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«CITY OF DULUTH PROCEEDINGS OF THE CITY COUNCIL OFFICIAL PROCEEDINGS Special meeting of the Duluth City Council held on Thursday, January 6, 2011, 6:45 ...»

-- [ Page 1 ] --

CITY

OF

DULUTH

PROCEEDINGS OF THE

CITY COUNCIL

OFFICIAL PROCEEDINGS

Special meeting of the Duluth City Council held on Thursday, January 6, 2011, 6:45

p.m. in the Council Chamber, City Hall, Duluth, Minnesota.

Roll call: Present: Councilors Boyle, Cuneo, Fedora, Fosle, Gardner, Hartman,

Stauber and President Anderson -- 8

Absent: None -- 0

--PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS

11-0106-01 The following communications regarding the proposed Fourth District city councilor appointment (11-0008R): (a) Jason Beckman; (b) Scot Bol; (c) Mary Butler;

(d) Laura Maki Cole; (e) Anna G. Cook; (f) Mary Day; (g) Anni Friesen; (h) Anne Harala;

(i) Shawn Herhusky; (j) Mark Howard; (k) Dan O’Neill; (l) Sarah Sawinski; (m) Travis Stejskal;

(n) Dean Talbott; (o) Jordan Unseth; (p) Rondi Watson. -- Received

--MOTIONS AND RESOLUTIONS

Resolution 11-0008, by Councilor Boyle, appointing _______________ to fill the vacant fourth district city council seat, was introduced for discussion.

Councilors Stauber and Fosle stated that if the constituents of the Fourth District were able to vote on a candidate at this meeting, they would choose Garry Krause as they have in the past.

-1PROCEEDINGS OF THE DULUTH CITY COUNCIL FOR 2011 ____________________________________________________________________________________

Councilor Hartman supported Jacqueline Halberg for the fourth district council seat as she is a good listener and active in her district.

Councilor Gardner supported Jacqueline Halberg since she will run for the position in the Fall, citing that if it is important enough for her to do now, it is important enough for her to do in the Fall.

To Councilor Fosle’s questioning, City Attorney Gunnar Johnson stated that conflicts of interest for any council candidate would have to be addressed on a case-by-case basis.

Balloting proceeded as follows:

Councilor Boyle - Jacqueline Halberg Councilor Cuneo - Jacqueline Halberg Councilor Fedora - Garry Krause Councilor Fosle - Garry Krause Councilor Gardner - Jacqueline Halberg Councilor Hartman - Jacqueline Halberg Councilor Stauber - Garry Krause President Anderson - Jacqueline Halberg President Anderson moved to amend the resolution to insert the name “Jacqueline L.

Halberg” into the blanks, which motion was seconded and unanimously carried.

Resolution 11-0008, as amended, was adopted as follows:

B

–  –  –

OFFICIAL PROCEEDINGS

Duluth City Council meeting held on Monday, January 10, 2011, 7:00 p.m. in the Council Chamber, City Hall, Duluth, Minnesota.

Roll call: Present: Councilors Anderson, Boyle, Cuneo, Fedora, Fosle, Halberg, Hartman, Stauber and President Gardner -- 9 Absent: None -- 0

--President Anderson stated that there would be a brief moment of silence in honor of those victims of the senseless shooting in Arizona.

--At this time, the city clerk swore in Jacqueline Halberg as the recently selected city councilor for the Fourth Council District.

--ELECTION OF OFFICERS Councilor Hartman nominated Councilor Gardner for the office of president of the Duluth City Council for the year 2011, which motion was seconded and unanimously carried.

Councilor Gardner nominated Councilor Hartman for the office of vice president of the Duluth City Council for the year 2011, which motion was seconded and unanimously carried.

Outgoing President Anderson commented on the past year, noting the professionalism of the council and its accomplishments.

Incoming President Gardner thanked the councilors for their support and commented on her goals for the coming year.

--The minutes of council meetings held on August 16 and 30, 2010, were approved upon a unanimous vote.

--PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS

11-0110-01 Minnesota state auditor Spirit Mountain recreation area authority audit report for the years ended April 30, 2010 and 2009. -- Received 11-0110-02 The following communications regarding the proposed parks and recreation master plan (10-0644R): (a) Kyle and Wendy Burke; (b) Lisa R. Chester-Wormuth;

(c) Jeanine Dahl; (d) Grey Doffin; (e) Gary-New Duluth Community Club; (f) David Gunderson;

(g) Mona Johnson-Cheslak; (h) Todd Kuusisto; (i) Christine Lemker; (j) Joseph J. Martinelli;

(k) Parks and recreation commission; (l) Volunteers Caring and Patrolling, Inc. -- Received 11-0110-09 The following communications regarding the proposed intent to improve Ivanhoe Street (11-0003R): (a) Pam Anderson; (b) Scott Anderson; (c) Yvonne Anderson;

(d) Paul Belsito and Stacy Radosevich; (e) Douglas Carlson; (f) Allen and Bonnie Frielund;

