AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, July 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

 

*  04-0726-01             Duluth Seaway port authority submitting petition to vacate a portion of Venture Circle in Rearrangement of part of Airpark Division. -- Assessor

 

*  04-0726-02             Greater Downtown Council, by Daniel D. Maddy, attorney, et al. (57 signatures), submitting petition to establish the Downtown Waterfront Special Service District which boundaries include Mesaba Avenue and Bayfront Park to the west, Second Street to the north, Tenth Avenue East to the east and Lake Superior and the Duluth-Superior Harbor to the south. -- Assessor

 

*  04-0726-03             Paul and Cheryl Fleckenstein, et al. (four signatures), submitting petition to vacate the 16 feet wide aley adjoining Blocks 27, 28 and 29, Bay View Addition to Duluth No. 1. -- Assessor

 

*  04-0726-04             Alex and Brenda Kramer, by William M. Burns, attorney, et al. (four signatures), submitting petition to vacate that portion of 27th Avenue South between Minnesota Avenue and St. Louis Harbor adjacent to their property at 2635 Minnesota Avenue. -- Assessor

 

*  04-0726-05             William Marceau submitting:

                                   (a)       Petition to improve Butternut Avenue from Hickory Street to cul-de-sac and utility extension on Butternut Avenue from Como Avenue northerly to cul-de-sac and two inch P.E. high pressure gas mains serving Butternut Avenue. -- Assessor

                                   (b)       Waiver agreement regarding assessments for the improvement of Butternut Avenue from Hickory Street to cul-de-sac and utility extension on Butternut Avenue from Como Avenue northerly to cul-de-sac, and two inch P.E. high pressure gas mains serving Butternut Avenue. -- Engineering; .

 

*  04-0726-06             Sherry Stewart, et al. (four signatures), submitting petition to extend the sanitary sewer within Trinity Road beginning 1,050 feet south of Mall Drive and extending 400 feet easterly and southerly. -- Assessor

 

*  04-0726-07             Welsh Properties, by John Johannson, et al. (three signatures), submitting petition to reclassify from R-1-b with community unit plan overlay to C-5, planned commercial district, property described as Lot 1, Block 1 and Lot 1, Block 2, Home Depot Duluth Addition. -- Assessor

 

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REPORTS OF OFFICERS

 

*  04-0726-08             Assessor submitting:

                                   (a)       For confirmation the assessment roll levied to defray the assessable portion of full development for Hartley Estates III, Contract 5356 (assessable - $528,563.47);

                                   (b)       Letters of sufficiency of petitions to:

                                               (1)       Extend the sanitary sewer within Trinity Road beginning 1,050 feet south of Mall Drive and extending 400 feet easterly and southerly;

                                              (2)       Reclassify from R-1-b with community unit plan overlay to C-5, planned commercial district, property described as Lot 1, Block 1 and Lot 1, Block 2, Home Depot Duluth Addition;

                                               (3)       Vacate the T-shaped alley located in Block 4, Superior View Addition, except that portion adjoining Lots 1-8. -- Received

 

*  04-0726-09             Clerk submitting application to the Minnesota gambling control board for exemption from lawful gambling license from Animal Allies Humane Society on October 23, 2004 (raffle). -- Received

   04-0726-10             Engineering division submitting monthly status report of July 1, 2004, meeting. -- Received

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REPORTS OF BOARDS AND COMMISSIONS

 

*  04-0726-11             Duluth human rights commission minutes of June 9, 2004, meeting. -- Received

(E-MAILED)

 

*  04-0726-12             Duluth/North Shore Sanitary District board minutes of June 8, 2004, meeting. -- Received

(E-MAILED)

 

*  04-0726-13             Duluth state convention center administrative board minutes of May 25, 2004, meeting. -- Received                                                                                                                                       (E-MAILED)

*  04-0726-14             Parks and recreation commission minutes of June 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 (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)

 

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

 

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). 

(TABLED 7/12 FOR CONSIDERATION WITH ORDINANCE 04-044-O)

 

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).                                             (TABLED 7/12 FOR CONSIDERATION WITH ORDINANCE 04-044-O)

 

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).                                                 (TABLED 7/12 FOR CONSIDERATION WITH ORDINANCE 04-044-O)

 

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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)

 

04-0505R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF $4,785,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 2004B, AND $945,000 GENERAL OBLIGATION AIRPARK IMPROVEMENT BONDS, SERIES 2004C.

