AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, July 12, 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. - Suites of Miller Hill.

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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

* 04-0712-01 John and Lizette Lawien submitting petition to vacate the T-shaped alley located in Block 4, Superior View Addition, except that portion adjoining Lots 1 - 8 of said Block 4, the same being the alley between Missouri Avenue and Mississippi Avenue and the alley connecting the foregoing alley to Lyons Street. -- Assessor

04-0712-02 Minnesota state auditor submitting Duluth airport authority audit report for the year ended December 31, 2003. -- Received (PREVIOUSLY DISTRIBUTED) (COUNCILORS ONLY)

* 04-0712-03 Sixth Judicial District Chief Judge Gary J. Pagliaccetti submitting order reappointing Andy Peterson, Daniel Maddy, Robert Hartl, Joseph Ferguson and Thomas Bennett; and appointing Timothy Bearheart, Todd Fedora and Jim Booth, replacing Patricia Edwards, Allan Kehr and William Sample to the Charter commission for terms expiring June 1, 2008. -- Received

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REPORTS OF OFFICERS

* 04-0712-04 Parks and recreation director submitting the following permits for vending at Lake Place Park, pursuant to Section 2-35 of the Duluth City Code:  (a) Speedie Weenie; (b) Water Boy Enterprises. -- Mayor for execution

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REPORTS OF BOARDS AND COMMISSIONS

* 04-0712-06 Commission on disabilities minutes of June 9, 2004, meeting. -- Received (E-MAILED)

* 04-0712-07 Duluth human rights commission minutes of June 9, 2004, meeting. -- Received (E-MAILED)

* 04-0712-08 Duluth transit authority:  (a) Income statement for April, 2004; (b) Minutes of April 28, 2004, meeting. -- Received (E-MAILED)

04-0712-09 Housing and redevelopment authority of Duluth submitting audit report for the year ended September 30, 2003. -- Received (COUNCILORS ONLY)
__________________________
* 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 (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 1

BY COUNCILOR NESS

(FINANCE)

04-0429R - RESOLUTION APPROVING FORM OF TAX BASE IMPACT WORKSHEET. (TABLED 6/28 FOR 8/2 COMMITTEE MEETING)

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0434R - RESOLUTION APPROVING THE CITY OF DULUTH TAX ABATEMENT FINANCING POLICY FOR HOUSING DEVELOPMENTS. (TABLED 6/28 FOR 8/2 COMMITTEE MEETING)

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

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. (TABLED 6/28 FOR MORE INFORMATION)

04-0446R - RESOLUTION ADOPTING AMENDED GUIDELINES FOR THE I&I PROGRAM. (TABLED 6/28 FOR 7/8 COMMITTEE MEETING)

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 3) (AMENDMENT 2)

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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)

04-0465R - RESOLUTION AWARDING CONTRACT TO GOVDOCS FOR ONLINE SUBSCRIPTION MANAGEMENT AND DOCUMENT DELIVERY SYSTEM IN THE AMOUNT OF $15,500.

04-0471R - RESOLUTION AWARDING CONTRACT TO MAX GRAY CONSTRUCTION, INC., FOR CONSTRUCTION OF HANDRAILS AT CITY HALL IN THE AMOUNT OF $27,100.

04-0480R - RESOLUTION APPROVING THE TEMPORARY EXPANSIONS OF THE ON SALE INTOXICATING LIQUOR LICENSES OF WIZNER COMPANY (NORMAN'S), 113 WEST FIRST STREET, SCANLON RIVER INN INC. (PIONEER BAR), 323 WEST FIRST STREET, AND LEGACY RESTAURANT, INC. (DULUTH ATHLETIC CLUB BAR & GRILL), 21 NORTH FOURTH AVENUE WEST.

BY COUNCILOR JOHNSON

(PERSONNEL)

04-0416R - RESOLUTION ABOLISHING SIX OBSOLETE AND INACTIVE JOB CLASSIFICATIONS.