(g) Pam Griffin; (h) Tom Griffin; (i) Wayne and Kathy Hencz; (j) Julie Hendrickson; (k) John Hummel; (l) Diane Irving; (m) Mark Irving (including communication supported by 52 signatures); (n) Ralph and Mary Johnson; (o) Roger and Connie Joppa; (p) Lynn Kiesel;

(q) Rick Lattimer; (r) Jim Mainella; (s) Chuck and Lynn Meister; (t) Jim and Evie Pollock;





(u) John and Susan Rogge; (v) Phillip M. Sher; (w) Jane Stauber Wilson; (x) Patty Swanson;

(y) Dand and Mindy Traylor; (z) Alok Vidyarthi; (aa) Sohn Wehseler; (bb) Michael and Pamela Wendling. -- Received 11-0110-10 The following communications regarding the removal of the Lincoln Park

-3PROCEEDINGS OF THE DULUTH CITY COUNCIL FOR 2011 ____________________________________________________________________________________

business district metered parking zone (10-0665R): (a) Randy Brody; (b) Pennie Turcott. -Received

--REPORTS FROM OTHER OFFICERS

11-0110-03 Clerk applications for exempt permits (raffles) to the Minnesota gambling control board from: (a) Lake Superior College Foundation on September 15, 2011; (b) Lake Superior Marine Museum Association on November 5, 2011; (c) Lakehead Racing Association on July 17, 2011; (d) Rotary Club of Duluth Harbortown Minnesota USA on April 6, 2011. -Received

--REPORTS OF BOARDS AND COMMISSIONS

11-0110-08 Alcohol, gambling and tobacco commission minutes of September 1, 2010, meeting. -- Received 11-0110-04 Duluth airport authority: (a) Minutes of November 16, 2010, meeting;

(b) October 31, 2010, unaudited balance sheet. -- Received 11-0110-05 Duluth public arts commission minutes of November 15, 2010, meeting. -Received 11-0110-06 Duluth transit authority: (a) Minutes of October 27, 2010, meeting;

(b) September 2010 income statement. -- Received 11-0110-07 Entertainment and convention center authority minutes of December 21, 2010, meeting. -- Received

--At this time the public hearing on the issuance of general obligation capital improvement bonds not to exceed $2,275,000 and capital improvement plan for the years 2011-2015 began.

No one appeared who wished to be heard and the public hearing was declared closed.

--MOTION FOR RECONSIDERATION

Councilor Fosle moved to reconsider Resolution 10-0665, removing designation of portions of Lincoln Park Business District as a metered parking zone, which motion was

seconded and carried as follows:

Yeas: Councilors Anderson, Boyle, Cuneo, Fedora, Fosle, Stauber and President Gardner -- 7 Nays: Councilor Hartman -- 1 Abstention: Councilor Halberg -- 1 Councilor Fosle moved to suspend the rules to hear speakers on the resolution, which motion was seconded and unanimously carried.

Penny Turcott, business owner, supported: keeping the meters on Superior Street, because it only costs $.75 to park at them for two hours; they are conveniently located and if they were removed, there would not be any available spaces to park; the meters on 20th and 21st avenues West could be removed and there is also a free city lot there.

Mark Howard, business owner, supported a free two hour limit on parking if the meters are covered up and it being enforced and no overnight parking on 19th, 20th and 21st avenues West.

Steve Goman, city traffic engineer, responded to councilor questions, noting that nearly every business that he talked to did not want the meters removed and there are approximately

-4PROCEEDINGS OF THE DULUTH CITY COUNCIL FOR 2011 ____________________________________________________________________________________

60 meters that generate approximately $18,000 a year.

Councilors Hartman, Stauber and President Gardner supported the resolution for reasons of: there were businesses that wanted this change, but if there are concerns, there needs to be an open public hearing to gather input and look at different options; former Councilor Gauthier had received a lot of input from individuals on this and wanted to help them out and with only about a dollar a day revenue from each meter on the average, it appears that the public are either not parking at meters or not plugging them.

Councilors Fosle and Cuneo expressed concerns of: if this was a serious problem with the businesses, the councilors would have heard directly from a lot of businesses and maybe there is a compromise solution, instead of a wholesale removal.

Chief Administrative Officer David Montgomery suggested that the council repeal this resolution and then refer it back to the parking commission for a full open public hearing to gather input and make a report to the council.

Resolution 10-0665 failed upon the following vote (Public Document No. 11-0110-11):

Yeas: Councilors Hartman, Stauber and President Gardner -- 3 Nays: Councilors Anderson, Boyle, Cuneo, Fedora and Fosle -- 5 Abstention: Councilor Halberg -- 1

--RESOLUTION TABLED Councilor Cuneo moved to remove Resolution 10-0644, adopting the parks and creation master plan for the city of Duluth, from the table to hear a speaker on the resolution, which motion was seconded and unanimously carried.

