AGENDA FOR THE
DULUTH CITY COUNCIL MEETING
Monday, May 10, 2004, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota

REPLACEMENT

ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES - March 22, 2004.
PUBLIC HEARING - 7:30 p.m. - Business subsidy criteria amendment (JOBZ) (04-0339R).

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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

* 04-0510-01 Dan and Theodore J. Stocke submitting petition to extend the sanitary sewer within Trinity Road beginning near 2528 Trinity Road and extending easterly approximately 2,200 feet. -- Assessor

* 04-0510-02 Minnesota state auditor submitting Duluth transit authority audit report for the years ended December 31, 2003 and 2002. -- Received (PREVIOUSLY DISTRIBUTED) (COUNCILORS ONLY)

* 04-0510-03 Louise Curnow submitting communication regarding criteria for proposed JOBZ business subsidy amendment (04-0236R and 04-0339R). -- Received (E-MAILED)

* 04-0510-04 St. Mary's/Duluth Clinic, by Timothy J. Eschweiler, attorney, submitting acceptance of terms, conditions and provisions of concurrent use permit granted by Ordinance No. 9639 on December 1, 2003. -- Received

* 04-0510-05 The following submitting communications regarding the Ten Commandments monument (04-0319R):  (a) Mark Berg Bovey; (b) Rosemarie and Dennis Mitchell; (c) Roni Seger Town; (d) Chuck West. -- Received (E-MAILED)

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REPORTS OF OFFICERS

* 04-0510-06 Assessor submitting: (a) Affidavit of mailing of notice of public hearing by the special assessment board on Tuesday, May 11, 2004, at 3:30 p.m. in Room 106A, City Hall, regarding the reassessment of costs for demolition of buildings (Contract Nos. 5393, 5294 and 5306). -- Clerk (b) Letters of sufficiency of petitions to: (1) Extend the sanitary sewer within Trinity Road beginning near 2528 Trinity Road and extending easterly approximately 2,200 feet; (2) Vacate the westerly 17 feet of 59th Avenue West adjoining Lot 10, Block 4, West Duluth Sixth Division. -- Received

04-0510-07 Engineering division submitting monthly status report of April 1, 2004. -- Received

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REPORTS OF BOARDS AND COMMISSIONS

* 04-0510-08 Duluth airport authority:  (a) Minutes of March 16, 2004, meeting; (b) Unaudited operating income report of February 29, 2004. -- Received (E-MAILED)

* 04-0510-09 Duluth transit authority:  (a) Income statement of February 2004; (b) Minutes of February 25, 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 FOR 5/3 COMMITTEE MEETING)

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 FOR 6/7 COMMITTEE MEETING)

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

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)

04-0312R - RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO GRANDMA'S MARATHON DULUTH, INC., MORSE STREET AND CANAL PARK DRIVE. (REPLACEMENT)

04-0318R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH DARRYL BOOKER, A.I.A., FOR PROVIDING CERTAIN DESIGN SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE REPLACEMENT OF FIRE STATION #5 (PARK POINT) IN AN AMOUNT NOT TO EXCEED $6,000.

04-0324R - RESOLUTION AWARDING CONTRACT TO NEW WORLD SYSTEMS FOR GOVERNMENTAL E-MANAGEMENT SOFTWARE SYSTEM IN THE AMOUNT OF $580,000.

04-0329R - RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH MOSS AND BARNETT RELATED TO THE CABLE FRANCHISE RENEWAL PROCESS.

04-0333R - RESOLUTION AUTHORIZING A CONTRACT TO A. W. KUETTEL & SONS FOR ROOF RESTORATION AT FIRE HALL #1 IN THE AMOUNT OF $91,715.

04-0338R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND DANCING LICENSE FROM HOLIDAY INN OF TUCUMCARI (CANAL PARK INN), 250 CANAL PARK DRIVE, TO NORTH SHORE BREW PUB, LLC (CANAL PARK INN), SAME ADDRESS. (REPLACEMENT)

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0306R - RESOLUTION CONFIRMING THE APPOINTMENTS OF FRANK NASH, WENDY GRETHEN, BARBARA STARK AND JOANNE M. CARROLL TO THE PARKS AND RECREATION COMMISSION, REPLACING NICOLE ELD, HARVEY WINTHROP, B. KEVIN DAW AND GREGORY MEAGHER.

