City Council

City of Duluth 411 West First Street Duluth, Minnesota 55802 Meeting Agenda - Final-revised Monday, August 10, 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 Meeting Agenda - Final-revised August 10, 2015 ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES PUBLIC HEARINGS - 7:00 P.M. Proposed Amendment to the City Charter Section 4 Pertaining to the Terms of an Appointed City Council or Mayor 7:00 P.M. - Proposed Amendment to City Charter Section 5 Pertaining to the Establishment of a Procedure to Set City Council Salaries 7:00 P.M. - Proposed Amendment to the City Charter Section 4 Pertaining to the Establishment of a Procedure for Deadlocked Selection Votes to Fill a City Council Vacancy. 7:00 P.M. - Proposed Amendment to City Charter Section 1 Pertaining to the Legal Description of the City of Duluth. 7:00 P.M. - Proposed Designation of Certain Streets in the Vicinity of University of Minnesota Duluth as Resident Permit Parking PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 1. 15-030 Rosemarie Mitchell communication regarding the proposed call for an advisory referendum pertaining to the sale of intoxicating liquor in the Lakeside and Lester Park neighborhoods (15-0465R). Attachments: Communication 2. 15-028 The following communications regarding the appeal of the planning commission decision to grant Green Capital, LLC, a special use permit for a townhome development (15-0518R and 15-0519R): (a) Helena Jackson and Doug Dunham; (b) Gerry Stephens and Tom Hoff; (c) Katie Krikorian; (d) David and Kathleen Anderson; (e) Greg Nisius; (f) Vi Adams; (g) Rhonda Krossner; (h) William Burns, attorney for appellants. Attachments: (a) Communication (b) Communication (c) Communication (d) Communication (e) Communication (f) Communication (g) Communication (h) Communication City of Duluth Page 2 Printed on 8/12/2015 City Council Meeting Agenda - Final-revised August 10, 2015 3. 15-029 The following communications regarding the proposed purchase of property from the Westminster Presbyterian Church of West Duluth (15-0513R): (a) Marina Udd; (b) Harry Welty. Attachments: (a) Communication (b) Communication 4. 15-031 The following communications regarding the proposed grant to Spirit Mountain recreation area authority (15-0525R): (a) Allan Beaulier; (b) Richard Paulson; (c) Yvonne Prettner Solon. Attachments: (a) Communication (b) Communication (c) Communication 5. 15-033 The following communications regarding the proposed City Code regulation pertaining to outdoor broadcasting of music during certain hours (15-068-O): (a) Cheryl Asperheim; (b) Marsha Erickson. Attachments: (a) Communication (b) Communication REPORTS FROM OTHER OFFICERS 6. 15-026 Clerk application for exempt permit to the Minnesota gambling control board from St. Luke's Volunteer Service Guild on November 6, 2015 (raffle). Attachments: Application_StLukesVolunteerServiceGuild REPORTS OF BOARDS AND COMMISSIONS 7. 15-027 Civil service board minutes of June 2, 2015, meeting. Attachments: CivilServiceBoardMinutes CONSENT AGENDA 8. 15-032 Duluth economic development authority minutes of June 24, 2015, meeting. Attachments: Minutes REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD City of Duluth Page 3 Printed on 8/12/2015 City Council Meeting Agenda - Final-revised August 10, 2015 MOTIONS AND RESOLUTIONS COMMITTEE 1 BY COUNCILOR HANSON (PURCHASING & LICENSING) 9. 