AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, November 22, 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 HEARING - 7:30 p.m. - Alcoholic beverage fees.


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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


*          04-1122-01     Susan L. Cannon, et al. (34 signatures), submitting petition to extend 2,630 feet of sanitary sewer within Howard Gnesen Road beginning at Middle Road and extending northerly to Norton Road and 2,070 feet of sanitary sewer within Norton Road beginning at Howard Gnesen Road and extending westerly. -- Received


          04-1122-02     Minnesota Public Interest Research Group (MPIRG) Environmental Task Force submitting communication regarding the proposed reclassification from R-1-b and R-1-c, one family residential districts, 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 (supported by 323 signatures) (04-069-O). -- Received (PREVIOUSLY DISTRIBUTED)


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REPORTS OF OFFICERS


*          04-1122-03     Assessor submitting for confirmation the assessment rolls levied to defray the assessable portions of a permanent alley in 102 Avenue West Alley from Gary Street to McGonagle Street, Contract 5387 (assessable - $28,574.39), and Fond du Lac sanitary sewer and watermain, Contract 5333 (assessable - $695,799.42). -- Received


*          04-1122-04     Engineering division submitting monthly status report of November 1, 2004. -- Received (E-MAILED)


*          04-1122-05     Purchasing agent submitting emergency purchase order awarded to GPM, Inc., to replace a burned out motor at the steam plant. -- Received


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REPORTS OF BOARDS AND COMMISSIONS


*          04-1122-06     Board of zoning appeals minutes of October 26, 2004, meeting. -- Received (E-MAILED)


*          04-1122-07     Commission on disabilities minutes of October 6, 2004, meeting. -- Received (E-MAILED)


*          04-1122-08     Housing and redevelopment authority of Duluth minutes of: (a) June 29; (b) July 27, 2004, meetings. -- Received (E-MAILED)


*          04-1122-09     Parking commission minutes of October 12, 2004, meeting. -- Received (E-MAILED)


*          04-1122-10     Spirit Mountain recreation area authority minutes of October 13, 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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RESOLUTION TABLED


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


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


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MOTIONS AND RESOLUTIONS

 

The following entitled resolution is to be read for the first time:

COMMITTEE 2

 

BY PRESIDENT STAUBER                         (COMMITTEE OF THE WHOLE)

04-0778R - RESOLUTION AMENDING THE STANDING RULES OF THE CITY COUNCIL; CREATING A NEW RULE 19 REGULATING USE OF ELECTRONIC MAIL.


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)


04-0760R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF A PERMANENT ALLEY IN 102ND AVENUE WEST FROM GARY STREET TO McGONAGLE STREET AND THE FOND DU LAC SANITARY SEWER AND WATERMAIN.


04-0769R - RESOLUTION AUTHORIZING THE CITY TREASURER TO ACCEPT ON BEHALF OF THE CITY GIFTS FOR THE GENERAL WELFARE OF AMERICAN INDIAN RESIDENTS OF THE CITY.


04-0771R - RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENTAL LABOR AGREEMENT WITH LOCAL 101 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS


04-0779R - RESOLUTION AUTHORIZING AN AGREEMENT FOR APPRAISAL SERVICES WITH THE VALUATION GROUP, INC., RELATED TO THE MILLER HILL K-MART TAX COURT PROCEEDING IN THE AMOUNT OF $5,000.

 

BY COUNCILOR JOHNSON                             (PERSONNEL)


04-0747R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF UTILITY OPERATIONS LEADWORKER.


04-0754R - RESOLUTION ELECTING MEMBERS TO THE BOARD OF MANAGERS OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO MINNESOTA STATUTES, SECTION 115.23, SUBDIVISION 7.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-0756R - RESOLUTION ACCEPTING A UTILITY EASEMENT ON A PORTION OF VACATED 27TH STREET SOUTH (CITY OF DULUTH/ALEX AND BRENDA KRAMER).


04-0757R - RESOLUTION VACATING STREETS AND ALLEYS UNDER MOUNTAIN VILLAS IN SPIRIT MOUNTAIN (CITY OF DULUTH/SPIRIT MOUNTAIN RECREATION AREA AUTHORITY).


04-0764R - RESOLUTION REQUESTING THE FREE CONVEYANCE OF TAX FORFEITED LAND APPROXIMATELY 460 FEET EAST OF THE EAST END OF VASSAR STREET, A PARCEL OF 200 FEET BY 612 FEET, FOR A 2.8 ACRE FOREST PARK AND TRAILS AREA.


