AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, May 24, 2004, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota
REPLACEMENT

ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC HEARING - 7:30 p.m. - Lake Avenue MSA project (04-0372R).

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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

04-0524-01 Minnesota state auditor submitting Duluth state convention center administrative board (DECC board) audit report for the years ended December 31, 2003, and 2002. -- Received (PREVIOUSLY DISTRIBUTED) (COUNCILORS ONLY)

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REPORTS OF OFFICERS

* 04-0524-02 Assessor submitting: (a) For confirmation the assessment roll levied to defray the assessable portion of full development for Northridge Estates, Contract 5362 (assessable - $1,062,828.39). -- Received (b) Affidavits of mailing of notices of public hearings by the: (1) City council on Monday, May 24, 2004, at 7:30 p.m. in the City Council Chambers, City Hall regarding the proposed street improvement in Lake Avenue from Second Alley to Seventh Street; (2) Special assessment board on Thursday, May 27, 2004, at 3:30 p.m. in Room 106A, First Floor, City Hall, regarding the Trinity Road sanitary sewer extension from 280 feet east of Keystone Bluff to 220 feet northwesterly. -- Clerk

04-0524-03 Clerk submitting letter of insufficiency of petition to keep the Ten Commandments Monument at the present location by deeding it to St. Louis County. -- Received

04-0524-05 Engineering division submitting monthly status report of May 1, 2004. -- Received

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REPORTS OF BOARDS AND COMMISSIONS

* 04-0524-04 Commission on disabilities minutes of May 6, 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)

04-0339R - 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. (TABLED 5/10) (AMENDMENT)

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 NESS

(FINANCE)

04-0363R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF FULL DEVELOPMENT OF NORTHRIDGE ESTATES.

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0351R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH LHB ENGINEERS & ARCHITECTS FOR PROVIDING CERTAIN ENGINEERING SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE CITY HALL HEATING AND COOLING STUDY IN AN AMOUNT NOT TO EXCEED $13,244.

04-0358R - RESOLUTION APPROVING THE 2:00 A.M. CLOSING LICENSE FOR GRANDMA'S ANGIE'S, INC., (LITTLE ANGIE'S CANTINA), 11 EAST BUCHANAN STREET.

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0345R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF GORDON FON AND ROBERT HEWITT TO THE HERITAGE PRESERVATION COMMISSION.

04-0346R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF DEAN CASPERSON AND THE APPOINTMENTS OF MARY E. LYNCH AND ANDREW SLADE TO THE LIBRARY BOARD, REPLACING CAROL KELLEY AND HARRIET J. HALLI.

04-0347R - RESOLUTION CONFIRMING THE APPOINTMENT OF HENRY L. BANKS TO THE PLANNING COMMISSION, REPLACING JEFFREY JACKSON.

04-0348R - RESOLUTION CONFIRMING THE APPOINTMENT OF TIMOTHY L. MEYER TO THE TECHNICAL DESIGN ADVISORY COMMITTEE FOR THE DWMX-D, REPLACING JAN SIVERTSON.

04-0353R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF CARL CRAWFORD TO THE DULUTH HUMAN RIGHTS COMMISSION.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0322R - RESOLUTION GRANTING AN OBSTRUCTION OF SIDEWALK PERMIT TO PIZZA LUCE' III, INC. - A&L DEVELOPMENT, INC., FOR PROPERTY LOCATED AT 11 EAST SUPERIOR STREET.

04-0354R - RESOLUTION DESIGNATING THE CITY OF DULUTH'S COMMUNITY DEVELOPMENT TARGET AREAS.

04-0355R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO DULUTH CENTRAL HIGH SCHOOL AND MINNESOTA POWER FOR A WIND ENERGY CONVERSION SYSTEM ON PROPERTY LOCATED AT 800 EAST CENTRAL ENTRANCE (CENTRAL HIGH SCHOOL/MINNESOTA POWER).

04-0362R - RESOLUTION OF INTENT FOR THE CONCEPTUAL APPROVAL OF AN APARTMENT HOUSING PROJECT AND NATURAL AREA ON TAX FORFEITED LAND ALONG RICE LAKE ROAD NEAR BLACKMAN AVENUE AND PECAN AVENUE.

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0365R - RESOLUTION AUTHORIZING ACCEPTANCE OF LAND DONATION IN THE SMITHVILLE AREA FROM GERALD T AND EVELYN MOSCATELLI.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0336R - RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES, FOR THE SUMMER MAINTENANCE OF THE CLYDE AVENUE (MUNGER ACCESS) AND RICE'S POINT BOAT LAUNCH SITES.

