AGENDA FOR THE
DULUTH CITY COUNCIL MEETING

Monday, August 8, 2005, 7:00 p.m.

REPLACEMENT 2


ROLL CALL

PLEDGE OF ALLEGIANCE

PUBLIC HEARING -  7:00 p.m. - Property tax abatement for the Lakewalk extension project.

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


- - -

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


*          05-0808-08     Daniel Lax submitting:

                       (a)       Petition to construct a residential street, sanitary sewer, water main and gas main to serve Bristolwood First Addition. -- Assessor

                       (b)       Waiver agreement for the construction of a residential street, sanitary sewer, water main and gas main to serve Bristolwood First Addition. -- Engineer


*          05-0808-01     Lotus Realty Services, et al. (seven signatures), submitting petition to construct a permanent alley between Blocks 12 and 13, east of Central Avenue (Bristol to Ramsey streets). -- Assessor


- - -


REPORTS OF OFFICERS


*          05-0808-02     Assessor submitting affidavit of mailing of notice of public hearing by the special assessment board on Tuesday, August 9, 2005, at 3:30 p.m. in Room 402, City Hall, regarding the proposed construction of West Morgan beginning at Joshua Avenue and extending westerly. -- Clerk


*          05-0808-03     Auditor submitting comprehensive annual financial report for the city of Duluth for the fiscal year ended December 31, 2004. -- Received (COUNCILORS ONLY)


*          05-0808-04     Clerk submitting application to the Minnesota gambling control board for exemption from lawful gambling license from March of Dimes on October 20, 2005 (raffle). -- Received


- - -


REPORTS OF BOARDS AND COMMISSIONS


*          05-0808-05     Civil service board minutes of:  (a) May 3; (b) June 7, 2005, meetings. -- Received (E-MAILED)


*          05-0808-06     Duluth airport authority unaudited balance sheet for month ended May 31, 2005. -- Received


*          05-0808-07     Duluth transit authority minutes of June 29, 2005 meeting. -- 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)
  • Air National Guard base (7/21/2005)

- - -


OPPORTUNITY FOR CITIZENS TO BE HEARD


- - -

 

RESOLUTIONS TABLED


COMMITTEE 1


BY COUNCILOR STAUBER                                 (FINANCE)


05-0521R - RESOLUTION PERTAINING TO RESOLUTIONS 05-0454 AND 05-0488; LIVING WATER GARDEN. (TABLED 7/25)


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0522R - RESOLUTION AWARDING CONTRACT TO OSCAR J. BOLDT CONSTRUCTION, FOR CONSTRUCTION OF MEDICAL DISTRICT PARKING RAMP AND SKYWALKS IN THE AMOUNT OF $11,548,400. (TABLED 7/25)

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)


COMMITTEE 3


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. (TABLED 7/25/)


- - -


MOTIONS AND RESOLUTIONS


CONSENT AGENDA

All matters listed under the consent agenda were enacted by one unanimous motion.


COMMITTEE 1


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0530R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO DULUTH SOFTBALL PLAYERS ASSOCIATION, WHEELER FIELD.


05-0532R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR ROCKY MOUNTAIN ELK FOUNDATION.


05-0542R - RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO NORTHLAND VIETNAM VETERANS ASSOCIATION, BAYFRONT PARK.


BY COUNCILOR JOHNSON                             (PERSONNEL)


05-0515R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF HEAD MECHANIC.


05-0517R - RESOLUTION CONFIRMING THE REAPPOINTMENT OF ROBERT A. PRUSAK TO THE SANITARY SEWER BOARD OF THE WLSSD.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0526R - RESOLUTION AUTHORIZING ACQUISITION OF CERTAIN PROPERTY ADJACENT TO GRAND AVENUE FROM THE STATE OF MINNESOTA FOR AN AMOUNT NOT TO EXCEED $1,500.


BY PRESIDENT NESS                        (COMMITTEE OF THE WHOLE)


05-0516R - RESOLUTION APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 13, 2005, MUNICIPAL PRIMARY ELECTION; AND AMENDING RESOLUTION 05-0516 REGARDING THE DESIGNATION OF POLLING PLACES FOR THE SEPTEMBER 13, 2005, MUNICIPAL PRIMARY ELECTION.


COMMITTEE 3


BY COUNCILOR STOVER                  (PUBLIC WORKS & UTILITIES) 

 

05-0525R - RESOLUTION APPROVING SETTLEMENT OF CITY CLAIM AGAINST A&L DEVELOPMENT, INC., IN THE AMOUNT OF $22,000.

