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ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, December 15, 2008

 

ROLL CALL -- ALL PRESENT

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RESOLUTIONS TABLED


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-0732R - RESOLUTION ESTABLISHING WATER RATES EFFECTIVE WITH METER READINGS AFTER FEBRUARY 1, 2009; RESCINDING ALL PRIOR INCONSISTENT OR CONFLICTING RESOLUTIONS WITH RESPECT TO SUCH RATES. (TABLED 12/1) -- WITHDRAWN BY ADMINISTRATION

 

08-0733R - RESOLUTION ESTABLISHING THE CUSTOMER CHARGE AND USER CHARGES FOR THE CITY’S WASTEWATER FACILITIES EFFECTIVE WITH METER READINGS AFTER FEBRUARY 1, 2009; RESCINDING ALL PRIOR INCONSISTENT OR CONFLICTING RESOLUTIONS WITH RESPECT TO SUCH RATES. (TABLED 12/1) -- PASSED 5-4 (Fedora, Fosle, Krause, 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 GILBERT                                  (FINANCE)


08-0744R - RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND CALLING FOR PUBLIC HEARING ON INTENTION TO ISSUE IMPROVEMENT BONDS AND REALLOCATION OF BOND PROCEEDS UNDER MINNESOTA STATUTES, SECTION 475.521. -- PASSED 8-1  (Stauber)

 

08-0759R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE WATERMAIN IN ETHEL AVENUE FROM SPRINGVALE ROAD TO 365 FEET NORTHERLY. -- PASSED


08-0760R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE WATERMAIN IN OSAGE AVENUE FROM PAGE STREET TO 410 FEET NORTH OF CENTERLINE. -- PASSED


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


08-0734R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF JUST TAKE ACTION (FITGER’S BREWHOUSE/RED STAR LOUNGE), 600 EAST SUPERIOR STREET. -- PASSED


08-0735R - RESOLUTION IN THE MATTER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF LAST CHANCE OF DULUTH, INC. (LAST CHANCE LIQUOR), 619 EAST FOURTH STREET. -- PASSED


08-0736R - RESOLUTION IN THE MATTER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF DA FITZPATRICK (LAKE AIRE BOTTLE SHOPPE), 2530 LONDON ROAD. -- PASSED


08-0738R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO IRVING COMMUNITY ASSOCIATION. -- PASSED


08-0743R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM DWAYNE & KIMBERLY, INC. (KOM ON INN), 332 NORTH 57TH AVENUE WEST TO JMMP ENTERPRISES, LLC (KOM ON INN), SAME ADDRESS. -- PASSED


08-0758R - 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)


08-0747R - RESOLUTION ABOLISHING TWO OBSOLETE AND INACTIVE JOB CLASSIFICATIONS. -- PASSED


08-0750R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF SOLID WASTE COMPLIANCE OFFICER. -- PASSED


08-0761R - RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF MANAGER, LIBRARY SERVICES, AND SPECIFYING CONTRACT BENEFITS FOR SAME. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-0740R - RESOLUTION TERMINATING MCQUADE PUBLIC ACCESS JOINT POWERS AGREEMENT. -- PASSED


08-0741R - RESOLUTION OF INTENT TO AUTHORIZE PURCHASE OF CERTAIN TAX FORFEITED PROPERTY ADJACENT TO LESTER PARK GOLF COURSE FROM THE STATE OF MINNESOTA THROUGH ST. LOUIS COUNTY. -- PASSED 8-0-1 (Fedora)


08-0765R - RESOLUTION REMOVING CERTAIN PROPERTIES FROM TAX INCREMENT FINANCING DISTRICT NO. 2 AND INCLUDING THEM IN TAX INCREMENT FINANCING DISTRICT NO. 22. -- PASSED


BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)


08-0753R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH VISIT DULUTH TO PROVIDE ADVERTISING AND PROMOTION SERVICES TO THE CITY OF DULUTH FOR THE YEARS 2009-2011 AT A COST TO THE CITY TO BE DETERMINED ANNUALLY. -- PASSED

