AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, June 28, 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
- April 26, May 6, 10 and 24, 2004.
PUBLIC HEARING
- 7:00 p.m. - HRA TIF District (Hawk Ridge Estates).

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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

04-0628-01 Minnesota state auditor submitting Duluth economic development authority audit report for the year ended December 31, 2003. -- Received (PREVIOUSLY DISTRIBUTED) (COUNCILORS ONLY)

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REPORTS OF OFFICERS

* 04-0628-02 Assessor submitting: (a) Letters for confirmation of assessment rolls levied to defray the: (1) Assessable portions of demolition of buildings: Contract 5306 (assessable amount - $4,774); Contract 5293 (assessable amount - $2,500); Contract 5294 (assessable amount - $800); (2) Full expense of solid waste collection during the period March 1, 2003, to June 1, 2004, for which the collector has not been reimbursed; (b) Letters of sufficiency to: (1) Reclassify from: (A) R-2 to R-3 all of Block 8, Hunters Grassy Point Addition to Duluth, Third Division; (B) R-1 to R-3 registered Land Survey Number 38, Tract A, B, C, D and Grant Park Division of Duluth, Block 4, part of Lots 3 and 4 beginning at southeast corner of Lot 3, thence northeasterly 100 feet, thence left 90 degrees 89 feet, thence left 90 degrees to Nanticoke Street, thence east to point of beginning; (2) Vacate: (A) The alley between Blocks 58 and 64, Bay View Addition Number 2; (B) All that part of 40th Avenue East, formerly known as West Avenue; all that part of London Addition to Duluth and East Duluth Rearrangement lying easterly of Lot 5 and westerly of the east line of said plat; the platted public drive easement in Lot 5; the ten foot electric easement across the easterly ten feet of Lot 5; that part of a 12 foot wide easement for sanitary sewer purposes; that part of an existing 20 foot wide sanitary sewer easement; a 20 foot wide permanent easement for sanitary sewer purposes under and across part of Lots 4 and 5, all in London Addition to Duluth and East Duluth Rearrangement; (C) The easterly 20 feet of Lot 10, Rearrangement of Block 4, Central Baptist Division; (D) The paper alleyway located between Blocks 7 and 8, Hunters Grassy Point Addition to Duluth, Third Division. -- Received

* 04-0628-03 Clerk submitting applications to the Minnesota gambling control board for exemption from lawful gambling license from: (a) St. Margaret Mary Church on September 26, 2004 (bingo and raffle); (b) St. Michael's Church on November 14, 2004 (bingo and raffle). -- Received

04-0628-04 Engineering division submitting monthly project status report of June 1, 2004. -- Received

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REPORTS OF BOARDS AND COMMISSIONS

04-0628-05 Duluth airport authority:  (a) Balance sheet for April 30, 2004; *(b) Minutes of May 18, 2004, meeting -- Received (E-MAILED)

* 04-0628-06 Duluth/North Shore Sanitary District board minutes of May 4, 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 3

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0265R - RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO PROVIDE FOR A CITIZEN ADVISORY BODY. (TABLED 4/12) (REPLACEMENT 2) (AMENDMENT)

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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)

04-0414R - RESOLUTION AUTHORIZING REASSESSMENT OF PREVIOUSLY CANCELED STREET AND UTILITY ASSESSMENTS.

04-0428R - RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A $2,485,231 GENERAL OBLIGATION WATER UTILITY REVENUE NOTE, SERIES 2004, AND PROVIDING FOR ITS PAYMENT.

BY COUNCILOR STEWART

(PURCHASING & LICENSING)

04-0419R - RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO NORTHLAND COUNTRY CLUB, 3901 EAST SUPERIOR STREET, RIDGEVIEW COUNTRY CLUB, 700 WEST REDWING STREET, NORTHLAND VIETNAM VETERANS ASSOCIATION, BAYFRONT PARK, AND MARSHALL SCHOOL, 1215 RICE LAKE ROAD. (REPLACEMENT)

04-0420R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO THE DULUTH POLICE SOFTBALL TEAM, WHEELER FIELD.

