AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, September 27, 2004, 7:00 p.m.

Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota

REPLACEMENT 2

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

 

*          04-0927-01     Joan L. Johnson, et al. (two signatures), submitting petition to extend the sanitary sewer and watermain within Quince Street beginning at Anderson Road and extending approximately 670 feet easterly. -- Assessor

 

*          04-0927-02     Thomas J. O’Brien, et al. (five signatures), submitting petition to amend C-3 zoning at Buffalo Street access easement. -- Planning commission

 

*          04-0927-03     Gerald A. Veillet, et al. (three signatures), submitting petition to extend the sanitary sewer and watermain from Trinity Road to serve properties at 3330, 3400 and 3408 Trinity Road. -- Assessor

 

*          04-0927-04     Daniel Williams submitting petition to vacate 20th Avenue West between Sixth and Seventh streets adjacent to Lots 322 through 330, Block 157, Duluth Proper Second Division. -- Assessor

 

*          04-0927-05     Minnesota state auditor submitting management and compliance report for the city of Duluth for the year ended December 31, 2003. -- Received (PREVIOUSLY DISTRIBUTED)

 

*          04-0927-06     Alison Clarke submitting communication regarding the proposed reconveyance of property in Endion Division to state of Minnesota for Lakewalk Townhomes project (04-057-O). -- Received (E-MAILED)

 

*          04-0927-07     Piedmont Heights Dental Associates II submitting acceptance of terms, conditions and provisions of concurrent use permit granted by Ordinance No. 9681 on July 26, 2004. -- Received

 

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REPORTS OF OFFICERS

 

*          04-0927-08     Assessor submitting:

                       (a)       Confirmation of assessment roll to be levied to defray in full the expense of solid waste collection during the period June 1, 2003, to June 1, 2004, for which the collector has not been reimbursed;

                       (b)       Letters of sufficiency to:

                                   (1)       Construct sewer, water, gas, storm sewer and road to part of Outlot C, Northridge Estates, the N1/2 of SE1/4 of the NE1/4, and part of NE of NE1/4, Section 9, Township 50, Range 14;

                                   (2)       Extend the sanitary sewer 150 feet across Trinity Road beginning approximately 710 feet north of South Arlington Avenue intersection to serve 1315 South Arlington Avenue;

                                   (3)       Extend sanitary sewer and watermain from Trinity Road to serve properties at 3330, 3400 and 3408 Trinity Road;

                                   (4)       Reclassify from M-1 to R-3, Lot 399, Block 77, Duluth Proper Second Division;

                                   (5)       Vacate part of 42nd Avenue West from Grand Avenue south 280 feet to Second Street (Traverse Street). -- Received

 

*          04-0927-09     Clerk submitting application to the Minnesota gambling control board for exemption from lawful gambling license from Minnesota Association of Soil and Water Conservation Districts (raffle). -- Received

 

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REPORTS OF BOARDS AND COMMISSIONS

 

*          04-0927-10     Board of zoning appeals minutes of August 24, 2004, meeting. -- Received (E-MAILED)

 

*          04-0927-11     Duluth human rights commission minutes of July 14, 2004, meeting. -- Received (E-MAILED)

 

*          04-0927-12     Parking commission minutes of May 18, 2004, meeting. -- Received (E-MAILED)

 

*          04-0927-13     Special assessment board minutes of August 10, 2004, meeting. -- Received (E-MAILED)

 

*          04-0927-14     Spirit Mountain recreation area authority minutes of: (a) July 28; (b) August 11; (c) August 25, 2004, meetings. -- 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)
  • Canal Park parking ramp (11/21/2002)
  • ISD 709 (7/10/2003)
  • Bayfront master plan (12/16/2002)
  • 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)

 

04-0637R - RESOLUTION SETTING FEE FOR COMMERCIAL USE PERMIT.  (REPLACEMENT) (TABLED 9/13 FOR CONSIDERATION WITH COMPANION ORDINANCE 04-059-O)

 

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).  (TABLED 9/13 FOR CONSIDERATION WITH COMPANION ORDINANCE 04-054-O)

 

COMMITTEE 2

 

BY COUNCILOR GILBERT      (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0602R - RESOLUTION DENYING A VACATION OF AN UNIMPROVED ALLEY EASEMENT WEST OF KENWOOD AVENUE AND SOUTH OF ARROWHEAD ROAD (DULUTH TEACHERS CREDIT UNION). (TABLED 9/13 FOR CONSIDERATION WITH COMPANION ORDINANCE 04-054-O)

