AGENDA FOR THE
DULUTH CITY COUNCIL MEETING
Monday, March 8, 2004, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota

REPLACEMENT 3
ROLL CALL
PLEDGE OF ALLEGIANCE

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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

* 04-0308-01 James Bechthold, et al. (seven signatures), submitting petition to reclassify from residential to C-2, E1/2 of SE1/4 of SE1/4 of SW1/4 fo SW1/4, Parcel No. 010-2710-07730, at 2901 Morris Thomas Road. -- Assessor

* 04-0308-02 Greg Benson submitting petition to vacate the westerly 17 feet of 59th Avenue West adjoining Lot 10, Block 4, West Duluth Sixth Division. -- Assessor

* 04-0308-03 Mark Besemann, et al. (five signatures), submitting petition to extend the sanitary sewer within Highland Street Alley beginning 180 feet west of 59th Avenue West and extending approximately 300 feet westerly. -- Assessor

* 04-0308-04 Michael L. Esler submitting further petition (three signatures) to reclassify from M-1 to C-2 the property located at 4122 Grand Avenue. -- Assessor

04-0308-05 Daniel R. Carlson submitting communication regarding the board of zoning appeals denial of the appeal of the decision of the building inspector which denied the certificate of occupancy for the use of property located at 24 East Willow Street for private commercial purposes (supported by four signatures) (04-0127R and 04-0128R). -- Received

04-0308-06 St. Louis River Citizens Action Committee submitting communication regarding the proposed resolution authorizing land use agreement with Sand Point Yacht Club, Inc., for the seasonal use of an area of the Sand Point easement to provide winter boat storage (04-0143R). -- Received

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REPORTS OF OFFICERS

* 04-0308-07 Assessor submitting: (a) Affidavit of mailing of notice of public meeting to be held on Wednesday, March 10, 2004, at 5:00 p.m., and public hearing by the city council on Monday, March 22, 2004, at 7:30 p.m., in the City Council Chambers, City Hall, regarding the proposed 2005 street improvement program which includes the following: Cody - Southwest 2; Congdon Park - West Lower 4; Duluth Heights - Southeast 3; Lincoln Park - Central East and Woodland - South 2 and Hunters Park. -- Clerk (b) Confirmation of the assessment rolls levied to defray the assessable portions of: (1) 2004 street improvement program - Contract No. 7063, Congdon Park (assessable amount: $242,186.14); Contract No. 7064, Denfeld (assessable amount: $161,272.18); Contract No. 7065, Hunters Park East (assessable amount: $98,442.93); Contract No. 7066, Lakeside - Lower Central (assessable amount: $241,609.76); Contract No. 7067, UMD/Lower Chester 3 (assessable amount: $108,227.70); Contract No. 7068, Woodland - Upper Far West (assessable amount: $271,288.06); Contract No. 7069, 28th Avenue East & 34th Avenue East (assessable amount: $42,804); (2) Demolition of buildings, Contract No. 5390 (assessable amount: $46, 226.25) and sanitary sewer in Waverly Avenue (assessable amount: $40,029.67); (c) Letter of sufficiency to reclassify from Light Manufacturing to Commercial the property at 4122 Grand Avenue. -- Received

* 04-0308-08 Clerk submitting applications to the Minnesota gambling control board for exemption from lawful gambling license from: (a) Order of AHEPA, Duluth Chapter No. 267, on March 28 and November 21, 2004 (bingo); (b) Arrowhead Chapter of Minnesota Waterfowl Association on August 31, 2004 (raffle); (c) Duluth-Superior Area Educational Television Corporation on June 5, 2004 (raffle); (d) Lincoln Park Business Group on June 26, 2004 (raffle); (e) Rocky Mountain Elk Foundation on September 11, 2004 (raffle); (f) St. James Catholic School on June 15, 2004 (raffle). -- Received

* 04-0308-09 Purchasing agent submitting emergency purchase order awarded to Dinehery Fence Company to install a chain link fence . -- Received

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REPORTS OF BOARDS AND COMMISSIONS

* 04-0308-10 Civil service board minutes of January 15, 2004, meeting. -- Received (E-MAILED)

04-0308-11 Duluth airport authority: (a) Balance sheet for November 30, 2003; *(b) Minutes of December 16, 2003, meeting (E-MAILED). -- Received

* 04-0308-12 Duluth transit authority minutes of January 7, 2004, meeting. -- Received (E-MAILED)

* 04-0308-13 Duluth state convention center administrative board minutes of January 26, 2004, meeting. -- Received (E-MAILED)

* 04-0308-14 Environmental advisory council minutes of January 7, 2004, meeting. -- Received (E-MAILED)

