AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, January 26, 2004, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota

REPLACEMENT 2

ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES - November 24 and December 1, 2003.

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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

* 04-0126-01 Duluth economic development authority submitting petition to vacate that portion of Kinney Street between Blocks 26 and 28; that portion of York Avenue between Blocks 26 and 43 lying southeasterly of a line being parallel with and 50 feet southeasterly of the centerline of the former Duluth, Winnipeg and Pacific Railway; that portion of Traders Court between Blocks 41, 42, 43 and 44, except the southeasterly 47 feet thereof; the entire length of the alley between Blocks 43 and 44; the entire length of Commonwealth Avenue between Blocks 44 and 45; the entire length of the alley between Blocks 45 and 46 (alley behind Block 45 will retain power easement), all in Ironton Second Division. -- Assessor

04-0126-02 St. Louis County Board of Commissioners submitting certified copy of resolution appointing Commissioners Fink and Kron, with Commissioner Fay as alternate, as St. Louis County's representatives to the Northwest Airlines tax increment financing district board (Duluth) for terms expiring December 31, 2004. -- Received

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REPORTS OF OFFICERS

* 04-0126-03 Assessor submitting: (a) For confirmation the assessment rolls levied to defray the assessable portions of sanitary sewer extension in Gilead Street, Contract 5378 (assessable - $18,194.94), sanitary sewer in Petre Street, Contract 5365 (assessable - $24,514.42) and alley construction 57th Avenue West from 57th Avenue West to Cody Street, Contract 5361 (assessable $44,341.25); (b) Letter of sufficiency to reclassify from R3 to C2 Lots 14 through 16, Block 98, Portland Division. -- Received

04-0126-04 Building official submitting appeal of the building appeal boards decision to deny the decision to stay the condemnation for human habitation the building at 321-23 West First Street (Guthrie) -- Committee 2 (Planning and economic development)

* 04-0126-05 Clerk submitting application to the Minnesota gambling control board for exemption from lawful gambling license from Minnesota Senior Federation on May 19, 2004 (raffle). -- Received

04-0126-06 Engineering division monthly project status report of January 1, 2004. -- Received

04-0126-07 Parks and recreation department director submitting Lake Superior zoological society minutes of: (a) November 19, 2003; (b) January 13, 2004, meetings. -- Received

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REPORTS OF BOARDS AND COMMISSIONS

* 04-0126-08 Duluth/North Shore Sanitary District board minutes of December 2, 2003, meeting. -- Received (E-MAILED)

* 04-0126-09 Parking commission minutes of November 18, 2003, meeting. -- Received (E-MAILED)

* 04-0126-10 Parks and recreation commission minutes of December 10, 2003, meeting. -- Received (E-MAILED)

* 04-0126-11 Special assessment board minutes of:  (a) December 1; (b) December 9, 2003, meetings. -- Received (E-MAILED)

* 04-0126-12 Spirit Mountain recreation area authority minutes of: (a) January 22; (b) February 26; (c) March 18; (d) May 29; (e) June 26; (f) July 23; (g) August 27; (h) September 17, 2003, meetings. -- Received (E-MAILED)
__________________________
* Listed only, not copied.

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REPORTS OF COUNCIL COMMITTEES
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REPORTS OF COUNCIL OPEN ISSUES

  • Comprehensive plan (5/28/2002)
  • Planned unit development (5/28/2002)
  • Retiree benefits (6/24/2002)
  • Proposed amendments re: demolition of hazardous buildings (8/26/2002)
  • Soft Center incubator (11/12/2002)
  • Lakewalk extension (11/21/2002)
  • Canal Park parking ramp (11/21/2002)
  • Bayfront master plan (12/16/2002)
  • Natural gas rate setting (6/5/2003)
  • ISD 709 (7/10/2003)
  • Taxicab safety (1/16/2004)

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OPPORTUNITY FOR CITIZENS TO BE HEARD
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RESOLUTIONS TABLED

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

03-0789R - RESOLUTION EXPRESSING SUPPORT OF LAKEWALK TOWNHOMES PROJECT SUBJECT TO CERTAIN CONDITIONS. (TABLED 11/24/2003) (REPLACEMENT 2)

BY COUNCILOR ATKINS (INTRODUCED BY COUNCILOR NESS) (INTERGOVERNMENTAL RELATIONS)

03-0889R - RESOLUTION ESTABLISHING THE CITY'S LEGISLATIVE PRIORITIES FOR THE 2004 SESSION OF THE MINNESOTA STATE LEGISLATURE. (TABLED 12/15/2003)

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

03-0760R - RESOLUTION AUTHORIZING A CONTRACT WITH ALLCO FINANCE CORPORATION FOR EXCLUSIVE RIGHTS TO FINALIZE A LEASE OF CITY-OWNED INFRASTRUCTURE AND EXPRESSING CITY'S INTENT TO DO SO. (RETABLED 12/15/2003)

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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 NESS

(FINANCE)

04-0001R - RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO SECTION 8 OF THE CITY CHARTER.

