Duluth City Council meeting agendas, resolutions and ordinances may change
at any time.  Every attempt to keep these pages up to date will be made.

Any amendments or revisions to resolutions and ordinances
may NOT be available online. 


Call the City Clerk's Office to verify the most current version(s) - 730-5740.

 

AGENDA FOR THE DULUTH CITY COUNCIL MEETING

Monday, August 11, 2008, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota

REPLACEMENT

 

ROLL CALL

PLEDGE OF ALLEGIANCE


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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


*  08-0811-01     Minnesota state auditor management and compliance report for the city of Duluth for the year ended December 31, 2007. -- Received


*  08-0811-02     Arrowhead regional development commission proposed 2008 tax levy request and budget. -- Received


*  08-0811-07     Kathleen Sardan communication regarding proposed ordinance amending Chapter 50 of the Duluth City Code, 1959, as amended, adding a new Section 50-1.50.1 defining the residential parking area, amending Section 50-30 to establish the authorized parking areas on a residential lot and creating a variance from such regulation (08-048-O). -- Received

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REPORTS FROM THE ADMINISTRATION

 

  Retiree healthcare benefits

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REPORTS FROM OTHER OFFICERS


*  08-0811-03     Assessor:

                       (a)       Affidavit of mailing of notice of the levying of assessments against the property specially benefitted for unpaid delinquent stormwater utility bills;

                       (b)       Letters of sufficiency of petitions to vacate:

                                   (1)       125 feet of alley easement in Block 19, Duluth Heights Sixth Division which is parallel to Basswood Avenue and Mulberry Street;

                                   (2)       streets, alleys and utility easements throughout the Harbor Highlands neighborhood in Duluth Proper, Third Division. -- Received

*  08-0811-04     Clerk application to the Minnesota gambling control board for exemption from lawful gambling license (raffle) from Duluth East Athletic Association on May 4, 2009. -- Received

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REPORTS OF BOARDS AND COMMISSIONS

*  08-0811-05     Entertainment and convention center authority minutes of July 22, 2008, meeting. -- Received

*  08-0811-06     Seaway Port authority of Duluth financial report for June, 2008. -- Received

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* Listed only, not copied.


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REPORTS OF COUNCIL COMMITTEES

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REPORTS OF COUNCIL OPEN ISSUES

  Zoning Code changes

  Pet licensing and registration

  ISD 709 Meeting

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OPPORTUNITY FOR CITIZENS TO BE HEARD

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RESOLUTIONS TABLED

COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


08-0384R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF LUCKY BREAK INC. (HORSESHOE BILLIARDS), 2415 WEST SUPERIOR STREET. (RETABLED 7/21 FOR 30 DAYS)


08-0385R - RESOLUTION DENYING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF LUCKY BREAK INC. (HORSESHOE BILLIARDS), 2415 WEST SUPERIOR STREET.  (RETABLED 7/21 FOR 30 DAYS)


BY COUNCILOR GARDNER                             (PERSONNEL)


08-0471R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF ALBERT M. KATZ AND ROBERT A. PRUSAK TO THE SANITARY SEWER BOARD OF THE WLSSD.  (TABLED 7/28/2008)


COMMITTEE 3


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-0457R - RESOLUTION ALIENATING CERTAIN CITY PROPERTY ON PARK POINT AND AUTHORIZING THE SALE OF SAME.  (TABLED 7/28)


08-0458R - RESOLUTION ACCEPTING $20,000 FROM THE HARRISON COMMUNITY CLUB TO APPLY TO THE DEDUCTIBLE FOR RECONSTRUCTION OF HARRISON COMMUNITY CENTER. (TABLED 7/21)


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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 KRAUSE                   (PURCHASING & LICENSING)


08-0488R - RESOLUTION AMENDING RESOLUTION 08-0356 APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF HOSPITALITY OF DULUTH, LLC (ACES ON FIRST), 113 WEST FIRST STREET.  (REPLACEMENT)


08-0489R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO PLAYER’S SPORTS BAR SOFTBALL TOURNAMENT.


08-0490R - RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF D A FITZPATRICK, INC. (LAKE AIRE BOTTLE SHOPPE), 2530 LONDON ROAD.


