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ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, June 14, 2010

 

ROLL CALL -- ALL PRESENT

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RESOLUTIONS TABLED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-0288R - RESOLUTION DENYING A REQUEST TO AMEND CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 38 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-2, TWO-FAMILY RESIDENTIAL, TO C-1, COMMERCIAL, PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 21ST AVENUE EAST AND SUPERIOR STREET (MARDI BAGLEY AND SHARON KANGAS). -- PASSED


BY COUNCILOR STAUBER AND PRESIDENT ANDERSON


10-0258R - RESOLUTION INCREASING THE PARKING METER TIME LIMITS FOR ALL ONE HOUR DOWNTOWN PARKING METERS TO TWO HOURS. -- PASSED AS AMENDED 6-3 (Boyle, Cuneo, Gauthier)


COMMITTEE 3


BY COUNCILOR GAUTHIER              (PUBLIC WORKS & UTILITIES)


10-0273R - RESOLUTION AMENDING GUIDELINES FOR THE PRIVATE SEWER SERVICE GRANT PROGRAM. -- PASSED


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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)


10-0290R - RESOLUTION AUTHORIZING BANKING SERVICES WITH M&I MARSHALL & ILSLEY BANK FOR AN ESTIMATED AMOUNT OF $82,506 PER YEAR. -- PASSED 8-0-1 (Fedora)


10-0310R - RESOLUTION AUTHORIZING EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH THE CITY OF DULUTH SUPERVISORY ASSOCIATION. -- PASSED


10-0321R - RESOLUTION AUTHORIZING CITY OFFICIALS TO ALLOCATE $6,800 FROM THE TOURISM TAX FUND BALANCE TO THE GREAT LAKES AQUARIUM. -- PASSED


BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


10-0291R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF LUCKY BREAK, INC. (HORSESHOE BILLIARDS), 2415 WEST SUPERIOR STREET. -- PASSED


10-0316R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSES OF VARIOUS LICENSEES. -- PASSED


10-0317R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM DULUTH AIRPORT AUTHORITY (AFTERBURNER LOUNGE), 4701 GRINDEN DRIVE, TO COFFEE CABIN, LLC (AFTERBURNER LOUNGE), SAME ADDRESS. -- PASSED


10-0318R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM THE PICKWICK, INC. (PICKWICK RESTAURANT), 508 EAST SUPERIOR STREET, TO THE WICK, INC. (PICKWICK RESTAURANT & BAR), SAME ADDRESS. -- PASSED


10-0319R - RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE ON SALE INTOXICATING LIQUOR LICENSE OF RUSTIC BAR, INC. (RUSTIC BAR), 401 NORTH CENTRAL AVENUE. -- PASSED


10-0320R - RESOLUTION APPROVING THE ISSUANCE OF LAWFUL GAMBLING PREMISE PERMIT TO THE WELCH CENTER, INC. -- PASSED


10-0322R - RESOLUTION AUTHORIZING AGREEMENT FOR MINNESOTA NATIONAL GUARD COUNTERDRUG SUPPORT FOR THE DULUTH POLICE DEPARTMENT. -- PASSED


BY COUNCILOR BOYLE                                  (PERSONNEL)


10-0302R - RESOLUTION CONFIRMING THE APPOINTMENTS OF DAVID KOHLHAAS, REPLACING LISA AUGUSTINE, VERONICA NELSON AND CORY SALMELA TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. -- PASSED


10-0303R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF JOHN M. EAGLETON AND ROY A. NIEMI TO THE DULUTH AIRPORT AUTHORITY. -- PASSED


10-0304R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF WILLIAM MAJEWSKI TO THE SANITARY SEWER BOARD OF THE WLSSD. -- PASSED


10-0307R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF JAMES A. LAUMEYER AND DARLENE MARSHALL TO THE ENTERTAINMENT AND CONVENTION CENTER AUTHORITY. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

10-0300R - RESOLUTION ESTABLISHING FEES RELATED TO APPLICATIONS FOR SPECIAL USE PERMITS FOR WIRELESS TELECOMMUNICATIONS FACILITIES. -- PASSED

 

