AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, March 22, 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 - January 26, February 2 and 19, 2004.
PUBLIC HEARING - 7:30 p.m. - 2005 street improvement program (04-0192R).
PUBLIC HEARING - 7:30 p.m. - Proposed DEDA reorganization.

- - -

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]

- - -

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS

* 04-0322-01 Frank J. Bennett submitting petition to vacate that portion of undeveloped Tromsoe Street which runs adjacent to Lots 22, 23, 24, 25 and 26 of Block 3, Home Builders Park, with a line running along Hutchinson Road west from northwest corner of Lot 22 to northeast corner of Lot 6, Block 2, Mont Du Vue First Addition. -- Assessor

* 04-0322-02 Joseph H. Kleiman, et al. submitting petitions to: (a) Construct a permanent street in 14th Street from Central Avenue to Third Avenue East (four signatures); (b) Vacate 48th Avenue West, 132 feet of depth and 80 feet wide located between Lots 1 and 2, Block 18, Oneota Duluth and Lots 6, 7 and 8, Block 17, Oneota Duluth (six signatures). - Assessor

* 04-0322-03 Patrick A. Twomey, et al. (four signatures), submitting petition to vacate a ten foot utility easement on the west side of Lot 1, Block 2 Hartley Hills Third Addition. -- Assessor

* 04-0322-04 Minnesota state auditor submitting Duluth/North Shore Sanitary District audit report for the years ended December 31, 2002, and 2001. -- Received (PREVIOUSLY DISTRIBUTED) (COUNCILORS ONLY)

- - -

REPORTS OF OFFICERS

* 04-0322-05 Assessor submitting: (a) For confirmation the assessment roll levied to defray the assessable portion of full development for Maryland Street from Dodge to Victoria, Contract 5354 (assessable - $40,544.56); (b) Letters of sufficiency of petitions to: (1) Construct a permanent street in 14th Street from Central Entrance to Third Avenue East; (2) Extend sanitary sewer within Highland Street Alley beginning 180 feet west of 59th Avenue West and extending approximately 300 feet westerly; (3) Reclassify from residential to commercial C-5 EŻ of SE1/4 of SE1/4 of SW1/4 of SW1/4, Section 30, Township 50, Range 14; (c) Letters of insufficiency of petitions to vacate: (1) The westerly 17 feet of 59th Avenue West adjoining Lot 10, Block 4, West Duluth Sixth Division; (2) That portion of undeveloped Tromsoe Street which runs adjacent to Lots 22-26, Block 3, Home Builders Park. -- Received

* 04-0322-06 Clerk submitting applications to the Minnesota gambling control board for exemptions from lawful gambling licenses from:  (a) Chapter 272, Experimental Aircraft Association on August 21, 2004 (raffles); (b) Holy Family Catholic Church on September 11, 2004 (raffle); (c) Lake Superior Marine Museum Association on November 6, 2004 (raffle); (d) National Catholic Society of Foresters on March 21, 2004 (bingo). -- Received

- - -

REPORTS OF BOARDS AND COMMISSIONS

* 04-0322-07 Planning commission minutes of February 25, 2004, meeting. -- Received (E-MAILED)
__________________________
* Listed only, not copied.

- - -
REPORTS OF COUNCIL COMMITTEES
- - -
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)

- - -
OPPORTUNITY FOR CITIZENS TO BE HEARD
- - -
RESOLUTIONS TABLED

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). (TABLED 3/8)

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). (TABLED 3/8)

- - -

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)

04-0190R - RESOLUTION AUTHORIZING THE CITY TO BE A SPONSOR OF THE 2004 NORTH SHORE INLINE MARATHON AT A COST TO THE CITY OF $15,000.

04-0191R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF FULL DEVELOPMENT OF MARYLAND STREET FROM DODGE TO VICTORIA.

04-0211R - RESOLUTION ESTABLISHING ASSESSMENT INTEREST RATES FOR 2004.

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0194R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO SECOND HARVEST NORTHERN LAKES FOOD BANK.

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0184R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF EDWIN HALLER, SUSAN STENERSON AND JAMES F. YEAGER TO THE SISTER CITY COMMISSION.

COMMITTEE 2

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-0206R - RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH MULTIPLE PARTIES TO ESTABLISH AN INTERAGENCY STORMWATER POLLUTION PREVENTION INITIATIVE.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0185R - RESOLUTION OF INTENT TO CONSTRUCT 300 FEET OF SANITARY SEWER IN HIGHLAND STREET ALLEY BEGINNING 180 FEET WEST OF THE INTERSECTION OF 59TH AVENUE WEST AND EXTENDING WESTERLY (CITY JOB NO. 0375SN).

04-0192R - RESOLUTION ORDERING THE IMPROVEMENT KNOWN AS THE 2005 STREET IMPROVEMENT PROGRAM PURSUANT TO SECTION 61(b) OF THE HOME RULE CHARTER OF THE CITY OF DULUTH AT AN ESTIMATED COST OF $4,608,620.

04-0195R - RESOLUTION AUTHORIZING PAYMENT OF $20,761.44 TO AUTO-OWNERS INSURANCE, AS SUBROGEE OF WENDY AND EUGENE LEWIS, IN FULL SETTLEMENT OF ALL CLAIMS ARISING FROM AN ACCIDENT ON SEPTEMBER 5, 2003.

