Duluth City Council meeting agendas, resolutions and ordinances may change at any time.
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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

Tuesday, May 28, 2013, 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 22, 2013.

PUBLIC HEARINGS - 7:00 P.M. - Proposed City Charter Section 1 Amendment to the Legal Description for the City of Duluth (13-032-O).

                                      7:00 P.M. - Proposed City Charter Section 21 Amendment Relating to Political Activities of City Employees (13-033-O).

                                      7:00 P.M. - Proposed City Charter Section 23 Amendment Removing the City Assessor Reference (13-034-O).

                                      7:00 P.M. - Proposed City Charter Section 84 Amendment to the Stated Dollar Amount for the Failure to Comply Liability of Franchises (13-035-O).


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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


   *13-0528-01           John and Linda Van Etta et al. (five signatures) petition for overlay and local improvements of Plum Street. -- Assessor


   *13-0528-02           The following communications regarding the proposed ordinance related to the reclassification to mixed use commercial for properties located at the 2100 block of London Road (13-027-O): (a) David Holappa; (b) Joseph Kleiman. -- Received


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REPORTS FROM THE ADMINISTRATION

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REPORTS FROM OTHER OFFICERS


   *13-0528-03           Acting assessor letter of sufficiency regarding petition to pave Plum Street, from Ninth Avenue East to Skywood Lane. -- Received


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REPORTS OF BOARDS AND COMMISSIONS


   *13-0528-04           Duluth airport authority minutes of April 16, 2013, meeting. -- Received


   *13-0528-05           Duluth human rights commission minutes of April 10, 2013, meeting. -- Received


   *13-0528-06           Spirit Mountain recreation area authority minutes of: (a) March 21; (b) April 18, 2013, meetings. -- Received


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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)


13-0237R - RESOLUTION OF INTENT TO CREATE STREET IMPROVEMENT BOARD AND TO ESTABLISH CERTAIN PROCEDURES PERTAINING TO STREET IMPROVEMENTS AND FUNDING. (TABLED 5/13)


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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 HARTMAN                                (FINANCE)


13-0265R - RESOLUTION CONFIRMING THE ASSESSMENT ROLL LEVIED FOR REASSESSMENT OF A CANCELED RAZING ASSESSMENT.


13-0279R - RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR MAY 1, 2013, TO APRIL 30, 2014, IN THE AMOUNT OF $5,804,694 FOR THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY.


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


13-0263R - RESOLUTION AUTHORIZING THE RENEWAL OF A CONTRACT WITH DULUTH READY MIX, INC., THE THIRD YEAR OF A THREE-YEAR CONTRACT, FOR THE PURCHASE AND DELIVERY OF WASHED SAND DURING YEAR 2013 FOR A TOTAL AMOUNT OF $58,781.25.


13-0264R - RESOLUTION ACCEPTING A SPECIAL LAW RELATING TO THE CITY OF DULUTH AND AUTHORIZING ANNUAL ALCOHOL LICENSING AT WHEELER FIELD.

 

BY COUNCILOR GARDNER                             (PERSONNEL)


NEW 13-0289R - RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FROM MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY OCCUPATIONAL SAFETY AND HEALTH CONSULTATION DIVISION IN AN AMOUNT UP TO $5,252 AND COMMITTING LOCAL MATCH.


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


13-0267R - RESOLUTION VACATING PORTIONS OF PLATTED UNIMPROVED ROAD EASEMENT FOR THE ALLEY BETWEEN INDUSTRIAL AVENUE AND RIVERVIEW AVENUE (NANCY NILSEN AND RIVERSIDE RETREAT, LLC).


13-0271R - RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1004 SOUTH LAKE AVENUE (GERARD AND NORMA DOWNES).


13-0272R - RESOLUTION AUTHORIZING AN AGREEMENT FOR LOAN A WITH DULUTH TEACHERS CREDIT UNION, IN AN AMOUNT NOT TO EXCEED $15,048, CONTINGENT UPON RECEIPT OF A MINNESOTA INVESTMENT FUND GRANT – 2012 DISASTER RECOVERY PROGRAM FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT.


