AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, September 13, 2004, 7:00 p.m.

Council Chamber, Third Floor, City Hall

411 West First Street, Duluth, Minnesota

REPLACEMENT 2

 

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES - July 12, 19 and 26, 2004.

PUBLIC HEARINGS - 7:00 p.m. -  Downtown Waterfront Special Service District (04-0595R, 04-0596R, 04-0614R, 04-053-O).

                                      7:30 p.m. -   TIF District No. 23 (Fifth Street Redevelopment Project) (04-0613R).


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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


*  04-0913-01             A&L Properties submitting petition to vacate part of 42nd Avenue West from Grand Avenue south 280 feet to Second Street, including all of the 80 feet right-of-way. -- Assessor


*  04-0913-02             Edwyna Bergh, et al. (21 signatures), submitting petition to reclassify from M-1 to R-3 property described as Lot 399, Block 77, Duluth Proper, Second Division. -- Assessor


*  04-0913-03             City of Duluth submitting petition to vacate streets and alleys in that portion of 99th Avenue West abutting Lot 8, Block 2, and Lot 1, Block 3; those portions of alleys in Block 3 lying southeast of State Highway 23; that portion of 98th Avenue West abutting Blocks 3 and 4 lying between the north line of Commonwealth Avenue and the north line of Lot 19, Block 3, extended easterly to the north line of Lot 36, Block 4; all alleys in Blocks 4 and 5; and that portion of 97th Avenue West abutting Blocks 4 and 5 and lying between the north line of Commonwealth Avenue and the north line of Lot 27, Block 4, extended easterly to the north line of Lot 32, Block 5, all in Morgan Park First Addition. -- Assessor


*  04-0913-04             College of St. Scholastic, by William Burns, attorney, submitting petition to vacate all of the utility easements, streets and alleys located in all of Lots 5 through 12, inclusive, Block 17, Lots 5 through 12, inclusive, Blocks 30 and 31, Lots 9 through 16, inclusive, Block 36, and all those parts of Blocks 32, 33, 34 and 35, Gray’s Addition, according to the recorded plat thereof, located in the NE1/4, Sec. 16, T50N, R14W, of the Fourth Principal Meridian. -- Assessor


*  04-0913-05             John E. Hovland submitting:

                                   (a)       Petition to construct road, sewer, water, gas and storm sewer in part of Lot C, Northridge Estates. -- Assessor

                                   (b)       Waiver agreement regarding special assessment board hearing for the construction of road, sewer, water, gas and storm sewer in part of Lot C, Northridge Estates. -- Engineer


*  04-0913-06             Terry Nelson, et al. (four signatures), submitting petition to reclassify from S to R-1-a property located at 4710 and 4722 Woodland Avenue. -- Assessor

 

*  04-0913-07             Northstar Baptist Church, by David Sorenson, pastor, submitting petition to extend the sanitary sewer 150 feet across Trinity Road beginning approximately 710 feet north of South Arlington Avenue intersection to serve Northstar Baptist Church at 1315 South Arlington Avenue. -- Assessor


*  04-0913-08             Minnesota state auditor submitting:

                                   (a)       Comprehensive annual financial report for the year ended December 31, 2003, for Western Lake Superior Sanitary District;

                                   (b)       Management and compliance reports for the year ended December 31, 2003, for Western Lake Superior Sanitary District. -- Received


*  04-0913-09             Eric Dings submitting communication regarding establishment of a Downtown Special Services District (04-0595R, 04-0596R, 04-0614R and 04-053-O). -- Received (EMAILED)


*  04-0913-10             Marlene and Lawrence Zwak submitting communication regarding reclassification of property as requested by the Duluth Teachers Credit Union (04-0602R, 04-0603R and 04-054-O). -- Received (EMAILED)

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REPORTS OF OFFICERS


*  04-0913-11             Assessor submitting:

                                   (a)       Affidavits of notice of public hearings by the special assessment board to be held Tuesday, September 14, 2004, at 3:30 p.m. in Room 106A, City Hall, regarding:

                                               (1)       Proposed construction of a watermain in Ethel Avenue (estimated project cost - $101,267);

                                               (2)       Reassessment of canceled sidewalk assessment for Plat 4430, Parcel 1060, Contract No. 4990 (total assessable amount - $601,350). -- Clerk

