AGENDA FOR THE

DULUTH CITY COUNCIL MEETING

Monday, August 23, 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 - .

PUBLIC HEARING - 7:00 p.m. - 2005 SIP addition to Lincoln Park Central East.

 

 

- - -

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]

- - -

 

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS

 

*          04-0823-01     College of St. Scholastica, by William Burns, attorney, submitting petition to reclassify from R-1 to R-3 all Lots 5-12, Block 17, Lots 5-12, inclusive, Block 18, Lots 4-13, inclusive, Block 19, Lot 9, Block 20, Lots 9 -16, inclusive, Block 29, Blocks 30 and 31, Lots 9-16, inclusive, Block 36 and all those parts of Blocks 32, 33, 34 and 35, Grays Addition. - Assessor

 

*          04-0823-02     Joseph S. Kleiman, et al. (four signatures), submitting petition to construct an eight inch watermain in Ethel Avenue from Springvale Road to 365 feet northerly. -- Assessor

 

*          04-0823-03     Robert H. Magie, III, by Greg Gilbert, attorney, submitting petition to reclassify from R-1-c and R-1-b, property described as Lots 49, except that part of Lot 49 lying within ten feet of the east line of Mesaba Avenue (formerly Piedmont Avenue East,) 51, 53, 55, 57, 59, 61, 62, 63 and 64, all in Block 165, and Lots 45 and 47, Block 166 ½, all except that part within the ten feet of east line of Piedmont Avenue, Duluth Proper, Third Division. -- Assessor

 

- - -

 

REPORTS OF OFFICERS

 

*          04-0823-04     Assessor submitting:

                       (a)       Affidavit of mailing of notice of public hearing by the Duluth City Council on Monday, August 23, 2004, at 7:00 p.m. in the City Council Chambers, City Hall, regarding the proposed improvement for the construction of West Seventh Street from 150 feet east of 21st Avenue West to 20th Avenue West.-- Clerk

                       (b)       For confirmation the assessment roll levied to defray the assessable portion of sanitary sewer extension in 91st Avenue West, Contract 5370 (assessable - $22,314.62);

                       (c)       Letters of sufficiency of petitions to:

                                          (1)       Construct an eight inch watermain in Ethel Avenue from Springvale Road to 365 feet northerly;

                                          (2)       Reclassify from R-3 to R-4 Lots 1 through 16, Block 77, Endion Division of Duluth;

                                          (3)       Vacate streets, avenues and alleys in Auditor’s Plat of Lester Garden Tracts and Crosley Park Addition to Duluth. -- Received

 

*          04-0823-05     Clerk submitting applications to the Minnesota gambling control board for exemptions from lawful gambling licenses from:  (a) Duluth Art Institute on November 5 and 6, 2004 (raffle); (b) St. Mary’s Medical Center on November 4, 2004 (raffle). -- Received

 

           04-0823-06     Engineering division submitting monthly status report of August 1, 2004. -- Received

 

           04-0823-07     Treasurer submitting annual report of all gifts received by the city for $5,000 or less during the period of August 1, 2003, through July 31, 2004, pursuant to Resolution 97-0954. -- Received

 

- - -

 

REPORTS OF BOARDS AND COMMISSIONS

 

*          04-0823-08     Commission on disabilities minutes of July 7, 2004, meeting. -- Received       (E-MAILED)

__________________________

* Listed only, not copied.

- - -

 

REPORTS OF COUNCIL COMMITTEES

 

- - -

 

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)

- - -

 

OPPORTUNITY FOR CITIZENS TO BE HEARD

 

- - -

 

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)

 

04-0584R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE 91ST AVENUE WEST SANITARY SEWER EXTENSION.

 

BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

04-0566R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO TESSIER-WALTMAN MEMORIAL FUND (TESSIER-WALTMAN MEMORIAL SOFTBALL TOURNAMENT), WHEELER FIELD AND DULUTH-SUPERIOR GLBT PRIDE, INC. (DULUTH-SUPERIOR GLBT PRIDE FESTIVAL), PARK POINT.

 

04-0567R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE LICENSED PREMISES OF GRANDMA’S, INC. (GRANDMA’S SALOON & DELI), 522 LAKE AVENUE SOUTH.

 

04-0568R - RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO NORTHLAND VIETNAM VETERANS ASSOCIATION, BAYFRONT PARK.

