AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, December 6, 2004, 7:00 p.m.

Council Chamber, Third Floor, City Hall

411 West First Street, Duluth, Minnesota

REPLACEMENT

 

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES - August 9, 19 and 23, 2004.

PUBLIC HEARINGS - 7:00 p.m. - Residential Services of NE Minnesota, Inc., tax exempt bond issuance.

                                     7:00 p.m. - 2005 budget and levy.

                                     7:00 p.m. - 2005-2009 Capital Improvement Plan.


- - -

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]

- - -


PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS


*          04-1206-01     Allete, Inc., submitting petition to vacate a portion of the existing public skywalk space located on the first floor of the Lake Superior Place building. -- Assessor


*          04-1206-02     Cliff Lanthier, et al. (eight signatures), submitting petition to reclassify from M-1 to C-2 property described as Lots 17 - 21, Marine Division of Duluth. -- Assessor


*          04-1206-3       Steven Long, et al. (three signatures), submitting petition to vacate the pedestrian easement in that part of St. Andrews Street in Lot 1, Block 22, Glen Avon between the west line of Dunedin Avenue and the west line of Block 2, Glen Avon. -- Assessor


*          04-1206-4       Eric Mandelin submitting communication requesting retention of police and fire department positions (04-072-O). -- Received


*          04-1206-05     The following submitting communications regarding construction of a sanitary sewer within Howard Gnesen Road (04-0789R):  (a) Dennis and Ann Empey (2); (b) Deborah and Brian Richardson. -- Received (E-MAILED)

- - -

 

REPORTS OF OFFICERS


*          04-1206-06     Assessor submitting letter of sufficiency of 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


*          04-1206-07     Clerk submitting application to the Minnesota gambling control board for exemption from lawful gambling license from St. Louis and Carlton County Chapter of Pheasants Forever on February 11, 2005 (raffle). -- Received


*          04-1206-08     Parks and recreation department director submitting Lake Superior zoological society minutes of November 17, 2004, meeting. -- Received


- - -


REPORTS OF BOARDS AND COMMISSIONS


*          04-1206-09     Duluth airport authority:  (a) Unaudited balance sheet dated September 30, 2004; (b) Minutes of October 19, 2004, meeting. -- Received


*          04-1206-10     Duluth human rights commission minutes of September 8, 2004, meeting. -- Received


*          04-1206-11     Duluth transit authority:  (a) Income statement for September 2004; (b) Minutes of September 29, 2004, meeting. -- Received

____________________

* Listed only, not copied.

- - -


REPORTS OF COUNCIL COMMITTEES


- - -


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)

- - -


OPPORTUNITY FOR CITIZENS TO BE HEARD


- - -


RESOLUTION TABLED


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


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

(REPLACEMENT) (AMENDMENT)

- - -

 

MOTIONS AND RESOLUTIONS


The following entitled resolution is to be read for the second 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. (REPLACEMENT)


- - -

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)


04-0782R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF CRYSTAL DRIVE DEVELOPMENT AND THE ROSLYN AVENUE SANITARY SEWER AND WATERMAIN REPLACEMENT.


04-0787R - RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2005, TO DECEMBER 31, 2005, OPERATION BUDGET FO THE DULUTH AIRPORT AUTHORITY.


04-0788R - RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2005, TO DECEMBER 31, 2005, OPERATION BUDGET OF THE DULUTH STEAM DISTRICT NO. 2.


04-0790R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH-SUPERIOR PUBLIC ACCESS COMMUNITY TELEVISION, INC., FOR COMMUNITY ACCESS CABLECASTING, TRAINING, PRODUCTION AND ADMINISTRATIVE SERVICES IN 2005 IN THE AMOUNT OF $178,000.


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


04-0753R - RESOLUTION AWARDING CONTRACT TO CORPORATE EXPRESS, INC., FOR OFFICE SUPPLIES AS NEEDED DURING YEAR 2005, YEAR 2006 AND YEAR 2007 IN THE AMOUNT OF APPROXIMATELY $175,000 PER YEAR FOR A THREE YEAR ESTIMATED TOTAL OF $525,000.


