REPLACEMENT


AGENDA FOR THE DULUTH CITY COUNCIL MEETING

Monday, August 13, 2007, 7:00 p.m.


ROLL CALL

PLEDGE OF ALLEGIANCE

PUBLIC HEARINGS - 7:00 p.m. -  Charter amendment pertaining to selection and tenure of the chief administrative officer (07-049-O).

                                    7:00 p.m. -   Charter amendment pertaining to selection and tenure of the city attorney (07-050-O).


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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


*          07-0813-01     DTA, by ATE Management, Inc., concurrent use permit application for construction of new bus shelters on Superior Street. -- Planning commission


*          07-0813-02     Mark Mitchell, Mitch’s Bar and Grill, concurrent use permit to use portion of sidewalk at 2113 West Superior Street. -- Planning Commission


*          07-0813-03     Dan Murphy, et al. (seven signatures), petition for the the bituminous surfacing of the existing 16 foot gravel road, Plum Street from Eighth Avenue East to Skywood Lane.


*          07-0813-04     Minnesota state auditor submitting:

                       (a)       Comprehensive annual financial report for the year ended December 31, 2006, for Western Lake Superior Sanitary District;

                       (b)       Management and compliance report for the year ended December 31, 2006, for Western Lake Superior Sanitary District. -- Received


*          07-0813-05     Arrowhead Regional Development Commission proposed 2007 tax levy request and budget. -- Received


*          07-0813-06     Robert Eaton communication regarding contract for the construction to extend Lakewalk East from 26th to 36th avenues East (07-0502R). -- Received


*          07-0813-07     David Patrick, by Ryan Mears, agent, acceptance of terms, conditions and provisions of concurrent use permit granted by Ordinance No. 9844 granted on July 9, 2007. -- Received


*          07-0813-08     Sandy Robinson communication regarding amendment of SECTION 29A-32 of the Duluth City Code 1959, as amended, relating to rental licensing (07-051-O). -- Received


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REPORTS FROM THE ADMINISTRATION

 

          Retiree healthcare benefits


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REPORTS FROM OTHER OFFICERS


*          07-0813-09     Mayor Bergson veto of Ordinance 9847, amending Sections 24-6 and 24-37 of the Duluth City Code, 1959, as amended; regulating rubbish and tall grass. -- Received


*          07-0813-10     Assessor:

                       (a)       Affidavit of mailing of notice of the levying of an assessment or assessments against the property specially benefitted for unpaid delinquent stormwater utility bills;

                       (b)       Letter of sufficiency of petition to reclassify from S to R-1 a, property described as approximately 19 acres located in the S ½ of NW ¼ of Section 3, Township 50, Range 14. -- Received;


*          07-0813-11     Building official appeal of the board of zoning appeals decision to deny an apeal of the interpretation of the definition of “garage, public” under Section 50-1.32 and dispute the city’s determination that the proposed process is steel fabrication which is not allowed in the C-2 zoning district located at 2901 Morris Thomas Road (James Bechthold). -- Committee 2 (planning and economic development)


*          07-0813-12     Community development manager U.S. department of HUD 2006 consolidated plan end of year review. -- Received


*          07-0813-13     Parks and recreation interim director:

                       (a)       Lake Superior Zoological Society board minutes of May 23, 2007, meeting. -- Received

                       (b)       Rental agreement with Ashley Hron and Matt Smith for residential dwelling unit located at Enger Park Clubhouse at 1801 West Skyline Parkway, pursuant to Section 2-35, Duluth City Code. -- Mayor for execution


*          07-0813-14     Purchasing agent emergency order awarded to AMI Consultant to inspect the inside piping of the West End water reservoir and insert bladder plug in intake pipe. -- Received


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REPORTS OF BOARDS AND COMMISSIONS


*          07-0813-15     Commission on disabilities minutes of June 6, 2007, meeting. -- Received


*          07-0813-16     Duluth airport authority:

                       (a)       Balance sheet for May 31, 2007;

                       (b)       Minutes of June 19, 2007, meeting. -- Received


*          07-0813-17     Seaway Port authority board:

                       (a)       Minutes of:

                                   (1)       March 22;

                                   (2)       April 25;

                                   (3)       May 31;

                                   (4)       June, 27, 2007, meetings. -- Received

                       (b)       Budget format for 2008;


*          07-0813-18     Spirit Mountain recreation area authority minutes of:

                       (a)       June 21;

                       (b)       July 9, 2007, meetings. -- Received

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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

  Planned unit development

  Zoning Code changes

  Pet licensing and registration

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OPPORTUNITY FOR CITIZENS TO BE HEARD

