AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, April 11, 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 - March 14, 2005.

PUBLIC HEARING - 7:00 p.m. - Third Street improvement project.


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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


*          05-0411-01     Community Connection of Minnesota, Inc., et al. (15 signatures), petition to reclassify from R-1 to C-1 Block 93, Lots 1, 2 and 3 in London Addition. -- Assessor


*          05-0411-02     Georgia Johnson, et al. (11 signatures), petition to vacate the alley in Block 3 and the alley adjacent to Lots 1 and 30, Block 3, Norton-Fairmont Park Division. -- Assessor


           05-0411-03     AFSCME Council 5 communication regarding the proposed amendment to the civil service classification of utiliy operations leadworker (05-0152R). -- Received


*          05-0411-04     University of Minnesota Duluth acceptance of terms, conditions and provisions of concurrent use permit granted by Ordinance 9713 on January 3, 2005. -- Received


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REPORTS OF OFFICERS


*          05-0411-05     Assessor:

                       (a)       Affidavit of mailing of notice of public hearing by the special assessment board on Tuesday, April 12, 2005, at 3:30 p.m. in Room 106A, City Hall, regarding the proposed construction of alley in Minneapolis Alley from Wadena Street to Osakis Street. -- Clerk

                       (b)       Letters of sufficiency of petitions to:

                                   (1)       Reclassify from R-1 to C-1 Lots 1-4, Block 93, London Addition;

                                   (2)       Reclassify from S to R-3 northeast quarter of northwest quarter of Section 29, Township 50, Range 14;

                                   (3)       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;

                                   (4)       Vacate the alley in Block 3, Norton Fairmont Park Division and the alley adjacent to Lots 1 & 30, Block 3, Norton Fairmont Park Division;

                                   (5)       Vacate the utility easement that was part of the rearrangement of Blocks 7 and 8, Industrial Division. -- Received


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REPORTS OF BOARDS AND COMMISSIONS


*          05-0411-06     Civil service board minutes of: (a) January 4; (b) February 8, 2005, meetings. -- Received (emailed)


           05-0411-07     Duluth airport authority balance sheet of January 31, 2005. -- Received


*          05-0411-08     Heritage preservation commission minutes of February 22, 2005, meeting. -- Received (emailed)


*          05-0411-09     Library board minutes of February 22, 2005, meeting. -- Received (emailed)


*          05-0411-10     Special assessment board minutes of: (a) March 8; (b) March 22, 2005, meetings. -- Received (emailed)

_________________________________________

* 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 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


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. (TABLED 3/28 FOR MORE INFORMATION)


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


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. (TABLED 3/28 FOR COMMITTEE MEETING)


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. (TABLED 3/28 FOR COMMITTEE MEETING)


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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)


05-0228R - RESOLUTION AUTHORIZING AN AGREEMENT WITH NORTHLAND CONSTRUCTORS OF DULUTH, LLC, AND M&I MARSHALL & ILSLEY BANK REGARDING CONTRACTOR RETAINING UNDER M.S. 15.73.


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0230R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO HERMANTOWN VOLUNTEER FIRE DEPARTMENT, 4015 AIRPARK BOULEVARD AND COLLEGE OF ST. SCHOLASTICA, 1200 KENWOOD AVENUE.


05-0231R - RESOLUTION APPROVING THE 2:00 A.M. CLOSING LICENSE FOR O’GILBY’S, INC, (O’GILBYS BAR), 511 EAST FOURTH STREET.


05-0232R - RESOLUTION APPROVING THE TRANSFER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF FITGER’S WINE CELLARS, LLC, (FITGER’S WINE CELLARS), 600 EAST SUPERIOR STREET.


05-0237R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR RUFFED GROUSE SOCIETY, AMERICAN ASSOCIATION OF UNIVERSITY WOMEN, DULUTH ART INSTITUTE, AND SCLERODERMA FOUNDATION, MINNESOTA CHAPTER.


