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SEE DISCLAIMER


ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, August 25, 2008

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES - June 9, 2008. -- APPROVED

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RESOLUTIONS TABLED


COMMITTEE 1


BY COUNCILORS GILBERT AND GARDNER


08-0498R - RESOLUTION AMENDING RESOLUTION 07-0723 ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2008; SETTING THE FEE FOR THE NEW KEEPING OF CHICKENS LICENSE. (TABLED 8/11) (REPLACEMENT)  -- PASSED 6-3 (Fedora, Fosle, Krause)


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) -- PASSED UNANIMOUSLY


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) -- FAILED UNANIMOUSLY


COMMITTEE 2


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 (TABLED 8/11 FOR CONSIDERATION WITH 08-061-O) -- WITHDRAWN FROM AGENDA


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 8/11 FOR CONSIDERATION WITH 08-062-O) -- PASSED 8-1 (Gilbert)

 

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MOTIONS AND RESOLUTIONS


CONSENT AGENDA

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

 

COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


08-0511R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSES OF VARIOUS LICENSEES. -- PASSED


08-0512R - RESOLUTION ISSUING AN ON 3.2 PERCENT MALT LIQUOR LICENSE AND APPROVING ISSUANCE OF AN ON SALE WINE LICENSE TO GR, LLC (GRAPEVINE CAFÉ), 220 WEST SUPERIOR STREET. -- PASSED 8-0-1 (Gilbert abstained)


08-0513R - RESOLUTION APPROVING RENEWAL AND ISSUANCE OF ON SALE INTOXICATING LIQUOR, ON SALE SUNDAY INTOXICATING LIQUOR, ADDITIONAL BAR, ON SALE DANCING, 2:00 A.M. BEVERAGE LICENSE AND LATE HOUR ENTERTAINMENT LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2008, AND ENDING AUGUST 31, 2009. -- PASSED


08-0514R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE WINE RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2008, AND ENDING AUGUST 31, 2009. -- PASSED


08-0515R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE CLUB LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2008, AND ENDING AUGUST 31, 2009. -- PASSED


08-0516R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE INTOXICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2008, AND ENDING AUGUST 31, 2009. -- PASSED


08-0517R - RESOLUTION APPROVING THE ISSUANCE OF BREWERY MALT LIQUOR OFF SALE INTOXICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2008, AND ENDING AUGUST 31, 2009. -- PASSED

 

BY COUNCILOR GARDNER                             (PERSONNEL)

 

08-0539R - RESOLUTION REQUESTING STAFF REVIEW OF BOARDS AND COMMISSIONS. (REPLACEMENT) -- PASSED

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-0522R - RESOLUTION VACATING THE NORTHERN PART OF 14TH AVENUE WEST BETWEEN FIFTH STREET AND FOURTH STREET (DONALD FARRELL). -- PASSED

 

08-0525R - RESOLUTION VACATING PART OF THE ALLEY EAST OF GARFIELD AVENUE AND SOUTH OF ELM STREET (DULUTH BUILDERS EXCHANGE/DON O’CONNOR, EXECUTIVE DIRECTOR). -- PASSED

 

COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-0519R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF DONALD AND GERDA MOOK IN THE AMOUNT OF $21,514.71. -- PASSED


08-0537R - RESOLUTION AWARDING A CONTRACT TO KALKBRENNER PLUMBING AND HEATING, INC., FOR THE 2008 REHABILITATION OF PRIVATE SEWER SERVICES IN BASINS 25 AND 26, PHASE IV, IN THE AMOUNT OF $149,880. -- PASSED


08-0538R - RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR CONSTRUCTION OF YEAR 2008 STREET PRESERVATION PROGRAM IN THE AMOUNT OF $404,410. -- PASSED 8-0-1 (Fedora abstained)


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


08-0510R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES ON VARIOUS STREETS IN CONJUNCTION WITH SPECIAL EVENTS AND SUBJECT TO CERTAIN -- PASSED CONDITIONS.