04-0458R - RESOLUTION REAPPOINTING JOHN MORRISON AND APPOINTING DONNA SCORSE TO THE BOARD OF ZONING APPEALS, REPLACING LARRY SUNDBERG.

04-0459R - RESOLUTION APPOINTING LAURIE DAIKEN TO THE DULUTH PUBLIC ARTS COMMISSION, REPLACING MARK HAUGEN.

04-0461R - RESOLUTION APPOINTING GLENN D. PETERSON TO THE SISTER CITY COMMISSION, REPLACING LOIS MAINE.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0472R - RESOLUTION TRANSFERRING FUNDS IN THE AMOUNT OF $15,000 WITHIN THE 2000 AND 2003 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS.

04-0479R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO VERIZON WIRELESS FOR THE INSTALLATION OF A 70-FOOT HIGH PERSONAL CELL PHONE MONOPOLE ANTENNA AND ACCESSORY BUILDING ON PROPERTY LOCATED AT 825 PARTRIDGE AVENUE OWNED BY TROPICANA APARTMENTS, LTD (VERIZON WIRELESS).

BY COUNCILOR ATKINS

(INTERGOVERNMENTAL RELATIONS)

04-0457R - RESOLUTION ENTERING AN AGREEMENT ACCEPTING $243,233 FROM SENIOR SERVICE AMERICA, INC., TO OPERATE THE SENIOR AIDES PROGRAM FROM JULY 1, 2004, THROUGH JUNE 30, 2005.

04-0482R - RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF JUSTICE PROGRAMS, CRIME VICTIM SERVICES, RELATING TO AN EMERGENCY FUND FOR CRIME VICTIMS IN AN AMOUNT OF $3,000.

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0456R - RESOLUTION ACCEPTING A PUBLIC RIGHT-OF-WAY EASEMENT ON PROPERTY OWNED BY LAKE SUPERIOR CENTER AUTHORITY.

COMMITTEE 3

BY COUNCILOR STOVER

(PUBLIC WORKS & UTILITIES)

04-0463R - RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT 19568 WITH S.R.F. CONSULTING GROUP, INC., FOR PROFESSIONAL SERVICES NECESSARY FOR ROADWAY AND UTILITY DESIGN FOR THE CITY'S COMPONENT OF THE TRINITY ROAD (TH53) PROJECT, AMENDING THE SCOPE OF SERVICES AND INCREASING THE COMPENSATION BY $152,390.

04-0464R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH R.L.K.-KUUSISTO, LTD, FOR RECONDITIONING OF GRAND AVENUE IN AN ESTIMATED AMOUNT OF $389,870.

04-0466R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH KRECH, OJARD AND ASSOCIATES FOR RECONSTRUCTION OF WEST THIRD STREET IN AN ESTIMATED AMOUNT OF $218,993.

04-0467R - RESOLUTION AWARDING CONTRACT TO MONROE TRUCK EQUIPMENT FOR ONE DUMP SPREADER IN THE AMOUNT OF $42,493.50.

04-0470R - RESOLUTION ACCEPTING A GRANT FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR THE REHABILITATION OF BRIDGE NO. L6123 OVER CHESTER CREEK ON FIRST STREET IN THE AMOUNT OF $50,567.50.

04-0473R - RESOLUTION AWARDING CONTRACT TO SERVICE ELECTRIC OF SUPERIOR FOR ELECTRICAL COMPONENTS AT NEW TOWN BORDER STATION AND REWIRE THE COMPRESSED NATURAL GAS STATION IN THE AMOUNT OF $50,308.18.

04-0474R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF ROBERT DRANNEN IN THE AMOUNT OF $12,084.34.

04-0475R - RESOLUTION AWARDING CONTRACT TO GLACIER PAVING, INC., FOR BITUMINOUS SURFACING ON 59TH AVENUE WEST, CENTRAL AVENUE, HIGHLAND STREET AND KENWOOD AVENUE IN THE AMOUNT OF $121,993.70.