05-0244R - RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE TO CLUB BLUE MOON RESTAURANT, INC. (BLUE MOON), 220 WEST SUPERIOR STREET.


BY COUNCILOR JOHNSON                             (PERSONNEL)


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


05-0222R - RESOLUTION CONFIRMING THE REAPPOINTMENTS OF KERRY GAUTHIER, WILLIAM JACKSON AND SALLY SPELLERBERG TO THE DULUTH HUMAN RIGHTS COMMISSION.


05-0247R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF WALLACE PFISTER AND THE APPOINTMENTS OF LENARD SHEETS AND JUDY HARPER, REPLACING STEVE SYDOW AND ANTHONY YUNG, TO THE COMMUNITY DEVELOPMENT COMMITTEE.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0242R - RESOLUTION AUTHORIZING PURCHASE OF SAN MARCO PROPERTY FROM MARY ANDERSON FOR $90,000.


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


05-0213R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AND ACCEPT FUNDS FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR PROVISION OF WORKFORCE INVESTMENT ACT TITLE I SERVICES, MINNESOTA YOUTH PROGRAM SERVICES, MINNESOTA STATE DISLOCATED WORKER PROGRAM SERVICES, AND OLDER AMERICAN PROGRAM SERVICES FOR PROGRAM YEARS 2005-2008.


05-0216R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AND ACCEPT FUNDS FROM ST. LOUIS COUNTY TO PROVIDE MINNESOTA FAMILY INVESTMENT PROGRAM AND DIVERSIONARY WORK PROGRAM EMPLOYMENT AND TRAINING SERVICES, IN THE AMOUNT OF $1,084,387 FOR THE PERIOD JANUARY 1, 2005, TO DECEMBER 31, 2005.


05-0217R - RESOLUTION AUTHORIZING MAYOR HERB BERGSON TO ENTER INTO AN AGREEMENT WITH AND ACCEPT FUNDS FROM THE MINNESOTA JOBS SKILLS PARTNERSHIP FOR A LOW INCOME WORKER TRAINING GRANT IN AN AMOUNT NOT TO EXCEED $99,062 FOR THE PERIOD JULY 1, 2005, TO JUNE 30, 2007.


05-0218R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AND ACCEPT FUNDS FROM THE DULUTH HOUSING AND REDEVELOPMENT AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES IN CONNECTION WITH A LOW INCOME WORKER TRAINING GRANT FROM THE MINNESOTA JOB SKILLS PARTNERSHIP IN AN AMOUNT NOT TO EXCEED $7,700 FOR THE PERIOD JULY 1, 2005, TO JUNE 30, 2007.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0212R - RESOLUTION AMENDING CONTRACT TO UTILITY SYSTEMS OF AMERICA FOR WASTEWATER COLLECTION SYSTEM AND STREET IMPROVEMENTS IN MORGAN PARK - PHASE II IN THE AMOUNT OF $594,289.05.


05-0227R - RESOLUTION AWARDING CONTRACT TO ASPEN EQUIPMENT, INC., FOR ONE ENGINE DRIVEN BRUSH CUTTER IN ACCORDANCE WITH SPECIFICATIONS ON ITS LOW SPECIFICATION BID OF $33,436.30.


05-0249R - RESOLUTION AWARDING CONTRACT TO DULUTH READY MIX, INC., FOR CLASS 5 GRAVEL, CRUSHED ROCK AND WASHED SAND AS NEEDED DURING YEAR 2005 AT AN ESTIMATED AMOUNT OF $57,468.56.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0223R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIAL TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $81,737 TO PROVIDE FUNDING FOR THE LAKE SUPERIOR DRUG TASK FORCE AND TO AUTHORIZE THE EXPENDITURE OF $49,215 IN REQUIRED MATCHING FUNDS.


05-0225R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM MINNESOTA DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT IN THE AMOUNT OF $400,000 TO ESTABLISH AN EMERGENCY JOINT OPERATIONS CENTER AT THE NEW WEST DULUTH POLICE STATION.


