AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Tuesday, October 12, 2004, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota
REPLACEMENT 2


ROLL CALL

PLEDGE OF ALLEGIANCE

PUBLIC HEARINGS   - 7:00 p.m. -   Modification of redevelopment plan/municipal development district program plan (04-0697R).

                          7:00 p.m. -    2005 SIP (Morgan Park) (04-0678R).

                          7:30 p.m. -    Resident permit parking zone (34th Avenue East from Ridgewood Road to Fourth Street (04-0694R).


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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


*          04-1012-01     Harlan Hendrickson, et al, (eight signatures), submitting petition to vacate the utility easement between Fourth and Fifth streets between 22nd and 23rd avenues East. -- Assessor


*          04-1012-02     LHB Architects and Engineers submitting petition to reclassify from S to R-1-a 18.7 acres in the N1/2 of the NW1/4 of the SE1/4 of Section 6, T49N, R14W, St. Louis County, Duluth, MN. -- Assessor


*          04-1012-03     Summit Commons, LLC, by Mark Lambert, submitting petition to reclassify from R-1-c and R-1-b to R-3 property described as Blocks 2, 3 and 4 and those parts of Block 5 and 6 lying southwest of Rice Lake Road, including those parts of dedicated unbuilt streets and alleys lying adjacent thereto, in Clague and Prindles Addition to Duluth; those parts of Blocks 38, 39, 42, 43, 44 and 45 lying southwest of Rice Lake Road, including those parts of dedicated unbuilt streets and alleys lying adjacent thereto, in Triggs and Kennedy’s Addition to Duluth. -- Assessor


*          04-1012-04     Minnesota state auditor submitting independent auditor’s report and management and compliance report for the Duluth/North Shore Sanitary District for the year ended December 31, 2003. -- Received  (PREVIOUSLY DISTRIBUTED)


           04-1012-05     The following submitting communications regarding the 2005 street improvement project (Morgan Park) (04-0678R): * (a) Mike Akervik; *(b) Brenda Denton; *(c) Debbie Isabell Nelson; (d) Bill Majewski. -- Received   (E-MAILED)


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REPORTS OF OFFICERS


*          04-1012-06     Assessor submitting:

                       (a)       Affidavit of mailing of notice of public meeting and hearing regarding the 2005 street improvement program. -- Clerk

                       (b)       Letters of insufficiency of petitions for the following:

                                   (1)       Extension of sanitary sewer and watermain within Quince Street beginning at Anderson Road and extending approximately 670 feet easterly;

                                   (2)       Remonstrance petition for reclassification from R-1-c to C-1, property described as Lots 1 through 7 and northerly 11 feet of Lot 8, Block 1 and Lots 1 through 6, Block 2, Myers and Whipples Addition to Duluth;

                       (c)       Letters of sufficiency of petitions for the following:

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

                                   (2)       Reclassification from R-1-c and R-1-b to R-3 property described as Blocks 2, 3 and 4 and those parts of Block 5 and 6 lying southwest of Rice Lake Road, including those parts of dedicated unbuilt streets and alleys lying adjacent thereto, in Clague and Prindles Addition to Duluth; those parts of Blocks 38, 39, 42, 43, 44 and 45 lying southwest of Rice Lake Road, including those parts of dedicated unbuilt streets and alleys lying adjacent thereto, in Triggs and Kennedy’s Addition to Duluth;

                                   (3)       Vacation of the utility easement between Fourth and Fifth streets between 22nd and 23rd avenues East;

                                   (4)       Vacation of 20th Avenue West between Sixth and Seventh streets adjacent to Lots 322 through 330, Block 157, Duluth Proper Second Division. -- Received


*          04-1012-07     Building official submitting appeal to reverse the board of zoning appeals’ decision to deny a request to relax the minimum side yard setback on corner lots from 15 feet to five feet for the construction of an addition to property located at 2635 Minnesota Avenue. -- Committee 2 (Planning and economic development)


*          04-1012-08     City clerk submitting report in the matter of the on sale intoxicating liquor license of Scanlon River Inn, Inc. (Pioneer Bar), 323 West First Street (04-0689R). -- Received  (E-MAILED)


*          04-1012-09     Engineering division monthly project status report of September 1, 2004. -- Received


*          04-1012-10     Parks and recreation department director submitting Lake Superior zoological society minutes of: (a) July 21; (b) September 22, 2004, meetings. -- Received


*          04-1012-11     Purchasing agent submitting emergency order awarded to Interstate Companies, Inc., for the repair of a aerial fire truck transmission. -- Received


