AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, February 28, 2005, 7:00 p.m.

Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota

REPLACEMENT

ROLL CALL

PLEDGE OF ALLEGIANCE


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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


*          05-0228-01     Duluth Hill, LLC, et al. (three signatures), submitting petition to reclassify from R-1-b/CUP overlay to C-5 Outlot C and part of Outlot D (except the easternmost 100 feet), Home Depot Duluth Addition. -- Assessor


*          05-0228-02     JAS Apartments, Inc., by Grant Odegard, owner's agent, submitting petition of vacate one foot of the East Fourth Street right-of-way abutting the north side of Lots 82, 84 and 86, and one foot of the Fifth Avenue East right-of way abutting the west side of Lot 82, Duluth Proper First Division. -- Assessor


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REPORTS OF OFFICERS


*          05-0228-03     Assessor submitting:

                       (a)       Affidavit of mailing of notices of public hearings by the special assessment board on Tuesday, March 8, 2005, Room 402, City Hill, at:

                                   (1)        3:30 p.m. regarding the proposed alley construction on Chester Park Drive Alley from 18th Avenue East to Kent Road;

                                   (2)       4:00 p.m. regarding the proposed construction of watermain and sanitary sewer in West Owatonna Street east of Kolstad Avenue. -- Clerk

                       (b)       For confirmation the assessment rolls levied to defray the assessable portions of 2004 street improvement program (05-0135R);

                       (c)       Letters of sufficiency of petitions to:

                                   (1)       Construct an eight inch sanitary sewer in West Owatonna Street from 294 feet east of Kolstad Avenue to 490 feet east of Kolstad Avenue and an eight inch watermain in West Owatonna Street from Elysian Avenue to 222 feet west of Elysian Avenue;

                                   (2)       Vacate:

                                                     (A)      One foot of the East Fourth Street right-of-way abutting the north side of Lots 82, 84 and 86, and one foot of the Fifth Avenue East right-of way abutting the west side of Lot 82, Duluth Proper First Division;

                                                  (B)      The 41st Avenue East and alley easements between Dodge and Peabody streets;

                                                    (C)      The alley, easements and slopes in Fifth Street Alley in the west 20 feet of Lot 190, Block 41; slopes and fills; easement for slopes and fills; easement for slopes and fills in Fifth Street in Lot 192, Block 41, Duluth Proper Third Division. -- Received


*          05-0228-04     Clerk submitting application to the Minnesota gambling control board for exemption from lawful gambling license from Lincoln Park Business Group on June 25, 2005 (raffle). -- Received  


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REPORTS OF BOARDS AND COMMISSIONS


*          05-0228-05     Duluth/North Shore Sanitary District board minutes of January 12, 2005, meeting. -- Received (E-MAILED)


*          05-0228-06     Duluth transit authority:  (a) Minutes of December 29, 2004, meeting; (b) Income statement for December 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)
  • 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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RESOLUTION TABLED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0079R - RESOLUTION GRANTING AN INTERIM SPECIAL USE PERMIT TO RICHARD AND MARCELLA HARTEAU TO OPERATE A TEMPORARY SEASONAL GREENHOUSE AT 1219 NORTH 57TH AVENUE WEST. (TABLED 2/14)


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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 STAUBER                                 (FINANCE)


05-0132R - RESOLUTION AUTHORIZING A CONSULTANT AGREEMENT WITH KRECH OJARD AND ASSOCIATES, P.A., FOR PROVIDING CERTAIN ENGINEERING SERVICES TO THE CITY OF DULUTH IN CONNECTION WITH THE CITY SALT AND SAND STORAGE FACILITY IN AN AMOUNT OF $12,500.



05-0135R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF THE 2004 STREET IMPROVEMENT PROGRAM FOR DULUTH HEIGHTS - SOUTHEAST, EAST HILLSIDE, LAKESIDE LOWER SOUTHWEST 1 AND 2, WOODLAND SOUTH 1 AND UMD/CHESTER.


05-0149R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DMG-MAXIMUS TO UPDATE THE CITY’S COST ALLOCATION PLAN IN AN AMOUNT NOT TO EXCEED $14,000.


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0110R - RESOLUTION AWARDING CONTRACT TO MOTOROLA COMMUNICATIONS AND ELECTRONICS FOR VARIOUS COMMUNICATION EQUIPMENT IN THE AMOUNT OF $34,612.83.


05-0136R - RESOLUTION AWARDING CONTRACT TO LENS AUTO BODY FOR AUTO BODY REPAIRS AS NEEDED DURING THE YEAR 2005 AT AN ESTIMATED AMOUNT OF $45,000.


05-0137R - RESOLUTION AWARDING CONTRACT TO MACQUEEN EQUIPMENT, INC., FOR O.E.M. PARTS AND REPAIRS FOR SNOW BLOWERS AS NEEDED DURING THE YEAR 2005 AT AN ESTIMATED AMOUNT OF $40,000.


05-0138R - RESOLUTION AWARDING CONTRACT TO MANEY INTERNATIONAL OF DULUTH, INC., FOR O.E.M. PARTS AND REPAIRS FOR CATERPILLAR DIESEL ENGINES AS NEEDED DURING YEAR 2005 AT AN ESTIMATED AMOUNT OF $40,000.