 

04-0512R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE FULL DEVELOPMENT FOR HARTLEY ESTATES III.

 

04-0519R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND ITS CONFIDENTIAL BARGAINING UNIT FOR YEAR 2003.

 

04-0520R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND ITS CONFIDENTIAL BARGAINING UNIT FOR THE YEARS 2004, 2005 AND 2006.

 

04-0522R - RESOLUTION AUTHORIZING EMPLOYMENT CONTRACT WITH THE ADMINISTRATIVE ASSISTANT.

 

04-0526R - RESOLUTION ESTABLISHING SALARIES AND FRINGE BENEFITS FOR THE CITY ATTORNEY, ASSISTANT CITY ATTORNEYS, AND THE EQUAL OPPORTUNITY REPRESENTATIVE FOR YEARS 2004, 2005 AND 2006.

 

 

BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

04-0495R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO BEERHUNTERS SOFTBALL TEAM, WHEELER FIELD; WOODLAND FASTPITCH ASSOCIATION (JIMMY HERALD MEMORIAL TOURNAMENT), WOODLAND AVENUE AND ANOKA STREET; AND COPASETIC SOFTBALL TEAM, WHEELER FIELD.

 

04-0496R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSES OF VARIOUS LICENSEES.

 

04-0497R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE LICENSED PREMISES OF THE ON SALE INTOXICATING LIQUOR LICENSES OF LEGACY RESTAURANT, INC. (DULUTH ATHLETIC CLUB BAR & GRILL), 21 NORTH FOURTH AVENUE WEST, AND JUST TAKE ACTION, INC. (FITGER’S BREWHOUSE), 600 EAST SUPERIOR STREET.

 

04-0498R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING OFF SITE PREMISE PERMIT TO NATIONAL MULTIPLE SCLEROSIS SOCIETY - MINNESOTA CHAPTER.

 

04-0513R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF WIZNER COMPANY (NORMAN’S), 113 WEST FIRST STREET.

 

BY COUNCILOR JOHNSON                             (PERSONNEL)

 

04-0485R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF UTILITY SERVICE JOURNEYPERSON.

 

04-0486R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF UTILITY SERVICEPERSON.

 

04-0489R - RESOLUTION CONFIRMING THE APPOINTMENTS OF WILLIAM FLANNAGAN AND STEPHANIE LEANZA-WELCH TO THE COMMISSION ON DISABILITIES, REPLACING DEBRA ANDERSON AND ANNETTE PORT.

 

04-0490R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF CHARLES THOMPSON AND ANTHONY YUNG TO THE COMMUNITY DEVELOPMENT COMMITTEE.

 

04-0491R - RESOLUTION CONFIRMING THE APPOINTMENTS OF JOHN BEYER AND ROBIN ROESER TO THE DEFERRED COMPENSATION PLAN COMMISSION, REPLACING JOHN HALL AND JOHN BEYER.

 

04-0492R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF JOHN BRAY AND MARSHA SIGNORELLI, AND THE APPOINTMENT OF MARK J. EMMEL, REPLACING GARY KELLEHER, TO THE DULUTH STATE CONVENTION CENTER ADMINISTRATIVE BOARD.

 

04-0493R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF RICHARD W. TOWEY AND THE APPOINTMENT OF AARON R. BRANSKY, REPLACING FRANK MESSINA, TO THE DULUTH TRANSIT AUTHORITY.

 

04-0494R - RESOLUTION CONFIRMING THE APPOINTMENT OF REBECCA PITTNER TO THE ENVIRONMENTAL ADVISORY COUNCIL, REPLACING STANLEY D. McPEEK.

 

04-0504R - RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF CRIMINAL INTELLIGENCE ANALYST AND SPECIFYING CONTRACT BENEFITS FOR SAME.

 

04-0506R - RESOLUTION CONFIRMING THE APPOINTMENT OF VIRGIL SWING TO THE BOARD OF ZONING APPEALS, REPLACING JOHN HINZMANN, JR.

 

04-0507R - RESOLUTION CONFIRMING THE APPOINTMENT OF JOAN J. MORRISON TO THE TECHNICAL DESIGN ADVISORY COMMITTEE FOR THE DOWNTOWN WATERFRONT MIXED USE-DESIGN REVIEW DISTRICT, REPLACING KARL WASSON.

