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ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, June 28, 2010

 

ROLL CALL -- ALL PRESENT

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RESOLUTIONS TABLED

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


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 6/14) -- FAILED UNANIMOUSLY


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 6/14) -- AMENDED AND PASSED UNANIMOUSLY


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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)


10-0352R - RESOLUTION CONFIRMING THE ASSESSMENT ROLL LEVIED FOR REASSESSMENT OF A CANCELED RAZING ASSESSMENT. -- PASSED


10-0354R - RESOLUTION TO CONFIRM THE ASSESSMENT ROLL LEVIED FOR REASSESSMENT OF CANCELED GARBAGE ASSESSMENTS. -- PASSED


BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


10-0337R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF GRANDMA’S ANGIE’S, INC. (LITTLE ANGIE’S CANTINA), 11 EAST BUCHANAN STREET. -- PASSED


10-0357R - RESOLUTION AUTHORIZING CHANGE ORDERS NO. 1, 2, 3, AND 4 TO CONTRACT NO. 20972 WITH JOHNSON-WILSON CONSTRUCTORS, INC., FOR ADDITIONAL WORK PERFORMED IN MODIFICATIONS OF POLAR SHORES EXHIBIT AT LAKE SUPERIOR ZOO, BY A TOTAL INCREASE OF $204,066, AND A NEW CONTRACT TOTAL OF $598,366. -- PASSED


10-0358R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 MALT LIQUOR LICENSE TO DULUTH SOFTBALL PLAYERS ASSOCIATION, WHEELER FIELD. -- PASSED


BY COUNCILOR BOYLE                                  (PERSONNEL)


10-0230R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF TIMOTHY MEYER AND CAROLYN SUNDQUIST, AND THE APPOINTMENTS OF WAYNE GANNAWAY AND DAVID WOODWARD, REPLACING MARYANNE NORTON AND TONY DIERCKINS, TO THE HERITAGE PRESERVATION COMMISSION. -- PASSED

 

10-0334R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF CODE PLAN REVIEW CONSULTANT INCLUDING A TITLE CHANGE TO LAND USE TECHNICIAN AND SPECIFYING CONTRACT BENEFITS FOR SAME. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER      (PlANNING & ECONOMIC DEVELOPMENT)


10-0336R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) RELATING TO PARTICIPATION BY DEDA IN THE CITY OF DULUTH SELF INSURANCE FUND PROGRAM FOR 2010. -- PASSED


10-0338R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO INSURE CERTAIN DEDA PROPERTY UNDER THE CITY’S PROPERTY AND BOILER INSURANCE POLICIES. -- PASSED

 

10-0349R - RESOLUTION AUTHORIZING SKYWALK AGREEMENT WITH SMDC MEDICAL CENTER, F/K/A MILLER-DWAN MEDICAL CENTER, INC., PERTAINING TO THE 218 EAST FIRST STREET PROPERTY. -- PASSED

 

10-0351R - RESOLUTION OBJECTING TO THE PROPOSED RECLASSIFICATION TO NONCONSERVATION AND SALE OF CERTAIN TAX FORFEITED PARCELS BY THE BOARD OF COMMISSIONERS OF SAINT LOUIS COUNTY (APRIL 19, 2010, RECLASSIFICATION).


10-0353R - RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF ST. LOUIS COUNTY TO WITHHOLD FROM SALE CERTAIN TAX FORFEITED PARCELS (ANNUAL LIST). -- PASSED

 

COMMITTEE 3


BY COUNCILOR GAUTHIER              (PUBLIC WORKS & UTILITIES)


10-0328R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH SEH, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE FEASIBILITY STUDY AND COST ANALYSIS OF PHASES IV AND V OF THE LAKEWALK EAST EXTENSION PROJECT, ESTIMATED AT $46,900. -- PASSED


