City Council
Regular MeetingDuluth, MN · March 14, 2016
Minutes
411 West First Street
City of Duluth Duluth, Minnesota 55802
Minutes - Final
City Council
MISSION STATEMENT: The mission of the Duluth City Council
is to develop effective public policy rooted in citizen
involvement that results in excellent municipal services and
creates a thriving community prepared for the challenges of the
future.
TOOLS OF CIVILITY: The Duluth City Council promotes the use
and adherence of the tools of civility in conducting the business
of the council. The tools of civility provide increased
opportunities for civil discourse leading to positive resolutions
for the issues that face our city. We know that when we have
civility, we get civic engagement, and because we can’t make
each other civil and we can only work on ourselves, we state
that today I will: pay attention, listen, be inclusive, not gossip,
show respect, seek common ground, repair damaged
relationships, use constructive language, and take
responsibility. [Approved by the council on May 14, 2018]
Monday, March 14, 2016 7:00 PM Council Chamber
ROLL CALL
ROLL CALL
Present: 7- Councilor Barb Russ, President Noah Hobbs, Councilor Em Westerlund, Councilor
Gary Anderson, Councilor Joel Sipress, Councilor Jay Fosle and Councilor Zack
Filipovich
PLEDGE OF ALLEGIANCE
PLEDGE OF ALLEGIANCE
PUBLIC HEARINGS - 7:00 P.M - Reconstruction of 10th Avenue East
PUBLIC HEARINGS - 7:00 P.M - Reconstruction of 10th Avenue East
APPROVAL OF MINUTES
APPROVAL OF MINUTES
1. 16-029 October and November 2015 city council meeting minutes
Indexes:
City of Duluth Page 1
City Council Minutes - Final March 14, 2016
Attachments: OPS 10.8.2015 (1)
OPS 10.12.2015 (1)
OPS 10.26.2015 (1)
OPS 11.19.2015
OPS 11.23.2015 (1)
These minutes were received.
PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS
PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS
2. 16-034 Assignment of Concurrent Use Permit for Elizabeth Street from Mark
Lambert to BlueStone Flats, LLC (previously approved by City Council Ord.
No. 10411, 10-12-15)
Indexes:
Attachments: BlueStone Flats - Concurrent Use Permit Assignement
DoranCompaniesLLC_4845771_ClientPack
This Petition/Other Communication was received
REPORTS FROM THE ADMINISTRATION
REPORTS FROM THE ADMINISTRATION
REPORTS FROM OTHER OFFICERS
REPORTS FROM OTHER OFFICERS
3. 16-033 Clerk application to conduct excluded bingo.
Indexes:
Attachments: Excluded Bingo Application (Holy Family Catholic Church)
This Other Officers Report was received.
REPORTS OF BOARDS AND COMMISSIONS
REPORTS OF BOARDS AND COMMISSIONS
4. 16-030 AGT January minutes
Indexes:
City of Duluth Page 2
City Council Minutes - Final March 14, 2016
Attachments: AGT January Minutes
This Board or Commission Report was received.
5. 16-031 Civil Service Board January meeting minutes
Indexes:
Attachments: Civil Service Board01-05-16 Minutes (Approved 02-02-16)
This Board or Commission Report was received.
6. 16-032 DTA meeting minutes
Indexes:
Attachments: DTA BOD Minutes (1-6-16)
This Board or Commission Report was received.
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL OPEN ISSUES
REPORTS OF COUNCIL OPEN ISSUES
OPPORTUNITY FOR CITIZENS TO BE HEARD
OPPORTUNITY FOR CITIZENS TO BE HEARD
RESOLUTIONS TABLED
RESOLUTIONS TABLED
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
7. 16-0124R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR AN ART
SCHOOL AT 810 WEST THIRD STREET, FORMER ST. PETER’S
CHURCH (JEFFREY T. LARSON).
Indexes:
City of Duluth Page 3
City Council Minutes - Final March 14, 2016
Attachments: Attachment 1
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
MOTIONS AND RESOLUTIONS
MOTIONS AND RESOLUTIONS
CONSENT AGENDA
CONSENT AGENDA
BY COUNCILOR HANSEN (FINANCE)
BY COUNCILOR HANSEN (FINANCE)
8. 16-0146R RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY
THE ASSESSABLE PORTION OF THE TOTAL RECONSTRUCTION OF
10th AVE EAST.