15-0489R RESOLUTION APPROVING RENEWAL AND ISSUANCE OF ON SALE INTOXICATING LIQUOR, ON SALE THEATER LICENSES, ON SALE SUNDAY INTOXICATING LIQUOR, ADDITIONAL BAR, ON SALE DANCING, 2:00 A.M. BEVERAGE LICENSE AND LATE HOUR ENTERTAINMENT LICENSES FOR THE PERIOD BEGINNING SEPTEM-BER 1, 2015, AND ENDING AUGUST 31, 2016. Attachments: Attachment A - On sale.pdf 10. 15-0490R RESOLUTION APPROVING THE ISSUANCE OF ON SALE WINE LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2015, AND ENDING AUGUST 31, 2016. Attachments: Attachment A - Wine.pdf 11. 15-0491R RESOLUTION APPROVING THE ISSUANCE OF ON SALE CLUB LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2015, AND ENDING AUGUST 31, 2016. Attachments: Attachment A - Club.pdf 12. 15-0492R RESOLUTION APPROVING THE ISSUANCE OF OFF SALE INTOX-ICATING LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2015, AND ENDING AUGUST 31, 2016. Attachments: Attachment A - Off Sale.pdf 13. 15-0493R RESOLUTION APPROVING THE ISSUANCE OF ON AND OFF SALE BREWERY MALT LIQUOR RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2015, AND ENDING AUGUST 31, 2016. Attachments: Attachment A - Brewery.pdf 14. 15-0494R RESOLUTION APPROVING THE ISSUANCE OF ON AND OFF SALE MICRODISTILLERY RENEWAL LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2015, AND ENDING AUGUST 31, 2016. Attachments: Attachment A - Distrillery.pdf 15. 15-0495R RESOLUTION APPROVING ISSUANCE OF TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH SUPERIOR GLBTAQI PRIDE (DULUTH SUPERIOR PRIDE FESTIVAL), BAYFRONT PARK. 16. 15-0517R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR THE ALS ASSOCIATION. City of Duluth Page 4 Printed on 8/12/2015 City Council Meeting Agenda - Final-revised August 10, 2015 17. 15-0521R RESOLUTION AUTHORIZING THE PURCHASE OF AN ADDITIONAL 6,270 TONS OF HOT MIX FROM NORTHLAND CONSTRUCTORS IN THE AMOUNT OF $291,555. Attachments: Exhibit A 18. 15-0522R RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM LAKE AIRE SERVICE COMPANY DULUTH, (EDGEWATER RESORT & WATERPARK), 2330 & 2440 LONDON ROAD TO ZENITH ASSET COMPANY, LLC (EDGEWATER RESORT & WATERPARK), SAME ADDRESS. 19. 15-0523R RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM ZENITH DULUTH, INC (INN ON LAKE SUPERIOR), 350 CANAL PARK DRIVE TO ZENITH ASSET COMPANY, LLC (INN ON LAKE SUPERIOR), SAME ADDRESS. BY COUNCILOR GARDNER (PERSONNEL) 20. 15-0441R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF MEASUREMENT SERVICES SPECIALIST, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Attachments: Measurement Services Specialist Job Description 21. 15-0442R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF APPLIANCE MECHANIC APPRENTICE, INCLUDING A TITLE CHANGE TO UTILITY SERVICES SPECIALIST APPRENTICE, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Attachments: Utility Services Specialist Apprentice Job Description Appliance Mechanic Apprentice Job Description redline 22. 15-0443R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF APPLIANCE MECHANIC JOURNEYPERSON, INCLUDING A TITLE CHANGE TO UTILITY SERVICES SPECIALIST JOURNEYPERSON, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Attachments: Utility Services Specialist Journeyperson Job Description Appliance Mechanic Journeyperson Job Description Redline.pdf COMMITTEE 2 City of Duluth Page 5 Printed on 8/12/2015 City Council Meeting Agenda - Final-revised August 10, 2015 BY PRESIDENT LARSON (COMMITTEE OF THE WHOLE) 23. 15-0488R RESOLUTION APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 15, 2015, MUNICIPAL AND SCHOOL BOARD PRIMARY ELECTION, AND THE NOVEMBER 3, 2015, MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION. Attachments: Attachment A.pdf COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 24. 