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-0065R - RESOLUTION AMENDING RESOLUTION 04-0027 AWARDING CONTRACT TO ST. LOUIS COUNTY SOCIAL SERVICES FOR CATERED MEALS DURING YEAR 2005, TO INCREASE THE AMOUNT BY $169,637 FOR A NEW TOTAL $827,016.50.


05-0072R - RESOLUTION AWARDING CONTRACT TO CENTRAL NEBRASKA PACKING, INC., FOR FROZEN MEAT AND BONES TO BE USED AS ANIMAL FOOD AS NEEDED DURING THE YEAR 2005 AT AN ESTIMATED AMOUNT OF $25,000.


05-0241R - RESOLUTION AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE SUPERIOR HIKING TRAIL ASSOCIATION RELATING TO THE CITY’S SERVICES AS FISCAL AGENT FOR GRANTS AWARDED TO THE ASSOCIATION.


05-0245R - RESOLUTION AUTHORIZING THE CITY’S FINANCE DIRECTOR TO ACT AS FISCAL AGENT FOR GRANTS FOR THE SUPERIOR HIKING TRAIL ASSOCIATION FOR THE DEVELOPMENT OF THE SUPERIOR HIKING TRAIL.


05-0250R - RESOLUTION ESTABLISHING RE-PAYMENT SCHEDULE FOR DEBT OWED BY SPIRIT MOUNTAIN RECREATION AREA AUTHORITY IN PRINCIPAL AMOUNT OF $231,512.01. (REPLACEMENT)


END OF CONSENT AGENDA


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The following entitled resolution is also for consideration at this meeting:

 

COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0246R - RESOLUTION ORDERING THE IMPROVEMENT OF THIRD STREET FROM 19-1/2 AVENUE WEST TO CARLTON STREET (CITY JOB NO. 0123TR) AT AN ESTIMATED COST OF $3,200,000.

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED


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. (TABLED 3/28 FOR PLANNING COMMISSION REVIEW)


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


COMMITTEE 1

 

BY COUNCILORS STAUBER AND STEWART

 

05-012-O - AN ORDINANCE REGULATING THE FEEDING OF DEER WITHIN THE CITY; AMENDING SECTION 6-78 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

 

BY COUNCILORS STAUBER, STEWART AND STOVER

 

05-013-O - AN ORDINANCE RELATING TO WILD ANIMALS; ESTABLISHING A DEER HUNTING SEASON; AMENDING SECTION 49-4 AND CHAPTER 6 OF THE DULUTH CITY CODE 1959, AS AMENDED.

 

COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-009-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 14 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM S, SUBURBAN, TO S-2, SUBURBAN RESIDENTIAL, PROPERTY LOCATED EAST OF SKYLINE PARKWAY AND SOUTH OF EARL STREET (CHARLES BELL).


05-010-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 23 AND 28 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION OF OUTLOTS C AND D, HOME DEPOT ADDITION, FROM R-1-B, ONE FAMILY RESIDENTIAL, TO C-5, PLANNED COMMERCIAL, LOCATED ALONG THE EAST AND SOUTH SIDE OF MALL DRIVE, SOUTH OF CENTRAL ENTRANCE (TH 94) AND EAST OF TRINITY ROAD (TH 53) IN DULUTH HEIGHTS (JOHN JOHANNSON, DULUTH HILLS, LLC).

 

BY PRESIDENT NESS                       (COMMITTEE OF THE WHOLE)

 

05-014-O - AN ORDINANCE AMENDING CHAPTER 29C OF THE DULUTH CITY CODE, 1959, AS AMENDED; FAIR HOUSING SUPPLEMENT.

 

COMMITTEE 3


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)

 

05-015-O - AN ORDINANCE PERTAINING TO THE FIRE CODE, ALLOWING PRIVATE INSPECTIONS; AMENDING SECTIONS 21-1 AND 21-2 OF THE DULUTH CITY CODE, 1959, AS AMENDED.


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


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COUNCILOR QUESTIONS AND COMMENTS


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DISCLAIMER