05-0141R - RESOLUTION AWARDING CONTRACT TO DULUTH LAWN AND SPORT, INC., FOR JOHN DEERE REPAIR PARTS AND SUPPLIES AS NEEDED DURING YEAR 2005 AT AN ESTIMATED AMOUNT OF $10,000.


05-0142R - RESOLUTION AWARDING CONTRACT TO LARSON CHEVROLET FOR THREE CARGO VANS IN THE AMOUNT OF $60,952.97.


05-0146R - RESOLUTION AWARDING CONTRACT TO LARSON CHEVROLET-OLDS FOR ONE PICKUP TRUCK IN THE AMOUNT OF $27,304.96.


05-0147R - RESOLUTION AWARDING CONTRACT TO TWIN CITIES MACK AND VOLVO TRUCK FOR THREE MACK TRUCK CAB AND CHASSIS IN THE AMOUNT OF $259,660.05.


COMMITTEE 2


BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)


05-0148R - RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH THE ST. MARK’S COMMUNITY DEVELOPMENT CORPORATION LEASING 750 SQUARE FEET OF OFFICE SPACE IN WASHINGTON CENTER FOR $250 PER MONTH.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0130R - RESOLUTION OF INTENT TO CONSTRUCT A PERMANENT ALLEY IN CHESTER PARK DRIVE ALLEY FROM 18TH AVENUE EAST TO KENT ROAD (CITY JOB NO. 0477TR).

05-0131R - RESOLUTION ORDERING IN THE CONSTRUCTION OF A PERMANENT ALLEY IN BAY VIEW ALLEY BETWEEN PIEDMONT AVENUE AND DIAMOND AVENUE (CITY JOB NO. 0469TR) AT AN ESTIMATED COST OF $14,000.


05-0133R - RESOLUTION ACCEPTING STAR GRANT OF $2,500 FROM MINNESOTA DNR FOR ENVIRONMENTAL ENTERTAINMENT AT REGION SCHOOLS AND COMMITTING LOCAL MATCH.


05-0140R - RESOLUTION AWARDING CONTRACT TO VOGEL PAINT AND WAX COMPANY, INC., FOR 5,740 GALLONS OF YELLOW AND WHITE TRAFFIC MARKING PAINT IN THE AMOUNT OF $26,944.82.


05-0143R - RESOLUTION AMENDING RESOLUTION 03-0528 AWARDING CONTRACT TO SHORT ELLIOT HENDRICKSON, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR YEAR 2004 STREET STREET IMPROVEMENT PROGRAM FOR LAKESIDE LOWER SOUTHWEST-2, IN ORDER TO INCREASE THE AMOUNT BY $36,285 FOR A NEW TOTAL OF $147,319.


05-0144R - RESOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND TO INDEMNIFY THE STATE OF MINNESOTA IN CONNECTION WITH THE BRIDGE PROJECT ON WEST TENTH STREET OVER MILLER CREEK.


05-0145R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MSA PROFESSIONAL SERVICES FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO DESIGN AND CONSTRUCTION OF SANITARY SEWER AND STORM SEWER IN PHASE III OF MORGAN PARK WASTEWATER COLLECTION SYSTEM IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $336,228.


05-0150R - RESOLUTION OF INTENT TO CONSTRUCT AN EIGHT INCH SANITARY SEWER IN WEST OWATONNA STREET FROM 294 FEET EAST OF KOLSTAD AVENUE TO 490 FEET EAST OF KOLSTAD AVENUE (CITY PROJECT NO. 0482SN) AND AN EIGHT INCH WATERMAIN IN WEST OWATONNA STREET FROM ELYSIAN AVENUE TO 222 FEET WEST OF ELYSIAN AVENUE (CITY PROJECT NO. 0482WA).


05-0151R - RESOLUTION AMENDING RESOLUTION 04-0203 AWARDING CONTRACT TO LEVINE AND SON, INC., FOR CONSTRUCTION OF A SANITARY SEWER IN DECKER ROAD AND ANDERSON ROAD AND CONSTRUCTION OF A WATERMAIN IN ANDERSON ROAD, TO INCREASE THE AMOUNT BY $254,310 FOR A NEW TOTAL OF $786,000.50.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

05-0139R - RESOLUTION AWARDING CONTRACT TO ST. LOUIS COUNTY DEPARTMENT OF COMMUNICATIONS FOR COMPUTER AIDED DISPATCH SYSTEM ACCESS IN THE AMOUNT OF $25,440.


END OF CONSENT AGENDA


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


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)

 

05-0153R - RESOLUTION AUTHORIZING A CONTRACT FOR SERVICES WITH STEVE GREENFIELD NOT TO EXCEED $8,500.

 

 

COMMITTEE 3

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0129R - RESOLUTION AUTHORIZING MUTUAL AID AGREEMENT WITH SUPERIOR, WISCONSIN, FOR FIRE AND OTHER EMERGENCY SERVICES.

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


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


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-005-O - AN ORDINANCE AUTHORIZING THE FREE CONVEYANCE OF LOT 226, LAKE AVENUE, UPPER DULUTH, TO THE SALVATION ARMY FOR TRANSITIONAL HOUSING AND SERVICES TO HOMELESS FAMILIES.


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COUNCILOR QUESTIONS AND COMMENTS

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