04-0766R - RESOLUTION AWARDING CONTRACT TO DULUTH NEWS TRIBUNE AS THE OFFICIAL NEWSPAPER OF THE CITY FOR THE YEAR 2005.


04-0795R - RESOLUTION AWARDING CONTRACT TO AMENDOLA CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION IMPROVEMENTS AT LONGVIEW TENNIS CLUB IN THE AMOUNT OF $28,545.


04-0798R - RESOLUTION AWARDING CONTRACT TO K.T.M. PAVING FOR SNOW PLOWING OF MUNICIPAL PARKING LOTS AND RAMPS AS NEEDED DURING WINTER SEASON YEAR 2004/2005 AT AN ESTIMATED AMOUNT OF $25,000.


04-0803R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO PIEDMONT HEIGHTS HOCKEY ASSOCIATION.


04-0804R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE TO ARROWHEAD LIMBHANGERS - NWTF AND MUSKIES, INC, LAKE SUPERIOR CHAPTER.


BY COUNCILOR JOHNSON                             (PERSONNEL)


04-0780R - RESOLUTION CONFIRMING THE APPOINTMENT OF ALAN P. JOHNSON TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY, REPLACING SIDNEY R. MASON.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


04-0768R - RESOLUTION GIVING APPROVAL TO A PROJECT BY RESIDENTIAL SERVICES OF NORTHEASTERN MINNESOTA, INC., UNDER MINNESOTA STATUTES, SECTION 469.152 THROUGH 469.165 AND APPROVING A JOINT POWERS AGREEMENT.


04-0802R - RESOLUTION RATIFYING DENIAL OF A SPECIAL USE PERMIT TO JAMES BECHTHOLD, MINNESOTA TOWER, INC., AND AMERICAN CELLULAR CORPORATION TO ERECT A 195 FOOT TOWER ON PROPERTY LOCATED AT 2901 MORRIS THOMAS ROAD.


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


04-0792R - RESOLUTION IN SUPPORT OF A GRANT APPLICATION TO MINNESOTA’S LAKE SUPERIOR COASTAL PROGRAM FOR MATCHING FUNDS FOR THE CONSTRUCTION OF PHASE II OF THE GRASSY POINT TRAIL.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-0781R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF WILLIAM G. COSSETTE AND DIANE M. COSSETTE IN THE AMOUNT OF $45,000.


04-0791R - RESOLUTION AUTHORIZING SEASONAL CLOSING OF PORTIONS OF SKYLINE PARKWAY.


04-0793R - RESOLUTION AWARDING CONTRACT TO TWIN CITIES MACK AND VOLVO TRUCK FOR TWO MACK TRUCK CAB AND CHASSIS IN THE AMOUNT OF $198,257.25.


04-0796R - RESOLUTION AWARDING CONTRACT TO MARKHURD, INC., FOR AERIAL PHOTOGRAPHY MAPPING SERVICES IN THE AMOUNT OF $11,780.


04-0800R - RESOLUTION AWARDING CONTRACT TO TWIN CITIES MACK AND VOLVO TRUCK FOR TWO MACK TRUCK CAB AND CHASSIS SINGLE AXLE IN THE AMOUNT OF $175,439.27.


04-0805R - RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR CEDAR RIDGE ESTATES DEVELOPMENT.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0731R - RESOLUTION TO ESTABLISH NO PARKING ON VARIOUS STREETS.


04-0732R - RESOLUTION TO RESCIND THE DESIGNATION AND ESTABLISHMENT AS A ONE WAY STREET THAT PART OF TENTH STREET BETWEEN PIEDMONT AVENUE AND 22ND AVENUE WEST.


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


04-0794R - RESOLUTION AWARDING CONTRACT TO MINNESOTA ARMY NATIONAL GUARD FOR VOLLEYBALL COURT RENTAL IN THE AMOUNT OF $10,260.