 

08-0773R - RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION. -- SENT BACK TO ADMINISTRATION


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-0748R - RESOLUTION AMENDING RESOLUTION 06-0478 AMENDING A CONTRACT TO SHORT ELLIOT HENDRICKSON, INC., FOR PROFESSIONAL SERVICES, TO INCREASE THE AMOUNT BY $32,000 FOR A NEW TOTAL OF $69,208. -- PASSED


08-0751R - RESOLUTION AUTHORIZING ACCEPTING A GRANT IN THE AMOUNT OF $50,000 AND AN AGENCY AGREEMENT BETWEEN THE CITY AND MN/DOT FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING FOR DULUTH PUBLIC SCHOOL DISTRICT ISD 709 SAFE ROUTES TO SCHOOL EDUCATION, ENCOURAGEMENT AND ENFORCEMENT PROGRAM. -- PASSED 8-0-1 (Fosle)


08-0752R - RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT IN THE AMOUNT OF $5,000 AND AN AGENCY AGREEMENT BETWEEN THE CITY AND MN/DOT FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING FOR LINCOLN PARK SAFE ROUTES TO SCHOOL EDUCATION, ENCOURAGEMENT AND ENFORCEMENT PROGRAM. -- PASSED 8-0-1 (Fosle)


08-0762R - RESOLUTION AUTHORIZING AN AGREEMENT TO REIMBURSE THE DULUTH TRANSIT AUTHORITY FOR PERFORMING CERTAIN PROFESSIONAL SERVICES FOR THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $50,000. -- PASSED


08-0763R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH SERVICE ELECTRIC OF SUPERIOR, INC., FOR THE HOOKUP OF A 400 KW EMERGENCY GENERATOR AT THE DULUTH STEAM DISTRICT ONE PLANT IN THE AMOUNT OF $40,853.20. -- PASSED


08-0769R - RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH DULUTH SEAWAY PORT AUTHORITY TO DISPOSE OF SNOW ON DULUTH SEAWAY PORT AUTHORITY PROPERTY. -- PASSED


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


08-0739R - RESOLUTION ESTABLISHING A ONE STALL ACCESSIBLE PARKING ZONE AT 519 NORTH FOURTH AVENUE EAST. -- PASSED


08-0767R - RESOLUTION APPROVING AGREEMENT WITH ST. LOUIS COUNTY TO SHARE COSTS OF A PUBLIC SAFETY GRANT COORDINATOR. -- PASSED


08-0768R - RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ISD NO. 709 TO PROVIDE LAW ENFORCEMENT OFFICERS IN THE PUBLIC SCHOOLS. -- PASSED 8-0-1 (Fosle)


08-0770R - RESOLUTION AUTHORIZING LEASE AGREEMENTS WITH LAKE SUPERIOR COLLEGE FOR POLICE FIREARMS TRAINING RANGE AND PARKING LOT PROPERTIES. -- PASSED


BY COUNCILOR ANDERSON     (RECREATION, LIBRARIES & AUTHORITIES)


08-0754R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH COMMUNITY GARDEN PROGRAM, DBA PLANT-A-LOT COMMUNITY GARDEN PROGRAM. -- PASSED


08-0755R - RESOLUTION AUTHORIZING A CONCESSION AGREEMENT FOR OPERATION OF CHESTER BOWL CHALET WITH THE CHESTER BOWL IMPROVEMENT CLUB IN THE AMOUNT OF $20,000. -- PASSED


END OF CONSENT AGENDA

 

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The following entitled resolutions were also considered:

 

COMMITTEE 1


BY COUNCILOR GILBERT                                  (FINANCE)


08-0742R - RESOLUTION ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2009. -- PASSED 6-3 (Fedora, Fosle, Stauber)

 

