AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, January 10, 2005, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota

REPLACEMENT 2

 


ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES - September 13, 16, 27, October 12 and 25, 2004.

PUBLIC HEARING - 7:00 p.m. -- Capital improvement bonds issuance.

PUBLIC HEARING - 7:30 p.m. -- Business subsidy amendment (United HealthCare).


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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


*          05-0110-01     Robert A. Bauers, et al. (three signatures), submitting petition to improve the water and sewer mains in West Palm Street from Robin Avenue to 83 feet west of center line of Teak Avenue. -- Assessor


*          05-0110-02     Guy Sedersk, et al. (41 signatures), submitting petition to remove the partial sidewalk currently in Maple Crest Village development in 2005 when the improvement plan known as Duluth Heights Southeast 3 (Wildwood Drive) is being constructed. -- Assessor


*          05-0110-03     Summit Management, LLC, et al. (two signatures), submitting petition to vacate the streets and alleys within and around the property located north of Davis Street, east of Connecticut Avenue, north of Howtz Street, east of Blackman Avenue and southwest of Rice Lake Road. -- Assessor


           05-0110-04    Robert Johannessen submitting appeal of the planning commission decision to deny a front yard parking permit at 912 East 11th Street. -- Committee 2 (Planning and economic development)


           05-0110-05     Sixth Judicial District Chief Judge David P. Sullivan submitting order appointing Jeffery Davin Anderson, replacing Richard Abrams, to the Charter commission for a term expiring June 1, 2006. -- Received


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REPORTS OF OFFICERS


*          05-0110-06     Assessor submitting letter of sufficiency of petition to remove the partial sidewalk currently in Maple Crest Village development in 2005 when the improvement plan known as Duluth Heights Southeast 3 (Wildwood Drive) is being constructed. -- Received


           05-0110-07     Engineering division submitting report of acceptance of local improvement - Fountain Gate - City Project #0280TR pursuant to Section 45-89 of the Duluth City Code. -- Received

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REPORTS OF BOARDS AND COMMISSIONS


*          05-0110-08     Duluth airport authority: (a) Balance sheet of October 31, 2004; (b) Minutes of: (1) November 16; (2) December 3, 2004, meetings. -- 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)
  • Bayfront master plan (12/16/2002)
  • ISD 709 (7/10/2003)
  • Retiree benefits (4/12/2004)
  • Deer task force (12/20/2004)
  • Peterson Arena (12/20/2004)

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OPPORTUNITY FOR CITIZENS TO BE HEARD

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RESOLUTIONS TABLED


COMMITTEE 2


BY COUNCILOR 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) (AMENDMENT) (TABLED 12/6/04)


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MOTIONS AND RESOLUTIONS


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


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0019R - RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT FOR FORGIVABLE LOAN OF MINNESOTA INVESTMENT FUND (MIF) WITH UNITED HEALTHCARE SERVICES, INC., AND AUTHORIZING THE TERMINATION OF THE CITY’S GRANT AGREEMENT WITH MINNESOTA DEPARTMENT OF EMPLOYMENT & ECONOMIC DEVELOPMENT (DEED).


05-0025R - RESOLUTION APPROVING FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA), UNITED HEALTHCARE SERVICES, INC., AND DULUTH UNITED, LLC, PURSUANT TO MINNESOTA STATUTE §116J.


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 PRESIDENT NESS                                         (FINANCE)


05-0022R - RESOLUTION AUTHORIZING AN AGREEMENT WITH FRYBERGER, BUCHANAN, SMITH AND FREDERICK, P.A., FOR LEGISLATIVE SERVICES IN AN AMOUNT NOT TO EXCEED $21,115


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0017R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO NATIONAL MULTIPLE SCLEROSIS SOCIETY AND PIEDMONT HEIGHTS HOCKEY ASSOCIATION.


05-0018R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE OF ROTARY CLUB OF DULUTH AND WAIVING THE 60 DAY WAITING PERIOD.


BY COUNCILOR JOHNSON                             (PERSONNEL)


05-0010R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE PAY RANGE FOR THE CIVIL SERVICE CLASSIFICATION OF SENIOR LIBRARY TECHNICIAN.


