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, August 29, 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 - June 9, 13, 27, July 11 and 18, 2011.


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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


*  11-0829-01             Daniel Murphy, et al. (11 signatures), petition for paving of Plum Street from Eighth Avenue East to Skywood Lane. -- Assessor


*  11-0829-02             Rory and Katelyn Blazevik appeal of planning commission decision regarding the denial to construct a 26 by 32 foot garage in a flood fringe area at 102 131st Avenue West. -- Committee 2 (planning and economic development)


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REPORTS FROM THE ADMINISTRATION

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REPORTS FROM OTHER OFFICERS


*  11-0829-03             Assessor letter of sufficiency for petition to pave Plum Street from Eighth Avenue East to Skywood Lane. -- Received


*  11-0829-04             Clerk application for exempt permit to the Minnesota gambling control board from March of Dimes MN Chapter for raffle on October 27, 2011. -- Received


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REPORTS OF BOARDS AND COMMISSIONS


*  11-0829-05             Commission on disabilities minutes of June 1, 2011, meeting. -- Received


*  11-0829-06             Duluth airport authority: (a) Minutes of June 21, 2011, meeting; (b) May 31, 2011, unaudited balance sheet. -- Received


*  11-0829-07             Duluth public utilities commission minutes of July 13, 2011, meeting. -- Received


*  11-0829-08             Duluth transit authority: (a) Minutes of June 29, 2011, meeting; (b) May 2011 income statement. -- 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 2


BY COUNCILOR ANDERSON      (INTERGOVERNMENTAL RELATIONS)


11-0352R - RESOLUTION AUTHORIZING LONG TERM LOAN AGREEMENT WITH THE ST. LOUIS COUNTY HISTORICAL SOCIETY FOR DISPLAY AND PRESERVATION OF THE TWO CITY-OWNED STAINED GLASS TIFFANY WINDOWS. (TABLED 6/27 FOR MORE INFORMATION)


BY PRESIDENT GARDNER                (COMMITTEE OF THE WHOLE)


11-0434R - RESOLUTION AMENDING RESOLUTION 09-0007, AS AMENDED, RETAINING MAKI AND OVEROM, CHARTERED, INCREASING THE AMOUNT BY $300,000 FOR A NEW TOTAL AMOUNT NOT TO EXCEED $1,060,000. (TABLED 8/15)


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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)


11-0447R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 363 FOR 2011.

 

NEW 11-0456R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND THE CONFIDENTIAL UNIT OF THE CITY OF DULUTH, REPRESENTED BY CHICAGO AND MIDWEST REGIONAL JOINT BOARD, AFFILIATED WITH WORKERS UNITED/SEIU, FOR 2011.

 

BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


11-0401R - 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, 2011, AND ENDING AUGUST 31, 2012.


11-0402R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE WINE RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2011, AND ENDING AUGUST 31, 2012.


11-0403R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE CLUB LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2011, AND ENDING AUGUST 31, 2012.


11-0404R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE INTOXICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2011, AND ENDING AUGUST 31, 2012.


11-0405R - RESOLUTION APPROVING THE ISSUANCE OF BREWERY MALT LIQUOR OFF SALE INTOXICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2011, AND ENDING AUGUST 31, 2012.


11-0440R - RESOLUTION AUTHORIZING CHANGE ORDER ONE AND CHANGE ORDER TWO TO CONTRACT 21293 WITH VIELE CONTRACTING, INC., FOR ADDITIONAL WORK ASSOCIATED WITH BITUMINOUS PAVING IMPROVEMENTS AT DULUTH CITY FIRE HALLS, FOR AN INCREASE OF $39,575, AND A TOTAL CONTRACT AMOUNT OF $183,601.


11-0448R - RESOLUTION AWARDING A CONTRACT TO RJS CONSTRUCTION GROUP, LLC, FOR SIDING REPLACEMENT OF DULUTH FIRE HALL NO. 2 IN THE AMOUNT OF $77,274.


11-0450R - RESOLUTION AUTHORIZING AGREEMENTS WITH MICROSOFT LICENSING GP AND SHI FOR THE USE OF SPECIFIED MICROSOFT SOFTWARE PRODUCTS FOR UP TO SIX YEARS IN THE AMOUNT OF $1,207,598.70.