Indexes:
Attachments: Total Reconstruct - 10th Ave E
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
9. 16-0147R RESOLUTION RENEWING JOINT POWERS AGREEMENT 20604 WITH
DULUTH ENTERTAINMENT AND CONVENTION CENTER AUTHORITY
FOR THE OPERATION OF MINNESOTA SLIP PEDESTRIAN DRAW
BRIDGE DURING YEAR 2016 FOR AN AMOUNT NOT TO EXCEED
$37,723.45.
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
10. 16-0152R RESOLUTION AMENDING RESOLUTION NO. 16-0055 CONFIRMING
DEMOLITION ASSESSMENT ROLL TO DELETE ONE PROPERTY AND
City of Duluth Page 4
City Council Minutes - Final March 14, 2016
REDUCING THE AMOUNT ASSESSED.
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
11. 16-0153R RESOLUTION AUTHORIZING A ONE-YEAR EXTENSION OF THE CITY’S
PROPERTY INSURANCE CONTRACT WITH AFFILIATED FM
INSURANCE COMPANY FOR PROPERTY INSURANCE AT THE COST
NOT TO EXCEED $170,000 TO BE PAID TO MARSH & McLENNAN
AGENCY LLC, AGENT FOR AFFILIATED FM INSURANCE COMPANY.
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
12. 16-0154R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH
AIRPORT AUTHORITY (DAA) TO INSURE CERTAIN DAA PROPERTY
AND EQUIPMENT UNDER THE CITY’S PROPERTY INSURANCE
POLICY.
Indexes:
Attachments: Exhibit A - 16-0154R
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
BY COUNCILOR HOBBS (PURCHASING & LICENSING)
BY COUNCILOR HOBBS (PURCHASING & LICENSING)
13. 16-0148R RESOLUTION AUTHORIZING THE PURCHASE OF EIGHT 2016 FORD
UTILITY POLICE VEHICLES FROM NELSON AUTO CENTER FOR A
TOTAL OF $250,895.60.
This Resolution was adopted unanimously.
City of Duluth Page 5
City Council Minutes - Final March 14, 2016
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
14. 16-0149R RESOLUTION AUTHORIZING THE PURCHASE OF SIX 2016 DODGE
CHARGER POLICE VEHICLES FROM MIKE MOTORS FOR A TOTAL
OF $157,470.
This Resolution was withdrawn.
15. 16-0159R RESOLUTION AUTHORIZING A PURCHASE FROM COMPASS
MINERALS AMERICA FOR AN ADDITIONAL 2,000 TONS OF ROAD
SALT FOR SPRING 2016, AN INCREASE OF $124,280, AND A TOTAL
PURCHASE PRICE OF $612,186.
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
16. 16-0180R RESOLUTION APPROVING AN EXCLUDED BINGO PERMIT TO HOLY
FAMILY CATHOLIC CHURCH.
Indexes:
Attachments: ATTACHMENT A
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
17. 16-0181R RESOLUTION APPROVING AN EXCLUDED BINGO PERMIT TO ST
ELIZABETHS CATHOLIC CHURCH.
Indexes:
Attachments: ATTACHMENT A
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
18. 16-0182R RESOLUTION AUTHORIZING A SOLE SOURCE PURCHASE OF
City of Duluth Page 6
City Council Minutes - Final March 14, 2016
SERVER AND VIDEO EQUIPMENT FROM HITACHI DATA SYSTEMS IN
THE AMOUNT OF $133,990.12.
Indexes:
Attachments: Exhibit A
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
19. 16-0183R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE
AND WAIVING THE 60 DAY WAITING PERIOD FOR THE DULUTH
AIRMEN FOUNDATION, INC.
Indexes:
Attachments: Attachment A.
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
20. 16-0188R RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING
LIQUOR LICENSE TO AAD SHRINERS, (DULUTH HOT AIR BALLON
FESTIVAL) BAYFRONT PARK.
Indexes:
Attachments: Attachement A - Shriners
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
21. 16-0189R RESOLUTION APPROVING ISSUING A TEMPORARY ON SALE 3.2
PERCENT MALT LIQUOR LICENSE TO THE AAD SHRINERS (KIA
DRAG RACES AND CAR SHOW), 435 GARFIELD AVENUE.
Indexes:
Attachments: Attachment A - Kia Drags
This Resolution was adopted unanimously.
City of Duluth Page 7
City Council Minutes - Final March 14, 2016
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
22. 16-0190R RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING
LIQUOR LICENSE TO BONG P-38, D/B/A DULUTH AIRSHOW, 305
EAST 2ND STREET, SUPERIOR WISCONSIN.