 

04-0603R - RESOLUTION VACATING AN UNIMPROVED ALLEY EASEMENT WEST OF KENWOOD AVENUE AND SOUTH OF ARROWHEAD ROAD (DULUTH TEACHERS CREDIT UNION). (TABLED 9/13 FOR CONSIDERATION WITH COMPANION ORDINANCE 04-054-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)

 

04-0635R - RESOLUTION CONFIRMING THE ASSESSMENT ROLL LEVIED TO DEFRAY IN FULL THE EXPENSE OF SOLID WASTE COLLECTION DURING THE PERIOD OF JUNE 1, 2003, TO JUNE 1, 2004, FOR WHICH THE LICENSED COLLECTOR HAS NOT BEEN REIMBURSED AS PROVIDED FOR IN CHAPTER 24 OF THE DULUTH CITY CODE.

 

04-0661R - RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, STATING THE INTENT TO ISSUE GROSS REVENUE RECREATION FACILITY REFUNDING BONDS (MUNICIPAL GOLF COURSES), SERIES 2004.

 

BY COUNCILOR STEWART               (PURCHASING & LICENSING)

 

04-0641R - RESOLUTION APPROVING A CHANGE ORDER (C.O.) #1, IN AN AMOUNT OF $14,200, TO A CONSTRUCTION CONTRACT WITH MAX GRAY CONSTRUCTION, INC., FOR CONSTRUCTION OF HANDRAILS AT CITY HALL AND RELATED SITEWORK.

 

04-0650R - RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MINNESOTA MUTUAL LIFE TO PROVIDE LIFE INSURANCE FOR CITY EMPLOYEES DURING THE YEAR 2005, AT AN ESTIMATED COST OF $212,009.

  

BY COUNCILOR JOHNSON                            (PERSONNEL)

 

04-0638R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF WATER QUALITY SPECIALIST.

 

04-0639R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF FINANCIAL ANALYST.

 

COMMITTEE 2

 

BY COUNCILOR GILBERT      (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0646R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO JAMES KING, SR. FOR SEASONAL CAMPSITES AT SPIRIT LAKE MARINE, INC., LOCATED AT 121 SPRING STREET IN RIVERSIDE (SPIRIT LAKE MARINE, INC.).

 

04-0647R - RESOLUTION VACATING STREET EASEMENTS ON CONTIGUOUS PROPERTY LOCATED NORTH OF OHIO STREET, SOUTH OF BUFFALO STREET, EAST OF BROADWAY AVENUE, AND WEST OF TRIGGS AVENUE INCLUDING PORTIONS OF TOLEDO AND NIAGARA STREETS AND PORTIONS OF VIRGINIA, KENTUCKY AND KENNEBEC AVENUES (COLLEGE OF SAINT SCHOLASTICA).

 

04-0648R - RESOLUTION VACATING THE STREETS AND ALLEYS IN PORTIONS OF BLOCKS 2 THROUGH 5, MORGAN PARK FIRST ADDITION (CITY OF DULUTH).

 

04-0671R - RESOLUTION AWARDING CONTRACT TO HOVLAND, INC., FOR ALLEY PEDESTRIAN CURB RAMPS IN THE AMOUNT OF $61,332.

 

04-0672R - RESOLUTION AUTHORIZING AN AGREEMENT WITH ARCHITECTURAL RESOURCES, INC. FOR SERVICES IN DEVELOPING THE WOODLAND BUSINESS DISTRICT PLAN.

  

COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0642R - RESOLUTION OF INTENT TO CONSTRUCT 150 FEET OF SANITARY SEWER ACROSS TRINITY ROAD BEGINNING 710 FEET NORTH OF SOUTH ARLINGTON AVENUE INTERSECTION TO SERVE NORTHSTAR BAPTIST CHURCH AT 1315 SOUTH ARLINGTON AVENUE (CITY JOB NO. 0452SN).

 

04-0644R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF RYAN PATRICK AND KATHLEEN JOHNSON IN THE AMOUNT OF $13,495.53.

 

04-0645R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF AMERICAN FAMILY INSURANCE, AS SUBROGEE OF LINDA LATOUR, IN THE AMOUNT OF $10,000.

