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ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, April 26, 2010

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES - March 8 and 22, 2010. -- APPROVED

 

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RESOLUTION TABLED


COMMITTEE 2


BY COUNCILORS STAUBER, HARTMAN AND FEDORA


10-0189R - RESOLUTION ADDING AN INITIATIVE TO SUPPORT REVISIONS TO MINNESOTA STATUTES SECTION 471.345, SUBD. 13, TO THE CITY’S LEGISLATIVE AGENDA FOR 2010. (TABLED 4/12) -- REMAINED ON TABLE


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MOTIONS AND RESOLUTIONS


The following entitled resolution was read for the first time:


COMMITTEE 2


BY PRESIDENT ANDERSON              (COMMITTEE OF THE WHOLE)


10-0196R - RESOLUTION AMENDING THE STANDING RULES - ORDER OF BUSINESS FOR ALL MEETINGS EXCEPT ANNUAL ORGANIZATION MEETING. -- 1st READING

 

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CONSENT AGENDA

All matters listed under the consent agenda were enacted by one unanimous motion.


COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)


10-0224R - RESOLUTION CONFIRMING THE ASSESSMENT LEVIED FOR REINSTATEMENT OF CANCELED GARBAGE ASSESSMENT. -- PASSED


BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


10-0177R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH CITON COMPUTER CORPORATION FOR THE PURCHASE AND DELIVERY OF LENOVO COMPUTER HARDWARE (LAPTOPS) AND RELATED EQUIPMENT AS NEEDED DURING YEAR 2010 FOR A TOTAL ESTIMATED AMOUNT NOT TO EXCEED THE BUDGET ALLOCATION OF $150,000. -- PASSED


10-0201R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH TWIN PORT MAILING FOR POSTAGE AND MAILING SERVICES DURING YEAR 2010 FOR AN ESTIMATED AMOUNT OF $298,576. -- PASSED


10-0204R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2010, AND ENDING APRIL 30, 2011. -- PASSED


10-0205R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS AND 2:00 AM BEVERAGE LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2010, AND ENDING APRIL 30, 2011. -- PASSED


10-0206R - RESOLUTION RECOMMENDING APPROVAL OF THE CONSUMPTION AND DISPLAY LICENSE RENEWAL OF THE ORDER OF THE OWLS, DULUTH NEST #1200, FOR THE PERIOD BEGINNING APRIL 1, 2010, AND ENDING MARCH 31, 2011. -- PASSED


10-0207R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO THE COLLEGE OF ST. SCHOLASTICA, 1200 KENWOOD AVENUE. -- PASSED


10-0208R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSES OF GRANDMA’S, INC. (GRANDMA’S SALOON & DELI), 522 LAKE AVENUE SOUTH. -- PASSED


10-0211R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO CONTRACT WITH SHI INTERNATIONAL, INC., FOR COMPUTER SOFTWARE AND HARDWARE AS NEEDED IN YEAR 2010 NOT TO EXCEED THE BUDGET ALLOCATION OF $300,000. -- PASSED


10-0212R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO CONTRACT WITH INSIGHT PUBLIC SECTOR, INC., FOR COMPUTER HARDWARE AND RELATED PRODUCTS AS NEEDED IN YEAR 2010 NOT TO EXCEED THE BUDGET ALLOCATION OF $80,000. -- PASSED


10-0213R - RESOLUTION AUTHORIZING AGREEMENT WITH CRW SYSTEMS, INC., FOR THE PURCHASE OF LAND MANAGEMENT SOFTWARE AND IMPLEMENTATION SERVICES IN THE AMOUNT OF $313,420.81. -- PASSED


BY COUNCILOR BOYLE                                  (PERSONNEL)


10-0195R - RESOLUTION APPOINTING LORENDA M. INGERSOLL TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, REPLACING CAROL BEARHEART. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

10-0202R - RESOLUTION AUTHORIZING INCREASE OF $10,698 IN THE 2010 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. -- PASSED


10-0203R - RESOLUTION AUTHORIZING A DECREASE OF $7,170 IN THE 2010 HUD HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM. -- PASSED


10-0215R - RESOLUTION ISSUING TO MINER’S, INC., APPROVAL OF A C-5 PLAN AMENDMENT FOR A 10,211 SQUARE FOOT BUILDING ADDITION, PARKING LOT EXPANSION, DRIVEWAY RELOCATION AND RELOCATION OF A GROUND SIGN AT 5401 BURNING TREE ROAD. -- PASSED

