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ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, November 24, 2008

 

ROLL CALL -- ALL PRESENT

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RESOLUTIONS TABLED


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-0656R - RESOLUTION AMENDING RESOLUTION 07-0723 ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2008; CREATING A POINT OF SALE INSPECTION FEE OF $200 FOR INSPECTIONS WHERE A SUMP PUMP IS REQUIRED AND $100 WHERE A SUMP PUMP IS ALREADY IN PLACE OR IS NOT OTHERWISE REQUIRED.  (REPLACEMENT) (TABLED 10/27) -- AMENDED & PASSED 6-3 (Fedora, Fosle, Stauber)


BY COUNCILORS ANDERSON, GARDNER AND STAUBER


08-0574R - RESOLUTION ESTABLISHING RULES FOR OFF-LEASH DOG AREAS.  (TABLED 10/13 FOR PARKS AND RECREATION COMMISSION RECOMMENDATION) -- PASSED 8-1 (Fosle)


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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)


08-0710R - RESOLUTION APPROVING THE ISSUANCE OF A MINNESOTA CURRENCY EXCHANGE LICENSE TO THE TITLE LOAN COMPANY, INC. -- PASSED


08-0713R - RESOLUTION ISSUING AN ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY, DANCING LICENSE AND 2:00 A.M. BEVERAGE LICENSE TO CLUB FRICTION, LLC (SCORE SPORTS BAR & GRILL), 21 NORTH FOURTH AVENUE WEST. -- PASSED


08-0714R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO THE COLLEGE OF ST. SCHOLASTICA, 1200 KENWOOD AVENUE. -- PASSED


BY COUNCILOR GARDNER                             (PERSONNEL)


08-0687R - RESOLUTION ELECTING MEMBERS TO THE BOARD OF MANAGERS OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO MINNESOTA STATUTES, SECTION 115.23, SUBDIVISION 7. -- PASSED


08-0711R - RESOLUTION CONFIRMING THE APPOINTMENT OF CLARA BORRELL TO THE COMMISSION ON DISABILITIES, REPLACING VIOLET WOODS. -- PASSED


COMMITTEE 2


BY COUNCILOR FEDORA           (INTERGOVERNMENTAL RELATIONS)


08-0721R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SALVATION ARMY RELATING TO DISTRIBUTION OF EMERGENCY ENERGY ASSISTANCE FUNDS IN THE AMOUNT OF $16,086. -- PASSED


BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)

 

08-0712R - RESOLUTION APPROVING AGREEMENT WITH FRYBERGER, BUCHANAN, SMITH AND FREDERICK, P.A., FOR LEGISLATIVE SERVICES NOT TO EXCEED $44,940. -- PASSED


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-0683R - RESOLUTION REVISING THE LIST OF HIGH PRIORITY BRIDGES IN THE CITY OF DULUTH. -- PASSED


08-0691R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF PAUL AND PEG PODEMSKI IN THE AMOUNT $12,461.63. -- PASSED


08-0696R - RESOLUTION AUTHORIZING AN AGREEMENT WITH MSA PROFESSIONAL SERVICES, INC., TO PROVIDE ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF LAKESIDE INTERCEPTOR SANITARY SEWER OVERFLOW STORAGE FACILITY - BASIN #2. -- PASSED


08-0699R - RESOLUTION AMENDING RESOLUTION 08-0188 AND CITY CONTRACT C-20612 WITH SEH, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR 2008 WATERMAIN REPLACEMENTS TO INCREASE THE AMOUNT BY $5,043.50 FOR A NEW TOTAL OF $35,643.50. -- PASSED

 

08-0724R - RESOLUTION AUTHORIZING RELEASE AND SETTLEMENT AGREEMENT WITH TRINITY DEVELOPMENT GROUP, LLC, AND GREAT AMERICAN INSURANCE COMPANY PERTAINING TO THE COFFEE CREEK DEVELOPMENT. -- PASSED


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


08-0692R - RESOLUTION TO ESTABLISH NO PARKING ON BOTH SIDES OF 7-1/2 AVENUE WEST FROM THIRD STREET TO THE ALLEY SOUTH OF THIRD STREET. -- PASSED


08-0704R - RESOLUTION AUTHORIZING CITY OFFICIALS TO ENTER INTO A CONTRACT WITH DENNY HECKER’S AUTOMALL FOR THE PURCHASE AND DELIVERY OF TWO 2009 DODGE CHARGERS FOR THE USE AS POLICE PATROL VEHICLES IN THE AMOUNT OF $42,420.10. -- PASSED


08-0709R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH BURNSVILLE AUTOMOTIVE, INC., DBA BURNSVILLE TOYOTA, FOR THE PURCHASE OF FOUR 2009 TOYOTA COROLLA SEDANS IN THE AMOUNT OF $74,027.60. -- PASSED