* 04-0308-15 Parks and recreation commission minutes of January 14, 2004, meeting. -- Received (E-MAILED)

04-0308-16 Planning commission submitting communication regarding TIF District No. 22. -- Received

* 04-0308-17 Spirit Mountain recreation area authority minutes of October 22, 2002, 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)
  • Proposed amendments re: demolition of hazardous buildings (8/26/2002)
  • Soft Center incubator (11/12/2002)
  • Canal Park parking ramp (11/21/2002)
  • Bayfront master plan (12/16/2002)
  • ISD 709 (7/10/2003)

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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 FOR 3/15 MEETING)

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 FOR 3/15 MEETING)

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0116R - RESOLUTION AUTHORIZING AMENDED AND RESTATED OPERATING AND REVENUE PARTICIPATION AGREEMENT WITH LAKE SUPERIOR CENTER AND LAKE SUPERIOR CENTER AUTHORITY FOR THE LAKE SUPERIOR AQUARIUM, SUBJECT TO TERMS AND CONDITIONS. (TABLED 2/23 FOR 3/15 MEETING)

04-0117R - RESOLUTION OF INTENT TO APPROVE MANAGEMENT AGREEMENT WITH RIPLEY'S ENTERTAINMENT CORPORATION FOR OPERATION OF THE LAKE SUPERIOR AQUARIUM. (TABLED 2/23 FOR 3/15 MEETING)

04-0145R - RESOLUTION VACATING ALL STREETS AND ALLEYS WITHIN THE PROPOSED RIVERSIDE HILLS DEVELOPMENT AND PORTIONS OF TRADERS COURT AND KINNEY STREET; LOCATED NORTHWEST OF GRAND AVENUE PLACE BETWEEN TRADERS COURT AND GOGEBIC STREET (DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND LHB ENGINEERS & ARCHITECTS). (TABLED 2/23)

04-0147R - RESOLUTION AUTHORIZING ACCEPTANCE OF LAND DONATION IN DULUTH HEIGHTS FROM ROBERT F. AND JEANNE B. DECHANTAL. (TABLED 2/23)

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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)

04-0164R - RESOLUTION AUTHORIZING A CONSULTING AGREEMENT WITH FOSTER JACOBS JOHNSON, INC., FOR PROVIDING CERTAIN ENGINEERING SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE PETERSON ARENA DEHUMIDIFICATION SYSTEM IN AN AMOUNT NOT TO EXCEED $7,400.

04-0166R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF MISCELLANEOUS BUILDING DEMOLITIONS, CONSTRUCTION OF SANITARY SEWER IN WAVERLY AVENUE AND VARIOUS STREET IMPROVEMENT PROJECTS FOR 2003.

04-0176R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH MELANDER, MELANDER, AND SCHILLING/ARCHITECTS FOR PROVIDING CERTAIN DESIGN SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE DOWNTOWN STREETSCAPE REVITALIZATION/PHASE II IN AN AMOUNT NOT TO EXCEED $7,800.

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0150R - RESOLUTION CONFIRMING THE APPOINTMENTS OF NANCY NELSON AND CAROL J. (CJ) BIRD TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY, REPLACING JOHN AROTTA AND CHARLES ANDRESEN.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0152R - RESOLUTION TRANSFERRING FUNDS WITHIN THE 2002 AND 2003 HUD COMMUNITY DEVELOMENT BLOCK GRANT (CDBG) PROGRAMS.

04-0170R - RESOLUTION AWARDING CONTRACT TO MAX GRAY CONSTRUCTION, INC., FOR EXPANSION OF GRANT RECREATION CENTER IN THE AMOUNT OF $372,600.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0171R - RESOLUTION AWARDING CONTRACT TO STACK BROTHERS MECHANICAL CONTRACTORS, INC., FOR INSTALLING COOLING TOWER AND CHILLER IN THE AMOUNT OF $676,000.

04-0172R - RESOLUTION AWARDING CONTRACT TO A.B.M. EQUIPMENT AND SUPPLY, INC., FOR UTILITY BODY WITH CANOPY IN THE AMOUNT OF $64,304.70.

04-0173R - RESOLUTION AMENDING RESOLUTION 04-0149 AWARDING CONTRACT TO MORTON SALT DIVISION C/O HALLETT DOCK COMPANY FOR ROAD SALT, TO INCREASE THE AMOUNT BY $102,600 FOR A NEW TOTAL OF $393,591.44.

04-0174R - RESOLUTION AWARDING CONTRACT TO NELS NELSON AND SONS, INC., FOR CONSTRUCTION OF SANITARY SEWER AND WATERMAIN IN ROSYLN AVENUE IN THE AMOUNT OF $109,899.59.