 

10-0220R - RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT IN THE AMOUNT OF $500,000 FOR THE PURPOSE OF CONSTRUCTING ROADS AND UTILITIES AT THE FORMER ATLAS CEMENT SITE, SUBJECT TO PLEDGE OF MATCHING FUNDS FROM SEAWAY PORT AUTHORITY OF DULUTH. -- PASSED


10-0221R - RESOLUTION GRANTING A SIDEWALK OBSTRUCTION PERMIT TO TAKK FOR MATEN/KIPPIS RESTAURANT FOR A SIDEWALK CAFÉ AT 11 EAST SUPERIOR STREET. -- PASSED


BY PRESIDENT ANDERSON              (COMMITTEE OF THE WHOLE)

 

10-0180R - RESOLUTION AUTHORIZING A SERVICE AGREEMENT WITH DULUTH SISTER CITIES INTERNATIONAL, INC., IN THE AMOUNT OF $20,000. -- PASSED

 

COMMITTEE 3


BY COUNCILOR GAUTHIER            (PUBLIC WORKS AND UTILITIES)


10-0198R - RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY FOR A LOAN AGREEMENT FOR THE HIGHLAND ELEVATED WATER TANK. -- PASSED

 

BY COUNCILOR GARDNER (RECREATION, LIBRARIES AND AUTHORITIES)


10-0197R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH SOFTBALL PLAYERS ASSOCIATION, INC., FOR THE OPERATION OF THE WHEELER FIELD SOFTBALL COMPLEX CONCESSIONS DURING THE 2010 SOFTBALL SEASON. -- PASSED

 

10-0217R - RESOLUTION ACCEPTING REIMBURSEMENT MONEY IN THE AMOUNT OF $47,002 FROM THE ARROWHEAD LIBRARY SYSTEM FOR THE PURCHASE OF LIBRARY MATERIALS AND ONLINE RESOURCES. -- PASSED


END OF CONSENT AGENDA


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The following entitled resolutions were also considered:

 

COMMITTEE 1


BY COUNCILORS FEDORA, FOSLE AND STAUBER

 

10-0228R - RESOLUTION REQUESTING INVESTIGATION PERTAINING TO DEDA’S PURCHASE AGREEMENT WITH TEMPLECORP, INC., FOR THE TEMPLE OPERA, NORSHOR THEATER AND NORSHOR ANNEX BUILDINGS. -- FAILED 3-6 (Fedora, Fosle, Stauber)

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

10-0227R - RESOLUTION APPROVING DEDA’S PURCHASE AGREEMENT WITH TEMPLECORP, INC., FOR THE TEMPLE OPERA, NORSHOR THEATER AND NORSHOR ANNEX BUILDINGS. -- PASSED 6-3 (Fedora, Fosle, Stauber)

 

10-0200R - RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN ADDITIONAL $385,000 IN NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDING FROM MINNESOTA HOUSING FINANCE AGENCY AND AUTHORIZING A FIRST AMENDMENT TO THE NSP GRANT AGREEMENT WITH NORTHERN COMMUNITIES LAND TRUST. -- PASSED UNANIMOUSLY

 

10-0209R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS RELATING TO THE DEFINITION OF “SIGN” PROVIDED IN THE DULUTH LEGISLATIVE CODE SECTION 44-2(t) (ISD #709 RE: 301 NORTH 40TH AVENUE EAST). -- TABLED


10-0210R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS RELATING TO THE DEFINITION OF “SIGN” PROVIDED IN SECTION 44-2(t) OF THE DULUTH LEGISLATIVE CODE (ISD #709 RE: 301 NORTH 40TH AVENUE EAST). -- TABLED

 

10-0219R - RESOLUTION VACATING A 20 FOOT WIDE BUILDING LINE EASEMENT ON THE SOUTH SIDE OF EAST FIRST STREET WEST OF 12TH AVENUE EAST FOR SEMPER DEVELOPMENT, LTD., AND WALGREENS. -- PASSED

 

10-0222R - RESOLUTION VACATING PART OF THE ALLEY SOUTHWEST OF THE INTERSECTION OF KENWOOD AVENUE AND ARROWHEAD ROAD AND RETAINING A UTILITY EASEMENT OVER THE ENTIRE VACATION AREA (DULUTH TEACHERS CREDIT UNION). -- FAILED 2-7 (Fedora, Hartman)