04-0808R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH COMMUNITY GARDEN PROGRAM, INC., ALLOWING THE NONPROFIT CORPORATION TO USE UNMAINTAINED PARKLANDS FOR A COMMUNITY GARDEN AT A RENTAL PRICE OF $50 PER YEAR.


04-0811R - RESOLUTION AMENDING RESOLUTION 03-0813R ESTABLISHING GOLF COURSE RATES.


END OF CONSENT AGENDA


- - -


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


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-0783R - RESOLUTION APPROVING DEDA’S GENERAL, DEBT SERVICE, CAPITAL PROJECTS AND STOREFRONT LOAN FUND BUDGETS FOR 2005.


04-0784R - RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND CALLING FOR PUBLIC HEARING ON INTENTION TO ISSUE IMPROVEMENT BONDS UNDER MINNESOTA STATUTES, SECTION 475.521.

 

COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

04-0815R - RESOLUTION REGARDING A CHANGE IN PROPOSED CITY BUDGET - DULUTH CONVENTION AND VISITORS BUREAU.

 

COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-0785R - RESOLUTION DISTRIBUTING THE ESTIMATED 2005 TOURISM TAXES OF HOTEL-MOTEL AND FOOD AND BEVERAGE.

 

04-0786R - RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2005, TO DECEMBER 31, 2005, OPERATION BUDGET OF THE DULUTH TRANSIT AUTHORITY.

 

COMMITTEE 2

 

BY COUNCILOR ATKINS                 (INTERGOVERNMENTAL RELATIONS)


04-0809R - RESOLUTION ESTABLISHING THE CITY’S LEGISLATIVE PRIORITIES FOR THE 2005 SESSION OF THE MINNESOTA STATE LEGISLATURE.


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)

 

04-0810R - RESOLUTION AUTHORIZING THE USE OF $200,000 ANNUALLY OF THE REVENUE FROM THE FOND DU LUTH CASINO FOR THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)

 

04-0789R - RESOLUTION OF INTENT TO CONSTRUCT 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.

 

04-0797R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH R.L.K.-KUUSISTO, LTD, FOR CONSTRUCTION OF BUTTERNUT AVENUE IN AN ESTIMATED AMOUNT OF $22,825.


04-0799R - RESOLUTION AWARDING CONTRACT TO LETOURNEAU AND SONS, INC., FOR CONSTRUCTION OF BUTTERNUT AVENUE IN THE AMOUNT OF $248,666.50.


BY COUNCILOR REINERT          (RECREATION, LIBRARIES & AUTHORITIES)


04-0801R - RESOLUTION ACCEPTING A CONDITIONAL GIFT FROM LAKE SUPERIOR ZOOLOGICAL SOCIETY IN THE AMOUNT OF $19,133.79 FOR ZOOMOBILE.


- - -


INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


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). (TABLED 11/22)


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


COMMITTEE 1


BY COUNCILOR NESS                                        (FINANCE)


04-072-O - AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2005 APPROPRIATION MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES.


04-073-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2005.


04-074-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2005.


04-075-O - AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, SEAWAY PORT AUTHORITY, FOR THE YEAR 2005.


04-076-O - AN ORDINANCE TO AMEND THE BUDGET OF THE CITY OF DULUTH FOR THE YEAR 2004 INCREASING THE BUDGET AND APPROPRIATING MONIES FOR THE PAYMENT OF SUCH INCREASE.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


04-077-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF UTILITY EASEMENTS FOR A SANITARY SEWER SERVICE LINE SERVING THE LAKEWOOD PUMPING STATION PROPERTY TO THE NORTH SHORE SANITARY DISTRICT.


The following entitled ordinance is to be read for the second time:


COMMITTEE 2


BY PRESIDENT STAUBER                 (COMMITTEE OF THE WHOLE)


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


- - -


COUNCILOR QUESTIONS AND COMMENTS


- - -