AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, October 25, 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


*          04-1012-01     City of Duluth submitting petition to vacate Roe Street between the easterly right-of-way of 96th Avenue West and the westerly right-of-way of 94th Avenue West; alleys in Blocks 2, 3, 13, 14 and 15; 96th Avenue West between Blocks 3 and 4 and 13 and 14; 95th Avenue West between Blocks 2 and 3 and 14 and 15, all in Mesaba Heights Addition to Duluth. -- Assessor


*          04-1025-02     John Klaers, et al. (three signatures), submitting petition to reconstruct 100 feet of 12th Avenue West, south of West Third Street. -- Assessor


*          04-1025-03     Waugh Mahoney, Inc., et al. (four signatures), submitting petition to vacate that portion of 47th Avenue East lying southeasterly of the right-of-way of London Road. -- Assessor


*          04-1025-04     Greater Downtown Council, by Kristi Stokes, submitting steering committee’s draft plan for an advisory committee to the Downtown Waterfront Special Service District (04-066-O). -- Received (E-MAILED)

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REPORTS OF OFFICERS

 

*          04-1025-05     Assessor submitting letter of sufficiency of petitions regarding the following:

                       (a)       Reclassification 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;

                       (b)       Reconstruction of 100 feet of 12th Avenue West, south of West Third Street. -- Received

 

*          04-1025-06     Engineering division monthly project status report of October 1, 2004. -- Received


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REPORTS OF BOARDS AND COMMISSIONS


*          04-1025-07     Commission on disabilities minutes of September 1, 2004, meeting. -- Received (E-MAILED)


*          04-1025-08     Duluth human rights commission minutes of October 13, 2004, meeting. -- Received (E-MAILED)


*          04-1025-09     Duluth/North Shore Sanitary District board minutes of August 3, 2004, meeting. -- Received (E-MAILED)


*          04-1025-10     Parks and recreation commission minutes of September 8, 2004, meeting. -- Received (E-MAILED)


*          04-1025-11     Spirit Mountain recreation area authority minutes of September 14, 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)

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)


04-0682R - RESOLUTION ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2005. (TABLED 10/12)


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


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. (TABLED 9/27)


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. (TABLED 9/27)


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 61(b) OF THE HOME RULE CHARTER OF THE CITY OF DULUTH AT AN ESTIMATED COST OF $4,608,620. (TABLED 10/12)


04-0680R - RESOLUTION CONCERNING CITY COUNCILORS’ MEMBERSHIP IN DULUTH AREA CHAMBER OF COMMERCE. (REPLACEMENT) (TABLED 10/12)


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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)


04-0713R - RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, STATING THE INTENT TO ISSUE GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2004.

 

04-0721R - RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENTAL LABOR AGREEMENTS WITH THE CITY OF DULUTH SUPERVISORY ASSOCIATION, LOCAL 101 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AND DULUTH POLICE LOCAL.


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


04-0709R - RESOLUTION APPROVING THE RENEWAL OF A MINNESOTA CURRENCY EXCHANGE LICENSE TO CASH STATION LLC, DBA MONEYXCHANGE.


04-0710R - RESOLUTION APPROVING THE RENEWAL OF A MINNESOTA CURRENCY EXCHANGE LICENSE TO PAWN AMERICA MINNESOTA, LLC.


BY COUNCILOR JOHNSON                             (PERSONNEL)


04-0711R - RESOLUTION CONFIRMING THE APPOINTMENT OF TONI THORSTAD TO THE DULUTH HUMAN RIGHTS COMMISSION, REPLACING CARL CRAWFORD.


04-0712R - RESOLUTION CONFIRMING THE APPOINTMENT OF JOHN T. MOIR TO THE TREE COMMISSION, REPLACING STEPHEN W. CHRISTOPHER.


04-0723R - RESOLUTION CONFIRMING THE APPOINTMENTS OF JOYCELYN DORSCHER AND EVELYN TANNER TO THE AMERICAN INDIAN COMMISSION, REPLACING RICK ZIEGLER AND JOHN MORRIN.


04-0724R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF BRYAN JENSEN, VALERIE LaPORTE AND DAVID MOBERG AND THE APPOINTMENTS OF CLAIRE JASPER AND SHANNON McCARTHY BICHA, REPLACING JOAN J. MORRISON AND NINA FOBEAR BUSSA, TO THE COMMISSION ON DISABILITIES. (REPLACEMENT)


04-0725R - RESOLUTION CONFIRMING THE APPOINTMENT OF DAWN LORAAS TO THE DULUTH PUBLIC ARTS COMMISSION, REPLACING CECILIA LIEDER.

 

04-0728R - RESOLUTION CONFIRMING THE APPOINTMENTS OF ROBERT A. BERQUIST AND MARK R. SANDAHL TO THE ANIMAL HUMANE BOARD, REPLACING JANE AYNESWORTH AND PATRICIA WHEELER.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-0715R - RESOLUTION AMENDING RESOLUTION 04-0550 AWARDING CONTRACT TO VISU-SEWER CLEAN AND SEAL, INC., FOR CONSTRUCTION OF CIPP REHABILITATION OF SANITARY SEWER IN VARIOUS LOCATIONS, TO INCREASE THE AMOUNT BY $82,807.50 FOR A NEW TOTAL OF $262,758.95.

