AGENDA FOR THE DULUTH CITY COUNCIL MEETING

Monday, July 25, 2005, 7:00 p.m.

Council Chamber, Third Floor, City Hall
411 West First Street, Duluth, Minnesota

REPLACEMENT

 

ROLL CALL

PLEDGE OF ALLEGIANCE

PUBLIC HEARING - 7:30 p.m. - TIF District 23 amendment.


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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


*          05-0725-01     Cirrus Design Corporation submitting petition to vacate utility easements in Lot 3, Block 4, Airport Division. -- Assessor


*          05-0725-02     Minnesota state auditor submitting:

                       (a)       Comprehensive annual financial report for the year ended December 31, 2004, for Western Lake Superior Sanitary District;

                       (b)       Management and compliance report for the year ended December 31, 2004, for Western Lake Superior Sanitary District. -- Received (COUNCILORS ONLY) (PREVIOUSLY DISTRIBUTED)


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REPORTS OF OFFICERS


*          05-0725-03     Assessor submitting letter of sufficiency of petition to construct 1,360 lineal feet of low pressure sanitary sewer within West Morgan Street beginning at the intersection of Joshua Avenue and extending westerly. -- Received


*          05-0725-04     Facilities management real property supervisor submitting rental agreement for Trinity Road fill site with Ulland Brothers Construction Company, pursuant to Section 2-35 of the Duluth City Code, 1959, as amended. -- Mayor for execution.


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REPORTS OF BOARDS AND COMMISSIONS


*          05-0725-05     Charter commission minutes of January 12, 2005, meeting. -- Received (EMAILED)


*          05-0725-06     Commission on disabilities minutes of June 1, 2005, meeting. -- Received (EMAILED)


*          05-0725-07     Parking commission minutes of May 10, 2005, meeting. -- 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)

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OPPORTUNITY FOR CITIZENS TO BE HEARD

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RESOLUTIONS TABLED


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0347R - RESOLUTION UPHOLDING THE DULUTH PLANNING COMMISSION’S DENIAL OF A WATER RESOURCES MANAGEMENT ORDINANCE VARIANCE TO JACOB KAPSNER FOR TWO 8,000 SQUARE FOOT LOTS AT 2810 AND 2814 MINNESOTA AVENUE (KAPSNER/TAMBURRO). (TABLED 7/11)


05-0348R - RESOLUTION REVERSING THE DULUTH PLANNING COMMISSION’S DENIAL OF A WATER RESOURCES MANAGEMENT ORDINANCE VARIANCE TO JACOB KAPSNER FOR TWO 8,000 SQUARE FOOT LOTS AT 2810 AND 2814 MINNESOTA AVENUE (KAPSNER/TAMBURRO). (TABLED 7/11)


05-0421R - RESOLUTION DENYING THE VACATING OF 18TH STREET SOUTH BETWEEN MINNESOTA AVENUE AND LAKE AVENUE (SELINSKI). (TABLED 7/11)


05-0422R - RESOLUTION VACATING 18TH STREET SOUTH BETWEEN MINNESOTA AVENUE AND LAKE AVENUE ON PARK POINT (SELINSKI). (TABLED 7/11)


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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)


05-0506R - RESOLUTION AUTHORIZING THE CITY TO BE A SPONSOR OF THE 2005 NORTH SHORE INLINE MARATHON AT A COST TO THE CITY OF $15,000.


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0493R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM COLUMBA RAMOS (MAYA FAMILY MEXICAN RESTAURANT), 1725 MILLER TRUNK HIGHWAY, TO GONZALEZ RAMOS, INC. (MAYA FAMILY MEXICAN RESTAURANT), SAME ADDRESS.


05-0494R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE WINE LICENSE FROM KHOE TRAN AND NHANH DINH (SAIGON CAFÉ), 915 WEST CENTRAL ENTRANCE, TO KHOE TRAN AND NHANH DINH (SAIGON CAFÉ), 2224 MT. SHADOW DRIVE, AND ISSUING A 3.2 PERCENT MALT LIQUOR LICENSE TO KHOE TRAN AND NHANH DINH (SAIGON CAFÉ), 2224 MT. SHADOW DRIVE.


05-0495R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO BEERHUNTERS SOFTBALL TEAM, DULUTH POLICE SOFTBALL TEAM, AND WOODLAND FASTPITCH ASSOCIATION (JIMMY HERALD MEMORIAL TOURNAMENT).


05-0496R - RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO NORTHLAND COUNTRY CLUB, 3901 EAST SUPERIOR STREET.


