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ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, December 20, 2010

ROLL CALL  -- ALL PRESENT

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MOTIONS AND RESOLUTIONS

COMMITTEE 1


BY COUNCILOR FEDORA, PRESIDENT ANDERSON AND COUNCILOR HARTMAN


10-0659R - RESOLUTION HONORING THE UNIVERSITY OF MINNESOTA - DULUTH FOOTBALL TEAM. -- AMENDED & PASSED UNANIMOUSLY

 

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RESOLUTION TABLED


COMMITTEE 1


BY COUNCILOR FEDORA                          (FINANCE)


10-0579R - RESOLUTION ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2011.  (TABLED 11/22 FOR 12/20 PUBLIC HEARING) -- PASSED 7-2 (Fedora, Fosle)


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MOTIONS AND RESOLUTIONS


COMMITTEE 1

 

BY COUNCILOR FEDORA                         (FINANCE)

 

10-0658R - RESOLUTION AMENDING RESOLUTION 10-0579 ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2011; ADDING HOUSING, PROPERTY MAINTENANCE AND RENTAL CODE FEES. (AMENDMENT) -- AMENDED & PASSED 6-2-1 (Nays:  Fedora, Fosle; Abstention:  Cuneo)

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

 

The following entitled ordinances were read for the second time:

 

COMMITTEE 2

 

BY PRESIDENT ANDERSON     (COMMITTEE OF THE WHOLE)

 

10-062-O - AN ORDINANCE AMENDING CHAPTER 29A OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO THE CITY HOUSING, PROPERTY MAINTENANCE AND RENTAL CODE.  (AS AMENDED) (REPLACEMENT) -- AMENDED & PASSED 7-1-1 (Nay:  Fosle; Abstention:  Ceneo)


10-070-O - AN ORDINANCE AMENDING SECTION 29A-27, 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. -- PASSED 6-3 (Boyle, Gardner, Stauber)

 

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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)


10-0639R - RESOLUTION AUTHORIZING AN AGREEMENT FOR APPRAISAL SERVICES WITH THE VALUATION GROUP, INC., RELATED TO THE VARIOUS TAX COURT PROCEEDINGS TOTALING NOT TO EXCEED $37,000. -- PASSED


BY COUNCILOR CUNEO            (PURCHASING & LICENSING)


 

10-0619R - RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO MINNESOTA BALLET (CELEBRITY DANCE CHALLENGE), 1215 RICE LAKE ROAD. -- PASSED

 

10-0663R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR DULUTH HERITAGE SPORTS CENTER, INC. -- PASSED

 

BY COUNCILOR BOYLE                         (PERSONNEL)


10-0634R - RESOLUTION APPOINTING CITY COUNCILOR PATRICK BOYLE TO THE DULUTH PUBLIC UTILITIES COMMISSION, REPLACING CITY COUNCILOR KERRY GAUTHIER. -- PASSED


COMMITTEE 2


BY COUNCILOR STAUBER  (PLANNING & ECONOMIC DEVELOPMENT)


10-0621R - 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 2011. -- PASSED


10-0626R - RESOLUTION APPROVING THE 2011 ANNUAL ACTION PLAN PORTION OF THE 2010-2014 CONSOLIDATED PLAN AND AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME PROGRAM AND EMERGENCY SHELTER GRANT PROGRAM (ESGP) FUNDS. -- PASSED

 

10-0653R - RESOLUTION AUTHORIZING A TRANSFER OF $205,108 IN THE 2009 AND 2010 HUD HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAMS INCREASING THE FUNDING OF THE WCDO PROPERTIES REHABILITATION AGREEMENT. -- PASSED


10-0660R - RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC STREET, ROADWAY AND UTILITY PURPOSES FROM MINNESOTA POWER, A DIVISION OF ALLETE, INC. -- PASSED

 

BY PRESIDENT ANDERSON     (COMMITTEE OF THE WHOLE)


10-0618R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH-SUPERIOR PUBLIC ACCESS COMMUNITY TELEVISION, INC., FOR COMMUNITY ACCESS CABLECASTING, TRAINING, PRODUCTION AND ADMINISTRATION SERVICES IN 2011 IN THE NET AMOUNT OF $162,000. -- PASSED

 

10-0637R - RESOLUTION AUTHORIZING AN AGREEMENT WITH HISTORIC UNION DEPOT, INC., IN THE AMOUNT OF $151,800. -- PASSED


COMMITTEE 3


BY COUNCILOR GAUTHIER     (PUBLIC WORKS & UTILITIES)


