AGENDA FOR THE
DULUTH CITY COUNCIL MEETING
Monday, April 26, 2004, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota
REPLACEMENT

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

04-0426-01 City of Hermantown submitting Resolution 2004-50, giving notice terminating the Miller Creek joint powers board. -- Received

* 04-0426-02 Andrew Baertsch submitting acceptance of terms, conditions and provisions of concurrent use permit granted by Ordinance No. 9645 on February 2, 2004. -- Received

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REPORTS OF OFFICERS

* 04-0426-03 Assessor submitting letters of sufficiency of petitions to: (a) Construct West Seventh Street from approximately 150 feet east of 21st Avenue West to 20th Avenue West to be included in 2005 street improvement program site - Lincoln Park Central East; (b) Reclassify from M-1 to R-1-B and a portion to R-3 Section 26, Township 49, Range 15, that part of Lot 4 and of NW1/4 of SW1/4 lying north of the Spirit Lake Trans Railway and east of 93rd Avenue West and Arbor Street; (c) Vacate properties within the Phase II final plat for the Billman/Habitat Housing Development project, located in the Duluth Heights Sixth Division. -- Received

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REPORTS OF BOARDS AND COMMISSIONS

* 04-0426-04 Commission on disabilities minutes of April 7, 2004, meeting. -- Received (E-MAILED)

* 04-0426-05 Duluth human rights commission minutes of April 14, 2004, meeting. -- Received (E-MAILED)

* 04-0426-06 Parking commission minutes of March 9, 2004, 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)
  • Fire department task force report due June 1 (4/8/2004)
  • Retiree benefits (4/12/2004)

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OPPORTUNITY FOR CITIZENS TO BE HEARD
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RESOLUTIONS TABLED

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0236R - CITY OF DULUTH JOBZ SUB-ZONE RESOLUTION OF APPROVAL TO AUTHORIZE TAX EXEMPTIONS. (TABLED 4/12)

04-0244R - RESOLUTION AMENDING THE CITIZEN PARTICIPATION PLAN FOR THE HUD-FUNDED COMMUNITY DEVELOPMENT PROGRAM TO MODIFY THE COMMUNITY DEVELOPMENT COMMITTEE'S COMPOSITION AND INCORPORATE THE CONTINUUM OF CARE PROCESS. (REPLACEMENT) (TABLED 4/12)

COMMITTEE 3

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0263R - RESOLUTION RECOMMENDING VARIOUS ACTIONS TO IMPROVE RENTAL HOUSING USE IN THE CITY. (REPLACEMENT) (TABLED 4/12)

04-0265R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO PROVIDE FOR A CITIZEN ADVISORY BODY. (REPLACEMENT) (TABLED 4/12)

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MOTIONS AND RESOLUTIONS

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

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-0288R - RESOLUTION AMENDING STANDING RULE 7 OF STANDING RULES OF THE DULUTH CITY COUNCIL.

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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)

04-0291R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND THE CITY OF DULUTH SUPERVISORY ASSOCIATION FOR YEAR 2003.

04-0292R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND THE CITY OF DULUTH SUPERVISORY ASSOCIATION FOR YEARS 2004-2006.

04-0293R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND THE DULUTH POLICE LOCAL FOR YEAR 2003.

04-0294R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND THE DULUTH POLICE LOCAL FOR YEARS 2004-2006.

04-0295R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND LOCAL 101 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS FOR YEAR 2003.

04-0296R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND LOCAL 101 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS FOR YEARS 2004-2006.

BY COUNCILOR STEWART

(PURCHASING & ADMINISTRATION)

04-0256R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2004, AND ENDING APRIL 30, 2005.

04-0257R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2004, AND ENDING APRIL 30, 2005.

04-0258R - RESOLUTION RECOMMENDING APPROVAL OF BOTTLE CLUB LICENSE RENEWAL OF THE ORDER OF THE OWLS, DULUTH NEST #1200, FOR THE PERIOD BEGINNING APRIL 1, 2004, AND ENDING MARCH 31, 2005.

04-0267R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN CANAL PARK ON JUNE 18-20, 2004, IN CONJUNCTION WITH GRANDMA'S MARATHON AND SUBJECT TO CERTAIN CONDITIONS.

04-0273R - RESOLUTION AWARDING CONTRACT TO ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE (ESRI) FOR G.I.S. SOFTWARE AND LICENSE IN THE AMOUNT OF $10,497.26.

04-0274R - RESOLUTION AWARDING CONTRACT TO ASPEN EQUIPMENT COMPANY, FOR A CROSS COUNTRY TRAIL GROOMER, IN THE AMOUNT OF $159,360.