BY PRESIDENT STAUBER                (COMMITTEE OF THE WHOLE)

 

04-0770R - RESOLUTION IN SUPPORT OF A GRANT APPLICATION TO MINNESOTA’S LAKE SUPERIOR COASTAL PROGRAM IN THE AMOUNT OF $100,000 FOR MATCHING FUNDS FOR AMITY CREEK AND TISCHER CREEK PARCEL OWNERSHIP MAPPING PROJECT AND ACCEPTANCE IF GRANTED.

 

COMMITTEE 3

 

BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0759R - RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY 850 FEET OF SANITARY SEWER AND 700 FEET OF WATERMAIN EASTERLY FROM TRINITY ROAD TO SERVE PROPERTIES AT 3300, 3400 AND 3408 TRINITY ROAD.

 

04-0765R - RESOLUTION AWARDING CONTRACT TO VENTURE FUELS FOR PROVIDING COAL IN THE AMOUNT OF AN ESTIMATED ANNUAL TOTAL FOR YEAR 2005/2006 OF $1,184,545 AND FOR YEAR 2006/2007 OF $1,205,909.

 

04-0772R - RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A $8,850 GRANT FROM MNDNR FOR A WATER PROTECTION EDUCATION PROGRAM AND PROVIDE LOCAL MATCH.

 

04-0773R - RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A $12,300 GRANT FROM MNDNR TO FUND A DEMONSTRATION RAIN GARDEN AT THE GARFIELD SERVICE CENTER AND PROVIDE LOCAL MATCH.

 

04-0774R - RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A $14,578 GRANT FROM MNDNR FOR STREAM AND CREEK SIGNAGE ALONG RIGHTS-OF-WAY AND PROVIDING LOCAL MATCH.

 

04-0775R - RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A $14,950 GRANT FROM THE MNDNR FOR THE STORMWATER TEAM EDUCATIONAL OUTREACH PROGRAM AND AUTHORIZING LOCAL MATCH.

 

BY COUNCILOR LITTLE                               (PUBLIC SAFETY)

 

04-0755R - RESOLUTION TO ESTABLISH A ONE STALL HANDICAPPED PARKING ZONE AT VARIOUS LOCATIONS.

 

04-0767R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF JAMES MCCAULEY IN THE AMOUNT OF $13,500.

 

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)

 

04-0777R - RESOLUTION SUPPORTING METERING OF PARKING IN CANAL PARK WITH METER REVENUES TO BE DEPOSITED IN THE GENERAL FUND.

 

COMMITTEE 2

 

BY COUNCILOR GILBERT      (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0739R - RESOLUTION AUTHORIZING AGREEMENT WITH DEDA TO REIMBURSE IT FOR COST OF CONDEMNATION SERVICES RELATED TO THE SAN MARCO PROJECT.

 

04-0751R - 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 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.

 

04-0752R - 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 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.

 

04-0758R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO MINNESOTA TOWERS, INC., AND AMERICAN CELLULAR CORPORATION (DBA CELLULAR ONE) FOR THE INSTALLATION OF A 195 FOOT TOWER DESIGNED TO HOLD FIVE WIRELESS TENANTS ON PROPERTY LOCATED AT 2901 MORRIS THOMAS ROAD, THE NORTHWEST CORNER OF MORRIS THOMAS ROAD AND KARL AVENUE (JAMES BECHTHOLD, MINNESOTA TOWERS, INC., AMERICAN CELLULAR CORPORATION).


04-0763R - RESOLUTION REQUESTING THE FREE CONVEYANCE OF TAX FORFEITED LAND LOCATED SOUTH OF UNBUILT DAVIS STREET, NORTH OF BAYLIS STREET AND OAK BEND DRIVE, EAST OF UNBUILT CONNECTICUT AVENUE AND WEST OF THE UNBUILT BLOCK 13 ALLEY, AN 18 ACRE PUBLIC RECREATION AND OUTDOOR EDUCATION AREA.

 

COMMITTEE 3

 

BY COUNCILORS REINERT AND NESS

 

04-0776R - RESOLUTION SUPPORTING METERING OF PARKING IN CANAL PARK AND DEDICATING REVENUES TO CONSTRUCTION OF CANAL PARK PARKING RAMP.

 

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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 ordinance is to be read for the first time:

 

COMMITTEE 2

 

BY PRESIDENT STAUBER                (COMMITTEE OF THE WHOLE)

 

04-071-O - AN ORDINANCE PERTAINING TO CABLE TELEVISION FRANCHISE.

 

The following entitled ordinances are to be read for the second 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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