REPLACEMENT

AGENDA FOR THE DULUTH CITY COUNCIL MEETING

Monday, August 9, 2004, 7:00 p.m.
Council Chamber, Third Fllor, City Hall
411 West First Street, Duluth, Minnesota

 

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES: June 14 and 28, 2004.

PUBLIC HEARINGS: 7:30 p.m. - Amend MIF agreement - Northstar Aerospace (04-0537R).

                                  7:30 p.m. - Amend development agreement - Sinex Aviation Technologies (04-541R).


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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


*  04-0809-01             Duluth Teachers Credit Union, et al., submitting petitions to:

                                   (a)       Reclassify (12 signatures) from R-1-c to C-1 Lots 1 through 7 and northerly 11 feet of Lots 8, Block 1 and Lots 1 through 6, Block 2, Myers and Whipples Addition to Duluth;

                                   (b)       Vacate (three signatures) the alley way approximately 16 feet wide by 125 feet long running between Lots 1-4 and northerly 20 feet of Lot 5, Block 1, and Lot 1, Block 2, Myers and Whipples Addition to Duluth. -- Assessor


*  04-0809-02             Housing and redevelopment authority of Duluth submitting petition to vacate streets, avenues and alleys in Crosley Park Addition to Duluth for Hawk Ridge Estates pat. -- Assessor


*  04-0809-03             Overman Company Realtors, Inc., et al. (five signatures) submitting petition to reclassify from R-3 to R-4, property described as Lots 9 - 16, Block 77, Endion Division of Duluth.


*  04-0809-04             The following submitting communications regarding a request to reclassify from R-2 to R-3 properties located at 2839 and 2843 Piedmont Avenue, 2531 and 2535 Nanticoke Street and 15 Rindahl Lane (04-046-O):  (a) Carmelle LaTour; (b) Mary Jo Sebok. -- Received                                         (E-MAILED)

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REPORTS OF OFFICERS


*  04-0809-05             Assessor submitting letters of sufficiency of petitions to:

                                   (a)       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;

                                   (b)       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

                                   (c)       Reclassify from R-1-c to C-1 Lots 1 through 7 and northerly 11 feet of Lots 8, Block 1 and Lots 1 through 6, Block 2, Myers and Whipples Addition to Duluth;

                                   (d)       Vacate the following:

                                               (1)       Alley way approximately 16 feet wide by 125 feet long running between Lots 1-4 and northerly 20 feet of Lot 5, Block 1, and Lot 1, Block 2, Myers and Whipples Addition to Duluth;

                                               (2)       Portion of 27th Avenue South between Minnesota Avenue and St. Louis Harbor adjacent to their property at 2635 Minnesota Avenue;

                                               (3)       Portion of Venture Circle in Rearrangement of part of Airpark Division;

                                               (4)       16 feet wide alley adjoining Blocks 27, 28 and 29, Bay View Addition to Duluth No. 1. -- Received


   04-0809-06             Parks and recreation department director submitting Lake Superior zoological society minutes of July 21, 2004, meeting. -- Received

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REPORTS OF BOARDS AND COMMISSIONS


   04-0809-07             Duluth airport authority:  (a) *Minutes of:  (1) June 15; (2) June 29, 2004, meetings; (b) Unaudited balance sheet for month ended May 31, 2004. -- Received (E-MAILED)


*  04-0809-08             Duluth/North Shore Sanitary District board minutes of July 13, 2004, meeting. -- Received (E-MAILED)


*  04-0809-09             Duluth state convention center administrative board minutes of June 29, 2004, meeting. -- Received (E-MAILED)


   04-0809-10             Seaway Port authority of Duluth submitting tax increment financing district report for Rice’s Point for F.Y. ending December 31, 2003. -- Received


*  04-0809-11             Special assessment board minutes of June 8, 2004, meeting. -- Received (E-MAILED)

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* 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)

  Canal Park parking ramp (11/21/2002)

  Bayfront master plan (12/16/2002)

  ISD 709 (7/10/2003)

  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)


04-0510R - RESOLUTION VACATING THE ALLEY BETWEEN BLOCKS 7 AND 8 OF HUNTERS GRASSY POINT ADDITION, THIRD DIVISION (KOSKI/WKK, INC.)  (TABLED 7/26 FOR CONSIDERATION WITH ORD. 04-045-O)


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).  (TABLED 7/26 FOR CONSIDERATION WITH ORD. 04-046-O)


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.). (TABLED 7/26 FOR CONSIDERATION WITH ORD. 04-045-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 STEWART                (PURCHASING & LICENSING)

04-0540R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF WIZNER COMPANY (NORMAN’S), 113 WEST FIRST STREET.

