Duluth City Council meeting agendas, resolutions and ordinances may change at any time.
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Call the City Clerk's Office to verify the most current version(s) - 730-5740.

 

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AGENDA FOR THE DULUTH CITY COUNCIL MEETING

Monday, April 26, 2010, 7:00 p.m.
Room 303, Third Floor, City Hall
411 West First Street, Duluth, Minnesota

REPLACEMENT 2

 

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES - March 8 and 22, 2010.

PUBLIC HEARINGS - 7:00 p.m. -  Proposed Designation of West Niagara Street as a Residential Permit Parking Zone.

                                    7:00 p.m. -  Proposed Designation of 46th Avenue West as a Residential Permit Parking Zone.

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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.

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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]

 

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PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS


*  10-0426-01             Amazing Grace Bakery and Café withdrawing concurrent use permit application to retain fence in front of establishment at 394 South Lake Avenue and requesting a sidewalk obstruction permit at the same address. -- Planning commission


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REPORTS OF BOARDS AND COMMISSIONS


*  10-0426-02             Commission on disabilities minutes of March 3, 2010, meeting. -- Received


*  10-0426-03             Duluth public arts commission minutes of:  (a) March 15; (b) April 5, 2010, meetings. -- Received


*  10-0426-04             Duluth human rights commission minutes of March 10, 2010, meeting. -- Received


*  10-0426-05             Planning commission minutes of:  (a) March 9; (b) March 23, 2010, meetings. -- Received


*  10-0426-06             Spirit Mountain recreation area authority minutes of:  (a) March 18; (b) March 29, 2010, meetings. -- Received

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* Listed only, not copied.


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OPPORTUNITY FOR CITIZENS TO BE HEARD

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RESOLUTION TABLED


COMMITTEE 2


BY COUNCILORS STAUBER, HARTMAN AND FEDORA


10-0189R - RESOLUTION ADDING AN INITIATIVE TO SUPPORT REVISIONS TO MINNESOTA STATUTES SECTION 471.345, SUBD. 13, TO THE CITY’S LEGISLATIVE AGENDA FOR 2010. (TABLED 4/12)


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MOTIONS AND RESOLUTIONS


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


COMMITTEE 2


BY PRESIDENT ANDERSON              (COMMITTEE OF THE WHOLE)


10-0196R - RESOLUTION AMENDING THE STANDING RULES - ORDER OF BUSINESS FOR ALL MEETINGS EXCEPT ANNUAL ORGANIZATION MEETING.


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 FEDORA                                   (FINANCE)


10-0224R - RESOLUTION CONFIRMING THE ASSESSMENT LEVIED FOR REINSTATEMENT OF CANCELED GARBAGE ASSESSMENT.


BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


10-0177R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH CITON COMPUTER CORPORATION FOR THE PURCHASE AND DELIVERY OF LENOVO COMPUTER HARDWARE (LAPTOPS) AND RELATED EQUIPMENT AS NEEDED DURING YEAR 2010 FOR A TOTAL ESTIMATED AMOUNT NOT TO EXCEED THE BUDGET ALLOCATION OF $150,000.


10-0201R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH TWIN PORT MAILING FOR POSTAGE AND MAILING SERVICES DURING YEAR 2010 FOR AN ESTIMATED AMOUNT OF $298,576.


10-0204R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2010, AND ENDING APRIL 30, 2011.


10-0205R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS AND 2:00 AM BEVERAGE LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2010, AND ENDING APRIL 30, 2011.


10-0206R - RESOLUTION RECOMMENDING APPROVAL OF THE CONSUMPTION AND DISPLAY LICENSE RENEWAL OF THE ORDER OF THE OWLS, DULUTH NEST #1200, FOR THE PERIOD BEGINNING APRIL 1, 2010, AND ENDING MARCH 31, 2011.


10-0207R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO THE COLLEGE OF ST. SCHOLASTICA, 1200 KENWOOD AVENUE.


10-0208R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSES OF GRANDMA’S, INC. (GRANDMA’S SALOON & DELI), 522 LAKE AVENUE SOUTH.


10-0211R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO CONTRACT WITH SHI INTERNATIONAL, INC., FOR COMPUTER SOFTWARE AND HARDWARE AS NEEDED IN YEAR 2010 NOT TO EXCEED THE BUDGET ALLOCATION OF $300,000.