08-0526R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH COMPLUS DATA INNOVATIONS, INC., FOR PROFESSIONAL SERVICES IN THE ADMINISTRATION AND COLLECTION OF REVENUE FROM PARKING AND OTHER CITATIONS FOR A MAXIMUM FEE NOT TO EXCEED 13 PERCENT OF CITATION FEES COLLECTED. -- PASSED


08-0527R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT GRANT AMENDMENT NO. 1 TO GRANT NO. 2007-0045/9300-1862 FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $50,000 FOR THE PURPOSE OF SUPPORTING THE DULUTH POLICE DEPARTMENT’S PARTICIPATION IN THE MINNESOTA FINANCIAL CRIMES TASK FORCE. -- PASSED


08-0528R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT AN AWARD FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $8,300 FOR THE ANTI-GANG INITIATIVE. -- PASSED


08-0529R - RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FROM MINNESOTA DEPARTMENT OF PUBLIC SAFETY HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION IN THE AMOUNT OF $75,000 FOR THE PURPOSE OF SUPPORTING THE FIRE DEPARTMENT’S CHEMICAL ASSESSMENT TEAM. -- PASSED


BY COUNCILOR ANDERSON     (RECREATION, LIBRARIES & AUTHORITIES)


08-0520R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES IN THE AMOUNT OF $6,800 FOR THE CHESTER CREEK BRIDGE REHABILITATION AND TO EXECUTE ANY REQUIRED GRANT AGREEMENT. -- PASSED


END OF CONSENT AGENDA


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The following entitled resolutions were also considered:

 

COMMITTEE 1


BY COUNCILOR GILBERT                                  (FINANCE)

 

08-0541R - RESOLUTION ALLOCATING AN ADDITIONAL $100,000 TO THE GENERAL FUND FROM TOURISM TAX FUND 258 FUND BALANCE. -- PASSED UNANIMOUSLY

 

08-0545R - RESOLUTION REQUESTING THAT THE ADMINISTRATION REVISE THE BUDGET BALANCING PLAN TO PRESERVE FACILITIES AND JOBS BY RE-EVALUATING OTHER COSTS AND TEMPORARILY SUSPENDING PAYMENTS ON CERTAIN CONTRACTS. (REPLACEMENT) -- SPLIT INTO 3 PARTS, PART (a) REPLACED [see below], PARTS (b) AND (c) WITHDRAWN

 

BY PRESIDENT REINERT AND COUNCILORS CUNEO AND ANDERSON

08-0545R(a) - RESOLUTION REQUESTING THE ADMINISTRATION REVISE THE BUDGET BALANCING PLAN TO PRESERVE FULL TIME CITY POSITIONS BY REALLOCATING THE REMAINING 2008 AND 2009 HOUSING INVESTMENT FUND TO THE GENERAL FUND. -- PASSED 7-2 (Fedora, Stauber)

 

BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)

 

08-0518R - RESOLUTION APPROVING RENEWAL AND ISSUANCE OF ON SALE INTOXICATING LIQUOR, ON SALE SUNDAY INTOXICATING LIQUOR, ADDITIONAL BAR, ON SALE DANCING AND 2:00 A.M. BEVERAGE LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2008, AND ENDING AUGUST 31, 2009, WITH SPECIAL CONDITIONS, FOR NORSHOR EXPERIENCE, INC. (NORSHOR EXPERIENCE), GRANDMA’S SPORTS BAR AND GRILL, INC. (GRANDMA’S SPORTS GARDEN), BLACK RIVER MILLS, INC. (KOZY BAR), AND CURLY’S BAR, INC. (CURLY’S BAR). -- PASSED 8-1 (Fedora)

 

BY COUNCILOR GARDNER                             (PERSONNEL)

 

08-0506R - RESOLUTION APPROVING PROPOSED AMENDMENT TO THE PAY RANGE FOR THE APPOINTED POSITION OF DEPUTY FIRE CHIEF.  [Resolution not available online] -- TABLED FOR MORE INFORMATION


08-0536R - RESOLUTION APPROVING PROPOSED AMENDMENT TO THE PAY RANGE FOR THE CIVIL SERVICE CLASSIFICATION OF FLEET MANAGER. -- TABLED FOR MORE INFORMATION

 

08-0544R - RESOLUTION REQUESTING A REPORT ON CURRENT ENFORCEMENT STRATEGIES OF THE HOUSING AND NUISANCE EVENT CODES IN THE CENTRAL HILLSIDE NEIGHBORHOODS IN THE CITY OF DULUTH. -- AMENDED & PASSED UNANIMOUSLY

