City Council

City of Duluth 411 West First Street Duluth, Minnesota 55802 Meeting Agenda - Final-revised Monday, August 31, 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 31, 2015 ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 15-040 Minutes of April 27, 2015, council meeting. Attachments: Minutes PUBLIC HEARING 7:00 p.m. - TIF Plan Amendment for TIF District No. 7 (Redevelopment District in West Duluth). PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 2. 15-037 Communications regarding the proposed East Duluth dog park site (15-0579R): (a) Shannon Borgeson; (b) Vicky Carper; (c) Michelle and Reuben Fischer; (d) Lindsay Helwig; (e) Don Jackson; (f) Ginger Johnson; (g) Suzan Johnson; (h) Kristen Kelly; (i) Rachel Kuntz; (j) Jackie LaGesse; (k) Katie Lassi; (l) Danielle Norkunas; (m) Tammy Olsen; (n) Lynette Olson; (o) Anne M. Seppo; (p) Jana Studelska. Attachments: (a) Borgeson (b) Carper (c) Fischer (d) Helwig (e) Jackson (f) Ginger Johnson (g) Suzan Johnson (h) Kelly (i) Kuntz (j) LaGesse (k) Lassi (l) Norkunas (m) Olsen (n) Olson (o) Seppo (p) Studelska City of Duluth Page 2 Printed on 8/31/2015 City Council Meeting Agenda - Final-revised August 31, 2015 3. 15-038 Communications regarding the proposed City Code regulation pertaining to outdoor broadcasting of music during certain hours (15-068-O): (a) Dean Korach; (b) Bernadine Martin. Attachments: (a) Korach (b) Martin REPORTS FROM THE ADMINISTRATION REPORTS OF BOARDS AND COMMISSIONS 4. 15-035 Spirit Mountain recreation area authority minutes of June 18, 2015, meeting. Attachments: Minutes 5. 15-036 Duluth airport authority minutes of July 21, 2015, meeting. Attachments: Minutes 6. 15-039 Duluth transit authority minutes of May 27, 2015, meeting. Attachments: Minutes REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD RESOLUTION TABLED COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 7. 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 (TABLED 8/10) MOTIONS AND RESOLUTIONS CONSENT AGENDA City of Duluth Page 3 Printed on 8/31/2015 City Council Meeting Agenda - Final-revised August 31, 2015 COMMITTEE 1 BY COUNCILOR HANSON (PURCHASING & LICENSING) 8. 15-0553R RESOLUTION AUTHORIZING A PURCHASE FROM NORTH AMERICAN SALT COMPANY FOR 5,100 TONS OF ROAD SALT FOR FALL 2015 IN THE AMOUNT OF $316,914. 9. 15-0558R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSE TO KENRITE, INC. (BULLDOG PIZZA & GRILL), 101 MT ROYAL CENTER. 10. 15-0565R RESOLUTION AUTHORIZING AN AGREEMENT WITH SHORT ELLIOT HENDRICKSON, INC. (SEH) FOR PROFESSIONAL DESIGN SERVICES FOR BAYFRONT PARK IMPROVEMENTS FOR A TOTAL NOT TO EXCEED $44,200. Attachments: Exhibit A Exhibit B 11. 15-0594R RESOLUTION APPROVING RENEWAL AND ISSUANCE OF THE ON SALE INTOXICATING LIQUOR LICENSES OF THE DUKE PARTNERS, LLC (SPURS ON FIRST), 109 WEST FIRST STREET AND HOSPITALITY ASSOCIATES OF DULUTH, LLC, (ACES ON FIRST), 113 WEST FIRST STREET. COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 12. 15-0524R RESOLUTION ADOPTING THE LINCOLN PARK SMALL AREA PLAN AND HEALTH IMPACT ASSESSMENT (LINCOLN PARK SMALL AREA PLAN AND HEALTH IMPACT ASSESSMENT) Attachments: Attachment 1 13. 15-0559R RESOLUTION VACATING A PORTION OF STREET RIGHT OF WAY AND ACCEPTING STREET AND UTILITY EASEMENTS FOR WEST SECOND STREET EAST OF 40TH AVENUE WEST (RMN LLLP). Attachments: Utility Easement Agreement Quit Claim Deed Exhibits BY COUNCILOR KRUG (INTERGOVERNMENTAL RELATIONS) City of Duluth Page 4 Printed on 8/31/2015 City Council Meeting Agenda - Final-revised August 31, 2015 14. 