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ROLL
CALL
PLEDGE OF
ALLEGIANCE
PUBLIC HEARINGS - 7:30 p.m. - Establishment of
Harbor View Phase II TIF District; 7:30 p.m. - Establishment of
Matterhorn Alps TIF District; 8:00 p.m. - DECC expansion.
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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
* 05-1128-01 James
and Gail A. Sundstrom submitting petition to construct 125 linear
feet of sanitary sewer within Central Avenue Alley beginning 60 feet
north of Albion Street and extending northerly. --
Assessor
* 05-1128-02 Bryan
Wutz, et al. (seven signatures), submitting petition to construct a
sanitary sewer in Maple Grove Road beginning at existing manhole 200
feet west of Robin Avenue and extending 1,000 feet westerly (1,000
lineal feet). -- Assessor
* 05-1128-03 Greater
Downtown Council submitting communication regarding a proposed
increase in the penalty for overtime parking (05-051-O). -- Received
(E-MAILED)
* 05-1128-04 Rick
Kollath submitting communication regarding a request for legislative
authority for city food and beverage tax of limited duration
(05-0807R). -- Received (E-MAILED)
* 05-1128-05 Mary
Ogren submitting communication regarding approval of a supplemental
agreement with the city of Duluth Supervisory Association regarding
active and retiree health insurance (05-0741R). --
Received
* 05-1128-06 Shelton
Properties, LLC, acceptance of terms, conditions and provisions of
concurrent use permit granted by Ordinance 9751 on October 11, 2005.
-- Received
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REPORTS OF
OFFICERS
* 05-1128-07 Assessor
submitting:
(a) For
confirmation the assessment roll levied to defray the assessable
portion of construction of a bituminous street at 14th Street from
Central Entrance to 400 feet easterly (Contract
No. 5421 - assessable amount -
$52,464.93);
(b) Letters
of sufficiency of petitions to construct watermains and sanitary
sewers in:
(1) Chester
Way from Missouri Avenue to approximately 405 feet west of center
line of Missouri Avenue;
(2) Commonwealth
Avenue from approximately 283 feet north of centerline of vacated
Lorain Avenue to approximately 333 feet south of centerline of
vacated Lorain Avenue. -- Received
* 05-1128-08 Clerk
submitting application to the Minnesota gambling control board for
exemption from lawful gambling from Greater Downtown Council on
January 18, 2006 (raffle). -- Received
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REPORTS OF
BOARDS AND COMMISSIONS
* 05-1128-09 Duluth
airport authority: (a) Balance sheet for September
30, 2005; (b) Minutes of October 18, 2005, meeting (E-MAILED).
-- Received
05-1128-10 Duluth/North
Shore Sanitary District minutes of October 12, 2005, meeting. --
Received (E-MAILED)
* 05-1128-11 Duluth
human rights commission minutes of October 12, 2005, meeting. --
Received (E-MAILED)
* 05-1128-12 Parking
commission minutes of October 11, 2005, meeting. -- Received
(E-MAILED)
* 05-1128-13 Planning
commission minutes of October 26, 2005, meeting. -- Received
E-MAILED)
* 05-1128-14 Spirit
Mountain recreation area authority minutes of: (a) September 15; (b)
October 20, 2005, meetings. -- Received (E-MAILED)
_________________________________________
* 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)
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- ISD 709 (7/10/2003)
- Retiree benefits
(4/12/2004)
- Air National Guard base
(7/21/2005)
- Kapsner issues
(8/22/2005)
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OPPORTUNITY