 

04-0569R - RESOLUTION APPROVING THE TRANSFER OF THE OFF SALE 3.2 PERCENT MALT LIQUOR LICENSES OF SPEEDWAY/SUPERAMERICA, LLC (SUPER AMERICA #4360), 3301 WEST ARROWHEAD ROAD, TO HOLIDAY STATIONSTORES, INC. (HOLIDAY STATION STORE #354), SAME ADDRESS, AND SPEEDWAY/SUPERAMERICA, LLC (SUPER AMERICA #4095), 2432 LONDON ROAD, TO HOLIDAY STATIONSTORES, INC. (HOLIDAY STATION STORE #353), SAME ADDRESS.

 

04-0570R - RESOLUTION APPROVING RENEWAL AND ISSUANCE OF ON SALE INTOXICATING LIQUOR, ON SALE SUNDAY INTOXICATING LIQUOR, ADDITIONAL BAR, ON SALE DANCING, 2:00 A.M. BEVERAGE LICENSE, AND LATE HOUR ENTERTAINMENT LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2004, AND ENDING AUGUST 31, 2005.

 

04-0571R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE WINE RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2004, AND ENDING AUGUST 31, 2005.

 

04-0572R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE INTOXICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2004, AND ENDING AUGUST 31, 2005.

 

04-0573R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE CLUB LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2004, AND ENDING AUGUST 31, 2005.

 

04-0574R - RESOLUTION APPROVING THE ISSUANCE OF A BREWERY MALT LIQUOR OFF SALE INTOXICATING LIQUOR RENEWAL LICENSE FOR THE PERIOD BEGINNING SEPTEMBER 1, 2004, AND ENDING AUGUST 31, 2005.

 

BY COUNCILOR JOHNSON                             (PERSONNEL)

 

04-0564R - RESOLUTION CONFIRMING THE APPOINTMENT OF TADD M. JOHNSON TO THE DULUTH HUMAN RIGHTS COMMISSION, REPLACING JAMES PREST.

 

04-0565R - RESOLUTION CONFIRMING THE APPOINTMENT OF ETHAN PERRY TO THE TREE COMMISSION, REPLACING GREGG LILLEJORD.

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0582R - RESOLUTION TO VACATE ALLEY BETWEEN CLAY STREET AND PRINCE STREET EAST OF SKYLINE PARKWAY AND WEST OF 69TH AVENUE WEST IN BAY VIEW HEIGHTS (FLECKENSTEIN).

 

04-0583R - RESOLUTION TO VACATE AN ALLEY WHICH CONNECTS MISSOURI AVENUE AND MISSISSIPPI AVENUE AND AN ALLEY BETWEEN THE FOREGOING ALLEY AND LYONS STREET, EXCEPT FOR THE NORTHERN PORTION IN SUPERIOR VIEW ADDITION (LAWIEN).

 

04-0585R - RESOLUTION TRANSFERRING FUNDS IN THE AMOUNT OF $91,051 BETWEEN THE 2002 AND 2004 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS.

 

04-0592R - RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF ST. LOUIS COUNTY TO WITHHOLD FROM SALE CERTAIN TAX FORFEITED PARCELS (ANNUAL LIST - LANDS TAX FORFEITED IN 2003).

 

BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)

 

04-0534R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO AMEND AN AGREEMENT WITH AND ACCEPT FUNDS FROM HENNEPIN COUNTY FOR THE PROVISION OF DISLOCATED WORKER SERVICES IN THE AMOUNT OF $54,495 FOR THE PERIOD FROM APRIL 7, 2003, THROUGH MARCH 31, 2005.

 

04-0561R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH JOB SERVICES FOR THE PROVISION OF DISLOCATED WORKER SERVICES IN AN AMOUNT NOT TO EXCEED $73,339 FOR THE FEDERAL PROGRAM AND $185,387 FOR THE STATE PROGRAM FOR THE PERIOD OF JULY 1, 2004, THROUGH JUNE 30, 2005.

 

COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0575R - RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY 400 FEET OF SANITARY SEWER IN TRINITY ROAD BEGINNING 1,050 FEET SOUTH OF MALL DRIVE AND EXTENDING SOUTHERLY AND EASTERLY (CITY JOB NO. 0466SN) AT AN ESTIMATED COST OF $45,000.

 

04-0578R - RESOLUTION ORDERING THE CONSTRUCTION OF WEST SEVENTH STREET FROM APPROXIMATELY 150 FEET EAST OF 21ST AVENUE WEST TO 20TH AVENUE WEST AS PART OF THE 2005 STREET IMPROVEMENT PROGRAM PROJECT - LINCOLN PARK CENTRAL EAST, CITY PROJECT NO. 0347TR, AT AN ESTIMATED COST OF $72,500.

 

04-0587R - RESOLUTION AWARDING CONTRACT TO DULUTH SUPERIOR ERECTION, INC., FOR SANITARY AND STORM MANHOLE ADJUSTMENT PROGRAM IN THE AMOUNT OF $89,500.

