ACTIONS
DULUTH CITY COUNCIL MEETING


Monday, August 11, 2008, 7:00 p.m.


ROLL CALL -- ABSENT:  Gilbert

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RESOLUTIONS TABLED

COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


08-0384R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF LUCKY BREAK INC. (HORSESHOE BILLIARDS), 2415 WEST SUPERIOR STREET.  (RETABLED 7/21 FOR 30 DAYS) -- REMAINED ON TABLE


08-0385R - RESOLUTION DENYING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF LUCKY BREAK INC. (HORSESHOE BILLIARDS), 2415 WEST SUPERIOR STREET. (RETABLED 7/21 FOR 30 DAYS) -- REMAINED ON TABLE


BY COUNCILOR GARDNER                             (PERSONNEL)


08-0471R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF ALBERT M. KATZ AND ROBERT A. PRUSAK TO THE SANITARY SEWER BOARD OF THE WLSSD.  (TABLED 7/28/2008) -- PASSED 7-1-1 (Gardner)


COMMITTEE 3


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-0457R - RESOLUTION ALIENATING CERTAIN CITY PROPERTY ON PARK POINT AND AUTHORIZING THE SALE OF SAME.  (TABLED 7/28) -- AMENDED & PASSED UNANIMOUSLY


08-0458R - RESOLUTION ACCEPTING $20,000 FROM THE HARRISON COMMUNITY CLUB TO APPLY TO THE DEDUCTIBLE FOR RECONSTRUCTION OF HARRISON COMMUNITY CENTER.  (TABLED 7/21) -- REMOVED FROM AGENDA

 


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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)


08-0488R - RESOLUTION AMENDING RESOLUTION 08-0356 APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF HOSPITALITY OF DULUTH, LLC (ACES ON FIRST), 113 WEST FIRST STREET.  (REPLACEMENT) -- PASSED


08-0489R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO PLAYER’S SPORTS BAR SOFTBALL TOURNAMENT. -- PASSED


08-0490R - RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF D A FITZPATRICK, INC. (LAKE AIRE BOTTLE SHOPPE), 2530 LONDON ROAD. -- PASSED


BY COUNCILOR GARDNER                             (PERSONNEL)


08-0494R - RESOLUTION FOR EXECUTION OF AMENDED EXHIBIT A TO SERVICE AGREEMENT WITH BLUE CROSS AND BLUE SHIELD OF MINNESOTA TO PROVIDE ADMINISTRATIVE SERVICES AND STOP LOSS INSURANCE EFFECTIVE JANUARY 1, 2008. -- PASSED 7-0-1-1 (Krause abstained)


COMMITTEE 2


BY COUNCILOR FEDORA           (INTERGOVERNMENTAL RELATIONS)


08-0503R - RESOLUTION APPROVING AN AMENDMENT TO AIRPARK JOBZ SUBZONE NUMBER 97 -- PASSED


08-0505R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS ENTERING INTO A COOPERATIVE AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FAIR HOUSING ENFORCEMENT AND ACCEPTING $120,000.00 FOR YEAR THREE OF CAPACITY BUILDING. -- PASSED


BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)


08-0487R - RESOLUTION APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 9, 2008, STATE ELECTION AND THE NOVEMBER 4, 2008, STATE GENERAL ELECTION. -- PASSED


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)

 

08-0486R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF CLAYTON AND CINDY KERR IN THE AMOUNT OF $11,280.45. -- PASSED


08-0491R - RESOLUTION ACCEPTING SUBSTANTIAL DONATION OF PROPERTY FROM JEROME AND JUDITH ARNOLD ADJACENT TO THE MORNINGSIDE PIT.  (REPLACEMENT) -- PASSED


08-0492R - RESOLUTION AMENDING 8-0125R AND INCREASING CONTRACT WITH SERVICE ELECTRIC OF SUPERIOR FOR COMPLETING SMALL ELECTRICAL WORK IN YEAR 2008 BY $119,500, FOR A TOTAL AMOUNT OF $149,500. -- PASSED


08-0495R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH NORD-SEN METAL INDUSTRIES, LTD., FOR THE PURCHASE AND INSTALLATION OF THE PRIMARY VERTICAL COAL ELEVATOR AT THE DULUTH STEAM DISTRICT ONE PLANT IN THE AMOUNT OF $134,674.58.<{invalid_tag_id}> -- PASSED

COMMITTEE 3


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-0499R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH SECRET SERVICE ENTERTAINMENT, LLC, AMENDING ARTICLE 9 OF THE AGREEMENT OF THE PARTIES RELATING TO THE MANAGEMENT OF BAYFRONT FESTIVAL PARK RECREATION AREA. -- PASSED 7-0-1-1 (Anderson abstained)


END OF CONSENT AGENDA

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The following entitled resolutions were also considered:


COMMITTEE 1


BY COUNCILORS GILBERT AND GARDNER


08-0498R - RESOLUTION AMENDING RESOLUTION 07-0723 ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2008; SETTING FEES FOR THE NEW CHICKEN LICENSE CATEGORIES. -- TABLED FOR CONSIDERATION WITH 08-020-O AND 08-059-O ON 8/25


