AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, January 24, 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 - November 4, 8, 22, December 2, 6 and 20, 2004.


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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


* 05-0124-01     Fletcher Hinds, et al. (29 signatures), submitting petition to construct a permanent alley in Block 10, Park Drive Division Duluth, Chester Park Drive alley from 18th Avenue East to Kent Road. - Assessor


* 05-0124-02     Michael W. Saxton submitting petition to vacate a 20 foot wide pedestrian easement over and across Parcel 1, Lot 1, Block 2, Miller Creek Division. -- Assessor

 

* 05-0124-03     St. Louis County Board of Commissioners submitting resolution appointing commissioners Dennis Fink and Bill Kron to the Northwest Airlines Tax Increment Financing District board (Duluth) for terms expiring on December 31, 2005, and Commissioner Steve O’Neil as alternate. -- Received


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REPORTS OF OFFICERS


* 05-0124-04     Assessor submitting letters of sufficiency of petitions to:

                       (a)       Construct water and sewer mains in West Palm Street from Robin Avenue to 83 feet west of center line of Teak Avenue;

                       (b)       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. -- Received


* 05-0124-05     Clerk submitting reports in the matter of the on sale intoxicating liquor licenses of:

                       (a)       Alpine Bar and Lounge, Inc. (Alpine Bar), 1308 Commonwealth Avenue;

                       (b)       Wizner Company (Norman’s), 113 West First Street. -- Received (E-mailed)


* 05-0124-06     Purchasing agent submitting emergency purchase order awarded to Environmental Troubleshooters, Duluth, MN, for soil remediation at Grant Recreation Center. -- Received


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REPORTS OF BOARDS AND COMMISSIONS


* 05-0124-07     Duluth/North Shore Sanitary District board minutes of December 7, 2004, meeting. -- Received (E-mailed)


* 05-0124-08     Parking commission minutes of November 9, 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)
  • 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 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).  (TABLED 1/10)


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 $143,096.  (REPLACEMENT) (TABLED 1/10)


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MOTIONS AND RESOLUTIONS


The following entitled resolutions are to be read for the second 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 AND 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 SECTION 116J.


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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 STAUBER                                 (FINANCE)


05-0044R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF CITY OF DULUTH $13,000,000 GENERAL OBLIGATION TAX AND AID ANTICIPATION CERTIFICATES OF INDEBTEDNESS OF 2005.


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0036R - RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE TO GRANDMA’S GRAND AVENUE, INC. (GRANDMA’S SALOON AND GRILL), 4602 GRAND AVENUE.


05-0037R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM GRANDMA’S GRAND AVENUE, INC. (GRANDMA’S SALOON AND GRILL), 4602 GRAND AVENUE, TO BLACK RIVER MILLS, INC. (THE CIDER HOUSE), 109 WEST SUPERIOR STREET.


05-0041R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF WIZNER COMPANY (NORMAN’S), 113 WEST FIRST STREET.


05-0047R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO MOOSE LODGE #1478.


05-0049R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF ALPINE BAR AND LOUNGE, INC. (ALPINE BAR), 1308 COMMONWEALTH AVENUE.


BY COUNCILOR JOHNSON                             (PERSONNEL)


05-0035R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF LOUISE CURNOW AND THE APPOINTMENTS OF CHARLES E. GESSERT AND DAVID J. SMITH, REPLACING RUSSELL C. BOHEIM AND JAMES HARVIE, TO THE ENVIRONMENTAL ADVISORY COUNCIL.


05-0038R - RESOLUTION CONFIRMING THE APPOINTMENT OF MELANIE HENDRICKSON TO THE DULUTH TRANSIT AUTHORITY, REPLACING GUY E. SEDERSKI.


05-0039R - RESOLUTION CONFIRMING THE APPOINTMENT OF CAROL BEARHEART TO THE HOUSING AND REDEVELOPMENT AUTHORITY, REPLACING JANET CARTER.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0069R - RESOLUTION AUTHORIZING A SECTION 108 LOAN AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA (HRA), THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) AND CENTRAL HILLSIDE LIMITED LIABILITY LIMITED PARTNERSHIP (DEVELOPER). IN THE AMOUNT OF $594,000, CONTINGENT UPON THE APPROVAL OF HUD AND DEDA. (REPLACEMENT)


05-0078R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO DAVID BELL OF FREEDOM AND CONSULTING, INC., FOR A LOW-DENSITY PLANNED DEVELOPMENT ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF COMO AVENUE AND HICKORY STREET (DAVID BELL, FREEDOM DEVELOPMENT AND CONSULTING, INC.).