04-0421R - RESOLUTION APPROVING THE ISSUANCE OF LAWFUL GAMBLING PREMISE PERMITS TO DULUTH AMATEUR YOUTH BASKETBALL ASSOCIATION AND DENFELD ORGAN PROJECT.

04-0423R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE WINE LICENSE AND ON SALE 3.2 PERCENT MALT LIQUOR LICENSE FROM MAYUR, INC, (INDIA PALACE), 319 WEST SUPERIOR STREET, TO DULUTH INDIA PALACE, INC, (INDIA PALACE), SAME ADDRESS.

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0417R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF ASSESSOR OFFICE COORDINATOR.

04-0430R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF WILLIAM MAJEWSKI TO THE SANITARY SEWER BOARD OF THE WLSSD.

04-0431R - RESOLUTION APPOINTING PORTIA JOHNSON AND PATTI R. KATOSKI TO THE CIVIL SERVICE BOARD.

04-0449R - RESOLUTION APPOINTING JIM BOOTH TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, REPLACING THOMAS J. CONRAD.

04-0451R - RESOLUTION APPOINTING MELINDA M. APPOLD AND DAVID K. SARVELA TO THE PLANNING COMMISSION, REPLACING JOHN HINZMANN AND JEFFREY JACKSON.

04-0452R - RESOLUTION REAPPOINTING JOHN M. EAGLETON AND JAMES LAUMEYER TO THE DULUTH AIRPORT AUTHORITY.

04-0453R - RESOLUTION APPOINTING PETER HANDBERG TO THE PARKING COMMISSION, REPLACING JOHN CUMMINGS.

04-0454R - RESOLUTION APPOINTING JAMES M. ANDERSON AND MARCUS KARKI TO THE ALCOHOL, GAMBLING AND TOBACCO COMMISSION, REPLACING DAVID A. NYQUIST AND ALLEN WILLMAN.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0432R - RESOLUTION AUTHORIZING AN INCREASE OF $5,199 IN THE 2004 HUD EMERGENCY SHELTER GRANT PROGRAM (ESGP) AND FURTHER AUTHORIZING AN AGREEMENT WITH AMERICAN INDIAN COMMUNITY HOUSING ORGANIZATION IN AN AMOUNT NOT TO EXCEED $5,000.

04-0433R - RESOLUTION APPROVING A COOPERATION AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA EXEMPTING PUBLIC HOUSING UNITS IN MIXED FINANCE DEVELOPMENTS FROM TAXATION AND PROVIDING FOR PILOT PAYMENTS.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0424R - RESOLUTION ORDERING THE CONSTRUCTION OF A CONCRETE SIDEWALK ON THE WEST SIDE OF ALLENDALE AVENUE FROM WADENA STREET TO OSAKIS STREET IN CONJUNCTION WITH THE 2004 STREET IMPROVEMENT PROGRAM PURSUANT TO SECTION 61(b) OF THE HOME RULE CHARTER OF THE CITY OF DULUTH AT AN ESTIMATED INCREASE IN THE SIP ASSESSMENTS OF ONE DOLLAR ($1) PER FRONT FOOT.

04-0426R - RESOLUTION ESTABLISHING THE CUSTOMER CHARGE AND USER CHARGES FOR THE CITY'S WASTEWATER FACILITIES EFFECTIVE WITH METER READINGS AFTER AUGUST 1, 2004; RESCINDING ALL PRIOR INCONSISTENT OR CONFLICTING RESOLUTIONS WITH RESPECT TO SUCH RATES AND DESIGNATING THAT THE RATES INCREASE INCREMENT BE USED ONLY FOR THE REPLACEMENT AND REHABILITATION OF SANITARY SEWER INFRASTRUCTURE.

