AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, March 28, 2005, 7:00 p.m.
Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota

REPLACEMENT 3

ROLL CALL

PLEDGE OF ALLEGIANCE

PUBLIC HEARINGS: 7:00 p.m. - 2006 street improvement program (SIP).

                                    7:30 p.m. - Qualified allocation plan (QAP).


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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


*          05-0328-01     A&L Properties petition to vacate the utility easement that was part of the rearrangement of Blocks 7 and 8, Industrial Division. -- Assessor


*          05-0328-02     Daniel Stocke, et al. (two signatures), petition to reclassify from S to R-3 property described as the northeast quarter of the northwest quarter of Section 29, T50N, R14W (010-27100-06575). -- Assessor


*          05-0328-03     Sugarloaf Enterprises, LLC, by William Burns, attorney, petition to reclassify from S to R-1 property described as the southwest quarter of the southeast quarter and the northwest quarter of the southeast quarter, excepting the northerly 400 feet of said northwest quarter of southeast quarter, all in Section 11, Township 49 North, Range 15 West of the Fourth Principal Meridian. -- Assessor


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REPORTS OF OFFICERS


*          05-0328-04     Assessor:

                       (a)       Affidavits of mailing of notices of:

                                   (1)       Public hearing on April 11, 2005, at 7:00 p.m. in the City Council Chambers, third floor, City Hall, regarding the following street improvements:

                                               (A)      Third Street from Carlton Street to 21st Avenue West;

                                               (B)      Third Street from 19-1/2 to 21st avenues West;

                                   (2)       Special assessment board meeting on March 22, 2005, at 3:00 p.m. in Room 106A, City Hall, regarding the proposed construction of sanitary sewer and watermain for West Palm from Robin to Teak avenues. -- Clerk

                       (b)       For confirmation the assessment roll levied to defray the assessable portion of the 2004 sidewalk repair program, Contract 5403 (assessable - $11,695.32);

                       (c)       Letters of sufficiency of petitions to:

                                   (1)       Construct an eight inch watermain in Surrey Avenue (90th Avenue East) from 100+ feet northwesterly of the northwesterly line of Seafield Street to Old North Shore Road, and in Old North Shore Road from 100+ feet southwesterly of the centerline of Cant Road to 1,926+ feet northeasterly of the centerline of Surrey Avenue;

                                   (2)       Reclassify from R-1-b with CUP overlay to C-5 Outlot C and part of Outlot D (except the easternmost 100 feet), Home Depot Duluth Addition. -- Received


*          05-0328-05     Clerk application to the Minnesota gambling control board for exemption from lawful gambling license from DM&IR Veteran Employees’ Association on May 26, 2005 (raffle). -- Received


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REPORTS OF BOARDS AND COMMISSIONS


           05-0328-06     American Indian Commission letter regarding the Minnesota State Legislature bills H.F. No. 59 and S.F. No. 181 regarding the renaming of Bridge No. 6313 on Minnesota State Highway No. 23 to Bi-Aus-Wah Bridge to honor that individual and all Native American veterans of the western hemisphere. -- Received


*          05-0328-07     Building appeal board minutes of July 14, 2004, meeting. -- Received (EMAILED)


*          05-0328-08     Duluth human rights commission minutes of February 9, 2005, meeting. -- Received (EMAILED)


*          05-0328-09     Environmental advisory council minutes of February 2, 2005, meeting. -- Received (EMAILED)


*          05-0328-10     Heritage preservation commission minutes of January 25, 2005, meeting. -- Received (EMAILED)


*          05-0328-11     Parking commission minutes of February 8, 2005, meeting. -- Received (EMAILED)


*          05-0328-12     Planning commission minutes of:  (a) February 16; (b) February 23, 2005, meetings. -- Received (EMAILED)

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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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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)


05-0191R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF SIDEWALK REPAIRS IN 2004.


COMMITTEE 1


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0204R - RESOLUTION AWARDING CONTRACT TO DUNCAN PARKING TECHNOLOGIES FOR PARKING METER SECURITY LOCKS.


05-0206R - RESOLUTION AWARDING CONTRACT TO ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE (ESRI) FOR GIS SOFTWARE AND LICENSE IN THE AMOUNT OF $14,590.19.


BY COUNCILOR JOHNSON                             (PERSONNEL)


05-0182R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF GLENN D. PETERSON AND KELLY RAVENFEATHER AND THE APPOINTMENTS OF BRENDA S. DENTON AND ANNETTE STROM, REPLACING MAUREEN DEGRIO AND JUDITH HERMANS, TO THE SISTER CITY COMMISSION.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0183R - RESOLUTION AUTHORIZING AN AMENDMENT TO THE JOINT POWERS AGREEMENT WITH THE MINNESOTA HOUSING FINANCE AGENCY RELATED TO THE LOW-INCOME HOUSING TAX CREDIT PROGRAM EXTENDING THE TERM THEREOF.