                                   (b)       Letters of sufficiency of petitions to:

                                               (1)       Reclassify:

                                                          (A)      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;

                                                          (B)      From S to R-1-A property located at 4710 and 4722 Woodland Avenue;

                                                          (C)      From R-1-C and R-1-B to R-4 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 166½, all except that part within the ten feet of east line of Piedmont Avenue, Duluth Proper, Third Division:

                                               (2)       Vacate:

                                                          (A)      All of the utility easements, streets and alleys located in all of Lots 5 through 12, inclusive, Block 17, Lots 5 through 12, inclusive, Blocks 30 and 31, Lots 9 through 16, inclusive, Block 36, and all those parts of Blocks 32, 33, 34 and 35, Gray’s Addition, according to the recorded plat thereof, located in the NE1/4, Sec. 16, T50N, R14W, of the Fourth Principal Meridian

                                                          (B)      Streets and alleys in that portion of 99th Avenue West abutting Lot 8, Block 2, and Lot 1, Block 3; those portions of alleys in Block 3 lying southeast of State Highway 23; that portion of 98th Avenue West abutting Blocks 3 and 4 lying between the north line of Commonwealth Avenue and the north line of Lot 19, Block 3, extended easterly to the north line of Lot 36, Block 4; all alleys in Blocks 4 and 5; and that portion of 97th Avenue West abutting Blocks 4 and 5 and lying between the north line of Commonwealth Avenue and the north line of Lot 27, Block 4, extended easterly to the north line of Lot 32, Block 5, all in Morgan Park First Addition. -- Received


*  04-0913-12             Building official submitting appeals of the board of zoning appeals denials as follows:

                                   (a)       Alex and Brenda Kramer, by William Burns, attorney, request to relax the front yard setback from 25 feet to 19 feet for the construction of a 24 foot by 48 foot garage addition at 2635 Minnesota Avenue and Lots 158-160, Lower Duluth, St. Louis Avenue;

                                   (b)        Menard’s, Inc., request to exceed the 25 foot height limitation for the installation of a 100 foot high ground sign on property located at 503 North 50th Avenue West;

                                   (c)       Richard Weme, request to allow the placement of a 14 foot by 24 foot accessory storage shed on property without a main building on property located southeast of his dwelling at 422 North 19th Avenue West. -- Committee 2 (Planning & economic development)


*  04-0913-13             Purchasing agent submitting emergency purchase order awarded to St. Joseph Equipment for repair of a 2001 Model SH41M Schaeff walking excavator. -- Received


*  04-0913-14             Clerk submitting letter regarding insufficiency/sufficiency of initiative petition entitled “Proposed Ordinance Creating Smoke-Free Public Places and Workplaces”. -- Received (EMAILED)

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REPORTS OF BOARDS AND COMMISSIONS


*  04-0913-15             Commission on disabilities minutes of August 4, 2004, meeting. -- Received (EMAILED)


*  04-0913-16             Duluth airport authority:  (a) Minutes of July 20, 2004, meeting; (b) Operating income and expense reports for month ended June 30, 2004. -- Received                                                      (EMAILED)


*  04-0913-17             Duluth transit authority:  (a) Balance sheet for May, 2004; (b) Minutes of May 26, 2004, meeting. -- Received (EMAILED)


*  04-0913-18             Housing and redevelopment authority of Duluth minutes of May 25, 2004, meeting. -- Received (EMAILED)


*  04-0913-19             Planning commission minutes of:  (a) May 26; (b) June 8; (c) June 23, 2004, meetings. -- Received (EMAILED)


*  04-0913-20             Technical design advisory committee for the Downtown Waterfront mixed use design review district minutes of:  (a) April 20; (b) May 18, 2004, meetings. -- Received (EMAILED)

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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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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)


04-0625R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE SANITARY SEWER LOW PRESSURE FORCE MAIN AT SWENSON AVENUE.


COMMITTEE 1


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


04-0618R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR MEMORIAL BLOOD CENTER AND ANIMAL ALLIES.


04-0620R - RESOLUTION AWARDING CONTRACT TO THE JAMAR COMPANY FOR CONSTRUCTION OF CITY HALL EXTERIOR RESTORATION - PHASE I, IN THE AMOUNT OF $147,500.

