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ACTIONS
DULUTH CITY COUNCI
L MEETING

Monday, August 24, 2009

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES - May 7, 11, 26 and June 8, 2009. -- APPROVED


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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)


09-0522R - 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, 2009, AND ENDING AUGUST 31, 2010. -- PASSED


09-0523R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE WINE RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2009, AND ENDING AUGUST 31, 2010. -- PASSED


09-0524R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE CLUB LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2009, AND ENDING AUGUST 31, 2010. -- PASSED


09-0525R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE INTOXICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2009, AND ENDING AUGUST 31, 2010. -- PASSED


09-0526R - RESOLUTION APPROVING THE ISSUANCE OF BREWERY MALT LIQUOR OFF SALE INTOXICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2009, AND ENDING AUGUST 31, 2010. -- PASSED


09-0532R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH ERLING R. HANSEN GENERAL CONTRACTOR FOR REMOVAL OF EXISTING CONCRETE TOPPING AND WATERPROOFING, INSTALLATION OF NEW WATERPROOFING, INSULATION, PAVER SYSTEM AND PLANTERS, AND MASONRY RESTORATION FOR THE TIGER DECK AT THE LAKE SUPERIOR ZOO IN THE AMOUNT OF $147,400. -- PASSED


09-0536R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF HISTORIC UNION DEPOT (THE DEPOT), 506 WEST MICHIGAN STREET. -- PASSED

 

09-0542R - RESOLUTION AMENDING RESOLUTION 09-0505 APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF ROSE GARDEN ENTERPRISES, LLC (VALENTINI’S VICINO LAGO), 1400 LONDON ROAD. -- PASSED

 

COMMITTEE 2


BY COUNCILOR ECKENBERG    (INTERGOVERNMENTAL RELATIONS)


09-0533R - 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 $25,485 IN CAPACITY BUILDING AWARD FUNDS. -- PASSED


BY PRESIDENT GILBERT                  (COMMITTEE OF THE WHOLE)


09-0521R - RESOLUTION AUTHORIZING SETTLEMENT OF LAWSUIT BETWEEN GINA AND RICK LABELLE AND THE CITY OF DULUTH IN THE AMOUNT OF $30,000. -- PASSED


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


09-0467R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH ZIEGLER, INC., FOR THE PURCHASE AND DELIVERY OF TWO USED CATERPILLAR 140M MOTOR GRADERS FOR A TOTAL AMOUNT OF $494,717.50. -- PASSED


09-0515R - RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY AND A LOAN AGREEMENT FOR PHASE I OF THE EAST INTERCEPTOR SSO STORAGE FACILITY PROJECT, LIFT STATION NO. 6 RECONSTRUCTION, COLLECTION SYSTEM AND DIVERSION STRUCTURE PIPING IMPROVEMENTS. -- PASSED


09-0519R - RESOLUTION AUTHORIZING THIRD AMENDMENT TO REDEVELOPMENT AGREEMENT WITH ALLETE, INC., FOR DULUTH STEAM DISTRICT NO. 2. -- PASSED


09-0520R - RESOLUTION AUTHORIZING FOURTH AMENDMENT TO MANAGEMENT, OPERATION AND MAINTENANCE AGREEMENT WITH ALLETE, INC., FOR DULUTH STEAM DISTRICT NO. 2. -- PASSED


09-0530R - RESOLUTION AMENDING RESOLUTIONS 08-0497 AND 09-0123 AWARDING A CONTRACT FOR A PROFESSIONAL ENGINEERING SERVICES 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 AMOUNT OF $84,115.40 FOR A NEW TOTAL OF $599,021.28. -- PASSED


09-0531R - RESOLUTION AMENDING RESOLUTION 08-0339 AWARDING A CONTRACT FOR A PROFESSIONAL ENGINEERING SERVICES AGREEMENT TO LHB, INC. FOR THE YEAR 2009 MUNICIPAL STATE AID TURNBACK PROJECT LOCATED ON SECOND STREET BETWEEN MESABA AVENUE AND 24TH AVENUE EAST IN THE AMOUNT OF $278,903.50 FOR A NEW TOTAL OF $438,875.50. -- PASSED


09-0534R - RESOLUTION AWARDING A CONTRACT TO BELAIR BUILDERS, INC. DBA BELAIR EXCAVATING FOR 2009 WATER MAIN REPLACEMENT IN CONGDON BOULEVARD, 90TH AVENUE EAST AND WEST MARBLE STREET IN THE AMOUNT OF $405,514.88. -- PASSED


09-0535R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH DULUTH LAWN AND SPORT FOR THE PURCHASE AND DELIVERY OF A JOHN DEERE UTILITY TRACTOR (HIGHWAY MOWER) MODEL 5093E FOR A TOTAL AMOUNT OF $78,895.29. -- PASSED


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


09-0517R - RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE MINNESOTA DEPARTMENT OF COMMERCE IN THE AMOUNT OF $151,850 FOR AN AUTO THEFT INVESTIGATOR. -- PASSED