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

08-0523R - RESOLUTION GRANTING AN AMENDMENT TO A LOW DENSITY PLANNED DEVELOPMENT SPECIAL USE PERMIT FOR BAYHILL COVE, A CLUSTER HOUSING DEVELOPMENT OF 15 HOMES LOCATED ON THE EAST SIDE OF BAYHILL DRIVE SOUTH OF PULASKI STREET/75TH AVENUE WEST (S.V. BAYHILL, LLC). (AMENDMENT) -- AMENDED & PASSED UNANIMOUSLY


08-0524R - RESOLUTION DENYING THE PETITION TO AMEND A LOW DENSITY PLANNED DEVELOPMENT SPECIAL USE PERMIT FOR BAYHILL COVE (S.V. BAYHILL, LLC). -- FAILED UNANIMOUSLY


08-0530R - RESOLUTION DENYING AN AMENDMENT TO 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). -- TABLED FOR CONSIDERATION WITH 08-063-O ON 9/8

 

08-0531R - RESOLUTION ISSUING A C-5 PLAN APPROVAL TO DULUTH HILL, LLC, FOR DEVELOPMENT OF PROPERTY LOCATED AT MALL DRIVE AND CENTRAL ENTRANCE (TEXAS ROADHOUSE). (AMENDMENT) -- AMENDED & PASSED UNANIMOUSLY


08-0532R - RESOLUTION DENYING A C-5 PLAN APPROVAL TO DULUTH HILL, LLC, FOR DEVELOPMENT OF PROPERTY LOCATED AT MALL DRIVE AND CENTRAL ENTRANCE (TEXAS ROADHOUSE). -- FAILED UNANIMOUSLY


08-0533R - RESOLUTION ADOPTING AN AMENDED MASTER PLAN FOR THE SPIRIT MOUNTAIN RECREATION AREA. -- PASSED UNANIMOUSLY


BY COUNCILORS FEDORA, FOSLE AND KRAUSE


08-0534R - RESOLUTION AMENDING COMPREHENSIVE PLAN PERTAINING TO CERTAIN PROPERTY ON PARK POINT, RECLASSIFYING THE USE THEREOF FROM RECREATIONAL TO TRADITIONAL NEIGHBORHOOD. -- FAILED 4-5 (Fedora, Fosle, Krause, Stauber)

 

BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)

 

08-0542R - RESOLUTION REQUESTING THE ARROWHEAD AGENCY ON AGING TO EXPEDITE SECURING A SERVICE PROVIDER TO OPERATE A CONGREGATE MEAL PROGRAM IN DULUTH IN CALENDAR YEAR 2009 AND PLEDGING TO KEEP THE CURRENT MEAL LOCATIONS OPEN. -- PASSED UNANIMOUSLY

 

08-0543R - RESOLUTION REQUESTING THE EXISTING PARKS AND RECREATION SMALL GRANT PROGRAM BE FUNDED AND ASKING THE ADMINISTRATION TO REVISE CURRENT GUIDELINES TO BE APPROVED BY COUNCIL. -- PASSED 8-1 (Krause)

 

BY COUNCILOR ANDERSON     (RECREATION, LIBRARIES & AUTHORITIES)

 

08-0535R - RESOLUTION OF INTENT TO SELL THE “MINNEHAHA” STAINED GLASS WINDOW. -- PASSED 7-2 (Gilbert, Stauber)

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCES TABLED


COMMITTEE 1


BY COUNCILORS GILBERT AND GARDNER


08-020-O (9925) - 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) -- PASSED 6-3 (Fedora, Fosle, Krause)


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 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-063-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


COMMITTEE 3


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


08-064-O - AN ORDINANCE CREATING A STREET LIGHTING SYSTEM UTILITY AND AUTHORIZING CHARGES THEREFOR, ADDING A NEW ARTICLE XI TO CHAPTER 45 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- 1st READING


The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILORS GILBERT AND GARDNER


08-059-O (9926) - 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 2) -- PASSED 6-3 (Fedora, Fosle, Krause)


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; AND 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. -- TABLED


COMMITTEE 2


BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)


08-061-O (9927) - AN ORDINANCE AMENDING SECTION 27 OF THE CITY CHARTER TO REQUIRE BOARD AND COMMISSIONS TO ADOPT BYLAWS REGULATING CONDUCT OF BUSINESS AND PUBLIC PARTICIPATION. -- PASSED UNANIMOUSLY


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. - FAILED 7-2 (Gardner, Gilbert) [needed 9 votes to pass]

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