08-0745R - RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, STATING THE INTENT TO ISSUE GENERAL OBLIGATION CAPITAL EQUIPMENT NOTES, SERIES 2009, AND APPROVING THE CAPITAL EQUIPMENT LIST ASSOCIATED WITH THE NOTES IN THE APPROXIMATE AMOUNT OF $2,775,000. -- PASSED 8-1 (Stauber)


08-0756R - RESOLUTION DISTRIBUTING THE ESTIMATED 2009 TOURISM TAXES OF HOTEL-MOTEL AND FOOD AND BEVERAGE. (AMENDMENT) -- PASSED 8-1 (Krause)


BY COUNCILOR GARDNER                             (PERSONNEL)


08-0749R - RESOLUTION APPOINTING NORM VORHEES TO THE SEAWAY PORT AUTHORITY OF DULUTH. -- PASSED AS AMENDED 7-2 (Fedora, Stauber)

 

08-0775R - RESOLUTION ESTABLISHING A PROCEDURE FOR SELECTING A CANDIDATE TO FILL THE PROSPECTIVE VACANCY OF THE AT LARGE COUNCIL SEAT OF ROGER REINERT. (REPLACEMENT) (AMENDMENTS) -- PASSED 7-1-1 (Krause, Reinert)

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-0757R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY, SAID AMENDMENT RELATED TO THE EXECUTIVE DIRECTOR AND OTHER DEDA PERSONNEL. -- TABLED


08-0766R - RESOLUTION AMENDING THE MINNESOTA INVESTMENT FUND (MIF) AGREEMENT WITH THE STATE OF MINNESOTA AND AUTHORIZING AN AMENDMENT TO THE LOAN AGREEMENT AND A PROMISSORY NOTE MODIFICATION AGREEMENT WITH NORTHSTAR MACHINE & TOOL, INC., D.B.A. NORTHSTAR AEROSPACE, INCREASING THE TIME FOR JOB CREATION AND ALLOWING INTEREST-ONLY PAYMENTS FOR A SIX MONTH PERIOD. -- PASSED UNANIMOUSLY


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)

 

08-0774R - RESOLUTION ESTABLISHING WATER RATES EFFECTIVE WITH METER READINGS AFTER FEBRUARY 1, 2009; RESCINDING ALL PRIOR INCONSISTENT OR CONFLICTING RESOLUTIONS WITH RESPECT TO SUCH RATES. -- PASSED 5-4 (Fedora, Fosle, Krause, Stauber)


BY COUNCILOR ANDERSON     (RECREATION, LIBRARIES & AUTHORITIES)


08-0764R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ARROWHEAD ZOOLOGICAL SOCIETY, INC. -- TABLED


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


The following entitled ordinance was read for the first time:


COMMITTEE 2


BY COUNCILOR FEDORA           (INTERGOVERNMENTAL RELATIONS)


08-100-O - AN ORDINANCE PERTAINING TO BONDING LIMITATIONS, AMENDING CHAPTER 20 OF THE DULUTH CITY CODE, 1959, AS AMENDED, TO ADD A NEW ARTICLE III. -- 1st READING


The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILOR GILBERT                                  (FINANCE)


08-094-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2009. -- PASSED UNANIMOUSLY


08-095-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH SEAWAY PORT AUTHORITY, FOR THE YEAR 2009.  (REPLACEMENT) -- PASSED 8-1  (Krause)


08-097-O(a) - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2009. -- PASSED 5-4 (Fedora, Fosle, Krause, Stauber)


08-097-O(b) - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2009. -- PASSED 6-3 (Fedora, Fosle, Stauber)


08-098-O - AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2009 APPROPRIATION MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. (AMENDMENT) -- PASSED 5-4 (Fedora, Fosle, Krause, Stauber)


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-096-O - AN ORDINANCE AMENDING SECTION 43-33.4 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO POINT OF SALE INSPECTIONS. (AMENDMENT) -- AMENDED & PASSED UNANIMOUSLY


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