Indexes:
Attachments: Attachment A -Airshow
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
23. 16-0191R RESOLUTION RECOMMENDING APPROVAL OF THE CONSUMPTION
AND DISPLAY LICENSE RENEWAL OF DULUTH WOMAN'S CLUB FOR
THE PERIOD BEGINNING APRIL 1, 2016, AND ENDING MARCH 31,
2017.
Indexes:
Attachments: ATTACHMENT A - WOMANS CLUB
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
BY COUNCILOR ANDERSON (PERSONNEL)
BY COUNCILOR ANDERSON (PERSONNEL)
24. 16-0158R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE
SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE
CLASSIFICATION OF PERMIT PROCESS SUPERVISOR, INCLUDING A
TITLE CHANGE TO CONSTRUCTION SERVICES MANAGER, AND
SPECIFYING CONTRACT BENEFITS FOR SAME.
Indexes:
Attachments: Permit Process Supervisor (strikeout)
Construction Services Manager (final draft).pdf
This Resolution was adopted unanimously.
City of Duluth Page 8
City Council Minutes - Final March 14, 2016
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
25. 16-0186R RESOLUTION CONFIRMING THE APPOINTMENT OF MICHAEL
TALARICO TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF
DULUTH.
Indexes:
Attachments: M. Talarico Application
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
26. 16-0164R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT
POWERS AGREEMENT WITH THE MINNESOUTA HOUSING FINANCE
AGENCY (MINNESOTA HOUSING) RELATED TO THE LOW INCOME
HOUSING TAX CREDIT PROGRAM.
Indexes:
Attachments: Attachment 1
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
27. 16-0175R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL
PROPERTY WITHIN THE CITY OF DULUTH TO INDEPENDENT
SCHOOL DISTRICT #709 FOR AN ENTRANCE TO DENFELD HIGH
SCHOOL.
Indexes:
Attachments: EXHIBIT A
Exhibit B
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
City of Duluth Page 9
City Council Minutes - Final March 14, 2016
28. 16-0177R RESOLUTION VACATING A 16 FOOT WIDE EASEMENT FOR
PEDESTRIAN AND VEHICULAR TRAVEL OVER AND ADJACENT TO
LOTS 1-4, BLOCK 8, GRAND CENTRAL DIVISION (CITY OF DULUTH).
Indexes:
Attachments: Attachment 1
Attachment 2
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
29. 16-0178R RESOLUTION VACATING THE 66 FOOT WIDE STREET EASEMENT
OVER LOTS 1-5, LAKESIDE GARDENS, AND DEDICATING A 20 FOOT
PEDESTRIAN EASEMENT THROUGH VACATED NORWOOD STREET
(ISD #709).
Indexes:
Attachments: Attachment 1
Attachment 2
Attachment 3
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS)
BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS)
30. 16-0138R RESOLUTION APPROVING MASTER SUBSCRIBER AGREEMENT FOR
MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL
AGENCIES.
Indexes:
Attachments: Exhibit A - Master Subscriber Agreement
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
City of Duluth Page 10
City Council Minutes - Final March 14, 2016
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
31. 16-0131R RESOLUTION AUTHORIZING AMENDMENT #1 TO RESOLUTION
16-0004 AUTHORIZING A CONTRACT WITH SRF, INC. TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR THE
ARROWHEAD/KENWOOD AND WEST CLEVELAND STREET SIGNAL
IMPROVEMENTS, TO INCREASE THE AMOUNT BY $37,066 FOR A
NEW TOTAL OF $155,283.
Indexes:
Attachments: 16-0131R Amendment
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
32. 16-0132R RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN ST. LOUIS
COUNTY AND THE CITY OF DULUTH FOR THE
ARROWHEAD/KENWOOD AND WEST CLEVELAND STREET SIGNAL
IMPROVEMENTS.
Indexes:
Attachments: 16-0132R Agreement
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
33. 16-0143R RESOLUTION AMENDING A CONTRACT WITH BARR ENGINEERING
TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR
STREAM DESIGN AND CONSTRUCTION TO INCREASE THE AMOUNT
BY $92,891 FOR A NEW TOTAL OF $328,928.
Indexes:
Attachments: 16-0143R Amendment
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
34. 16-0150R RESOLUTION APPROVING A COUNTY PROJECT WITHIN MUNICIPAL
CORPORATE LIMITS FOR IMPROVEMENTS TO COUNTY STATE AID
City of Duluth Page 11
City Council Minutes - Final March 14, 2016
HIGHWAY NO. 4 (RICE LAKE ROAD).