BY COUNCILOR ANDERSON(RECREATION, LIBRARIES & AUTHORITIES)


08-0716R - RESOLUTION OF INTENT BETWEEN THE CITY OF DULUTH AND INDEPENDENT SCHOOL DISTRICT #709 RELATING TO THE ESTABLISHMENT AND OPERATION OF JOINTLY USED FACILITIES AND SERVICES FOR THE CITIZENS OF DULUTH. -- PASSED


END OF CONSENT AGENDA

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The following entitled resolutions were also considered:

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-0686R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY, SAID AMENDMENT RELATED TO THE EXECUTIVE DIRECTOR AND OTHER DEDA PERSONNEL. -- FAILED 4-5 (Anderson, Cuneo, Krause, Stauber)

 

08-0701R - RESOLUTION AUTHORIZING THIRD AMENDMENT TO SKYWALK AGREEMENT WITH MP&L, A DIVISION OF ALLETE CORPORATION, PERTAINING TO THE MACDONALD BUILDING. -- PASSED 8-1 (Krause)


08-0702R - RESOLUTION AUTHORIZING SKYWALK AGREEMENT WITH MP&L, A DIVISION OF ALLETE CORPORATION, PERTAINING TO THE FUR STORAGE BUILDING PROPERTY. -- PASSED 8-1 (Krause)


08-0703R - RESOLUTION AUTHORIZING SKYWALK AGREEMENT WITH VON ROCK, LLC, PERTAINING TO THE 9 WEST SUPERIOR STREET BUILDING PROPERTY. -- PASSED 8-1 (Krause)


08-0705R - RESOLUTION AUTHORIZING SKYWALK AGREEMENT WITH POOBAH OF MINNESOTA, LLC, PERTAINING TO THE 5-7 WEST SUPERIOR STREET BUILDING PROPERTY. -- PASSED 7-1-1 (Nay: Krause; Abstention: Cuneo)


08-0706R - RESOLUTION AUTHORIZING SKYWALK AGREEMENT WITH POOBAH OF MINNESOTA, LLC, PERTAINING TO THE 3 WEST SUPERIOR STREET BUILDING PROPERTY. -- PASSED 7-1-1 (Nay: Krause; Abstention: Cuneo)


08-0707R - RESOLUTION AUTHORIZING SKYWALK AGREEMENT WITH VON ROCK, LLC, PERTAINING TO THE 1 WEST SUPERIOR STREET BUILDING PROPERTY. -- PASSED 8-1 (Krause)


08-0715R - RESOLUTION AUTHORIZING SKYWALK AGREEMENT WITH BRUCE AND RUTH DARLING PERTAINING TO THE WIRTH BUILDING PROPERTY. -- PASSED 8-1 (Krause)

 

08-0720R - RESOLUTION VACATING OF PART OF ONEIDA STREET, TIOGA STREET, 63RD AVENUE EAST AND PART OF ONEIDA STREET ALLEY (A&L PROPERTIES). -- PASSED 8-0-1 (Fedora abstained)

 

BY COUNCILOR FEDORA           (INTERGOVERNMENTAL RELATIONS)


08-0718R - RESOLUTION APPROVING DSPA’S APPLICATION TO DEED FOR A CONTAMINATION CLEANUP DEVELOPMENT GRANT FOR THE USX DULUTH WORKS SITE. -- PASSED 8-1 (Krause)

 

BY COUNCILORS CUNEO AND GARDNER

 

08-0729R - RESOLUTION AMENDING RESOLUTION 08-0457 BY DELETING PARCEL B THEREFROM. -- PASSED 5-4 (Fedora, Fosle, Krause, Stauber)

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


The following entitled ordinance was read for the first time:


COMMITTEE 3


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


08-093-O - AN ORDINANCE AMENDING SECTIONS 40-4 AND 40-6 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO LOST, STOLEN OR ABANDONED PROPERTY. -- 1ST READING


The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILOR GILBERT                                  (FINANCE)


08-090-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL SEWER UTILITY IN AN AMOUNT NOT TO EXCEED $1,500,000 UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- PASSED 8-1 (Stauber)


08-091-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL WATER UTILITY IN AN AMOUNT NOT TO EXCEED $220,000 UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- PASSED 8-1 (Stauber)


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-092-O - AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PROPERTIES ON PARK POINT TO DANIEL AND AMANDA THRALOW FOR $762,000 AND TO ELWA, LLC, FOR $471,000. -- PASSED 6-3 (Gardner, Gilbert, Reinert)


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


08-089-O - AN ORDINANCE PERTAINING TO PAWNBROKERS AND METAL DEALERS; AMENDING SECTION 36-2 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- PASSED UNANIMOUSLY


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