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February 22, 2010 Agenda

6:15P.M. – AGENDA REVIEW WORK SESSION Main Street Conference Room
6:45 P.M. – PHOTOS
7:00 P.M. CALL TO ORDER Mayor Harris
INVOCATION/PLEDGE: Councilmember Dugan

ANNOUNCEMENTS:
City wins Atlanta Regional Commissions Community Building and Involvement category for its Citizens Budget Committee.

  1. CONSENT AGENDA
    1. APPROVAL OF FEBRUARY 8, 2010 MINUTES
    2. RESOLUTION SETTING TIME AND PLACE OF 2010 COUNCIL MEETINGS
      Approval of this item approves a resolution amending the schedule for the regularly scheduled Council meetings, which are to be held the 2nd Monday of each month at 7:00 p.m. and an informal work session on the 4th Monday of every month at 5:30 p.m., both at Duluth City Hall, 3167 Main Street. This change becomes effective in March, 2010 and will remain in effect for all of 2010.
    3. ORDINANCE TO APPOINT ALCOHOL REVIEW BOARD MEMBERS
      Approval of this item approves an ordinance to reappoint current members of the Alcohol Review Board: George Rhode, Keith Wyatt, and Luke Livingston for two-year terms ending 3/31/12.
    4. ORDINANCE TO APPOINT CONSTRUCTION BOARD OF APPEALS MEMBERS
      Approval of this item approves an ordinance reappointing Frank Miller and Dave Heydinger to the Construction Board of Appeals with terms ending on March 31, 2013, and Brad Hench to fill the unexpired term of Jeff Fagan, term ending 3/31/12.
    5. ORDINANCE TO APPOINT CORE PRESERVATION DISTRICT REVIEW – RESIDENTIAL
      Approval of this item approves an ordinance appointing: Sandra Lamar, term ending 3-31-11; Maxine Garner, term ending 3-31-12, Charles Summerour with terms ending 3/31/13, and Brad Hench to fill the unexpired vacancy Mark Granger, term to expire 3/31/12. One member to be appointed from the Zoning Board of Appeals
    6. ORDINANCE TO APPOINT COMMUNITY BETTERMENT BOARD
      Approval of this item approves an ordinance appointing Karen Benevelli as the city resident representative to the Community Betterment Board with term ending 3-31-11.
    7. ORDINANCE TO APPOINT ETHICS BOARD MEMBERS
      Approval of this item appoints current members of the Ethics Board for two-year terms expiring 3/31/12 as follows: (Jones) appoint David Reavis term expiring 3-31-12 and Mike Ballenger to fill the unexpired term of Terri Adkins, term ending 3-31-11; (Whitlock) re-appointment of Matt Reeves, term ending 3-31-12 ; (Mundrick) appoint Andrew E. Holmes, term ending 3-31-12 (Dugan) re-appoint Lisa Pugh, term ending 3-31-12; (Bomar) appoint Rich Daluga, term ending 3-31-12; (Harris) appoint Johnny Phelps, term ending 3-31-12.
    8. ORDINANCE TO APPOINT FINANCE COMMITTEE MEMBERS
      Approval of this item approves an ordinance to reappoint Finance Committee member Bradley Carroll and appoint new member John Moore, terms to expire March 31, 2012. Approval also appoints Councilmember Greg Whitlock as a member of the governing body.
    9. ORDINANCE TO APPOINT MUNICIPAL COURT JUDGES
      Approval of this item reappoints Kathryn Schrader, Margaret Gettle Washburn, and Lyle Porter as Associate Municipal Court judges, for the City of Duluth for a one year term, said terms to expire on the March 31, 2011.
    10. ORDINANCE TO APPOINT MUNICIPAL COURT SOLICITORS
      Approval of this item re appoints Russell Bryant as Court Solicitor and Sandra Hicks as Associate Court Solicitors for 2009, said terms to expire on the March 31, 2011.
    11. ORDINANCE TO APPOINT PARKS AND RECREATION ADVISORY BOARD
      Approval of this item approves an ordinance to reappoint Linda Strange, Matt Reeves, and Matt Morris (alternate) for two year terms ending 3-31-12, and appoints Nicole Love to replace Jeff Cook term expiring March 31, 2012. It also fills the unexpired term of Councilmember Billy Jones with David Jones, term ending 3/31/11.
    12. ORDINANCE TO APPOINT PLANNING COMMISSION MEMBERS
      Approval of this item approves an ordinance appointing John Bell to fill the unexpired term of Shannon Dodd, term ending 3/31/11, and reappointing Gary Canter, James Johnson, term ending March 31, 2013 and David Marshall term expiring March 31, 2012 as regular voting members of the Planning Commission.
    13. ORDINANCE TO APPOINT ZONING BOARD OF APPEALS MEMBERS
      Approval of this item approves an ordinance appointing Kathy M. Calloway and Marline Santiago-Cook to Zoning Board of Appeals, terms to expire March 31, 2013. It also appoints John Bell to fill the unexpired term of Shannon Dodd until 03/31/11.
  2. PUBLIC HEARINGS
    1. ORDINANCE TO AMEND THE DULUTH ZONING ORDINANCE – ARTICLE 24 – CASE T#0127-10
      CITY OF DULUTH AMENDMENT: OVERLAY MAP MODIFICATION
      This public hearing is to consider modification of Article 24 of the City’s Official Overlay District Boundaries Map by removing four parcels from its boundaries. This adoption of this Ordinance, to amend to Article 24, would remove parcel numbers 6293-075, 6293-077, 6264-077 & 7161-121 from the City’s Official Overlay District Map.

      The Planning Commission recommended approval of the proposed Article 24 amendment by a 5-0 vote during their regularly scheduled meeting on February 15, 2010.

    2. ORDINANCE OF REZONING – R-100 to O/I – CASE Z#0227-09
      MANTON BROTHERS, LLC. PARCELS 6-267-077 & 7-161-121
      This public hearing is to consider a rezoning request from R-100 to O-I General Business.
      The case was presented to the Council on January 25, 2009 and was tabled to allow the Planning Staff to present a modified rezoning request, to the Planning Commission on February 15, 2010. The Planning Commission has recommended approval of the modified request to rezone the property to O-I subject to the following conditions:

      1. All site and architectural lighting shall be directed on-site and shall cause minimal light trespass upon adjoining properties or public rights-of-way.
      2. Site development shall be based upon an approved rezoning site plan that shall be substantially the same as that submitted to the Department of Planning and Development and dated 11/18/2009.
      3. Architectural elements and renovations shall be based upon an approved architectural plan and substantially the same as that submitted to the Department of Planning and Development and date 11/18/2009.
      4. All outdoor storage of materials shall be sufficiently screened and shall not be visible from any public rights-of-way.
        Granting of a conditional use permit to allow for the operation of a contractors office with outdoor storage.
      5. The Planning Commission recommended approval of the request for rezoning and the issuance of a conditional use permit by a 5-0 vote during their regularly scheduled meeting on February 15, 2010.
  3. MATTERS FROM CITIZENS
  4. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
  5. EXECUTIVE SESSION – REAL ESTATE, POTENTIAL/PENDING LITIGATION, PERSONNEL
  6. ADJOURNMENT

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