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.

 

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AGENDA FOR THE DULUTH CITY COUNCIL MEETING

Monday, June 13, 2011, 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 - February 28, March 14 and 28, 2011.

PUBLIC HEARINGS -  7:00 p.m. - Firehouse No. 1 TIF Plan.

7:00 p.m. - New East High School Resident 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


   *11-0613-01           Ski Hut, et al. (two signatures), petition for street improvement of 11th Avenue East from Third to Fourth streets. -- Assessor


   *11-0613-02           Minnesota state auditor audit report for Duluth entertainment and convention center for the yearsended December 31, 2010 and 2009. -- Received


   *11-0613-03           Joe Kleiman communication regarding the proposed reclassification of the parcel at the northwestern corner of Kenwood Avenue and Arrowhead Road (11-019-O). -- Received


   *11-0613-04           T-Mobile Central, LLC appeal of planning commission decision regarding replacement antennas and related telecommunications equipment upgrades at various locations in Duluth. – Committee of the whole


   *11-0613-05           The following communications regarding the proposed new East High School resident permit parking zone (11-0309R ): (a) Donald Andresen; (b) Mike and Cindy Bayer; (c) Thomas and Mary Bell; (d) Terry and Donna Churchill; (e) Ruth Ann Eaton; (f) Sue Finstick and Dale Smith; (g) Whitney LeFebvre; (h) Marjorie McKee; (i) Diana and Charles Moore . -- Received


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REPORTS FROM THE ADMINISTRATION

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REPORTS FROM OTHER OFFICERS


   *11-0613-07           Assessor letter of sufficiency for petition to reconstruct 11th Avenue East from Third to Fourth streets. -- Received


   *11-0613-08           Clerk application to the Minnesota gambling control board for exemption from lawful gambling license (raffle) from St. Margaret Mary Church on September 18, 2011. -- Received


   *11-0613-06           Community development manager communication regarding a request for waivers to HUD conflict of interest rules. -- Received


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REPORTS OF BOARDS AND COMMISSIONS


   *11-0613- 09          Civil service board minutes of April 5, 2011. -- Received 


   *11-0613- 10          Duluth airport authority minutes of April 12, 2011, meeting. -- Received 


   *11-0613-11           Duluth economic development authority minutes of April 27, 2011, meeting. -- Received

 

   *11-0613- 12          Duluth transit authority: (a) February 2011 income statement; (b ) Minutes of March 30, 2011, meeting. -- Received


   *11-0613-13           Housing and redevelopment authority of Duluth minutes of (a) March 22; (b) April 26, 2011, meetings. -- Received


   *11-0613-14           Special assessment board report, findings and recommendations for street reconstruction in the Riverside neighborhood. -- Received


   *11-0613-15           Special board of review minutes of May 17, 2011, meeting. -- Received


   *11-0613-16           Spirit Mountain recreation area authority minutes of April 21, 2011, meeting. -- 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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RESOLUTION TABLED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


11-0259R - RESOLUTION VACATING A PORTION OF THE ALLEY ON NORTON’S DULUTH OUTLOTS LOT 14 THAT IS THE EASTERLY EXTENSION OF THE ALLEY IN BLOCK 1, JOHNSON’S ADDITION (SEMPER DEVELOPMENT).   (TABLED 5/23)


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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)


11-0240R - RESOLUTION CONFIRMING ASSESSMENT ROLL FOR ASSESSMENTS LEVIED AGAINST BENEFITTED PROPERTY WITH REGARD TO PROPERTY VIOLATIONS DURING THE PERIOD OF MARCH 1, 2010, TO MARCH 1, 2011, PURSUANT TO CHAPTER 12 OF THE DULUTH CITY CODE.


11-0320R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND LOCAL 101 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS FOR THE YEAR 2010.


BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


11-0288R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH TIERNEY BROTHERS, INC., FOR THE PHASE II TECHNOLOGY UPGRADE FOR THE DULUTH CITY COUNCIL CHAMBERS FOR A TOTAL AMOUNT OF $66,550.60.