04-0309R - RESOLUTION CONFIRMING THE APPOINTMENTS OF JULIE MCDONNELL AND ROSIE LOEFFLER-KEMP TO THE ENVIRONMENTAL ADVISORY COUNCIL, REPLACING GLENN L. EVAVOLD AND BRIAN L. FREDRICKSON.

04-0310R - RESOLUTION CONFIRMING THE APPOINTMENTS OF MIKE AKERVIK, HENRY L. BANKS AND ALLAN BEAULIER TO THE PLANNING COMMISSION, REPLACING RONALD D. DEGRIO, JEFFREY JACKSON AND KARL C. WASSON.

04-0311R - RESOLUTION CONFIRMING THE APPOINTMENTS OF WENDY A. SJOBLOM, GEORGE C. KIRK AND CHRISTINE A. PENNEY TO THE TREE COMMISSION, REPLACING MARGARET SCHEIBE, TIMOTHY GROVER AND BARBARA KOTH.

04-0313R - RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF NETWORK ADMINISTRATOR AND SPECIFYING CONTRACT BENEFITS FOR SAME.

04-0317R - RESOLUTION CONFIRMING THE APPOINTMENT OF JOHN SIMPSON TO THE PARKING COMMISSION, REPLACING NEILL ATKINS.

04-0321R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF SENIOR RAMP WORKER.

COMMITTEE 2

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-0331R - RESOLUTION AUTHORIZING AFFILIATION AGREEMENT WITH UWS PERTAINING TO ITS LEGAL STUDIES INTERNSHIP PROGRAM.

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0330R - RESOLUTION APPROVING THE APPOINTMENT OF ROBERT BRUCE AS THE DEPARTMENT HEAD OF PLANNING FOR THE CITY OF DULUTH.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0314R - RESOLUTION ACCEPTING A GRANT FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR THE REHABILITATION OF BRIDGE NO. 69654 (OLD BRIDGE NO. L8504) OVER AMITY CREEK ON SEVEN BRIDGES ROAD IN THE AMOUNT OF $515,747.51.

04-0315R - RESOLUTION OF INTENT TO REPLACE BRIDGE NO. L8479 LOCATED ON ANDERSON ROAD ON MILLER CREEK IN THE CITY OF DULUTH.

04-0325R - RESOLUTION AMENDING RESOLUTION 02-0302 AWARDING CONTRACT TO L.H.B. ENGINEERS AND ARCHITECTS FOR ENGINEERING SERVICES FOR BRIDGE NO. L6123 OVER CHESTER CREEK, TO INCREASE THE AMOUNT BY $11,970 FOR A NEW TOTAL OF $19,741.

04-0326R - RESOLUTION AMENDING RESOLUTION 02-0302 AWARDING CONTRACT TO L.H.B. ENGINEERS AND ARCHITECTS FOR ENGINEERING SERVICES FOR BRIDGE NO. L6122 OVER CHESTER CREEK, TO INCREASE THE AMOUNT BY $42,711 FOR A NEW TOTAL OF $73,922.

04-0327R - RESOLUTION AWARDING CONTRACT TO GROEBNER AND ASSOCIATES, INC., FOR PIPE FITTINGS IN THE AMOUNT OF $30,093.39.

04-0328R - RESOLUTION AWARDING CONTRACT TO NELS NELSON AND SONS, INC., FOR CONSTRUCTION OF YEAR 2004 STREET IMPROVEMENT OF DULUTH HEIGHTS SOUTHEAST 2 IN THE AMOUNT OF $936,954.74.

04-0332R - RESOLUTION OF INTENT TO CONSTRUCT 2,200 FEET OF SANITARY SEWER IN TRINITY ROAD BEGINNING 280 FEET EAST OF KEYSTONE BLUFFS ASSISTED LIVING RESIDENCE AND EXTENDING NORTHWESTERLY (CITY JOB NO. 0419SN).

04-0334R - RESOLUTION AWARDING CONTRACT TO PREMIER COMPANIES FOR PAINTING OF 2,620 GAS METER PIPING THROUGHOUT THE CITY OF DULUTH IN THE AMOUNT OF $36,175.29.

