AGENDA FOR THE DULUTH CITY COUNCIL MEETING REPLACEMENT


Monday, August 10, 2009, 7:00 p.m.


ROLL CALL

PLEDGE OF ALLEGIANCE


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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


*  09-0810-01             Richard Hoag, by Cheryl Fosdick, further petition (one signature) to vacate Wyoming Street between 60th Avenue East and Occidental Boulevard (Lot 3, Block 36, Lester Park Third Division). -- Assessor


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REPORTS FROM OTHER OFFICERS


*  09-0810-02             Assessor affidavit of mailing of notice of the levying of assessments against the property specially benefitted for unpaid delinquent stormwater utility bills. -- Received


*  09-0810-03             Clerk applications to the Minnesota gambling control board for exemption from lawful gambling license from: (a) Animal Allies Humane Society on October 16, 2009 (raffle); (b) March of Dimes Foundation on October 22, 2009 (raffle); (c) St. Michael’s Church on October 25, 2009 ((bingo and raffle). --Received


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REPORTS OF BOARDS AND COMMISSIONS


*  09-0810-04             Building appeal board minutes of June 10, 2009, meeting. -- Received


*  09-0810-05             Civil service board minutes of:  (a)  June 2; (b) June 23, 2009, meetings. -- Received


*  09-0810-06             Charter commission minutes of April 8, 2009, meeting. -- Received


*  09-0810-07             Duluth airport authority minutes of July 1, 2009, meeting. -- Received


*  09-0810-08             Entertainment and convention center authority minutes of July 29, 2009, meeting. -- Received


*  09-0810-09             Parks and recreation commission minutes from July 8, 2009, meeting. -- Received


*  09-0810-10             Spirit Mountain recreation area authority minutes of June 18, 2009, meeting. -- Received


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* Listed only, not copied.


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REPORTS OF COUNCIL COMMITTEES

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OPPORTUNITY FOR CITIZENS TO BE HEARD

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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 KRAUSE                   (PURCHASING & LICENSING)


09-0488R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH ENVENTIS TELECOM, INC., FOR THE PURCHASE, DELIVERY AND INSTALLATION OF HARDWARE TO UPGRADE THE UNIFIED COMMUNICATION INFRASTRUCTURE, IN THE AMOUNT OF $76,798.16.


09-0498R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A CONTRACT WITH JOHNSON-WILSON CONSTRUCTORS FOR MODIFICATIONS TO EXISTING POOL CIRCULATION SYSTEMS FOR THE POLAR SHORES EXHIBIT AT THE LAKE SUPERIOR ZOO IN THE AMOUNT OF $394,300.


09-0499R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH NEW WORLD SYSTEMS CORPORATION FOR THE PURCHASE OF SOFTWARE LICENSES FOR BUSINESS ANALYTICS MODULES IN THE AMOUNT OF $46,170.


09-0503R - RESOLUTION ISSUING TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSES TO DULUTH SOFTBALL PLAYERS ASSOCIATION AND LAKESIDE/LESTER PARK BUSINESS ASSOCIATION.


09-0504R - RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH-SUPERIOR GLBT PRIDE, INC. AND NORTHLAND COUNTRY CLUB.

 

09-0505R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF HOSPITALITY OF DULUTH, LLC, (ACES ON FIRST) AND ROSE GARDEN ENTERPRISES, LLC, (VALENTINI’S VICINO LAGO).                                                             (REPLACEMENT)


09-0506R - RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR KIDS VOTING MINNESOTA.


09-0509R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO CONTRACT WITH NEW WORLD SYSTEMS CORPORATION FOR THE PURCHASE OF WORK ORDER SOFTWARE AND IMPLEMENTATION COSTS IN THE AMOUNT OF $40,398.75.


BY COUNCILOR GARDNER                             (PERSONNEL)


09-0490R - RESOLUTION CONFIRMING THE APPOINTMENT OF LESLIE EVANS (SUPERIOR, WISCONSIN, REPRESENTATIVE) TO THE DULUTH TRANSIT AUTHORITY, REPLACING LEWIS MARTIN.


09-0493R - RESOLUTION DESIGNATING THE RESPONSIBLE AUTHORITY FOR DATA PRACTICES UNDER MINNESOTA STATUTES.


09-0510R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF PERSONNEL ANALYST, INCLUDING A TITLE CHANGE TO HUMAN RESOURCES GENERALIST.


COMMITTEE 2


BY PRESIDENT GILBERT                  (COMMITTEE OF THE WHOLE)


NEW 09-0512R - RESOLUTION APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 15, 2009, MUNICIPAL AND SCHOOL BOARD PRIMARY ELECTION AND THE NOVEMBER 3, 2009, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION.


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


09-0497R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH MONARCH PAVING COMPANY, DIVISION OF MATHY CONSTRUCTION COMPANY, FOR THE PURCHASE OF FINE COLD MIX ASPHALT, FOR THE CONTRACT PERIOD JUNE 1, 2009, THROUGH MAY 31, 2010, FOR A TOTAL OF $100,462.50.