Indexes:
Attachments: 16-0150R Map
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
35. 16-0151R RESOLUTION OF INTENT FOR THE 2016 STREET PRESERVATION
PROJECT AND TO ASSESS A PORTION OF THE COSTS THEREOF.
Indexes:
Attachments: 16-0151R Map
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
36. 16-0155R RESOLUTION AUTHORIZING AGREEMENT WITH MINNESOTA
POWER, A DIVISION OF ALLETE, INC. FOR JOINT CONSTRUCTION OF
UTILITIES IN MICHIGAN STREET.
Indexes:
Attachments: Exhibit A - 16-0155R
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
37. 16-0156R RESOLUTION ACCEPTING TWO EASEMENTS FOR STREET AND
UTILITY PURPOSES FROM HALLETT DOCK COMPANY IN THE
VICINITY OF 59TH AVENUE WEST AT NO COST TO CITY.
Indexes:
Attachments: Exhibit A - 16-0156R
Exhibit B - 16-0156R
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
City of Duluth Page 12
City Council Minutes - Final March 14, 2016
38. 16-0157R RESOLUTION ACCEPTING AN EASEMENT FOR STREET AND UTILITY
PURPOSES FROM LAKEROCK ENTERPRISES, INC. IN THE VICINITY
OF 59TH AVENUE WEST AT NO COST TO CITY.
Indexes:
Attachments: Exhhibit A - 16-0157 R
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
39. 16-0162R RESOLUTION AUTHORIZING UTILITY EASEMENT AGREEMENT WITH
ISD 709 NEAR DENFELD HIGH SCHOOL.
Indexes:
Attachments: Exhibit 1 (16-0162R)
Exhibit A (16-0162R)
Exhibit B (16-0162R)
Exhibit C (16-0162R)
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
BY COUNCILOR FOSLE (PUBLIC SAFETY)
BY COUNCILOR FOSLE (PUBLIC SAFETY)
40. 16-0144R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT
AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF
JUSTICE AND DEPARTMENT OF TREASURY TO ACCESS FUNDS
UNDER THE FEDERAL EQUITABLE SHARING PROGRAM
SUPPORTING OPERATIONS OF THE LAKE SUPERIOR DRUG &
VIOLENT CRIME TASK FORCE.
Indexes:
Attachments: Exhibit A
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
City of Duluth Page 13
City Council Minutes - Final March 14, 2016
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
END OF CONSENT AGENDA
END OF CONSENT AGENDA
BY COUNCILOR HOBBS (PURCHASING & LICENSING)
BY COUNCILOR HOBBS (PURCHASING & LICENSING)
41. 16-0139R RESOLUTION AUTHORIZING A CONTRACT WITH FOUR STAR
CONSTRUCTION FOR THE CITY HALL FOURTH FLOOR
RENOVATIONS IN THE AMOUNT OF $164,211.
Indexes:
Attachments: Exhibit A
A motion was made that this Resolution be adopted The motion carried by the
following vote:
Yea: 8- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress and Councilor Filipovich
Nay: 1- Councilor Fosle
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
42. 16-0168R RESOLUTION GRANTING APPROVAL OF THE LAKE SUPERIOR
ZOO/FAIRMOUNT PARK CONCEPT PLAN.
Indexes:
Attachments: EXHIBIT A - 16-0168R
EXHIBIT B - 16-0168R
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
43. 16-0171R RESOLUTION AMENDING RESOLUTION 15-0831, ADOPTING
LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR 2016,
City of Duluth Page 14
City Council Minutes - Final March 14, 2016
TO AMEND THE 2016 FEE SCHEDULE FOR SPECIAL LEAGUE -
SPORT- ADULT SOFTBALL (PER TEAM) - ANNUAL
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
41. 16-0187R RESOLUTION ENDORSING BEE SAFE POLICIES AND PROCEDURES
FOR THE CITY OF DULUTH.
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
INTRODUCTION AND CONSIDERATION OF ORDINANCES
INTRODUCTION AND CONSIDERATION OF ORDINANCES
ORDINANCES TABLED
ORDINANCES TABLED
The following entitled ordinances are to be read for the first time:
The following entitled ordinances are to be read for the first time:
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
45. 16-013-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM MU-B
TO MU-N PROPERTY ALONG THE SOUTH SIDE OF GRAND AVENUE
AND FROM R-1 TO MU-N, PROPERTY ALONG THE NORTH SIDE OF
GRAND AVENUE.
Indexes:
Attachments: Attachment 1
Attachment 2
This Ordinance was read for the first time.
