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ACTIONS
DULUTH CITY COUNCI
L MEETING

Monday, July 13, 2009

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES - April 13 and 27, 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 FEDORA                                   (FINANCE)


09-0422R - RESOLUTION CONFIRMING ASSESSMENT LEVIED FOR REINSTATEMENT OF A CANCELED GARBAGE ASSESSMENT. -- PASSED


09-0432R - RESOLUTION ACCEPTING A STATE BONDING GRANT IN THE AMOUNT OF $4,900,000 AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF MINNESOTA ALL RELATED TO THE FIRST PHASE OF THE NEW AIRPORT TERMINAL PROJECT AT THE DULUTH INTERNATIONAL AIRPORT. -- PASSED


09-0460R - RESOLUTION APPROVING THE PROPOSED REORGANIZATION OF CHARTER COMMUNICATIONS, INC. -- PASSED


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


09-0443R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH ENVENTIS TELECOM, INC., FOR THE PURCHASE AND DELIVERY OF HARDWARE TO UPGRADE THE TELEPHONE SYSTEM AT REMOTE SITES IN THE AMOUNT OF $23,490. -- PASSED


09-0447R - RESOLUTION APPROVING THE 2:00 A.M. BEVERAGE LICENSE FOR BLACK WATER AT GREYSOLON, LLC, (BLACK WATER AT GREYSOLON), 213 EAST SUPERIOR STREET. -- PASSED


09-0448R - RESOLUTION ISSUING TEMPORARY ON SALE 3.2 MALT LIQUOR LICENSES TO VARIOUS LICENSEES. -- PASSED


09-0449R - RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO RIDGEVIEW COUNTRY CLUB, 700 WEST REDWING STREET. -- PASSED


09-0450R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSES OF FOND DU LAC MANAGEMENT, INC. (FOND DU LUTH CASINO), 129 EAST SUPERIOR STREET AND CLUB FRICTION, LLC, (SCORE SPORTS BAR & GRILL), 21 NORTH FOURTH AVENUE WEST. -- PASSED


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


09-0425R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF DANIEL AND ALANA HATFIELD IN THE AMOUNT OF $31,067.38. -- PASSED


09-0430R - RESOLUTION AMENDING CONTRACT NO. C20188 WITH MSA PROFESSIONAL SERVICES, INC. FOR IMPLEMENTING FALL PROTECTION IMPROVEMENTS AT WASTEWATER LIFT STATIONS IN THE ESTIMATED AMOUNT OF $5,063.50 FOR A NEW TOTAL OF $61,496.50. -- PASSED

 

09-0436R - RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND THE REGENTS OF THE UNIVERSITY OF MINNESOTA FOR THE FURNISHING OF PROFESSIONAL AND TECHNICAL SERVICES IN CONJUNCTION WITH THE DULUTH STREAMS PROJECT. -- PASSED


09-0440R - RESOLUTION ORDERING THE IMPROVEMENT TO PORTIONS OF CODY STREET, SUPERIOR STREET, MICHIGAN STREET, AND KENWOOD AVENUE AT AN ESTIMATED COST OF $2,216,960. -- PASSED

 

09-0442R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH DAKOTA SUPPLY GROUP FOR THE PURCHASE AND DELIVERY OF ITRON FC300SR HANDHELDS IN THE AMOUNT OF $18,515.02. -- PASSED


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


09-0420R - RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FROM MINNESOTA DEPARTMENT OF PUBLIC SAFETY HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION IN THE AMOUNT OF $20,000 FOR THE PURPOSE OF MAINTAINING LOCAL EMERGENCY MANAGEMENT PROGRAM. -- PASSED


09-0421R - RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FROM MINNESOTA DEPARTMENT OF PUBLIC SAFETY HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION IN THE AMOUNT OF $70,000 FOR THE PURPOSE OF SUPPORTING THE FIRE DEPARTMENT’S CHEMICAL ASSESSMENT TEAM. -- PASSED

 

09-0446R - RESOLUTION AMENDING RESOLUTION 09-0244, INCREASING THE GRANT AMOUNT FOR ASSISTANCE TO THE LAKE SUPERIOR DRUG AND GANG TASK FORCE BY $8,000. -- PASSED


