AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, November 8, 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. - JOBZ business subsidy (Fineli Restoration, Inc. - 04-0746R);

                                      7:30 p.m. - JOBZ business subsidy (TrueRide, Inc. - 04-0745R).


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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


*          04-1108-01     Kile Haugland, et al. (64 signatures), submitting petition objecting to Ordinance No. 9688, establishing the Downtown Waterfront Special Service District and Resolution 04-0596, authorizing entering into a service contract with the Greater Downtown Council to provide services to implement the district. -- Assessor


*          04-1108-01     Peg Hom, et al. (11 signatures), submitting petition to surface Bay View Alley from Piedmont Avenue to West Diamond Avenue with asphalt. -- Assessor


*          04-1108-03     One West Condominium Association, Inc., by James C. Jarocki, submitting petition to vacate that portion of the sidewalk easement on Lake Avenue and West Superior Street adjacent to the building at One West Superior Street. -- Assessor


*          04-1108-04     Don Kinsey submitting communication (supported by 344 signatures) regarding the proposed reclassification from R-1-b to R-3 of the property located southwest of Rice Lake Road between Blackman and Pecan avenues (04-069-O). -- Received


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REPORTS OF OFFICERS


*          04-1108-07     Assessor submitting:

                       (a)       Affidavit of mailing of notice of special assessment board meeting to be held at 3:30 p.m. on Tuesday, November 14, 2004, in Room 106A, First Floor, City Hall, regarding the proposed utility improvement in Trinity Road - sanitary sewer and watermain (estimated cost of project - $115,500). -- Clerk

                       (b)       Letter of insufficiency of petition objecting to Ordinance No. 9688, establishing the Downtown Waterfront Special Service District and Resolution 04-0596, authorizing entering into a service contract with the Greater Downtown Council to provide services to implement the district;
                       (c)       Letters of sufficiency of petitions to:
                                  (1)       Resurface Bay View Alley from Piedmont Avenue to West Diamond Avenue with asphalt;
                                  (2)       Vacate:
                                              (A)        That portion of 47th Avenue East lying southeasterly of the right-of-way of London Road;
                                              (B)        That portion of the sidewalk easement on Lake Avenue and West Superior Street adjacent to the building at One West Superior Street. -- Received

 

*          04-1108-08 Building official submitting appeal of the board of zoning appeals’ decision to deny a request to relax the minimum front yard setback from 25 feet to 22 feet and the minimum rear yard setback from 25 feet to 19 feet for the construction of an eight unit condominium/townhouse building on property located at 908-26 Lake Avenue South (Sola Properties, LLC). -- Committee 2 (Planning and economic development)


*          04-1108-09     Clerk submitting application to the Minnesota gambling control board for exemption from lawful gambling license from St. James School on April 14, 2005 (raffle). -- Received


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REPORTS OF BOARDS AND COMMISSIONS


*          04-1108-10     Duluth airport authority unaudited balance sheet dated August 31, 2004. -- Received


*          04-1108-11     Duluth state convention center administrative board minutes of September 28, 2004, meeting. -- Received (E-MAILED)


*          04-1108-12     Duluth transit authority:  (a) Minutes of August 31, 2004, meeting; (b) Monthly expense analysis for July, 2004. -- 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)


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


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. (TABLED 10/25)


04-0714R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS, INC., FOR BAYWALK EXTENSION, IN THE AMOUNT OF $168,000. (TABLED 10/25)


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. (TABLED 10/25)


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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)


04-0734R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF $4,045,000 GENERAL OBLIGATION SEWER UTILITY REVENUE BONDS, SERIES 2004D, AND $1,355,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2004E.


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


04-0743R - RESOLUTION AWARDING CONTRACT TO UNITED ELECTRIC COMPANY FOR QL INDUCTION LIGHTING SYSTEM IN THE AMOUNT OF $62,136.36.

 

04-0748R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO GREATER TWIN CITIES AREA MUSCULAR DYSTROPHY ASSOCIATION AND WAIVING THE 60 DAY WAITING PERIOD.

 

04-0749R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO DULUTH AMATEUR YOUTH BASKETBALL ASSOCIATION.

BY COUNCILOR JOHNSON                             (PERSONNEL)


04-0736R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF SENIOR PROGRAMS DIRECTOR INCLUDING A TITLE CHANGE TO ASSOCIATE DIRECTOR, PARKS AND RECREATION OFFICE AND SENIOR PROGRAMS; AND SPECIFYING CONTRACT BENEFITS FOR SAME.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-0744R - RESOLUTION VACATING PORTIONS OF THE UTILITY EASEMENT IN THE ALLEY BETWEEN EAST FOURTH STREET AND EAST FIFTH STREET, FROM 22ND AVENUE EAST TO 23RD AVENUE EAST (HARLAN AND ANNE HENDRICKSON).


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-0727R - RESOLUTION DESIGNATING SEWER BASINS 25 AND 26 FOR I&I ENFORCEMENT UNDER CHAPTER 43 AND GIVING NOTICE TO AFFECTED PROPERTIES.


