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, August 16, 2010, 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: April 12, 26 and May 10, 2010.


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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


   *10-0816-01           Gary Bartsias, et al. (two signatures) petition to vacate the south end of Viewcrest Avenue; Lots 14 and 15, Block 3, and Lot 1 and a portion of Lot 8, Block 4, Riverside. -- Assessor


   *10-0816-02           J&S Partnership, LLP, aka J&S Partnership, and J&SV, LLC, et al., by William M. Burns, attorney, petitions for:

                                   (a)       Rezoning from M-1, Manufacturing, to C-5, Planned Commercial, the lower side of property between 44th and 46th avenues West and Grand Avenue (four signatures);

                                   (b)       Vacation of alley and easements between the lower side of property between 44th and 46th avenues West and Grand Avenue (one signature). -- Assessor


   *10-0816-03           Miners, Inc., by DSGW, Inc., petition to vacate 225 feet of alley between 208 and 210 North Central Avenue and 5300 Bristol Street. -- Assessor


   *10-0816-04           Minnesota state auditor management and compliance report of the city of Duluth for the year ended December 31, 2009. -- Received


   *10-0816-05           The following communications regarding the proposed unified development chapter (10-030-O; 10-035-O; 10-036-O and 10-037-O): (a) Jaclyn Nelson; (b) Verizon Wireless, by Jaymes D. Littlejohn, attorney. -- Received


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REPORTS FROM THE ADMINISTRATION


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REPORTS FROM OTHER OFFICERS


   *10-0816-06           Assessor:

                                   (a)       Affidavit of mailing of notice of the levying of assessments against properties for unpaid delinquent stormwater and/or street lighting fees;

                                   (b)       Letter of sufficiency regarding petition to vacate 225 feet of alley between 208 and 210 North Central Avenue and 5300 Bristol Street. -- Received


   *10-0816-07           Building official appeal of the board of zoning appeals decision to deny a request to allow the installation of an additional 60 square feet of signage to an existing oversized off premise sign in a scenic area at 2120 London Road (Nick G. Patronas). -- Committee 2 (planning and economic development)


   *10-0816-08           Clerk applications for exempt permits (raffles) to the Minnesota gambling control board from: (a) Animal Allies Humane Society on October 2, 2010; (b) Arrowhead Zoological Society, dba Lake Superior Zoological Society on September 23, 2010; (c) Duluth East Athletic Association on May 2, 2011; (d) March of Dimes Foundation on October 28, 2010. -- Received


   *10-0816-09           Parks and recreation division manager agreement amendment with the Greater Downtown Council for Movies in the Park, pursuant to Section 2-35 of the Duluth City Code. -- Received


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REPORTS OF BOARDS AND COMMISSIONS


   *10-0816-10           Board of zoning appeals minutes of June 22, 2010, meeting. -- Received


   *10-0816-11           Charter commission minutes of April 14, 2010, meeting. -- Received


   *10-0816-12           Commission on disabilities minutes of June 2, 2010, meeting. -- Received


   *10-0816-13           Duluth airport authority: (a) Minutes of June 29, 2010, meeting; (b) Unaudited balance sheet dated May 31, 2010. -- Received


   *10-0816-14           Duluth public arts commission minutes of: (a) May 17; (b) June 21, 2010, meetings. -- Received


   *10-0816-15           Spirit Mountain recreation area authority minutes of June 17, 2010, meeting. -- Received


   *10-0816-16           Tree commission update on the Park Point pine forest next to Sky Harbor Airport. -- 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

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OPPORTUNITY FOR CITIZENS TO BE HEARD

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RESOLUTIONS TABLED


COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)


10-0362R - RESOLUTION ESTABLISHING NO PARKING FROM 3 A.M. TO 6 A.M. ON STREETS IN DOWNTOWN DULUTH. (TABLED 6/28)


BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


10-0385R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH SUPERIOR GLASS, INC., FOR THE EAST AND SOUTH FACADE WINDOW REPLACEMENT AT CITY HALL IN DULUTH FOR A TOTAL AMOUNT OF $749,845. (TABLED 7/19)


COMMITTEE 3


BY COUNCILOR GARDNER   (RECREATION, LIBRARIES & AUTHORITIES)


10-0389R - RESOLUTION AMENDING RESOLUTION 09-0742 ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2010; ADDING ADULT ENTERTAINMENT ESTABLISHMENT ANNUAL LICENSE FEE. (TABLED 7/19 FOR CONSIDERATION WITH COMPANION ORDINANCE 10-034)


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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 FEDORA                                   (FINANCE)


10-0419R - RESOLUTION CALLING FOR THE PREPAYMENT AND REDEMPTION OF GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 2002D, OF THE CITY OF DULUTH, MINNESOTA AND TRANSFERRING MONIES FROM THE COMMUNITY INVESTMENT TRUST FUND THEREFOR.


