City Council

City of Duluth 411 West First Street Duluth, Minnesota 55802 Unofficial Actions - Final Monday, July 27, 2015 7:00 PM Council Chamber City Council 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. 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] City Council Unofficial Actions - Final July 27, 2015 ROLL CALL Present: 8- Councilor Zack Filipovich, Councilor Jay Fosle, Councilor Sharla Gardner, Councilor Howie Hanson, Councilor Jennifer Julsrud, Councilor Linda Krug, Councilor Barb Russ and Councilor Joel Sipress Absent: 1- President Emily Larson PUBLIC HEARING - 7:00 PM - Proposed Confirmation of Assessment Roll for the Riverside Recontruction. At this time, 7:03 p.m., the public hearing began. Carole Newkumet expressed her dissatisfaction about the quality of work that was done on this project. At this time, 7:06 p.m., the public hearing was declared closed and the regular order of business resumed. PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 1. 15-021 Colleen Baggs and Dick Swanson communication, submitted by Councilor Hanson, regarding the proposed renaming of ball fields near Wade Stadium (15-0423R and 15-0424R). Attachments: Communication This Petition/Other Communication was received. 2. 15-023 Bev Berglund communication regarding the proposed confirmation of the assessment roll for the Riverside reconstruction (15-0387R). Attachments: Communication This Petition/Other Communication was received. 3. 15-024 Barbara Hoffman communication regarding the proposed vacation of alleys southwest of Kenwood Avenue and Arrowhead Road (15-0429R). Attachments: Communication This Petition/Other Communication was received. REPORTS FROM OTHER OFFICERS City of Duluth Page 1 Printed on 10/27/2015 City Council Unofficial Actions - Final July 27, 2015 4. 15-016 Clerk applications for exempt permits (raffles) to the Minnesota gambling control board from Circle of Hope on October 18, 2015, Essentia Health - Duluth and Essentia Health St. Mary’s Medical Center on November 6, 2015. Attachments: Application_CircleofHope Application_EssentiaHealthDuluth Application_EssentiaHealthSMMC This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS 5. 15-019 Duluth airport authority minutes of June 16, 2015, regular and special meetings. Attachments: Regular Meeting Minutes Special Meeting Minutes This Board or Commission Report was received. 6. 15-020 Duluth public utilities commission minutes of May 19, 2015, meeting and resolution amending water customer category C/I 6 to include golf course irrigation (15PUC-005). Attachments: Minutes 15PUC-005 This Board or Commission Report was received. 7. 15-022 Duluth parking commission minutes of August 15, September 19, October 3, November 7 and December 5, 2014. Attachments: 08152014 Minutes 09192014 Minutes 10032014 Minutes 11072014 Minutes 12052014 Minutes This Board or Commission Report was received. City of Duluth Page 2 Printed on 10/27/2015 City Council Unofficial Actions - Final July 27, 2015 OPPORTUNITY FOR CITIZENS TO BE HEARD RESOLUTIONS TABLED COMMITTEE 1 BY COUNCILOR HANSON (PURCHASING & LICENSING) 8. 15-0423R RESOLUTION OF SUPPORT FOR NAMING THE LITTLE LEAGUE FIELDS LOCATED BEHIND WADE STADIUM THE JOHN BAGGS LITTLE LEAGUE FIELDS. Sponsors: Hanson Councilor Hanson moved to remove the resolution from the table, which motion was seconded and unanimously carried. A motion was made that this Resolution be adopted. The motion carried by a unanimous vote. 9. 15-0424R RESOLUTION OF SUPPORT FOR NAMING THE TWO SOFTBALL FIELDS OUTSIDE WADE STADIUM THE DICK SWANSON FIELDS. Sponsors: Hanson Councilor Hanson moved to remove the resolution from the table, which motion was seconded and unanimously carried. A motion was made that this Resolution be adopted. The motion carried by a unanimous vote. MOTIONS AND RESOLUTIONS CONSENT AGENDA Approval of the Consent Agenda A motion was made to approve the Consent Agenda. The motion carried by the following vote: Yea: 8- Councilor Filipovich, Councilor Fosle, Councilor Gardner, Councilor Hanson, Councilor Julsrud, Councilor Krug, Councilor Russ and Councilor Sipress Absent: 1- President Larson COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) City of Duluth Page 3 Printed on 10/27/2015 City Council Unofficial Actions - Final July 27, 2015 11. 