04-0061R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF GILEAD AND PETRE SANITARY SEWER EXTENSIONS AND ALLEY CONSTRUCTION AT 57TH AVENUE WEST.

04-0062R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF $800,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2004A.

04-0064R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF CITY OF DULUTH $12,000,000 GENERAL OBLIGATION TAX AND AID ANTICIPATION CERTIFICATES OF INDEBTEDNESS OF 2004.

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0002R - RESOLUTION CALLING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO SECTION 35 OF THE CITY CHARTER.

04-0052R - RESOLUTION AUTHORIZING A CONTRACT WITH GAMBLERS INTERVENTION SERVICES FOR THE OPERATION OF AN OUTREACH GAMBLING PROGRAM DURING YEAR 2004 AT A COST TO THE CITY OF $90,000.

04-0054R - RESOLUTION AUTHORIZING A CONTRACT WITH THE MINNESOTA COUNCIL ON COMPULSIVE GAMBLING, INC., FOR THE OPERATION OF A COMPULSIVE GAMBLING PREVENTION AND EDUCATION PROGRAM DURING YEAR 2004 AT A COST TO THE CITY OF $148,096.

04-0060R - RESOLUTION IMPOSING A CIVIL FINE IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF WIZNER COMPANY (NORMAN'S BAR), 113 WEST FIRST STREET.

04-0067R - RESOLUTION AWARDING CONTRACT TO MACQUEEN EQUIPMENT, INC., FOR O.E.M. PARTS AND REPAIRS FOR SNOW BLOWERS AS NEEDED DURING THE YEAR 2004 AT AN ESTIMATED AMOUNT OF $25,000.

04-0069R - RESOLUTION AUTHORIZING A CONTRACT TO OTIS-MAGIE-GUSTAFSON AGENCY FOR PROPERTY INSURANCE FOR 47 CITY OWNED STRUCTURES AND 26 PIECES OF EQUIPMENT, IN THE AMOUNT OF $104,981.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0039R - RESOLUTION ACCEPTING REIMBURSEMENT FROM DEDA FOR BAYWALK CONSTRUCTION EXPENSES RELATING TO BUILDING N IN THE AMOUNT OF $203,800 AND AUTHORIZING A BAYWALK EASEMENT AGREEMENT WITH BUILDING N, INC.

04-0053R - RESOLUTION VACATING A 20-FOOT WIDE UTILITY EASEMENT ON PROPERTY LOCATED AT 4048 AND 4050 MINNESOTA AVENUE (BUSHEY).

04-0056R - RESOLUTION OF INTENT TO DEDUCT $9,975.24 ANNUALLY FOR A PERIOD OF FIVE YEARS FROM THE FUNDING ALLOCATED TO THE HISTORIC UNION DEPOT, INC. (DEPOT), IN ORDER TO PROVIDE FOR REPAYMENT OF A LOAN MADE BY THE CITY TO THE ST. LOUIS COUNTY HERITAGE AND ART CENTER (ART CENTER).

04-0059R - RESOLUTION VACATING A PORTION OF A 16-FOOT WIDE ALLEY ON PROPERTY LOCATED ALONG THE EAST SIDE OF WOODLAND AVENUE BETWEEN ELIZABETH STREET AND NORTON STREET (MORSE).

04-0074R - RESOLUTION AUTHORIZING AN AGREEMENT WITH HISTORIC UNION DEPOT, INC., IN THE AMOUNT OF $127,607.

04-0080R - RESOLUTION APPROVING DEDA RESOLUTION 04D-01 AUTHORIZING ACQUISITION OF CERTAIN PROPERTY FROM THE STATE OF MINNESOTA THROUGH ST. LOUIS COUNTY FOR APPRAISED VALUE OF $9,400 AND ASSESSMENTS IN THE AMOUNT OF $4,774.

04-0081R - RESOLUTION APPROVING DEDA RESOLUTION 04D-02 AUTHORIZING AN AMENDMENT TO AGREEMENT WITH ONEIDA REALTY COMPANY FOR OPERATION OF DEDA-OWNED AND DEDA-CONTROLLED LOTS IN CANAL PARK AND IN THE DOWNTOWN AREA.