04-0427R - RESOLUTION ESTABLISHING FIXED CHARGE WATER RATES EFFECTIVE WITH METER READINGS AFTER AUGUST 1, 2004; RESCINDING ALL PRIOR INCONSISTENT OR CONFLICTING RESOLUTIONS WITH RESPECT TO SUCH RATES; AND DESIGNATING THAT THE RATE INCREASE INCREMENT BE USED ONLY FOR REPLACEMENT AND REHABILITATION OF WATER SYSTEM INFRASTRUCTURE.

04-0436R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH SALO ENGINEERING FOR YEAR 2005 STREET IMPROVEMENT PROGRAM FOR DULUTH HEIGHTS SOUTHEAST 3 IN AN ESTIMATED AMOUNT OF $103,521.59.

04-0437R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AYRES ASSOCIATES FOR YEAR 2005 STREET IMPROVEMENT PROGRAM FOR LINCOLN PARK CENTRAL EAST ESTIMATED AT $166,938.

04-0438R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH SHORT ELLIOT HENDRICKSON, INC., FOR YEAR 2005 STREET IMPROVEMENT PROGRAM FOR HUNTERS PARK ESTIMATED AT $119,442.

04-0439R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH L.H.B. ENGINEERS AND ARCHITECTS FOR YEAR 2005 STREET IMPROVEMENT PROGRAM FOR WOODLAND SOUTH 2, ESTIMATED AT $190,239.

04-0440R - RESOLUTION AWARDING CONTRACT TO ARROWHEAD PAINTING FOR PAINTING OF 2,620 GAS METER PIPING THROUGHOUT THE CITY OF DULUTH IN THE AMOUNT OF $29,842.86.

04-0441R - RESOLUTION AWARDING CONTRACT TO UTILITY SYSTEMS OF AMERICA, INC., FOR CONSTRUCTION OF YEAR 2004 STREET IMPROVEMENT OF WOODLAND SOUTH 1 IN THE AMOUNT OF $1,347,236.20.

04-0442R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR CONSTRUCTION YEAR 2003 STREET IMPROVEMENT PROGRAM OF UMD/CHESTER 3 (GRANITOID) IN THE AMOUNT OF $703,931.75.

04-0443R - RESOLUTION AWARDING CONTRACT TO DAFFINSON, INC., FOR THE STREET CRACK SEALING PROGRAM IN THE AMOUNT OF $45,560.

04-0444R - RESOLUTION AUTHORIZING THE ACQUISITION OF A PARCEL OF TAX FORFEIT PROPERTY LOCATED IN MORRIS PARK DIVISION OF LAKESIDE, FOR A PUBLIC USE, FROM THE STATE OF MINNESOTA THROUGH ST. LOUIS COUNTY AS A FREE CONVEYANCE. (REPLACEMENT)

04-0445R - RESOLUTION ACCEPTING GRANT FROM GREAT LAKES COMMISSION FOR SOIL EROSION AND SEDIMENT CONTROL IN THE AMOUNT OF $27,450 AND PROVIDING $1,000 IN LOCAL MATCHING FUNDS.

04-0447R - RESOLUTION AUTHORIZING AMENDMENT TO CITY CONTRACT NO. 19,227 RELATED TO THE DULUTH STREAMS PROJECT WITH THE U OF M NRRI, EXTENDING THE TERM AND INCREASING THE AMOUNT PAYABLE BY $15,000.

04-0448R - RESOLUTION AWARDING CONTRACT TO ST. JOSEPH EQUIPMENT FOR ONE CASE TRACTOR LOADER BACKHOE IN THE AMOUNT OF $91,422.12.

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0422R - RESOLUTION TO ESTABLISH NO PARKING ON VARIOUS STREETS.