15-0429R RESOLUTION VACATING ALLEYS IN BLOCKS 1, 2, AND 11, MYERS AND WHIPPLES ADDITION TO DULUTH, LOCATED SOUTHWEST OF KENWOOD AVENUE AND ARROWHEAD ROAD, RETAINING A UTILITY EASEMENT OVER WESTERN PORTION OF THE ALLEY (KENWOOD VILLAGE LLC) Attachments: final signed exhibit Staff Report and Attachments This Resolution was adopted. 12. 15-0436R RESOLUTION AUTHORIZING A DEVELOPMENT AGREEMENT WITH ONE ROOF COMMUNITY HOUSING FOR THE JAY STREET HOUSING PROJECT. Attachments: Jay Street Development Agreement This Resolution was adopted. 13. 15-0462R RESOLUTION AUTHORIZING A SUBORDINATION AGREEMENT RELATING TO THE REFINANCING OF THE VILLAGE AT MATTERHORN HOUSING PROJECT. Attachments: Exhibit A - 15-0462R This Resolution was adopted. COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 14. 15-0450R RESOLUTION AWARDING A CONTRACT TO UTILITY SYSTEMS OF AMERICA, INC. FOR KNOWLTON CREEK WATER MAIN RELOCATIONS AT GRAND AVENUE IN THE AMOUNT OF $292,897. Attachments: 15-0450R Map This Resolution was adopted. BY COUNCILOR FOSLE (PUBLIC SAFETY) City of Duluth Page 4 Printed on 10/27/2015 City Council Unofficial Actions - Final July 27, 2015 15. 15-0467R RESOLUTION SCHEDULING A PUBLIC HEARING ON THE PROPOSED DESIGNATION OF CERTAIN STREETS IN THE VICINITY OF UNIVERSITY OF MINNESOTA DULUTH AS RESIDENT PERMIT PARKING. Attachments: Attachment for 15-0467R This Resolution was adopted. BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 16. 15-0451R RESOLUTION AUTHORIZING ACCEPTANCE OF A QUIT CLAIM DEED FROM BRADLEY E. LINDER FOR PROPERTY TO BE USED AS PART OF THE AMITY CREEK GRANT-IN-AID CONNECTOR SNOWMOBILE TRAIL TO THE C.J. RAMSTAD/NORTH SHORE STATE TRAIL. Attachments: Exhibit A Linder Parcel Map This Resolution was adopted. 17. 15-0464R RESOLUTION AUTHORIZING CITY OFFICIALS TO APPLY FOR, ACCEPT, AND EXECUTE AN AGREEMENT FROM THE NATIONAL PARKS SERVICE RIVERS, TRAILS AND CONSERVATION ASSISTANCE PROGRAM FOR NON-MONETARY TECHNICAL ASSISTANCE IN PREPARING A MASTER PLAN AROUND THE INVESTMENTS IN A FUTURE NATIONAL WATER TRAIL ON THE ST. LOUIS RIVER. Attachments: 15-0464R EXHIBIT A -DRAFT APP.pdf This Resolution was adopted. 18. 15-0466R RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH COMMUNITY ACTION DULUTH FOR USE OF A CITY-OWNED GARAGE IN THE LINCOLN PARK NEIGHBORHOOD. Attachments: Attachment to 15-0466R This Resolution was adopted. City of Duluth Page 5 Printed on 10/27/2015 City Council Unofficial Actions - Final July 27, 2015 19. 15-0468R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA IN THE AMOUNT OF $320,000.00 FOR THE LAKE SUPERIOR ZOO. Attachments: Exhibit A -Duluth Zoo Contract FY16 with City signature page.pdf This Resolution was adopted. END OF CONSENT AGENDA The following entitled resolution was also considered: COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 10. 15-0387R RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTIONS OF THE RIVERSIDE RECONSTRUCT. Attachments: Riverside Resolution Attachment A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 8- Councilor Filipovich, Councilor Fosle, Councilor Gardner, Councilor Hanson, Councilor Julsrud, Councilor Krug, Councilor Russ and Councilor Sipress Absent: 1- President Larson The following entitled ordinances were read for the first time: COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 20. 15-063-O AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF TAXABLE GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS OF THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $4,150,000 UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. This Ordinance was read for the first time. Enactment No: 10397 City of Duluth Page 6 Printed on 10/27/2015 City Council Unofficial Actions - Final July 27, 2015 BY COUNCILOR GARDNER (PERSONNEL) 21. 