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SEE DISCLAIMER


ACTIONS
DULUTH CITY COUNCI
L MEETING

Monday, April 13, 2009

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES - December 15, 2008. -- APPROVED

 

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RESOLUTIONS TABLED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


09-0131R - RESOLUTION DENYING A REQUEST TO AMEND CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, ZONING DISTRICT MAP NO. 27 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE-FAMILY RESIDENTIAL, AND S, SUBURBAN, TO C-5, PLANNED COMMERCIAL, FOR PROPERTY LOCATED ON BOTH SIDES OF SUNDBY ROAD, NORTH OF PAGE STREET (MISSION DEVELOPMENT LLC/ARROWHEAD COMMERCIAL PARTNERS, LLC).  (REPLACEMENT)  (TABLED 2/23 FOR COMMITTEE MEETING) -- FAILED 1-8 (Krause)


BY PRESIDENT GILBERT                  (COMMITTEE OF THE WHOLE)


09-0160R - RESOLUTION AUTHORIZING CONSENT DECREE IN SETTLEMENT OF THE CLAIM OF UNITED STATES, ET AL.  (TABLED 3/9 FOR 4/6 COMMITTEE MEETING) -- PASSED 8-1 (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 FEDORA                                   (FINANCE)


09-0204R - RESOLUTION AUTHORIZING THE ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF SIDEWALK PATCH 2008. -- PASSED


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


09-0211R - RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO LAKE SUPERIOR BREWING COMPANY, LLC (EARTH DAY), LEIF ERICKSON PARK. -- PASSED


09-0212R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND 2:00 A.M. BEVERAGE LICENSE FROM BLUE SKY DULUTH, INC. (OLY’S DULUTH PUB), 323 WEST FIRST STREET, TO LIVE BAR, INC. (LIVE DOWNTOWN), SAME ADDRESS. -- PASSED


09-0213R - RESOLUTION ISSUING AN ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH LODGING, INC. (COMFORT INN WEST), 3900 WEST SUPERIOR STREET. -- PASSED

 

09-0241R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH EVOLVING SOLUTIONS, INC., FOR THE PURCHASE AND INSTALLATION OF A STORAGE AREA NETWORK, VMWARE AND BACKUP SOLUTION AT AN AMOUNT NOT TO EXCEED OF $167,579.85. -- PASSED


BY COUNCILOR GARDNER                             (PERSONNEL)


09-0198R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF ELECTRICIAN.

-- PASSED


09-0199R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF SENIOR PLANNER. -- PASSED


09-0200R -RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF MASTER ELECTRICIAN. -- PASSED


09-0201R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF EMPLOYMENT TECHNICIAN. -- PASSED


09-0202R - RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF COMMUNICATIONS AND POLICY OFFICER AND SPECIFYING CONTRACT BENEFITS FOR SAME. -- PASSED


09-0214R - RESOLUTION CONFIRMING THE APPOINTMENTS OF MEMBERS TO SERVE ON CITY BOARDS AND COMMISSIONS. -- PASSED


09-0215R - RESOLUTION CONFIRMING THE APPOINTMENT OF DREW DIGBY TO THE PLANNING COMMISSION, REPLACING GILBERT HARRIES. -- PASSED


09-0216R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF HENRY BANKS, HEATHER RAND AND JOHN VIGEN TO THE PLANNING COMMISSION. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


09-0203R - RESOLUTION AUTHORIZING ADOPTION OF THE AMENDED COMMUNITY DEVELOPMENT PROGRAM CITIZENS PARTICIPATION PLAN. -- PASSED


09-0209R - RESOLUTION AUTHORIZING THE REIMBURSEMENT TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY OF 20 PERCENT OF THE REPAYMENT RECEIVED ON A WORK OUT AGREEMENT WITH SINEX AVIATION TECHNOLOGIES D/B/A EMPOWERMX. -- PASSED

 