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RESOLUTIONS TABLED


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


07-0503R - RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE- AND TWO-FAMILY RESIDENTIAL, TO C-1, COMMERCIAL, PROPERTY AT THE SOUTHWEST CORNER OF WOODLAND AVENUE AND NORTON STREET (CAROL ANDERSON).  (TABLED 7/23)


07-0507R - RESOLUTION DENYING A REZONING PETITION TO PROVIDE FOR THE RECLASSIFICATION FROM R-3, APARTMENT RESIDENTIAL, TO C-1, COMMERCIAL, A TRIANGLE-SHAPED BLOCK OF PROPERTY BOUNDED BY GRAND AVENUE, SOUTH 69TH AVENUE WEST AND SHERBURNE STREET (MICHAEL KOSKI, WKK, INC.).  (TABLED 7/23)


COMMITTEE 3


BY COUNCILOR JOHNSON               (PUBLIC WORKS & UTILITIES)


07-0502R - RESOLUTION AWARDING A CONTRACT TO STOUT MECHANICAL, INC., FOR CONSTRUCTION OF LAKEWALK EAST EXTENSION FROM 26TH AVENUE EAST TO 36TH AVENUE EAST IN THE AMOUNT OF $821,471.  (TABLED 7/23)


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MOTIONS AND RESOLUTIONS


The following entitled resolution is to be read for the second time:


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


07-0514R - RESOLUTION ACCEPTING THE BUSINESS SUBSIDY REPORT AND APPROVING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND DULUTH TECHNOLOGY PARK I, LLC.


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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 KRAUSE                   (PURCHASING & LICENSING)


07-0517R - RESOLUTION ISSUING A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO WALTMAN-TESSIER MEMORIAL SOFTBALL TOURNAMENT.


07-0518R - RESOLUTION APPROVING THE 2:00 A.M. BEVERAGE LICENSE FOR PLAYER’S GRANDSTAND, INC. (PLAYER’S SPORTS BAR), 4024 GRAND AVENUE, AND DULUTH ENTERTAINMENT CONVENTION CENTER, 350 HARBOR DRIVE.


07-0519R - RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE LICENSED PREMISES OF THE ON SALE INTOXICATING LIQUOR LICENSE OF D&D ENTERPRISES OF CLOQUET (MR D’S BAR & GRILL), 5622 GRAND AVENUE.


07-0520R - RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH-SUPERIOR GLBT PRIDE, INC. (DULUTH-SUPERIOR GLBT PRIDE FESTIVAL), BAYFRONT PARK.


07-0521R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM ANDERSON GOLF, INC. (ENGER PARK GOLF COURSE), 1801 WEST SKYLINE PARKWAY, TO PROFESSIONAL GOLF MANAGEMENT, INC. (ENGER PARK GOLF COURSE), SAME ADDRESS.


07-0522R - RESOLUTION APPROVING THE TRANSFER OF THE ON SALE 3.2 PERCENT MALT LIQUOR LICENSE FROM PAUL SCHINTZ, INC. (LESTER PARK GOLF COURSE), 1860 LESTER RIVER ROAD, TO PROFESSIONAL GOLF MANAGEMENT, INC. (LESTER PARK GOLF COURSE), SAME ADDRESS.


07-0528R - RESOLUTION APPROVING THE ISSUANCE OF LAWFUL GAMBLING PREMISE PERMITS TO IRVING COMMUNITY ASSOCIATION.


07-0529R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR ARROWHEAD BOWHUNTERS ALLIANCE.


07-0530R - RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE ON SALE INTOXICATING LIQUOR LICENSE OF J&J MILLER, INC. (COPASETIC LOUNGE), 322 EAST CENTRAL ENTRANCE.


07-0538R - RESOLUTION IN THE MATTER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF JNC LIQUORS, INC. (WILD WEST LIQUOR), 318 NORTH CENTRAL AVENUE.


07-0539R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF J&J MILLER, INC. (COPASETIC LOUNGE), 322 EAST CENTRAL ENTRANCE.


07-0540R - RESOLUTION IN THE MATTER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF BUNSIE, INC. (SPIRIT BOTTLE SHOPPE), 5801 GRAND AVENUE.


07-0541R - RESOLUTION IN THE MATTER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF CITY WINE & LIQUOR STORE, INC. (WAREHOUSE LIQUOR STORE), 104 WEST CENTRAL ENTRANCE.


BY COUNCILOR GILBERT                               (PERSONNEL)


07-0533R - RESOLUTION CONFIRMING THE APPOINTMENT OF JAMES A. LAUMEYER TO THE ENTERTAINMENT AND CONVENTION CENTER AUTHORITY, REPLACING JOHN BRAY.