04-0425R - RESOLUTION AUTHORIZING DISTRIBUTION OF SURPLUS DEFIBRILLATORS AND A CONTRACT THEREFORE. (REPLACEMENT)

04-0435R - RESOLUTION AWARDING CONTRACT TO ZONES, INC., FOR EIGHT PANASONIC TOUGHBOOK LAPTOP COMPUTERS IN THE AMOUNT OF $27,067.14.

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)

04-0429R - RESOLUTION APPROVING FORM OF TAX BASE IMPACT WORKSHEET.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0434R - RESOLUTION APPROVING THE CITY OF DULUTH TAX ABATEMENT FINANCING POLICY FOR HOUSING DEVELOPMENTS.

04-0450R - RESOLUTION APPROVING A TAX INCREMENT FINANCING PLAN FOR THE HAWK RIDGE ESTATES TAX INCREMENT FINANCING DISTRICT IN PROJECT AREA NO. 1 AS PROPOSED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0446R - RESOLUTION ADOPTING AMENDED GUIDELINES FOR THE I&I PROGRAM.

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0418R - RESOLUTION REQUESTING THE MAYOR TO ESTABLISH A TASK FORCE TO REVIEW FIRE DEPARTMENT OPERATIONS.

BY COUNCILOR REINERT

(RECREATION, LIBRARIES & AUTHORITIES)

04-0455R - RESOLUTION ACCEPTING GIFT FROM MANLEY GOLDFINE AND EXPRESSING GRATITUDE THEREFORE.

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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)

04-038-O - AN ORDINANCE ADDING A NEW ARTICLE XXXI TO CHAPTER 2 OF THE DULUTH CITY CODE PERTAINING TO TAX BASE IMPACT STATEMENT.

04-040-O - AN ORDINANCE AMENDING SECTION 41-32 OF THE CITY CODE RELATING TO THE AWARD OF CONTRACTS NOT SUBJECT TO THE COMPETITIVE BIDDING PROCESS, INCREASING THE LIMITATION AMOUNT.

BY COUNCILOR JOHNSON

(PERSONNEL)

04-042-O - AN ORDINANCE AMENDING ORDINANCE 6627 AND DULUTH CITY CODE PERTAINING TO PARKING CAMPER TRAILERS AND RECREATION VEHICLES. (REPLACEMENT)

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-035-O - AN ORDINANCE AUTHORIZING RECONVEYANCE OF PROPERTY IN HARBORVIEW TO THE STATE OF MINNESOTA.

BY COUNCILORS ATKINS AND STEWART

04-043-O - AN ORDINANCE INCREASING TAXI FARES, AMENDING SECTION 47-33 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-036-O - AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL PROPERTIES; AMENDING CITY CODE SECTION 29A-32.

COMMITTEE 3

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-037-O - AN ORDINANCE AMENDING CHAPTER 33, ARTICLE XVII, OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGULATING WRECKER SERVICES.

04-039-O - AN ORDINANCE AMENDING THE REGULATIONS FOR THE DEMOLITION OF HAZARDOUS BUILDINGS; AMENDING SECTIONS 10-3 AND 10-5 AND REPEALING IN ITS ENTIRETY SECTION 10-7 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

04-041-O - AN ORDINANCE AUTHORIZING THE CHARGING OF FEES FOR PARTICIPATION IN DULUTH JUSTICE AND DEFERRAL PROGRAM.

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

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-034-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 7 AND 10 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM M-1, MANUFACTURING, TO R-1-B, ONE-FAMILY RESIDENTIAL, 20.18 ACRES OF PROPERTY LYING NORTH OF ARBOR AVENUE, EAST OF GRAND AVENUE AND 93RD AVENUE WEST, SOUTH OF HULETT AVENUE AND WEST OF THE ST. LOUIS RIVER (FREEDOM DEVELOPMENT AND CONSULTING).

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-033-O - AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN PROPERTY IN THE EAST HILLSIDE AREA TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH.

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COUNCILOR QUESTIONS AND COMMENTS

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