09-0234R - CONDITIONAL RESOLUTION OF INTENT TO APPROVE PROPERTY EXCHANGE WITH KOHL’S DEPARTMENT STORES, INC. -- PASSED


09-0236R - RESOLUTION ACCEPTING A PUBLIC RIGHT-OF-WAY EASEMENT ON PROPERTY OWNED BY LAKE SUPERIOR CENTER AUTHORITY. -- PASSED


BY COUNCILOR ECKENBERG    (INTERGOVERNMENTAL RELATIONS)


09-0205R - RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH ST. LOUIS COUNTY FOR CIVIC CENTER RETAINING WALL REPAIR. -- PASSED


BY PRESIDENT GILBERT                  (COMMITTEE OF THE WHOLE)


09-0217R - RESOLUTION ENDORSING DOMESTIC SPENDING OF FEDERAL ECONOMIC RENEWAL GRANTS. -- PASSED


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


09-0179R - RESOLUTION APPROVING A ST. LOUIS COUNTY PROJECT PROVIDING FOR IMPROVEMENT OF HAINES ROAD FROM MORRIS THOMAS ROAD TO AIRPORT ROAD WITHIN THE CORPORATE LIMITS OF THE CITY OF DULUTH -- PASSED


09-0196R - RESOLUTION AUTHORIZING AN AMENDMENT TO A CONTRACT FOR A TRANSPORTATION STUDY ALONG LONDON ROAD (T.H. 61) IN DULUTH, PERTAINING TO RESOLUTION 07-0444, AT NO ADDITIONAL COST. -- PASSED


09-0206R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF TRAVIS L. CARLSON IN THE AMOUNT OF $11,971.35. -- PASSED


09-0210R - RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR PROFESSIONAL SERVICES IN CONNECTION WITH PAINTING LANE LINES ON CITY STREETS AT A COST NOT TO EXCEED $60,000. -- PASSED


09-0218R - RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY AND THE CITY OF HERMANTOWN FOR SIGNAL INSTALLATION, STREET LIGHTS, SIGNING AND TRAFFIC CONTROL AT THE INTERSECTIONS OF MAPLE GROVE ROAD (CSAH 6) AT MALL DRIVE AND BURNING TREE ROAD. -- PASSED


09-0219R - RESOLUTION AMENDING CONTRACT 20596 FOR PROFESSIONAL ENGINEERING SERVICES WITH SALO ENGINEERING, INC., FOR ENGINEERING SERVICES AND FIELD DATA COLLECTION FOR 2008-2010 CONSTRUCTION PROJECTS IN THE ESTIMATED AMOUNT OF $6,720.08 FOR A NEW TOTAL OF $21,720.08. -- PASSED


09-0229R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH VIELE CONTRACTING, INC., FOR THE PURCHASE AND DELIVERY OF CLASS 5 GRAVEL, 3/4 INCH WASHED ROCK, RIP-RAP AND BEDDING SAND FOR PUBLIC WORKS AND UTILITIES AND STREET MAINTENANCE PROJECTS IN YEAR 2009 FOR A TOTAL AMOUNT OF $172,849.50. -- PASSED


09-0231R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH GROEBNER AND ASSOCIATES, INC., FOR THE PURCHASE AND DELIVERY OF 400 HARDCASE TEMPERATURE-COMPENSATED GAS METERS IN THE AMOUNT OF $28,659.15. -- PASSED


09-0240R - RESOLUTION AUTHORIZING AN AGREEMENT WITH MSA PROFESSIONAL SERVICES, INC. FOR ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF THE EAST INTERCEPTOR SANITARY SEWER OVERFLOW STORAGE FACILITY. -- PASSED


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)

 

09-0235R - RESOLUTION APPROVING AGREEMENT WITH SAFE HAVEN SHELTER FOR BATTERED WOMEN, INC., FOR SERVICES RELATED TO THE DOMESTIC ABUSE INTERVENTION PROJECT IN THE AMOUNT OF $30,303. -- PASSED


BY COUNCILOR ANDERSON  (RECREATION, LIBRARIES & AUTHORITIES)


09-0192R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH LAKE SUPERIOR GIRLS FASTPITCH, A MINNESOTA NONPROFIT CORPORATION, FOR A PERIOD ENDING ON AUGUST 1, 2013. -- PASSED


