AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, March 14, 2005, 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 - February 10, 14 and 28, 2005.


- - -

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


*   05-0314-01     Lee Christofferson, et al. (four signatures), submitting petition to pave the alley between Minneapolis and Allendale avenues from Wadena to Osakis streets. -- Assessor


- - -


REPORTS OF OFFICERS


*   05-0314-02     Assessor submitting:

    (a)     Affidavit of mailing of notice of informational meeting at 5:00 p.m. on Tuesday, March 15, 2005, and a Duluth City Council public hearing at 7:00 p.m. on Monday, March 28, 2005, both held in the City Council Chamber, Third Floor, City Hall, regarding the proposed 2006 street improvement program:  Cody - Southwest 2, Lakeside - Central West, Morgan Park 3, Norton Park, Duluth Heights and Vernon Street. -- Clerk

    (b)     Letter of sufficiency of petition to pave the alley between Minneapolis and Allendale avenues running north and south from Wadena to Osakis streets. -- Received


*   05-0314-03     Purchasing agent submitting emergency order awarded to Mobile Radio Equipment for mobile radio equipment. -- Received

- - -


REPORTS OF BOARDS AND COMMISSIONS


*   05-0314-04     Board of zoning appeals minutes of January 25, 2005, meeting. -- Received (EMAILED)


*   05-0314-05     Commission on disabilities minutes of February 2, 2005, meeting. -- Received (EMAILED)


*   05-0314-06     Heritage preservation commission minutes of December 14, 2004, meeting. -- Received (EMAILED)


*   05-0314-07     Library board minutes of January 25, 2005, meeting. -- Received (EMAILED)


*   05-0314-08     Planning commission minutes of February 8, 2005, meeting. -- Received (EMAILED)


*   05-0314-09     Special assessment board minutes of February 8, 2005, meeting. -- Received (EMAILED)

_________________________________________

* 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)
  • 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)

- - -

OPPORTUNITY FOR CITIZENS TO BE HEARD

- - -


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)


- - -


MOTIONS AND RESOLUTIONS

 

COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0175R - RESOLUTION DENYING AN INTERIM SPECIAL USE PERMIT TO RICHARD AND MARCELLA HARTEAU TO OPERATE A TEMPORARY SEASONAL GREENHOUSE AT 1219 NORTH 57TH AVENUE WEST (RICHARD AND MARCELLA HARTEAU).

 

- - -


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 STEWART                (PURCHASING & LICENSING)


05-0154R - RESOLUTION AWARDING CONTRACT TO DODGE OF BURNSVILLE, INC., FOR TWO DODGE DURANGOS IN THE AMOUNT OF $43,036.


05-0155R - RESOLUTION AWARDING CONTRACT TO SUPERIOR FORD, INC., FOR TEN MARKED PATROL VEHICLES IN THE AMOUNT OF $206,535.


05-0168R - RESOLUTION AWARDING CONTRACT TO WASTE MANAGEMENT OF NORTHERN MINNESOTA FOR GARBAGE/REFUSE REMOVAL AS NEEDED DURING YEAR 2005 AT AN ESTIMATED AMOUNT OF $61,600.


05-0172R - RESOLUTION APPROVING THE 2:00 A.M. CLOSING LICENSE FOR ALPINE BAR AND LOUNGE, INC. (ALPINE BAR AND LOUNGE), 1308 COMMONWEALTH AVENUE.


05-0173R - RESOLUTION RECOMMENDING APPROVAL OF BOTTLE CLUB LICENSE RENEWAL OF THE ORDER OF THE OWLS, DULUTH NEST #1200, FOR THE PERIOD BEGINNING APRIL 1, 2005, AND ENDING MARCH 31, 2006.


05-0174R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE FOR ROTARY CLUB OF DULUTH HARBORTOWN AND WAIVING THE 60 DAY WAITING PERIOD.


BY COUNCILOR JOHNSON                             (PERSONNEL)


05-0159R - RESOLUTION CONFIRMING THE APPOINTMENTS OF GEORGE HANSON AND JOHN A. SERRE TO THE ALCOHOL, GAMBLING AND TOBACCO COMMISSION, REPLACING RONALD MCKINNON AND WILLIAM A. CARLSON.


05-0160R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF FRANK JEWELL TO THE DULUTH HOUSING COMMISSION.


05-0161R - RESOLUTION CONFIRMING THE APPOINTMENT OF RICK MINOTTE, REPLACING JOSEPH PERFETTI, AND THE REAPPOINTMENT OF ELIZABETH M. MACKAY TO THE PARKS AND RECREATION COMMISSION.


05-0164R - RESOLUTION CONFIRMING THE APPOINTMENTS OF ROBERTA CICH, KATHERINE E. QUISTAD AND GLENN A. TRIDGELL TO THE COMMISSION ON DISABILITIES, REPLACING VALERIE LAPORTE, RACHEL SCOTT AND BILLY T. WIRTA.