 

04-0545R - RESOLUTION AWARDING CONTRACT TO MAR COMPUTER SERVICE FOR COMPUTER PROGRAMMING AND MAINTENANCE TO THE MAINFRAME, NOT TO EXCEED IN THE AMOUNT OF $9,000.

 

04-0546R - AMENDMENT TO RESOLUTION 04-0067 AWARDING CONTRACT TO MACQUEEN EQUIPMENT, INC., FOR O.E.M. PARTS AND REPAIRS FOR SNOW BLOWERS AS NEEDED DURING THE YEAR 2004, TO INCREASE THE AMOUNT BY $10,000 FOR A NEW TOTAL OF $35,000.

04-0547R - RESOLUTION AWARDING CONTRACT TO LARSON CHEVROLET-OLDS FOR CHEVROLET PARTS AND SERVICE, IN THE AMOUNT OF $25,000.

 

04-0559R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF HISTORIC UNION DEPOT, INC, (THE DEPOT), 506 WEST MICHIGAN STREET.

 

BY COUNCILOR JOHNSON                             (PERSONNEL)

 

04-0523R - RESOLUTION CONFIRMING THE APPOINTMENT OF MARTI BUSCAGLIA TO THE DULUTH STATE CONVENTION CENTER ADMINISTRATIVE BOARD, REPLACING JAMES W. BROWN.


04-0528R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF WILLIAM A. SPANG TO THE SPECIAL BOARD OF REVIEW.


04-0529R - RESOLUTION CONFIRMING THE APPOINTMENTS OF CAROLE NEWKUMET AND JOSH SCHOMBERG TO THE PARKS AND RECREATION COMMISSION, REPLACING BRADLEY BECKMAN AND RANDY ANTONICH.


04-0557R - RESOLUTION AUTHORIZING ASSISTANT CITY ATTORNEY.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-0509R - RESOLUTION OF INTENT TO AUTHORIZE PURCHASE OF CERTAIN TAX FORFEITED PROPERTY IN THE LESTER PARK AREA FROM THE STATE OF MINNESOTA THROUGH ST. LOUIS COUNTY.


04-0553R - RESOLUTION VACATING PEDESTRIAN AND UTILITY EASEMENT ON PROPERTY AT 2428 PEACE DRIVE (BUSHEY).


04-0554R - RESOLUTION VACATING A UTILITY EASEMENT ON PROPERTY LOCATED AT 317 MARSHALL STREET (HEDTKE/BROOKS).

BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


04-0535R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICERS TO EXECUTE AN AMENDED LEASE AGREEMENT WITH THE STATE OF MINNESOTA, OFFICE OF THE STATE AUDITOR, FOR OFFICE SPACE WITHIN CITY HALL.


04-0538R - RESOLUTION DESIGNATING POLLING PLACES FOR THE SEPTEMBER 14, 2004, STATE PRIMARY ELECTION AND THE NOVEMBER 2, 2004, STATE GENERAL ELECTION.


04-0539R - RESOLUTION APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 14, 2004, STATE PRIMARY ELECTION AND THE NOVEMBER 2, 2004, STATE GENERAL ELECTION.


COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0530R - RESOLUTION OF INTENT TO CONSTRUCT A PERMANENT STREET IN BUTTERNUT AVENUE FROM HICKORY STREET TO CUL-DE-SAC, INCLUDING UTILITY EXTENSIONS NORTH OF COMO AVENUE TO CUL-DE-SAC (CITY JOB NO. 0325TR).

04-0533R - RESOLUTION AUTHORIZING AN AGREEMENT WITH TERRY T. MILLER FOR LEASE OF A BUILDING AT 1617 SOUTH STREET IN THE AMOUNT OF $2,400.

04-0548R - RESOLUTION AWARDING CONTRACT TO PERFORMANCE PIPELINING, INC., FOR CONSTRUCTION OF CIPP REHABILITATION OF SANITARY SEWER FOR JUNIATA STREET LATERALS, IN THE AMOUNT OF $240,361.

04-0549R - RESOLUTION AWARDING CONTRACT TO MORTON SALT DIVISION C/O HALLETT DOCK COMPANY FOR ROAD SALT, IN THE AMOUNT OF $314,505.68.