05-0188R - RESOLUTION VACATING PORTIONS OF EAST FOURTH STREET AND FIFTH AVENUE EAST ABUTTING A BUILDING LOCATED AT 502 EAST FOURTH STREET (JAS DULUTH, LLC).


05-0199R - RESOLUTION APPROVING CITY OF DULUTH CONFLICT OF INTEREST POLICY FOR COMMUNITY DEVELOPMENT PROGRAM.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0185R - RESOLUTION OF INTENT TO CONSTRUCT A PERMANENT ALLEY IN MINNEAPOLIS ALLEY FROM WADENA STREET TO OSAKIS STREET (CITY JOB NO. 0488TR).


05-0187R - RESOLUTION AUTHORIZING WATER SERVICE RATE AGREEMENT WITH DULUTH STEAM DISTRICT NO. 2 FOR THE PROVISION OF WATER SERVICE.


05-0190R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SOUTH ST. LOUIS COUNTY SOIL AND WATER CONSERVATION DISTRICT FOR SERVICES RELATED TO IMPLEMENTATION OF A SEDIMENT COLLECTION DEMONSTRATION PROJECT.


05-0200R - RESOLUTION AUTHORIZING AN AGREEMENT WITH TERRY T. MILLER FOR LEASE OF A BUILDING AT 1617 SOUTH STREET IN THE AMOUNT OF $2,400.00.


05-0203R - RESOLUTION AWARDING CONTRACT TO ST. JOSEPH EQUIPMENT FOR ONE KENT HYDRAULIC HAMMER IN THE AMOUNT OF $27,877.44.


05-0207R - RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND ST. LOUIS COUNTY, INCLUDING PLAN APPROVAL FOR THE RECONSTRUCTION OF WOODLAND AVENUE BETWEEN ARROWHEAD ROAD AND ANOKA STREET FOR AN ESTIMATED COST OF $147,066.20.


05-0208R - RESOLUTION AUTHORIZING AGREEMENTS WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND ST. LOUIS COUNTY RELATIVE TO THE RECONSTRUCTION OF TRINITY ROAD (TH 53).


05-0209R - RESOLUTION ORDERING THE CONSTRUCTION OF AN EIGHT INCH SANITARY SEWER IN WEST OWATONNA STREET FROM 294 FEET EAST OF KOLSTAD AVENUE TO 490 FEET EAST OF KOLSTAD AVENUE (CITY JOB 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) AT AN ESTIMATED COST OF $83,700.


05-0210R - RESOLUTION ORDERING THE CONSTRUCTION OF WATER AND SEWER MAINS IN WEST PALM STREET FROM ROBIN AVENUE TO 83 FEET WEST OF CENTERLINE OF TEAK AVENUE AT AN ESTIMATED COST OF $93,700 (CITY JOB NO. 0483WA).


05-0211R - RESOLUTION OF INTENT TO CONSTRUCT AN EIGHT INCH WATERMAIN IN SURREY AVENUE (90TH AVENUE EAST) FROM 100+ FEET NORTHWESTERLY OF THE NORTHWESTERLY LINE OF SEAFIELD STREET TO OLD NORTH SHORE ROAD, AND IN OLD NORTH SHORE ROAD FROM 100+ FEET SOUTHWESTERLY OF THE CENTERLINE OF CANT ROAD TO 1,926+ FEET NORTHEASTERLY OF THE CENTERLINE OF SURREY AVENUE (90TH AVENUE EAST) (CITY PROJECT NO. 0484WA).

 

05-0215R - RESOLUTION AUTHORIZING A NO-COST AGREEMENT WITH VOLT TECH, INC., FOR TEST TRIAL OF SURGE SUPPRESSION/ VOLTAGE REGULATION EQUIPMENT IN CITY SEWER PUMPING STATIONS.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0201R - RESOLUTION AWARDING CONTRACT TO STRATUS COMPUTER COMPANY FOR SIX MONTHS OF A MAINTENANCE AGREEMENT COVERING COMPUTER HARDWARE AND SOFTWARE IN THE AMOUNT OF $14,274

.

05-0205R - RESOLUTION AUTHORIZING THE CITY TO JOIN MINNESOTA COURT INFORMATION SYSTEM.


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-0192R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICERS TO ENTER INTO A FACILITY USE AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 709 FOR THE USE OF WADE MUNICIPAL STADIUM AND WHEELER FIELDS FOR A FEE OF $1,650 PER YEAR.