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


05-0006R - RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF ADMINISTRATION, SUBLEASING OFFICE SPACE IN THE MINNESOTA WORKFORCE CENTER - DULUTH FOR COSTS NOT TO EXCEED $50,000 FOR THE PERIOD AUGUST 1, 2005, THROUGH JULY 31, 2007.


05-0043R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SUPERIORUSA BENEFITS CORPORATION TO PROVIDE ADMINISTRATIVE SERVICES FOR A FLEXIBLE BENEFITS PLAN FOR THE CITY FOR YEAR 2005 AT AN ESTIMATED COST OF $11,250.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0042R - RESOLUTION OF INTENT TO RESURFACE BAY VIEW ALLEY, BETWEEN PIEDMONT AVENUE AND DIAMOND AVENUE (CITY JOB NO. 0469TR).


05-0045R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A JOINT CONTRACT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION, ST. LOUIS COUNTY, THE CITY OF DULUTH AND WILLIAM D. MULDOON, A SOLE PROPRIETOR, FOR EXAMINATION AND REPORT OF PROPERTY TITLES RELATING TO THE RECONSTRUCTION OF TRUNK HIGHWAY 53 (MILLER TRUNK HIGHWAY) AND ADJACENT FRONTAGE ROADS, COUNTY ROADS AND CITY STREETS, AT AN ESTIMATED COST TO THE CITY OF $7,785.


05-0046R - RESOLUTION AUTHORIZING AN AGREEMENT WITH CAMP, DRESSER AND MCKEE, INC., FOR THE DEVELOPMENT OF A LONG TERM SANITARY SEWER OVERFLOW EVALUATION AND ELIMINATION PLAN.


05-0054R - RESOLUTION AMENDING RESOLUTION 04-0549 AWARDING CONTRACT TO MORTON SALT DIVISION C/O HALLETT DOCK COMPANY FOR ROAD SALT, TO INCREASE THE AMOUNT BY $298,732.50 FOR A NEW TOTAL OF $613,238.18.


05-0055R - RESOLUTION AWARDING CONTRACT TO MONROE TRUCK EQUIPMENT FOR TWO DUMP BODIES IN THE AMOUNT OF $54,315.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


04-0050R - RESOLUTION TO ESTABLISH A ONE STALL HANDICAPPED PARKING ZONE.


05-0051R - RESOLUTION TO ESTABLISH NO PARKING 2:00 A.M. TO 6:00 A.M. ON WEST SIDE OF FIFTH AVENUE WEST FROM THIRD STREET TO FOURTH STREET ALLEY.


05-0052R - RESOLUTION TO RESCIND NO PARKING ZONE ON THE NORTH SIDE OF PARTRIDGE STREET FROM KENWOOD AVENUE WESTERLY TO THE CUL-DE-SAC.


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)

 

05-0076R - RESOLUTION AUTHORIZING A CONTRACT WITH GAMBLERS INTERVENTION SERVICES FOR THE OPERATION OF AN OUTREACH GAMBLING PROGRAM DURING YEAR 2005 AT A COST TO THE CITY OF $90,000.

 

COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

05-0082R - RESOLUTION UPHOLDING THE DULUTH PLANNING COMMISSION’S DENIAL OF A FRONT YARD PARKING PERMIT TO ROBERT JOHANNESSEN FOR PROPERTY LOCATED AT 912 EAST 11TH STREET (ROBERT JOHANNESSEN).

 

05-0083R - RESOLUTION REVERSING THE DULUTH PLANNING COMMISSION’S DENIAL OF A FRONT YARD PARKING PERMIT TO ROBERT JOHANNESSEN FOR PROPERTY LOCATED AT 912 EAST 11TH STREET (ROBERT JOHANNESSEN).

 

BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)

 

05-0077R - RESOLUTION APPROVING THE MEMBERSHIP OF THE ADVISORY BOARD FOR THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT.

 

COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0030R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH NORTHERN ENERGETICS FOR PROFESSIONAL SERVICES RELATING TO ENERGY AUDITS FOR YEAR 2005, YEAR 2006, YEAR 2007 AND YEAR 2008 IN AN AMOUNT NOT TO EXCEED $156,000.

 

05-0048R - RESOLUTION AUTHORIZING ACCEPTANCE OF LAND DONATION IN THE MAGNEY-SNIVELY FOREST AREA FROM THE HEIRS OF WILLIAM R. TONKIN.

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


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

 

COMMITTEE 1


BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

05-004-O - AN ORDINANCE AMENDING ORDINANCE 8244, REPEALING DULUTH CITY CODE CHAPTER 14A.

 

The following entitled ordinances are to be read for the second 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).


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COUNCILOR QUESTIONS AND COMMENTS

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