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


11-0436R - RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN - FUTURE LAND USE MAP FOR THE KENWOOD/EDISON SCHOOL SITE AT 1750 KENWOOD AVENUE.


11-0437R - RESOLUTION VACATING A PORTION OF AN ALLEY LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF 98TH AVENUE WEST, BLOCK 28, GARY FIRST DIVISION DULUTH (GREGORY PRIVETTE).


BY COUNCILOR ANDERSON      (INTERGOVERNMENTAL RELATIONS)


11-0438R - 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 $14,820 IN COOPERATIVE AGREEMENT FUNDING.


11-0451R - RESOLUTION AUTHORIZING AGREEMENT TO ACCEPT EASEMENTS FROM SPIRIT VALLEY LAND COMPANY, LLC, IN THE RIVERSIDE AREA AT NO COST.

 

COMMITTEE 3

 

BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


11-0439R - RESOLUTION AUTHORIZING AGREEMENT WITH CHECK DIVERSION PROGRAM, LLC, FOR THE ADMINISTRATION OF THE WORTHLESS CHECK DIVERSION PROGRAM AT NO COST TO THE CITY.


11-0449R - RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FROM MINNESOTA BOARD OF FIREFIGHTER TRAINING AND EDUCATION IN THE AMOUNT OF $7,904.16 FOR THE PURPOSE OF SUPPORTING THE FIRE DEPARTMENT PERSONNEL TRAINING.


BY COUNCILOR HALBERG   (RECREATION, LIBRARIES & AUTHORITIES)


11-0445R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A THREE YEAR CONCESSION AGREEMENT WITH THE CHESTER BOWL IMPROVEMENT CLUB FOR THE OPERATION OF CHESTER BOWL CHALET, ALPINE SKI AREA AND OTHER PROGRAMMING FOR THE SUM OF $60,000.


END OF CONSENT AGENDA


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


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


11-0444R - RESOLUTION AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO DENY THE APPLICATION FOR A VARIANCE BY RORY BLAZEVIC FROM THE FLOODPROOFING AND FLOOD PROTECTION REQUIREMENTS OF SECTION 50-18.1.C OF THE DULUTH CITY CODE.  (REPLACEMENT)


11-0446R - RESOLUTION REVERSING THE DECISION OF THE PLANNING COMMISSION TO DENY THE APPLICATION FOR A VARIANCE BY RORY BLAZEVIC FROM THE FLOODPROOFING AND FLOOD PROTECTION REQUIREMENTS OF SECTION 50-18.1.C OF THE DULUTH CITY CODE.

 

BY PRESIDENT GARDNER                (COMMITTEE OF THE WHOLE)


11-0442R - RESOLUTION AUTHORIZING ONE-TIME EXPENDITURE OF NOT TO EXCEED $75,000 IN ADDITION TO PREVIOUSLY AUTHORIZED FIVE YEAR ANNUAL EXPENDITURE OF $80,000 TO CBIZ BENEFITS AND INSURANCE SERVICES, INC. FOR A MARKET-COMPETITIVE CITY EMPLOYEE COMPENSATION EVALUATION ANALYSIS PURSUANT TO CURRENT PROFESSIONAL SERVICES AGREEMENT.


11-0443R - RESOLUTION OF SUPPORT FOR THE TOURISM TAX TASK FORCE REPORT AND RECOMMENDATIONS. (REPLACEMENT 2 AMENDMENT)


11-0454R - RESOLUTION CALLING FOR AN ADVISORY REFERENDUM PERTAINING TO THE SALE OF THE CITY-OWNED STEAM SYSTEM.

 

NEW 11-0455R - RESOLUTION SUBMITTING A PROPOSED ORDINANCE CREATING A PARKS FUND AND AUTHORIZING A SPECIAL LEVY OF $2,600,000 TO SUPPORT IT TO THE VOTERS AT A SPECIAL ELECTION ON NOVEMBER 8, 2011.

