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ACTIONS
DULUTH CITY COUNCI
L MEETING

Monday, October 26, 2009

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES - June 15 and July 13, 2009. -- APPROVED

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RESOLUTIONS TABLED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


09-0620R - RESOLUTION AFFIRMING THE ACTIONS OF THE PLANNING COMMISSION AND GRANTING A SPECIAL USE PERMIT AND VARIANCE TO INDEPENDENT SCHOOL DISTRICT 709 AS AUTHORIZED BY CHAPTER 51, ARTICLE III, OF THE CITY OF DULUTH LEGISLATIVE CODE FOR PROPERTY LOCATED AT 301 NORTH 40TH AVENUE EAST (UNNAMED EASTERN HIGH SCHOOL PROJECT). (TABLED 10/12) -- REMAINED ON THE TABLE


09-0621R - RESOLUTION REVERSING THE ACTIONS OF THE PLANNING COMMISSION AND DENYING A SPECIAL USE PERMIT AND VARIANCE TO INDEPENDENT SCHOOL DISTRICT 709 AS AUTHORIZED BY CHAPTER 51, ARTICLE III, OF THE CITY OF DULUTH LEGISLATIVE CODE FOR PROPERTY LOCATED AT 301 NORTH 40TH AVENUE EAST (UNNAMED EASTERN HIGH SCHOOL PROJECT). (TABLED 10/12) -- REMAINED ON THE TABLE


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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)

 

09-0644R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF GENERAL OBLIGATION UTILITIES REVENUE BONDS, SERIES 2009E. -- PASSED


09-0645R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2009F. -- PASSED


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


09-0626R - RESOLUTION AUTHORIZING CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH PLOVER GROUP, INC., FOR PROFESSIONAL PROJECT MANAGER SERVICES RELATED TO THE DEVELOPMENT AND IMPLEMENTATION OF THE ONE-STOP-SHOP PROJECT THROUGH THE CREATION OF A NEW DEPARTMENT CONTAINING PLANNING, LAND USE AND CONSTRUCTION PERMITTING AND SERVICES FOR AN AMOUNT NOT TO EXCEED $30,000. -- PASSED


09-0629R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF GMRI, INC. (RED LOBSTER), 301 LAKE AVENUE SOUTH. -- PASSED


09-0666R - RESOLUTION ISSUING AN ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND 2:00 A.M. BEVERGE LICENSE TO HANABI JAPANESE CUISINE, LLC (HANABI JAPANESE CUISINE), 110 NORTH FIRST AVENUE WEST. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


09-0632R - RESOLUTION AUTHORIZING AGREEMENT WITH THE GREATER DOWNTOWN COUNCIL FOR OPERATION OF SIGNAGE IN THE DOWNTOWN SKYWALK SYSTEM. -- PASSED


09-0634R - RESOLUTION AUTHORIZING A MAINTENANCE AGREEMENT WITH ARROWHEAD REGIONAL DEVELOPMENT COMMISSION FOR CAIRN SIGNAGE AT BRIGHTON BEACH. -- PASSED


09-0656R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO THE CITY ENGINEERING DIVISION FOR A COMMUNICATIONS EQUIPMENT BUILDING ON THE HIGHLAND WATER TOWER SITE AT 1701 NORTH ARLINGTON AVENUE (ERIC SHAFFER). -- PASSED


09-0658R - RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF SAINT LOUIS COUNTY RECLASSIFY TO NONCONSERVATION TWO TAX FORFEITED PARCELS NEAR THE INTERSECTION OF SWAN LAKE ROAD AND KRUEGER JUNCTION ROAD (MINNESOTA POWER AIRPARK SUBSTATION). -- PASSED

 

 

