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ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES - October 9 and 22, 2007.
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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
* 08-0114-01 Seaway Hotel acceptance of terms, conditions and provisions of concurrent use permit granted
by Ordinance 9822 on March 12, 2007. -- Received
* 08-0114-02 The following communications regarding proposed ordinance amending Sections 45-103 and 8-54 of the Duluth City Code, 1959, as amended, pertaining to concurrent use permits for expansion of alcoholic
beverage serving areas (07-086-O): (a) Mary Jo Twight; (b) Steve Townsend. -- Received
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REPORTS FROM THE ADMINISTRATION
● Retiree healthcare benefits
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REPORTS FROM OTHER OFFICERS
* 08-0114-03 Clerk application to the Minnesota gambling control board for exemption from lawful gambling
license (raffle) from Rotary Club of Duluth Harbortown, MN, USA on April 16, 2008. -- Received
* 08-0114-04 Purchasing agent emergency order awarded to Stout Mechanical, Inc., for pipe modification at
the West Duluth pumping station in the amount of $35,300. -- Received
* 08-0114-05 Workforce development manager report of findings and recommendations of the Duluth
workforce strategy task force of December 2007, pursuant to Resolution 07-0049. -- Received
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REPORTS OF BOARDS AND COMMISSIONS
* 08-0114-06 Commission on disabilities 2007 year end report and vision statement. -- Received
* 08-0114-07 Duluth airport authority minutes of: (a) October 16; (b) November 8; (c) November 20, 2007,
meetings. -- Received
* 08-0114-08 Duluth human rights commission minutes of November 14, 2007, meeting. -- Received
* 08-0114-09 Duluth/North Shore Sanitary District minutes of November 14, 2007, meeting. -- Received
* 08-0114-10 Duluth transit authority: (a) Income statement for September, 2007; (b) Minutes of October 24,
2007, meeting. -- Received
* 08-0114-11 Entertainment and convention center authority minutes of December 18, 2007, meeting. --
Received
* 08-0114-12 Planning commission minutes of November 14, 2007, meeting. -- Received
_________________________________________
* Listed only, not copied.
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REPORTS OF COUNCIL COMMITTEES
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REPORTS OF COUNCIL OPEN ISSUES
• Planned unit development
• Zoning Code changes |
• Pet licensing and
registration |
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OPPORTUNITY FOR CITIZENS TO BE HEARD
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MOTIONS AND RESOLUTIONS
The following entitled resolution is to be read for the first time:
BY PRESIDENT REINERT (RECREATION, LIBRARIES & AUTHORITIES)
08-0049R - RESOLUTION AMENDING RULE 1 OF THE STANDING RULES OF THE CITY COUNCIL
PERTAINING TO TIME AND RULE 9 OF THE STANDING RULES OF THE CITY COUNCIL
PERTAINING TO INTRODUCTION OF MEASURES.
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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.
The following entitled resolution is to be read for the second time:
COMMITTEE 2
BY COUNCILOR STAUBER (PLANNING & ECONOMIC DEVELOPMENT)
08-0008R - RESOLUTION APPROVING BUSINESS SUBSIDY AGREEMENT BETWEEN DEDA AND THE-JET COMPANY.
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COMMITTEE 1
BY COUNCILOR GARDNER (FINANCE)
08-0005R - RESOLUTION AUTHORIZING AN AGREEMENT FOR APPRAISAL SERVICES WITH THE
VALUATION GROUP, INC., RELATED TO THE VARIOUS TAX COURT PROCEEDINGS TOTALING NOT TO
EXCEED $20,000.
08-0023R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF CITY OF
DULUTH GENERAL OBLIGATION TAX AND AID ANTICIPATION CERTIFICATES OF INDEBTEDNESS OF
2008.
08-0035R - RESOLUTION AUTHORIZING AGREEMENT WITH PRO-WEST AND ASSOCIATES, INC., FOR
PROFESSIONAL SERVICES IN CONNECTION WITH SURVEYING AND LOCATING SPECIFIED
GOVERNMENT AND PLAT CORNERS AT A COST OF NOT TO EXCEED $89,500.
08-0038R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SUPERIORUSA
BENEFITS CORPORATION TO PROVIDE ADMINISTRATIVE SERVICES FOR A FLEXIBLE BENEFITS
PLAN FOR THE CITY FOR YEAR 2008 AT AN ESTIMATED COST OF $11,250.
BY COUNCILOR KRAUSE (PURCHASING & LICENSING)
08-0041R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO
THE COLLEGE OF ST. SCHOLASTICA, 1200 KENWOOD AVENUE.
08-0042R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR
LICENSE AND ON SALE SUNDAY LICENSE FROM APPLE AMERICAN LIMITED PARTNERHIP
(APPLEBEE’S NEIGHBORHOOD BAR & GRILL), 1600 MILLER TRUNK HIGHWAY, TO APPLEBEE’S
RESTAURANTS NORTH, LLC (APPLEBEE’S NEIGHBORHOOD BAR & GRILL), SAME ADDRESS.