09-0518R - RESOLUTION AUTHORIZING AGREEMENT WITH LSC FOR PROCESSING OF PARKING CITATIONS. -- PASSED


09-0537R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES ON MICHIGAN STREET ON SEPTEMBER 3, 2009, IN CONJUNCTION WITH THE DULUTH SUPERIOR GLBT PRIDE FESTIVAL AND SUBJECT TO CERTAIN CONDITIONS. -- PASSED


END OF CONSENT AGENDA

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The following entitled resolutions were also considered:


COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


09-0527R - RESOLUTION APPROVING RENEWAL AND ISSUANCE OF THE ON SALE INTOXICATING LIQUOR, ADDITIONAL BAR LICENSE, ON SALE DANCING LICENSE AND 2:00 A.M. BEVERAGE LICENSE OF NORSHOR EXPERIENCE, INC. (NORSHOR EXPERIENCE), 211 EAST SUPERIOR STREET, FOR THE PERIOD BEGINNING SEPTEMBER 1, 2009, AND ENDING AUGUST 31, 2010. -- FAILED 1-8 (Stauber)


09-0528R - RESOLUTION DENYING RENEWAL OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE DANCE LICENSE OF NORSHOR EXPERIENCE, INC. (NORSHOR EXPERIENCE), 211 EAST SUPERIOR STREET, FOR THE PERIOD BEGINNING SEPTEMBER 1, 2009, AND ENDING AUGUST 31, 2010. -- PASSED 8-1 (Stauber)

 

09-0538R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH TIERNEY BROTHERS, INC., FOR THE PURCHASE AND INSTALLATION OF TECHNICAL AUDIO/VIDEO/DATA EQUIPMENT FOR THE DULUTH CITY COUNCIL CHAMBER FOR A TOTAL AMOUNT OF $218,148.93. -- RETURNED TO ADMINISTRATION FOR MORE STUDY


09-0540R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH MAX GRAY CONSTRUCTION INC. FOR CASEWORK ALTERATIONS AND ADDITIONS, ACCENT LIGHTING, AND WINDOW TREATMENTS TO ACCOMMODATE TECHNOLOGY UPGRADES FOR THE COUNCIL CHAMBERS IN CITY HALL IN THE AMOUNT OF $69,100. -- RETURNED TO ADMINISTRATION FOR MORE STUDY

 

COMMITTEE 2


BY PRESIDENT GILBERT                  (COMMITTEE OF THE WHOLE)

 

09-0539R - RESOLUTION AMENDING RESOLUTION 09-0007 RETAINING MAKI AND OVEROM, CHARTERED, INCREASING THE AMOUNT BY $50,000 FOR A NEW TOTAL AMOUNT NOT TO EXCEED $60,000. (REPLACEMENT) -- PASSED 8-1 (Stauber)

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


The following entitled ordinances were read for the first time:


COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)


09-045-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $1,698,450 GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL WATER UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- 1st READING

 

COMMITTEE 2


BY PRESIDENT GILBERT                  (COMMITTEE OF THE WHOLE)

 

09-047-O - AN ORDINANCE EXTENDING THE TERM OF THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT. -- 1st READING

COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)

 

09-044-O - AN ORDINANCE ESTABLISHING METHOD OF DETERMINING WATER, GAS AND SEWER FEES IN LIEU OF ASSESSMENT, AMENDING CHAPTERS 43 AND 48 OF THE CODE. -- 1st READING


09-046-O - AN ORDINANCE CLARIFYING THE ASSESSMENT OF PROJECTS INITIATED BY COUNCIL RESOLUTION, AMENDING SECTION 45-77 OF THE CODE. -- 1st READING


The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


09-040-O - AN ORDINANCE AMENDING SECTION 8 OF THE CITY CHARTER ELIMINATING A STATED DOLLAR AMOUNT FOR CERTAIN CONTRACTS. -- PASSED UNANIMOUSLY


09-043-O - AN ORDINANCE AMENDING CHAPTER 41 PURCHASING PROVISIONS, AMENDING SECTION 41-32 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- PASSED UNANIMOUSLY


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


09-041-O - AN ORDINANCE AMENDING PLATE NO. 41 OF THE OFFICIAL FLOODPLAIN AND SHORELAND MAP AS IDENTIFIED IN SECTION 51-5 OF THE DULUTH CITY CODE DEFINING THE FLOOD FRINGE AND FLOODWAY FOR THE 40TH AVENUE EAST CREEK WITHIN THE LIMITS OF THE DULUTH PUBLIC SCHOOLS SITE AT 301 NORTH 40TH AVENUE EAST. -- PASSED UNANIMOUSLY


09-042-O - AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO A & L PROPERTIES TO CONSTRUCT A SKYWALK OVER EAST SUPERIOR STREET BETWEEN THE DULUTH TECHNOLOGY VILLAGE BUILDING AND THE WIELAND BLOCK BUILDING. -- PASSED 8-0-1 (Fedora abstained)


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Meeting adjourned at 8:25 p.m.