AGENDA FOR THE
DULUTH CITY COUNCIL MEETING
Monday, April 12, 2004, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota
REPLACEMENT

ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES - February 23, March 8 and 15, 2004.
PUBLIC HEARING - 7:30 p.m. - 2005 Qualified Allocation Plan (04-0225R).

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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]

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PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS

* 04-0412-01 BN Leasing Corporation submitting petition to vacate a portion of Rice Avenue (platted First Street) and Ash Avenue, North Albert Posey Tract, according to the recorded plat thereof on file in St. Louis County, Minnesota. -- Assessor

* 04-0412-02 Nick Downs submitting petition to extend the sanitary sewer within 87th Avenue West beginning 740 feet north of King Street and extending approximately 160 feet northerly. -- Assessor

* 04-0412-03 Duluth economic development authority, et al. (two signatures), submitting petition to vacate: the westerly 33 feet of Hugo Street, lying northerly of the easterly extension of the southerly line of Block 8 and southerly of the extended centerline of vacated Alder Street; the alley adjacent to Block 8, lying northerly of the westerly extension of the southerly line of said Block 8 and southerly of the extended centerline of vacated Alder Street; the alley in Block 14, lying north of Linden Street and abutting Lots 1 - 9 and Lots 24 - 34, inclusive; the 16 foot wide utility easement retained in the vacated alley which bisects Block 15, lying between the south line of Balsam Street and the north line of Banian Street; the 16 foot wide north-south utility easement across Balsam Street, said easement being the extension of the north-south alley and utility easement located in Block 15; a 16 foot wide north-south utility easement across Banian Street, said easement being the extension of the north-south alley and utility easement located in Block 15, all in the plat of Duluth Heights, Sixth Division. -- Assessor

* 04-0412-04 Diane Maki Grubb, et al. (three signatures), submitting petition to extend the sanitary sewer within Trinity Road beginning near 2528 Trinity Road and extending easterly approximately 2,200 feet. -- Assessor

* 04-0412-05 John E. Hovland, et al. (two signatures), submitting petition to reclassify from S to R-1-a part of the Outlot C, Northridge Estates: the N1/2 of SW1/4 of NE1/4 and part of NE1/4 of NE1/4, all in Section 9, Township 50 N, Range 14 West. -- Assessor

* 04-0412-06 Gayle McEnroe, et al. (four signatures), submitting petition to reclassify from M-1 to R-1-b and R-3, property described as: Section 26, Township 49, Range15, that part of Lot 4 and of northwest quarter of southwest quarter lying north of the Spirit Lake Transportation Railway and east of 93rd Avenue West and Arbor Street. -- Assessor

* 04-0412-07 Joseph A. Ogston submitting petition to vacate 600 feet of Deerwood Street, west of the intersection with Oregon Avenue, including Lots 13 - 24, on D Street, Maple Grove Division. -- Assessor

* 04-0412-08 Daniel Williams, et al. (three signatures), submitting petition to improve West Seventh Street from approximately 150 feet east of 21st Avenue West to 20th Avenue West (project to be included in the 2005 street improvement program site - Lincoln Park Central East (City Project No. 0347TR)). -- Assessor

* 04-0412-09 Miller and Holmes, Inc., submitting acceptance of terms, conditions and provisions of concurrent use permit granted by Ordinance No. 9633 on November 10, 2003. -- Received

04-0412-10 Judith A. Telega, et al. (24 signatures), submitting communication in support of the 2005 street improvement program which includes the improvement of West Tenth Street (04-0192R) -- Received

* 04-0412-11 The following submitting communications regarding the proposed amendment of the citizen participation plan for the HUD-funded CDBG program to modify the community development committee's composition and incorporate the continuum of care process (04-0244R):  (a) Claudia Lundquist; (b) Joe Perfetti. -- Received (E-MAILED)