04-0301R - RESOLUTION APPROVING THE ISSUANCE OF 2:00 AM CLOSING LICENSE RENEWALS FOR 3.2 PERCENT MALT LIQUOR LICENSES FOR THE PERIOD BEGINNING MAY 1, 2004, AND ENDING APRIL 30, 2005.

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0283R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF LIBRARY TECHNICIAN.

04-0284R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF SENIOR LIBRARY TECHNICIAN.

04-0290R - RESOLUTION CONFIRMING THE APPOINTMENT OF THOMAS COTRUVO AS THE EXECUTIVE DIRECTOR OF THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA).

04-0297R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF LYNN NELL BEGAY, MICHELLE M. GORDON, ANTHONY F. LADEAUX AND WARNER B. WIRTA TO THE AMERICAN INDIAN COMMISSION.

04-0298R - RESOLUTION CONFIRMING THE APPOINTMENT OF STEVE O'NEIL TO THE DULUTH HOUSING COMMISSION, REPLACING PAM JOHNSON.

04-0299R - RESOLUTION CONFIRMING THE APPOINTMENTS OF PAT CASTELLANO AND MARCIA OPIEN TO THE ANIMAL HUMANE BOARD, REPLACING CHERIE FRANZEN AND GERALD ABELSEN.

04-0300R - RESOLUTION CONFIRMING THE APPOINTMENTS OF ALBERT M. KATZ AND EILEEN ZEITZ HUDELSON TO THE SISTER CITY COMMISSION, REPLACING LEONORE BAEUMLER AND SHIRLEY GRAHAM.

04-0302R - RESOLUTION CONFIRMING THE APPOINTMENTS OF JONATHAN J. LEE, SUE MATUSZAK AND TOMASZ MAJEWSKI TO THE DULUTH PUBLIC ARTS COMMISSION, REPLACING DAVID S. BOE, AMY FEDDEMA AND DANIEL SEPION.

04-0304R - RESOLUTION CONFIRMING THE APPOINTMENTS OF RACHEL SCOTT, JESSICA L. DURBIN AND BILLY T. WIRTA TO THE COMMISSION ON DISABILITIES, REPLACING D.D. DAVIDSON, HOLLIS M. CALDWELL AND SHERRI LOMBARDI.

04-0305R - RESOLUTION CONFIRMING THE APPOINTMENT OF TERRY JOHNSON TO THE ALCOHOL, GAMBLING AND TOBACCO COMMISSION, REPLACING EDWIN S. LEVEY.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0280R - RESOLUTION VACATING A UTILITY EASEMENT ON PROPERTY LOCATED AT 318 MARSHALL STREET (REMICK/TWOMEY).

04-0281R - RESOLUTION VACATING 131 FEET OF TROMSOE STREET SOUTH OF HUTCHINSON ROAD (BENNETT).

04-0282R - RESOLUTION VACATING PORTIONS OF THE UNIMPROVED RICE AVENUE AND ASH AVENUE RIGHT-OF-WAY, NORTHWEST OF GARFIELD AVENUE (SHERMAN/BN LEASING CORPORATION).

04-0285R - RESOLUTION ACCEPTING THE FREE CONVEYANCE OF PROPERTY FROM THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY RELATING TO THE BOX FACTORY.

04-0286R - RESOLUTION ACCEPTING REIMBURSEMENT BY DEDA TO CITY OF DULUTH FOR DESIGN WORK, CONSTRUCTION, MONITORING AND INSPECTION WORK RELATED TO THE GARY NEW DULUTH INFILL HOUSING AS APPROVED BY DEDA RESOLUTION 04D-44.

04-0287R - RESOLUTION ACCEPTING CONVEYANCE OF EASEMENT FOR ALLEY PURPOSES.

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-0268R - RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE ST. LOUIS AND LAKE COUNTIES REGIONAL RAILROAD AUTHORITY FOR EXCLUSIVE USE OF MUNICIPAL LOT D FOR THE PERIOD JUNE 1, 2004, THROUGH SEPTEMBER 30, 2004, AT NO COST TO AUTHORITY.

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0221R - RESOLUTION IN SUPPORT OF A GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES REMEDIATION FUND GRANT PROGRAM FOR FUNDING FOR THE PURCHASE OF PROPERTY WITHIN GRASSY POINT.

04-0222R - RESOLUTION AUTHORIZING PURCHASE OF CERTAIN TAX FORFEIT PROPERTY FROM THE STATE OF MINNESOTA IN LOWER PIEDMONT HEIGHTS FOR $10,894.65 FOR THE TRINITY ROAD HIGH PRESSURE GAS LINE RELOCATION.