11-0297R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE FROM DUBH LINN, LLC (DUBH LINN PUB & BILLIARDS), 109 WEST SUPERIOR STREET TO DUBH LINN, INC. (DUBH LINN PUB & BILLIARDS), SAME ADDRESS.


11-0298R - RESOLUTION APPROVING ISSUANCE OF A BED AND BREAKFAST WINE LICENSE TO A. G. THOMSON HOUSE HISTORIC BED AND BREAKFAST INN, LLC (A. G. THOMSON HOUSE), 2617 EAST THIRD STREET.


11-0299R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF ZEITGEIST ARTS, LLC (TEATRO/ZINEMA/ZA CAFÉ), 222 EAST SUPERIOR STREET.


11-0300R - RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO LAKE SUPERIOR BREWING COMPANY, LLC, (TWIN PORTS BRIDGE FEST), BAYFRONT PARK.


11-0301R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF CHASERS OF DULUTH, INC. (BEDROCK BAR), 2023 WEST SUPERIOR STREET AND ALPINE BAR & LOUNGE, INC. (ALPINE BAR & LOUNGE), 1308 COMMONWEALTH AVENUE.


BY COUNCILOR BOYLE                                  (PERSONNEL)


11-0285R - RESOLUTION CONFIRMING THE APPOINTMENT OF ROGER REINERT TO THE ENTERTAINMENT AND CONVENTION CENTER AUTHORITY, REPLACING YVONNE PRETTNER SOLON.


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


11-0304R - RESOLUTION APPROVING A BUILDING IN DULUTH 2011 CONDITIONAL GRANT AGREEMENT BETWEEN THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND DEWITT-SEITZ MARKETPLACE, LLC, RELATING TO THE RENOVATION OF WAREHOUSE SPACE IN THE DEWITT-SEITZ BUILDING FOR LEASE TO GEACOM, INC.


11-0318R - RESOLUTION OF CONCEPTUAL SUPPORT FOR PROVIDING A SUBSTANTIAL BUSINESS SUBSIDY ASSISTANCE TO INVOLTA FOR A PROJECT THAT PROVIDES SUBSTANTIAL BENEFITS TO THE COMMUNITY OTHER THAN DIRECT JOB CREATION.


11-0319R - RESOLUTION RESCINDING PRIOR MODIFICATION AND APPROVING A REVISED MODIFICATION TO THE CANADIAN NATIONAL (FORMERLY KNOWN AS DMIR) RAILROAD JOBZ SUBZONE #100 REALLOCATING CERTAIN ACRES IN SAID SUBZONE TO FORM A NEW JOBZ SUBZONE CALLED THE DULUTH TECHNOLOGY PARK SUBZONE #100.1.


BY COUNCILOR ANDERSON      (INTERGOVERNMENTAL RELATIONS)


11-0287R - RESOLUTION AUTHORIZING THE EXECUTION OF A 25 YEAR COOPERATIVE AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE INSTALLATION AND ONGOING MAINTENANCE OF A NEW FISHING PIER AT BOY SCOUT LANDING ON THE ST. LOUIS RIVER IN THE GARY-NEW DULUTH AREA.


NEW 11-0321R - RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN/HOUSING DEVELOPMENT PLAN FOR PROJECT AREA NO. 1 AND ESTABLISHING THE FIREHOUSE REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR.


BY PRESIDENT GARDNER                (COMMITTEE OF THE WHOLE)


11-0274R - RESOLUTION DESIGNATING POLLING PLACES FOR THE SEPTEMBER 13, 2011, MUNICIPAL AND SCHOOL BOARD PRIMARY ELECTION AND THE NOVEMBER 8, 2011, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION.