04-0542R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A JOINT CONTRACT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION, ST. LOUIS COUNTY, THE CITY OF DULUTH AND SHORT ELLIOT HENDRICKSON, INC., FOR DETAIL DESIGN ENGINEERING SERVICES RELATING TO THE RECONSTRUCTION OF TRUNK HIGHWAY 53 (MILLER TRUNK HIGHWAY) AND ADJACENT FRONTAGE ROADS, COUNTY ROADS AND CITY STREETS, AT AN ESTIMATED COST TO THE CITY OF $336,982.15.

 

04-0550R - RESOLUTION AWARDING CONTRACT TO VISU-SEWER CLEAN AND SEAL, INC., FOR CONSTRUCTION OF CIPP REHABILITATION OF SANITARY SEWER IN VARIOUS LOCATIONS, IN THE AMOUNT OF $179,951.45.

04-0551R - RESOLUTION AWARDING CONTRACT TO NATIONAL WATERWORKS, INC., FOR STOPPING MACHINE SYSTEM, IN THE AMOUNT OF $100,040.08.

04-0552R - RESOLUTION AWARDING CONTRACT TO UTILITY SYSTEMS OF AMERICA FOR WASTEWATER COLLECTION SYSTEM IN MORGAN PARK - PHASE II IN THE AMOUNT OF $428,958.50.

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

04-0536R - RESOLUTION AUTHORIZING ACCEPTANCE OF 2004 STATE HOMELAND SECURITY EQUIPMENT/EXERCISE GRANT FOR THE AMOUNT OF $150,000 FOR THE DULUTH FIRE DEPARTMENT.

04-0543R - RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND F. I. SALTER FOR THE MANAGEMENT OF THE PARKING LOT LOCATED AT THE OLD LINCOLN HOTEL SITE.

 

04-0555R - RESOLUTION AWARDING CONTRACT TO KARI TOYOTA COMPANY, FOR LEASE OF FIVE TOYOTA MATRIX, IN THE AMOUNT OF $47,625.

04-0560R - RESOLUTION AUTHORIZING PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES ON AUGUST 11, 2004, IN CONJUNCTION WITH THE VETERAN’S MEMORIAL HALL CLASSIC CAR SHOW AND SOCK HOP.

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)

 

04-0544R - RESOLUTION AWARDING CONTRACT TO ST. GERMAIN COUNTERTOP, CORIAN AND CASEWORK COMPANY FOR SIX BACKLIGHT IMAGES, IN THE AMOUNT OF $10,390.

END OF CONSENT AGENDA


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The following entitled resolutions are also for consideration at this meeting:


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-0537R - RESOLUTION AMENDING THE MINNESOTA INVESTMENT FUND (MIF) AGREEMENT WITH THE STATE OF MINNESOTA AND AMENDING THE MIF SUBAGREEMENT WITH NORTHSTAR MACHINE AND TOOL, INC., D.B.A. NORTHSTAR AEROSPACE (NORTHSTAR) INCREASING THE TIME FOR JOB CREATION AND MAINTENANCE.


05-0541R - RESOLUTION AUTHORIZING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH SINEX AVIATION TECHNOLOGIES.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-0527R - RESOLUTION AWARDING CONTRACT TO NORTRAX EQUIPMENT COMPANY FOR LEASE OF SEVEN MOTOR GRADERS FOR A SIX-MONTH PERIOD IN THE AMOUNT OF $210,231.


04-0556R - RESOLUTION AWARDING CONTRACT TO ZIEGLER, INC. FOR RENTAL OF SEVEN MOTOR GRADERS FOR A SIX-MONTH PERIOD IN THE AMOUNT OF $210,901.95.


04-0558R - RESOLUTION TERMINATING DULUTH ECONOMIC DEVELOPMENT AUTHORITY; REPEALING RESOLUTIONS 89-0323, 98-0949, 99-0239, 02-0606, 04-0202, AND 04-0215.


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


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


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-048-O - AN ORDINANCE AUTHORIZING LANDFILL CLEANUP AGREEMENT WITH WLSSD, DAA AND MPCA AND GRANT OF EASEMENT AND DECLARATION OF RESTRICTIONS AND COVENANTS IN FAVOR OF MPCA RELATED TO DUMP SITE 2.


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


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COUNCILOR QUESTIONS AND COMMENTS

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