09-0456R - RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ST. LOUIS COUNTY (SHERIFF) FOR FOUR QUARTERS OF SHIELD MAINTENANCE SOFTWARE ASSOCIATED WITH NEMESIS (NORTHEASTERN MINNESOTA ENFORCEMENT AND SAFETY INFORMATION SYSTEM) IN THE AMOUNT OF $52,582. -- PASSED


09-0457R - RESOLUTION AUTHORIZING ACCEPTING A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $372,529 AND AUTHORIZES SUBGRANT AGREEMENTS. -- PASSED


09-0458R - RESOLUTION APPROVING COOPERATIVE LAW ENFORCEMENT AGREEMENTS WITH U.S. FOREST SERVICE FOR LAW ENFORCEMENT SERVICES IN THE AMOUNT OF $5,000. -- PASSED


BY COUNCILOR ANDERSON     (RECREATION, LIBRARIES & AUTHORITIES)


09-0431R - RESOLUTION AUTHORIZING AGREEMENT BETWEEN DULUTH PUBLIC LIBRARY AND INDEPENDENT SCHOOL DISTRICT 709 AS FISCAL HOST FOR DULUTH IEIC. -- PASSED

 

09-0454R - RESOLUTION AUTHORIZING THE CITY OF DULUTH TO ENTER INTO A SERVICE AGREEMENT WITH THE DULUTH POLICE EXPLORER POST 224 AND THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY FOR PARKING ON DEDA-OWNED AND CITY-OWNED LOTS DURING THE BAYFRONT BLUES FESTIVAL. -- PASSED


09-0455R - RESOLUTION GOVERNING THE SEASONAL DEER HUNT IN DULUTH BY DESIGNATING CERTAIN “HOT SPOTS” AVAILABLE FOR HUNTING DURING THE 2009 SEASON ONLY. -- PASSED


END OF CONSENT AGENDA

 

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The following entitled resolutions are also for consideration at this meeting:


COMMITTEE 1

 

BY COUNCILOR FEDORA                                   (FINANCE)

 

09-0439R - RESOLUTION REQUESTING THE PARKS AND RECREATION COMMISSION REVIEW THE FEASIBILITY OF CREATING A NEIGHBORHOOD PLAYGROUND EQUIPMENT REVITALIZATION PROGRAM. -- AMENDED & PASSED UNANIMOUSLY


09-0453R - RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A $796,835 GENERAL OBLIGATION SEWER UTILITY REVENUE NOTE, SERIES 2009, AND PROVIDING FOR ITS PAYMENT. -- PASSED 8-1 (Stauber)

 

BY COUNCILOR KRAUSE           (PURCHASING & LICENSING)


09-0451R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF PLAYER’S GRANDSTAND, INC. (PLAYER’S GRANDSTAND), 4024 GRAND AVENUE. -- AMENDED & PASSED 6-1-2 (Nay:  Stauber; Abstentions:  Anderson, Fosle)


09-0459R - RESOLUTION DENYING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF PLAYER’S GRANDSTAND, INC. (PLAYER’S GRANDSTAND), 4024 GRAND AVENUE. -- FAILED 1-6-2 (Yea:  Stauber; Abstentions:  Anderson, Fosle)

 

BY COUNCILOR GARDNER                 (PERSONNEL)

 

09-0463R - RESOLUTION APPOINTING MEMBERS TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. -- RESOLUTION SPLIT: 

09-0463(a) -- TABLED

09-0463(b) -- PASSED 8-1 (Krause)

09-0463(c) -- PASSED 7-2 (Fosle, Krause)


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


09-0428R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO GRANT A VARIANCE TO ISD #709 TO ALLOW FRONT YARD PARKING ON PROPERTY LOCATED AT 301 NORTH 40TH AVENUE EAST (ORDEAN SCHOOL). -- WITHDRAWN FROM AGENDA (VARIANCE REQUEST WITHDRAWN BY ISD 709)


09-0429R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO GRANT A VARIANCE TO ISD #709 TO ALLOW FRONT YARD PARKING ON PROPERTY LOCATED AT 301 NORTH 40TH AVENUE EAST (ORDEAN SCHOOL). -- WITHDRAWN FROM AGENDA (VARIANCE REQUEST WITHDRAWN BY ISD 709)

 