10-0420R - RESOLUTION TRANSFERRING MONIES TO STREET IMPROVEMENT DEBT SERVICE FUND FROM THE COMMUNITY INVESTMENT TRUST FUND TO CANCEL 2010 DEBT SERVICE TAX LEVY.


10-0421R - RESOLUTION AUTHORIZING ADDENDUM TO PARKING LEASE WITH DULUTH GRAND LLC, TEMPORARILY MODIFYING PAYMENT OBLIGATIONS.


10-0432R - RESOLUTION AMENDING RESOLUTION NO. 10-0213 AUTHORIZING AGREEMENT WITH CRW SYSTEMS, INC., SUBSTITUTING FORM OF CONTRACT.


BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


10-0415R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 MALT LIQUOR LICENSE TO DULUTH SOFTBALL PLAYERS ASSOCIATION, WHEELER FIELD.


10-0416R - RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH PLAYHOUSE, INC.


10-0417R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR PROGRAM FOR AID TO VICTIMS OF SEXUAL ASSAULT.


10-0418R - RESOLUTION APPROVING THE ISSUANCE OF LAWFUL GAMBLING PREMISE PERMITS TO IRVING COMMUNITY ASSOCIATION.


BY COUNCILOR BOYLE                                  (PERSONNEL)


10-0366R - RESOLUTION CONFIRMING THE APPOINTMENTS OF MARLENE VAN PUYMBROUCK AND DON HOAG TO THE DEFERRED COMPENSATION PLAN COMMISSION, REPLACING NORMA JOHNSON AND JOHN BEYER.


10-0409R - RESOLUTION CONFIRMING THE APPOINTMENT OF SUZANNE ROSS TO THE DULUTH AIRPORT AUTHORITY, REPLACING NANCY NORR.


10-0434R - RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF CONTRACT MANAGEMENT AND COMPLIANCE ADMINISTRATOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME.


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-0376R - RESOLUTION AUTHORIZING A MINNESOTA HISTORICAL AND CULTURAL GRANT AGREEMENT WITH THE MINNESOTA HISTORICAL SOCIETY AND FURTHER AUTHORIZING A SUBGRANT AGREEMENT WITH JAIL HOLDING LLC TO IMPLEMENT A REHABILITATION PROGRAM OF THE OLD ST. LOUIS COUNTY JAIL.

 

10-0413R - RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE 2007 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT, A FIRST AMENDMENT TO THE 2008 HOME PROGRAM AGREEMENT AND A FORBEARANCE AGREEMENT WITH AMERICAN INDIAN COMMUNITY HOUSING ORGANIZATION (AICHO); ALL RELATED TO THE GIMAAJII MINO BIMAADIZIYAAN PROJECT.


10-0414R - RESOLUTION AUTHORIZING TRANSFER OF $127,876 IN THE 2008 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.

 

BY COUNCILOR HARTMAN        (INTERGOVERNMENTAL RELATIONS)


10-0401R - RESOLUTION ENTERING INTO AN AGREEMENT ACCEPTING A GRANT OF $354,718 FROM SENIOR SERVICE AMERICA, INC., TO OPERATE THE SENIOR AIDES PROGRAM FROM JULY 1, 2010, THROUGH JUNE 30, 2011; PROGRAM FUNDS WILL BE ACCEPTED UPON RECEIPT OF NOTICES OF FUNDS AVAILABLE.


COMMITTEE 3


BY COUNCILOR GAUTHIER              (PUBLIC WORKS & UTILITIES)


10-0243R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH MONARCH PAVING COMPANY, A DIVISION OF MATHY CONSTRUCTION COMPANY, FOR THE PURCHASE OF FINE COLD MIX ASPHALT FOR THE CONTRACT PERIOD JUNE 1, 2010, THROUGH MAY 31, 2011, FOR A TOTAL AMOUNT OF $96,989.07.


10-0404R - RESOLUTION AUTHORIZING JOINT APPLICATION WITH THE DULUTH SEAWAY PORT AUTHORITY TO THE U.S. DEPARTMENT OF TRANSPORTATION FOR A TIGER II GRANT IN THE AMOUNT OF $19,700,000 FOR PORT AND ROAD IMPROVEMENTS, AND COMMITTING CITY MATCHING FUNDS.


10-0405R - RESOLUTION AWARDING A CONTRACT TO JMF CONSTRUCTION, INC., FOR THE 2010 SANITARY AND STORM MANHOLE ADJUSTMENT PROGRAM IN THE AMOUNT OF $73,205.