10-0223R - RESOLUTION DENYING A PETITION TO VACATE PART OF THE ALLEY SOUTHWEST OF THE INTERSECTION OF KENWOOD AVENUE AND ARROWHEAD ROAD (DULUTH TEACHERS CREDIT UNION). -- PASSED 7-2 (Fedora, Hartman)

 

BY COUNCILORS STAUBER AND FEDORA

 

10-0229R - RESOLUTION AMENDING RESOLUTION 89-0323, ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY, SAID AMENDMENT RELATED TO COUNCIL APPROVAL FOR EXPENDITURES. -- PASSED 8-1 (Hartman)

 

BY PRESIDENT ANDERSON              (COMMITTEE OF THE WHOLE)


10-0179R - RESOLUTION ADOPTING AN ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY. (AMENDMENTS) -- AMENDED & PASSED UNANIMOUSLY

 

10-0194R - RESOLUTION CONFIRMING THE APPOINTMENT OF PAUL M. JOHNSON AS CHIEF INFORMATION OFFICER FOR THE CITY OF DULUTH. -- TABLED

 

COMMITTEE 3


BY COUNCILOR GAUTHIER            (PUBLIC WORKS AND UTILITIES)

 

10-0199R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH NORTHLAND CONSTRUCTORS OF DULUTH, LLC, AND ULLAND BROTHERS, INC., FOR THE PURCHASE OF BITUMINOUS MATERIAL, HOT MIX (FINE), FOR A TOTAL ESTIMATED AMOUNT OF $1,247,732.71. -- PASSED 8-0-1 (Fedora abstained)

 

BY COUNCILOR GARDNER (RECREATION, LIBRARIES AND AUTHORITIES)


10-0216R - RESOLUTION OF SUPPORT FOR TEMPORARY SCHEDULE CHANGE FOR THE AERIAL LIFT BRIDGE DURING THE PERIOD MAY 3 THROUGH OCTOBER 31. (AMENDMENT) -- TABLED

 

10-0218R - RESOLUTION ACCEPTING UNCONDITIONAL GIFTS FROM THE FRIENDS OF THE DULUTH PUBLIC LIBRARY FOR THE BENEFIT OF THE LIBRARY IN 2010. -- PASSED UNANIMOUSLY


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED


COMMITTEE 3


BY COUNCILOR GAUTHIER            (PUBLIC WORKS AND UTILITIES)


10-016-O - AN ORDINANCE CREATING A DULUTH PUBLIC UTILITIES COMMISSION, ESTABLISHING MEMBERSHIP AND POWERS AND DUTIES THEREOF AND AUTHORIZING SAID COMMISSION TO ESTABLISH VARIOUS UTILITY RATES, AMENDING CHAPTERS 2, 43 AND 48 OF THE CODE. (TABLED 4/12) (REPLACEMENT ORDINANCE) (REPLACEMENT AMENDMENT) -- AMENDED & PASSED 6-3 (Fedora, Fosle, STauber)


The following entitled ordinances were read for the first time:


COMMITTEE 2


BY PRESIDENT ANDERSON AND COUNCILOR FEDORA


10-023-O - AN ORDINANCE AMENDING SECTION 29-A7, AND REPEALING SECTION 29a-32.1, OF CHAPTER 29A OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO THE RENTAL LICENSING 300 FOOT RULE. -- 1st READING


COMMITTEE 3


BY COUNCILORS GAUTHIER, GARDNER AND HARTMAN


10-022-O - AN ORDINANCE ADDING A NEW SECTION 34-17 TO THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO PREDATORY OFFENDER RESIDENCY RESTRICTIONS. -- 1st READING


The following entitled ordinances were read for the second time:


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-020-O - AN ORDINANCE AMENDING SECTION 44-2 OF THE DULUTH CITY CODE, 1959, AS AMENDED, AMENDING THE DEFINITION OF "SIGN" AND PROVIDING FOR SEPARATE SECTION NUMBERS FOR EACH DEFINITION. (AMENDMENT) -- AMENDED & PASSED UNANIMOUSLY


COMMITTEE 3


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


10-019-O - AN ORDINANCE AMENDING SECTION 34-30 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING TRESPASSING. -- PASSED UNANIMOUSLY


10-021-O - AN ORDINANCE AMENDING SECTION 40-12 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO USER CHARGE FOR EXCESSIVE CONSUMPTION OF POLICE SERVICES. -- PASSED UNANIMOUSLY


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Adjourned at 11:23 p.m.