10-0622R - RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO DISPOSE OF SNOW ON PROPERTY OWNED BY DEDA. -- PASSED


10-0623R - RESOLUTION OF INTENT TO IMPROVE A PORTION OF ST. LOUIS COURT, INDUSTRIAL AVENUE, RIVERVIEW AVENUE, MARINE COURT, SPRING STREET, RIVERSIDE DRIVE, MANITOU STREET, SUNNYSIDE STREET, UNION STREET, ENGLAND AVENUE, CATO AVENUE, PENTON BOULEVARD AND EAST PENTON BOULEVARD ALLEY, AND TO ASSESS A PORTION OF THE COSTS THEREOF. -- PASSED


10-0631R - RESOLUTION AUTHORIZING AGREEMENT WITH ANDREW J. AND KRISTIN J. BROWN TO ALLOW CONNECTION TO WLSSD’S LAKESIDE INTERCEPTOR. -- PASSED

 

10-0645R - RESOLUTION AUTHORIZING SUPPLEMENTAL AGREEMENT NO. 2 TO ARMY EASEMENT NO. DACW35-2-91-3001 WITH CORPS OF ENGINEERS AUTHORIZING POSTING OF “NO WAKE” SIGNS ON SHIP CANAL PIERS. -- PASSED


10-0651R - RESOLUTION APPROVING A COUNTY PROJECT WITHIN MUNICIPAL CORPORATE LIMITS FOR IMPROVEMENTS TO COUNTY STATE AID HIGHWAY NO. 4 (RICE LAKE ROAD). -- PASSED


10-0652R - RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS TO ARROWHEAD ROAD BETWEEN THE SOUTHERLY AND NORTHERLY RICE LAKE ROAD INTERSECTIONS, AND SOUTHERLY RICE LAKE ROAD FROM THE INTERSECTION OF ARROWHEAD ROAD APPROXIMATELY 700 FEET SOUTH. -- PASSED


BY COUNCILOR FOSLE                       (PUBLIC SAFETY)


10-0617R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT AN AMENDED GRANT FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, OFFICE OF JUSTICE PROGRAMS, IN THE TOTAL AMOUNT OF $163,313 FOR THE PURPOSE OF SUPPORTING THE OPERATIONS OF THE LAKE SUPERIOR DRUG AND GANG TASK FORCE THROUGH JUNE 30, 2011. -- PASSED


10-0633R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE CITY OF SUPERIOR, WISCONSIN AND THE COUNTIES OF ST. LOUIS, MINNESOTA, AND DOUGLAS, WISCONSIN, PROVIDING FOR THE CITY OF DULUTH TO PARTICIPATE IN THE LAKE SUPERIOR FORENSIC TECHNOLOGY AND INTERNET CRIMES AGAINST CHILDREN TASK FORCE. -- PASSED


10-0640R - RESOLUTION AUTHORIZING SECOND AMENDMENT TO CITY CONTRACT NO. 21014 WITH LHB ENGINEERS AND ARCHITECTS, INC., TO INCLUDE ADDITIONAL INSPECTION AND SURVEY SERVICES RELATED TO RELOCATION OF UTILITIES, INCREASING THE AMOUNT PAYABLE BY $16,292. -- PASSED

 

10-0643R - RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE AN AGREEMENT IN YEAR 2010 WITH ST. LOUIS COUNTY FOR FOUR QUARTERS OF SHIELD MAINTENANCE SOFTWARE ASSOCIATED WITH NEMESIS (NORTHEASTERN MINNESOTA ENFORCEMENT AND SAFETY INFORMATION SYSTEM) IN THE AMOUNT OF $66,975. -- PASSED


10-0648R - RESOLUTION TO ESTABLISH ALTERNATE SIDE PARKING FROM 1:00 AM TO 6:00 AM ON SECOND STREET BETWEEN NINTH AVENUE EAST AND TENTH AVENUE EAST. -- PASSED


10-0649R - RESOLUTION TO ESTABLISH NO PARKING ON BOTH SIDES OF 29TH AVENUE EAST BETWEEN SECOND STREET AND THE ALLEY NORTH OF SECOND STREET. -- PASSED


10-0655R - RESOLUTION REQUESTING THE ADMINISTRATION AND THE DULUTH TRANSIT AUTHORITY REVIEW THE POSSIBILITY OF REMOVING THE BUS STOP AND SHELTER IN FRONT OF 5705 GRAND AVENUE. -- PASSED


BY COUNCILOR GARDNER  (RECREATION, LIBRARIES & AUTHORITIES)