05-0497R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM LRB RESTAURANT COMPANY (GRIZZLY’S GRILL & SALOON), 1722 MILLER TRUNK HIGHWAY, TO RANGE RESTAURANTS, LLC (GRIZZLY’S GRILL & SALOON), SAME ADDRESS.


05-0498R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM C&S OF DULUTH, INC. (TERRY’S PLACE), 2232 WEST SUPERIOR STREET, TO BERGEY’S LLC (BERGEY’S), SAME ADDRESS.


05-0499R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF HISTORIC UNION DEPOT (VETERANS MEMORIAL HALL), 506 WEST MICHIGAN STREET.


05-0504R - RESOLUTION AWARDING CONTRACT TO ENERGY & AIR SYSTEMS, INC., FOR VEHICLE EXHAUST VENTILATION MODIFICATIONS AT FIRE STATION #8 IN THE AMOUNT OF $29,900.


BY COUNCILOR JOHNSON                             (PERSONNEL)


05-0490R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF POLICE LIEUTENANT.


05-0491R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF APPLIANCE MECHANIC JOURNEYPERSON.


05-0492R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF DEPUTY FIRE MARSHAL.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0501R - RESOLUTION VACATING A TEN FOOT UTILITY EASEMENT IN LOTS 1 THROUGH 20, BOEHMS TRACTS, FIRST ADDITION (BRUCE BERGH, ET AL.).


BY COUNCILOR ATKINS             (INTERGOVERNMENTAL RELATIONS)


05-0487R - RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH NOAH A. DENNIS, INDEPENDENT LICENSED TEACHER, TO PROVIDE BASIC EDUCATION SERVICES AT THE DULUTH WORKFORCE CENTER AT A COST OF $23,400.


05-0489R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH THE DULUTH WORKFORCE COUNCIL, INC., TO FUNCTION AS A WORKFORCE INVESTMENT BOARD WITHING THE MEANING OF THE FEDERAL WORKFORCE INVESTMENT ACT, EFFECTIVE JULY 1, 2005, UNTIL TERMINATED BY EITHER PARTY.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0482R - RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A $31,000 CLEAN WATER PARTNERSHIP GRANT FOR CONTINUATION OF THE MILLER CREEK PROJECT.


05-0485R - RESOLUTION AUTHORIZING REIMBURSEMENT OF MINNESOTA POWER FOR COST OF AUTO TRANSFER SWITCH FOR LAKEWOOD PUMPING STATION IN THE AMOUNT OF UP TO $75,000.


05-0502R - RESOLUTION AUTHORIZING AGREEMENTS WITH JAMES AND THERESE GRUBA AND WITH ROBERT AND SANDRA PETERS TO REIMBURSE CITY FOR THE COST OF UPGRADING WATER SERVICE TO THEIR PROPERTIES.


05-0503R - RESOLUTION AWARDING CONTRACT TO DULUTH SUPERIOR ERECTION, INC., FOR STREET RESURFACING IN THE AMOUNT OF $44,347.50.


05-0505R - RESOLUTION AUTHORIZING SECOND AMENDMENT TO CITY CONTRACT NO. 19227 RELATED TO THE DULUTH STREAMS PROJECT WITH THE UNIVERSITY OF MINNESOTA NATURAL RESOURCES AND RESEARCH INSTITUTE, EXTENDING THE TERM AND INCREASING THE AMOUNT PAYABLE BY $24,000.


05-0508R - RESOLUTION OF INTENT TO CONSTRUCT A RESIDENTIAL STREET, SANITARY SEWER, WATER AND GAS IN BRISTOLWOOD FIRST ADDITION.


05-0509R - RESOLUTION AWARDING CONTRACT TO NATIONAL WATERWORKS, INC., FOR HDPE WATERMAIN REPAIR PARTS IN THE AMOUNT OF $27,385.36.


05-0510R - RESOLUTION AWARDING CONTRACT TO UTILITY SYSTEMS OF AMERICA FOR CONSTRUCTION OF WATER MAIN AND SANITARY SEWER IN WEST PALM STREET IN THE AMOUNT OF $94,406.50.


05-0511R - RESOLUTION AUTHORIZING AGREEMENT WITH PRAXAIR, INC., AND DEDA FOR TEMPORARY AND PERMANENT ROAD EASEMENTS AND CONSTRUCTION IN ONEOTA III.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0403R - RESOLUTION AUTHORIZING AN EMPLOYMENT SEVERANCE AGREEMENT.


