AGENDA FOR THE DULUTH CITY COUNCIL MEETING   REPLACEMENT


Monday, November 28, 2011, 7:00 p.m.


ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES - .

PUBLIC HEARING - .7:00 PM - East High School Residential Parking Permit Zone.

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MISSION STATEMENT: The mission of the Duluth City Council is to develop effective public policy rooted in citizen involvement that results in excellent municipal services and creates a thriving community prepared for the challenges of the future.

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TOOLS OF CIVILITY: 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


*  11-1128-01             Steve Stulz submitting communication regarding the proposed AT&T cell tower on 2120 Jean Duluth Road (11-0530R and 11-0531R) -- Received


*  11-1128-02             The following communications regarding the proposed new East High School resident permit parking zone (11-0624R): (a) Natalie Hanson; (b) Steve and Gail Marshik; (c) Matt Maurer. --. Received


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REPORTS FROM OTHER OFFICERS


*  11-1128-03             Assessor submitting reassessment of canceled assessment for delinquent garbage (Contract Nos. 2011020 and 2011420; reassessment amount $264,638.87). -- Received


*  11/1128-04             Engineer acceptance of construction of street, water, natural gas, sanitary sewer and storm sewer system improvements, pursuant to Section 45-89 of the Duluth City Code in:

                                   (a)       Technology Drive (City Project No. 0693)

                                   (b)       45th Avenue West (City Project No. 0951)

                                   (c)       DECC Amsoil Arena Sanitary Sewer (City Project No. 0776SN)

                                   (d)       Oneota Business Park (City Project No. 0963SN)

                                   (e)       Summit Ridge Development (City Project No. 0213SN). - Received

 

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REPORTS OF BOARDS AND COMMISSIONS


*  11-1128-05             Duluth economic development authority minutes of October 26, 2011, meeting. -- 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

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OPPORTUNITY FOR CITIZENS TO BE HEARD

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RESOLUTIONS TABLED

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


11-0530R - RESOLUTION AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO GRANT THE APPLICATION FOR A SPECIAL USE PERMIT BY AT&T/NEW CINGULAR WIRELESS FOR A WIRELESS TELECOMMUNICATIONS FACILITY.                                                                                          (TABLED 10/10)


11-0531R - RESOLUTION REVERSING THE DECISION OF THE PLANNING COMMISSION TO GRANT THE APPLICATION FOR A SPECIAL USE PERMIT BY AT&T/NEW CINGULAR WIRELESS FOR A WIRELESS TELECOMMUNICATIONS FACILITY.                                                                                          (TABLED 10/10)


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MOTIONS AND RESOLUTIONS

 

(COMMITTEE OF THE WHOLE)

BY PRESIDENT GARDNER, COUNCILORS HALBERG AND HARTMAN

NEW 11-0649R -RESOLUTION AMENDING THE STANDING RULES ADDING A NEW RULE 18 - USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.


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 CUNEO                     (PURCHASING & LICENSING)


11-0612R - RESOLUTION IN THE MATTER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF SUPER ONE LIQUOR, LLC (SUPER ONE LIQUOR), 210 NORTH CENTRAL AVENUE.


11-0613R - RESOLUTION AUTHORIZING AN AMENDED AND RESTATED AGREEMENT WITH THE STATE SERVICES FOR THE BLIND, BUSINESS ENTERPRISES PROGRAM FOR VENDING OPERATIONS IN CITY HALL.


11-0619R - RESOLUTION AUTHORIZING AN INCREASE TO THE ORIGINAL PURCHASE ORDER TO MACQUEEN EQUIPMENT, INC., FOR OEM REPLACEMENT PARTS FOR ELGIN AND VACTOR EQUIPMENT, BY $16,000, FOR A NEW TOTAL CONTRACT AMOUNT OF $64,000.


11-0620R - RESOLUTION AUTHORIZING AN INCREASE IN CONTRACT 20352 WITH INTER-CITY OIL COMPANY, INC., FOR BOTH BULK AND SERVICE STATION FUELS WITH DELIVERY SERVICE AS NEEDED IN 2011, BY AN AMOUNT OF $340,000, FOR A NEW CONTRACT TOTAL OF $1,420,000.


11-0628R - RESOLUTION APPROVING THE EXEMPTION OF A BINGO LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR ST. JOHN’S CHURCH.


BY COUNCILOR BOYLE                                  (PERSONNEL)


11-0622R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF POLICE RECORDS AND TECHNOLOGY MANAGER.


COMMITTEE 1


BY COUNCILOR BOYLE                                  (PERSONNEL)


11-0631R - RESOLUTION ELECTING MEMBER TO THE BOARD OF MANAGERS OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO MINNESOTA STATUTES, SECTION 115.23, SUBDIVISION 7.


11-0634R - RESOLUTION CONFIRMING THE CITY OF DULUTH’S APPOINTMENT OF LYNN GERLACH-COLLARD AND DEBORAH WAGNER REPLACING ERIC BLOMSTROM TO THE ST. LOUIS COUNTY HOMELESS LEADERSHIP COUNCIL.


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


11-0630R - RESOLUTION OF INTENT TO SUPPORT THE REQUEST BY ONE ROOF COMMUNITY HOUSING TO THE STATE OF MINNESOTA FOR THE AWARD OF FUNDS FROM THE RENTAL REHABILITATION DEFFERED LOAN PROGRAM (RRDL).