BY PRESIDENT ANDERSON              (COMMITTEE OF THE WHOLE)


10-0329R - RESOLUTION APPOINTING A COUNCIL MEMBER AND ALTERNATE TO SERVE ON THE NORTHEAST MINNESOTA REGIONAL RADIO BOARD. -- PASSED

 

10-0332R - RESOLUTION REPLACING THE ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY. -- PASSED

 

COMMITTEE 3


BY COUNCILOR GAUTHIER              (PUBLIC WORKS & UTILITIES)


10-0298R - RESOLUTION AWARDING A CONTRACT TO WAGNER CONSTRUCTION, INC. FOR THE RECONSTRUCTION OF GLENWOOD STREET FROM 43RD AVENUE EAST TO 60TH AVENUE EAST IN THE AMOUNT OF $4,145,880.12. -- PASSED


10-0299R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF EMILY BANDLI IN THE AMOUNT OF $21,163.14. -- PASSED


10-0301R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF AUTO-OWNER’S INSURANCE COMPANY IN THE AMOUNT OF $100,000. -- PASSED

 

10-0309R - RESOLUTION AWARDING A CONTRACT TO RICE LAKE CONSTRUCTION GROUP FOR THE EAST INTERCEPTOR SANITARY SEWER OVERFLOW STORAGE FACILITY, PHASE 2, IN THE AMOUNT OF $11,626,107. -- PASSED


10-0323R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH BROCK WHITE COMPANY, LLC, FOR THE PURCHASE AND DELIVERY OF A CRACK SEALING TRAILER WITH OPTIONS IN THE AMOUNT OF $52,422.01. -- PASSED


10-0324R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH MACQUEEN EQUIPMENT, INC., FOR THE PURCHASE AND DELIVERY OF A 2010 VACTOR 2110 PLUS COMBINATION SEWER MACHINE IN THE AMOUNT OF $352,585.29. -- PASSED


10-0326R - RESOLUTION AWARDING A CONTRACT TO LEVINE & SON, INC., FOR CONSTRUCTION OF AN EIGHT INCH GAS MAIN REPLACEMENT ON THIRD STREET FROM EIGHTH AVENUE EAST TO LAKE AVENUE AND ON MESABA AVENUE FROM WEST THIRD STREET TO WEST FIRST STREET IN THE AMOUNT OF $498,861.95. -- PASSED


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


10-0311R - RESOLUTION TO RESCIND THE DESIGNATION AND ESTABLISHMENT AS ONE WAY STREETS THAT PART OF 12TH AVENUE EAST AND 14TH AVENUE EAST FROM LONDON ROAD TO FOURTH STREET FROM ONE WAY TRAFFIC TO TWO WAY TRAFFIC. -- PASSED


BY COUNCILOR GARDNER   (RECREATION, LIBRARIES & AUTHORITIES)

 

10-0306R - RESOLUTION AUTHORIZING CITY TO ACCEPT, IF AWARDED, A SOLAR ENERGY LEGACY GRANT FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT ANTICIPATED TO BE $41,159.10 AND COMMITTING LOCAL 25 PERCENT MATCH. -- PASSED


END OF CONSENT AGENDA


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The following entitled resolutions were also considered:


COMMITTEE 1

 

BY COUNCILOR BOYLE                                  (PERSONNEL)

 

10-0330R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF LABOR RELATIONS SPECIALIST. -- PASSED 7-2 (Gardner, Gauthier)

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

10-0294R - RESOLUTION OF INTENT TO SUPPORT THE USE OF TAX INCREMENT FINANCING FOR THE HILLSIDE DEVELOPMENT HOUSING DEVELOPMENT INITIATIVE. -- PASSED 7-2 (Fedora, Fosle)

 

10-0295R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY AN APPLICATION FOR A VARIANCE FROM THE MINIMUM REQUIRED FRONT YARD SETBACK (STEVE MARSHALL RE: 130 WEST EIGHTH STREET - PROPOSED ADDRESS). -- FAILED


10-0296R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY AN APPLICATION FOR A VARIANCE FROM THE MINIMUM REQUIRED FRONT YARD SETBACK (STEVE MARSHALL RE: 130 WEST EIGHTH STREET - PROPOSED ADDRESS). -- PASSED AS AMENDED


