AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, February 2, 2004, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota

REPLACEMENT 2

ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC HEARING - 7:30 p.m. - Proposed recreational vehicle use regulations (04-006-O)

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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

* 04-0202-01 John K. Baker, et al. (17 signatures), by Hanft Fride Professional Association, submitting petition to rezone from R-1-b to C-4 the easterly 125 feet of Lots 8, Block 3, Central Acres. -- Assessor

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REPORTS OF OFFICERS

04-0202-05 Building official submitting appeal of the board of zoning appeals' decision to deny an application to construct a two-family dwelling in a single family district on property located at 1007 West Eighth Street (Tim Collelo, by William Burns, attorney). -- Committee 2 (Planning and economic development)

* 04-0202-04 Clerk submitting application to the Minnesota gambling control board for exemption from lawful gambling license from Minnesota Conservation Federation, on August 21, 2004 (raffle). -- Received

04-0202-02 Parks and recreation department director submitting Lake Superior zoological society minutes of: (a) January, 2004, board report; (b) January 21, 2004, executive report. -- Received

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REPORTS OF BOARDS AND COMMISSIONS

* 04-0202-03 Planning commission minutes of November 12, 2003, meeting. -- 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)
  • Skywalk hours (1/26/2004)

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OPPORTUNITY FOR CITIZENS TO BE HEARD
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RESOLUTIONS TABLED

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-0093R - RESOLUTION AUTHORIZING AN AMENDED AND RESTATED OPERATING AND REVENUE PARTICIPATION AGREEMENT PERTAINING TO THE GREAT LAKES AQUARIUM. (TABLED 1/26)

BY COUNCILORS NESS AND STEWART

04-0092R - RESOLUTION OPPOSING USE OF ALL TERRAIN VEHICLES IN THE CITY OF DULUTH. (TABLED 1/26)

BY COUNCILORS NESS AND GILBERT

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. (TABLED 1/26)

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 PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0076R - RESOLUTION REFERRING IMPORTANT COMMUNITY HOUSING ISSUES TO THE PLANNING COMMISSION AND A TASK FORCE. (TABLED 1/26)

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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 STEWART

(PURCHASING & LICENSING)

04-0031R - RESOLUTION AWARDING CONTRACT TO CONSTRUCTION SUPPLY PRODUCTS FOR CLASS 5 GRAVEL, CRUSHED ROCK AND WASHED SAND AS NEEDED DURING YEAR 2004 AT AN ESTIMATED AMOUNT OF $122,475.

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0097R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF PROGRAMMER ANALYST.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0094R - RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT NO. 19302 WITH DULUTH/NORTH SHORE SANITARY DISTRICT EXTENDING THE TERM OF THE AGREEMENT.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0095R - RESOLUTION AMENDING RESOLUTION 03-0616 AWARDING CONTRACT TO FERRELLGAS COMPANY FOR LIQUID PROPANE AND DISTRIBUTION, TO INCREASE THE AMOUNT BY $40,000 FOR A NEW TOTAL OF $80,122.

04-0096R - RESOLUTION AWARDING CONTRACT TO TECH SALES COMPANY FOR SIX FLOW MONITORS IN THE AMOUNT OF $34,911.60.

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0058R - RESOLUTION TO ESTABLISH ONE STALL HANDICAPPED PARKING ZONES AT VARIOUS LOCATIONS.

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)

04-0099R - RESOLUTION ESTABLISHING THE CITY'S LEGISLATIVE PRIORITIES FOR THE 2004 SESSION OF THE MINNESOTA STATE LEGISLATURE; COMPLEMENTING RESOLUTION 03-0889.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0102R - RESOLUTION VACATING THE WEST ONE-HALF OF WEST CASCADE STREET NORTHWEST OF MESABA AVENUE (FINNIGAN).

COMMITTEE 3

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0078R - RESOLUTION AFFIRMING THE DECISION OF THE BUILDING APPEAL BOARD UPHOLDING AN ORDER CONDEMNING FOR HABITATION DWELLING UNITS LOCATED AT 321-23 WEST FIRST STREET, DULUTH, MINNESOTA (PAUL AND MARNE GUTHRIE).

04-0079R - RESOLUTION REVERSING THE DECISION OF THE BUILDING APPEAL BOARD TO DENY THE APPEAL OF AN ORDER OF CONDEMNATION FOR HABITATION FOR PROPERTY LOCATED AT 321-23 WEST FIRST STREET (PAUL AND MARNE GUTHRIE).

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCE TABLED

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). (TABLED 1/26)

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 ordinance is to be read for the first time:

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-007-O - AN ORDINANCE AUTHORIZING THE RECONVEYANCE OF CERTAIN PROPERTIES TO THE STATE OF MINNESOTA.

The following entitled ordinances are to be read for the second 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. (REPLACEMENT)

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.

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COUNCILOR QUESTIONS AND COMMENTS
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