BY COUNCILOR GARDNER                             (PERSONNEL)


08-0494R - RESOLUTION FOR EXECUTION OF AMENDED EXHIBIT A TO SERVICE AGREEMENT WITH BLUE CROSS AND BLUE SHIELD OF MINNESOTA TO PROVIDE ADMINISTRATIVE SERVICES AND STOP LOSS INSURANCE EFFECTIVE JANUARY 1, 2008.


COMMITTEE 2


BY COUNCILOR FEDORA           (INTERGOVERNMENTAL RELATIONS)


08-0503R - RESOLUTION APPROVING AN AMENDMENT TO AIRPARK JOBZ SUBZONE NUMBER 97.


08-0505R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS ENTERING INTO A COOPERATIVE AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FAIR HOUSING ENFORCEMENT AND ACCEPTING $120,000.00 FOR YEAR THREE OF CAPACITY BUILDING.


BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)


08-0487R - RESOLUTION APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 9, 2008, STATE ELECTION AND THE NOVEMBER 4, 2008, STATE GENERAL ELECTION.


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)

 

08-0486R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF CLAYTON AND CINDY KERR IN THE AMOUNT OF $11,280.45.


08-0491R - RESOLUTION ACCEPTING SUBSTANTIAL DONATION OF PROPERTY FROM JEROME AND JUDITH ARNOLD ADJACENT TO THE MORNINGSIDE PIT.  (REPLACEMENT)


08-0492R - RESOLUTION AMENDING 8-0125R AND INCREASING CONTRACT WITH SERVICE ELECTRIC OF SUPERIOR FOR COMPLETING SMALL ELECTRICAL WORK IN YEAR 2008 BY $119,500, FOR A TOTAL AMOUNT OF $149,500.


08-0495R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH NORD-SEN METAL INDUSTRIES, LTD., FOR THE PURCHASE AND INSTALLATION OF THE PRIMARY VERTICAL COAL ELEVATOR AT THE DULUTH STEAM DISTRICT ONE PLANT IN THE AMOUNT OF $134,674.58.

COMMITTEE 3


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-0499R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH SECRET SERVICE ENTERTAINMENT, LLC, AMENDING ARTICLE 9 OF THE AGREEMENT OF THE PARTIES RELATING TO THE MANAGEMENT OF BAYFRONT FESTIVAL PARK RECREATION AREA.


END OF CONSENT AGENDA

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


COMMITTEE 1


BY COUNCILORS GILBERT AND GARDNER


08-0498R - RESOLUTION AMENDING RESOLUTION 07-0723 ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2008; SETTING FEES FOR THE NEW CHICKEN LICENSE CATEGORIES.


COMMITTEE 2


BY COUNCILOR FEDORA AND PRESIDENT REINERT


08-0504R - RESOLUTION CALLING FOR AN ADVISORY REFERENDUM PERTAINING TO THE SALE OF INTOXICATING LIQUOR IN THE LAKESIDE AND LESTER PARK NEIGHBORHOODS OF DULUTH


BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)


08-0508R - RESOLUTION SUBMITTING A PROPOSED AMENDMENT TO SECTION 27 OF THE CITY CHARTER TO THE VOTERS AT A SPECIAL ELECTION ON NOVEMBER 4, 2008.


08-0509R - RESOLUTION SUBMITTING A PROPOSED AMENDMENT TO SECTION 30 OF THE CITY CHARTER TO THE VOTERS AT A SPECIAL ELECTION ON NOVEMBER 4, 2008.


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-0484R - RESOLUTION ACCEPTING DONATION OF AMENDED EASEMENT FROM ISD 709 ADJACENT TO ORDEAN MIDDLE SCHOOL FOR THE LAKEWALK TRAIL.


08-0496R - RESOLUTION AUTHORIZING A LAKEWALK TRAIL LICENSE AGREEMENT WITH THE ST. LOUIS AND LAKE COUNTIES REGIONAL RAILROAD AUTHORITY FOR OPERATION AND MAINTENANCE OF THE LAKEWALK TRAIL FROM 36TH AVENUE EAST TO 47TH AVENUE EAST.