10-0212R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO CONTRACT WITH INSIGHT PUBLIC SECTOR, INC., FOR COMPUTER HARDWARE AND RELATED PRODUCTS AS NEEDED IN YEAR 2010 NOT TO EXCEED THE BUDGET ALLOCATION OF $80,000.


10-0213R - RESOLUTION AUTHORIZING AGREEMENT WITH CRW SYSTEMS, INC., FOR THE PURCHASE OF LAND MANAGEMENT SOFTWARE AND IMPLEMENTATION SERVICES IN THE AMOUNT OF $313,420.81.


BY COUNCILOR BOYLE                                  (PERSONNEL)


10-0195R - RESOLUTION APPOINTING LORENDA M. INGERSOLL TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, REPLACING CAROL BEARHEART.


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

10-0202R - RESOLUTION AUTHORIZING INCREASE OF $10,698 IN THE 2010 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.


10-0203R - RESOLUTION AUTHORIZING A DECREASE OF $7,170 IN THE 2010 HUD HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM.


10-0215R - RESOLUTION ISSUING TO MINER’S, INC., APPROVAL OF A C-5 PLAN AMENDMENT FOR A 10,211 SQUARE FOOT BUILDING ADDITION, PARKING LOT EXPANSION, DRIVEWAY RELOCATION AND RELOCATION OF A GROUND SIGN AT 5401 BURNING TREE ROAD.


10-0219R - RESOLUTION VACATING A 20 FOOT WIDE BUILDING LINE EASEMENT ON THE SOUTH SIDE OF EAST FIRST STREET WEST OF 12TH AVENUE EAST FOR SEMPER DEVELOPMENT, LTD., AND WALGREENS.


10-0220R - RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT IN THE AMOUNT OF $500,000 FOR THE PURPOSE OF CONSTRUCTING ROADS AND UTILITIES AT THE FORMER ATLAS CEMENT SITE, SUBJECT TO PLEDGE OF MATCHING FUNDS FROM SEAWAY PORT AUTHORITY OF DULUTH.


10-0221R - RESOLUTION GRANTING A SIDEWALK OBSTRUCTION PERMIT TO TAKK FOR MATEN/KIPPIS RESTAURANT FOR A SIDEWALK CAFÉ AT 11 EAST SUPERIOR STREET.


BY PRESIDENT ANDERSON              (COMMITTEE OF THE WHOLE)

 

10-0180R - RESOLUTION AUTHORIZING A SERVICE AGREEMENT WITH DULUTH SISTER CITIES INTERNATIONAL, INC., IN THE AMOUNT OF $20,000.

 

COMMITTEE 3


BY COUNCILOR GAUTHIER            (PUBLIC WORKS AND UTILITIES)


10-0198R - RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY FOR A LOAN AGREEMENT FOR THE HIGHLAND ELEVATED WATER TANK.


10-0199R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH NORTHLAND CONSTRUCTORS OF DULUTH, LLC, AND ULLAND BROTHERS, INC., FOR THE PURCHASE OF BITUMINOUS MATERIAL, HOT MIX (FINE), FOR A TOTAL ESTIMATED AMOUNT OF $1,247,732.71.


BY COUNCILOR GARDNER (RECREATION, LIBRARIES AND AUTHORITIES)


10-0197R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH SOFTBALL PLAYERS ASSOCIATION, INC., FOR THE OPERATION OF THE WHEELER FIELD SOFTBALL COMPLEX CONCESSIONS DURING THE 2010 SOFTBALL SEASON.

 

10-0217R - RESOLUTION ACCEPTING REIMBURSEMENT MONEY IN THE AMOUNT OF $47,002 FROM THE ARROWHEAD LIBRARY SYSTEM FOR THE PURCHASE OF LIBRARY MATERIALS AND ONLINE RESOURCES.


END OF CONSENT AGENDA


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

 

COMMITTEE 1


BY COUNCILORS FEDORA, FOSLE AND STAUBER

 

10-0228R - RESOLUTION REQUESTING INVESTIGATION PERTAINING TO DEDA’S PURCHASE AGREEMENT WITH TEMPLECORP, INC., FOR THE TEMPLE OPERA, NORSHOR THEATER AND NORSHOR ANNEX BUILDINGS.

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 

10-0200R - RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN ADDITIONAL $385,000 IN NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDING FROM MINNESOTA HOUSING FINANCE AGENCY AND AUTHORIZING A FIRST AMENDMENT TO THE NSP GRANT AGREEMENT WITH NORTHERN COMMUNITIES LAND TRUST.