13-0273R - RESOLUTION AUTHORIZING AN AGREEMENT FOR LOAN A WITH GRANDMA’S, INC. IN AN AMOUNT NOT TO EXCEED $198,019, CONTINGENT UPON RECEIPT OF A MINNESOTA INVESTMENT FUND GRANT – 2012 DISASTER RECOVERY PROGRAM FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT.


13-0274R - RESOLUTION AUTHORIZING AN AGREEMENT FOR LOAN A WITH WHOLE FOODS CO-OP, INC., IN AN AMOUNT NOT TO EXCEED $293,190, CONTINGENT UPON RECEIPT OF A MINNESOTA INVESTMENT FUND GRANT – 2012 DISASTER RECOVERY PROGRAM FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT.


13-0275R - RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 10 INDUSTRIAL AVENUE (NANCY NILSEN/ RIVERSIDE RETREAT, LLC).


13-0276R - RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 13402 WEST THIRD STREET (MATTHEW EVINGSON).


BY PRESIDENT BOYLE                      (COMMITTEE OF THE WHOLE)


13-0277R - RESOLUTION APPROVING SETTLEMENT IN THE MATTER OF LAUREN M. NASH V. CITY OF DULUTH IN THE AMOUNT OF $290,000.


COMMITTEE 3


BY COUNCILOR JULSRUD                (PUBLIC WORKS & UTILITIES)


13-0262R - RESOLUTION AUTHORIZING AMENDMENT TO VARIOUS AGREEMENT WITH MINNESOTA PUBIC FACILITIES AUTHORITY EXTENDING THE TERM THEREOF.


13-0266R - RESOLUTION AUTHORIZING PURCHASE OF STREET AND UTILITY EASEMENTS FROM JAMES G. AND GAIL A. SUNDSTROM FOR $1,500.


13-0268R - RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY 250 FEET OF SANITARY SEWER IN LAWN STREET BEGINNING AT NORTH BOUNDARY AVENUE AND EXTENDING EASTERLY AT AN ESTIMATED COST OF $64,500.


13-0269R - RESOLUTION AUTHORIZING PURCHASE OF UTILITY EASEMENTS FROM PROPERTY OWNERS ON LAKESIDE COURT AT A TOTAL COST OF $3,734.40.


13-0281R - RESOLUTION AMENDING CONTRACT 21793 WITH WATTERS & SONS EXCAVATING, LLC FOR CONSTRUCTION OF THE GREENE STREET BOX CULVERT IN THE AMOUNT OF $70,000 FOR A NEW TOTAL OF $272,827.


NEW 13-0283R - RESOLUTION AUTHORIZING AN AGREEMENT WITH GOODPOINTE TECHNOLOGY, INC., FOR A PAVEMENT CONDITION SURVEY FOR AN AMOUNT NOT TO EXCEED $115,000.


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


13-0258R - RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FROM FEMA IN THE AMOUNT OF $129,120 FOR THE PURPOSE OF PURCHASING VARIOUS EQUIPMENT FOR THE FIRE DEPARTMENT.


13-0261R - RESOLUTION AUTHORIZING JOINT POWERS AGREEMENT WITH CLOQUET AREA FIRE DISTRICT FOR COOPERATIVE FIRE FIGHTING ASSISTANCE.


BY COUNCILOR LARSON      (RECREATION, LIBRARIES & AUTHORITIES)


13-0229R - RESOLUTION GRANTING APPROVAL AND IMPLEMENTATION OF THE MEMORIAL PARK MASTER PLAN.


13-0270R - RESOLUTION AUTHORIZING THE EXECUTION OF A TEMPORARY ACCESS AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR ACCESS TO RADIO TOWER BAY ON THE ST. LOUIS RIVER IN THE GARY-NEW DULUTH AREA.