04-0266R - RESOLUTION ACCEPTING TRANSFER OF LIMITED FEE TITLE TO PROPERTY ON THE ST. LOUIS RIVER FROM ST. LOUIS COUNTY.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0252R - RESOLUTION OF INTENT TO CONSTRUCT 160 FEET OF SANITARY SEWER IN 87TH AVENUE WEST BEGINNING 740 FEET NORTH OF KING STREET AND EXTENDING NORTHERLY (CITY JOB NO. 0405SN).

04-0269R - RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY 260 FEET OF SANITARY SEWER IN HIGHLAND STREET ALLEY BEGINNING 180 FEET WEST OF 59TH AVENUE WEST AND EXTENDING WESTERLY (CITY JOB NO. 0375SN) AT AN ESTIMATED COST OF $51,400.

04-0270R - RESOLUTION ORDERING THE CONSTRUCTION OF 160 FEET OF SANITARY SEWER IN 87TH AVENUE WEST BEGINNING 740 FEET NORTH OF KING STREET AND EXTENDING NORTHERLY (CITY JOB NO. 0405SN) AT AN ESTIMATED COST OF $23,000.

04-0272R - RESOLUTION ADDING WEST TENTH STREET FROM PIEDMONT AVENUE TO 27TH AVENUE WEST; JOSHUA AVENUE FROM TH53 TO MAPLE GROVE ROAD; MAPLE GROVE ROAD FROM JOSHUA AVENUE TO BURNING TREE ROAD; BURNING TREE ROAD NORTH OF TH53 FROM MAPLE GROVE ROAD TO TH53 TO DESIGNATED MSA ROUTES IN THE CITY OF DULUTH.

04-0275R - RESOLUTION AWARDING CONTRACT TO HYDRO METERING TECHNOLOGY FOR WATER METER REPAIR PARTS AS NEEDED DURING YEAR 2004 AT AN ESTIMATED AMOUNT OF $37,300.

04-0276R - RESOLUTION AWARDING CONTRACT TO HINCKLEY CHEVROLET FOR TWO CARGO VANS IN THE AMOUNT OF $39,094.22.

04-0277R - RESOLUTION AWARDING CONTRACT TO NORTHLAND MATERIALS, LLC, DBA NORTHLAND BITUMINOUS, FOR YEAR 2004 FINE MIX PAVING PROGRAM IN THE AMOUNT OF $66,877.

04-0278R - RESOLUTION AWARDING CONTRACT TO HARBOR CITY MASONRY, INC., FOR RECONSTRUCTION OF BRIDGE NO. L8506 OVER AMITY CREEK IN THE AMOUNT OF $768,949.

04-0279R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR CONSTRUCTION OF YEAR 2004 STREET IMPROVEMENT OF LAKESIDE LOWER SOUTHWEST 1 IN THE AMOUNT OF $756,270.30.

END OF CONSENT AGENDA

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

COMMITTEE 1

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0303R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF JANE MADDY AND TERESA MUNOZ-SIERRA; AND THE APPOINTMENTS OF TAMARA JONES AND KEELY MARRS, REPLACING GARY GORDON AND ROBERT JANSEN, TO THE DULUTH HUMAN RIGHTS COMMISSION.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0307R - RESOLUTION AUTHORIZING DISPOSITION OF LAWSUIT. (REPLACEMENT)

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

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

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-019-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $2,486,000 GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL WATER UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF.

04-023-O - AN ORDINANCE TO AMEND THE BUDGET OF THE CITY OF DULUTH FOR THE YEAR 2004 TRANSFERRING THE BUSINESS DEVELOPMENT UNIT FROM THE DEPARTMENT OF PLANNING AND DEVELOPMENT INTO THE LEGISLATIVE AND EXECUTIVE DEPARTMENT.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-024-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY IN CENTRAL HILLSIDE TO DONALD M. SAMUELS AND ODIE POWELL FOR $15,000.

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

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-022-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADDING A NEW SECTION 50-37 TO PROVIDE FOR REGULATORY CONTROLS FOR DESIGNATED AREA DEVELOPMENTS.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-020-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADDING A NEW SECTION 50-37 TO PROVIDE FOR THE REGULATORY CONTROLS FOR PLANNED UNIT DEVELOPMENTS.

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-017-O - AN ORDINANCE AMENDING SECTION 29C-5 AND ADDING NEW ARTICLE II TO CHAPTER 29C OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO HUMAN RIGHTS; ESTABLISHING A HUMAN RIGHTS ORDINANCE WHICH IS HUD COMPLIANT, AS AUTHORIZED BY LAWS OF MINNESOTA, 2000, CHAPTER 402.

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-018-O - AN ORDINANCE AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY FOR SALE OF TEN COMMANDMENTS MONUMENT AND PROPERTY ON WHICH IT IS LOCATED.

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COUNCILOR QUESTIONS AND COMMENTS

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