08-0043R - RESOLUTION ISSUING AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE AND
APPROVING ISSUANCE OF AN ON SALE WINE LICENSE TO IT’S YOUR PARTY CATERING AND KARMA
LOUNGE, LLC, (IT’S YOUR PARTY CATERING AND KARMA LOUNGE), 2024 WEST SUPERIOR STREET,
SUITE 210..
08-0044R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE LICENSED PREMISES
OF THE ON SALE INTOXICATING LIQUOR LICENSE OF JUST TAKE ACTION, INC. (FITGER’S
BREWHOUSE), 600 EAST SUPERIOR STREET.
08-0045R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO
AMERICAN LEGION #71.
COMMITTEE 2
BY COUNCILOR STAUBER (PLANNING & ECONOMIC DEVELOPMENT)
08-0022R - RESOLUTION ACCEPTING $7,000 IN SETTLEMENT OF THE DEBT OWED BY ROGER
BRAUN, DOING BUSINESS AS THE TRAIL BLAZER, TO THE REVOLVING LOAN FUND FORMERLY
OPERATED BY NORTH STAR COMMUNITY DEVELOPMENT CORPORATION AND AUTHORIZING
EXECUTION OF A RELEASE.
08-0040R - RESOLUTION APPROVING A MODIFICATION TO THE CLYDE-ONEOTA JOBZ SUBZONE #101
REALLOCATING CERTAIN ACRES IN SAID SUBZONE TO FORM A NEW JOBZ SUBZONE CALLED THE
AIRPORT NORTH BUSINESS DEVELOPMENT SUBZONE #96.1.
BY COUNCILOR CUNEO (INTERGOVERNMENTAL RELATIONS)
08-0002R - RESOLUTION AUTHORIZING PAYMENT OF MEMBERSHIP DUES TO LMC IN THE AMOUNT
OF $27,240.
COMMITTEE 3
BY COUNCILOR FEDORA (PUBLIC WORKS & UTILITIES)
08-0010R - RESOLUTION ADDING 21ST AVENUE EAST FROM END OF BRIDGE TO WATER STREET TO
DESIGNATED TRUNK HIGHWAY TURNBACK ROUTES IN THE CITY OF DULUTH.
08-0011R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH WASTE MANAGEMENT
OF NORTHERN MINNESOTA FOR GARBAGE/REFUSE REMOVAL AND RECYCLING PICK-UP AS
NEEDED DURING YEAR 2008 FOR AN ESTIMATED TOTAL AMOUNT OF $70,000.
08-0016R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH AIRGAS SPECIALTY
PRODUCTS FOR THE PURCHASE OF 40,000 POUNDS OF LIQUID ANHYDROUS AMMONIA FOR A
TOTAL AMOUNT OF $25,986.
08-0017R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH DPC INDUSTRIES, INC.,
FOR 55 TONS OF LIQUID CHLORINE FOR A TOTAL AMOUNT OF $28,549.46.
08-0018R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH HAWKINS,INC., D.B.A.
HAWKINS WATER TREATMENT GROUP - SUPERIOR FOR 145 TONS OF LIQUID
HYDROFLUOROSILICIC ACID FOR A TOTAL AMOUNT OF $83,821.89.
08-0019R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH HAWKINS, INC., D.B.A.
HAWKINS WATER TREATMENT GROUP - SUPERIOR FOR THE PURCHASE OF 100,000 GALLONS OF
CAUSTIC SODA FOR A TOTAL AMOUNT OF $211,828.50.
08-0020R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH C&S CHEMICALS, INC.,
FOR THE PURCHASE OF 150,000 GALLONS OF LIQUID ALUMINUM SULFATE FOR A TOTAL AMOUNT
OF $135,787.50.
08-0037R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SHORT ELLIOT HENDRICKSON (SEH,
INC.) FOR PROFESSIONAL SERVICES FOR SECURE WEB-BASED NPDES MS4 PERMIT TRACKING
SERVICES FOR 2008.
BY COUNCILOR ANDERSON (PUBLIC SAFETY)
08-0003R - RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO STATE GRANT
CONTRACT 2006-CC-00396/9300-2178 COMMUNITY CRIME PREVENTION GRANT FROM THE STATE OF
MINNESOTA, OFFICE OF JUSTICE PROGRAMS, EXTENDING THE EXPIRATION DATE OF THE
AGREEMENT.
08-0012R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH NIELSON
COMMUNICATIONS, INC., FOR THE PURCHASE AND DELIVERY OF KENWOOD MOBILE RADIOS AND
RELATED RADIO SYSTEM EQUIPMENT FOR A TOTAL AMOUNT OF $47,871.61.
08-0033R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH STREICHER’S, INC.,
FOR THE PURCHASE AND DELIVERY OF AMMUNITION IN YEAR 2008 FOR THE POLICE DEPARTMENT
IN THE AMOUNT OF $33,681.03.
