AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, May 9, 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 28, 2005.

PUBLIC HEARING - 7:30 P.M. - Proposed feeding of deer (05-012-O) and deer hunting season (05-013-O).


- - -

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


*          05-0509-01     Harold C. Smith, et al. (29 signatures), submitting remonstrance petition opposing the Chester Park Alley improvement between 18th Avenue East and Kent Road. -- Assessor


           05-0509-02     Minnesota state auditor submitting Duluth Entertainment Convention Center authority (Duluth state convention center administrative board) audit report for the years ended December 31, 2004, and 2003. -- Received (PREVIOUSLY DISTRIBUTED) (COUNCILORS ONLY)


           05-0509-03     The PFM Group submitting presale analysis regarding $1,255,000 G.O. capital improvement bonds, Series 2005A; and $1,250,000 G.O. steam utility revenue bonds, Series 2005B and $2,275,000 G.O. public improvement bonds, Series 2005C. -- Received (PREVIOUSLY DISTRIBUTED) (COUNCILORS ONLY)


- - -


REPORTS OF OFFICERS


*          05-0509-04     Assessor submitting:

                       (a)       Affidavit of mailing of notice of public hearing by the special assessment board on Tuesday, May 10, 2005, at 3:30 p.m. in Room 106A, City Hall, regarding the proposed reassessment of cancelled assessments. -- Clerk

                       (b)       For confirmation the assessment rolls levied to defray the assessable portions of street water and sewer development at Basswood Avenue from Walnut Avenue to 676 feet north, Contract 5376 (assessable - $125,179.36), Matterhorn Circle from Matterhorn Drive southerly 650, Contract 5383 (assessable - $287,011.68);

                       (c)       Letters of sufficiency of petitions to:

                                   (1)       Improve 44th Avenue West from Grand Avenue to approximately 360 feet southerly to include a permanent 28 foot wide street with turnaround, storm sewer, watermain, gas main and sanitary sewer main;

                                   (2)       Oppose construction of a permanent improvement alley in Block 10, Park Drive Division, Chester Park Drive Alley from 18th Avenue East to Kenwood Avenue (remonstrance petition);

                                   (3)       Vacate a utility easement located in Lakeview Division, Block 32. -- Received


- - -


REPORTS OF BOARDS AND COMMISSIONS


*          05-0509-05     Animal humane board minutes of April 26, 2005, meeting. -- Received (emailed)


           05-0509-06     Duluth airport authority balance sheet of February 28, 2005. -- Received

_________________________________________

* 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

- - -


RESOLUTIONS TABLED


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. (AMENDMENT) (RETABLED 4/25 FOR MORE INFORMATION)


- - -


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)


05-0282R - RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR MAY 1, 2005, TO APRIL 30, 2006, IN THE AMOUNT OF $4,063,477 AND THE CAPITAL REPAIR AND REPLACEMENT BUDGET FOR THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY.


05-0290R - RESOLUTION CONFIRMING ASSESSMENT ROLLS LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF STREET WATER AND SEWER DEVELOPMENT AT BASSWOOD AVENUE FROM WALNUT AVENUE TO 676 FEET NORTH AND AT MATTERHORN CIRCLE FROM MATTERHORN DRIVE SOUTHERLY 650 FEET.

 

05-0312R - RESOLUTION AMENDING RESOLUTION 05-0262 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)


05-0256R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN CANAL PARK ON JUNE 17-19, 2005, IN CONJUNCTION WITH GRANDMA'S MARATHON AND SUBJECT TO CERTAIN CONDITIONS.


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.


05-0293R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE FOR LAKE SUPERIOR MARINE MUSEUM ASSOCIATION AND WAIVING THE 60 DAY WAITING PERIOD.


05-0294R - RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO LAKE SUPERIOR STEELHEAD ASSOCIATION AND HILLSIDE BUSINESS ASSOCIATION.


05-0295R - RESOLUTION ISSUING AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO ANDERSON GOLF, INC. (ENGER PARK GOLF COURSE), 1801 WEST SKYLINE PARKWAY.