09-0662R - RESOLUTION APPROVING THE VACATION OF PART OF BAYVIEW AVENUE (JEFFREY JACKSON). -- PASSED


09-0663R - RESOLUTION APPROVING A SPECIAL USE PERMIT TO AT&T MOBILITY FOR A TELECOMMUNICATIONS MONOPOLE AT 2101 TRINITY ROAD (PETER CAMPBELL, BUELL CONSULTING, INC.). -- PASSED

 

 

BY PRESIDENT GILBERT                  (COMMITTEE OF THE WHOLE)


09-0627R - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH BLUE CROSS AND BLUE SHIELD OF MINNESOTA TO PROVIDE ADMINISTRATIVE SERVICES AND STOP LOSS INSURANCE TO THE CITY GROUP HEALTH PLAN DURING YEAR 2009 AT AN ESTIMATED TOTAL COST TO THE CITY OF $1,063,486. -- PASSED


09-0633R - RESOLUTION ACCEPTING A MATCHING GRANT FROM THE DULUTH-SUPERIOR AREA COMMUNITY FOUNDATION IN THE AMOUNT OF $10,000 FOR DEVELOPMENT OF A MODEL CARBON EMISSIONS IN THE CITY OF DULUTH AND DEVELOPING AND IMPLEMENTING A PLAN TO REDUCE SAME. -- PASSED


09-0648R - RESOLUTION AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH CBIZ BENEFITS & INSURANCE SERVICES, INC., FOR A POST-EMPLOYMENT HEALTH CARE VALUATION IN AN AMOUNT NOT TO EXCEED $12,000. -- PASSED


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


09-0611R - RESOLUTION APPROVING THE FINAL LAYOUT FOR THE RECONSTRUCTION OF I-35, S.P 6982-290, IN THE CORPORATE LIMITS OF THE CITY OF DULUTH. -- PASSED


09-0630R - RESOLUTION AMENDING CONTRACT NO. C20859 WITH MSA PROFESSIONAL SERVICES, INC., FOR DESIGN AND CONSTRUCTION OF THE EAST INTERCEPTOR SANITARY SEWER OVERFLOW STORAGE FACILITY IN THE ESTIMATED AMOUNT OF $384,323.23 FOR A NEW TOTAL OF $2,191,782.23. -- PASSED


09-0631R - RESOLUTION AUTHORIZING A LAKEWALK TRAIL LICENSE AGREEMENT WITH THE ST. LOUIS AND LAKE COUNTIES REGIONAL RAILROAD AUTHORITY FOR OPERATION AND MAINTENANCE OF THE LAKEWALK TRAIL FROM 47TH AVENUE EAST TO 60TH AVENUE EAST. -- PASSED


09-0639R - RESOLUTION AUTHORIZING ACCEPTANCE OF A COASTAL NONPOINT PROGRAM IMPLEMENTATION GRANT FROM THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES, IN THE AMOUNT OF $5,000, FOR THE PROJECT ENTITLED IMPROVING WATER QUALITY BY USING ACCURATE GPS TECHNOLOGY AND COMMITTING LOCAL MATCH. -- PASSED


09-0646R - RESOLUTION AWARDING A CONTRACT TO RJS CONSTRUCTION GROUP, LLC, FOR THE EAST INTERCEPTOR SANITARY SEWER OVERFLOW STORAGE FACILITY - PHASE I IN THE AMOUNT OF $3,423,000. -- PASSED


09-0647R - RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES PARKS AND TRAILS LEGACY GRANT PROGRAM AND TO ENTER INTO A GRANT AGREEMENT FOR THE CROSS CITY TRAIL (MUNGER TRAIL EXTENSION) PROJECT. -- PASSED


09-0649R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH NORTH SHORE TRACK SERVICES, INC., FOR THE REMOVAL AND REPLACEMENT OF TRACK FOR THE PROPOSED SEWER CROSSING UNDER THE ST. LOUIS AND LAKE COUNTIES REGIONAL RAIL AUTHORITY TRACKAGE NEAR FITGER’S INN FOR A TOTAL AMOUNT OF $25,200. -- PASSED