04-0335R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AMERICAN ENGINEERING TESTING, INC. ($15,000), TWIN PORTS TESTING, INC. ($15,000), G.M.E. CONSULTANTS, INC. ($10,000) AND SERVICE ENGINEERING GROUP ($10,000), TO PROVIDE PROFESSIONAL FIELD AND LABORATORY TESTING SERVICES, TOTAL ESTIMATED AT $50,000.

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0261R - RESOLUTION AUTHORIZING THE EXECUTION OF GRANT AGREEMENTS WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO REIMBURSE POLICE COSTS NOT TO EXCEED $3,500 INCURRED IN OPERATION NIGHT CAP SATURATION PATROLS FOR ALCOHOL IMPAIRED DRIVERS.

04-0271R - RESOLUTION TO ESTABLISH A ONE-STALL HANDICAPPED PARKING ZONE IN FRONT OF 414 EAST SIXTH STREET.

04-0316R - RESOLUTION AUTHORIZING A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY RELATING TO SEAT BELT ENFORCEMENT IN AN AMOUNT NOT TO EXCEED $3,000.

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0320R - RESOLUTION AUTHORIZING ACCEPTANCE OF $7,800 FROM THE MORGAN PARK - SMITHVILLE COMMUNITY CLUB PURSUANT TO A NORTHLAND FOUNDATION GRANT TO ASSIST IN PROVIDING AFTER SCHOOL RECREATIONAL PROGRAM AND SAFE HAVEN FOR CHILDREN ATTENDING STOWE ELEMENTARY AND/OR LIVING IN THE GARY-NEW DULUTH AREA.

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)

04-0323R - RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR MAY 1, 2004, TO APRIL 30, 2005, IN THE AMOUNT OF $3,829,562 AND THE CAPITAL REPAIR AND REPLACEMENT BUDGET FOR THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY.

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0308R - RESOLUTION CONFIRMING THE APPOINTMENT OF TARI RAYALA TO THE DULUTH TRANSIT AUTHORITY, REPLACING BRADLEY BECKMAN.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0339R - RESOLUTION OF THE CITY OF DULUTH TO AMEND ITS BUSINESS SUBSIDY RESOLUTION, RESOLUTION NO. 00-0333(a) ADOPTED MAY 22, 2000, AS AMENDED, TO ADD CRITERIA AND BUSINESS SUBSIDY REQUIREMENTS RELATED TO JOB OPPORTUNITY BUILDING ZONES.

04-0340R - RESOLUTION AUTHORIZING VENDING AGREEMENT BETWEEN THE CITY AND CRABBY BILL'S FOR A FIVE YEAR TERM.

BY COUNCILORS GILBERT AND STEWART

04-0319R - RESOLUTION AUTHORIZING CONSENT DECREE IN SETTLEMENT OF LAWSUIT - MCLU V. CITY OF DULUTH.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0342R - RESOLUTION APPROVING THE SUBMISSION OF A PLAN OF ACTION FOR THE ELIMINATION OF SANITARY SEWER OVERFLOWS TO THE ENVIRONMENTAL PROTECTION AGENCY.

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

ORDINANCES TABLED

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. (TABLED 4/26 FOR 6/7 COMMITTEE MEETING)

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. (TABLED 4/26 FOR 6/7 COMMITTEE MEETING)

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

COMMITTEE 1

BY COUNCILOR NESS

(FINANCE)

04-028-O - AN ORDINANCE PERTAINING TO RENTAL OF MOTOR BICYCLES OR MOTOR SCOOTERS; AMENDING DULUTH CITY CODE SECTION 47-43 AND ADDING SECTION 47-47.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-026-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 36 AND 37 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM S, SUBURBAN, TO R-1-A, SINGLE FAMILY RESIDENTIAL, PROPERTY LOCATED AT THE WEST END OF MIDDLE ROAD (J. HOVLAND).

04-027-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY IN WEST DULUTH TO PETER OPACK AND TRICIA REESE FOR $25,800.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-021-O - AN ORDINANCE RELATING TO BUILDING SAFETY, AMENDING CHAPTER 10 OF THE DULUTH CITY CODE BY ADDING AN ARTICLE X, CONVENIENCE STORES SECURITY SYSTEMS.

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

04-025-O - AN ORDINANCE AUTHORIZING THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH TO EXERCISE POWERS UNDER MINNESOTA STATUTES, CHAPTER 462C, ON BEHALF OF THE CITY OF DULUTH.

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COUNCILOR QUESTIONS AND COMMENTS

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