COMMITTEE 3


BY COUNCILOR HARTMAN            (PUBLIC WORKS AND UTILITIES)


11-0278R - RESOLUTION AMENDING RESOLUTION 02-0304 AMENDING CONTRACT 19206 FOR PROFESSIONAL ENGINEERING SERVICES WITH LHB, INC., FOR CONSTRUCTION ADMINISTRATION AND INSPECTION FOR THE REHABILITATION OF BRIDGE NO. 93402 ON SECOND STREET AT CHESTER CREEK TO INCREASE THE AMOUNT BY $102,464 FOR A NEW TOTAL OF $160,202.


11-0282R - RESOLUTION ORDERING THE IMPROVEMENT OF APPROXIMATELY 7,800 FEET OF STREETS IN THE RIVERSIDE COMMUNITY, INCLUDING ST. LOUIS COURT, INDUSTRIAL AVENUE, RIVERVIEW AVENUE, VIEWCREST AVENUE, MARINE COURT, SPRING STREET, RIVERSIDE DRIVE, MANITOU STREET, SUNNYSIDE STREET, UNION STREET, ENGLAND AVENUE, CATO AVENUE, PENTON BOULEVARD AND EAST PENTON BOULEVARD ALLEY, AT AN ESTIMATED COST OF $6,933,208.


11-0283R - RESOLUTION AUTHORIZING BRIDGE BOND GRANT AGREEMENT 98419 AND ACCEPTING THE GRANT FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR THE CONSTRUCTION OF BRIDGE NO. 69679 (OLD BRIDGE NO. L8476) OVER MILLER CREEK AT LINCOLN PARK DRIVE IN THE AMOUNT OF $727,242.50.


11-0284R - RESOLUTION AUTHORIZING BRIDGE BOND GRANT AGREEMENT NO. 98492 AND ACCEPTING A GRANT FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR THE REHABILITATION OF BRIDGE NO. 69812 AT 27TH AVENUE WEST IN THE AMOUNT OF $627,298.75.


11-0292R - RESOLUTION AWARDING A CONTRACT TO INSITUFORM TECHNOLOGIES USA, INC. FOR 2011 CURED-IN-PLACE PIPE (CIPP) REHABILITATION OF SANITARY SEWERS IN VARIOUS LOCATIONS IN THE AMOUNT OF $485,806.70.


11-0293R - RESOLUTION AWARDING A CONTRACT TO CRYSTEEL TRUCK EQUIPMENT FOR THE OUTFITTING OF FOUR (4) INTERNATIONAL PLOW TRUCKS FOR A TOTAL AMOUNT OF $113,504.33.


11-0295R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH ULLAND BROTHERS, INC., FOR THE PURCHASE OF FINE COLD MIX BLACKTOP FOR THE CONTRACT PERIOD JUNE 1, 2011, THROUGH MAY 31, 2012, FOR A TOTAL AMOUNT OF $49,827.80.


11-0305R - RESOLUTION AUTHORIZING A REQUEST TO MNDOT TO PROVIDE ADVANCE FUNDING FROM THE LOCAL BRIDGE REPLACEMENT PROGRAM (LBRP) FOR VARIOUS CITY PROJECTS IN THE AMOUNT OF $1,834,817.75.


11-0307R - RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC FOR THE REHABILITATION OF BRIDGE NO. 93402 IN THE AMOUNT OF $1,119,891.


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


11-0281R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH WOODLAND HILLS PROVIDING FOR THE USE OF PROPERTY FOR POLICE TRAINING AT NO COST TO THE CITY.


11-0286R - RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO GRANT AGREEMENT CFMS CONTRACT #B47896 WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY STATE FIRE MARSHAL’S OFFICE INCREASING THE AMOUNT BY $1,200 TO REIMBURSE THE FIRE DEPARTMENT FOR EMS COSTS.


11-0303R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, OFFICE OF STATE COURT ADMINISTRATION, TO ENABLE THE POLICE DEPARTMENT TO ACCESS COURT RECORDS AND DATA.

 

NEW 11-0306R - RESOLUTION ACCEPTING A DONATION IN THE AMOUNT OF $8,000 FROM THE POLICE WELFARE ASSOCIATION AND ACCEPTING $2,000 FROM THE DULUTH POLICE GYM FUND TO BE USED TOWARDS THE PURCHASE OF GYM EQUIPMENT FOR THE DULUTH POLICE GYM.