09-0657R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH MONROE TRUCK EQUIPMENT FOR THE PURCHASE AND INSTALLATION OF ONE DUMP BODY AND ONE PERMANENT MOUNT SANDER ON TWO SINGLE AXLE TRUCKS IN THE AMOUNT OF $122,362.26. -- PASSED

 

09-0669R - RESOLUTION AUTHORIZING AGREEMENT WITH LATHAM & ASSOCIATES, INC., FOR PROFESSIONAL SERVICES RELATED TO THE POTENTIAL SALE OF DULUTH STEAM DISTRICT NO. 1 IN THE AMOUNT OF $80,000. -- PASSED

 

BY COUNCILOR CUNEO                               (PUBLIC SAFETY)

 

09-0635R - RESOLUTION TO ESTABLISH NO PARKING ON RAILROAD STREET BETWEEN GARFIELD AVENUE AND FIFTH AVENUE WEST. -- PASSED


09-0636R - RESOLUTION TO ESTABLISH NO PARKING ON THE WEST SIDE OF FOURTH AVENUE WEST BETWEEN FIRST STREET AND SECOND STREET. -- PASSED


09-0637R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH CHADER VOICE TECHNOLOGY, A DIVISION OF CHADER BUSINESS EQUIPMENT, FOR THE PURCHASE OF A COMPLETE POLICE DIGITAL DICTATION SYSTEM IN THE AMOUNT OF $67,850.66. -- PASSED


09-0640R - RESOLUTION ADOPTING PENALTY SCHEDULE FOR ADMINISTRATIVE PENALTIES PURSUANT TO DULUTH CITY CODE CHAPTER 12. -- PASSED

 

09-0652R - RESOLUTION AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY FOR SERVICES RELATED TO THE CONTINUATION OF THE ARREST PROGRAM. -- PASSED


09-0653R - RESOLUTION AUTHORIZING AGREEMENT WITH MINNESOTA PROGRAM DEVELOPMENT, INC. FOR SERVICES RELATED TO THE CONTINUATION OF THE ARREST PROGRAM. -- PASSED


09-0654R - RESOLUTION AUTHORIZING AGREEMENT WITH MENDING THE SACRED HOOP, INC. FOR SERVICES RELATED TO THE CONTINUATION OF THE ARREST PROGRAM. -- PASSED


09-0655R - RESOLUTION AUTHORIZING AGREEMENT WITH PROGRAM FOR AID TO VICTIMS OF SEXUAL ASSAULT, INC. FOR SERVICES RELATED TO THE CONTINUATION OF THE ARREST PROGRAM. -- PASSED

 

BY COUNCILOR ANDERSON   (RECREATION, LIBRARIES & AUTHORITIES)


 

09-0665R - RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH ARROWHEAD ZOOLOGICAL SOCIETY, INC. -- PASSED


END OF CONSENT AGENDA

 

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The following entitled resolutions were also considered:

 

COMMITTEE 1

 

BY COUNCILOR FEDORA                                   (FINANCE)


09-0638R - RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A $1,698,450 GENERAL OBLIGATION WATER UTILITY REVENUE NOTE, SERIES 2009, AND PROVIDING FOR ITS PAYMENT. -- PASSED 8-1 (Stauber)


09-0641R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2009B. -- PASSED 6-3 (Fedora, Krause, Stauber)


09-0642R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF TAXABLE GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS (BUILD AMERICA BONDS - DIRECT PAY), SERIES 2009C. -- PASSED 6-3 (Fedora, Krause, Stauber)


09-0643R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF GENERAL OBLIGATION CAPITAL EQUIPMENT NOTES, SERIES 2009D. -- PASSED 8-1 (Stauber)


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

09-0661R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO AT&T MOBILITY FOR A CELLULAR COMMUNICATIONS EQUIPMENT SHELTER ON THE WOODLAND WATER TOWER SITE AT 801 MINNEAPOLIS AVENUE (JAMES RIES, BUELL CONSULTING, INC.). -- PASSED UNANIMOUSLY