15-0460R RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR CONSTRUCTION OF NATURAL GAS, STORM SEWER, SANITARY SEWER, WATER SYSTEM IMPROVMENTS AND TREE PLANTING ASSOCIATED WITH THE RECONSTRUCTION OF CSAH 9 (FOURTH STREET) FROM SIXTH AVENUE EAST TO WALLACE AVENUE. Attachments: 15-0460R Exhibit A 15-0460R Exhibit B 15-0460R Map 15-0460R Agreement 25. 15-0461R RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR TRAFFIC SIGNAL MODIFICATIONS, ROADWAY LIGHTING AND TRAFFIC CONTROL INTERCONNECTION IMPROVEMENTS TO CSAH 9 (EAST FOURTH STREET) BETWEEN SIXTH AVENUE EAST AND WALLACE AVENUE. Attachments: 15-0461R Map 15-0461 Agreement 26. 15-0509R RESOLUTION AWARDING A CONTRACT TO UTILITY SYSTEMS OF AMERICA, INC. FOR HAWTHORNE ROAD STORM SEWER IMPROVEMENTS AND STREET REPAIRS IN THE AMOUNT OF $258,243.30. Attachments: 15-0509R Map 27. 15-0514R RESOLUTION AWARDING A CONTRACT TO HANCO UTILITIES, INC. FOR THE 12” GAS MAIN REPLACEMENT AT KNOWLTON CREEK AND GRAND AVENUE IN THE AMOUNT OF $74,621. Attachments: 15-0514R Map City of Duluth Page 6 Printed on 8/12/2015 City Council Meeting Agenda - Final-revised August 10, 2015 28. 15-0515R RESOLUTION AWARDING A CONTRACT TO UTILITY SYSTEMS OF AMERICA, INC. FOR WATER MAIN REPLACEMENT UNDER TISCHER CREEK AT FAIRMONT STREET IN THE AMOUNT OF $90,150. Attachments: 15-0515 Map BY COUNCILOR FOSLE (PUBLIC SAFETY) 29. 15-0470R RESOLUTION AMENDING RESOLUTION 89-0885 AND DESIGNATING PORTIONS OF LYONS STREET, EAST NIAGARA STREET AND MISSOURI AVENUE IN THE VICINITY OF THE UNIVERSITY OF MINNESOTA DULUTH AS RESIDENT PERMIT PARKING. Attachments: Attachment for 15-0470R 30. 15-0497R RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES ON MICHIGAN STREET ON SEPTEMBER 3, 2015, IN CONJUNCTION WITH THE DULUTH SUPERIOR GLBT PRIDE FESTIVAL AND SUBJECT TO CERTAIN CONDITIONS. 31. 15-0520R RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT IN THE AMOUNT OF $4,000 FROM THE NORTHEAST MINNESOTA REGIONAL RADIO BOARD FOR THE PURCHASE OF A DUAL BAND RADIO CONSOLE FOR CITY OF DULUTH EMERGENCY OPERATION CENTER. Attachments: 2015 01-21 Duluth PD APX 7500 W MCD Consolette quote NERRB-00003 SHSP grant 2014 RRB Minutes 02_26_2015 BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 32. 15-0487R RESOLUTION AWARDING A CONTRACT TO BIG BELLY SOLAR, INC., FOR THE PURCHASE AND DELIVERY OF TWELVE (12) TWO-UNIT SOLAR POWERED TRASH/RECYCLING KIOSKS AND TWENTY (20) BOXES OF LINERS IN THE AMOUNT OF $73,065. 33. 15-0501R RESOLUTION AUTHORIZING LICENSE AGREEMENT WITH MNDNR FOR CONSTRUCTION WORK IN CHAMBERS GROVE. Attachments: Chambers Grove DNR Agreement 7-30-2015.pdf City of Duluth Page 7 Printed on 8/12/2015 City Council Meeting Agenda - Final-revised August 10, 2015 34. 15-0507R RESOLUTION AUTHORIZING AN AGREEMENT WITH TKDA FOR PROFESSIONAL SERVICES FOR THE WESTERN WATERFRONT TRAIL CORRIDOR RESTORATION PROJECT FOR A TOTAL AMOUNT NOT TO EXCEED $70,000. Attachments: Exhibit A Exhibit B Exhibit C END OF CONSENT AGENDA The following entitled resolutions were also considered: COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 35. 15-0506R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT MONEY FROM THE GREATER DOWNTOWN COUNCIL FOR THE MICHIGAN STREET BIKEWAY FEASIBILITY ANALYSIS IN THE AMOUNT OF $10,000 36. 15-0511R RESOLUTION AFFIRMING THE PLANNING COMMISSION DECISION REGARDING A LAND USE SUPERVISOR INTERPRETATION OF SECTION 50-15.6.E.2 AS IT APPLIES TO A POTENTIAL EXPANSION OF EXISTING HOTEL AT 1003 MINNESOTA AVENUE (TERRY ANDERSON) Attachments: Attachment 1 of 3 Attachment 2 of 3 Attachment 3 of 3 37. 