09-0501R - RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC FOR THE 2009 STREET PRESERVATION PROJECT: MILL AND OVERLAY PORTIONS OF SUPERIOR STREET, JENSWOLD STREET, MICHIGAN STREET, KENWOOD AVENUE AND CODY STREET, IN THE AMOUNT OF $1,719,915.15.


09-0502R - RESOLUTION AUTHORIZING AN AGREEMENT WITH SEH, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PERFORM PRELIMINARY ENGINEERING AND ENVIRONMENTAL DOCUMENTATION FOR THE MUNGER TRAIL EXTENSION IN THE AMOUNT OF $493,000.


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


09-0494R - RESOLUTION AUTHORIZING CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH THE ANIMAL ALLIES HUMANE SOCIETY FOR THE OPERATION OF AN ADOPTION PROGRAM WITHIN THE CITY OF DULUTH.


09-0500R - RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF JUSTICE PROGRAMS, CRIME VICTIM SERVICES, RELATING TO AN EMERGENCY FUND FOR CRIME VICTIMS IN AN AMOUNT OF $1,600.


BY COUNCILOR ANDERSON     (RECREATION, LIBRARIES & AUTHORITIES)


09-0495R - RESOLUTION AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA IN THE AMOUNT OF $320,000 AND TO EXECUTE THE GRANT AGREEMENT (LAKE SUPERIOR ZOO).


09-0496R - RESOLUTION AMENDING RESOLUTION 09-0208R AND ACCEPTING OPPORTUNITY ONLINE HARDWARE GRANT IN A NEW TOTAL AMOUNT OF $81,250 FOR THE PURCHASE AND INSTALLATION OF 50 PUBLIC COMPUTERS AT THREE LIBRARY LOCATIONS AND COMMITTING LOCAL MATCH.


NEW 09-0516R - RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH FUN TIME, LLC, FOR THE LEASE OF THE PILOT HOUSE IN CANAL PARK.


END OF CONSENT AGENDA

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


COMMITTEE 1


BY COUNCILOR GARDNER                             (PERSONNEL)


09-0511R - RESOLUTION REQUESTING THE ADMINISTRATION ALLOW FIRE FIGHTERS EMPLOYED BY THE CITY OF DULUTH TO PARTICIPATE IN THE PARTNERSHIP BETWEEN THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AND THE MUSCULAR DYSTROPHY ASSOCIATION, BY SOLICITING FOR DONATIONS DURING THE ANNUAL “FILL THE BOOT” CAMPAIGN.


COMMITTEE 2


BY PRESIDENT GILBERT                  (COMMITTEE OF THE WHOLE)


NEW 09-0513R - RESOLUTION ESTABLISHING A PROCEDURE TO CORRECT ERRORS RELATED TO ELIGIBLE SALARY REPORTING TO THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA).

AMENDMENTS


NEW 09-0514R - RESOLUTION OF SUPPORT FOR THE CONSTRUCTION OF A NEW PUBLIC SAFETY FACILITY AND FUNDING FOR THE PROJECT.


COMMITTEE 3


BY COUNCILOR FOSLE                     (PUBLIC WORKS & UTILITIES)


09-0507R - RESOLUTION AMENDING GUIDELINES FOR THE PRIVATE SEWER SERVICE GRANT PROGRAM.


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCE TABLED


COMMITTEE 3


BY COUNCILOR CUNEO                               (PUBLIC SAFETY)


09-039-O - AN ORDINANCE DECLARING STATUTORY AND CODE VIOLATIONS AS CIVIL OFFENSES, AUTHORIZING CIVIL PENALTIES THEREFORE, AUTHORIZING CORRECTIVE ORDERS AND ESTABLISHING HEARING AND ENFORCEMENT PROCEDURES WITH REGARD THERETO, ADDING A NEW CHAPTER 12 TO THE CODE AND REPEALING SECTIONS 2-7 AND 2-7.1 THEREOF.                                   (TABLED 7/27)


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


COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


09-040-O - AN ORDINANCE AMENDING SECTION 8 OF THE CITY CHARTER ELIMINATING A STATED DOLLAR AMOUNT FOR CERTAIN CONTRACTS.

COMMITTEE 1


BY COUNCILOR KRAUSE                   (PURCHASING & LICENSING)


NEW 09-043-O - ORDINANCE AMENDING CHAPTER 41 PURCHASING PROVISIONS, AMENDING SECTION 41-32 OF THE DULUTH CITY CODE, 1959, AS AMENDED.


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


 09-041-O - AN ORDINANCE AMENDING PLATE NO. 41 OF THE OFFICIAL FLOODPLAIN AND SHORELAND MAP AS IDENTIFIED IN SECTION 51-5 OF THE DULUTH CITY CODE DEFINING THE FLOOD FRINGE AND FLOODWAY FOR THE 40TH AVENUE EAST CREEK WITHIN THE LIMITS OF THE DULUTH PUBLIC SCHOOLS SITE AT 301 NORTH 40TH AVENUE EAST.


09-042-O - AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO A & L PROPERTIES TO CONSTRUCT A SKYWALK OVER EAST SUPERIOR STREET BETWEEN THE DULUTH TECHNOLOGY VILLAGE BUILDING AND THE WIELAND BLOCK BUILDING.


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COUNCILOR QUESTIONS AND COMMENTS

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