13-0278R - RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE OF A CROSS COUNTRY SKI TRAIL ASSISTANCE PROGRAM GRANT AGREEMENT FOR FY2013-2014 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT NOT TO EXCEED $25,820.


END OF CONSENT AGENDA


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


COMMITTEE 1


BY COUNCILORS GARDNER AND KRUG


NEW 13-0282R - RESOLUTION AMENDING RESOLUTION 12-0608, ADOPTING LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR 2013, BY ADDING A LICENSE FEE FOR SYNTHETIC DRUG ESTABLISHMENTS.

 

COMMITTEE 3


BY COUNCILOR JULSRUD                (PUBLIC WORKS & UTILITIES)

 

13-0280R - RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB FOR SURVEYING SERVICES FOR FUTURE STREET AND UTILITY IMPROVEMENTS ON SUPERIOR STREET IN DOWNTOWN DULUTH.


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCES TABLED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


13-027-O - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM MIXED USE-BUSINESS (MU-B) AND MIXED USE-NEIGHBORHOOD (MU-N) TO MIXED USE-COMMERCIAL (MU-C), FOR PROPERTIES LOCATED AT THE 2100 BLOCK OF LONDON ROAD (LONDON ACQUISITION, LLC). (TABLED 5/13)


13-029-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING DIMENSIONAL STANDARDS, PERMITTED AND SPECIAL USES, USE SPECIFIC STANDARDS, THE HISTORIC PRESERVATION COMMISSION AND DEFINITIONS. (TABLED 5/13)
GARDNER AMENDMENT
STAUBER AMENDMENT


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


COMMITTEE 1


BY COUNCILORS GARDNER AND KRUG


NEW 13-038-O - AN ORDINANCE AMENDING THE DULUTH CITY CODE, 1959, AS AMENDED, AMENDING CHAPTER 28, ADDING A NEW ARTICLE VIII PROHIBITING CONSUMPTION OF PRODUCTS LABELED NOT FOR HUMAN CONSUMPTION.


NEW 13-039-O - AN ORDINANCE AMENDING THE DULUTH CITY CODE, 1959, AS AMENDED, AMENDING CHAPTER 5 ADDING A NEW ARTICLE VII REGARDING SYNTHETIC DRUG ESTABLISHMENTS.  (REPLACEMENT)


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


13-037-O - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM MIXED USE BUSINESS (MU-B) TO MIXED USE NEIGHBORHOOD (MU-N) FOR PROPERTIES LOCATED AT 4502 EAST SUPERIOR STREET (GREG KLEIN).


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


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


13-031-O - AN ORDINANCE ESTABLISHING A STREET IMPROVEMENT TRUST (SIT) FUND, PROVIDING FOR THE CREATION OF A CITY-WIDE STREET IMPROVEMENT PROGRAM AND CONDITIONALLY AUTHORIZING TRANSFERS OF FUNDS TO THE SIT FUND.


BY PRESIDENT BOYLE                      (COMMITTEE OF THE WHOLE)


13-032-O - AN ORDINANCE AMENDING CHAPTER I, SECTION 1, OF THE CITY CHARTER AMENDING THE LEGAL DESCRIPTION FOR THE CITY OF DULUTH.


13-033-O - AN ORDINANCE AMENDING CHAPTER IV, SECTION 21, OF THE CITY CHARTER RELATING TO POLITICAL ACTIVITIES OF CITY EMPLOYEES.


13-034-O - AN ORDINANCE AMENDING CHAPTER IV, SECTION 23, OF THE CITY CHARTER REMOVING CITY ASSESSOR REFERENCE.


13-035-O - AN ORDINANCE AMENDING CHAPTER XI, SECTION 84, OF THE CITY CHARTER AMENDING THE STATED DOLLAR AMOUNT FOR FAILURE TO COMPLY LIABILITY.


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COUNCILOR QUESTIONS AND COMMENTS

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COUNCILOR PREVIEW OF UPCOMING BUSINESS

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