10-0343R - RESOLUTION AWARDING A CONTRACT TO INSITUFORM TECHNOLOGIES USA, INC., FOR CURED-IN-PLACE-PIPE (CIPP) REHABILITATION OF SANITARY SEWERS FOR LIFT STATION NO. 16 SEWERSHED IN THE AMOUNT OF $862,233.70. -- PASSED


10-0344R - RESOLUTION INCREASING THE ORIGINAL PURCHASE ORDER WITH NORTRAX EQUIPMENT COMPANY BY LEASING FOUR ADDITIONAL JOHN DEERE MODEL 772G GRADERS FOR AN ADDITIONAL AMOUNT OF $58,148.55 THE FIRST WINTER SEASON, AND $83,340.10 FOR EACH OF THE SUCCEEDING FOUR WINTER SEASONS FOR A TOTAL INCREASE OF $391,508.95, AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $2,058,310.95. -- PASSED


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)

 

10-0340R - RESOLUTION AUTHORIZING AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION, FOR CITY ATTORNEY ACCESS TO THE CRIMINAL JUSTICE DATA COMMUNICATION NETWORK. -- PASSED

 

10-0342R - RESOLUTION AWARDING A PROPRIETARY CONTRACT TO MINE SAFETY APPLIANCES COMPANY FOR THE PURCHASE AND DELIVERY OF PROTECTIVE VESTS/PLATE CARRIERS, PLATES, AND POUCHES FOR THE DULUTH POLICE DEPARTMENT IN THE AMOUNT OF $36,085.01. -- PASSED


BY COUNCILOR GARDNER   (RECREATION, LIBRARIES & AUTHORITIES)


10-0346R - RESOLUTION AMENDING CONSULTANT AGREEMENT NO. 20949 WITH HOISINGTON KOEGLER GROUP, INC., BY EXTENDING THE CONTRACT COMPLETION DATE FOR PHASE 4 SERVICES RELATED TO THE PARKS AND RECREATION MASTER PLAN, FOR AN INCREASE OF $30,850 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $112,800. -- PASSED


10-0347R - RESOLUTION GOVERNING THE SEASONAL DEER HUNT IN DULUTH BY MODIFYING THE BOUNDARIES OF CERTAIN DESIGNATED HUNTING AREAS AND DESIGNATING CERTAIN HOT SPOTS AVAILABLE FOR HUNTING DURING THE 2010 SEASON ONLY. -- PASSED

 

END OF CONSENT AGENDA


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The following entitled resolutions were also considered:


COMMITTEE 1

 

BY COUNCILOR FEDORA                                   (FINANCE)

 

10-0362R - RESOLUTION ESTABLISHING NO PARKING FROM 3 A.M. TO 6 A.M. ON STREETS IN DOWNTOWN DULUTH. -- TABLED

 

COMMITTEE 2


BY COUNCILOR STAUBER      (PlANNING & ECONOMIC DEVELOPMENT)


10-0348R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO ISD 709 FOR AN OFF-SITE VEHICLE PARKING LOT AT THE SOUTHEAST CORNER OF 40TH AVENUE EAST AND LUVERNE STREET. (AMENDMENT) -- AMENDED & PASSED 5-4 (Anderson, Gardner, Gauthier, Stauber)

 

10-0350R - RESOLUTION DENYING A REQUEST TO AMEND CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, ZONING DISTRICT MAP NO. 30 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM M-1, MANUFACTURING AND R-2, TWO-FAMILY RESIDENTIAL, TO R-4, APARTMENT RESIDENTIAL, PROPERTY LOCATED BETWEEN LAKE AVENUE AND MINNESOTA AVENUE, TENTH STREET AND 240 FEET SOUTHERLY (JOHNSON, LAKEHEAD BOAT BASIN). -- TABLED FOR CONSIDERATION WITH PROPOSED ORDINANCE 10-032 ON 7/12