05-0169R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF AERIAL LIFT BRIDGE SUPERVISOR.


05-0180R - RESOLUTION APPROVING THE APPOINTMENT OF GENEVIEVE A. STARK AS THE DIRECTOR OF FINANCE FOR THE CITY OF DULUTH.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0156R - RESOLUTION VACATING PORTIONS OF 43RD, 44TH AND 45TH AVENUES WEST, SOUTH OF GRAND AVENUE AND NORTH OF WEST SECOND STREET ALSO KNOWN AS TRAVERSE STREET (FRED STROM/J&S PARTNERSHIP, LLP).


05-0157R - RESOLUTION VACATING 41ST AVENUE EAST AND ALLEY EASEMENT BETWEEN 40TH AVENUE EAST AND 42ND AVENUE EAST, BETWEEN DODGE STREET AND PEABODY STREET (KATIE BEEMAN/CHARLES ERICKSON, ET AL.).


05-0158R - RESOLUTION VACATING CONDEMNATION EASEMENT FOR SLOPES AND FILLS AND PUBLIC ALLEY PURPOSES ON PROPERTY LOCATED AT 1126 WEST FIFTH STREET (GRACE URIE).


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


05-0134R - RESOLUTION AUTHORIZING THE CITY OF DULUTH TO ACCEPT VARIOUS GRANTS FROM THE STATE OF MINNESOTA AND FEDERAL GOVERNMENT ON BEHALF OF THE DULUTH TRANSIT AUTHORITY.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0162R - RESOLUTION AWARDING CONTRACT TO ST. JOSEPH EQUIPMENT, INC., FOR ONE WHEEL LOADER FOR THE STREET MAINTENANCE DIVISION IN THE AMOUNT OF $117,957.39.


05-0165R - RESOLUTION AWARDING CONTRACT TO NORTHLAND BITUMINOUS FOR BITUMINOUS MATERIALS AS NEEDED FOR YEAR 2005 FOR A TOTAL OF $87,538.53.


05-0166R - RESOLUTION AWARDING CONTRACT TO DULUTH SUPERIOR BLACKTOP FOR BITUMINOUS MATERIALS AS NEEDED FOR YEAR 2005 FOR A TOTAL OF $122,890.53.


05-0176R - RESOLUTION AWARDING CONTRACT TO HOFFMAN AND MCNAMARA COMPANY FOR CONSTRUCTION OF TREE PLANTING FOR YEAR 2004 STREET IMPROVEMENT PROJECT SITES IN THE AMOUNT OF $87,697.


05-0181R - RESOLUTION ACCEPTING DONATION OF STREET EASEMENTS FROM VARIOUS OWNERS ADJACENT TO MIDDLE ROAD FOR THE CEDAR RIDGE ESTATES DEVELOPMENT.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0171R - RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM.


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-0170R - RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO GRANT AGREEMENT NO. 0RP98-30, A41583, WITH MINNESOTA DNR FOR HARTLEY CENTER, EXTENDING THE TERM THEREOF.


END OF CONSENT AGENDA


- - -


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

 

COMMITTEE 1


BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

05-0189R - RESOLUTION AUTHORIZING A TRANSFER OF $150,000 FROM THE TOURISM TAX CAPITAL IMPROVEMENTS FUND NO. 258 FUND BALANCE TO THE LAKE SUPERIOR CENTER AUTHORITY FOR PROCUREMENT OF THE ABYSS EXHIBIT.


BY COUNCILOR JOHNSON                             (PERSONNEL)

 

05-0152R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF UTILITY OPERATIONS LEADWORKER.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0167R - RESOLUTION REPEALING RESOLUTION 05-0069, AUTHORIZING A SECTION 108 LOAN AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) AND CENTRAL HILLSIDE DEVELOPMENT LIMITED PARTNERSHIP, LLLP (DEVELOPER) IN THE AMOUNT OF $594,000, CONTINGENT UPON THE APPROVAL OF HUD AND PLEDGING $148,500 OF FUTURE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING TO COVER 25 PERCENT OF THE LOAN VALUE.


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


05-0163R - RESOLUTION SUPPORTING REDEDICATION OF VETERANS’ EVERGREEN MEMORIAL DRIVE, REFERRING TO RESOLUTION 84-0795.

- - -


INTRODUCTION AND CONSIDERATION OF ORDINANCES


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


COMMITTEE 1


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-006-O - AN ORDINANCE AMENDING SECTION 50-49 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING APPEALS OF DECISIONS OF THE BOARD OF ZONING APPEALS.


The following entitled ordinance is to be read for the second 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.


- - -

COUNCILOR QUESTIONS AND COMMENTS

- - -