 

04-0657R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF JOCELYN A. THOMPSON IN THE AMOUNT OF $75,000.

 

04-0658R - RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY 150 FEET OF SANITARY SEWER ACROSS TRINITY ROAD BEGINNING APPROXIMATELY 710 FEET NORTH OF SOUTH ARLINGTON AVENUE INTERSECTION TO SERVE NORTHSTAR BAPTIST CHURCH AT 1315 SOUTH ARLINGTON AVENUE AT AN ESTIMATED COST OF $13,000 (CITY JOB NO. 0452SN).

 

04-0659R - RESOLUTION OF INTENT TO CONSTRUCT PERMANENT STREETS, SANITARY AND STORM SEWERS, WATER MAINS AND GAS MAINS IN MIDDLE ROAD AND MIDDLE LANE FROM HOWARD GNESEN ROAD NORTHWESTERLY TO CUL-DE-SAC (CITY JOB NO. 0392TR).

 

04-0660R - RESOLUTION OF INTENT TO CONSTRUCT 850 FEET OF SANITARY SEWER AND 700 FEET OF WATER MAIN EASTERLY FROM TRINITY ROAD TO SERVE PROPERTIES AT 3330, 3400 AND 3408 TRINITY ROAD.

 

04-0662R - RESOLUTION ORDERING THE CONSTRUCTION OF PERMANENT STREETS, SANITARY AND STORM SEWERS, WATERMAINS AND GAS MAINS IN MIDDLE ROAD AND MIDDLE LANE FROM HOWARD GNESEN ROAD NORTHWESTERLY TO CUL-DE-SAC, AT AN ESTIMATED COST OF $898,000 (CITY JOB NO. 0392TR).

 

04-0664R - RESOLUTION ORDERING THE CONSTRUCTION OF AN EIGHT INCH WATER MAIN IN ETHEL AVENUE FROM SPRINGVALE ROAD TO 365 FEET NORTHERLY AT AN ESTIMATED COST OF $101,200 (City JOB NO. 0456WA).

 

04-0669R - RESOLUTION AWARDING CONTRACT TO ACME ALTERNATE FUEL SYSTEMS FOR L.P. GAS CONVERSION, IN THE AMOUNT OF $39,435.64.

 

04-0670R - RESOLUTION AWARDING CONTRACT TO LARSON CHEVROLET-OLDS FOR ONE TRUCK CAB AND CHASSIS, IN THE AMOUNT OF $41,104.98.

 

04-0674R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE ST. LOUIS AND LAKE COUNTY REGIONAL RAILROAD AUTHORITY FOR USE OF ITS RIGHT-OF-WAY IN CONJUNCTION WITH THE LAKESIDE SANITARY SEWAGE STORAGE FACILITY.

 

BY COUNCILOR LITTLE                               (PUBLIC SAFETY)

 

04-0665R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, IN THE AMOUNT OF $3,000 TO PROVIDE FOR OVERTIME COSTS FOR POLICE PERSONNEL ASSOCIATED WITH ADDITIONAL ENFORCEMENT OF ILLEGAL UNDERAGE DRINKING.

 

04-0666R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, IN THE AMOUNT OF $17,500 TO PROVIDE FOR OVERTIME COSTS FOR EXTRA POLICE PATROLS TO ENFORCE TRAFFIC LAWS.

 

04-0667R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE UNITED STATES OF AMERICA, DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $24,575 TO PROVIDE FOR AUTHORIZED EXPENDITURES UNDER THE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM AND TO AUTHORIZE THE EXPENDITURE OF $2,414 IN REQUIRED MATCHING FUNDS.

 

04-0668R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH ST. LOUIS COUNTY, LAKE COUNTY, COOK COUNTY, THE CITY OF TWO HARBORS, THE CITY OF PROCTOR, THE CITY OF HERMANTOWN, AND THE UNIVERSITY OF MINNESOTA DULUTH PROVIDING FOR THE CITY OF DULUTH TO PARTICIPATE IN THE LAKE SUPERIOR DRUG TASK FORCE.

 

COMMITTEE 3

 

BY COUNCILOR REINERT      (RECREATION, LIBRARIES & AUTHORITIES)

 

04-0663R - RESOLUTION CHANGING ADMINISTRATION OF HAWK RIDGE NATURE PRESERVE.