09-0208R - RESOLUTION ACCEPTING OPPORTUNITY ONLINE HARDWARE GRANT IN A TOTAL AMOUNT OF $65,000 FOR THE PURCHASE AND INSTALLATION OF 40 PUBLIC COMPUTERS AT THREE LIBRARY LOCATIONS AND COMMITTING LOCAL MATCH. (REPLACEMENT) -- PASSED


END OF CONSENT AGENDA


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The following entitled resolutions were also considered:


COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)


09-0220R - RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSFER $20,000 FROM THE TOURISM TAX FUND BALANCE TO THE CAPITAL IMPROVEMENT FUND 450 FOR LAKEWALK TRAIL. -- PASSED UNANIMOUSLY


09-0223R - RESOLUTION AUTHORIZING THE WRITE OFF OF AN UNCOLLECTIBLE DEBT IN THE AMOUNT OF $48,306, RELATING TO A FORGIVABLE LOAN WITH INVISION OF DULUTH, INC., D/B/A CONNECTING POINT. -- PASSED UNANIMOUSLY


09-0224R - RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR MAY 1, 2009, TO APRIL 30, 2010, IN THE AMOUNT OF $4,731,717 AND THE CAPITAL REPAIR AND REPLACEMENT BUDGET FOR THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. -- PASSED UNANIMOUSLY


09-0225R - RESOLUTION CALLING FOR THE PREPAYMENT AND REDEMPTION OF GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 2001D OF THE CITY OF DULUTH, MINNESOTA AND TRANSFERRING MONIES FROM THE COMMUNITY INVESTMENT TRUST FUND THEREFOR. -- PASSED 8-1 (Stauber)


09-0226R - RESOLUTION TRANSFERRING MONIES FROM COMMUNITY INVESTMENT TRUST FUND FOR THE STREET RECONSTRUCTION, PRESERVATION AND MAINTENANCE PROGRAM. -- PASSED 8-1 (Stauber)


09-0227R - RESOLUTION TRANSFERRING MONIES TO STREET IMPROVEMENT DEBT SERVICE FUND FROM THE COMMUNITY INVESTMENT TRUST FUND TO CANCEL 2009 DEBT SERVICE TAX LEVY. -- PASSED 8-1 (Stauber)

 

09-0242R - RESOLUTION RECOMMENDING COLLECTION EFFORTS BE INITIATED AGAINST SINEX AVIATION TECHNOLOGIES, INC., DBA EMPOWER MX. -- WITHDRAWN FROM AGENDA

 

BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


09-0207R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH MERCURY ASSOCIATES, INC., FOR PROFESSIONAL SERVICES IN EVALUATING AND DETERMINING THE APPROPRIATENESS OF THE CURRENT CITY FLEET REPLACEMENT PLAN AT AN AMOUNT NOT TO EXCEED $24,420. -- TABLED FOR MORE INFORMATION

 

BY COUNCILOR GARDNER                             (PERSONNEL)

 

09-0243R - RESOLUTION CONFIRMING THE APPOINTMENT OF DAVID MONTGOMERY AS THE CHIEF FINANCIAL OFFICER FOR THE CITY OF DULUTH. -- PASSED 8-1 (Gilbert)

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

09-0228R - RESOLUTION AUTHORIZING THE ACCEPTANCE OF $1,600,000 IN NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDING FROM MINNESOTA HOUSING FINANCE AGENCY AND AUTHORIZING CONTRACTS WITH APPROPRIATE AGENCIES. (AMENDMENT) -- PASSED UNANIMOUSLY

 

09-0233R - RESOLUTION OF COUNCIL INTENT RELATING TO VARIANCES FROM RENTAL LICENSE RESTRICTIONS IN THE PROTECTION ZONE. -- PASSED 8-1 (Fosle)


09-0237R - RESOLUTION DENYING AN APPLICATION FOR VARIANCE FROM THE SIGN CODE BY AH ZEPPA FAMILY FOUNDATION FOR PROPERTY LOCATED AT 222 EAST SUPERIOR STREET. -- FAILED 0-8-1 (Cuneo abstained)