10-0632R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT GRANTS FROM THE DULUTH LEGACY ENDOWMENT FUND FOR PLANTING TREES IN THE AMOUNT TO $1,031, FOR PURCHASING ICE SKATES IN THE AMOUNT OF $1,235 AND FOR THE DULUTH PUBLIC LIBRARY FOR E-BOOK READERS IN THE AMOUNT OF $820. -- PASSED


10-0641R - RESOLUTION ESTABLISHING NEW TRAIL IN CENTRAL PARK FOR HIKING AND BIKING AND NEW TRAIL IN WEB WOODS FOR HIKING. -- PASSED


END OF CONSENT AGENDA

 

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The following entitled resolutions were also considered:

 

COMMITTEE 1

 

BY COUNCILOR CUNEO            (PURCHASING & LICENSING)

 

10-0614R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF BERGEY’S, LLC (BERGEY’S), 2232 WEST SUPERIOR STREET. -- AMENDED & PASSED 7-2 (Fosle, Stauber)


10-0615R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF PIEDMONT BOTTLE SHOP, INC. (PIEDMONT BOTTLE SHOP), 2818 PIEDMONT AVENUE. -- AMENDED & PASSED 7-2 (Fosle, Stauber)

 

COMMITTEE 2


BY COUNCILOR STAUBER  (PLANNING & ECONOMIC DEVELOPMENT)

 

10-0627R - RESOLUTION AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 2011 PROGRAM YEAR AS WELL AS APPROVING THE REALLOCATION OF CERTAIN PRIOR CDBG FUNDS AND AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. -- PASSED UNANIMOUSLY


10-0628R - RESOLUTION AUTHORIZING A REQUEST FOR HUD HOME FUNDS FOR THE 2011 PROGRAM YEAR AND AUTHORIZING CONTRACTS. -- PASSED UNANIMOUSLY


10-0629R - RESOLUTION AUTHORIZING A REQUEST FOR HUD EMERGENCY SHELTER GRANT PROGRAM (ESGP) FUNDS FOR THE 2011 PROGRAM YEAR AND AUTHORIZING CONTRACTS. -- PASSED UNANIMOUSLY


10-0646R - RESOLUTION OF INTENT TO SUPPORT THE USE OF TAX INCREMENT FINANCING FOR THE WESTWOOD HEIGHTS TOWNHOMES HOUSING DEVELOPMENT INITIATIVE. -- TABLED

 

10-0662R - RESOLUTION VACATING PORTIONS OF 45TH AVENUE WEST BETWEEN GRAND AVENUE AND WEST SECOND STREET ALSO KNOWN AS TRAVERSE STREET AND RETAINING UTILITY EASEMENTS OVER PORTIONS OF THE VACATED AREA (J&S PARTNERSHIP). -- PASSED 8-0-1 (Fedora abstained)

 

BY PRESIDENT ANDERSON     (COMMITTEE OF THE WHOLE)

 

10-0635R - RESOLUTION AUTHORIZING A PARKING RAMP MANAGEMENT CONTRACT WITH FOND DU LAC BAND FOR CASINO RAMP IN THE AMOUNT OF $185,000 PER YEAR FOR THREE YEARS. -- PASSED 4-3-2 (Nays:  Anderson, Fedora, Fosle; Abstention:  Boyle, Gauthier)

 

10-0656R - RESOLUTION AMENDING RESOLUTION 09-0007, AS AMENDED, RETAINING MAKI AND OVEROM, CHARTERED, INCREASING THE AMOUNT BY $300,000 FOR A NEW TOTAL AMOUNT NOT TO EXCEED $760,000. -- PASSED 7-1-1 (Nay:  Stauber; Absention:  Boyle)


10-0657R - RESOLUTION APPROVING AGREEMENT WITH FRYBERGER, BUCHANAN, SMITH AND FREDERICK, P.A., FOR LEGISLATIVE SERVICES NOT TO EXCEED $44,940. -- PASSED 8-1 (Stauber)


COMMITTEE 2


BY PRESIDENT ANDERSON AND COUNCILOR HARTMAN


10-0630R - RESOLUTION REQUESTING A STUDY AND REPORT BY THE HISTORIC PRESERVATION COMMISSION ON THE APPROPRIATENESS OF DESIGNATING THE HISTORIC LOCATION OF THE INCLINE RAILWAY STAIRCASE AS AN HISTORIC PRESERVATION LANDMARK. -- PASSED 8-1 (Gauthier)

 

COMMITTEE 3


BY COUNCILOR GAUTHIER     (PUBLIC WORKS & UTILITIES)


10-0638R - RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO DISPOSE OF SNOW ON PROPERTY OWNED BY DEDA. -- PASSED 8-1 (Stauber)

 

BY COUNCILORS GAUTHIER AND STAUBER

 