05-0296R - RESOLUTION ISSUING AN ON SALE SEASONAL DANCE LICENSE TO JUST TAKE ACTION, INC. (FITGER’S BREWHOUSE/REDSTAR), 600 EAST SUPERIOR STREET.


05-0298R - RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE, ON SALE SUNDAY LICENSE AND A 2:00 A.M. ALCOHOL BEVERAGE LICENSE TO BAJA LIFESTYLE ENTERPRISES, INC. (BAJA BILLY’S CANTINA AND GRILL), 600 EAST SUPERIOR STREET.


05-0299R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE LICENSED PREMISES OF GRANDMA’S, INC. (GRANDMA’S SALOON AND DELI), 522 LAKE AVENUE SOUTH, AND LEMON REEF, INC. (REEF BAR), 2002 LONDON ROAD.


05-0303R - RESOLUTION AWARDING CONTRACT TO INTER CITY OIL, INC., FOR FUEL AS NEEDED FOR 12 MONTHS AT AN ESTIMATED AMOUNT OF $50,000.

 

05-0307R - RESOLUTION AUTHORIZING LEASE AGREEMENT WITH MIDNIGHT SUN ADVENTURE COMPANY FOR LEASING OF ENDION STATION.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0177R - RESOLUTION AUTHORIZING A SECTION 108 LOAN AGREEMENT WITH HILLSIDE BUSINESS ASSOCIATION, IN THE AMOUNT OF $7,282,000, CONTINGENT UPON THE APPROVAL OF HUD.


05-0287R - RESOLUTION VACATING UNCONSTRUCTED ALLEY BETWEEN 81ST AVENUE WEST AND 82ND AVENUE WEST NORTH OF COLEMAN STREET AND SOUTH OF THE ALLEY SOUTH OF THE ABANDONED DULUTH WINNIPEG & PACIFIC RAILROAD RIGHT OF WAY AND VACATING THE UNCONSTRUCTED ALLEY SOUTH OF THE ABANDONED DULUTH WINNIPEG & PACIFIC RAILROAD RIGHT OF WAY BETWEEN 81ST AVENUE WEST AND 82ND AVENUE WEST (GEORGIA M. JOHNSON).


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


05-0279R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO AMEND A CONTRACT WITH ST. LOUIS COUNTY TO PROVIDE FOOD SUPPORT EMPLOYMENT AND TRAINING SERVICES AT COSTS NOT TO EXCEED $400 PER PARTICIPANT, FROM OCTOBER 1, 2004, THROUGH SEPTEMBER 30, 2005, AT A TOTAL COST NOT TO EXCEED $50,007.


05-0302R - RESOLUTION ASSIGNING TO WESTERN LAKE SUPERIOR SANITARY DISTRICT THE CITY’S INTEREST IN A $550,000 GRANT FROM U.S. ENVIRONMENTAL PROTECTION AGENCY FOR WASTEWATER INFRASTRUCTURE IMPROVEMENTS.


BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)


05-0229R - RESOLUTION DESIGNATING POLLING PLACES FOR THE SEPTEMBER 13, 2005, MUNICIPAL AND SCHOOL BOARD PRIMARY ELECTION AND THE NOVEMBER 8, 2005, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0270R - RESOLUTION AMENDING RESOLUTION 05-0249 AWARDING CONTRACT TO DULUTH READY MIX, INC., FOR CLASS 5 GRAVEL, CRUSHED ROCK AND WASHED SAND AS NEEDED DURING YEAR 2005 TO INCREASE THE AMOUNT BY $35,102.30 FOR A NEW TOTAL OF $92,570.86.


05-0274R - RESOLUTION AWARDING CONTRACT TO HYDRO METERING TECHNOLOGY FOR WATER METER REPAIR PARTS AS NEEDED DURING YEAR 2005 AT AN ESTIMATED AMOUNT OF $39,724.50.


05-0276R - RESOLUTION AUTHORIZING AN AGREEMENT WITH LAKE SUPERIOR COLLEGE TO REIMBURSE CITY FOR ONE-HALF OF THE COST OF CONSTRUCTION OF A 12 INCH WATERMAIN IN A PORTION OF TRINITY ROAD.