04-0082R - RESOLUTION APPROVING DEDA RESOLUTION NO. 04D-03 APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH LHB RIVERSIDE DEVELOPMENT, LLC, RELATING TO THE RIVERSIDE RESIDENTIAL DEVELOPMENT.

04-0083R - RESOLUTION APPROVING DEDA RESOLUTION NO. 04D-04 AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SOFT CENTER DULUTH.

04-0084R -RESOLUTION APPROVING DEDA RESOLUTION 04D-06 AUTHORIZING DEDA'S SLATE OF OFFICERS FOR THE YEAR 2004.

04-0085R - RESOLUTION APPROVING DEDA RESOLUTION NO. 04D-07 GIVING APPROVAL OF A PROJECT BY ST. JAMES HOME OF DULUTH, INC., D/B/A WOODLAND HILLS, AND APPROVING A JOINT POWERS AGREEMENT.

04-0086R - RESOLUTION APPROVING THE ISSUANCE AND SALE OF HEALTH CARE FACILITIES REVENUE BONDS AND EXECUTION OF RELATED DOCUMENTS FOR THE BENEFIT OF THE BENEDICTINE HEALTH SYSTEM-ST. MARY'S DULUTH CLINIC HEALTH SYSTEM OBLIGATED GROUP PURSUANT TO DEDA RESOLUTION NO. 04D-08.

04-0087R - RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT; REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR APPROVAL; AND APPROVING A JOINT POWERS AGREEMENT FOR THE BENEFIT OF THE BENEDICTINE HEALTH SYSTEM-ST. MARY'S DULUTH CLINIC HEALTH SYSTEM OBLIGATED GROUP PURSUANT TO DEDA RESOLUTION NO. 04D-14.

04-0088R - RESOLUTION APPROVING DEDA RESOLUTION 04D-10 AUTHORIZING AN AMENDMENT TO LEASE AGREEMENT WITH TECH VILLAGE, L.L.C.

04-0089R - RESOLUTION APPROVING DEDA RESOLUTION NO. 04D-12 AUTHORIZING AN AMENDED AND RESTATED OPERATING AND REVENUE PARTICIPATION AGREEMENT PERTAINING TO THE GREAT LAKES AQUARIUM.

04-0090R - RESOLUTION APPROVING DEDA RESOLUTION 04D-09 AUTHORIZING AN AGREEMENT WITH NORTHSPAN GROUP, INC., TO FUND THE ARROWHEAD BUSINESS CONNECTION REGIONAL RECRUITMENT AND RETENTION PROGRAM.

04-0091R - RESOLUTION APPROVING AN AGREEMENT WITH SHORT ELLIOT HENDRICKSON, INC., FOR A PROPERTY ELIGIBILITY SURVEY RELATED TO THE USE OF TIF FOR THE SMDC PROJECT PURSUANT TO DEDA RESOLUTION 04D

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0065R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF LAKELAND DELIVERY SERVICE, INC., IN THE AMOUNT OF $17,481.18.

04-0072R - RESOLUTION AWARDING CONTRACT TO VOGEL PAINT AND WAX COMPANY, INC., FOR 6,300 GALLONS OF YELLOW AND WHITE TRAFFIC MARKING PAINT, IN THE AMOUNT OF $29,671.65.

04-0073R - RESOLUTION AMENDING RESOLUTION 03-0706 AWARDING CONTRACT TO PROGRESSIVE CONSULTING ENGINEERS, FOR PROFESSIONAL SERVICES RELATING TO THE DEVELOPMENT OF A WATER RATE MODEL FOR THE STORA ENSO PAPER MILL, TO INCREASE THE AMOUNT BY $2,880 FOR A NEW TOTAL OF $12,650.

COMMITTEE 3

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0070R - RESOLUTION AWARDING CONTRACT TO E/S SUPPORT SERVICES FOR COMPUTER HARDWARE AND SOFTWARE MAINTENANCE AS NEEDED DURING THE YEAR 2004, AT AN ESTIMATED AMOUNT OF $17,000.

04-0075R - RESOLUTION AUTHORIZING EXECUTION OF SEVERANCE AGREEMENT WITH DONALD MACMILLAN, CITY OF DULUTH AND DULUTH POLICE LOCAL.

BY COUNCILOR REINERT (RECREATION, LIBRARIES & AUTHORITIES)

04-0057R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH KRECH-OJARD & ASSOCIATES, P.A., FOR PROVIDING CERTAIN DESIGN SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE ALTERATIONS TO AND RECONSTRUCTION OF THE MAIN LIBRARY EXTERIOR STAIRS IN AN AMOUNT NOT TO EXCEED $8,000.