 

10-0209R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS RELATING TO THE DEFINITION OF “SIGN” PROVIDED IN THE DULUTH LEGISLATIVE CODE SECTION 44-2(t) (ISD #709 RE: 301 NORTH 40TH AVENUE EAST).


10-0210R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS RELATING TO THE DEFINITION OF “SIGN” PROVIDED IN SECTION 44-2(t) OF THE DULUTH LEGISLATIVE CODE (ISD #709 RE: 301 NORTH 40TH AVENUE EAST).


10-0222R - RESOLUTION VACATING PART OF THE ALLEY SOUTHWEST OF THE INTERSECTION OF KENWOOD AVENUE AND ARROWHEAD ROAD AND RETAINING A UTILITY EASEMENT OVER THE ENTIRE VACATION AREA (DULUTH TEACHERS CREDIT UNION).


10-0223R - RESOLUTION DENYING A PETITION TO VACATE PART OF THE ALLEY SOUTHWEST OF THE INTERSECTION OF KENWOOD AVENUE AND ARROWHEAD ROAD (DULUTH TEACHERS CREDIT UNION).

 

10-0227R - RESOLUTION APPROVING DEDA’S PURCHASE AGREEMENT WITH TEMPLECORP, INC., FOR THE TEMPLE OPERA, NORSHOR THEATER AND NORSHOR ANNEX BUILDINGS.

 

BY COUNCILORS STAUBER AND FEDORA

 

10-0229R - RESOLUTION AMENDING RESOLUTION 89-0323, ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY, SAID AMENDMENT RELATED TO COUNCIL APPROVAL FOR EXPENDITURES.

 

BY PRESIDENT ANDERSON              (COMMITTEE OF THE WHOLE)


10-0179R - RESOLUTION ADOPTING AN ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY.

 

10-0194R - RESOLUTION CONFIRMING THE APPOINTMENT OF PAUL M. JOHNSON AS CHIEF INFORMATION OFFICER FOR THE CITY OF DULUTH.

 

BY COUNCILOR GARDNER (RECREATION, LIBRARIES AND AUTHORITIES)


10-0216R - RESOLUTION OF SUPPORT FOR TEMPORARY SCHEDULE CHANGE FOR THE AERIAL LIFT BRIDGE DURING THE PERIOD MAY 3 THROUGH OCTOBER 31.

 

10-0218R - RESOLUTION ACCEPTING UNCONDITIONAL GIFTS FROM THE FRIENDS OF THE DULUTH PUBLIC LIBRARY FOR THE BENEFIT OF THE LIBRARY IN 2010.


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED


COMMITTEE 3


BY COUNCILOR GAUTHIER            (PUBLIC WORKS AND UTILITIES)


10-016-O - AN ORDINANCE CREATING A DULUTH PUBLIC UTILITIES COMMISSION, ESTABLISHING MEMBERSHIP AND POWERS AND DUTIES THEREOF AND AUTHORIZING SAID COMMISSION TO ESTABLISH VARIOUS UTILITY RATES, AMENDING CHAPTERS 2, 43 AND 48 OF THE CODE. (TABLED 4/12) (REPLACEMENT ORDINANCE) (REPLACEMENT AMENDMENT)


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


COMMITTEE 2


BY PRESIDENT ANDERSON AND COUNCILOR FEDORA


10-023-O - AN ORDINANCE AMENDING SECTION 29-A7, AND REPEALING SECTION 29a-32.1, OF CHAPTER 29A OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO THE RENTAL LICENSING 300 FOOT RULE.


COMMITTEE 3


BY COUNCILORS GAUTHIER, GARDNER AND HARTMAN


10-022-O - AN ORDINANCE ADDING A NEW SECTION 34-17 TO THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO PREDATORY OFFENDER RESIDENCY RESTRICTIONS.


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


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-020-O - AN ORDINANCE AMENDING SECTION 44-2 OF THE DULUTH CITY CODE, 1959, AS AMENDED, AMENDING THE DEFINITION OF "SIGN" AND PROVIDING FOR SEPARATE SECTION NUMBERS FOR EACH DEFINITION.


COMMITTEE 3


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


10-019-O - AN ORDINANCE AMENDING SECTION 34-30 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING TRESPASSING.


10-021-O - AN ORDINANCE AMENDING SECTION 40-12 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO USER CHARGE FOR EXCESSIVE CONSUMPTION OF POLICE SERVICES.


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COUNCILOR QUESTIONS AND COMMENTS

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