10-0312R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY AN APPLICATION FOR A VARIANCE FROM THE FRONT YARD PARKING RESTRICTIONS (PAUL AND HEATHER LICKE RE: 1031 WEST ARROWHEAD ROAD). -- FAILED 1-8 (Stauber)


10-0313R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY AN APPLICATION FOR A VARIANCE FROM THE FRONT YARD PARKING RESTRICTIONS (PAUL AND HEATHER LICKE RE: 1031 WEST ARROWHEAD ROAD). -- PASSED AS AMENDED 8-1 (Stauber)

 

10-0314R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY AN APPLICATION FOR A VARIANCE FROM THE FRONT YARD PARKING RESTRICTIONS (DANIEL MATTHES RE: 1020 WEST ARROWHEAD ROAD). -- TABLED FOR TWO WEEKS


10-0315R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY AN APPLICATION FOR A VARIANCE FROM THE FRONT YARD PARKING RESTRICTIONS (DANIEL MATTHES RE: 1020 WEST ARROWHEAD ROAD). -- TABLED FOR TWO WEEKS

 

BY COUNCILORS STAUBER AND FOSLE


10-0325R - RESOLUTION THANKING FINANCIAL DONORS AND RECOGNIZING THE EXCEPTIONAL TRAINING EFFORTS OF THE DULUTH POLICE K-9 MALIKAI AND HIS HANDLER OFFICER REBECCA KOPP. -- PASSED UNANIMOUSLY

 

COMMITTEE 3


BY COUNCILOR GAUTHIER              (PUBLIC WORKS & UTILITIES)

 

10-0308R - RESOLUTION ORDERING THE 2010 STREET PRESERVATION PROJECT: MINNESOTA AVENUE FROM 13TH STREET TO 43RD STREET AT AN ESTIMATED COST OF $1,543,882. -- PASSED UNANIMOUSLY

 

10-0333R - RESOLUTION OF INTENT TO SELL DSD NO. 1 TO VEOLIA ENERGY NORTH AMERICA HOLDINGS, INC., SUBJECT TO CONDITIONS. -- AMENDED AND FAILED 3-6 (Fedora, Fosle, Stauber)

 

BY COUNCILOR GARDNER   (RECREATION, LIBRARIES & AUTHORITIES)

10-0292R - RESOLUTION ACCEPTING DONATION OF PLAYFRONT EQUIPMENT FROM THE JUNIOR LEAGUE OF DULUTH, INC.). -- PASSED UNANIMOUSLY

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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)


10-027-O - AN ORDINANCE AMENDING CHAPTER 31 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADDING A NEW SECTION 31-3 PROVIDING GENERAL REQUIREMENTS FOR CITY APPROVALS. -- 1st READING


10-028-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION REVENUE BONDS OR NOTES OF THE CITY OF DULUTH IN THE MAXIMUM AMOUNT OF $12,100,000 FOR THE IMPROVEMENT OF THE MUNICIPAL SEWER UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. -- 1st READING


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The following entitled ordinances were read for the second time:


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-025-O - AN ORDINANCE AMENDING CHAPTER 50, OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 38 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-2, TWO-FAMILY RESIDENTIAL, TO C-1, COMMERCIAL, PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 21ST AVENUE EAST AND SUPERIOR STREET (MARDI BAGLEY AND SHARON KANGAS). -- FAILED


10-026-O - AN ORDINANCE AMENDING SECTION 50-35 OF THE DULUTH CITY CODE, 1959, AS AMENDED; PROVIDING FOR A SPECIAL USE PERMIT REGULATING WIRELESS TELECOMMUNICATIONS FACILITIES.  (AMENDMENT) -- PASSED AS AMENDED


BY COUNCILORS STAUBER AND GARDNER


10-024-O - AN ORDINANCE AMENDING SECTIONS 29A-38, 29A-39 AND 29A-40 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO MANDATORY RENTAL AGREEMENT DISCLOSURES. -- PASSED 7-2 (Fedora, Fosle)


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Adjourned at 11:00 p.m.