04-0412-12 The following submitting communications regarding the Ten Commandments monument (04-0230R and 04-018-O):  (a) Jennifer Heimark; (b) Steve Hennessy. -- Received

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REPORTS OF OFFICERS

* 04-0412-13 Assessor submitting letters of sufficiency of petitions to: (a) Reclassify from S to R-1-a part of the Outlot C, Northridge Estates: the N1/2 of SW1/4 of NE1/4 and part of NE1/4 of NE1/4, all in Section 9, Township 50 N, Range 14 West; (b) Vacate: (1) 600 feet of Deerwood Street, west of the intersection with Oregon Avenue, including Lots 13 - 24, on D Street, Maple Grove Division, Duluth; (2) A portion of Rice Avenue (platted First Street) and Ash Avenue, North Albert Posey Tract, according to the recorded plat thereof on file in St. Louis County, Minnesota; (3) A ten foot utility easement on the west side of Lot 1, Block 2 Hartley Hills Third Addition. -- Received

* 04-0412-14 Clerk submitting application to the Minnesota gambling control board for exemption from lawful gambling license from Northland Country Club on July 7, 2004 (raffle). -- Received

* 04-0412-15 Engineering division submitting monthly project status report of March 1, 2004. -- Received

* 04-0412-16 Parks and recreation department director submitting Lake Superior zoological society minutes of:  (a) January 24; (b) March 24, 2004, meetings. -- Received (E-MAILED)

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REPORTS OF BOARDS AND COMMISSIONS

* 04-0412-17 Duluth airport authority minutes of February 17, 2004, meeting. -- Received (E-MAILED)

* 04-0412-18 Duluth state convention center administrative board minutes of February 24, 2004, meeting. -- Received (E-MAILED)

* 04-0412-19 Duluth transit authority:  (a) Income statement for January, 2004; (b) Minutes of January 28, 2004, meeting. -- Received (E-MAILED)

* 04-0412-20 Environmental advisory council minutes of:  (a) December 3, 2003; (b) February 4, 2004, meetings. -- Received (E-MAILED)

* 04-0412-21 Heritage preservation commission minutes of:  (a) December 9, 2003; (b) January 27; (b) March 9, 2004, meetings. -- Received (E-MAILED)

* 04-0412-22 Seaway Port authority of Duluth minutes of:  (a) November 20, 2003; (b) January 12, 2004, meetings. -- Received (E-MAILED)

* 04-0412-23 Spirit Mountain recreation area authority minutes of February 18, 2004, meeting. -- Received (E-MAILED)
__________________________
* Listed only, not copied.

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REPORTS OF COUNCIL COMMITTEES
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REPORTS OF COUNCIL OPEN ISSUES

  • Comprehensive plan (5/28/2002)
  • Planned unit development (5/28/2002)
  • Proposed amendments re: demolition of hazardous buildings (8/26/2002)
  • Soft Center incubator (11/12/2002)
  • Canal Park parking ramp (11/21/2002)
  • Bayfront master plan (12/16/2002)
  • ISD 709 (7/10/2003)
  • Fire Department Task Force - report due by June 1 (4/8/2004)

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OPPORTUNITY FOR CITIZENS TO BE HEARD
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MOTIONS AND RESOLUTIONS

CONSENT AGENDA

All matters listed under the consent agenda are considered routine and/or noncontroversial and will be enacted by one unanimous motion. If a councilor requests, or a citizen wishes to speak on an item on the consent agenda, it will be removed and handled separately.

COMMITTEE 1

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0238R - RESOLUTION AWARDING CONTRACT TO KRAEMER CONSTRUCTION, INC., FOR MAIN LIBRARY EXTERIOR PLANTERS AND ORNAMENTAL RAILINGS, IN THE AMOUNT OF $70,862.

04-0242R - RESOLUTION AWARDING CONTRACT TO WASTE MANAGEMENT OF NORTHERN MINNESOTA FOR GARBAGE/REFUSE REMOVAL AS NEEDED DURING YEAR 2004, AT AN ESTIMATED AMOUNT OF $98,000.