City of Duluth Page 15
City Council Minutes - Final March 14, 2016
46. 16-014-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF DULUTH TO INDEPENDENT
SCHOOL DISTRICT #709 FOR AN ENTRANCE TO DENFELD HIGH
SCHOOL.
Indexes:
Attachments: EXHIBIT A
Exhibit B
Exhibit C
This Ordinance was read for the first time.
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
47. 16-012-O AN ORDINANCE AUTHORIZING A PENALTY FOR UNAUTHORIZED
TURNING ON OF WATER OR GAS SERVICE AMENDING SECTION
48-27 OF THE DULUTH CITY CODE, 1959, AS AMENDED.
This Ordinance was read for the first time.
48. 16-015-O AN ORDINANCE DEDICATING EASEMENTS FOR UTILITY PURPOSES
ON CITY-OWNED PROPERTY NORTH OF 45TH AVENUE WEST.
Indexes:
Attachments: Exhibit A
Exhibit B
This Ordinance was read for the first time.
The following entitled ordinances are to be read for the second time:
The following entitled ordinances are to be read for the second time:
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
49. 16-011-O ORDINANCE DESIGNATING THE FORMER ST. PETER’S CHURCH,
City of Duluth Page 16
City Council Minutes - Final March 14, 2016
810 WEST THIRD STREET, AS A DULUTH HISTORIC LANDMARK
(JEFFREY T. LARSON).
Indexes:
Attachments: Attachment 1
Attachment 2
A motion was made that this Ordinance be adopted The motion carried by the
following vote:
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
COUNCILOR QUESTIONS AND COMMENTS
COUNCILOR QUESTIONS AND COMMENTS
COUNCILOR PREVIEW OF UPCOMING BUSINESS
COUNCILOR PREVIEW OF UPCOMING BUSINESS
City of Duluth Page 17
Agenda
411 West First Street
City of Duluth Duluth, Minnesota 55802
Meeting Agenda - Final-revised
City Council
MISSION STATEMENT: The mission of the Duluth City Council
is to develop effective public policy rooted in citizen
involvement that results in excellent municipal services and
creates a thriving community prepared for the challenges of the
future.
TOOLS OF CIVILITY: The Duluth City Council promotes the use
and adherence of the tools of civility in conducting the
business of the council. The tools of civility will provide
increased opportunities for civil discourse in order to find
positive resolutions to the issues that face the city. These tools
include: pay attention, listen, be inclusive, do not gossip, show
respect, be agreeable, apologize, give constructive criticism
and take responsibility. [Approved by the council on August 25,
2003]
Monday, March 14, 2016 7:00 PM Council Chamber
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC HEARINGS - 7:00 P.M - Reconstruction of 10th Avenue East
APPROVAL OF MINUTES
1. 16-029 October and November 2015 city council meeting minutes
Attachments: OPS 10.8.2015 (1)
OPS 10.12.2015 (1)
OPS 10.26.2015 (1)
OPS 11.19.2015
OPS 11.23.2015 (1)
PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS
2. 16-034 Assignment of Concurrent Use Permit for Elizabeth Street from Mark
Lambert to BlueStone Flats, LLC (previously approved by City Council
Ord. No. 10411, 10-12-15)
Attachments: BlueStone Flats - Concurrent Use Permit Assignement
DoranCompaniesLLC_4845771_ClientPack
City of Duluth Page 1 Printed on 3/11/2016
City Council Meeting Agenda - Final-revised March 14, 2016
REPORTS FROM OTHER OFFICERS
3. 16-033 Clerk application to conduct excluded bingo.
Attachments: Excluded Bingo Application (Holy Family Catholic Church)
REPORTS OF BOARDS AND COMMISSIONS
4. 16-030 AGT January minutes
Attachments: AGT January Minutes
5. 16-031 Civil Service Board January meeting minutes
Attachments: Civil Service Board01-05-16 Minutes (Approved 02-02-16)
6. 16-032 DTA meeting minutes
Attachments: DTA BOD Minutes (1-6-16)
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL OPEN ISSUES
OPPORTUNITY FOR CITIZENS TO BE HEARD
RESOLUTIONS TABLED
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
7. 16-0124R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR AN ART
SCHOOL AT 810 WEST THIRD STREET, FORMER ST. PETER’S
CHURCH (JEFFREY T. LARSON).
Attachments: Attachment 1
MOTIONS AND RESOLUTIONS
CONSENT AGENDA
BY COUNCILOR HANSEN (FINANCE)
8. 16-0146R RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO
DEFRAY THE ASSESSABLE PORTION OF THE TOTAL
RECONSTRUCTION OF 10th AVE EAST.
