AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, April 25, 2005, 7:00 p.m.
Council Chamber, Third Floor, City Hal
l411 West First Street, Duluth, Minnesota

REPLACEMENT

 

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES - March 28, 2005.


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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


*          05-0425-01     Allied Properties, Inc., et al. (ten signatures), petition to reclassify from R to C-5, Lots 14, 15 and 16 Block 31, Duluth Heights, Sixth Division. -- Assessor


*          05-0425-02     Ginger M. Friebe, et al. (three signatures), further petition to improve the water and sewer mains in West Palm Street from Robin Avenue to 83 feet west of center line of Teak Avenue. -- Assessor


*          05-0425-03     Joseph H. Kleiman, by Johnson Strom Partnership:

                       (a)       Petition to improve 44th Avenue West from Grand Avenue to approximately 360 feet southerly to include 28 foot wide street with turnaround, storm sewer, watermain, gas main and sanitary sewer main. -- Assessor

                       (b)       Waiver agreement regarding assessments for the improvement of 44th Avenue West from Grand Avenue to approximately 360 feet southerly to include 28 foot wide street with turnaround, storm sewer, watermain, gas main and sanitary sewer main. -- Engineer

 

*          05-0425-04     Peace Church submitting petition to vacate the utility easement in the alley lying between the westerly line of 11th Avenue East and the easterly line of Tenth Avenue East, in Block 32, Lake View Division. -- Assessor


*          05-0425-05     Daniel Stocke, et al. (two signatures), petition to reclassify from:

                       (a)       S to R-1-b that portion of the southeast quarter of the southwest quarter of Section 20, T50N, R14W;

                       (b)       R-1-b to R-3 the northerly 25 feet of Lots 4-8 of Auditors Plat No. 24 located in Section 29, T50N, R14W. -- Assessor


           05-0425-06     Gerald and Janice Hall communication regarding the proposed reclassification from S to S-2 the property located east of Skyline Parkway and south of Earl Street (04-009-O). -- Received (PREVIOUSLY DISTRIBUTED)


*          05-0425-07     Hanft Fride, PA, by William Burns, attorney, communication regarding the proposed reclassification of Outlots C and D, Home Depot Addition, from R-1-b to C-5 (05-010-O). -- Received (PREVIOUSLY DISTRIBUTED)


*          05-0425-08     Gary Peterson acceptance of terms, conditions and provisions of concurrent use permit granted by Ordinance 9687 on September 13, 2004. -- Received


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REPORTS OF OFFICERS


*          05-0425-09     Assessor:

                       (a)       Assessment roll for confirmation levied to defray the assessable portion of Contract No. 5381, Lake Avenue from Second Alley to Seventh Street (assessable amount - $59,806.80);

                       (b)       Letter of sufficiency of petition to reclassify from S to R-1-b that portion of the southeast quarter of the southwest quarter of Section 20, T50N, R14W; and from R-1-b to R-3 the northerly 25 feet of Lots 4-8 of Auditors Plat No. 24 located in Section 29, T50N, R14W. -- Received


*          05-0425-10     Clerk applications to the Minnesota gambling control board for exemptions from lawful gambling licenses from:  (a) Chapter 272, Experimental Aircraft Association, on December 31, 2005 (raffle); (b) St. Luke’s Foundation, on July 18, 2005 (raffle). -- Received


*          05-0425-11     Community development manager copy of Women’s Transitional Housing Coalition’s (WTHC) request for waivers to HUD conflict of interest rules for public notification. -- Received


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REPORTS OF BOARDS AND COMMISSIONS


*          05-0425-12     Commission on disabilities minutes of March 2, 2005, meeting. -- Received (emailed)


*          05-0425-13     Duluth housing commission recommendation regarding the transferring of funds from the community investment trust fund to a housing investment fund (05-0269R). -- Received (emailed)


*          05-0425-14     Duluth human rights commission minutes of March 9, 2005, meeting. -- Received (emailed)


*          05-0425-15     Environmental advisory council:  (a) Minutes of March 2, 2005, meeting; (b) Request to delay action on the proposed deer hunt ordinance (04-013-O). -- Received (PREVIOUSLY DISTRIBUTED)


*          05-0425-16     Parking commission minutes of March 15, 2005, meeting. -- 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)


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.  (TABLED 4/11 FOR MORE INFORMATION)


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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)


05-0261R - RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF LAKE AVENUE FROM SECOND ALLEY TO SEVENTH STREET.


05-0262R - RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF $1,255,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2005A, $1,250,000 GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS, SERIES 2005B, AND $2,275,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005C.


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0233R - RESOLUTION APPROVING THE ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO MARSHALL SCHOOL, 1215 RICE LAKE ROAD, AND GRANDMA’S MARATHON - DULUTH, INC., CANAL PARK DRIVE AND BUCHANAN STREET.


05-0234R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE, DANCING LICENSE AND 2:00 A.M. ALCOHOL BEVERAGE LICENSE OF CW CHIPS GRILL AND BAR, INC. (CW CHIPS GRILL AND BAR), 610 EAST FOURTH STREET, TO CW CHIPS GRILL AND BAR, INC. (TWINS BAR), 501 EAST FOURTH STREET.


05-0235R - RESOLUTION APPROVING THE ISSUANCE OF ON SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2005, AND ENDING APRIL 30, 2006.


05-0236R - RESOLUTION APPROVING THE ISSUANCE OF OFF SALE 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD BEGINNING MAY 1, 2005, AND ENDING APRIL 30, 2006.


05-0238R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND 2:00 A.M. ALCOHOL BEVERAGE LICENSE AND APPLICATION FOR AN ON SALE DANCING LICENSE OF LEGACY RESTAURANTS, INC. (DULUTH ATHLETIC CLUB BAR AND GRILL), 21 NORTH FOURTH AVENUE WEST TO LEGACY RESTAURANTS, INC. (21 NORTH), 402 WEST FIRST STREET.