08-0497R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SALO ENGINEERING, INC. FOR THE YEAR 2009 MUNICIPAL STATE AID PROJECT LOCATED ON WOODLAND AVENUE BETWEEN KENT ROAD AND ARROWHEAD ROAD IN THE ESTIMATED AMOUNT OF $376,126.57.


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-0500R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE DULUTH SUPERIOR AREA COMMUNITY FOUNDATION IN THE AMOUNT OF $2,560 AND TO EXECUTE THE GRANT AGREEMENT.


COMMITTEE 3


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-0501R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE LLOYD K. JOHNSON FOUNDATION IN THE AMOUNT OF $1,950 AND TO EXECUTE THE GRANT AGREEMENT.


08-0502R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE A.H. ZEPPA FOUNDATION IN THE AMOUNT OF $2,500.


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCES TABLED

 

 

COMMITTEE 1

 

BY COUNCILORS GILBERT AND GARDNER


08-020-O - AN ORDINANCE AMENDING SECTION 50-55.1 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO KEEPING CHICKENS IN CITY. (RETABLED 7/28) (REPLACEMENT)


BY COUNCILORS KRAUSE AND FEDORA


08-044-O - AN ORDINANCE PERTAINING TO THE DULUTH PUBLIC ARTS COMMISSION; AMENDING SECTION 2-109 OF THE DULUTH CITY CODE, 1959, AS AMENDED.  (TABLED 6/19)


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


08-048-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, ADDING A NEW SECTION 50-1.50.1 DEFINING THE RESIDENTIAL PARKING AREA, AMENDING SECTION 50-30 TO ESTABLISH THE AUTHORIZED PARKING AREAS ON A RESIDENTIAL LOT AND CREATING A VARIANCE FROM SUCH REGULATION.  (AMENDED AND RETABLED 7/21)(AMENDMENT)


COMMITTEE 3


BY COUNCILOR ANDERSON (RECREATION, LIBRARIES & AUTHORITIES)


08-052-O - AN ORDINANCE AMENDING SECTION 34-13 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO GRAFFITI AND ITS REMOVAL.  (TABLED 7/28)

 

The following entitled ordinance is to be read for the first time:


COMMITTEE 1


BY COUNCILORS GILBERT AND GARDNER


08-059-O - AN ORDINANCE ADDING SECTIONS 6-79 AND 6-79.1 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO OBTAINING A LICENSE TO KEEP CHICKENS IN CITY.


COMMITTEE 1


BY COUNCILOR GARDNER                             (PERSONNEL)


08-060-O - AN ORDINANCE AMENDING SECTIONS 2-2, 2-2.1, 2-2.2, 2-2.4,2-12 AND 2-17; REPEALING SECTIONS 2-3, 2-4, 2-5, 2-6, 2-7, 2-8, 2-9, 2-10, 2-11, 2-13 AND 2-14; RENUMBERING SECTIONS 2-12, 2-15, 2-16, 2-17, 2-18.1 and 2-18.2 OF CHAPTER 2 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO CITY ADMINISTRATION.


COMMITTEE 2


BY PRESIDENT REINERT                  (COMMITTEE OF THE WHOLE)


08-061-O - AN ORDINANCE AMENDING SECTION 27 OF THE CITY CHARTER TO REQUIRE BOARD AND COMMISSIONS TO ADOPT BYLAWS REGULATING CONDUCT OF BUSINESS AND PUBLIC PARTICIPATION.


08-062-O - AN ORDINANCE AMENDING SECTION 30 OF THE CITY CHARTER TO ALLOW A CITIZEN TO PETITION FOR APPOINTMENT OF A SPECIAL PROSECUTOR TO PROSECUTE CONFLICTS OF INTEREST.


The following entitled ordinance is to be read for the second time:


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


08-058-O - AN ORDINANCE REPEALING SPRINKLING ALLOWANCE ON SANITARY SEWER BILLS, REPEALING SECTION 43-9 OF THE DULUTH CITY CODE, 1959, AS AMENDED.


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COUNCILOR QUESTIONS AND COMMENTS

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