 

04-0588R - RESOLUTION AWARDING CONTRACT TO LETOURNEAU AND SONS, INC., FOR CONSTRUCTION OF STORM SEWER REPLACEMENT IN 63RD AVENUE WEST, IN THE AMOUNT OF $129,460.

 

04-0589R - RESOLUTION AWARDING CONTRACT TO TRAFFIC CONTROL CORPORATION, FOR TRAFFIC SIGNAL CONTROLLER, IN THE AMOUNT OF $25,027.50.

 

04-0590R - RESOLUTION AWARDING CONTRACT TO DULUTH SUPERIOR BLACKTOP FOR BITUMINOUS MATERIALS AS NEEDED FOR YEAR 2004, FOR A TOTAL OF $190,650.

 

04-0591R - RESOLUTION AWARDING CONTRACT TO MUELLER PIPELINERS, INC., FOR CONSTRUCTION OF SIX INCH GAS MAIN AND EIGHT INCH WATER MAIN IN GLENWOOD STREET, IN THE AMOUNT OF $219,387.21.

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

04-0580R - RESOLUTION SETTING FEES FOR DULUTH JUSTICE AND DEFERRAL PROGRAM.

 

04-0581R - RESOLUTION TO ESTABLISH ONE-STALL HANDICAPPED PARKING ZONES AT VARIOUS LOCATIONS.

 

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)

 

04-0576R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE DULUTH AIRPORT AUTHORITY REGARDING PARTICIPATION BY THE AUTHORITY IN THE CITY’S SELF INSURANCE FUND DURING 2004.

 

04-0577R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY REGARDING PARTICIPATION BY THE AUTHORITY IN THE CITY’S SELF INSURANCE FUND DURING 2004.

 

END OF CONSENT AGENDA

 

- - -

 

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

 

COMMITTEE 1

 

BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

04-0600R - RESOLUTION REGARDING THE TREATMENT OF DULUTH CITIZENS BY THE SECRET SERVICE OF THE UNITED STATES.

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0579R - RESOLUTION OF INTENT AND SUPPORT TO AUTHORIZE CONVEYANCE OF CERTAIN PROPERTY IN THE COOK HOME AREA FROM ST. LOUIS COUNTY.

 

04-0594R - RESOLUTION COMMITTING TO CITY INVOLVEMENT IN THE DULUTH-KROC COMMUNITY CENTER TO BE ESTABLISHED WITH SALVATION ARMY AND THE GIFT OF JOAN KROC.

 

COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0527R - RESOLUTION AWARDING CONTRACT TO NORTRAX EQUIPMENT COMPANY FOR RENTAL/LEASE OF 14 MOTOR GRADERS IN THE AMOUNT OF $420,462 INCLUDING TAX.

 

04-0597R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR CONSTRUCTION OF DODGE STREET PUMP STATION AND STORAGE FACILITY IN THE AMOUNT OF $3,779,560.

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

04-0593R - RESOLUTION REGARDING PAYMENT PROCEDURES.

- - -

 

INTRODUCTION AND CONSIDERATION OF ORDINANCES

 

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

 

COMMITTEE 1

 

BY COUNCILOR JOHNSON                             (PERSONNEL)

 

04-050-O - AN ORDINANCE AMENDING CHAPTER 13,SECTION 9, OF THE DULUTH CITY CODE, 1959, AS AMENDED; TO INCREASE THE NUMBER OF MEMBERS OF THE CIVIL SERVICE BOARD NECESSARY TO CONSTITUTE A QUORUM.

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-051-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAPS NOS. 22, 23 AND 28 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-A, ONE FAMILY RESIDENTIAL, TO C-5, PLANNED COMMERCIAL, PROPERTY LOCATED ALONG MALL DRIVE, SOUTH OF CENTRAL ENTRANCE AND EAST OF TRINITY ROAD (WELSH COMPANIES, LLC).

 

04-052-O - AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO THE CONGRESS BAR AND GRILL FOR AN AWNING IN THE RIGHT-OF-WAY ADJACENT TO 1334 COMMONWEALTH AVENUE (GARY PETERSON/CONGRESS BAR AND GRILL).

 

BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)

 

04-053-O - AN ORDINANCE ESTABLISHING THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT.

 

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

 

COMMITTEE 1

 

BY COUNCILOR NESS                                        (FINANCE)

 

04-049-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS OF THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $1,250,000 FOR THE IMPROVEMENT OF THE DULUTH STEAM PLANT UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF.

 

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.

- - -

COUNCILOR QUESTIONS AND COMMENTS

- - -