15-0512R RESOLUTION REVERSING THE PLANNING COMMISSION DECISION REGARDING A LAND USE SUPERVISOR INTERPRETATION OF SECTION 50-15.6.E.2 AS IT APPLIES TO A POTENTIAL EXPANSION OF EXISTING HOTEL AT 1003 MINNESOTA AVENUE (TERRY ANDERSON) Attachments: Attachment 1 of 3 Attachment 2 of 3 Attachment 3 of 3 38. 15-0513R RESOLUTION RATIFYING THE PURCHASE OF FLOOD DAMAGED PROPERTY FROM THE WESTMINSTER PRESBYTERIAN CHURCH OF WEST DULUTH FOR $30,000. Attachments: Exhibit A City of Duluth Page 8 Printed on 8/12/2015 City Council Meeting Agenda - Final-revised August 10, 2015 39. 15-0518R RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO GRANT GREEN CAPITAL, LLC, A SPECIAL USE PERMIT FOR AN EIGHT UNIT TOWNHOME DEVELOPMENT AT THE SOUTHEAST CORNER OF MISSISSIPPI AVENUE AND LYONS STREET 40. 15-0519R RESOLUTION REVERSING THE PLANNING COMMISSION’S DECISION TO GRANT GREEN CAPITAL, LLC, A SPECIAL USE PERMIT FOR AN EIGHT UNIT TOWNHOME DEVELOPMENT AT THE SOUTHEAST CORNER OF MISSISSIPPI AVENUE AND LYONS STREET Attachments: Attachment A Attachment B Attachment C BY COUNCILOR KRUG (INTERGOVERNMENTAL RELATIONS) 41. 15-0516R RESOLUTION FIXING THE BALLOT QUESTION TO BE SUBMITTED TO THE ELECTORATE AS TO RANKED CHOICE VOTING. Attachments: FILIPOVICH AMENDMENT (REPLACEMENT 2) SIPRESS AMENDMENT COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 42. 15-0465R RESOLUTION CALLING FOR AN ADVISORY REFERENDUM PERTAINING TO THE SALE OF INTOXICATING LIQUOR IN THE LAKESIDE AND LESTER PARK NEIGHBORHOODS OF DULUTH. Sponsors: Julsrud BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 43. 15-0525R RESOLUTION AUTHORIZING GRANT TO SPIRIT MOUNTAIN RECREATION AREA AUTHORITY FOR OPERATIONS. INTRODUCTION AND CONSIDERATION OF ORDINANCES The following entitled ordinances were read for the first time: COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) City of Duluth Page 9 Printed on 8/12/2015 City Council Meeting Agenda - Final-revised August 10, 2015 44. 15-054-O AN ORDINANCE PROSCRIBING ILLICIT DISCHARGES TO THE CITY STORM SEWER SYSTEM, ADDING CHAPTER 43A TO THE DULUTH CITY CODE, 1959, AS AMENDED. 45. 15-068-O AN ORDINANCE AMENDING THE DULUTH CITY CODE, 1959, AS AMENDED, AMENDING CHAPTER 25 ADDING A NEW SECTION 12 REGARDING OUTDOOR BROADCASTING OF MUSIC DURING CERTAIN HOURS. Sponsors: Julsrud The following entitled ordinances were read for the second time: COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 46. 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. Legislative History 7/27/15 City Council read for the first time BY COUNCILOR GARDNER (PERSONNEL) 47. 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 Legislative History 7/27/15 City Council read for the first time 48. 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 Legislative History 7/27/15 City Council read for the first time City of Duluth Page 10 Printed on 8/12/2015 City Council Meeting Agenda - Final-revised August 10, 2015 49. 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 Legislative History 7/27/15 City Council read for the first time COMMITTEE 2 BY PRESIDENT LARSON (COMMITTEE OF THE WHOLE) 50. 15-064-O AN ORDINANCE AMENDING CHAPTER I, SECTION 1, OF THE CITY CHARTER AMENDING THE LEGAL DESCRIPTION FOR THE CITY OF DULUTH. Legislative History 7/27/15 City Council read for the first time COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 11 Printed on 8/12/2015