 

COMMITTEE 3


BY COUNCILOR HARTMAN               (PUBLIC WORKS & UTILITIES)


11-0441R - RESOLUTION OF INTENT TO IMPROVE A PORTION OF OXFORD STREET, LIVINGSTON AVENUE AND GLENWOOD STREET AND TO ASSESS A PORTION OF THE COSTS THEREOF.  (AMENDMENT)


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED


COMMITTEE 2


BY COUNCILOR ANDERSON      (INTERGOVERNMENTAL RELATIONS)


11-026-O - AN ORDINANCE ADDING A NEW SECTION 34-26 TO THE DULUTH CITY CODE, 1959, AS AMENDED, REGULATING LOITERING IN PUBLIC PLACES WITH THE INTENT TO ENGAGE IN PROSTITUTION OR THE SALE OF ILLEGAL DRUGS. (TABLED 8/15)


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


COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)


11-033-O - AN ORDINANCE MODIFYING CONDITIONS FOR DEFERRAL OF ASSESSMENTS, AMENDING SECTION 45.83 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

 

NEW 11-039-O - AN ORDINANCE CREATING THE PARKS FUND, AMENDING CHAPTER 20 OF THE DULUTH CITY CODE, 1959, AS AMENDED, LEVYING A TAX AS PROVIDED FOR IN LAWS OF MINNESOTA, 1953, CHAPTER 560, SECTION 1, TO FUND IT AND SETTING FORTH THE PROCESS APPLICABLE THERETO, SUBJECT TO REFERENDUM.

 

BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


11-009-O - AN ORDINANCE AMENDING CHAPTER 8, SECTIONS 8-9, 8-13, 8-25, 8-40, 8-45, 8-50, 8-52, 8-54, 8-56, 8-57, 8-58, 8-62 AND 8-68 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO THE ALCOHOLIC BEVERAGE CODE.


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


11-034-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 MU-N, MIXED USE NEIGHBORHOOD, TO MU-C, MIXED USE COMMERCIAL, THE ENTIRE PARCEL AT THE SOUTHEASTERN CORNER OF COMMONWEALTH AVENUE AND EAST GARY STREET (CITY OF DULUTH).


11-035-O - AN ORDINANCE GRANTING TO GRANDMA’S SPORTS BAR AND GRILL A CONCURRENT USE PERMIT FOR THE INSTALLATION OF METAL CORNICES, CANOPY/MARQUEE AND AWNINGS TO PROJECT INTO THE LAKE AVENUE SOUTH RIGHT-OF-WAY.


11-036-O - AN ORDINANCE REPEALING CHAPTER 45, ARTICLE IV OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO THE VACATION OF HIGHWAYS.


BY PRESIDENT GARDNER AND COUNCILOR BOYLE


11-037-O - AN ORDINANCE PROVIDING FOR POSTING AND MAILING OF NOTICE OF A PROPOSED SALE OF CITY PROPERTY BY AUCTION, AMENDING SECTION 2-177.2 OF THE DULUTH CITY CODE, 1959, AS AMENDED.


COMMITTEE 3


BY COUNCILOR HARTMAN               (PUBLIC WORKS & UTILITIES)


NEW 11-038-O - AN ORDINANCE AMENDING SECTION 26-37 AND REPEALING SECTION 26-39 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING THE NUMBER OF REQUIRED ON-DUTY BRIDGE TENDERS.


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


COMMITTEE 2 


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


11-028-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 MIXED USE NEIGHBORHOOD (MU-N) AND MIXED USE BUSINESS PARK (MU-B) TO FORM DISTRICT 5 (F-5), MID-RISE COMMUNITY SHOPPING AND OFFICE, THE PROPERTY ALONG WEST SUPERIOR STREET FROM GARFIELD AVENUE TO 22ND AVENUE WEST IN THE LINCOLN PARK BUSINESS DISTRICT (CITY OF DULUTH).


11-029-O - AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PROPERTY IN THE WEST HILLSIDE AREA TO ANDREW J. AND CATHERINE E. SILL FOR $50,000.


11-030-O - AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PROPERTY IN THE CENTRAL HILLSIDE AREA TO DIANNA L. HUNTER AND DEBORAH M. ANDERSON FOR $55,000.


11-031-O - AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PROPERTY IN THE CENTRAL HILLSIDE AREA TO DIANNA L. HUNTER AND DEBORAH M. ANDERSON FOR $30,000.


11-032-O - AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PROPERTY IN THE WEST HILLSIDE AREA TO FRANK T. HENNESSEY AND STEPHANIE L. HENNESSEY FOR $20,000.  (REPLACEMENT)


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COUNCILOR QUESTIONS AND COMMENTS

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COUNCILOR PREVIEW OF UPCOMING BUSINESS

 

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