04-0738R - RESOLUTION AUTHORIZING PAYMENT OF $13,425.94 TO SLCSWCD AS AGENT FOR MILLER CREEK JOINT POWERS BOARD AS LOCAL SHARE OF MILLER CREEK SEDIMENT TRAP PROJECT.


04-0740R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SALVATION ARMY RELATING TO DISTRIBUTION OF EMERGENCY ENERGY ASSISTANCE FUNDS IN THE AMOUNT OF $16,086.


04-0742R - RESOLUTION AWARDING CONTRACT TO EPG COMPANIES, INC., FOR SCADA TELEMETRY SYSTEM UPGRADE IN THE AMOUNT OF $14,500.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0735R - RESOLUTION AMENDING RESOLUTION 04-0409 AUTHORIZING THE CITY TO APPLY FOR AND ACCEPT A TERRORISM PREVENTION PROGRAM GRANT FOR AN INTEROPERABLE RADIO COMMUNICATIONS SYSTEM FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, HOMELAND SECURITY EMERGENCY MANAGEMENT DIVISION, TO INCREASE THE AMOUNT OF THE GRANT BY $3,038 FOR A NEW TOTAL OF $308,523.


04-0741R - RESOLUTION AUTHORIZING ACCEPTANCE OF 2003 HOMELAND SECURITY CRITICAL INFRASTRUCTURE, ENHANCED INTERNATIONAL BORDER SECURITY, GRANT FROM THE STATE OF MINNESOTA IN THE AMOUNT OF $149,548 FOR THE DULUTH POLICE DEPARTMENT.


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


04-0708R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH AMATEUR YOUTH BASKETBALL ASSOCIATION PROVIDING FOR THE ASSOCIATION’S USE OF THE WASHINGTON RECREATION CENTER FOR ITS PROGRAM ACTIVITIES.


04-0716R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH HEAD OF THE LAKES PROMOTIONS AND EVENTS, INC., PROVIDING FOR THE OPERATION AND USE OF THE LOWER CHESTER ICE SKATING FACILITY.


04-0717R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH RIVERSIDE COMMUNITY CLUB, AN UNINCORPORATED ASSOCIATION, PROVIDING FOR THE CLUB’S SHARED USE OF THE RIVERSIDE COMMUNITY RECREATION CENTER FOR ITS PROGRAM ACTIVITIES.


04-0733R - RESOLUTION AUTHORIZING EXECUTION OF A $5,000 GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR MAINTENANCE OF CROSS COUNTRY SKI TRAILS.


END OF CONSENT AGENDA


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


COMMITTEE 1


BY COUNCILOR JOHNSON                             (PERSONNEL)


04-0730R - RESOLUTION APPOINTING ____________________ TO SEAWAY PORT AUTHORITY OF DULUTH REPLACING HELENA E. JACKSON.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-0745R - RESOLUTION AUTHORIZING A JOB OPPORTUNITY BUILDING ZONE (JOBZ) BUSINESS SUBSIDY AGREEMENT WITH TRUERIDE, INC., EPICUREAN CUTTING SURFACES, INC., LOLL DESIGNS, INC., AND HAWKS BOOTS, LLC. (REPLACEMENT)


04-0746R - RESOLUTION AUTHORIZING A JOB OPPORTUNITY BUILDING ZONE (JOBZ) BUSINESS SUBSIDY AGREEMENT WITH FINELI RESTORATION, INC. (REPLACEMENT)

 

BY PRESIDENT STAUBER                   (COMMITTEE OF THE WHOLE)

 

04-0750R - RESOLUTION DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD NOVEMBER 2, 2004.

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED


COMMITTEE 2


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) (TABLED 10/25)


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


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-067-O - AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XXXI, OF DULUTH CITY CODE, 1959, AS AMENDED; PERTAINING TO TAX BASE IMPACT STATEMENT.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-068-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 21, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM M-1, MANUFACTURING, TO R-3, APARTMENT RESIDENTIAL, PROPERTY BOUNDED BY FIRST STREET, 25TH AVENUE WEST AND SECOND STREET ALLEY (THARALDSON AND BERGH, ET AL.). (REPLACEMENT)


04-069-O - AN ORDINANCE AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 28 AND 34, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE-FAMILY RESIDENTIAL DISTRICT, AND R-1-C, ONE FAMILY RESIDENTIAL DISTRICT, TO R-3, APARTMENT RESIDENTIAL DISTRICT, PROPERTY ON THE SOUTHWEST SIDE OF RICE LAKE ROAD, ROUGHLY BETWEEN PECAN AVENUE AND HOMES THAT FRONT ON BLACKMAN AVENUE AND NORTH OF THE UNBUILT DAVIS STREET RIGHT-OF-WAY (MARK LAMBERT/SUMMIT MANAGEMENT, LLC).


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-070-O - AN ORDINANCE AUTHORIZING AGREEMENT WITH OLIVER COMPANIES, INC., FOR SALE OF THE WATER AND GAS BUILDING. (REPLACEMENT)

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COUNCILOR QUESTIONS AND COMMENTS

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