04-0246R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO HERMANTOWN VOLUNTEER FIRE DEPARTMENT, 4015 AIRPARK BOULEVARD; GRANDMA'S MARATHON - DULUTH, INC., AND COLLEGE OF ST. SCHOLASTICA, 1200 KENWOOD AVENUE.

04-0247R - RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE OF PDL OF DULUTH, INC. (CLUB SARATOGA), 331 CANAL PARK DRIVE.

04-0248R - RESOLUTION APPROVING THE 2:00 A.M. CLOSING LICENSE FOR GRANDMA'S ANGIES MALL, LLC (GREAT AMERICAN BAR/GRILL), 1600 MILLER TRUNK HIGHWAY.

04-0249R - 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.

04-0250R - RESOLUTION AWARDING CONTRACT TO LENS AUTO BODY FOR AUTO BODY REPAIRS AS NEEDED DURING THE YEAR 2004, AT AN ESTIMATED AMOUNT OF $48,000.

04-0251R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE INTOXICATING LIQUOR LICENSES AND ON SALE SUNDAY LICENSES TO GRANDMA'S SPORTS BAR & GRILL, INC. (BELLISIO'S ITALIAN RESTAURANT), 425 LAKE AVENUE SOUTH; BAYFRONT BBQ, INC. (FAMOUS DAVE'S), 355 LAKE AVENUE SOUTH; NUTTY MEGS, INC. (NUTTY MEGS CAFÉ), 22 EAST SUPERIOR STREET; LAKE AVENUE CAFÉ, INC. (LAKE AVENUE CAFÉ), 394 LAKE AVENUE SOUTH; MICHAEL MAXIM, JR/SR (SHARKS), 327 WEST SUPERIOR STREET AND COLUMBA RAMOS (MAYA FAMILY MEXICAN RESTAURANT), 1725 MILLER TRUNK HIGHWAY. (REPLACEMENT)

04-0259R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO DULUTH SOFTBALL PLAYERS ASSOCIATION.

04-0260R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE FOR YWCA OF DULUTH AND RUFFED GROUSE SOCIETY.

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0220R - RESOLUTION CONFIRMING THE APPOINTMENT OF PAULINE OLSEN TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY, REPLACING MARY SCHLOSSER.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0226R - RESOLUTION AUTHORIZING A THIRD AMENDMENT TO THE ACQUISITION/DEMOLITION AGREEMENT WITH HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA (HRA) INCREASING THE AMOUNT PAYABLE THEREUNDER BY AN ADDITIONAL $82,000 AND EXTENDING THE TERM OF THE AGREEMENT.

04-0243R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE MINNESOTA HOUSING FINANCE AGENCY RELATED TO THE LOW-INCOME HOUSING TAX CREDIT PROGRAM.

04-0245R - RESOLUTION AUTHORIZING AN INCREASE OF $65,185.04 IN THE 2002 AND 2003 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS.

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0264R - RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AND ACCEPT A GRANT FROM THE MINNESOTA SECRETARY OF STATE FOR POLLING SITE ACCESSABILITY.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0216R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH ARCHITECTURAL RESOURCES, INC., FOR PROVIDING CERTAIN ARCHITECTURAL SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE LAKEWOOD PUMP STATION IMPROVEMENTS (2004) IN AN AMOUNT NOT TO EXCEED $6,611.

04-0223R - RESOLUTION AUTHORIZING LEASE AGREEMENT WITH AMENDOLA CONSTRUCTION COMPANY FOR THE LINCOLN PARK TOOLHOUSE PROPERTY.

04-0232R - RESOLUTION AUTHORIZING PURCHASE OF UTILITY EASEMENT FROM ANDREW AND JULIE ERNST ADJACENT TO SNIVELY ROAD FOR $700.