10-0355R - RESOLUTION APPROVING THE PROPOSED RECLASSIFICATION TO NON-CONSERVATION AND SALE OF TAX FORFEITED PARCELS NEEDED FOR I.S.D. 709'S WESTERN MIDDLE SCHOOL BY THE BOARD OF COMMISSIONERS OF SAINT LOUIS COUNTY (APRIL 19, 2010, RECLASSIFICATION). -- PASSED 7-2 (Gardner, Stauber)


BY PRESIDENT ANDERSON              (COMMITTEE OF THE WHOLE)


10-0356R - RESOLUTION AUTHORIZING AGREEMENT WITH THE ROTARY CLUB OF DULUTH ACCEPTING FUNDS IN THE AMOUNT OF UP TO $100,000 FOR THE CONSTRUCTION OF INTERIOR AND EXTERIOR LIGHTING FOR ENGER TOWER. -- PASSED UNANIMOUSLY


COMMITTEE 3

 

BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


10-0297R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES ON HARBOR DRIVE FROM JULY 28 - AUGUST 2, 2010, IN CONJUNCTION WITH TALL SHIPS AND SUBJECT TO CERTAIN CONDITIONS. -- PASSED UNANIMOUSLY

 

10-0341R - RESOLUTION AUTHORIZING THE BUILDING OFFICIAL TO ABATE CERTAIN NUISANCES BY REMOVAL OF STRUCTURALLY UNSOUND BUILDINGS IN THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $56,000. -- PASSED UNANIMOUSLY

 

BY COUNCILOR GARDNER   (RECREATION, LIBRARIES & AUTHORITIES)

 

10-0360R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH THE GREATER DOWNTOWN COUNCIL FOR CONDUCTING THE MOVIES IN THE PARK PROGRAM AT LEIF ERIKSON PARK. -- 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)

 

10-028-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 $13,100,000 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. (REPLACEMENT) -- 1st READING

.

10-033-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 $5,500,000 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 COUNCILOR STAUBER      (PLANNING & ECONOMIC DEVELOPMENT


10-030-O - AN ORDINANCE REPEALING CHAPTER 18, RELATING TO EROSION AND SEDIMENT CONTROL; CHAPTER 28A, RELATING TO HERITAGE PRESERVATION; CHAPTER 44, RELATING TO THE REGULATION OF SIGNS; AND CHAPTER 51, RELATING TO THE REGULATION OF WATER RESOURCES; AND AMENDING CHAPTER 50, RELATING TO ZONING, OF THE DULUTH CITY CODE, 1959, AS AMENDED, AND REPEALING SECTIONS 3, 4, 5, 6, 7, 8 AND 9 OF ORDINANCE 1809. -- 1st READING [To view the proposed new Chapter 50 with consultant footnotes, click here]

 

10-032-O - AN ORDINANCE AMENDING CHAPTER 50, OF THE DULUTH CITY CODE, 1959, AS AMENDED; ZONING DISTRICT MAP NO. 30 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM M-1, MANUFACTURING, AND R-2, TWO-FAMILY RESIDENTIAL, TO R-4, APARTMENT RESIDENTIAL, PROPERTY LOCATED BETWEEN LAKE AVENUE AND MINNESOTA AVENUE, TENTH STREET AND 240 FEET SOUTHERLY (JOHNSON, LAKEHEAD BOAT BASIN). -- 1st READING


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


10-029-O - AN ORDINANCE AMENDING CHAPTER 6, ARTICLE IX, OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO DANGEROUS DOGS. -- 1st READING


BY COUNCILOR GARDNER   (RECREATION, LIBRARIES & AUTHORITIES)


10-034-O - AN ORDINANCE AMENDING CHAPTER 5, ARTICLE IV, OF THE DULUTH CITY CODE, 1959, AS AMENDED PERTAINING TO ADULT BOOKSTORES AND ADULT ENTERTAINMENT ESTABLISHMENTS. -- 1st READING


The following entitled ordinance was read for the second 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. -- PASSED UNANIMOUSLY


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Adjourned at 8:55 p.m.