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REPORTS OF BOARDS AND COMMISSIONS

 

*          04-1012-12     Board of zoning appeals minutes of September 28, 2004, meeting. -- Received (E-MAILED)


*          04-1012-13     Duluth airport authority:  (a) Balance sheet for month ended July 31, 2004; (b) Minutes of:  (1) August 17; (2) August 24, 2004, meetings. -- Received  (E-MAILED)


*          04-1012-14     Duluth/North Shore Sanitary District board minutes of August 3, 2004, meeting. -- Received (E-MAILED)


*          04-1012-15     Duluth transit authority:  (a) Expense analysis for July 2004; (b) Minutes of June 30, 2004, meeting. -- Received (E-MAILED)


*          04-1012-16     Housing and redevelopment authority minutes of:  (a) June 2; (b) June 23, 2004, meetings. -- Received (E-MAILED)


*          04-1012-17     Parks and recreation commission minutes of July 14, 2004, meeting. -- Received (E-MAILED)


*          04-1012-18     Seaway Port authority of Duluth minutes of:  (a) February 26; (b) March 25; (c) April 21; (d) May 10; (e) July 19, 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 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). (TABLED 9/27)


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). (TABLED 9/27)


04-0653R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST BY MENARDS 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. (TABLED 9/27)


04-0654R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST BY MENARDS 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. (TABLED 9/27)


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 


04-0664R - RESOLUTION ORDERING THE CONSTRUCTION OF AN EIGHT INCH WATERMAIN IN ETHEL AVENUE FROM SPRINGVALE ROAD TO 365 FEET NORTHERLY AT AN ESTIMATED COST OF $101,200 (CITY JOB NO. 0456WA). (TABLED 9/27)


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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)

 

04-0698R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO LINCOLN PARK BUSINESS GROUP AND MINNESOTA FRATERNAL ORDER OF POLICE AND WAIVING THE 60 DAY WAITING PERIOD.

 

04-0699R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO ADOPT - A DENFELD ORGAN PROJECT.

 

04-0700R - RESOLUTION ISSUING AN ON SALE SUNDAY INTOXICATING LIQUOR LICENSE TO DWAYNE & KIMBERLY, INC.(THE KOM ON INN), 332 NORTH 57TH AVENUE WEST.


BY COUNCILOR JOHNSON                             (PERSONNEL)


04-0632R - RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF ENVIRONMENTAL PROJECTS COORDINATOR AND SPECIFYING CONTRACT BENEFITS FOR SAME.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-0679R - RESOLUTION VACATING A PORTION OF 42ND AVENUE WEST LOCATED SOUTH OF GRAND AVENUE (A&L PROPERTIES).


04-0683R - RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE CDBG PROPERTY REHABILITATION AND HOMEOWNERSHIP SERVICES PROJECT AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES (NHS) EXTENDING THE TERM OF THE AGREEMENT.


04-0684R - RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE HOME PROGRAM HOUSING DEVELOPMENT PROJECTS AGREEMENT WITH HABITAT FOR HUMANITY-DULUTH (HABITAT) EXTENDING THE TERM OF THE AGREEMENT.


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


04-0677R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH LAVONNE R. BERTUCCI, INDEPENDENT LICENSED TEACHER, TO PROVIDE BASIC EDUCATION SERVICES AT THE DULUTH WORKFORCE CENTER AT A COST OF $23,400.


04-0690R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH ST. LOUIS COUNTY TO ACCEPT FUNDS IN ORDER TO PROVIDE MINNESOTA FAMILY INVESTMENT PROGRAM EMPLOYMENT AND TRAINING SERVICES IN THE AMOUNT OF $560,335 FOR THE PERIOD JULY 1, 2004, TO DECEMBER 31, 2004.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-0681R - RESOLUTION AUTHORIZING ACCEPTANCE OF LAND DONATION IN THE MAGNEY-SNIVELY FOREST AREA FROM THE HEIRS OF JOHN F. AND OLGA LOCKS.


04-0688R - RESOLUTION AWARDING CONTRACT TO ERLING R. HANSEN CONTRACTOR FOR LAKEWOOD PUMP STATION IMPROVEMENT IN THE AMOUNT OF $86,650.


COMMITTEE 3


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0691R - RESOLUTION AUTHORIZING PURCHASE OF A MOBILE COMMAND CENTER FROM LDV, INC., FOR $406,613.


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)


04-0682R - RESOLUTION ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2005.