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0508R - RESOLUTION VACATING ALLEY BETWEEN IRWIN AVENUE AND SIMONDS AVENUE SOUTH OF ASH STREET AND NORTH OF GODOLPHIN STREET IN BAY VIEW HEIGHTS (LINDBERG).

 

04-0511R - RESOLUTION GRANTING CONDITIONAL APPROVAL TO A SPECIAL USE PERMIT REQUEST BY DAVID BELL OF FREEDOM DEVELOPMENT AND CONSULTING, INC., FOR A LOW DENSITY PLANNED DEVELOPMENT ON PROPERTY LOCATED AT 9320 GRAND AVENUE.

 

04-0516R - RESOLUTION TRANSFERRING FUNDS IN THE AMOUNT OF $14,518 WITHIN THE 2001 AND 2003 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS.

 

COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0500R - RESOLUTION OF INTENT TO CONSTRUCT 400 FEET OF SANITARY SEWER IN TRINITY ROAD BEGINNING 1050 FEET SOUTH OF MALL DRIVE AND EXTENDING SOUTHERLY AND EASTERLY (CITY JOB NO. 0466SN).

 

04-0518R - RESOLUTION AUTHORIZING PAYMENT TO MENARD, INC. FOR THE CITY’S SHARE OF COSTS ASSOCIATED WITH THE RECONSTRUCTION OF A SEGMENT OF ELINOR STREET AND OTHER PUBLIC IMPROVEMENTS RELATED TO THE REDEVELOPMENT OF THE MENARDS STORE IN WEST DULUTH, IN THE AMOUNT OF $17,500.

 

04-0521R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR STREET CONSTRUCTION OF SUPERIOR STREET AND PIEDMONT AVENUE IN THE AMOUNT OF $502,613.68.

 

04-0525R - RESOLUTION AWARDING CONTRACT TO SHEL/DON REPRODUCTION FOR ONE COPIER/SCANNER/PRINTER SYSTEM IN THE AMOUNT OF $34,490.03.

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

04-0499R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN WEST DULUTH ON AUGUST 6, 2004, IN CONJUNCTION WITH SPIRIT VALLEY DAYS AND SUBJECT TO CERTAIN CONDITIONS.

 

04-0517R - RESOLUTION TO ESTABLISH A ONE-STALL HANDICAPPED PARKING ZONE AT FRONT OF 2959 DEVONSHIRE STREET.

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)

 

04-0532R - RESOLUTION IN SUPPORT OF THE IMMEDIATE RELEASE OF MAMUN AL-HUMSI.

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0510R - RESOLUTION VACATING THE ALLEY BETWEEN BLOCKS 7 AND 8 OF HUNTERS GRASSY POINT ADDITION, THIRD DIVISION (KOSKI/ WKK, INC.).

 

04-0514R - RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY LOCATED AT 2839 AND 2843 PIEDMONT AVENUE, 2531 AND 2535 NANTICOKE STREET AND 15 RINDAHL LANE (KALL AND ROGERS).

 

04-0515R - RESOLUTION DENYING A REZONING PETITION TO RECLASSIFY FROM R-2, TWO-FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 69TH AVENUE WEST AND SHERBURNE STREET (KOSKI/WKK, INC.).

 

BY PRESIDENT STAUBER                  (COMMITTEE OF THE WHOLE)

 

04-0531R - RESOLUTION DESIGNATING USE OF FUNDS - SPECIAL PROJECT FUND.

 

COMMITTEE 3

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

04-0524R - RESOLUTION IN SUPPORT OF NATIONAL NIGHT OUT TO BE HELD ON AUGUST 3, 2004.

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES

 

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

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-045-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 12 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO RECLASSIFY FROM R-2, TWO-FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 69TH AVENUE WEST AND SHERBURNE STREET (KOSKI/WKK, INC.)

 

04-046-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 DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY LOCATED AT 2839 AND 2843 PIEDMONT AVENUE, 2531 AND 2535 NANTICOKE STREET AND 15 RINDAHL LANE (KALL AND ROGERS).

 

The following entitled ordinance is to be read for the second 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).

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COUNCILOR QUESTIONS AND COMMENTS

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