11-0635R - RESOLUTION VACATING TWO SEGMENTS OF 129TH AVENUE WEST NEAR FIRST STREET IN FOND DU LAC (CHRISTY AND ROGER VINE, JR, AND CHERYL AND ROGER VINE, SR)


BY COUNCILOR ANDERSON      (INTERGOVERNMENTAL RELATIONS)


11-0629R - RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SALVATION ARMY RELATING TO DISTRIBUTION OF EMERGENCY ENERGY ASSISTANCE FUNDS IN THE AMOUNT OF $16,086.


BY PRESIDENT GARDNER                (COMMITTEE OF THE WHOLE)


11-0627R - RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH-SUPERIOR PUBLIC ACCESS COMMUNITY TELEVISION, INC. FOR COMMUNITY ACCESS CABLECASTING, TRAINING, PRODUCTION AND ADMINISTRATION SERVICES IN 2012 IN THE NET AMOUNT OF $162,000.


COMMITTEE 3


BY COUNCILOR HARTMAN               (PUBLIC WORKS & UTILITIES)


11-0615R - RESOLUTION AWARDING A CONTRACT TO SAIC ENERGY, ENVIRONMENT & INFRASTRUCTURE, LLC, FOR PROFESSIONAL SERVICES IN CONDUCTING A COST OF SERVICE STUDY AND RATE DESIGN FOR THE CITY’S GAS UTILITY NOT TO EXCEED $44,800.


11-0616R - RESOLUTION AWARDING A CONTRACT TO RJS CONSTRUCTION GROUP, LLC FOR LIFT STATION NO. 45 PUMPING & FORCEMAIN IMPROVEMENTS IN THE AMOUNT OF $1,192,000.


11-0618R - RESOLUTION AMENDING RESOLUTION 10-0423 AWARDING A CONTRACT FOR A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH SALO ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN AND CONSTRUCTION ENGINEERING FOR THE RECONSTRUCTION OF 36TH AVENUE EAST FROM SUPERIOR STREET TO FOURTH STREET IN THE AMOUNT OF $14,136.58 FOR A NEW TOTAL OF $143,848.09.


COMMITTEE 3


BYCOUNCILOR HARTMAN               (PUBLIC WORKS & UTILITIES)


11-0633R - 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 RECONSTRUCTION OF EAST OXFORD STREET, LIVINGSTON AVENUE AND GLENWOOD STREET.


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


11-0608R - RESOLUTION AUTHORIZING THE ACCEPTANCE OF REIMBURSEMENT MONIES FROM THE UNITED STATES MARSHAL SERVICE FOR EXPENSES INCURRED IN SUPPORT OF THE REGIONAL FUGITIVE TASK FORCE.


11-0611R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH PUBLIC ARTS FUND, INC. FOR THE PLACEMENT OF A BRONZE SCULPTURE AT THE NEW PUBLIC SAFETY BUILDING.


11-0614R - RESOLUTION AUTHORIZING AN AGREEMENT WITH THE LAKE SUPERIOR TRAFFIC ENFORCEMENT TEAM MEMBERS FOR SERVICES UNDER A GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR THE PROECT ENTITLED “2012 TOWARD ZERO DEATHS LAW ENFORCEMENT”.


11-0621R - RESOLUTION AUTHORIZING AGREEMENT WITH CITY OF SUPERIOR TO PARTICIPATE IN THE COPS 2011 CHILD SEXUAL PREDATOR PROGRAM AND ACCEPT GRANT MONIES IN THE AMOUNT OF $103,000.


11-0624R - RESOLUTION TO EXPAND THE EXISTING RESIDENTIAL PARKING PERMIT ZONE AROUND EAST HIGH SCHOOL.


11-0625R- RESOLUTION ESTABLISHING ACCESSIBLE PARKING SPACES.


11-0626R - RESOLUTION AUTHORIZING SEASONAL CLOSING OF PORTIONS OF LINCOLN PARK DRIVE.


END OF CONSENT AGENDA


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INTRODUCTION AND CONSIDERATION OF ORDINANCES


ORDINANCES TABLED


The following entitled ordinance is to be read for the first time:

COMMITTEE 1

BY COUNCILOR BOYLE                      (PERSONNEL)

NEW 11-060-O-AN ORDINANCE AMENDING CHAPTER 13, OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO CIVIL SERVICE


COMMITTEE 3


BYCOUNCILOR HARTMAN               (PUBLIC WORKS & UTILITIES)


11-059-O - AN ORDINANCE PROHIBITING WORK WHICH DAMAGES CITY UTILITIES AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF, AMENDING CHAPTER 48 OF THE DULUTH CITY CODE, 1959, AS AMENDED, BY ADDING A NEW ARTICLE XIII THERETO.


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


COMMITTEE 1


BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


11-055-O - AN ORDINANCE AMENDING SECTION 8-40 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO THE ALCOHOLIC BEVERAGE CODE.


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


11-056-O - AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PROPERTY IN THE WEST DULUTH/ SPIRIT VALLEY AREA TO DEDA FOR $1,126.00


COMMITTEE 3


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


11-054-O - AN ORDINANCE REPEALING AND REPLACING CHAPTER 33, ARTICLE VI, AND AMENDING SECTIONS 33-101, 33-108, 33-110, 33-111.1 AND 33-221 OF THE DULUTH CITY CODE, 1959, AS AMENDED, CREATING A NEW DULUTH PARKING COMMISSION.


11-057-O - AN ORDINANCE AMENDING SECTION 10-5 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO THE BUILDING APPEAL BOARD.


11-058-O - AN ORDINANCE AMENDING SECTIONS 40-4 AND 40-10 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO ABANDONED PROPERTY.



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COUNCILOR QUESTIONS AND COMMENTS

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COUNCILOR PREVIEW OF UPCOMING BUSINESS

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