05-0527R - RESOLUTION DESIGNATING SEWER BASINS 10 AND 11 FOR I&I ENFORCEMENT UNDER CHAPTER 43 AND GIVING NOTICE TO AFFECTED PROPERTIES.


05-0528R - RESOLUTION AWARDING CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC, FOR CONSTRUCTION OF SUPERIOR STREET OVER CHESTER CREEK IN THE AMOUNT OF $614,206.50.

05-0529R - RESOLUTION AWARDING CONTRACT TO VIELE CONTRACTING, INC., FOR CONSTRUCTION OF SANITARY SEWER/87TH AVENUE WEST IN THE AMOUNT OF $25,689.45.


05-0534R - RESOLUTION ORDERING THE CONSTRUCTION OF A RESIDENTIAL STREET, SANITARY SEWER, WATER MAIN, AND GAS MAIN TO SERVE BRISTOLWOOD FIRST ADDITION, PURSUANT TO WAIVER AGREEMENTS AT AN ESTIMATED COST OF $510,000 (CITY JOB NO. 0465TR).

 

05-0535R - RESOLUTION AWARDING CONTRACT TO MORTON SALT DIVISION C/O HALLETT DOCK COMPANY FOR ROAD SALT IN THE AMOUNT OF $474,138.


05-0536R - RESOLUTION AWARDING CONTRACT TO VIELE CONTRACTING, INC., FOR CONSTRUCTION OF WATER MAIN IN ETHEL AVENUE IN THE AMOUNT OF $86,210.


05-0537R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH RLK KUUSISTO, LTD., FROM YEAR 2006 MINNESOTA TURNBACK PROJECT FOR MICHIGAN STREET FROM 13TH AVENUE WEST TO MESABA AVENUE ESTIMATED AT $44,014.


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-0512R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A BLUES FESTIVAL AGREEMENT WITH BAYFRONT BLUES FESTIVAL, INC., AND THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY.

END OF CONSENT AGENDA


- - -


The following entitled resolutions were also considered:


COMMITTEE 1


BY COUNCILOR STAUBER                                 (FINANCE)


05-0533R - RESOLUTION BY THE CITY OF DULUTH, MINNESOTA, AUTHORIZING THE ABATEMENT OF TAXES PURSUANT TO MINNESOTA STATUTES, SECTION 469.1812 THROUGH 469.1815.


BY COUNCILOR STEWART                (PURCHASING & LICENSING)


05-0539R - RESOLUTION AWARDING CONTRACT TO CARLSON MEDIA, INC., FOR PRODUCTION SERVICES FOR AERIAL LIFT BRIDGE DOCUMENTARY IN THE AMOUNT OF $10,000.


COMMITTEE 2


BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


05-0538R - RESOLUTION AUTHORIZING AN APPLICATION FOR A MINNESOTA INVESTMENT FUND GRANT RELATED TO THE CIRRUS EXPANSION AND FURTHER AUTHORIZING EXECUTION OF DOCUMENTS NECESSARY TO IMPLEMENT THE PROJECT.

 

05-0543R - RESOLUTION AUTHORIZING AN APPLICATION FOR A BUSINESS DEVELOPMENT PUBLIC INFRASTRUCTURE GRANT RELATED TO THE CIRRUS EXPANSION AND FURTHER AUTHORIZING EXECUTION OF DOCUMENTS NECESSARY TO IMPLEMENT THE PROJECT.


05-0544R - RESOLUTION AUTHORIZING AN APPLICATION FOR A BUSINESS DEVELOPMENT PUBLIC INFRASTRUCTURE GRANT RELATED TO THE SMDC EXPANSION AND FURTHER AUTHORIZING EXECUTION OF DOCUMENTS NECESSARY TO IMPLEMENT THE PROJECT.


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


05-0546R - RESOLUTION AMENDING AGREEMENT WITH LOU CAMPBELL PRODUCTIONS FOR THE USE OF BAYFRONT FESTIVAL PARK.

05-0547R - RESOLUTION AMENDING AGREEMENT WITH LOU CAMPBELL PRODUCTIONS FOR THE USE OF BAYFRONT FESTIVAL PARK.

- - -

 

INTRODUCTION AND CONSIDERATION OF ORDINANCES


The following entitled ordinance was read for the first time:


COMMITTEE 2

 

BY COUNCILOR GILBERT       (PLANNING & ECONOMIC DEVELOPMENT)


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


The following entitled ordinances were read for the second 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.


- - -

 

DISCLAIMER