COMMITTEE 2


BY COUNCILOR FEDORA AND PRESIDENT REINERT

 

08-0504R - RESOLUTION CALLING FOR AN ADVISORY REFERENDUM PERTAINING TO THE SALE OF INTOXICATING LIQUOR IN THE LAKESIDE AND LESTER PARK NEIGHBORHOODS OF DULUTH. (REPLACEMENT) -- PASSED 7-1-1 (Krause)


BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)


08-0508R - RESOLUTION SUBMITTING A PROPOSED AMENDMENT TO SECTION 27 OF THE CITY CHARTER TO THE VOTERS AT A SPECIAL ELECTION ON NOVEMBER 4, 2008. -- TABLED FOR CONSIDERATION WITH 08-061-O ON 8/25


08-0509R - RESOLUTION SUBMITTING A PROPOSED AMENDMENT TO SECTION 30 OF THE CITY CHARTER TO THE VOTERS AT A SPECIAL ELECTION ON NOVEMBER 4, 2008. -- TABLED FOR CONSIDERATION WITH 08-062-O ON 8/25


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-0484R - RESOLUTION ACCEPTING DONATION OF AMENDED EASEMENT FROM ISD 709 ADJACENT TO ORDEAN MIDDLE SCHOOL FOR THE LAKEWALK TRAIL. -- PASSED 6-1-1-1 (Nay: Krause; Fosle abstained)


08-0496R - RESOLUTION AUTHORIZING A LAKEWALK TRAIL LICENSE AGREEMENT WITH THE ST. LOUIS AND LAKE COUNTIES REGIONAL RAILROAD AUTHORITY FOR OPERATION AND MAINTENANCE OF THE LAKEWALK TRAIL FROM 36TH AVENUE EAST TO 47TH AVENUE EAST. -- PASSED 7-1-1 (Krause)


08-0497R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SALO ENGINEERING, INC. FOR THE YEAR 2009 MUNICIPAL STATE AID PROJECT LOCATED ON WOODLAND AVENUE BETWEEN KENT ROAD AND ARROWHEAD ROAD IN THE ESTIMATED AMOUNT OF $376,126.57. -- PASSED UNANIMOUSLY


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-0500R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE DULUTH SUPERIOR AREA COMMUNITY FOUNDATION IN THE AMOUNT OF $2,560 AND TO EXECUTE THE GRANT AGREEMENT. -- PASSED UNANIMOUSLY


COMMITTEE 3


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-0501R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE LLOYD K. JOHNSON FOUNDATION IN THE AMOUNT OF $1,950 AND TO EXECUTE THE GRANT AGREEMENT. -- PASSED UNANIMOUSLY


08-0502R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE A.H. ZEPPA FOUNDATION IN THE AMOUNT OF $2,500. -- PASSED 7-0-1-1 (Cuneo abstained)


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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.  (RETABLED 7/28) (REPLACEMENT) -- REMAINED ON TABLE


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 6/19) -- REMOVED FROM AGENDA


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.   (AMENDED AND RETABLED 7/21) (AMENDMENT) -- AMENDED & FAILED 3-5-1 (Cuneo, Krause, Stauber)


COMMITTEE 3


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-052-O - AN ORDINANCE AMENDING SECTION 34-13 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO GRAFFITI AND ITS REMOVAL.  (TABLED 7/28) -- REMAINED ON TABLE

 

The following entitled ordinances were read for the first time:


COMMITTEE 1


BY COUNCILORS GILBERT AND GARDNER


08-059-O - AN ORDINANCE ADDING SECTIONS 6-79 AND 6-79.1 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO OBTAINING A LICENSE TO KEEP CHICKENS IN CITY. (REPLACEMENT)   -- 1st READING


COMMITTEE 1


BY COUNCILOR GARDNER                             (PERSONNEL)


08-060-O - AN ORDINANCE AMENDING SECTIONS 2-2, 2-2.1, 2-2.2, 2-2.4,2-12 AND 2-17; REPEALING SECTIONS 2-3, 2-4, 2-5, 2-6, 2-7, 2-8, 2-9, 2-10, 2-11, 2-13 AND 2-14; RENUMBERING SECTIONS 2-12, 2-15, 2-16, 2-17, 2-18.1 and 2-18.2 OF CHAPTER 2 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO CITY ADMINISTRATION.  -- 1st READING

 


COMMITTEE 2


BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)


08-061-O - AN ORDINANCE AMENDING SECTION 27 OF THE CITY CHARTER TO REQUIRE BOARD AND COMMISSIONS TO ADOPT BYLAWS REGULATING CONDUCT OF BUSINESS AND PUBLIC PARTICIPATION.  -- 1st READING

 


08-062-O - AN ORDINANCE AMENDING SECTION 30 OF THE CITY CHARTER TO ALLOW A CITIZEN TO PETITION FOR APPOINTMENT OF A SPECIAL PROSECUTOR TO PROSECUTE CONFLICTS OF INTEREST.  -- 1st READING


The following entitled ordinance was read for the second time:


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-058-O - AN ORDINANCE REPEALING SPRINKLING ALLOWANCE ON SANITARY SEWER BILLS, REPEALING SECTION 43-9 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- FAILED UNANIMOUSLY

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