Attachments: Total Reconstruct - 10th Ave E
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City Council Meeting Agenda - Final-revised March 14, 2016
9. 16-0147R RESOLUTION RENEWING JOINT POWERS AGREEMENT 20604
WITH DULUTH ENTERTAINMENT AND CONVENTION CENTER
AUTHORITY FOR THE OPERATION OF MINNESOTA SLIP
PEDESTRIAN DRAW BRIDGE DURING YEAR 2016 FOR AN
AMOUNT NOT TO EXCEED $37,723.45.
10. 16-0152R RESOLUTION AMENDING RESOLUTION NO. 16-0055 CONFIRMING
DEMOLITION ASSESSMENT ROLL TO DELETE ONE PROPERTY
AND REDUCING THE AMOUNT ASSESSED.
11. 16-0153R RESOLUTION AUTHORIZING A ONE-YEAR EXTENSION OF THE
CITY’S PROPERTY INSURANCE CONTRACT WITH AFFILIATED FM
INSURANCE COMPANY FOR PROPERTY INSURANCE AT THE
COST NOT TO EXCEED $170,000 TO BE PAID TO MARSH &
McLENNAN AGENCY LLC, AGENT FOR AFFILIATED FM
INSURANCE COMPANY.
12. 16-0154R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH
AIRPORT AUTHORITY (DAA) TO INSURE CERTAIN DAA PROPERTY
AND EQUIPMENT UNDER THE CITY’S PROPERTY INSURANCE
POLICY.
Attachments: Exhibit A - 16-0154R
BY COUNCILOR HOBBS (PURCHASING & LICENSING)
13. 16-0148R RESOLUTION AUTHORIZING THE PURCHASE OF EIGHT 2016
FORD UTILITY POLICE VEHICLES FROM NELSON AUTO CENTER
FOR A TOTAL OF $250,895.60.
14. 16-0149R RESOLUTION AUTHORIZING THE PURCHASE OF SIX 2016 DODGE
CHARGER POLICE VEHICLES FROM MIKE MOTORS FOR A TOTAL
OF $157,470.
15. 16-0159R RESOLUTION AUTHORIZING A PURCHASE FROM COMPASS
MINERALS AMERICA FOR AN ADDITIONAL 2,000 TONS OF ROAD
SALT FOR SPRING 2016, AN INCREASE OF $124,280, AND A
TOTAL PURCHASE PRICE OF $612,186.
16. 16-0180R RESOLUTION APPROVING AN EXCLUDED BINGO PERMIT TO
HOLY FAMILY CATHOLIC CHURCH.
Attachments: ATTACHMENT A
17. 16-0181R RESOLUTION APPROVING AN EXCLUDED BINGO PERMIT TO ST
ELIZABETHS CATHOLIC CHURCH.
Attachments: ATTACHMENT A
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City Council Meeting Agenda - Final-revised March 14, 2016
18. 16-0182R RESOLUTION AUTHORIZING A SOLE SOURCE PURCHASE OF
SERVER AND VIDEO EQUIPMENT FROM HITACHI DATA SYSTEMS
IN THE AMOUNT OF $133,990.12.
Attachments: Exhibit A
19. 16-0183R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE
LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR THE
DULUTH AIRMEN FOUNDATION, INC.
Attachments: Attachment A.
20. 16-0188R RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING
LIQUOR LICENSE TO AAD SHRINERS, (DULUTH HOT AIR BALLON
FESTIVAL) BAYFRONT PARK.
Attachments: Attachement A - Shriners
21. 16-0189R RESOLUTION APPROVING ISSUING A TEMPORARY ON SALE 3.2
PERCENT MALT LIQUOR LICENSE TO THE AAD SHRINERS (KIA
DRAG RACES AND CAR SHOW), 435 GARFIELD AVENUE.
Attachments: Attachment A - Kia Drags
22. 16-0190R RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING
LIQUOR LICENSE TO BONG P-38, D/B/A DULUTH AIRSHOW, 305
EAST 2ND STREET, SUPERIOR WISCONSIN.
Attachments: Attachment A -Airshow
23. 16-0191R RESOLUTION RECOMMENDING APPROVAL OF THE
CONSUMPTION AND DISPLAY LICENSE RENEWAL OF DULUTH
WOMAN'S CLUB FOR THE PERIOD BEGINNING APRIL 1, 2016, AND
ENDING MARCH 31, 2017.