04-0237R - RESOLUTION AMENDING RESOLUTION 04-0173 AWARDING CONTRACT TO MORTON SALT DIVISION C/O HALLETT DOCK COMPANY FOR ROAD SALT, TO INCREASE THE AMOUNT BY $136,175 FOR A NEW TOTAL OF $529,766.44.

04-0239R - RESOLUTION AWARDING CONTRACT TO MIDWEST ENERGY RESOURCES COMPANY FOR PROVIDING 2,597.09 TONS OF COAL, IN THE AMOUNT OF $58,876.03.

04-0240R - RESOLUTION AWARDING CONTRACT TO REDSTONE CONSTRUCTION COMPANY, INC., FOR REPLACEMENT OF BRIDGE NUMBER L8504 OVER AMITY CREEK, IN THE AMOUNT OF $565,118.37.

04-0241R - RESOLUTION AWARDING CONTRACT TO NELS NELSON AND SONS, INC., FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS AT MORGAN PARK - PHASE II, IN THE AMOUNT OF $1,969,703.29.

04-0253R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH M.S.A. PROFESSIONAL SERVICE TO PROVIDE ENGINEERING SERVICES FOR THE SANITARY SEWER OVERFLOW STORAGE FACILITY, ESTIMATED AT $429,236.

04-0254R - RESOLUTION AWARDING CONTRACT TO QUALITY UNDERGROUND SERVICES, INC., FOR ONSTRUCTION OF GAS MAINS IN VARIOUS LOCATIONS, IN THE AMOUNT OF $138,400.

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0224R - RESOLUTION TO LIMIT THE HOURS FROM 1:00 A.M. TO 7:00 A.M. WHEN ALTERNATE SIDE PARKING IS IN EFFECT ON CERTAIN STREETS.

04-0225R - RESOLUTION TO ESTABLISH A TWO HOUR PARKING, 8:00 A.M. TO 5:30 P.M., MONDAY THROUGH FRIDAY ZONE ON THE NORTH SIDE OF FOURTH STREET IN THE PARKING BAY IN FRONT OF JARVI-DOWD FUNERAL AND CREMATION SERVICES AT 925 EAST FOURTH STREET. (REPLACEMENT)

04-0234R - RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE CENTER FOR ADVANCED PUBLIC SAFETY RESEARCH, UNIVERSITY OF NEW HAVEN (CAPSR)IN AN AMOUNT NOT TO EXCEED $22,000.

04-0262R - RESOLUTION GRANTING A LICENSE TO USE FIREARM TRAINING FACILITY.

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0219R - RESOLUTION ACCEPTING A GIFT OF $1,050 FROM WINDSONG PCS TO HELP PROMOTE AND FACILITATE SOCCER PROGRAMS IN DULUTH.

04-0228R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE OVER THE HILL NIGHT RIDERS SNOWMOBILE CLUB FOR GROOMING THE CROSS-CITY SNOWMOBILE TRAIL-WEST FOR AN AMOUNT NOT TO EXCEED $5,000.

04-0229R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DRIFT TOPPERS SNOWMOBILE CLUB FOR GROOMING THE CROSS-CITY SNOWMOBILE TRAIL-EAST FOR AN AMOUNT NOT TO EXCEED $15,000.

04-0235R - RESOLUTION CHANGING ADMISSION RATES AT THE ZOO.

END OF CONSENT AGENDA

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The following entitled resolutions are also for consideration at this meeting:

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0217R - RESOLUTION ACCEPTING THE NEEDS ASSESSMENT FOR HOMELESS AND PRECARIOUSLY HOUSED AMERICAN INDIANS IN DULUTH ENTITLED "ANISHINABE ABI IN DULUTH" AND ADOPTING RECOMMENDATIONS OF THE AMERICAN INDIAN COMMISSION BASED ON SAID NEEDS ASSESSMENT.

04-0227R - RESOLUTION APPROVING 2005 LOW-INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN.