05-0193R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICERS TO ENTER INTO A FACILITY USE AGREEMENT WITH LAKE SUPERIOR GIRLS’ FAST PITCH FOR THE USE OF WADE MUNICIPAL STADIUM FIELDS AND WHEELER FIELDS FOR A FEE OF $2,725 FOR 2005 AND $3,500 PER YEAR FOR 2006 AND 2007.


05-0194R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICERS TO ENTER INTO A FACILITY USE AGREEMENT WITH COLLEGE OF ST. SCHOLASTICA FOR THE USE OF WADE MUNICIPAL STADIUM FOR 2005, 2006 AND 2007 FOR A FEE OF $5,000 PER YEAR.


05-0195R - RESOLUTION AUTHORIZING A GOLF PROFESSIONAL AGREEMENT FOR OPERATION OF ENGER PARK GOLF COURSE WITH ANDERSON ENTERPRISES FOR UP TO $90,000 IN COMPENSATION, PLUS OPERATING EXPENSES.


05-0196R - RESOLUTION AUTHORIZING A GOLF PROFESSIONAL AGREEMENT FOR OPERATION OF LESTER PARK GOLF COURSE WITH PAUL SCHINTZ, INC., FOR UP TO $90,000 IN COMPENSATION, PLUS OPERATING EXPENSES.


05-0197R - RESOLUTION ACCEPTING $682,284 IN PARTIAL SETTLEMENT OF AMOUNTS DUE UNDER A FIRE INSURANCE POLICY.


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)

 

05-0221R - RESOLUTION MEMORIALIZING THE DULUTH DELEGATION TO THE STATE LEGISLATURE TO SECURE PASSAGE OF LEGISLATION GRANTING AN ADDITIONAL ON SALE INTOXICATING LIQUOR LICENSE FOR USE AT THE ENGER PARK GOLF COURSE.

 


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0184R - RESOLUTION APPROVING 2006 LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN.

 

BY PRESIDENT NESS                       (COMMITTEE OF THE WHOLE)

 

05-0219R - RESOLUTION REQUESTING AN ANALYSIS AND REPORT FROM THE ADMINISTRATION OF EXPANDING THE LIVING WATER GARDEN ALONG THE EAST SIDE OF SLIP 2 AT BAYFRONT.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0178R - RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY 120 FEET OF SANITARY SEWER IN 22ND AVENUE WEST BEGINNING AT SIXTH STREET ALLEY AND EXTENDING NORTHERLY PURSUANT TO SECTION 61(a) OF THE HOME RULE CHARTER OF THE CITY OF DULUTH AT AN ESTIMATED COST OF $12,000 (CITY JOB. NO. 0347TR).


05-0179R - RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY 220 FEET OF SANITARY SEWER IN 22ND AVENUE WEST BEGINNING 100 FEET SOUTH OF FIFTH STREET AND EXTENDING NORTHERLY PURSUANT TO SECTION 61(a) OF THE HOME RULE CHARTER OF THE CITY OF DULUTH AT AN ESTIMATED COST OF $22,000 (CITY JOB. NO. 0347TR).

 

05-0186R - RESOLUTION ORDERING IN THE CONSTRUCTION OF A PERMANENT ALLEY IN CHESTER PARK DRIVE ALLEY FROM 18TH AVENUE EAST TO KENT ROAD (CITY JOB NO. 0477TR) AT AN ESTIMATED COST OF $85,000.

 

 

05-0198R - RESOLUTION ORDERING THE IMPROVEMENT KNOWN AS THE 2006 STREET IMPROVEMENT PROGRAM PURSUANT TO SECTION 61(b) OF THE HOME RULE CHARTER OF THE CITY OF DULUTH AT AN ESTIMATED COST OF $4,548,100.

 

BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

05-0220R - RESOLUTION AUTHORIZING THE CITY TO APPLY FOR A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, OFFICE OF JUSTICE PROGRAMS, FOR A BYRNE MEMORIAL/LOCAL LAW ENFORCEMENT BLOCK GRANT IN THE AMOUNT OF $81,744; AND TO AUTHORIZE THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH ST. LOUIS COUNTY.


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


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


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-008-O - AN ORDINANCE AUTHORIZING SALE OF LOTS IN ONEOTA DULUTH AND IN THE WEST DULUTH SEVENTH DIVISION (BOX FACTORY SITE) FOR THE SUM OF $45,000.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-007-O - AN ORDINANCE AUTHORIZING AGREEMENT TO SELL THE LAKESIDE TOOL HOUSE TO COMMUNITY CONNECTIONS OF MINNESOTA, INC., FOR $81,000.


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


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COUNCILOR QUESTIONS AND COMMENTS


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