 

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)

04-0651R - RESOLUTION AFFIRMING A DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO ALLOW THE PLACEMENT OF A 14' X 24' ACCESSORY STORAGE SHED ON PROPERTY WITHOUT A MAIN BUILDING ON PROPERTY LOCATED SOUTHEAST OF THE APPLICANT’S DWELLING AT 422 NORTH 19½ AVENUE WEST (RICHARD WEME).

 

04-0652R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO ALLOW THE PLACEMENT OF A 14' X 24' ACCESSORY STORAGE SHED ON PROPERTY WITHOUT A MAIN BUILDING ON PROPERTY LOCATED SOUTHEAST OF THE APPLICANT’S DWELLING AT 422 NORTH 19½ AVENUE WEST (RICHARD WEME).

 

04-0653R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST BY MENARD, INC., FOR A VARIANCE TO ALLOW A GROUND SIGN TO EXCEED THE HEIGHT LIMITATION FOR THE INSTALLATION OF A 100 FOOT HIGH, 250 SQUARE FOOT GROUND SIGN ON PROPERTY LOCATED AT 503 NORTH 50TH AVENUE WEST.

 

04-0654R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST BY MENARD, INC., FOR A VARIANCE TO ALLOW A GROUND SIGN TO EXCEED THE HEIGHT LIMITATION FOR THE INSTALLATION OF A 100 FOOT HIGH, 250 SQUARE FOOT GROUND SIGN ON PROPERTY LOCATED AT 503 NORTH 50TH AVENUE WEST.

 

04-0673R - RESOLUTION APPROVING THE CITY OF DULUTH TAX ABATEMENT POLICY FOR HOUSING DEVELOPMENTS.

 

04-0675R - RESOLUTION FOR POLICY AGAINST LAYOFF OF EMPLOYEES. (REPLACEMENT)

 

BY PRESIDENT STAUBER             (COMMITTEE OF THE WHOLE)

 

04-0676R - RESOLUTION MAKING FINDINGS AND DETERMINATIONS TO OBJECTIONS OF LAND OWNERS' RELATING TO THE DOWNTOWN WATERFRONT SPECIAL SERVICES 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 NESS                                        (FINANCE)

 

04-063-O - AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $4,300,000 GENERAL OBLIGATION REVENUE BONDS OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL SEWER UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF.

 

COMMITTEE 2

 

BY COUNCILOR GILBERT      (PLANNING & ECONOMIC DEVELOPMENT)

 

04-061-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 34 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO RECLASSIFY FROM R-1-C, ONE-FAMILY RESIDENTIAL DISTRICT TO R-3, APARTMENT RESIDENTIAL, CONTIGUOUS PROPERTY LOCATED NORTH OF OHIO STREET, SOUTH OF BUFFALO STREET, EAST OF BROADWAY AVENUE, AND WEST OF TRIGGS AVENUE (WILLIAM BURNS, HANFT FRIDE, P.A./COLLEGE OF SAINT SCHOLASTICA).

 

BY PRESIDENT STAUBER                      (COMMITTEE OF THE WHOLE)

 

04-060-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAPS 29 AND 35 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION OF R-1-C, ONE-FAMILY RESIDENTIAL DISTRICT, AND R-1-B, ONE-FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY LOCATED BETWEEN MESABA AVENUE; AND EAST SKYLINE PARKWAY, SOUTH OF 12TH STREET AND WEST OF FOURTH AVENUE EAST. THE BUENA VISTA MOTEL AND RESTAURANT SITE IS 1144 MESABA AVENUE (NYLEN, MAGIE & STRUM PROPERTIES).

 

04-064-O - AN ORDINANCE AMENDING CHAPTER 29C OF THE DULUTH CITY CODE, 1959, AS AMENDED, AND THE FAIR HOUSING SUPPLEMENT MADE A PART THEREOF.

 

COMMITTEE 3

 

BY COUNCILOR LITTLE                               (PUBLIC SAFETY)

 

04-062-O - AN ORDINANCE AMENDING CHAPTER 36 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGULATING PAWNBROKERS.

 

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

 

COMMITTEE 1

 

BY COUNCILOR NESS                                        (FINANCE)

 

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

 

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).

 

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.

 

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COUNCILOR QUESTIONS AND COMMENTS

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