15-0508R RESOLUTION ENTERING INTO AN AGREEMENT ACCEPTING A GRANT OF $186,590 FROM THE STATE OF MINNESOTA - MINNESOTA STATE COLLEGES AND UNIVERSITIES (MNSCU) ON BEHALF OF LAKE SUPERIOR COLLEGE TO PROVIDE CAREER SERVICES FOR THE MINNESOTA ADVANCED MANUFACTURING PARTNERSHIP (MNAMP) LEARN, WORK, EARN GRANT. THE GRANT PERIOD IS SEPTEMBER 1, 2015 THROUGH SEPTEMBER 30, 2018. Attachments: MNAMP professional_technical_contract_8-2015 BY PRESIDENT LARSON (COMMITTEE OF THE WHOLE) 15. 15-0573R RESOLUTION APPROVING FUNDING AGREEMENT WITH MONACO AIR FOUNDATION, INC., ALLOCATING $30,000 TOWARDS THE COST OF INTERIOR AND EXTERIOR SIGNAGE RELATED TO NAMING THE NEW AIRPORT PASSENGER TERMINAL IN HONOR OF LATE U.S. REPRESENTATIVE JAMES L. OBERSTAR. Attachments: Exhibit A - Monaco Foundation Agreement COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 16. 15-0563R RESOLUTION AWARDING A CONTRACT TO A PLUS LANDSCAPING, LLC FOR THE 2015 TRAIL AND CULVERT FLOOD REPAIRS ON CLYDE CONNECTOR, DWP, KINGSBURY AND WESTERN TRAILS IN THE AMOUNT OF $516,150. Attachments: 15-0563 Maps BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 17. 15-0471R RESOLUTION AUTHORIZING ACCEPTANCE OF THE DULUTH CHILDREN’S OUTDOOR CHARTER AS A DOCUMENT TO FOSTER ACCESS TO OUTDOOR EXPERIENCES. Attachments: Exhibit A City of Duluth Page 5 Printed on 8/31/2015 City Council Meeting Agenda - Final-revised August 31, 2015 18. 15-0472R RESOLUTION TO ACCEPT STATE TAX FORFEIT LAND FROM ST. LOUIS COUNTY FOR THE PURPOSE OF WESTERN WATERFRONT TRAIL EXTENSION, QUARRY PARK ESTABLISHMENT, AND CROSS CITY TRAIL EXTENSION Attachments: County Resolutions 15-435, 15-436, 15-437.pdf QuarryPark_Convey.pdf CCTParcelConveyance WWFTTrailParcelConveyance_Map1 (2) WWFTTrailParcelConveyance_Map2 (2) WWFTTrailParcelConveyance_Map3 (2) 19. 15-0584R RESOLUTION RATIFYING EXECUTION OF VARIOUS AGREEMENTS WITH BNSF RAILWAY COMPANY PERTAINING TO THE WESTERN WATERFRONT TRAIL. Attachments: DOC082115-08212015152853 20. 15-0586R RESOLUTION ACCEPTING CONVEYANCE OF PROPERTY FROM THE DWP RAILWAY COMPANY. Attachments: DWP attachment DWPCartoon END OF CONSENT AGENDA The following entitled resolutions are also to be considered: COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 21. 15-0580R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, HOUSING AND REDEVELOPMENT AUTHORITY, FOR THE YEAR 2016. Attachments: Exhibit A AMENDMENT (SIPRESS) AMENDMENT (FOSLE) 22. 15-0581R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2016. Attachments: Exhibit A BY COUNCILOR HANSON (PURCHASING & LICENSING) City of Duluth Page 6 Printed on 8/31/2015 City Council Meeting Agenda - Final-revised August 31, 2015 23. 15-0582R RESOLUTION AUTHORIZING AN AMENDMENT TO C22275 WITH ROCK SOLID TRAIL CONTRACTING FOR THE TRAVERSE TRAIL PHASE II CONSTRUCTION FOR THE ADDITION OF $132,737.50. Attachments: Exhibit A NEW 24. 15-0583R RESOLUTION AUTHORIZING AN AGREEMENT WITH MCGOUGH CONSTRUCTION FOR PRE-CONSTRUCTION SERVICES RELATED TO THE CIRRUS BUILDING PROJECT FOR AN AMOUNT NOT TO EXCEED $45,000. Attachments: Exhibit A Exhibit B Exhibit C 25. 15-0593R RESOLUTION AUTHORIZING A CONTRACT WITH VEIT & COMPANY FOR THE GARY NEW DULUTH RECREATION CENTER PROJECT IN THE AMOUNT OF $455,750. Attachments: Exhibit A NEW BY COUNCILOR GARDNER (PERSONNEL) 26. 