10-0406R - RESOLUTION AWARDING CONTRACTS TO BOTH COONS AGGREGATE SUPPLY (A DIVISION OF WISSOTA SAND AND GRAVEL) AND ULLAND BROTHERS, INC., FOR THE PURCHASE OF APPROXIMATELY 9,000 TONS OF WASHED SAND AS NEEDED IN YEAR 2010 FOR A TOTAL AMOUNT OF $97,641.


10-0422R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SALO ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN ENGINEERING FOR THE IVANHOE STREET RECONSTRUCTION PROJECT IN THE AMOUNT OF $79,520.52.


10-0423R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SALO ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN AND CONSTRUCTION ENGINEERING FOR THE 36TH AVENUE EAST RECONSTRUCTION PROJECT IN THE AMOUNT OF $129.711.51.


10-0424R - RESOLUTION AUTHORIZING AN AGREEMENT WITH AYRES ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN AND CONSTRUCTION ENGINEERING FOR THE ANDERSON ROAD RECONSTRUCTION PROJECT IN THE AMOUNT OF $307,901.


10-0430R - RESOLUTION ACCEPTING A GRANT FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES LAKE SUPERIOR COASTAL PROGRAM IN THE AMOUNT OF $32,492 FOR A PROJECT ENTITLED GPS SURVEY AND REALIGNMENT OF SANITARY AND STORM WATER STRUCTURES IN DULUTH’S GIS, AND COMMITTING LOCAL MATCH.


10-0431R - RESOLUTION AMENDING GUIDELINES FOR THE COMMERCIAL/INDUSTRIAL ENERGY CONSERVATION PROGRAM, MAKING MULTI-FAMILY HOUSE ELIGIBLE AND EXTENDING PAY-BACK REQUIREMENTS TO 15 YEARS.


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


10-0410R - RESOLUTION ACCEPTING AN IN-CAR CAMERA GRANT PROGRAM AWARD OF FIVE ICOP IN-CAR POLICE CAMERAS FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY THROUGH THE MINNESOTA SHERIFFS’ ASSOCIATION AND CONTRIBUTING A REQUIRED LOCAL MATCH OF $500.


10-0411R - RESOLUTION APPROVING AGREEMENT WITH HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH FOR SERVICES AND FUNDING OF ONE PUBLIC HOUSING COMMUNITY BASED POLICE OFFICER FOR FIVE YEARS AND ACCEPTING A TOTAL OF $292,001.60 TO FUND SAID POSITION.


10-0412R - RESOLUTION AUTHORIZING REGIONAL FUGITIVE TASK FORCE AGREEMENT BETWEEN THE CITY AND THE UNITED STATES MARSHALS SERVICE.


END OF CONSENT AGENDA


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

 

COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)

 

10-0425R - RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A $1,371,653 GENERAL OBLIGATION WATER UTILITY REVENUE NOTE, SERIES 2010C, AND PROVIDING FOR ITS PAYMENT.


10-0426R - RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A $3,753,059 GENERAL OBLIGATION SEWER UTILITY REVENUE NOTE, SERIES 2010B, AND PROVIDING FOR ITS PAYMENT.


10-0427R - RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A $9,087,385 GENERAL OBLIGATION SEWER UTILITY REVENUE NOTE, SERIES 2010A, AND PROVIDING FOR ITS PAYMENT.

 

BY COUNCILORS FEDORA AND HARTMAN

 

10-0429R - RESOLUTION OF SUPPORT FOR RENAMING THE MAIN UNITED STATES POST OFFICE IN DULUTH FOR DENNIS HUGHES.

 

BY COUNCILOR BOYLE                                  (PERSONNEL)

 

10-0407R - RESOLUTION APPOINTING _______________________ TO THE SEAWAY PORT AUTHORITY OF DULUTH, REPLACING THOMAS CLURE.


10-0408R - RESOLUTION APPOINTING MEMBERS TO THE DULUTH PUBLIC UTILITIES COMMISSION. (REPLACEMENT)

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-0402R - RESOLUTION VACATING PORTIONS OF STREETS AND ALLEYS AND ACCEPTING A DEDICATION OF A PORTION OF AN ALLEY IN PREPARATION FOR CONSTRUCTION OF A PRIVATE ACCESS ROAD TO WESTERN MIDDLE SCHOOL (ISD 709).

 

BY COUNCILOR STAUBER AND PRESIDENT ANDERSON


10-0428R - RESOLUTION OF INTENT TO REVIEW THE WIRELESS TELECOMMUNICATIONS INDUSTRY’S CONCERNS WITH THOSE PROVISIONS OF THE UNIFIED DEVELOPMENT CHAPTER RELATING TO WIRELESS TELECOMMUNICATIONS SPECIAL USE PERMITS.