04-0203R - RESOLUTION AWARDING CONTRACT TO LEVINE AND SON, INC., FOR CONSTRUCTION OF SANITARY SEWER IN DECKER ROAD AND ANDERSON ROAD AND CONSTRUCTION OF WATERMAIN IN ANDERSON ROAD IN THE AMOUNT OF $531,690.50.

04-0204R - RESOLUTION AMENDING RESOLUTION 03-0650 AWARDING CONTRACT TO LETOURNEAU & SONS, INC., FOR WASTEWATER COLLECTION SYSTEM AND STREET IMPROVEMENTS IN MORGAN PARK-PHASE I, TO INCREASE THE AMOUNT BY $395,445.05 FOR A NEW TOTAL OF $1,482,699.10.

04-0205R - RESOLUTION AWARDING CONTRACT TO NORTHWEST OUTLET FOR UTILITY AND MAINTENANCE OPERATION UNIFORMS AS NEEDED DURING THE YEAR 2004 AT AN ESTIMATED AMOUNT OF $33,600.

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0193R - RESOLUTION TO ESTABLISH ONE-STALL HANDICAPPED PARKING ZONES AT VARIOUS LOCATIONS.

04-0212R - RESOLUTION AUTHORIZING AN AGREEMENT WITH DODADAY PURSUANT TO WHICH DODADAY AGREES TO DONATE TO DULUTH A LICENSE FOR THE FRAUD TRACKS SOFTWARE PROGRAM.

END OF CONSENT AGENDA

- - -

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

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0197R - RESOLUTION APPROVING DEDA RESOLUTION 04D-33 AUTHORIZING CONVEYANCE OF CERTAIN TAX-FORFEITED PROPERTIES TO NORTHERN COMMUNITIES LAND TRUST.

04-0198R - RESOLUTION APPROVING DEDA RESOLUTION 04D-31 AUTHORIZING A LICENSE AGREEMENT WITH GRANDMA'S MARATHON, INC.

04-0199R - RESOLUTION APPROVING DEDA RESOLUTION 04D-32 AUTHORIZING ACQUISITION OF CERTAIN PROPERTY FROM THE STATE OF MINNESOTA THROUGH ST. LOUIS COUNTY.

04-0200R - RESOLUTION APPROVING DEDA RESOLUTION 04D-29 AUTHORIZING AN AGREEMENT WITH ONEIDA REALTY FOR PARKING LOT MANAGEMENT SERVICES.

04-0201R - RESOLUTION APPROVING DEDA RESOLUTION 04D-30 AUTHORIZING AN AGREEMENT WITH THE GREATER DOWNTOWN COUNCIL FOR PROGRAM AND ADMINISTRATIVE SERVICES IN THE DOWNTOWN AND WATERFRONT DISTRICTS.

04-0208R - RESOLUTION APPROVING DEDA RESOLUTION 04D-36 REMOVING CERTAIN PROPERTIES FROM TIF DISTRICT NOS. 2 AND 4.

04-0209R - RESOLUTION APPROVING DEDA RESOLUTION 04D-37 APPROVING TERMINATION AGREEMENT WITH SATURN SYSTEMS, INC.

04-0210R - RESOLUTION APPROVING DEDA RESOLUTION 04D-38 APPROVING AN AGREEMENT WITH NORTHSPAN GROUP, INC., FOR PROFESSIONAL SERVICES RELATED TO THE EDA APPLICATION FOR THE FIRST STREET MEDICAL DISTRICT PROJECT.

04-0214R - RESOLUTION APPROVING DEDA RESOLUTION 04D-39 AUTHORIZING AN AMENDMENT WITH GARFIELD BUSINESS PARK, LLC.

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0202R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA), TO INCREASE THE NUMBER OF COMMISSIONERS TO NINE, TO REQUIRE THAT ALL OF THE COMMISSIONERS ON DEDA BE CITY COUNCILORS, TO STRIKE THE REQUIREMENT THAT CERTAIN DEDA ACTIONS MUST BE APPROVED BY THE CITY COUNCIL AND TO STRIKE THE REQUIREMENT THAT EXPENDITURES BY DEDA IN EXCESS OF $25,000 MUST BE APPROVED BY THE CITY COUNCIL. (REPLACEMENT)

04-0215R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO PROVIDE FOR THE APPOINTMENT OF DEDA'S EXECUTIVE DIRECTOR BY THE MAYOR SUBJECT TO CITY COUNCIL APPROVAL.

COMMITTEE 3

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0213R - RESOLUTION IN SUPPORT OF REAUTHORIZATION OF FEDERAL TRANSPORTATION POLICY.

- - -

INTRODUCTION AND CONSIDERATION OF ORDINANCES

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

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-012-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 28, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, SINGLE FAMILY RESIDENTIAL, TO C-4, BUSINESS CENTER COMMERCIAL DISTRICT, PROPERTY LOCATED AT 24 WILLOW STREET (ERLEMEIER/BAKER/LARSON).

04-013-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 17, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM M-1, MANUFACTURING, TO C-2, HIGHWAY COMMERCIAL DISTRICT, PROPERTIES LOCATED ALONG THE LOWER SIDE OF GRAND AVENUE BETWEEN 41ST AND 42ND AVENUES WEST (ESLER, ET AL.). (REPLACEMENT)

04-015-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF LINCOLN PARK TOOLHOUSE TO DEDA FOR $233,000.

COMMITTEE 3

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-014-O - AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 43-33.3 CONCERNING PROPERTIES NOT HAVING A CERTIFICATE OF NONCONTRIBUTION.

- - -
COUNCILOR QUESTIONS AND COMMENTS
- - -