15-060-O AN ORDINANCE AMENDING CHAPTER II, SECTION 4, OF THE CITY CHARTER TO ALLOW AN ELIGIBLE PERSON TO FILL A VACANCY UNTIL THE FIRST MONDAY IN JANUARY AFTER THE NEXT MUNICIPAL ELECTION. Sponsors: Gardner This Ordinance was read for the first time. Enactment No: 10398 22. 15-061-O AN ORDINANCE AMENDING CHAPTER II, SECTION 5, OF THE CITY CHARTER TO ESTABLISH A PROCEDURE TO SET THE FEE PAID TO CITY COUNCIL MEMBERS FOR SERVING AS MEMBERS OF THE CITY COUNCIL. Sponsors: Gardner This Ordinance was read for the first time. 23. 15-062-O AN ORDINANCE AMENDING CHAPTER II, SECTION 4, OF THE CITY CHARTER TO ALLOW THE CITY COUNCIL TO CHOOSE AN ELIGIBLE PERSON BY COIN TOSS TO FILL A VACANCY IF THE COUNCIL IS DEADLOCKED. Sponsors: Gardner This Ordinance was read for the first time. Enactment No: 10399 COMMITTEE 2 BY PRESIDENT LARSON (COMMITTEE OF THE WHOLE) 24. 15-064-O AN ORDINANCE AMENDING CHAPTER I, SECTION 1, OF THE CITY CHARTER AMENDING THE LEGAL DESCRIPTION FOR THE CITY OF DULUTH. This Ordinance was read for the first time. Enactment No: 10400 City of Duluth Page 7 Printed on 10/27/2015 City Council Unofficial Actions - Final July 27, 2015 The following entitled ordinances were read for the second time: COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 25. 15-059-O AN ORDINANCE AMENDING CHAPTER 8, SECTION 41, OF THE DULUTH CITY CODE, 1959, AS AMENDED, ELIMINATING THE PROHIBITION AGAINST GRANTING ALCOHOLIC BEVERAGE LICENSES TO CITY OFFICIALS NOT EMPLOYED IN THE POLICE OR FIRE DEPARTMENTS. Sponsors: Filipovich A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 8- Councilor Filipovich, Councilor Fosle, Councilor Gardner, Councilor Hanson, Councilor Julsrud, Councilor Krug, Councilor Russ and Councilor Sipress Absent: 1- President Larson Enactment No: 10416 COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 26. 15-055-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM RR-1 TO MU-B 160 ACRES ALONG THE EAST SIDE OF RICE LAKE ROAD SOUTH OF RIDGEVIEW ROAD (JLH PROPERTIES OF DULUTH LLC). Attachments: Map Attachment Staff Report and Attachments A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 8- Councilor Filipovich, Councilor Fosle, Councilor Gardner, Councilor Hanson, Councilor Julsrud, Councilor Krug, Councilor Russ and Councilor Sipress Absent: 1- President Larson Enactment No: 10417 City of Duluth Page 8 Printed on 10/27/2015 City Council Unofficial Actions - Final July 27, 2015 27. 15-056-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH AS REFERENCED IN CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1 TO P-1, FOR CONGDON PARK, LONGVIEW TENNIS COURTS, MORLEY PARK, OLD MAIN PARK AND WAVERLY PARK (CITY OF DULUTH). Attachments: Zoning Map Attachment Staff Report and Attachments A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 8- Councilor Filipovich, Councilor Fosle, Councilor Gardner, Councilor Hanson, Councilor Julsrud, Councilor Krug, Councilor Russ and Councilor Sipress Absent: 1- President Larson Enactment No: 10418 28. 15-058-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR UNDERGROUND UTILITIES IN THE RIGHT OF WAY OF 5TH AVENUE EAST BETWEEN 2ND STREET AND 4TH STREET (ESSENTIA HEALTH) Attachments: Legal Description Exhibit Staff Report and Attachments A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 8- Councilor Filipovich, Councilor Fosle, Councilor Gardner, Councilor Hanson, Councilor Julsrud, Councilor Krug, Councilor Russ and Councilor Sipress Absent: 1- President Larson Enactment No: 10419 COMMITTEE 3 BY COUNCILOR FOSLE (PUBLIC SAFETY) 29. 15-057-O AN ORDINANCE AMENDING CHAPTER 33, SECTION 91, OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO UNATTENDED MOTOR VEHICLES. A motion was made that this Ordinance be adopted. The motion carried by the following vote: City of Duluth Page 9 Printed on 10/27/2015 City Council Unofficial Actions - Final July 27, 2015 Yea: 8- Councilor Filipovich, Councilor Fosle, Councilor Gardner, Councilor Hanson, Councilor Julsrud, Councilor Krug, Councilor Russ and Councilor Sipress Absent: 1- President Larson Enactment No: 10420 The meeting was adjourned at 7:24 p.m. City of Duluth Page 10 Printed on 10/27/2015