AGENDA FOR THE DULUTH CITY COUNCIL MEETING

Monday, August 30, 2010, 7:00 p.m.


ROLL CALL

PLEDGE OF ALLEGIANCE

PUBLIC HEARING - 7:00 P.M. - Duluth transit authority fare increase.

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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



*  10-0830-01             City of Duluth petition to vacate 16 foot alley between 43rd and 46th avenues West and Grand Avenue within Blocks 69 and 72, Oneota Industrial Park, and a 20 foot utility easement reserved in a portion of the vacated Traverse Street rescinding Resolution 05-0156 and rededication of property. – Assessor


*  10-0830-02             J & S Partnership, LLP, by Hanft, Fride, P.A., amended application and rezoning petition for property between 44th and 46th avenues West and Grand Avenue (lower side). – Assessor


*  10-0830-03             The following communications regarding sale of certain city property in the Upper Riverside area to the Spirit Valley Land Company, LLC, FOR $67,000 (10-011-O): (a) Allan Beaulier; (b) Art Johnston; (c) Bill Majewski. – Received


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REPORTS FROM OTHER OFFICERS


*  10-0830-04             Letter of sufficiency of petitions to:

                                   (a)       Reclassify property between 44th and 46th avenues West and Grand Avenue (lower side);

                                   (b)       Vacate:

                                               (1)       16 foot alley between 43rd and 46th avenues West and Grand Avenue within Blocks 69 and 72, Oneota Industrial Park, and a 20 foot utility easement reserved in a portion of the vacated Traverse Street rescinding Resolution 05-0156 and rededication of property;

                                   (c)       (2)       The south end of Viewcrest Avenue; Lots 14 and 15, Block 3, and Lot 1 and a portion of Lot 8, Block 4, Riverside. – Received


*  10-0830-05             Building official appeal of board of zoning appeals denial of a request to relax the side yard setback and aggregate side yard setback for the construction of an addition to an attached garage on property located at 2617 East Eighth Street (Doug J. Breiland). – Committee 2 (planning and economic development)

 

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REPORTS OF BOARDS AND COMMISSIONS


*  10-0830-06             Duluth human rights commission minutes of July 14, 2010, meeting. -- Received


*  10-0830-07             Duluth transit authority income statement fo April, 2010. – Received


*  10-0830-08             Library board minutes of May 25, 2010, meeting. -- Received


*  10-0830-09             Planning commission minutes of August 10, 2010, meeting. -- Received

 

*  10-0830-10             Spirit Mountain recreation area authority minutes of  July 15, 2010, meeting. -- Received

* 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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MOTIONS AND RESOLUTIONS

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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.


COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)


10-0327R - RESOLUTION TRANSFERRING MONIES FROM COMMUNITY INVESTMENT TRUST FUND FOR THE STREET RECONSTRUCTION, PRESERVATION AND MAINTENANCE PROGRAM.


BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


10-0442R - RESOLUTION AUTHORIZING AMENDMENT NO. ONE TO TECHNICAL CONSULTING AGREEMENT WITH ELERT & ASSOCIATES NETWORKING DIVISION, INC., FOR PHASE II AND PHASE III SERVICES FOR AN INCREASE OF $159,600, AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $207,600.

10-0448R - RESOLUTION APPROVING RENEWAL AND ISSUANCE OF ON SALE INTOXICATING LIQUOR, ON SALE SUNDAY INTOXICATING LIQUOR, ADDITIONAL BAR, ON SALE DANCING, 2:00 A.M. BEVERAGE LICENSE AND LATE HOUR ENTERTAINMENT LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2010, AND ENDING AUGUST 31, 2011.


10-0449R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE WINE RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2010, AND ENDING AUGUST 31, 2011.


10-0450R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE CLUB LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2010, AND ENDING AUGUST 31, 2011.


10-0451R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE INTOXICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2010, AND ENDING AUGUST 31, 2011.


10-0452R - RESOLUTION APPROVING THE ISSUANCE OF BREWERY MALT LIQUOR OFF SALE INTOXICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2010, AND ENDING AUGUST 31, 2011.


10-0456R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH EVOLVING SOLUTIONS, INC., FOR THE PURCHASE OF A SOFTWARE UPGRADE FOR THE CITY’S CENTRAL STORAGE SOLUTION IN THE AMOUNT OF $85,462.69.

 


COMMITTEE 2

BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-0436R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO SCOTT AND CHRISTINE SCHAFER FOR A BEAUTY SALON IN AN R-DISTRICT AT 2915 NIGHTHAWK LANE.(FN 10078)


10-0437R - RESOLUTION APPROVING THE PROPOSED RECLASSIFICATION TO NON-CONSERVATION AND SALE OF TAX FORFEITED PARCELS NEEDED FOR I.S.D. 709'S GRANT ELEMENTARY SCHOOL RENOVATION BY THE BOARD OF COMMISSIONERS OF SAINT LOUIS COUNTY


10-0453R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO ALLOW THE CONSTRUCTION OF THE NEW CITY OF DULUTH POLICE HEADQUARTERS BUILDING, PARKING AREAS, SIDEWALKS, UTILITIES AND STORMWATER WORKS AT 2501 RICE LAKE ROAD.

 

BY COUNCILOR HARTMAN        (INTERGOVERNMENTAL RELATIONS)


10-0439R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FAIR HOUSING ENFORCEMENT AND ACCEPTING $19,380.00 IN CAPACITY BUILDING AWARD FUNDS.

 

BY PRESIDENT ANDERSON

10-0462R - RESOLUTION AUTHORIZING CITY CONTRIBUTION TO THE GREATER DOWNTOWN COUNCIL TO BE USED TOWARDS THE COMPLETION OF A DOWNTOWN PARKING STUDY IN AN AMOUNT UP TO $13,000.