04-0476R - RESOLUTION AWARDING CONTRACT TO NATIONAL WATERWORKS, INC., FOR RENTAL OF STOPPING EQUIPMENT IN THE AMOUNT OF $11,620.95.

04-0477R - RESOLUTION AWARDING CONTRACT TO NATIONAL WATERWORKS, INC., FOR 34 WATEROUS PACER HYDRANTS IN THE AMOUNT OF $45,690.63.

04-0483R - RESOLUTION AUTHORIZING AN ACCESS AGREEMENT FOR THE STRYKER BAY AREA.

BY COUNCILOR LITTLE

(PUBLIC SAFETY)

04-0462R - RESOLUTION TO ESTABLISH A ONE-STALL HANDICAPPED PARKING ZONE AT FRONT OF 2414 WEST SECOND STREET.

04-0481R - RESOLUTION AUTHORIZING PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES ON JULY 16, 2004, IN CONJUNCTION WITH DOWNTOWN SIDEWALK DAYS.

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)

04-0484R - RESOLUTION AUTHORIZING DULUTH LEGACY ENDOWMENT FUND.

04-0487R - RESOLUTION ENDORSING MILLION SOLAR ROOFS PARTNERSHIP AND AGREEING TO BECOME A PARTNER.

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-0468R - RESOLUTION AMENDING RESOLUTION NO. 77-217 AND THE SPECIAL USE PERMIT GRANTED TO PIEDMONT HEIGHTS DENTAL ASSOCIATES II, ELIMINATING THE 40-YEAR EXPIRATION DATE (PIEDMONT HEIGHTS DENTAL ASSOCIATES II C/O G.W. HARRIES).

04-0469R - RESOLUTION DENYING A CONCURRENT USE PERMIT REQUEST FROM PIEDMONT HEIGHTS DENTAL ASSOCIATES II TO CONSTRUCT AND MAINTAIN PARKING SPACES FOR PRIVATE USE IN THE ENSIGN STREET PUBLIC RIGHT-OF-WAY (PIEDMONT HEIGHTS DENTAL ASSOCIATES II C/O GW HARRIS).

04-0478R - RESOLUTION AMENDING RESOLUTION NO. 77-217 AND THE SPECIAL USE PERMIT GRANTED TO PIEDMONT HEIGHTS DENTAL ASSOCIATION (PIEDMONT HEIGHTS DENTAL ASSOCIATES II C/O G.W. HARRIES).

BY PRESIDENT STAUBER

(COMMITTEE OF THE WHOLE)

04-0488R - RESOLUTION TO PERMANENTLY ESTABLISH THE THIRD SUNDAY OF JULY (JULY 18, 2004) AND ANNUALLY THEREAFTER AS LAKE SUPERIOR DAY IN THE CITY OF DULUTH, MINNESOTA.

04-0501R - RESOLUTION RETURNING DEDA TO ITS STRUCTURE AS IT WAS JULY 1, 2002; REPEALING VARIOUS RESOLUTIONS AND RESTATING OTHERS.

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

The following entitled ordinance is to be read for the first time:

COMMITTEE 2

BY COUNCILOR GILBERT

(PLANNING & ECONOMIC DEVELOPMENT)

04-044-O - AN ORDINANCE GRANTING TO PIEDMONT HEIGHTS DENTAL ASSOCIATES II A CONCURRENT USE PERMIT TO CONSTRUCT AND MAINTAIN PARKING SPACES FOR PRIVATE USE IN THE ENSIGN STREET PUBLIC RIGHT-OF-WAY (PIEDMONT HEIGHTS DENTAL ASSOCIATES II, C/O GW HARRIS).

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

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.

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

BY COUNCILORS LITTLE AND STEWART

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.

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COUNCILOR QUESTIONS AND COMMENTS
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