Attachments: ATTACHMENT A - WOMANS CLUB
BY COUNCILOR ANDERSON (PERSONNEL)
24. 16-0158R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE
SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE
CLASSIFICATION OF PERMIT PROCESS SUPERVISOR, INCLUDING
A TITLE CHANGE TO CONSTRUCTION SERVICES MANAGER, AND
SPECIFYING CONTRACT BENEFITS FOR SAME.
Attachments: Permit Process Supervisor (strikeout)
Construction Services Manager (final draft).pdf
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City Council Meeting Agenda - Final-revised March 14, 2016
25. 16-0186R RESOLUTION CONFIRMING THE APPOINTMENT OF MICHAEL
TALARICO TO THE HOUSING AND REDEVELOPMENT AUTHORITY
OF DULUTH.
Attachments: M. Talarico Application
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
26. 16-0164R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT
POWERS AGREEMENT WITH THE MINNESOUTA HOUSING
FINANCE AGENCY (MINNESOTA HOUSING) RELATED TO THE
LOW INCOME HOUSING TAX CREDIT PROGRAM.
Attachments: Attachment 1
27. 16-0175R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL
PROPERTY WITHIN THE CITY OF DULUTH TO INDEPENDENT
SCHOOL DISTRICT #709 FOR AN ENTRANCE TO DENFELD HIGH
SCHOOL.
Attachments: EXHIBIT A
Exhibit B
28. 16-0177R RESOLUTION VACATING A 16 FOOT WIDE EASEMENT FOR
PEDESTRIAN AND VEHICULAR TRAVEL OVER AND ADJACENT TO
LOTS 1-4, BLOCK 8, GRAND CENTRAL DIVISION (CITY OF
DULUTH).
Attachments: Attachment 1
Attachment 2
29. 16-0178R RESOLUTION VACATING THE 66 FOOT WIDE STREET EASEMENT
OVER LOTS 1-5, LAKESIDE GARDENS, AND DEDICATING A 20
FOOT PEDESTRIAN EASEMENT THROUGH VACATED NORWOOD
STREET (ISD #709).
Attachments: Attachment 1
Attachment 2
Attachment 3
BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS)
30. 16-0138R RESOLUTION APPROVING MASTER SUBSCRIBER AGREEMENT
FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL
AGENCIES.
Attachments: Exhibit A - Master Subscriber Agreement
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
City of Duluth Page 5 Printed on 3/11/2016
City Council Meeting Agenda - Final-revised March 14, 2016
31. 16-0131R RESOLUTION AUTHORIZING AMENDMENT #1 TO RESOLUTION
16-0004 AUTHORIZING A CONTRACT WITH SRF, INC. TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR THE
ARROWHEAD/KENWOOD AND WEST CLEVELAND STREET
SIGNAL IMPROVEMENTS, TO INCREASE THE AMOUNT BY $37,066
FOR A NEW TOTAL OF $155,283.
Attachments: 16-0131R Amendment
32. 16-0132R RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN ST.
LOUIS COUNTY AND THE CITY OF DULUTH FOR THE
ARROWHEAD/KENWOOD AND WEST CLEVELAND STREET
SIGNAL IMPROVEMENTS.
Attachments: 16-0132R Agreement
33. 16-0143R RESOLUTION AMENDING A CONTRACT WITH BARR
ENGINEERING TO PROVIDE PROFESSIONAL ENGINEERING
SERVICES FOR STREAM DESIGN AND CONSTRUCTION TO
INCREASE THE AMOUNT BY $92,891 FOR A NEW TOTAL OF
$328,928.
Attachments: 16-0143R Amendment
34. 16-0150R RESOLUTION APPROVING A COUNTY PROJECT WITHIN
MUNICIPAL CORPORATE LIMITS FOR IMPROVEMENTS TO
COUNTY STATE AID HIGHWAY NO. 4 (RICE LAKE ROAD).
Attachments: 16-0150R Map
35. 16-0151R RESOLUTION OF INTENT FOR THE 2016 STREET PRESERVATION
PROJECT AND TO ASSESS A PORTION OF THE COSTS THEREOF.
Attachments: 16-0151R Map
36. 16-0155R RESOLUTION AUTHORIZING AGREEMENT WITH MINNESOTA
POWER, A DIVISION OF ALLETE, INC. FOR JOINT CONSTRUCTION
OF UTILITIES IN MICHIGAN STREET.
Attachments: Exhibit A - 16-0155R
37. 16-0156R RESOLUTION ACCEPTING TWO EASEMENTS FOR STREET AND
UTILITY PURPOSES FROM HALLETT DOCK COMPANY IN THE
VICINITY OF 59TH AVENUE WEST AT NO COST TO CITY.