COMMITTEE 2


BY COUNCILOR STAUBER    (PLANNING & ECONOMIC DEVELOPMENT)


07-0513R - RESOLUTION ACCEPTING $4,933.94 IN SETTLEMENT OF THE DEBT OWED BY JOSHUA THOMAS VOLDEN, DOING BUSINESS AS BROTHER EARTH, TO THE REVOLVING LOAN FUND FORMERLY OPERATED BY NORTH STAR COMMUNITY DEVELOPMENT CORPORATION (NSCDC) AND AUTHORIZING EXECUTION OF A RELEASE.


07-0516R - RESOLUTION REQUESTING THE FREE CONVEYANCE OF 466.6 ACRES OF TAX FORFEITED LAND FOR PUBLIC RECREATION AND TRAIL PURPOSES AND FREE CONVEYANCE OF 4.13 ACRES OF TAX FORFEITED LAND FOR PUBLIC ROADWAY AND UTILITY PURPOSES, LOCATED IN THE AMITY CREEK-LESTER RIVER WATERSHED AREA, NORTH OF SUPERIOR STREET TO THE NORTHERN CITY LIMITS.


07-0537R - RESOLUTION AUTHORIZING DULUTH AIRPORT NORTH BUSINESS DEVELOPMENT AREA REDEVELOPMENT GRANT APPLICATION.


07-0545R - RESOLUTION AUTHORIZING CONTRACT WITH SPIRIT VALLEY CITIZENS NEIGHBORHOOD DEVELOPMENT ASSOCIATION (SVCNDA) FOR NEIGHBORHOOD REVITALIZATION PLANNING FOR WEST DULUTH AND MORGAN PARK IN THE AMOUNT OF $15,000.


BY COUNCILOR NESS                 (INTERGOVERNMENTAL RELATIONS)


07-0489R - RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF ADMINISTRATION, SUBLEASING OFFICE SPACE IN THE MINNESOTA WORKFORCE CENTER - DULUTH FOR COSTS NOT TO EXCEED $65,000 FOR THE PERIOD 08/01/2007 THROUGH 07/31/2010.


BY PRESIDENT STOVER                   (COMMITTEE OF THE WHOLE)


07-0543R - RESOLUTION DESIGNATING POLLING PLACES FOR THE SEPTEMBER 11, 2007, MUNICIPAL PRIMARY ELECTION AND THE NOVEMBER 6, 2007, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION.


07-0544R - RESOLUTION APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 11, 2007, MUNICIPAL PRIMARY ELECTION AND THE NOVEMBER 6, 2007, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION.


07-0549R - RESOLUTION APPROVING APP0INTMENT OF KATHLEEN BERGEN TO POSITION OF DIRECTOR OF PARKS AND RECREATION ON INTERIM BASIS.


COMMITTEE 3


BY COUNCILOR JOHNSON               (PUBLIC WORKS & UTILITIES)


07-0532R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH DULUTH SUPERIOR ERECTION, INC., FOR THE REPLACEMENT AND REPAIR OF TWO STEAM VAULTS - ROOF AND WALLS - ON THIRD AVENUE EAST AND SUPERIOR STREET AND THIRD AVENUE EAST AND FIRST STREET ALLEY FOR A TOTAL ESTIMATED AMOUNT OF $55,550.


07-0542R - RESOLUTION APPROVING SETTLEMENT OF CLAIM OF KATHRYN J. MAKOUTZ IN THE AMOUNT OF $19,192.06.


07-0546R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AYRES ASSOCIATES FOR ENGINEERING SERVICES FOR YEAR 2008 STREET IMPROVEMENT PROGRAM FOR MORLEY HEIGHTS IN AN ESTIMATED AMOUNT OF $134,932.


07-0547R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH KRECH OJARD & ASSOCIATES FOR ENGINEERING SERVICES FOR YEAR 2008 STREET IMPROVEMENT PROGRAM FOR LAKESIDE-ROCKVIEW IN AN ESTIMATED AMOUNT OF $144,222.


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


07-0531R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH E&W PROPERTIES LLC FOR PROFESSIONAL SERVICES IN THE MANAGEMENT OF MINNESOTA TENANT REMEDIES ACT (TRA) PROPERTIES AS CONTROLLED BY THE CITY UNTIL SUCH TIME AS PROPERTIES ARE RETURNED TO SAID PROPERTY OWNERS.


07-0536R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $66,561 AND TO AUTHORIZE THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH ST. LOUIS COUNTY.


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


07-0410R - RESOLUTION AUTHORIZING THE CITY TO BE A SPONSOR OF THE 2007 NORTHSHORE INLINE MARATHON AT A COST TO THE CITY OF $15,000.