05-0500R - RESOLUTION AUTHORIZING PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES ON AUGUST 10, 2005, IN CONJUNCTION WITH THE VETERANS MEMORIAL HALL CLASSIC CAR SHOW AND SOCK HOP.


END OF CONSENT AGENDA

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

 

COMMITTEE 1


BY COUNCILOR STAUBER                                 (FINANCE)


05-0521R - RESOLUTION PERTAINING TO RESOLUTIONS 05-0454 AND 05-0488; LIVING WATER GARDEN.

 

BY COUNCILOR STEWART (PURCHASING & LICENSING)

 

05-0522R - RESOLUTION AWARDING CONTRACT TO OSCAR J. BOLDT FOR CONSTRUCTION OF THE MEDICAL DISTRICT PARKING RAMP AND SKYWALK.

 

COMMITTEE 2

 

BY COUNCILOR ATKINS (INTERGOVERNMENTAL RELATIONS)

 

05-0524R - RESOLUTION ACCEPTING ENVIRONMENTAL RESPONSIBILITY FOR POTENTIAL CLEAN-UP OF CERTAIN AIRPORT PROPERTY TO FACILITATE CIRRUS EXPANSION.

 

 

BY PRESIDENT NESS (COMMITTEE OF THE WHOLE)

 

05-0523R - RESOLUTION APPOINTING CITIZENS TO THE COUNCIL’S TASK FORCE ON RETIREE HEALTH INSURANCE.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES)


05-0513R - RESOLUTION OF INTENT TO CONSTRUCT 1,360 FEET OF LOW PRESSURE SANITARY SEWER IN WEST MORGAN STREET BEGINNING AT THE INTERSECTION OF JOSHUA AVENUE AND EXTENDING WESTERLY (CITY JOB NO. 0512SN).


05-0518R - RESOLUTION AWARDING CONTRACT TO LETOURNEAU AND SONS, INC., FOR CONSTRUCTION OF SUPERIOR STREET IN THE AMOUNT OF $393,258.75.


05-0519R - RESOLUTION OF INTENT TO CONSTRUCT 100 LINEAL FEET OF EIGHT INCH PVC SANITARY SEWER IN BLACKMAN AVENUE TO SERVE LOTS 11 AND 13, BLOCK 1, CLAGUE AND PRINDLE’S ADDITION, IN CONJUNCTION WITH CITY PROJECT NO. 0341TR, DULUTH HEIGHTS SOUTHEAST 3.


05-0520R - RESOLUTION ORDERING THE CONSTRUCTION OF 100 LINEAL FEET OF EIGHT INCH PVC SANITARY SEWER IN BLACKMAN AVENUE TO SERVE LOTS 11 AND 13, BLOCK 1, CLAGUE AND PRINDLE’S ADDITION, IN CONJUNCTION WITH CITY PROJECT NO. 0341TR, DULUTH HEIGHTS SOUTHEAST 3 AT AN ESTIMATED COST OF $9,060.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-0466R - RESOLUTION IN SUPPORT OF NATIONAL NIGHT OUT TO BE HELD ON AUGUST 2, 2005.

 

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)

 

05-0507R - RESOLUTION AMENDING RESOLUTION 04-0682 ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2005; INCREASING FEES FOR RESIDENT PERMIT PARKING.


05-0514R - RESOLUTION APPROVING SETTLEMENT OF A LAWSUIT BY ROBERT AND ADELE UNZEN IN THE AMOUNT OF $130,000.


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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)


05-031-O - AN ORDINANCE AMENDING SECTION 50-100 OF CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED (BOARD OF ZONING APPEALS AND PLANNING COMMISSION).


05-032-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 12 AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-3 TO C-1, PROPERTY LOCATED AT THE INTERSECTION OF 71ST AVENUE WEST AND GRAND AVENUE.


COMMITTEE 3


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


05-033-O - AN ORDINANCE PERTAINING TO SIGNAGE; AMENDING SECTIONS 44-2 AND 44-23 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

 

BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-034-O - AN ORDINANCE AMENDING SECTIONS 33-126, 33-129 AND 33-130 OF THE DULUTH CITY CODE, 1959, AS AMENDED; RESIDENT PARKING PERMITS.


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


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-029-O - AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE; ADDING A NEW ARTICLE XXXII GOVERNING A HOUSING INVESTMENT FUND.


05-030-O - AN ORDINANCE AUTHORIZING CONVEYANCE OF LOT 10, BLOCK 117, AND LOT 10, BLOCK 118, WEST DULUTH SECOND DIVISION, TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) FOR $9,375. (REPLACEMENT)

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COUNCILOR QUESTIONS AND COMMENTS

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