FOR CITIZENS TO BE HEARD
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RESOLUTIONS
TABLED
COMMITTEE
1
BY COUNCILOR
STAUBER (FINANCE)
05-0741R - RESOLUTION APPROVING A SUPPLEMENTAL
AGREEMENT WITH THE CITY OF DULUTH SUPERVISORY ASSOCIATION REGARDING
ACTIVE AND RETIREE HEALTH INSURANCE. (TABLED
11/14)
COMMITTEE
2
BY COUNCILOR
GILBERT (PLANNING
& ECONOMIC DEVELOPMENT)
05-0699R - RESOLUTION AFFIRMING THE DECISION OF
THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM
CORNER SIDE YARD SETBACK REQUIREMENT FROM 20 FEET TO TEN FEET FOR
THE CONSTRUCTION OF A 904 SQUARE FOOT ADDITION TO AN EXISTING 576
SQUARE FOOT DETACHED GARAGE ON PROPERTY LOCATED AT 322 NORTH 80TH
AVENUE WEST (DAVID MARK RIDGEWELL). (TABLED
10/24)
COMMITTEE
2
BY COUNCILOR
GILBERT (PLANNING
& ECONOMIC DEVELOPMENT)
05-0700R - RESOLUTION REVERSING THE DECISION OF
THE BOARD OF ZONING APPEALS TO DENY A VARIANCE TO REDUCE THE MINIMUM
CORNER SIDE YARD SETBACK REQUIREMENT FROM 20 FEET TO TEN FEET FOR
THE CONSTRUCTION OF A 904 SQUARE FOOT ADDITION TO AN EXISTING 576
SQUARE FOOT DETACHED GARAGE ON PROPERTY LOCATED AT 322 NORTH 80TH
AVENUE WEST (DAVID MARK RIDGEWELL). (TABLED 10/24)
05-0761R - RESOLUTION TERMINATING A
CONCURRENT USE PERMIT TO THE DULUTH TRANSIT AUTHORITY FOR A BUS
SHELTER ON SECOND AVENUE EAST ABOVE SUPERIOR STREET (NORSHOR
BUILDING). (TABLED 11/14)
COMMITTEE
3
BY COUNCILOR
REINERT (RECREATION,
LIBRARIES & AUTHORITIES)
05-0756R - RESOLUTION AUTHORIZING AN AGREEMENT
WITH THE OVER THE HILL NIGHT RIDERS SNOWMOBILE CLUB FOR GROOMING THE
CROSS COUNTRY SNOWMOBILE TRAIL-WEST FOR AN AMOUNT NOT TO EXCEED
$15,000. (TABLED 11/14)
05-0757R - RESOLUTION AUTHORIZING AN AGREEMENT
WITH THE DRIFT TOPPERS SNOWMOBILE CLUB FOR GROOMING THE CROSS
COUNTRY SNOWMOBILE TRAIL-EAST FOR AN AMOUNT NOT TO EXCEED $5,000.
(TABLED 11/14)
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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)
05-0784R - RESOLUTION CONFIRMING ASSESSMENT ROLL
LEVIED TO DEFRAY THE ASSESSABLE PORTION OF BITUMINOUS STREET AT 14TH
STREET FROM CENTRAL ENTRANCE TO 400 FEET EAST.
05-0789R - RESOLUTION AMENDING RESOLUTION 04-0682
ADOPTING LICENSE, PERMIT AND FEE CHARGES FOR 2005; SETTING THE FEE
FOR ONE DAY DANCING LICENSE.
05-0804R - RESOLUTION ADOPTING LICENSE, PERMIT AND
FEE CHARGES FOR 2006.
BY COUNCILOR
STEWART (PURCHASING
& LICENSING)
05-0787R - RESOLUTION AWARDING CONTRACT TO RTW,
INC., FOR PROFESSIONAL SERVICES FOR THIRD PARTY ADMINISTRATION OF
WORKERS’ COMPENSATION INSURANCE IN THE AMOUNT OF
$95,000.
05-0801R - RESOLUTION ISSUING A TEMPORARY ON SALE
3.2 PERCENT MALT LIQUOR LICENSE TO THE COLLEGE OF ST. SCHOLASTICA,
1200 KENWOOD AVENUE.
COMMITTEE
2
BY COUNCILOR
GILBERT (PLANNING
& ECONOMIC DEVELOPMENT)
05-0785R - RESOLUTION VACATING FOURTH STREET
BETWEEN BIRCH STREET AND LYNN STREET ON RICES POINT (SEAWAY PORT
AUTHORITY OF DULUTH).
05-0808R - RESOLUTION APPROVING A TAX INCREMENT
FINANCING PLAN FOR THE MATTERHORN APARTMENTS TAX INCREMENT FINANCING
DISTRICT AS PROPOSED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF
DULUTH, MINNESOTA.
05-0809R - RESOLUTION APPROVING A TAX INCREMENT
FINANCING PLAN FOR THE HARBOR VIEW PHASE II TAX INCREMENT FINANCING
DISTRICT AS PROPOSED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF
DULUTH, MINNESOTA.
05-0813R - RESOLUTION OBJECTING TO PROPOSED
RECLASSIFICATION TO NON-CONSERVATION AND SALE OF CERTAIN TAX
FORFEITED PARCELS BY THE BOARD OF COUNTY COMMISSIONERS OF SAINT
LOUIS COUNTY (OCTOBER 19, 2005, RECLASSIFICATION LETTER).