07-0515R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA IN THE AMOUNT OF $270,000 AND TO EXECUTE THE GRANT AGREEMENT (LAKE SUPERIOR ZOO).


07-0535R - RESOLUTION ACCEPTING UNCONDITIONAL GIFTS FROM THE FRIENDS OF THE DULUTH PUBLIC LIBRARY FOR THE BENEFIT OF THE LIBRARY.


END OF CONSENT AGENDA


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


COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)

 

07-0552R - RESOLUTION ADOPTING FORM OF PROJECT LABOR AGREEMENT AS SET OUT IN SECTION 2-29 OF THE DULUTH CITY CODE, 1959, AS AMENDED.


COMMITTEE 2


BY PRESIDENT STOVER                   (COMMITTEE OF THE WHOLE)


07-0548R - RESOLUTION AUTHORIZING AN APPLICATION FOR TEMPORARY PRIVATE USE OF GARFIELD AVENUE.


COMMITTEE 3


BY COUNCILOR LITTLE                                (PUBLIC SAFETY)


07-0534R - RESOLUTION ACCEPTING A GIFT IN THE AMOUNT OF $6,000 FROM ALLEN AND JANICE WILLMAN TO BE USED FOR THE PURCHASE AND CARE OF A POLICE CANINE AND THE TRAINING OF THE CANINE AND ITS POLICE HANDLER.


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


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


COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


07-054-O - AN ORDINANCE CREATING A NEW SECTION 2-29 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REQUIRING PROJECT LABOR AGREEMENT FOR CITY PROJECTS.


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


07-053-O - AN ORDINANCE AMENDING SECTIONS 50-35 AND 50-56 OF THE DULUTH CITY CODE, 1959, AS AMENDED; REGULATING THE LOCATION OF RESIDENTIAL CARE FACILITIES AND ELDERLY CONGREGATE HOUSING AND REQUIRING THAT ALL SUCH HOUSING TYPES BE AUTHORIZED BY SPECIAL USE PERMIT.


COMMITTEE 3


BY COUNCILOR JOHNSON               (PUBLIC WORKS & UTILITIES)


07-052-O - AN ORDINANCE AUTHORIZING RECONVEYANCE OF PROPERTY IN THE RIVERSIDE AREA KNOWN AS TALLUS ISLAND TO THE STATE OF MINNESOTA.


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


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


07-045-O - A SECOND ORDINANCE AMENDING ORDINANCE 9828 ADDING A PLAT NAME TO THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY.


07-046-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NO. 38, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1-B, ONE- AND TWO-FAMILY RESIDENTIAL TO C-1, COMMERCIAL, PROPERTY AT THE SOUTHWEST CORNER OF WOODLAND AVENUE AND NORTON STREET (CAROL ANDERSON).


07-048-O - AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE 1959, AS AMENDED, ZONING DISTRICT MAP NOS. 12 AND 14, AS CONTAINED IN THE APPENDIX TO CHAPTER 50, TO PROVIDE FOR THE RECLASSIFICATION FROM R-3, APARTMENT RESIDENTIAL, TO C-1, COMMERCIAL, A TRIANGLE-SHAPED BLOCK OF PROPERTY BOUNDED BY GRAND AVENUE, SOUTH 69TH AVENUE WEST AND SHERBURNE STREET (MICHAEL KOSKI, WKK, INC.).


07-051-O - AN ORDINANCE AMENDING SECTION 29A-32 OF THE DULUTH CITY CODE 1959, AS AMENDED, RELATING TO RENTAL LICENSING.


BY PRESIDENT STOVER                   (COMMITTEE OF THE WHOLE)


07-049-O - AN ORDINANCE AMENDING SECTION 19 OF THE CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CHIEF ADMINISTRATIVE OFFICER.


07-050-O - AN ORDINANCE AMENDING SECTION 26 OF THE CITY CHARTER PERTAINING TO SELECTION AND TENURE OF THE CITY ATTORNEY.


COMMITTEE 3


BY COUNCILOR REINERT     (RECREATION, LIBRARIES & AUTHORITIES)


07-044-O - AN ORDINANCE GOVERNING PARKING ON NON-SNOW EMERGENCY ROUTES DURING SNOW EMERGENCIES, AMENDING SECTIONS 33-97.1, 33-97.3, 33-97.4 AND 33-97.8 OF THE DULUTH CITY CODE, 1959, AS AMENDED.


07-047-O - AN ORDINANCE REPEALING ARTICLE XX OF CHAPTER 2 OF THE CITY CODE RELATING TO THE SISTER CITY COMMISSION.


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COUNCILOR QUESTIONS AND COMMENTS

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