05-0277R - RESOLUTION ORDERING IN THE CONSTRUCTION OF A PERMANENT ALLEY IN MINNEAPOLIS AVENUE ALLEY FROM WADENA STREET TO OSAKIS STREET (CITY JOB NO. 0488TR) AT AN ESTIMATED COST OF $10,110.


05-0284R - RESOLUTION AWARDING CONTRACTS TO ACE PROPERTY MAINTENANCE, INC., FOR GRASS CUTTING SERVICES IN THE TOTAL AMOUNT OF $27,065.91.


05-0288R - RESOLUTION AWARDING CONTRACT TO ULLAND BROTHERS, INC., FOR 17,250 TONS OF WASHED SAND IN THE AMOUNT OF $176,180.21.


05-0289R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS, INC. FOR CONSTRUCTION OF DULUTH HEIGHTS SE3 2005 STREET IMPROVEMENT PROJECT SITES IN THE AMOUNT OF $699,227.35.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0278R - RESOLUTION TO RESCIND NO PARKING ZONE ON THE EAST SIDE OF 17TH AVENUE EAST BETWEEN LONDON ROAD AND SOUTH STREET.


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-0273R - RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) RELATING TO PARTICIPATION BY DEDA IN THE CITY OF DULUTH SELF INSURANCE FUND PROGRAM FOR 2005.


END OF CONSENT AGENDA

- - -


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

 

COMMITTEE 1


BY COUNCILORS STAUBER, STEWART & STOVER

 

05-0305R - RESOLUTION AMENDING RESOLUTION 04-0682 ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2005; SETTING FEES FOR DEER FEEDING PERMIT AND DEER HUNTING QUALIFICATION CERTIFICATE.

 

05-0306R - RESOLUTION GOVERNING THE SEASONAL DEER HUNT IN DULUTH; SETTING RULES AND STANDARDS; PROVIDING FOR A MANAGING AGENT.

 

BY COUNCILOR STEWART                (PURCHASING & LICENSING)

 

05-0226R - RESOLUTION AWARDING CONTRACT TO HOLIDAY STATION STORES, INC., FOR FUEL AS NEEDED FOR 12 MONTHS AT AN ESTIMATED AMOUNT OF $360,000.

 


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.


05-0291R - RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST BY MENARD, INC., FOR A VARIANCE TO ALLOW A GROUND SIGN TO EXCEED THE HEIGHT LIMITATION FOR THE INSTALLATION OF A 75 FOOT HIGH, 250 SQUARE FOOT GROUND SIGN ON PROPERTY LOCATED AT 503 NORTH 50TH AVENUE WEST. (REPLACEMENT)


05-0292R - RESOLUTION REVERSING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST BY MENARD, INC., FOR A VARIANCE TO ALLOW A GROUND SIGN TO EXCEED THE HEIGHT LIMITATION FOR THE INSTALLATION OF A 75 FOOT HIGH, 250 SQUARE FOOT GROUND SIGN ON PROPERTY LOCATED AT 503 NORTH 50TH AVENUE WEST. (REPLACEMENT)

 

05-0301R - RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH C.R. PLANNING, INC. FOR THE DEVELOPMENT OF A COMPREHENSIVE PLAN FOR THE CITY OF DULUTH, IN AN AMOUNT NOT TO EXCEED $190,000.


BY COUNCILORS GILBERT, STOVER & REINERT


05-0300R - RESOLUTION IN SUPPORT OF CLEAN LAKES AND RIVERS.


- - -


INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCES TABLED


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. (AMENDMENT) (REPLACEMENT) (TABLED 4/25 FOR MORE INFORMATION)


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. (REPLACEMENT) (TABLED 4/25 FOR MORE INFORMATION)


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)


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. (TABLED 4/25 FOR MORE INFORMATION)


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

 

COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-018-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 43, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE-FAMILY RESIDENTIAL DISTRICT, TO C-1, COMMERCIAL DISTRICT, PROPERTY ON THE SOUTHEAST CORNER OF DODGE STREET AND 51ST AVENUE EAST(RICHARD KAY, COMMUNITY CONNECTION OF MINNESOTA, INC.).


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


BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)


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


- - -

COUNCILOR QUESTIONS AND COMMENTS

- - -

 

DISCLAIMER