05-0239R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE AND APPLICATION FOR A 2:00 A.M. ALCOHOL BEVERAGE LICENSE OF LEGACY RESTAURANTS, INC. (DULUTH ATHLETIC CLUB BAR AND GRILL), 351 CANAL PARK DRIVE TO LEGACY RESTAURANTS, INC. (DULUTH ATHLETIC CLUB BAR AND GRILL), 21 NORTH FOURTH AVENUE WEST.


05-0240R - RESOLUTION APPROVING THE ISSUANCE OF 2:00 AM CLOSING LICENSE RENEWALS FOR 3.2 PERCENT MALT LIQUOR LICENSES FOR THE PERIOD BEGINNING MAY 1, 2005, AND ENDING APRIL 30, 2006.


05-0243R - RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND 2:00 A.M. ALCOHOL BEVERAGE LICENSE TO LEGACY RESTAURANTS, INC. (DAC DELI), 11 EAST SUPERIOR STREET.


05-0248R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF LAKE AVENUE CAFÉ, INC. (LAKE AVENUE CAFÉ), 394 LAKE AVENUE SOUTH.


05-0254R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO MINNESOTA LICENSED BEVERAGE ASSOCIATION CHILDREN’S FUND.


05-0255R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR MARSHALL SCHOOL.


05-0271R - RESOLUTION ISSUING AN ON SALE SEASONAL DANCE LICENSE, AN AFTER HOURS ENTERTAINMENT LICENSE AND APPROVING ISSUANCE OF A 2:00 A.M. ALCOHOL BEVERAGE LICENSE TO THEATRE IN THE STATE, INC. (NORSHOR THEATRE), 211 EAST SUPERIOR STREET.


BY COUNCILOR JOHNSON                             (PERSONNEL)


05-0251R - RESOLUTION CONFIRMING THE APPOINTMENT OF MARIO HINOJOSA, SR., TO THE COMMUNITY DEVELOPMENT COMMITTEE, REPLACING JOSEPH PERFETTI.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0260R - RESOLUTION VACATING UTILITY EASEMENT IN VACATED ALLEY ADJOINING AND BETWEEN 349 AND 351 CANAL PARK DRIVE (A&L DEVELOPMENT).


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


05-0252R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO AMEND AN AGREEMENT WITH, AND ACCEPT FUNDS FROM HENNEPIN COUNTY FOR THE PROVISION OF DISLOCATED WORKER SERVICES IN THE AMOUNT OF $54,495 FOR THE PERIOD FROM APRIL 7, 2003, THROUGH MARCH 31, 2006.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0265R - RESOLUTION AWARDING CONTRACT TO TRAFFIC CONTROL CORPORATION FOR TRAFFIC SIGNALS/LED IN THE AMOUNT OF $65,223.52.


05-0266R - RESOLUTION AMENDING RESOLUTION 03-0574 AWARDING CONTRACT TO LHB ENGINEERS & ARCHITECTS FOR CHILLER PLANT AND DISTRIBUTION PIPING TO INCREASE THE AMOUNT BY $69,000 FOR A NEW TOTAL OF $269,000.


05-0267R - RESOLUTION ORDERING THE CONSTRUCTION OF EIGHT INCH WATERMAIN IN SURREY AVENUE PURSUANT TO WAIVER AGREEMENTS.


05-0268R - RESOLUTION OF INTENT TO CONSTRUCT A PERMANENT 28 FOOT WIDE STREET WITH TURNAROUND, STORM SEWER, WATERMAIN, GAS MAIN AND SANITARY SEWER MAIN IN 44TH AVENUE WEST FROM GRAND AVENUE TO APPROXIMATELY 360 FEET SOUTHERLY.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0257R - RESOLUTION TO ESTABLISH NO PARKING ON WOODLAND AVENUE.


05-0258R - RESOLUTION TO ESTABLISH NO PARKING ON HARTLEY DRIVE.


05-0259R - RESOLUTION TO ESTABLISH ONE STALL HANDICAPPED PARKING ZONES AT VARIOUS LOCATIONS.


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-0263R - RESOLUTION APPROVING EXERCISE OF EASEMENT RIGHTS BY NORTHERN NATURAL GAS COMPANY, ACCEPTING PAYMENT AND ASSIGNING PAYMENT TO DULUTH AIRPORT AUTHORITY.


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)

05-0272R - RESOLUTION AMENDING RESOLUTION 04-0594 ADDING AN ADDITIONAL $1.2 MILLION TO THE ALLOCATION OF CITY FUNDS FOR THE DULUTH-KROC COMMUNITY CENTER.


BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)


05-0264R - RESOLUTION RECOMMENDING IMPROVED VOTING EQUIPMENT SUITABLE FOR DIFFERENT VOTING METHODS.


05-0269R - RESOLUTION TRANSFERRING FUNDS FROM COMMUNITY INVESTMENT TRUST FUND TO HOUSING INVESTMENT FUND AND RESTRICTIONS THEREON. (REPLACEMENT)

 

05-0275R - RESOLUTION AUTHORIZING AN OFFER OF SETTLEMENT UNDER RULE 68 OF THE RULES OF CIVIL PROCEDURE.

 

COMMITTEE 3

 

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


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

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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 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-016-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY IN WEST DULUTH TO GRANITE WORKS, INC., FOR $54,450.


BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)


05-017-O - AN ORDINANCE PERTAINING TO CABLE TELEVISION FRANCHISE.


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


COMMITTEE 1


BY COUNCILORS STAUBER, STEWART & STOVER


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.


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.


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COUNCILOR QUESTIONS AND COMMENTS

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