10-0665R - RESOLUTION REMOVING DESIGNATION OF PORTIONS OF LINCOLN PARK BUSINESS DISTRICT AS A METERED PARKING ZONE. -- PASSED 8-1 (Fedora)

 

BY COUNCILOR FOSLE                       (PUBLIC SAFETY)

 

10-0650R - RESOLUTION TO ESTABLISH NEW TIME LIMITS AND RATES FOR PARKING METERS AT VARIOUS LOCATIONS. (REPLACEMENT) -- PASSED UNANIMOUSLY

 

BY COUNCILOR GARDNER  (RECREATION, LIBRARIES & AUTHORITIES)

 

10-0644R - RESOLUTION ADOPTING THE PARKS AND RECREATION MASTER PLAN FOR THE CITY OF DULUTH. -- TABLED FOR PUBLIC INPUT


10-0661R - RESOLUTION SUPPORTING DULUTH TRAFFICKING TASK FORCE. -- PASSED UNANIMOUSLY

 

10-0664R - RESOLUTION AMENDING AGREEMENT FOR PROFESSIONAL SERVICES WITH HOISINGTON KOEGLER GROUP, INC., CITY CONTRACT NO. 20949, TO EXTEND THE COMPLETION DATE FOR PHASE 5 SERVICES RELATED TO THE PARKS AND RECREATION MASTER PLAN FOR AN INCREASE OF $29,875 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $142,675. -- PASSED 8-1 (Gauthier)

 

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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)

 

10-073-O - AN ORDINANCE AMENDING SECTION 41-1 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO PURCHASING. -- 1st READING

 

COMMITTEE 2


BY COUNCILOR STAUBER  (PLANNING & ECONOMIC DEVELOPMENT)


10-072-O - AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY IN WEST DULUTH FROM THE DULUTH, WINNIPEG AND PACIFIC RAILWAY COMPANY AT NO COST AND THE CONVEYANCE OF THE SAME TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AT NO COST RELATED TO THE TITLE CLEARANCE OF THE PLAT OF ONEOTA INDUSTRIAL PARK FIRST ADDITION. -- 1st READING


COMMITTEE 3


BY COUNCILOR GAUTHIER     (PUBLIC WORKS & UTILITIES)


10-071-O - AN ORDINANCE AMENDING SECTION 34-40 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO SMOKING PROHIBITIONS IN CITY PARKS. -- 1st READING


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The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILOR FEDORA                          (FINANCE)


10-066-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2011. -- PASSED 6-3 (Fedora, Fosle, Stauber)


10-067-O - AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2011 APPROPRIATION MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. -- PASSED 6-3 (Fedora, Fosle, Stauber)


10-069-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2011. -- PASSED UNANIMOUSLY


COMMITTEE 2


BY COUNCILOR STAUBER  (PLANNING & ECONOMIC DEVELOPMENT)


10-063-O - AN ORDINANCE AUTHORIZING THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH TO EXERCISE POWERS UNDER MINNESOTA STATUTES, CHAPTER 462C, ON BEHALF OF THE CITY OF DULUTH. -- PASSED UNANIMOUSLY


10-068-O - AN ORDINANCE AMENDING SECTIONS 50-18.1, 50-36.6 AND 50-41.269 OF CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO SHORELAND STANDARDS. -- TABLED


BY PRESIDENT ANDERSON     (COMMITTEE OF THE WHOLE)


10-061-O - AN ORDINANCE ADDING NEW SECTIONS 34-15 AND 34-16 TO THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING TRUANCY ABATEMENT. -- PASSED UNANIMOUSLY


 

10-065-O - AN ORDINANCE REPEALING ORDINANCE FILE NO. 10-059 AND AMENDING CHAPTER III, SECTION 13, OF THE CITY OF DULUTH HOME RULE CHARTER, 1912, AS AMENDED, PERTAINING TO ORDINANCE PUBLICATION REQUIREMENTS. -- PASSED UNANIMOUSLY

 

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At this time, Council Stauber left the meeting.

 

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COMMITTEE 3


BY COUNCILOR GAUTHIER     (PUBLIC WORKS & UTILITIES)


10-064-O - AN ORDINANCE DESIGNATING THE DPUC TO HEAR APPEALS UNDER CHAPTERS 43 AND 48 OF THE CODE, AMENDING SECTIONS 43-33.2, 48-1 AND 48-15.3 AND ARTICLE XV OF CHAPTER 48 OF THE DULUTH CITY CODE, 1959, AS AMENDED. -- PASSED 8-0-1 (Stauber)


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RETURN TO TOP

Adjourned at 10:43 p.m.