04-0233R - RESOLUTION RECOGNIZING ACCOMPLISHMENTS OF THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND SUPPORTING ITS CONTINUED FUNDING.

04-0236R - CITY OF DULUTH JOBZ SUB-ZONE RESOLUTION OF APPROVAL TO AUTHORIZE TAX EXEMPTIONS.

04-0244R - RESOLUTION AMENDING THE CITIZEN PARTICIPATION PLAN FOR THE HUD-FUNDED COMMUNITY DEVELOPMENT PROGRAM TO MODIFY THE COMMUNITY DEVELOPMENT COMMITTEE'S COMPOSITION AND INCORPORATE THE CONTINUUM OF CARE PROCESS. (REPLACEMENT)

COMMITTEE 1

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0230R - RESOLUTION AUTHORIZING SETTLEMENT OF A LAWSUIT AGAINST THE CITY BY THE MINNESOTA CIVIL LIBERTIES UNION.

COMMITTEE 3

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0218R - RESOLUTION AUTHORIZING PARTICIPATION IN THE FINANCIAL CRIMES TASK FORCE.

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0263R - RESOLUTION RECOMMENDING VARIOUS ACTIONS TO IMPROVE RENTAL HOUSING USE IN THE CITY. (REPLACEMENT)

04-0265R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO PROVIDE FOR A CITIZEN ADVISORY BODY. (REPLACEMENT)

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

The following entitled ordinances are to be read for the first time:

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-022-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADDING A NEW SECTION 50-37 TO PROVIDE FOR REGULATORY CONTROLS FOR DESIGNATED AREA DEVELOPMENTS.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-016-O - AN ORDINANCE AMENDING ORDINANCE 9586 AMENDING TRADITIONAL NEIGHBORHOOD DISTRICT NO. 2, PROPERTY BOUNDED ON THE NORTH BY 13TH STREET, ON THE EAST BY CENTRAL ENTRANCE, ON THE SOUTH BY 11TH STREET AND ON THE WEST BY SECOND AVENUE WEST (HOUSING AND REDEVELOPMENT AUTHORITY).

04-020-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADDING A NEW SECTION 50-37 TO PROVIDE FOR THE REGULATORY CONTROLS FOR PLANNED UNIT DEVELOPMENTS.

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-017-O - AN ORDINANCE AMENDING SECTION 29C-5 AND ADDING NEW ARTICLE II TO CHAPTER 29C OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO HUMAN RIGHTS; ESTABLISHING A HUMAN RIGHTS ORDINANCE WHICH IS HUD COMPLIANT, AS AUTHORIZED BY LAWS OF MINNESOTA, 2000, CHAPTER 402.

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-018-O - AN ORDINANCE AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY FOR SALE OF TEN COMMANDMENTS MONUMENT AND PROPERTY ON WHICH IT IS LOCATED.

The following entitled ordinances are to be read for the second time:

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-012-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 28, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, SINGLE FAMILY RESIDENTIAL, TO C-4, BUSINESS CENTER COMMERCIAL DISTRICT, PROPERTY LOCATED AT 24 WILLOW STREET (ERLEMEIER/BAKER/LARSON).

04-013-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 17, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM M-1, MANUFACTURING, TO C-2, HIGHWAY COMMERCIAL DISTRICT, PROPERTIES LOCATED ALONG THE LOWER SIDE OF GRAND AVENUE BETWEEN 41ST AND 42ND AVENUES WEST (ESLER, ET AL.). (REPLACEMENT)

04-015-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF LINCOLN PARK TOOLHOUSE TO DEDA FOR $233,000. (REPLACEMENT)

COMMITTEE 3

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-014-O - AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 43-33.3 CONCERNING PROPERTIES NOT HAVING A CERTIFICATE OF NONCONTRIBUTION.

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COUNCILOR QUESTIONS AND COMMENTS
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