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0167R - RESOLUTION ACCEPTING UP TO $35,716 UNDER THE BUREAU OF JUSTICE ASSISTANCE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM FOR EXPENDITURES RELATED TO LAW ENFORCEMENT EQUIPMENT AND TECHNOLOGY FOR THE PERIOD DECEMBER 30, 2003, TO DECEMBER 29, 2005.

END OF CONSENT AGENDA

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

COMMITTEE 1

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

 

04-0177R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE FOR DULUTH ART INSTITUTE AND ST. JAMES CATHOLIC SCHOOL.

04-0180R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE INTOXICATING LIQUOR LICENSES AND ON SALE SUNDAY LICENSES TO JUST TAKE ACTION, INC. (FITGER'S BREWHOUSE), 600 EAST SUPERIOR STREET, SIR BENEDICTS, INC. (SIR BENEDICT'S TAVERN), 805 EAST SUPERIOR STREET, AND LEGACY RESTAURANT, INC. (DULUTH ATHLETIC CLUB BAR AND GRILL), 351 CANAL PARK DRIVE.

04-0181R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF GRANDMA'S, INC. (GRANDMA'S SALOON & GRILL), 522 LAKE AVENUE SOUTH.

04-0182R - RESOLUTION APPROVING THE ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO MARSHALL SCHOOL, 1215 RICE LAKE ROAD.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0127R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY THE APPEAL OF THE DECISION OF THE BUILDING INSPECTOR WHICH DENIED THE CERTIFICATE OF OCCUPANCY FOR THE USE OF PROPERTY LOCATED AT 24 EAST WILLOW STREET FOR PRIVATE COMMERCIAL PURPOSES (JOHN K. BAKER, PAUL T. LARSON AND JAMES V. ERLEMEIER, BY HANFT FRIDE, PA)

04-0128R - RESOLUTION REVERSING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY THE APPEAL OF THE DECISION OF THE BUILDING INSPECTOR WHICH DENIED THE CERTIFICATE OF OCCUPANCY FOR THE USE OF PROPERTY LOCATED AT 24 EAST WILLOW STREET FOR PRIVATE COMMERCIAL PURPOSES (JOHN K. BAKER, PAUL T. LARSON AND JAMES V. ERLEMEIER, BY HANFT FRIDE, PA)

04-0143R - RESOLUTION AUTHORIZING LAND USE AGREEMENT WITH SAND POINT YACHT CLUB, INC., FOR THE SEASONAL USE OF AN AREA OF THE SAND POINT EASEMENT TO PROVIDE WINTER BOAT STORAGE.

04-0169R - RESOLUTION APPROVING AMENDMENTS TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 17 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 22 IN DEVELOPMENT DISTRICT NO. 17 AS PROPOSED BY THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY.

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-0183R - RESOLUTION AUTHORIZING A HOSTING AGREEMENT WITH ST. LOUIS COUNTY FOR USE OF THE DAMION INFORMATION MANAGEMENT SYSTEM IN THE AMOUNT OF $19,488.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0178R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SWL&P TO ACQUIRE AN EASEMENT FOR CATHODIC PROTECTION FACILITIES FOR CITY GAS PIPELINE CONNECTION FOR $1,266.

BY COUNCILORS REINERT AND NESS

04-0175R - RESOLUTION TO OPPOSE TAX AND EXPENDITURE LIMITATION PROPOSALS (TaBOR AND SIMILAR PROPOSALS).

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCES TABLED

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. (TABLED 2/2 FOR FULL COUNCIL)

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. (TABLED 2/2 FOR FULL COUNCIL)

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

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-010-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 38 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-3, APARTMENT RESIDENTIAL, TO C-2, HIGHWAY COMMERCIAL, PROPERTY LOCATED AT THE NORTHWEST CORNER OF 13TH AVENUE EAST AND EAST FOURTH STREET (CROTTY).

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-011-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF UTILITY EASEMENTS FOR HIGH VOLTAGE ELECTRICAL TRANSMISSION LINES TO MINNESOTA POWER AND LIGHT COMPANY NEAR GARY-NEW DULUTH. (REPLACEMENT)

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-008-O - AN ORDINANCE AMENDING ARTICLE I, SECTION 21-1 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADOPTING THE 2003 MINNESOTA STATE FIRE CODE.

04-009-O - AN ORDINANCE AMENDING ARTICLE I, SECTIONS 10-1 AND 10-2 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADOPTING THE 2003 MINNESOTA STATE BUILDING CODE.

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COUNCILOR QUESTIONS AND COMMENTS
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