09-0444R - RESOLUTION OF INTENT TO ESTABLISH AN APPEALS PROCESS AS PART OF THE CITY’S INFLOW AND INFILTRATION (I&I) PROGRAM. -- TABLED


09-0445R - RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN TAX FORFEITED PROPERTY IN LESTER PARK FROM THE STATE OF MINNESOTA THROUGH ST. LOUIS COUNTY. -- TABLED FOR CONSIDERATION WITH ORD. 09-037 ON 7/27

 

BY PRESIDENT GILBERT              (COMMITTEE OF THE WHOLE)

 

09-0464R - RESOLUTION AUTHORIZING SETTLEMENT OF LAWSUIT BETWEEN FINLEY STALVIG AND THE CITY OF DULUTH IN THE AMOUNT OF $45,000. -- PASSED UNANIMOUSLY

 


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)

09-0435R - RESOLUTION ESTABLISHING BICYCLE LANES ON KENWOOD AVENUE FROM SKYLINE PARKWAY TO ARROWHEAD ROAD. -- REMOVED FROM AGENDA

 

09-0441R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH LAKEHEAD CONSTRUCTORS, INC., FOR DEMOLITION AND REMOVAL OF ONE EXISTING COAL BUCKET ELEVATOR AND INSTALLATION OF A NEW COAL BUCKET ELEVATOR AT THE DULUTH STEAM UTILITY DISTRICT ONE PLANT IN THE AMOUNT OF $76,758. -- PASSED 8-0-1 (Fedora abstained)

 

BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


09-0434R - RESOLUTION ESTABLISHING A PARKING METER ZONE ON THE NORTH SIDE OF SUPERIOR STREET AT SIXTH AVENUE EAST. -- TABLED


09-0437R - RESOLUTION AUTHORIZING CITY OFFICIALS TO GIVE TO OFFICER STEVE PETERSON THE POLICE CANINE NERO. -- PASSED UNANIMOUSLY


09-0438R - RESOLUTION AUTHORIZING CITY OFFICIALS TO GIVE TO OFFICER REBECKA KOPP THE POLICE CANINE NIKO.-- PASSED UNANIMOUSLY

 

BY COUNCILOR ANDERSON     (RECREATION, LIBRARIES & AUTHORITIES)

 

09-0433R - RESOLUTION DESIGNATING LAKEWALK PROPERTY FROM 23RD TO 25TH AVENUES EAST AS PARK LAND. -- TABLED FOR MORE INFORMATION

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


The following entitled ordinances were read for the first time:


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


09-036-O - AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 1809, REPEALING SECTION 1 OF ORDINANCE 1809 AND REPEALING ORDINANCE 1917 IN ITS ENTIRETY, ALL RELATING TO THE CITY PLANNING COMMISSION. -- 1st READING


09-037-O - AN ORDINANCE AUTHORIZING A DEVELOPMENT AGREEMENT WITH DIAMOND WILLOW, LLC, PROVIDING FOR THE SALE OF CERTAIN PROPERTY AND FOR CONSTRUCTION OF A RESIDENTIAL CARE FACILITY AND A MEDICAL CLINIC IN LESTER PARK. -- 1st READING

 

09-038-O - AN ORDINANCE AUTHORIZING GRANTING OF A RESTRICTED AREA EASEMENT TO THE STATE OF MINNESOTA, DEPARTMENT OF MILITARY AFFAIRS, AND APPROVING THE GRANTING BY THE DULUTH AIRPORT AUTHORITY OF THE SAME, OVER PROPERTY AT THE DULUTH INTERNATIONAL AIRPORT. -- 1st READING


COMMITTEE 3

 

BY COUNCILOR CUNEO                               (PUBLIC SAFETY)

 

09-039-O - AN ORDINANCE DECLARING STATUTORY AND CODE VIOLATIONS AS CIVIL OFFENSES, AUTHORIZING CIVIL PENALTIES THEREFORE, AUTHORIZING CORRECTIVE ORDERS AND ESTABLISHING HEARING AND ENFORCEMENT PROCEDURES WITH REGARD THERETO, ADDING A NEW CHAPTER 12 TO THE CODE AND REPEALING SECTIONS 2-7 AND 2-7.1 THEREOF. -- 1st READING


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