 

09-0664R - RESOLUTION VACATING A PORTION OF NORTH 53RD AVENUE EAST BETWEEN GLENWOOD STREET AND ONEIDA STREET AND PART OF THE ALLEY SOUTH OF GLENWOOD STREET FROM NORTH 54TH AVENUE EAST TO APPROXIMATELY 150 FEET WEST OF NORTH 53RD AVENUE EAST; AND DEDICATING A NEW NORTH-SOUTH ALLEY BETWEEN GLENWOOD STREET AND ONEIDA STREET APPROXIMATELY 150 FEET WEST OF NORTH 53RD AVENUE EAST AND A UTILITY EASEMENT FROM THE NEW DEDICATED ALLEY TO NORTH 53RD AVENUE EAST (INDEPENDENT SCHOOL DISTRICT NO. 709). -- PASSED 8-0-1 (Fosle abstained)

 

COMMITTEE 3


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)

 

09-0597R - RESOLUTION AMENDING RESOLUTION 89-0885 DESIGNATING PORTIONS OF CERTAIN STREETS IN THE VICINITY OF THE UNIVERSITY OF MINNESOTA - DULUTH AS RESIDENT PERMIT PARKING ZONES. -- PASSED UNANIMOUSLY

 

09-0651R - RESOLUTION TO DISESTABLISH A PORTION OF A METERED PARKING ZONE AND ESTABLISH POLICE-ONLY PARKING ON THE NORTH SIDE OF FIRST STREET FROM FOURTH AVENUE WEST TO 165 FEET WEST OF FOURTH AVENUE WEST. -- AMENDED & PASSED UNANIMOUSLY

 

09-0667R - RESOLUTION AUTHORIZING AGREEMENT WITH LHB ENGINEERS AND ARCHITECTS, INC., FOR DESIGN OF THE NEW PUBLIC SAFETY FACILITY IN THE AMOUNT OF $1,093,238. -- PASSED 7-2 (Fedora, Krause)

 

09-0668R - RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH TOMLINSON HOMES, INC., PROVIDING FOR THE USE OF PROPERTY FOR POLICE TRAINING AND AT NO COST TO THE CITY. -- PASSED 8-0-1 (Gilbert abstained)

 

BY COUNCILOR ANDERSON   (RECREATION, LIBRARIES & AUTHORITIES)


09-0650R - RESOLUTION GOVERNING THE SEASONAL DEER HUNT IN DULUTH BY DESIGNATING ADDITIONAL HOT SPOTS AVAILABLE FOR HUNTING DURING THE 2009 SEASON ONLY. -- AMENDED & PASSED 8-1 (Gilbert)

 

BY COUNCILORS ANDERSON AND FOSLE

 

09-0670R - RESOLUTION ESTABLISHING AN AMBULANCE/EMERGENCY SERVICES TASK FORCE. -- PASSED 5-3-1 (Nays:  Eckenberg, Fedora, Krause; Abstention:  Stauber)

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


The following entitled ordinance was read for the first time:


COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)


09-054-O - AN ORDINANCE AMENDING ORDINANCE NO. 9999 IN ITS ENTIRETY AUTHORIZING THE ISSUANCE, SALE AND DELIVER OF GENERAL OBLIGATION REVENUE BONDS OR NOTE OF THE CITY OF DULUTH IN THE MAXIMUM AMOUNT OF $2,500,000 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


The following entitled ordinances were read for the second time:


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


09-052-O - AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN CITY PROPERTY TO VARIOUS PARTIES. -- PASSED UNANIMOUSLY


09-053-O - AN ORDINANCE AUTHORIZING THE DIRECT SALE OF CERTAIN PROPERTY IN WISCONSIN TO DL SKIING, LLC, FOR $100. -- PASSED UNANIMOUSLY


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