 

11-0315R - RESOLUTION RESCINDING RESOLUTION 99-0652 ESTABLISHING THE RESIDENT PERMIT PARKING ZONE AROUND THE OLD EAST HIGH SCHOOL.


11-0317R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES ON COMMONWEALTH AVENUE ON JUNE 25, 2011, IN CONJUNCTION WITH FAR WEST FEST AND SUBJECT TO CERTAIN CONDITIONS.


BY COUNCILOR HALBERG   (RECREATION, LIBRARIES & AUTHORITIES)


11-0290R - RESOLUTION ACCEPTING A DONATION FROM THE JULIA NEWELL MARSHALL FUND IN THE AMOUNT OF $40,000 FOR THE CONSTRUCTION OF A NEW GAZEBO AND ACCESSIBLE TRAILS IN ENGER PARK.


11-0294R - RESOLUTION AMENDING AGREEMENT 21244 WITH COLLABORATIVE DESIGN GROUP, INC., FOR ADDITIONAL ARCHITECTURAL SERVICES ASSOCIATED WITH ENGER TOWER RECONSTRUCTION AND ENGER PARK MASTER PLAN, THEREBY AUTHORIZING AN INCREASE OF $46,800, AND A NEW CONTRACT TOTAL OF $140,280.


11-0296R - RESOLUTION AUTHORIZING USE OF UP TO $142,488 OF UNSPENT ZOO FUNDS FOR SELECT LAKE SUPERIOR ZOOLOGICAL GARDEN PROJECTS NECESSARY FOR RE-ACCREDITATION.


11-0308R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE NE MN STATEWIDE HEALTH IMPROVEMENT PROGRAM (SHIP), IN THE AMOUNT OF $6,500 FOR THE PURCHASE OF BICYCLE RACKS.


END OF CONSENT AGENDA


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

 

COMMITTEE 1

 

BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


11-0291R - RESOLUTION AWARDING A CONTRACT WITH ENVENTIS TELECOM, INC., FOR THE PURCHASE AND DELIVERY OF CISCO INFRASTRUCTURE EQUIPMENT TO SUPPORT THE CITY’S VOICE AND DATA NETWORK FOR A TOTAL AMOUNT OF $1,204,282.95.

 

COMMITTEE 3

 

BY COUNCILOR FOSLE                                (PUBLIC SAFETY)

 

11-0309R - RESOLUTION DESIGNATING PORTIONS OF CERTAIN STREETS IN THE VICINITY OF DULUTH EAST HIGH SCHOOL AS RESIDENT PERMIT PARKING ZONES.

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

 

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

 

COMMITTEE 1

 

BY COUNCILOR FEDORA                                   (FINANCE)


11-021-O - AN ORDINANCE REPEALING CHAPTER 34, SECTION 42, OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO THE SALE AND POSSESSION OF SYNTHETIC CANNABINOIDS.

 

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

 

COMMITTEE 2

 

BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


11-018-O - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH AS REFERENCED IN CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1, RESIDENTIAL-TRADITIONAL, TO R-2, RESIDENTIAL-URBAN, THE PROPERTY ALONG THE NORTH SIDE OF ARROWHEAD ROAD FROM 1413 WEST ARROWHEAD ROAD TO THE EXTENDED LINE (NORTHERLY) MYERS AVENUE (CITY OF DULUTH).


11-019-O - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH AS REFERENCED IN CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1, RESIDENTIAL-TRADITIONAL, TO MU-N, MIXED USE NEIGHBORHOOD, THE ENTIRE PARCEL AT THE NORTHWESTERN CORNER OF KENWOOD AVENUE AND ARROWHEAD ROAD (CITY OF DULUTH).

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COUNCILOR QUESTIONS AND COMMENTS

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COUNCILOR PREVIEW OF UPCOMING BUSINESS

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