 

04-0703R - RESOLUTION CONCERNING CIVILITY IN POLITICAL CAMPAIGNS.


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


04-0689R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF SCANLON RIVER INN, INC. (PIONEER BAR), 323 WEST FIRST STREET.


BY COUNCILORS STEWART AND NESS

 

04-0702R - RESOLUTION EXPRESSING A DESIRE TO PRESERVE CITY SERVICES AND AVOID LAYOFFS.

 

COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

 

04-0655R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 25 FEET TO 19 FEET FOR THE CONSTRUCTION OF AN ADDITION TO THE DWELLING ON PROPERTY LOCATED AT 2635 MINNESOTA AVENUE (ALEX AND BRENDA KRAMER).


04-0656R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 25 FEET TO 19 FEET FOR THE CONSTRUCTION OF AN ADDITION TO THE DWELLING ON PROPERTY LOCATED AT 2635 MINNESOTA AVENUE (ALEX AND BRENDA KRAMER).


04-0687R - RESOLUTION MODIFYING REDEVELOPMENT PLAN/MUNICIPAL DEVELOPMENT DISTRICT PROGRAM PLAN DATED MAY 15, 1989.


04-0692R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM SIDE YARD SETBACK ON A CORNER LOT FROM 15 FEET TO FIVE FEET FOR THE CONSTRUCTION OF AN ADDITION TO THE DWELLING ON PROPERTY LOCATED AT 2635 MINNESOTA AVENUE (ALEX AND BRENDA KRAMER).


04-0693R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM SIDE YARD SETBACK ON A CORNER LOT FROM 15 FEET TO FIVE FEET FOR THE CONSTRUCTION OF AN ADDITION TO THE DWELLING ON PROPERTY LOCATED AT 2635 MINNESOTA AVENUE (ALEX AND BRENDA KRAMER).

 

04-0697R - RESOLUTION VACATING PORTIONS OF 27TH STREET SOUTH BETWEEN MINNESOTA AVENUE AND ST. LOUIS HARBOR ON PARK POINT (KRAMER - KOSKI).

 

04-0701R - RESOLUTION SETTING FEE FOR JOBZ APPLICATION AND MONITORING.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-0678R - RESOLUTION REAFFIRMING RESOLUTION 04-0192 ORDERING THE IMPROVEMENT KNOWN AS THE 2005 STREET IMPROVEMENT PROGRAM PURSUANT TO SECTION 612(b) OF THE HOME RULE CHARTER OF THE CITY OF DULUTH AT AN ESTIMATED COST OF $4,608,620.

 

04-0680R - RESOLUTION CONCERNING CITY COUNCILORS’ MEMBERSHIP IN DULUTH AREA CHAMBER OF COMMERCE. (REPLACEMENT)

 

04-0685R - RESOLUTION ORDERING THE CONSTRUCTION OF PERMANENT STREETS, SANITARY AND STORM SEWERS, WATERMAINS AND GAS MAINS IN BUTTERNUT AVENUE FROM HICKORY STREET TO CUL-DE-SAC AT AN ESTIMATED COST OF $234,000 (CITY JOB NO. 0325TR).

 

BY COUNCILOR REINERT          (RECREATION, LIBRARIES & AUTHORITIES)

 

04-0704R - RESOLUTION REQUESTING DELAY IN DECISION ON CLOSING SCHOOLS.

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0694R - RESOLUTION AMENDING RESOLUTION 89-0652 ADDING PART OF 34TH AVENUE EAST TO RESIDENTIAL PARKING PERMIT ZONES.


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED


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) (TABLED 9/27)


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


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-065-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 42 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM S, SUBURBAN, TO R-1-A, ONE-FAMILY RESIDENTIAL DISTRICT, PROPERTY LOCATED EAST OF WOODLAND AVENUE AND NORTH OF PLEASANT VIEW AVENUE (CARLSON/NELSON).


BY COUNCILORS ATKINS AND STOVER

 

04-066-O - AN ORDINANCE AMENDING ORDINANCE 9688; CREATING AN ADVISORY COMMITTEE FOR THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT.

 

COMMITTEE 3

 


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-058-O - AN ORDINANCE AUTHORIZING DEDICATION OF A STREET EASEMENT OVER CERTAIN CITY PROPERTY IN THE ENGER PARK AREA AND THE SALE OF THE REMAINDER TO PETER L. AND JUDITH A. GEMUENDEN.


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


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COUNCILOR QUESTIONS AND COMMENTS

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