15-0577R RESOLUTION CONFIRMING THE APPOINTMENT OF CRAIG CHILCOTE TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY, REPLACING DON MONACO. Attachments: Application 27. 15-0590R RESOLUTION ADOPTING THE VEGETATION MANAGEMENT STRATEGIES IN THE SKYLINE PARKWAY CORRIDOR MANAGEMENT PLAN AS THE FRAMEWORK FOR CITY POLICIES AND ACTIONS. Sponsors: Gardner Attachments: SkylineCMP2015 COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 28. 15-0572R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 728 LAKE AVENUE SOUTH (DOUGLAS AND KATHLEEN BAKER) Attachments: Attachment 1 City of Duluth Page 7 Printed on 8/31/2015 City Council Meeting Agenda - Final-revised August 31, 2015 29. 15-0574R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 416 88TH AVENUE WEST (LAWRENCE TELEGA) Attachments: Attachment 1 30. 15-0575R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR TWO VACATION DWELLING UNITS AT 718 NORTH 7TH AVENUE EAST (TERESA MCNELLY AND ROB MCCLEARY) Attachments: Attachment 1 Attachment 2 COMMITTEE 3 BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 31. 15-0592R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A CONTINGENCY DONATION FROM GARY NEW DULUTH DEVELOPMENT ALLIANCE IF NECESSARY TO COMPLETE THE GARY NEW DULUTH REC. CENTER PROJECT, FOR AN AMOUNT NOT TO EXCEED $50,000. Attachments: Exhibit A NEW BY COUNCILORS SIPRESS AND JULSRUD 32. 15-0579R RESOLUTION IDENTIFYING RILEY ROAD PROPERTY AS A SITE FOR THE DEVELOPMENT OF AN EAST DULUTH DOG PARK. Sponsors: Sipress and Julsrud Attachments: Attachment A Proposed Riley Rd Dog Park INTRODUCTION AND CONSIDERATION OF ORDINANCES The following entitled ordinances are to be read for the first time: COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 33. 15-072-O AN ORDINANCE AMENDING CHAPTER 34, SECTION 23, OF THE DULUTH CITY CODE, 1959, AS AMENDED, ADDING A NEW SECTION PROHIBITING EXCESSIVE ENGINE DISCHARGE OR BRAKING NOISE. Sponsors: Filipovich City of Duluth Page 8 Printed on 8/31/2015 City Council Meeting Agenda - Final-revised August 31, 2015 COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 34. 15-073-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM R-1 TO MU-N, PROPERTY AT 2421 LONDON ROAD (MICHAEL TEGETHOFF) Attachments: Attachment 1 Attachment 2 35. 15-074-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, R-2 AND F-6 TO P-1, FOR BASKETBALL COURT, CHESTER BOWL, CHESTER PARK, LOWER CHESTER COMMUNITY RECREATION CENTER, ENDION COMMUNITY RECREATION CENTER, HILLSIDE SPORT COURT COMMUNITY RECREATION CENTER, LAKEVIEW PARK, MUNGER PARK, AND PORTLAND SQUARE (CITY OF DULUTH) Attachments: Attachment 1 Attachment 2 COMMITTEE 3 BY COUNCILOR FOSLE (PUBLIC SAFETY) 36. 15-070-O ORDINANCE AMENDING CHAPTER 26 OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO AERIAL LIFT BRIDGE OPERATIONS, ADDING PROHIBITION ON INTERFERENCE WITH SAFE BRIDGE OPERATIONS. 37. 15-075-O AN ORDINANCE AMENDING SECTION 10-3 OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATED TO THE PROCEDURE FOR VACANT BUILDING REGISTRATION. The following entitled ordinances are to be read for the second time: COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 38. 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. City of Duluth Page 9 Printed on 8/31/2015 City Council Meeting Agenda - Final-revised August 31, 2015 39. 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 COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 10 Printed on 8/31/2015