04-0337R - RESOLUTION ACCEPTING A GRANT FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR THE REHABILITATION OF BRIDGE NO. L8506 OVER AMITY CREEK ON SEVEN BRIDGES ROAD IN THE AMOUNT OF $721,478.

04-0350R - RESOLUTION DESIGNATING SEWER BASIN 6 FOR I&I ENFORCEMENT UNDER CHAPTER 43 AND GIVING NOTICE TO AFFECTED PROPERTIES.

04-0356R - RESOLUTION AWARDING CONTRACT TO NORTHWOODS SAND AND GRAVEL, FOR CONSTRUCTION OF YEAR 2004 STREET IMPROVEMENT OF LAKESIDE LOWER SOUTHWEST 2, IN THE AMOUNT OF $544,491.43.

04-0357R - RESOLUTION AWARDING CONTRACT TO ULLAND BROTHERS, INC., FOR 5,000 CUBIC YARDS OF WASHED SAND, IN THE AMOUNT OF $52,344.75.

04-0360R - RESOLUTION AWARDING CONTRACT TO UTILITY SYSTEMS OF AMERICA, INC., FOR CONSTRUCTION OF YEAR 2004 STREET IMPROVEMENT OF EAST HILLSIDE UPPER WEST 2, IN THE AMOUNT OF $457,429.25.

04-0361R - RESOLUTION AWARDING CONTRACT TO RINKER MATERIALS C/O GROEBNER AND ASSOCIATES, INC., FOR 110,000 FEET OF POLYETHELENE PIPE, IN THE AMOUNT OF $33,852.09.

04-0367R - RESOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND TO INDEMNIFY THE STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF A MINNESOTA STATE AID VARIANCE IN THE RECONSTRUCTION OF ANDERSON ROAD FROM TRINITY ROAD (TH 53) TO CHAMBERSBURG AVENUE.

04-0368R - RESOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND INDEMNIFY THE STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF A MINNESOTA STATE AID VARIANCE IN THE CONSTRUCTION OF ARTHUR AVENUE BETWEEN GARFIELD AVENUE AND PORT TERMINAL ROAD.

04-0369R - RESOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND INDEMNIFY THE STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF A MINNESOTA STATE AID VARIANCE FOR THE CONSTRUCTION OF AIRPORT ROAD AND STEBNER ROAD.

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0343R - RESOLUTION TO ESTABLISH ONE-STALL HANDICAPPED PARKING ZONES AT VARIOUS LOCATIONS.

04-0349R - RESOLUTION AUTHORIZING AMENDMENT TO THE GOVERNMENT SERVICES CENTER LEASE AGREEMENT WITH ST. LOUIS COUNTY FOR PARKING BEHIND GOVERNMENT SERVICES CENTER IN THE AMOUNT OF $130 PER MONTH.

04-0352R - RESOLUTION AUTHORIZING ACCEPTANCE OF A HOMELAND SECURITY GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $100,170.

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0341R - RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) RELATING TO PARTICIPATION BY DEDA IN THE CITY OF DULUTH SELF INSURANCE FUND PROGRAM FOR 2004.

04-0370R - RESOLUTION AMENDING RESOLUTIONS 04-0228 AND 04-0229 CORRECTING ERRORS IN DOLLAR AMOUNTS THEREIN.

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)

04-0371R - RESOLUTION OF INTENT TO INCLUDE $200,000 IN THE 2005 GENERAL FUND BUDGET AS A VOLUNTARY PAYMENT TO THE PROPOSED BUSINESS IMPROVEMENT DISTRICT.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0372R - RESOLUTION ORDERING THE IMPROVEMENT OF LAKE AVENUE FROM SECOND STREET ALLEY TO SEVENTH STREET (CITY PROJECT NO. 0087TR) AT AN ESTIMATED COST OF $1,540,000.

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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)

04-031-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION AIRPARK IMPROVEMENT BONDS OF THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $1,000,000 UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTIONS OF THE CITY COUNCIL AND LEVYING TAXES FOR THE PAYMENT THEREOF.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-030-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 19 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE FAMILY RESIDENTIAL, TO C-2, HIGHWAY COMMERCIAL DISTRICT, PROPERTY LOCATED AT 2901 MORRIS THOMAS ROAD (BECHTHOLD).

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-029-O - AN ORDINANCE AUTHORIZING A LONG TERM LEASE OF A HISTORIC PROPERTY TO THE FOND DU LAC BAND OF CHIPPEWA. (REPLACEMENT)

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-032-O - AN ORDINANCE PERTAINING TO CABLE TELEVISION FRANCHISE.

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

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.

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COUNCILOR QUESTIONS AND COMMENTS
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