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0718R - RESOLUTION TO ESTABLISH ONE-STALL HANDICAPPED PARKING ZONES AT VARIOUS LOCATIONS.


END OF CONSENT AGENDA


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

 

COMMITTEE 1

 

BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

04-0686R - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH BLUE CROSS AND BLUE SHIELD OF MINNESOTA TO PROVIDE ADMINISTRATIVE SERVICES AND STOP LOSS INSURANCE TO THE CITY GROUP HEALTH PLAN DURING YEAR 2005, AT AN ESTIMATED COST TO THE CITY OF $1,025,504.

 

04-0729R - RESOLUTION AUTHORIZING A SALE OF TWO CATERPILLAR MOTOR GRADERS TO ZIEGLER, INC., IN ACCORDANCE WITH ITS BID OF $241,000.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-0705R - RESOLUTION ACCEPTING REIMBURSEMENT FROM DEDA FOR BAYWALK CONSTRUCTION EXPENSES RELATING TO BUILDING N IN THE AMOUNT OF $298,900, AUTHORIZING A BAYWALK EASEMENT AGREEMENT WITH BUILDING N, INC., AND REPEALING RESOLUTION 04-0039.

 

04-0706R - RESOLUTION GRANTING TO LAKEWALK TOWNHOMES, LLC, A SPECIAL USE PERMIT FOR A TOWNHOUSE OR GROUP DWELLINGS FOR PROPERTY LOCATED BETWEEN INTERSTATE HIGHWAY 35 AND THE LAKE SUPERIOR SHORELINE AND BETWEEN 23RD AND 25TH AVENUES EAST (LAKEWALK TOWNHOMES, LLC).


04-0707R - RESOLUTION VACATING PORTIONS OF WATER STREET; 24TH AVENUE EAST; 25TH AVENUE EAST; 23RD ALLEY EAST AND 23-1/2 ALLEY EAST; ALL LOCATED EAST OF 23RD AVENUE EAST AND BELOW I-35 (LAKEWALK TOWNHOMES, LLC).

 

04-0714R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS, INC., FOR BAYWALK EXTENSION IN THE AMOUNT OF $168,000.

 

04-0719R - RESOLUTION GRANTING A PETITION TO AMEND THE KENWOOD SHOPPING CENTER C-3 SHOPPING CENTER DISTRICT PLAN TO ELIMINATE CONDITIONS THREE AND FOUR OF THE MARCH 12, 1973, CITY COUNCIL RESOLUTION WHICH REQUIRES THE OWNER TO MAINTAIN THE PEDESTRIAN WAY THAT EXTENDS SOUTH FROM THE SHOPPING CENTER TO BUFFALO STREET (THOMAS O’BRIEN/BARRINGTON WALDORF, LLC, ET AL.).


04-0720R - RESOLUTION DENYING A PETITION TO AMEND THE KENWOOD SHOPPING CENTER C-3 SHOPPING CENTER DISTRICT PLAN TO ELIMINATE CONDITIONS THREE AND FOUR OF THE MARCH 12, 1973, CITY COUNCIL RESOLUTION WHICH REQUIRES THE OWNER TO MAINTAIN THE PEDESTRIAN WAY THAT EXTENDS SOUTH FROM THE SHOPPING CENTER TO BUFFALO STREET (THOMAS O’BRIEN/BARRINGTON WALDORF, LLC, ET AL.).

 

04-0722R - RESOLUTION AUTHORIZING AN AGREEMENT WITH LAKEWALK TOWNHOMES L.L.C. AND DEDA FOR THE DEVELOPMENT OF A TOWNHOME DEVELOPMENT AND LAKEWALK FACILITIES ADJACENT TO LAKE SUPERIOR AT 24TH AVENUE EAST.

 

04-0726R - RESOLUTION APPROVING DEDA RESOLUTION 04D-92 AUTHORIZING DEDA CONDEMNATION OF LOTS 44, 46 AND 48, WEST THIRD STREET, DULUTH PROPER FIRST DIVISION, FOR CREATION OF A RESIDENTIAL FACILITY FOR CHRONIC ALCOHOLICS.

 

COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0696R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE UNIVERSITY OF MINNESOTA IN THE AMOUNT OF $45,580 TO EXPAND THE REGIONAL EDUCATION OUTREACH OF THE WEBSITE, duluthstreams.org.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0695R - RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY TO ACQUIRE PROPERTY FOR AN ANIMAL SHELTER FOR $500.

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCES TABLED


COMMITTEE 2


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). (TABLED 10/12)


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. (TABLED 10/12)


The following entitled ordinances are to be read for the second 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 COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


04-066-O - AN ORDINANCE AMENDING ORDINANCE 9688; CREATING AN ADVISORY COMMITTEE FOR THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT. (REPLACEMENT 2)


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.


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COUNCILOR QUESTIONS AND COMMENTS

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