BY PRESIDENT REINERT (RECREATION, LIBRARIES & AUTHORITIES)
08-0015R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT
WITH THE ARROWHEAD REGIONAL DEVELOPMENT COMMISSION FOR A PERFORMANCE BASED
CONTRACT FOR THE CITY’S SENIOR DINING PROGRAM FOR AN AMOUNT NOT TO EXCEED $263,082.
08-0036R - RESOLUTION AUTHORIZING AGREEMENT WITH THE MARSHALL SCHOOL AND THE
DULUTH LIBRARY FOUNDATION FOR ONE BOOK, ONE COMMUNITY EVENT AT A COST OF NOT TO
EXCEED $200.
END OF CONSENT AGENDA
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The following entitled resolutions are also for consideration at this meeting:
COMMITTEE 1
BY COUNCILOR GARDNER (FINANCE)
08-0039R - RESOLUTION AUTHORIZING AN AGREEMENT WITH HISTORIC UNION DEPOT, INC., IN THE
AMOUNT OF $151,807.
COMMITTEE 2
BY COUNCILOR STAUBER (PLANNING & ECONOMIC DEVELOPMENT)
08-0013R - RESOLUTION DENYING A CONCURRENT USE PERMIT TO ACES ON FIRST FOR THE
SIDEWALK ABUTTING 113 WEST FIRST STREET (NICK PATRONAS).
08-0014R - RESOLUTION DENYING A CONCURRENT USE PERMIT TO MR. D’S BAR AND GRILL FOR
AWNINGS AT 5622 GRAND AVENUE (AL TERWEY).
08-0021R - RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE 2006 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES
OF DULUTH (NHS) EXTENDING THE TERM OF THE AGREEMENT FOR SIX MONTHS.
08-0024R - RESOLUTION AUTHORIZING AMENDMENTS TO THE 2006 COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM NORTHERN COMMUNITIES LAND TRUST DECONSTRUCTION-RECONSTRUCTION PROJECT AGREEMENT AND TO THE 2006 HOME NORTHERN COMMUNITIES
LAND TRUST CITY HOMES PHASE V AGREEMENT EXTENDING THE TERMS OF THESE AGREEMENTS.
08-0034R - RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION
W-1, WATERFRONT DISTRICT, TO R-1-C, ONE- AND TWO-FAMILY RESIDENTIAL DISTRICT, FOUR
LOTS IN BLOCK 39, HUNTER AND MARKELLS GRASSY POINT ADDITION (LEHR/MUNGER).
COMMITTEE 3
BY COUNCILOR FEDORA (PUBLIC WORKS & UTILITIES)
08-0009R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AGREEMENT
NO. 91950 WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR PAYMENT
BY THE CITY TO THE STATE OF THE CITY’S SHARE OF THE ASSOCIATED CONSTRUCTION RELATING
TO THE RECONSTRUCTION OF MILLER TRUNK HIGHWAY (TRUNK HIGHWAY 53) AND ADJACENT
FRONTAGE ROADS AND CITY STREETS AT AN ESTIMATED COST OF $1,432,971.68.
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INTRODUCTION AND CONSIDERATION OF ORDINANCES
ORDINANCE TABLED
COMMITTEE 1
BY COUNCILOR KRAUSE (PURCHASING & LICENSING)
07-086-O - AN ORDINANCE AMENDING SECTIONS 45-103 AND 8-54 OF THE DULUTH CITY CODE, 1959,
AS AMENDED, PERTAINING TO CONCURRENT USE PERMITS FOR EXPANSION OF ALCOHOLIC
BEVERAGE SERVING AREAS. (TABLED 1/7) (REPLACEMENT)
The following entitled ordinances are to be read for the first time:
COMMITTEE 2
BY COUNCILOR STAUBER (PLANNING & ECONOMIC DEVELOPMENT)
08-001-O - AN ORDINANCE GRANTING TO NICK PATRONAS, DBA ACES ON FIRST, A CONCURRENT
USE PERMIT TO OCCUPY, SERVE AND MAINTAIN A COUNTER TO SERVE LIQUOR ON THE SIDEWALK
ABUTTING 113 WEST FIRST STREET AND IMPOSING CERTAIN CONDITIONS, LIMITATIONS AND
RESTRICTIONS IN RELATION TO SUCH CONCURRENT USE PERMIT.
08-002-O - AN ORDINANCE GRANTING TO AL TERWEY, DBA MR. D’S BAR AND GRILL, A CONCURRENT
USE PERMIT FOR FIXED AWNINGS TO PROJECT INTO AND OVER THE RIGHT-OF-WAY OF GRAND
AVENUE AND RAMSEY STREET FOR PROPERTY LOCATED AT 5622 GRAND AVENUE.
08-003-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED,
ZONING DISTRICT MAP NO. 12, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR
THE RECLASSIFICATION FROM W-1, WATERFRONT DISTRICT, TO R-1-C, ONE- AND TWO-FAMILY
RESIDENTIAL DISTRICT, FOUR LOTS IN BLOCK 39, HUNTER AND MARKELLS GRASSY POINT
ADDITION (LEHR/MUNGER).
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COUNCILOR QUESTIONS AND COMMENTS
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