05-0014R - RESOLUTION CONFIRMING THE APPOINTMENT OF MICHAEL SAYERS TO THE AMERICAN INDIAN COMMISSION, REPLACING LYNN NELL BEGAY.


05-0015R - RESOLUTION CONFIRMING THE APPOINTMENT OF LEWIS MARTIN (SUPERIOR, WISCONSIN, REPRESENTATIVE) TO THE DULUTH TRANSIT AUTHORITY, REPLACING HAROLD BROWN.


05-0016R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF JAMES MOHN AND THE APPOINTMENT OF ROBERT M. BUSCH, REPLACING JOHN MORRISON, TO THE JOINT AIRPORT ZONING BOARD.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0012R - RESOLUTION VACATING THE SOUTHERLY TWO FEET OF A 16 FOOT UTILITY AND PEDESTRIAN EASEMENT ON ST. ANDREWS STREET AT DUNEDIN AVENUE EAST OF HARTLEY FIELD IN WOODLAND (STEVEN AND CATHERINE LONG).


05-0021R - RESOLUTION VACATING A PORTION OF THE SIDEWALK EASEMENT ON LAKE AVENUE AND WEST SUPERIOR STREET.


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


05-0002R - RESOLUTION AWARDING CONTRACT TO ST LOUIS COUNTY SOCIAL SERVICES DEPARTMENT FOR APPROXIMATELY 33,754 HOT MEALS, IN ACCORDANCE WITH SPECIFICATIONS OF ITS CONTRACT OF $4.63 PER MEAL FOR ELIGIBLE SENIOR CITIZENS AND $5.03 PER MEAL FOR GUESTS FROM JANUARY 1, 2005, THROUGH DECEMBER 31, 2005, WITH AN ADDITIONAL $0.29 PER MEAL WHEN MEALSITE MANAGER LABOR IS INCLUDED; COST APPROXIMATELY $161,778.


BY COUNCILOR STAUBER                (COMMITTEE OF THE WHOLE)


05-0034R - RESOLUTION AUTHORIZING THE CITY TO PARTICIPATE IN THE JOINT PROPERTY TAX ADVISORY COMMITTEE DURING 2005 AND PAYING FOR ITS SHARE OF A CONSULTANT AGREEMENT AT A COST TO THE CITY OF $11,500.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0007R - RESOLUTION ADJUSTING THE CUSTOMER CHARGE AND USER CHARGES FOR THE CITY’S WASTEWATER FACILITIES.


05-0008R - RESOLUTION OF INTENT TO RECONSTRUCT A RESIDENTIAL DESIGN STREET IN 12TH AVENUE WEST, 100 FEET SOUTHERLY OF WEST THIRD STREET (CITY JOB NO. 0464TR).


05-0026R - RESOLUTION AWARDING CONTRACT TO D.P.C. INDUSTRIES, INC., FOR 55 TONS OF LIQUID CHLORINE IN THE AMOUNT OF $28,765.


05-0027R - RESOLUTION AWARDING CONTRACT TO C&S CHEMICALS, INC., FOR 150,000 GALLONS OF LIQUID ALUMINUM SULFATE IN THE AMOUNT OF $68,550.


05-0028R - RESOLUTION AWARDING CONTRACT TO LAROCHE INDUSTRIES, INC., FOR APPROXIMATELY 40,000 POUNDS OF ANHYDROUS AMMONIA IN THE AMOUNT OF $19,200.


05-0029R - RESOLUTION AWARDING CONTRACT TO HAWKINS, INC., FOR 100,000 GALLONS OF CAUSTIC SODA IN THE AMOUNT OF $144,000.


05-0033R - RESOLUTION AWARDING CONTRACT TO HAWKINS, INC., FOR 145 TONS OF LIQUID HYDROFLUOSILICIC ACID IN THE AMOUNT OF $26,245.


BY COUNCILOR REINERT   (RECREATION, LIBRARIES AND AUTHORITIES)


05-0001R - RESOLUTION AUTHORIZING PROPER CITY OFFICERS TO EXECUTE AN AGREEMENT WITH THE HOLY CROSS LUTHERAN CHURCH FOR DULUTH HEIGHTS, FOR THE OPERATION OF THE DULUTH SENIOR DINING PROGRAM FOR THE PERIOD OF JANUARY 1, 2005, THROUGH DECEMBER 31, 2005, AT A COST OF $7,200.