09-0238R - RESOLUTION GRANTING AN APPLICATION FOR SIGN CODE VARIANCE BY AH ZEPPA FAMILY FOUNDATION FOR PROPERTY LOCATED AT 222 EAST SUPERIOR STREET. -- AMENDED & PASSED 8-0-1 (Cuneo abstained)

 

COMMITTEE 3

 

BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


09-0230R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH ELK RIVER FORD FOR THE PURCHASE AND DELIVERY OF TEN 2009 FORD CROWN VICTORIA INTERCEPTOR VEHICLES FOR USE AS FULLY-MARKED POLICE SQUADS IN THE AMOUNT OF $226,083.60. -- PASSED 8-1 (Gilbert)


09-0232R - RESOLUTION TEMPORARILY ALLOWING PARKING ON HARBOR DRIVE UNDER CERTAIN CONDITIONS. -- PASSED 7-2 (Gilbert, Stauber)

 

BY COUNCILOR ANDERSON  (RECREATION, LIBRARIES & AUTHORITIES)


09-0195R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GIFT FROM ST. LOUIS COUNTY IN THE AMOUNT OF $12,500 TO SUPPORT THE CONSTRUCTION OF THE DULUTH SKATE PARK. -- PASSED UNANIMOUSLY


09-0239R - RESOLUTION DESIGNATING A CERTAIN AREA FOR USE AS AN OFF-LEASH DOG AREA. -- FAILED 3-6 (Andersion, Gilbert, Gardner)

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


09-006-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, ZONING DISTRICT MAP NO. 27 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE-FAMILY RESIDENTIAL, AND S, SUBURBAN, TO C-5, PLANNED COMMERCIAL, FOR PROPERTY LOCATED ON BOTH SIDES OF SUNDBY ROAD, NORTH OF PAGE STREET (MISSION DEVELOPMENT, LLC/ARROWHEAD COMMERCIAL PARTNERS, LLC).  (REPLACEMENT) (TABLED 3/9 FOR COMMITTEE MEETING) -- PASSED 8-1 (Krause)


The following entitled ordinances weare read for the first time:


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


09-014-O - AN ORDINANCE REPEALING SECTION 29A-32.1(h) OF THE DULUTH CITY CODE, 1959, AS AMENDED; PROVIDING FOR A VARIANCE FROM THE RENTAL LICENSE RESTRICTION PROVIDED FOR IN SECTIONS 29A-32.1(a) AND 29A-32.1(b) OF CHAPTER 29A. -- 1st READING


09-015-O - AN ORDINANCE AMENDING SECTION 2-132 OF THE DULUTH CITY CODE, 1959, AS AMENDED, ESTABLISHING THE MEMBERSHIP OF THE ENVIRONMENTAL ADVISORY COUNCIL. -- 1st READING


COMMITTEE 3


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


09-013-O - AN ORDINANCE MODIFYING PARKING REGULATIONS, ALLOWING FOR USE OF DIFFERENT PARKING METERING EQUIPMENT, AMENDING SECTIONS 33-101, 33-102, 33-104, 33-106, 33-107, 33-108, 33-109, 33-110, 33-111 AND 33-112 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- 1st READING


09-016-O - AN ORDINANCE REPEALING CHAPTER 6, ARTICLE V, AND AMENDING SECTIONS 6-3, 6-4, 6-12, 6-27, 6-39, 6-82, 6-84, 6-85, 6-86, 6-87 AND 6-96 OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO THE ANIMAL HUMANE BOARD. -- 1st READING


The following entitled ordinance was read for the second time:


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


09-010-O - AN ORDINANCE GRANTING TO HERITAGE FOUNDATION, INC., (AKA DULUTH AREA FAMILY YMCA) A CONCURRENT USE PERMIT FOR A SKYWALK INTO AND OVER THE RIGHT-OF-WAY OF THE WEST FIRST STREET ALLEY FOR PROPERTY LOCATED AT 302 WEST FIRST STREET. -- PASSED UNANIMOUSLY


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