 

COMMITTEE 3


BY COUNCILOR GAUTHIER              (PUBLIC WORKS & UTILITIES)


10-438R - RESOLUTION AUTHORIZING AN AGREEMENT AND ACCEPTING A GRANT FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR THE REHABILITATION OF BRIDGES 92277A THROUGH 92277K OVER MILLER CREEK AT 26TH AVENUE WEST IN THE AMOUNT OF $875,540.


10-0454R - RESOLUTION AUTHORIZING A CONTRACT WITH BOYER FORD TRUCK, INC., FOR THE PURCHASE AND DELIVERY OF A UTILITY VAN WITH CANOPY OUTFITTED FOR SERVICE AND MOUNTED ON A 2011 FORD FS50 CHASSIS IN THE AMOUNT OF $82,639.84.


10-0455R - RESOLUTION AWARDING A CONTRACT TO CHARLES BAILEY DBA BAILEY CONSTRUCTION FOR THE 2010 CDBG-ARRA SIDEWALK REPLACEMENT PROJECT IN THE AMOUNT OF $53,054.50.


10-0457R - RESOLUTION AUTHORIZING ACCEPTANCE OF A CROSS COUNTRY SKI TRAIL ASSISTANCE PROGRAM GRANT AGREEMENT FOR FY2011 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT NOT TO EXCEED $5,000.


10-0459R - RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FROM THE GREAT LAKES BASIN PROGRAM (GLBP) FOR A PROJECT ENTITLED: THE MISSING LINK: RESIDENTIAL EROSION & SEDIMENT CONTROL EDUCATION IN THE AMOUNT OF $3900 AND COMMITTING LOCAL MATCH.

 

BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


10-0433R - RESOLUTION AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY FOR CONSTRUCTION AND MAINTENANCE OF SURFACE WATER DRAINAGE FACILITIES ADJACENT TO THE POLICE HEADQUARTERS FACILITY.


10-0435R - RESOLUTION AUTHORIZING ACCEPTANCE OF A LAW ENFORCEMENT EQUIPMENT GRANT FROM THE TARGET CORPORATION IN THE AMOUNT OF $500.


10-0445R - RESOLUTION APPROVING AGREEMENT WITH ST. LOUIS COUNTY TO SHARE COSTS OF A PUBLIC SAFETY GRANT COORDINATOR FOR A FIVE YEAR TERM AND ACCEPTING $32,355 ANNUALLY FROM THE COUNTY.


10-0446R - RESOLUTION AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY TO PERFORM POLICE SERVICES PURSUANT TO OPERATION STONEGARDEN AND ACCEPTING REIMBURSEMENT FROM THE DEPARTMENT OF HOMELAND SECURITY BUREAU OF CUSTOMS AND BORDER PROTECTION THROUGH ST. LOUIS COUNTY IN AN AMOUNT NOT TO EXCEED $54,300.


10-0458R - RESOLUTION AMENDING RESOLUTION 90-0719R ADOPTING HOME ENERGY CONSERVATION PROGRAM PHASE IV GUIDELINES.

 

10-0461R - RESOLUTION REQUESTING THE ADMINISTRATION EXPLORE WAYS TO REOPEN THE STOWE SKATE SHACK OR REPLACE THE RECREATIONAL BENEFIT IT PROVIDED.



BY COUNCILOR GARDNER   (RECREATION, LIBRARIES & AUTHORITIES)

 

10-0460R - RESOLUTION APPROVING PASSENGER FARE INCREASE FOR DULUTH TRANSIT AUTHORITY.

 


END OF CONSENT AGENDA


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

 

COMMITTEE 1

 

10-0447R - RESOLUTION RECOMMENDING APPROVAL OF THE CONSUMPTION AND DISPLAY LICENSE FOR DULUTH WOMAN’S CLUB, 2400 EAST SUPERIOR STREET.

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-0440R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY AN APPLICATION FOR A VARIANCE FROM THE MINIMUM REQUIRED SIDE YARD AND AGGREGATE SIDE YARD SETBACKS (DOUG J. BREILAND RE: 2716 E. 8TH ST.).


10-0441R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY AN APPLICATION FOR A VARIANCE FROM THE MINIMUM REQUIRED SIDE YARD AND AGGREGATE SIDE YARD SETBACKS (DOUG J. BREILAND RE: 2716 E. 8TH ST.).


10-0443R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO INCREASE THE AREA OF AN OVERSIZED OFF-PREMISE SIGN IN A SCENIC AREA (NICK G. PATRONAS: 2120 LONDON RD.).

 


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)

 


10-0444R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO INCREASE THE AREA OF AN OVERSIZED OFF-PREMISE SIGN IN A SCENIC AREA (NICK G. PATRONAS: 2120 LONDON RD.).


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE RECONSIDERED


COMMITTEE 2


BY COUNCILOR HARTMAN        (INTERGOVERNMENTAL RELATIONS)


10-011-O - AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN CITY PROPERTY IN THE UPPER RIVERSIDE AREA TO THE SPIRIT VALLEY LAND COMPANY, LLC, FOR $67,000.


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


COMMITTEE 2


BY PRESIDENT ANDERSON               COMMITTEE OF THE WHOLE


10-043-O - AN ORDINANCE AMENDING CHAPTER 28 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO HEALTH AND SANITATION.


The following entitled ordinances are to be read for the second 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.


COMMITTEE 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.


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COUNCILOR QUESTIONS AND COMMENTS

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COUNCILOR PREVIEW OF UPCOMING BUSINESS

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