Attachments: Exhibit A - 16-0156R
Exhibit B - 16-0156R
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City Council Meeting Agenda - Final-revised March 14, 2016
38. 16-0157R RESOLUTION ACCEPTING AN EASEMENT FOR STREET AND
UTILITY PURPOSES FROM LAKEROCK ENTERPRISES, INC. IN THE
VICINITY OF 59TH AVENUE WEST AT NO COST TO CITY.
Attachments: Exhhibit A - 16-0157 R
39. 16-0162R RESOLUTION AUTHORIZING UTILITY EASEMENT AGREEMENT
WITH ISD 709 NEAR DENFELD HIGH SCHOOL.
Attachments: Exhibit 1 (16-0162R)
Exhibit A (16-0162R)
Exhibit B (16-0162R)
Exhibit C (16-0162R)
BY COUNCILOR FOSLE (PUBLIC SAFETY)
40. 16-0144R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO
ACCEPT AN AGREEMENT WITH THE UNITED STATES
DEPARTMENT OF JUSTICE AND DEPARTMENT OF TREASURY TO
ACCESS FUNDS UNDER THE FEDERAL EQUITABLE SHARING
PROGRAM SUPPORTING OPERATIONS OF THE LAKE SUPERIOR
DRUG & VIOLENT CRIME TASK FORCE.
Attachments: Exhibit A
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
41. 16-0187R RESOLUTION ENDORSING BEE SAFE POLICIES AND
PROCEDURES FOR THE CITY OF DULUTH.
Sponsors: Sipress
END OF CONSENT AGENDA
BY COUNCILOR HOBBS (PURCHASING & LICENSING)
42. 16-0139R RESOLUTION AUTHORIZING A CONTRACT WITH FOUR STAR
CONSTRUCTION FOR THE CITY HALL FOURTH FLOOR
RENOVATIONS IN THE AMOUNT OF $164,211.
Attachments: Exhibit A
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
43. 16-0168R RESOLUTION GRANTING APPROVAL OF THE LAKE SUPERIOR
ZOO/FAIRMOUNT PARK CONCEPT PLAN.
Attachments: EXHIBIT A - 16-0168R
EXHIBIT B - 16-0168R
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City Council Meeting Agenda - Final-revised March 14, 2016
44. 16-0171R RESOLUTION AMENDING RESOLUTION 15-0831, ADOPTING
LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR
2016, TO AMEND THE 2016 FEE SCHEDULE FOR SPECIAL LEAGUE
- SPORT- ADULT SOFTBALL (PER TEAM) - ANNUAL
INTRODUCTION AND CONSIDERATION OF ORDINANCES
ORDINANCES TABLED
The following entitled ordinances are to be read for the first time:
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
45. 16-013-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION
FROM MU-B TO MU-N PROPERTY ALONG THE SOUTH SIDE OF
GRAND AVENUE AND FROM R-1 TO MU-N, PROPERTY ALONG
THE NORTH SIDE OF GRAND AVENUE.
Attachments: Attachment 1
Attachment 2
46. 16-014-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF DULUTH TO
INDEPENDENT SCHOOL DISTRICT #709 FOR AN ENTRANCE TO
DENFELD HIGH SCHOOL.
Attachments: EXHIBIT A
Exhibit B
Exhibit C
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
47. 16-012-O AN ORDINANCE AUTHORIZING A PENALTY FOR UNAUTHORIZED
TURNING ON OF WATER OR GAS SERVICE AMENDING SECTION
48-27 OF THE DULUTH CITY CODE, 1959, AS AMENDED.
48. 16-015-O AN ORDINANCE DEDICATING EASEMENTS FOR UTILITY
PURPOSES ON CITY-OWNED PROPERTY NORTH OF 45TH
AVENUE WEST.
Attachments: Sanitary easement(1)
Storm Easement Block 8
The following entitled ordinances are to be read for the second time:
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
City of Duluth Page 8 Printed on 3/11/2016
City Council Meeting Agenda - Final-revised March 14, 2016
49. 16-011-O ORDINANCE DESIGNATING THE FORMER ST. PETER’S CHURCH,
810 WEST THIRD STREET, AS A DULUTH HISTORIC LANDMARK
(JEFFREY T. LARSON).
Attachments: Attachment 1
Attachment 2
COUNCILOR QUESTIONS AND COMMENTS
COUNCILOR PREVIEW OF UPCOMING BUSINESS
City of Duluth Page 9 Printed on 3/11/2016
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