 

BY COUNCILOR GARDNER   (RECREATION, LIBRARIES & AUTHORITIES)


10-0403R - RESOLUTION AUTHORIZING CITY TO ACCEPT A MINNESOTA’S LAKE SUPERIOR COASTAL PROGRAM STAR GRANT FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT ANTICIPATED TO BE $5,000 AND COMMITTING LOCAL 100 PERCENT MATCH.


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCES TABLED


COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)


10-037-O - AN ORDINANCE AMENDING ORDINANCE 10-030-O, RELATING TO THE UNIFIED DEVELOPMENT CHAPTER, AMENDING SECTION 50-20.3. (TABLED 7/19)


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-031-O - AN ORDINANCE REZONING LANDS WITHIN THE CITY OF DULUTH. (TABLED 7/19)


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-036-O - AN ORDINANCE AMENDING ORDINANCE 10-030-O RELATING TO THE UNIFIED DEVELOPMENT CHAPTER, AMENDING SECTION 50-15.2, SECTION 50-18.1, TABLE 50-19.8, TABLE 18.3-3, SECTION 50-20.3, SECTION 50-26.4, TABLE 50-27.2; TABLE 50-35.1, SECTION 50-36.2, SECTION 50-36.3, SECTION 50-37.8, SECTION 50-37.14, SECTION 50-41.69. (TABLED 7/19)


BY PRESIDENT ANDERSON AND COUNCILOR STAUBER


10-035-O - AN ORDINANCE AMENDING ORDINANCE 10-030-O RELATING TO THE UNIFIED DEVELOPMENT CHAPTER AND AMENDING SECTION 50-14.6, SECTION 50-15.2, SECTION 50-24.3A, TABLE 50-24-2, SECTION 50-24.4. (TABLED 7/19)


COMMITTEE 3


BY COUNCILOR GARDNER   (RECREATION, LIBRARIES & AUTHORITIES)


10-034-O - AN ORDINANCE AMENDING CHAPTER 5, ARTICLE IV, OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO ADULT BOOKSTORES AND ADULT ENTERTAINMENT ESTABLISHMENTS.  (TABLED 7/12 FOR PLANNING COMMISSION REVIEW) (REPLACEMENT)


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


COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)


10-041-O - AN ORDINANCE ADDING A NEW SECTION 34-42 TO THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING THE PROHIBITION OF SYNTHETIC CANNABINOIDS.


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-038-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, ONE-FAMILY RESIDENTIAL, AND R-2, TWO-FAMILY RESIDENTIAL, TO C-5, PLANNED COMMERCIAL, THE REAR HALF OF PROPERTY LOCATED AT 323-335 EAST CENTRAL ENTRANCE (A+A INVESTMENTS AND KENNETH LARSON).


10-042-O - AN ORDINANCE AMENDING ORDINANCE 10-030-O RELATING TO THE UNIFIED DEVELOPMENT CHAPTER, AMENDING SECTION 50-27.1, SECTION 50-27.3, SECTION 50-27.4, SECTION 50-38.7, SECTION 50-41-244, SECTION 50-41-277, SECTION 50-41-282, SECTION 50-41-290, AND TABLE 50-27.2.


BY COUNCILORS STAUBER AND BOYLE


10-039-O - AN ORDINANCE AMENDING SECTION 34-40 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO SMOKING PROHIBITIONS IN CITY PARKS AND PLAYGROUNDS.


COMMITTEE 3


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


10-040-O - AN ORDINANCE AMENDING SECTION 8-24 OF THE DULUTH CITY CODE, 1959, AS AMENDED RELATING TO GAMBLING IN LICENSED ESTABLISHMENTS.


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


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-030-O - AN ORDINANCE REPEALING CHAPTER 18, RELATING TO EROSION AND SEDIMENT CONTROL; CHAPTER 28A, RELATING TO HERITAGE PRESERVATION; CHAPTER 44, RELATING TO THE REGULATION OF SIGNS; AND CHAPTER 51, RELATING TO THE REGULATION OF WATER RESOURCES; AND AMENDING CHAPTER 50, RELATING TO ZONING, OF THE DULUTH CITY CODE, 1959, AS AMENDED, AND REPEALING SECTIONS 3, 4, 5, 6, 7, 8 AND 9 OF ORDINANCE 1809.                                                           (AS AMENDED)


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COUNCILOR QUESTIONS AND COMMENTS

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COUNCILOR PREVIEW OF UPCOMING BUSINESS

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