-O - AN ORDINANCE PERTAINING TO THE DULUTH PUBLIC ARTS COMMISSION; AMENDING SECTION 2-109 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- TABLED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-040-O - AN ORDINANCE AMENDING SECTION 50-36.3 OF THE DULUTH CITY CODE, 1959, AS AMENDED, ALLOWING SUBSURFACE SEWAGE TREATMENT SYSTEMS IN LOW DENSITY PLANNED DEVELOPMENTS. -- PASSED UNANIMOUSLY


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-043-O - AN ORDINANCE AUTHORIZING REDEVELOPMENT AGREEMENT WITH MINNESOTA POWER PERTAINING TO DULUTH STEAM DISTRICT NO. 2 AND THE SALE OF CERTAIN PROPERTY, RIGHTS AND INTERESTS AS AUTHORIZED THEREIN. -- PASSED UNANIMOUSLY


08-049-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. (AMENDMENT) -- AMENDED & PASSED 5-4 (Fedora, Fosle, Krause, Stauber)


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