 

04-0629R - RESOLUTION AWARDING CONTRACT TO ZIEGLER, INC., FOR ONE CATERPILLAR SKIDSTEER LOADER IN THE AMOUNT OF $36,315.85.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

04-0612R - RESOLUTION TO VACATE PORTIONS OF 53RD AVENUE EAST, WOODLAWN STREET, LESTER STREET AND LESTER ALLEY IN DULUTH (HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH).


04-0631R - RESOLUTION VACATING A PORTION OF VENTURE CIRCLE IN THE AIRPARK AND ACCEPTING THE DEDICATION OF RIGHTS OF WAY FOR THE NECESSARY STREET TERMINATIONS THAT RESULT (DULUTH SEAWAY PORT AUTHORITY).


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


04-0628R - RESOLUTION AUTHORIZING ACCEPTANCE OF A COASTAL MANAGEMENT PROGRAM GRANT FROM MINNESOTA DNR, DIVISION OF WATERS, FOR COASTAL MANAGEMENT EDUCATION PURPOSES IN THE AMOUNT OF $99,000 AND COMMITTING LOCAL SHARE.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-0598R - RESOLUTION ACCEPTING DONATION OF UTILITY EASEMENT FROM RONALD AND TINA HILL ADJACENT TO PIEDMONT AVENUE.


04-0599R - RESOLUTION AUTHORIZING AN AGREEMENT WITH A&A DEVELOPMENT, INC., FOR THE CONSTRUCTION OF A WATERMAIN ALONG ANDERSON ROAD AND ADRAIN STREET AT A COST OF $31,398.68.


04-0621R - RESOLUTION AWARDING CONTRACT TO VIKING ELECTRIC SUPPLY, INC., FOR CANAL PARK AREA STREET LIGHTS REPLACEMENTS, IN THE AMOUNT OF $12,780.


04-0622R - RESOLUTION AWARDING CONTRACT TO COMO OIL AND PROPANE COMPANY FOR LIQUID PROPANE AND DISTRIBUTION, IN THE AMOUNT OF $60,000.


04-0623R - RESOLUTION AWARDING CONTRACT TO NORTHLAND BITUMINOUS INC., FOR BITUMINOUS MATERIALS AS NEEDED FOR YEAR 2004, FOR A TOTAL OF $78,011.25.


04-0624R - RESOLUTION AWARDING CONTRACT TO NATIONAL WATERWORKS, INC., FOR TWO HYDRAULIC SQUEEZE OFF TOOLS, IN THE AMOUNT OF $17,960.16.


04-0626R - RESOLUTION AWARDING CONTRACT TO VIELE CONTRACTING, INC., FOR CONSTRUCTION OF SANITARY SEWER EXTENSION IN HIGHLAND STREET ALLEY, IN THE AMOUNT OF $36,704.


04-0630R - RESOLUTION OF INTENT TO CONSTRUCT AN EIGHT INCH WATERMAIN IN ETHEL AVENUE FROM SPRINGVALE ROAD TO 365 FEET NORTHERLY.

 

04-0636R - RESOLUTION AUTHORIZING PERMIT AGREEMENT WITH ADVENTURE DULUTH LLC FOR THE 2004 ADVENTURE DULUTH RACING ADVENTURE.


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)


04-0606R - RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING AT WHICH THE DULUTH CITY COUNCIL WILL ADOPT ITS FINAL BUDGET AND TAX LEVY FOR 2005.


04-0607R - RESOLUTION SETTING A PROPOSED BUDGET FOR THE FISCAL YEAR 2005.


04-0608R - RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2005.


04-0609R - RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2005.


04-0610R - RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, SEAWAY PORT AUTHORITY, FOR THE YEAR 2005.


04-0611R - RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, HOUSING AND REDEVELOPMENT AUTHORITY, FOR THE YEAR 2005.

 

04-0637R - RESOLUTION SETTING FEE FOR COMMERCIAL USE PERMIT.

 

BY COUNCILORS STEWART AND REINERT

 

04-0633R - RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2005.


COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

04-0601R - RESOLUTION DENYING A REZONING PETITION TO DULUTH TEACHERS CREDIT UNION FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ARROWHEAD ROAD AND KENWOOD AVENUE

(DULUTH TEACHERS CREDIT UNION - JOHN WESTLUND).


04-0602R - RESOLUTION DENYING A VACATION OF AN UNIMPROVED ALLEY EASEMENT WEST OF KENWOOD AVENUE AND SOUTH OF ARROWHEAD ROAD (DULUTH TEACHERS CREDIT UNION).


04-0603R - RESOLUTION VACATING AN UNIMPROVED ALLEY EASEMENT WEST OF KENWOOD AVENUE AND SOUTH OF ARROWHEAD ROAD (DULUTH TEACHERS CREDIT UNION).


04-0605R - RESOLUTION APPROVING THE PRIORITIZATION OF PROJECTS TO RECEIVE 2005 LOW INCOME HOUSING TAX CREDITS.

 

04-0613R - RESOLUTION APPROVING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 23 IN DEDA’S HOUSING DEVELOPMENT DISTRICT AS PROPOSED BY THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY.

 

04-0634R - RESOLUTION AUTHORIZING REFERENDUM ON DULUTH’S PUBLIC SMOKING ORDINANCE, STATING THE REFERENDUM QUESTION FOR THE BALLOT, AND SETTING THE TIME THEREFORE AS THE GENERAL ELECTION ON NOVEMBER 2, 2004. (AMENDMENT)

 

04-0640R - RESOLUTION ESTABLISHING A DISABLED PARKING SPACE.

BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


04-0615R - RESOLUTION REQUESTING REDUCTION IN SALARY OF HEADS OF CITY DEPARTMENTS.


04-0616R - RESOLUTION AUTHORIZING RENTAL AGREEMENT BETWEEN THE CITY AND NARCOTICS ANONYMOUS.


04-0617R - RESOLUTION REDUCING THE BUDGET OF THE CITY COUNCIL BY 20 PERCENT AND REQUESTING THE CHARTER COMMISSION TO REDUCE PAY OF CITY COUNCILORS.


04-0619R - RESOLUTION AMENDING RESOLUTION 01-0077 AND RESOLUTION 04-0522, REDUCING THE SALARY OF THE MAYOR AND THE ADMINISTRATIVE ASSISTANT BY 20 PERCENT.


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


04-0595R - RESOLUTION PROVIDING FOR THE IMPOSITION OF SERVICE CHARGES WITHIN THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT.


04-0596R - RESOLUTION AUTHORIZING ENTERING INTO A SERVICE CONTRACT WITH THE GREATER DOWNTOWN COUNCIL TO PROVIDE SERVICES TO IMPLEMENT THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT.


04-0614R - RESOLUTION AUTHORIZING ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH THE GREATER DOWNTOWN COUNCIL SETTING FORTH THE ESTABLISHED LEVEL OF SERVICES FOR THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT.


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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 STEWART                (PURCHASING & LICENSING)


04-056-O - AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 8-22, PROHIBITING OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES.

 

04-059-O - AN ORDINANCE AMENDING SECTION 21-6 OF THE DULUTH CITY CODE, 1959, AS AMENDED, AUTHORIZING COLLECTION OF FEES.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-054-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 37 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-C, ONE FAMILY RESIDENTIAL, TO C-1, COMMERCIAL, PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ARROWHEAD ROAD AND KENWOOD AVENUE (DULUTH TEACHERS CREDIT UNION).


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-055-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAPS NO. 35 AND NO. 38 AS CONTAINED IN THE APPENDIX TO CHAPTER 50,TO PROVIDE FOR THE RECLASSIFICATION FROM R-3 APARTMENT RESIDENTIAL TO R-4, APARTMENT RESIDENTIAL, PROPERTY BOUNDED BY EAST THIRD STREET, EAST FOURTH STREET, 17TH AVENUE EAST, AND 18TH AVENUE EAST (DANIEL KING, ET AL.).


04-057-O - AN ORDINANCE AUTHORIZING RECONVEYANCE OF PROPERTY IN ENDION DIVISION TO STATE OF MINNESOTA FOR LAKEWALK TOWNHOMES PROJECT.


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


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COUNCILOR QUESTIONS AND COMMENTS

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