05-0814R - RESOLUTION AMENDING THE MOUNT ROYAL C-3
SHOPPING CENTER DISTRICT TO ALLOW EXPANSION OF THE MOUNT ROYAL FINE
FOODS STORE (HRTV LLC).
BY COUNCILOR
ATKINS (INTERGOVERNMENTAL
RELATIONS)
05-0792R - RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT WITH SUPERIORUSA BENEFITS CORPORATION TO PROVIDE
ADMINISTRATIVE SERVICES FOR A FLEXIBLE BENEFITS PLAN FOR THE CITY
FOR YEAR 2006 AT AN ESTIMATED COST OF $11,250.
05-0818R - RESOLUTION AWARDING CONTRACT TO ST. LOUIS
COUNTY SOCIAL SERVICES FOR APPROXIMATELY 49,000 HOT MEALS, IN THE
APPROXIMATE TOTAL COST OF $165,967.92
BY PRESIDENT
NESS (COMMITTEE
OF THE WHOLE)
05-0807R - RESOLUTION REQUESTING LEGISLATIVE
AUTHORITY FOR CITY FOOD AND BEVERAGE TAX OF LIMITED
DURATION.
COMMITTEE
3
BY COUNCILOR
STOVER (PUBLIC
WORKS & UTILITIES)
05-0765R - RESOLUTION AMENDING RESOLUTION 05-0212
FOR A CONTRACT TO UTILITY SYSTEMS OF AMERICA FOR MORGAN PARK PHASE
II TO INCREASE THE AMOUNT BY $325,750.95.
05-0788R - RESOLUTION AUTHORIZING APPLICATION FOR
AND ACCEPTANCE OF A $32,700 GRANT FROM MNDNR FOR SURFACE WATER
QUALITY AWARENESS OUTREACH PROGRAM.
05-0790R - RESOLUTION OF INTENT TO CONSTRUCT A
RESIDENTIAL STREET, SANITARY SEWER, WATER AND GAS IN SPEAR AVENUE
FROM SILCOX AVENUE TO LIVINGSTON AVENUE.
05-0791R - RESOLUTION OF INTENT TO CONSTRUCT A
PERMANENT ALLEY IN FIRST ALLEY FROM 377 FEET TO 470 FEET EASTERLY OF
TENTH AVENUE EAST.
05-0796R - RESOLUTION AUTHORIZING AMENDMENT NO. 1
TO GRANT NO. A67967 WITH THE MINNESOTA DEPARTMENT OF NATURAL
RESOURCES, RELATED TO THE DULUTHSTREAMS.ORG WEBSITE, EXTENDING THE
TERM THEREOF.
05-0806R - RESOLUTION AMENDING THE STREETS AND
HIGHWAY DESIGNATION AS TRUCK ROUTES PURSUANT TO SECTION 33-49 OF THE
DULUTH CITY CODE, 1959, AS AMENDED.
05-0810R - RESOLUTION REQUESTING A VARIANCE FROM
THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND INDEMNIFYING THE
STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF A MINNESOTA
STATE AID VARIANCE IN THE CONSTRUCTION OF BRIDGE NO. 69671 ON SEVEN
BRIDGES ROAD OVER AMITY CREEK.
05-0811R - RESOLUTION REQUESTING A VARIANCE FROM THE
MINNESOTA DEPARTMENT OF TRANSPORTATION AND INDEMNIFYING THE STATE OF
MINNESOTA IN CONNECTION WITH THE GRANTING OF A MINNESOTA STATE AID
VARIANCE IN THE CONSTRUCTION OF BRIDGE NO. 69672 ON SKYLINE PARKWAY
OVER AMITY CREEK.
05-0817R - RESOLUTION AWARDING CONTRACT TO APEX
MECHANICAL FOR CONSTRUCTION SERVICES TO REPAIR THE STEAM VAULT, IN
THE AMOUNT OF $34,957.
05-0819R - RESOLUTION AWARDING CONTRACT TO
NORD-SEN METAL INDUSTRIES, INC. FOR A COAL ELEVATOR IN THE AMOUNT OF
$28,822.50.
05-0820R - RESOLUTION OF INTENT TO CONSTRUCT A
WATERMAIN AND SANITARY SEWER IN CHESTER WAY FROM MISSOURI AVENUE TO
APPROXIMATELY 405 FEET WEST OF THE CENTERLINE OF MISSOURI AVENUE
(CITY JOB NO. 0542WA).