04-0063R - RESOLUTION AUTHORIZING THE CITY'S FINANCE DIRECTOR TO ACT AS FISCAL AGENT FOR GRANTS FOR THE SUPERIOR HIKING TRAIL ASSOCIATION FOR THE SUPERIOR HIKING TRAIL AND FURTHER SUPPORTING THE CONSTRUCTION AND MAINTENANCE OF THE SUPERIOR HIKING TRAIL IN THE CITY OF DULUTH BY THE SUPERIOR HIKING TRAIL ASSOCIATION FOR A PERIOD OF 20 YEARS.

04-0066R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SUPERIOR HIKING TRAIL ASSOCIATION FOR THE CONSTRUCTION AND OPERATING OF THE SUPERIOR HIKING TRAIL THROUGH DULUTH.

04-0071R - RESOLUTION AWARDING CONTRACT TO CENTRAL NEBRASKA PACKING, INC., FOR ZOO ANIMAL FOODS FOR FELINE, OMNIVORE, BIRD OF PREY AND PRIMATE DIETS AS NEEDED DURING THE YEAR 2004, AT AN ESTIMATED AMOUNT OF $25,000.

END OF CONSENT AGENDA
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The following entitled resolutions are also for consideration at this meeting:

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-0077R - RESOLUTION IN SUPPORT OF EFFORTS OF SAFE HAVEN SHELTER FOR BATTERED WOMEN TO AID VICTIMS OF VIOLENCE. (REPLACEMENT)

04-0093R - RESOLUTION AUTHORIZING AN AMENDED AND RESTATED OPERATING AND REVENUE PARTICIPATION AGREEMENT PERTAINING TO THE GREAT LAKES AQUARIUM.

BY COUNCILORS NESS AND STEWART

04-0092R - RESOLUTION OPPOSING USE OF ALL TERRAIN VEHICLES IN THE CITY OF DULUTH.

COMMITTEE 2

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0076R - RESOLUTION REFERRING IMPORTANT COMMUNITY HOUSING ISSUES TO THE PLANNING COMMISSION AND A TASK FORCE.

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCE TABLED

COMMITTEE 2

BY PRESIDENT STAUBER AND COUNCILOR GILBERT

03-063-O - AN ORDINANCE AMENDING SECTION 29A-32 OF THE DULUTH CITY CODE 1959, AS AMENDED, RELATING TO RENTAL LICENSING. (TABLED 11/24/2003)

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

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-001-O - AN ORDINANCE AMENDING SECTION 8 OF THE DULUTH CITY CHARTER TO AUTHORIZE THE CITY COUNCIL TO DELEGATE TO ADMINISTRATIVE OFFICERS THE POWER TO APPROVE CONTRACTS.

BY COUNCILORS NESS AND STEWART

04-006-O - AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 35-6 AND ADDING A NEW SECTION 45-6.3; REGULATING USE OF RECREATIONAL VEHICLES ON PUBLIC LAND WITHIN THE CITY.

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-002-O - AN ORDINANCE AMENDING SECTION 35 OF THE DULUTH CITY CHARTER TO INCREASE THE NUMBER OF MEMBERS OF THE CIVIL SERVICE BOARD TO FIVE.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-004-O - AN ORDINANCE GRANTING TO DULUTH LAKEWALK OFFICES, LLC, A CONCURRENT USE PERMIT TO CONSTRUCT AND MAINTAIN PARKING SPACES FOR PRIVATE USE IN THE RIGHT-OF-WAY OF 14TH AVENUE EAST.

04-005-O -AN ORDINANCE AUTHORIZING DEVELOPMENT AGREEMENT WITH ROBERT D. FINNIGAN FOR SALE OF LOT IN THE CENTRAL HILLSIDE AND DEVELOPMENT OF A CONDOMINIUM DEVELOPMENT.

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

COMMITTEE 2

(PLANNING & ECONOMIC DEVELOPMENT)

BY COUNCILOR GILBERT (INTRODUCED BY COUNCILOR JOHNSON)

04-003-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 29 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-2, TWO FAMILY RESIDENTIAL, TO R-3, APARTMENT RESIDENTIAL, PROPERTY LOCATED NORTHWEST OF MESABA AVENUE BETWEEN SECOND AVENUE WEST AND WEST CASCADE STREET (FINNIGAN).

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COUNCILOR QUESTIONS AND COMMENTS
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