Councilor Cuneo moved to suspend the rules to hear a speaker, which motion was seconded and unanimously carried.

Grey Doffin expressed concern about the recommendation to replace the small community center at Observation Park with an event venue of a large grass field with a parking lot, suitable for a wedding. He felt that by doing this: it would destroy the whole park; this is the only flat park area for youth activities between Hillside Sport Court at Fifth Avenue East and Lincoln Park at 25th Avenue West.

Councilor Anderson moved to retable the resolution, which motion was seconded and unanimously carried.

--MOTIONS AND RESOLUTIONS

CONSENT AGENDA

(All matters listed under the consent agenda were considered routine and/or noncontroversial and were enacted by one unanimous motion.) President Gardner moved passage of the consent agenda, which motion was seconded and unanimously carried.

RESOLVED, that the assessment roll levied for reassessment of a canceled permanent alley (#5347 – Fund 325) and canceled garbage assessment (#2007420, 2008420 and 2009420 - Fund GARBAGE) at the following location is set forth below:

Plat 4510 Parcel 01660 – total assessable alley: $667.43; total assessable garbage: $1,376.06.

The total assessable amount is $2,043.49 and this assessment roll is hereby confirmed.

Resolution 11-0004 was unanimously adopted.

-5PROCEEDINGS OF THE DULUTH CITY COUNCIL FOR 2011 ____________________________________________________________________________________

Approved January 10, 2011 DON NESS, Mayor

--RESOLVED, that the assessment roll levied for reassessment of a canceled razing (#4900 – Fund 110) at the following location is set forth below:

Plat 0280 Parcel 01115 – total assessable: $1,091.32.

The total assessable amount is $1,091.32 and this assessment roll is hereby confirmed.

Resolution 11-0005 was unanimously adopted.

Approved January 10, 2011 DON NESS, Mayor

--RESOLVED, that the proper city officials are hereby authorized to execute Amendment No. 1 to the long-term rental agreement bearing City Contract No. 20049, a copy of which amendment is on file in the office of the city clerk as Public Document No. 11-0110-12, with Caterpillar Financial Services Corporation, extending the city’s option to purchase 12 graders currently under lease from them at no cost to either party.

Resolution 11-0014 was unanimously adopted.

Approved January 10, 2011 DON NESS, Mayor

--RESOLVED, that the proper city officials are hereby authorized to execute an assignment of purchase option, a copy of which is on file in the office of the city clerk as Public Document No. 11-0110-13, with Ziegler, Inc., assigning to them the city’s rights to purchase 12 graders from Caterpillar Financial Services Corporation under City Contract No. 20049 at no cost to either party.

Resolution 11-0015 was unanimously adopted.

Approved January 10, 2011 DON NESS, Mayor

--BE IT RESOLVED, that the Duluth City Council approves of the Minnesota gambling control board issuing a premise permit to the following organization.

RESOLVED FURTHER, that the city clerk is hereby authorized and directed to send a copy of this resolution to the Minnesota gambling control board immediately after its passage.

–  –  –

County, Minnesota, in 1999 submitted a petition to the Minnesota pollution control agency (the “MPCA”) requesting creation of the Duluth/North Shore Sanitary District (the “sanitary district”) pursuant to Minnesota Statutes, Sections 115.18 through 115.37 (the “act”). (The city of Duluth, the town of Duluth and the town of Lakewood are herein referred to collectively as the “municipalities.”)

1.02 On January 25, 2000, the MPCA issued an order approving creation of the sanitary district (the “order”). The order was published in the State Register on January 31, 2000.

1.03 On March 1, 2000, the time for appeal of the order having expired, a certified copy of the order was duly filed with the Minnesota Secretary of state, and creation of the sanitary district was thereupon deemed complete under the act.

1.04 the act requires that the municipalities elect a board of managers for the sanitary district (the “board of managers”) as soon as practicable after creation of the sanitary district.

1.05 Pursuant to Section 115.23, subdivision 7 of the act, the municipalities may elect a board member or members by resolutions adopted by all of them separately, concurring in the election of the same person or persons.

Section 2. Findings.

It is in the best interests of the municipalities and of the sanitary district that the following person, who is a voter residing in the area of the sanitary district, be

nominated for election to the board of managers for the term indicated:

Angela Braud, of the town of Duluth, Minnesota, whose term shall commence upon passage of the necessary election documents and shall expire on the first business day of January, 2014.

Section 3. Election of board of managers.

Election of the above-named person to the board of managers of the sanitary district is approved and such person is elected for the terms indicated.

Section 4. Authorization and direction to clerk.

Upon receipt of concurring resolutions from the town of Duluth and the town of Lakewood, the clerk is directed to certify the results of this election to the secretary of the MPCA and to the auditor of St. Louis County and make and transmit to the board member elected a certificate of the board member’s election Resolution 11-0012 was unanimously adopted.

Approved January 10, 2011 DON NESS, Mayor

--RESOLVED, that:



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