05-0821R - RESOLUTION OF INTENT TO CONSTRUCT A
WATERMAIN AND SANITARY SEWER IN COMMONWEALTH AVENUE FROM
APPROXIMATELY 283 FEET NORTH OF THE CENTERLINE OF VACATED LORAIN
AVENUE TO APPROXIMATELY 213 FEET SOUTH OF THE CENTERLINE OF VACATED
LORAIN AVENUE.
05-0822R - RESOLUTION AUTHORIZING AN AGREEMENT
WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR CROSSING THE
LESTER RIVER IN CONJUNCTION WITH EAST LEG GAS MAIN PHASE V IN EAST
SUPERIOR STREET FROM 60TH AVENUE EAST TO LAKEWOOD ROAD (CITY JOB NO.
0030GS).
05-0823R - RESOLUTION ESTABLISHING THE CUSTOMER
CHARGE AND USER CHARGES FOR THE CITY’S WASTEWATER FACILITIES
EFFECTIVE WITH METER READINGS AFTER JANUARY 1, 2006; RESCINDING
ALL PRIOR INCONSISTENT OR CONFLICTING RESOLUTIONS WITH RESPECT TO
SUCH RATES AND DESIGNATING THAT THE RATES.
COMMITTEE
3
BY COUNCILOR
LITTLE (PUBLIC
SAFETY)
05-0805R - RESOLUTION TO RESCIND THE DESIGNATION
AND ESTABLISHMENT AS A ONE WAY STREET THAT PART OF FIRST STREET
BETWEEN 19TH AVENUE WEST AND 30TH AVENUE WEST.
BY COUNCILOR
REINERT (RECREATION,
LIBRARIES & AUTHORITIES)
05-0783R - RESOLUTION ACCEPTING $25,000 FROM THE
NORTHLAND FOUNDATION FOR AFTER SCHOOL AND SUMMER PROGRAMMING FOR
YOUTH IN WESTERN DULUTH AND AUTHORIZING PROPER CITY OFFICIALS TO
EXECUTE GRANT AGREEMENT.
05-0795R - RESOLUTION ACCEPTING A BEQUEST FROM THE
ESTATE OF OSCAR JOHN SLOTNESS.
05-0812R - RESOLUTION AUTHORIZING CITY OFFICIALS
TO APPLY FOR AND ACCEPT A MINNESOTA LAKE SUPERIOR COASTAL PROGRAM
GRANT IN THE AMOUNT OF $14,250 FROM THE MINNESOTA DEPARTMENT OF
NATURAL RESOURCES AND TO PROVIDE IN KIND SERVICES IN THE AMOUNT OF
$4,750.
05-0815R - RESOLUTION AWARDING CONTRACT TO POLARIS
LIBRARY SYSTEMS FOR COMPUTER SERVERS IN THE AMOUNT OF
$19,416.
END OF
CONSENT AGENDA
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INTRODUCTION
AND CONSIDERATION OF ORDINANCES
The following
entitled ordinance is to be read for the first
time:
COMMITTEE
2
BY COUNCILOR
GILBERT (PLANNING
& ECONOMIC DEVELOPMENT)
05-052-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 S, SUBURBAN, TO R-1-B, SINGLE FAMILY
RESIDENTIAL, PROPERTY LOCATED SOUTH OF GLENWOOD STREET ALONG THE
NORTH SIDE OF NORTH RIDGE ROAD (CITY OF
DULUTH).
The following
entitled ordinances are to be read for the second
time:
COMMITTEE
2
BY COUNCILOR
GILBERT (PLANNING
& ECONOMIC DEVELOPMENT)
05-049-O - AN ORDINANCE PLACING CURRENT
NONCONFORMING LOTS IN COMPLIANCE WITH SECTION 50-25 OF THE
LEGISLATIVE CODE OF THE CITY OF DULUTH.
05-050-O - AN ORDINANCE GRANTING ST. MARY'S
DULUTH CLINIC MEDICAL CENTER A CONCURRENT USE PERMIT TO CONSTRUCT
AND MAINTAIN DECORATIVE STREET LIGHTING, DATA CONDUITS AND SNOW MELT
SYSTEM WITHIN THE RIGHT-OF-WAY OF EAST FIRST STREET BETWEEN FOURTH
AVENUE AND SIXTH AVENUE EAST.
COMMITTEE
3
BY COUNCILOR
STOVER (PUBLIC
WORKS & UTILITIES)
05-051-O - AN ORDINANCE AMENDING DULUTH CITY CODE
SECTION 33-46; INCREASING PENALTY FOR OVERTIME
PARKING.
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COUNCILOR
QUESTIONS AND COMMENTS
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