05-0003R - RESOLUTION AUTHORIZING PROPER CITY OFFICERS TO EXECUTE AN AGREEMENT WITH THE WOODLAND GARDENS ASSOCIATION FOR THE OPERATION OF THE DULUTH SENIOR DINING PROGRAM FOR THE PERIOD JANUARY 1, 2005, THROUGH DECEMBER 31, 2005.


05-0004R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE ARROWHEAD REGIONAL DEVELOPMENT COMMISSION FOR A PERFORMANCE BASED CONTRACT FOR THE CITY’S SENIOR DINING PROGRAM FOR A REIMBURSEMENT OF $3.78 FOR EACH ELIGIBLE MEAL SERVED TO ELIGIBLE PERSONS, NOT TO EXCEED $271,655.


05-0031R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH DR. MARY WICTOR, TO PROVIDE VETERINARY HEALTH CARE FOR ANIMALS, ESTIMATED AT $49,800.


05-0032R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH 29 INDIVIDUAL PERSONS, TO PROVIDE PROFESSIONAL SERVICE AS REFEREES, ESTIMATED AT $29,000.


END OF CONSENT AGENDA

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

 

COMMITTEE 1


BY PRESIDENT NESS                                         (FINANCE)


05-0020R - RESOLUTION AUTHORIZING EXECUTION OF A MAJOR SPONSORSHIP AGREEMENT WITH GRANDMA’S MARATHON-DULUTH, INC., FOR THE 2005 GRANDMA’S MARATHON AT A COST OF NOT TO EXCEED $15,000 PLUS IN-KIND SERVICES.


05-0023R - RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, STATING THE INTENT TO ISSUE $1,300,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2005.


05-0024R - RESOLUTION AUTHORIZING AN AGREEMENT WITH HISTORIC UNION DEPOT, INC., IN THE AMOUNT OF $147,607.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0011R - RESOLUTION DENYING A REZONING PETITION TO SHERMAN AND ASSOCIATES FOR PROPERTY LOCATED BELOW THE HORSESHOE BEND OF 40TH AVENUE WEST/HAINES ROAD ABOVE THE CANADIAN PACIFIC RAILROAD RIGHT-OF-WAY (SHERMAN AND ASSOCIATES).

BY COUNCILOR STAUBER                  (COMMITTEE OF THE WHOLE)

 

05-0009R - RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY TO ACQUIRE PROPERTY FOR AN ANIMAL SHELTER FOR $500 SUBJECT TO CONDITIONS.

 

COMMITTEE 3


BY COUNCILOR LITTLE                                 (PUBLIC SAFETY)

 

05-0040R - RESOLUTION AUTHORIZING A CONTRACT WITH THE MINNESOTA COUNCIL ON COMPULSIVE GAMBLING, INC., FOR THE OPERATION OF A COMPULSIVE GAMBLING PREVENTION AND EDUCATION PROGRAM DURING YEAR 2005 AT A COST TO THE CITY OF $148,096.


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


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


COMMITTEE 1

BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

05-003-O - AN ORDINANCE ELIMINATING PEDESTRIAN TRANSIT ZONES IN THE CITY OF DULUTH; REPEALING SECTION 45-4.5 OF THE DULUTH CITY CODE, 1959, AS AMENDED.


COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-001-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 17 AS CONTAINED IN THE APPENDIX TO CHAPTER 50 TO PROVIDE FOR THE RECLASSIFICATION FROM S-1, SUBURBAN, TO R-1-A, SINGLE-FAMILY RESIDENTIAL, PROPERTY LOCATED BELOW THE HORSESHOE BEND OF 40TH AVENUE WEST/HAINES ROAD ABOVE THE CANADIAN PACIFIC RAILWAY (SHERMAN AND ASSOCIATES).


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


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-002-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 C-2, HIGHWAY COMMERCIAL, PROPERTY BOUNDED BY SUPERIOR STREET AND 28TH AVENUE WEST AND FIRST STREET ALLEY (JACKSON AND LANTHIER).


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COUNCILOR QUESTIONS AND COMMENTS