City Council

City of Duluth 411 West First Street Duluth, Minnesota 55802 Meeting Agenda - Final-revised Monday, September 28, 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 September 28, 2015 ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 15-059 June 1 and 15, 2015. Attachments: June 1, 2015 June 15, 2015 PUBLIC HEARING - 7:00 PM - Proposed Modification to Development District No. 17, Approving the Establishment of TIF District No. 29 and the Adoption of a TIF Plan Therefor. PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 2. 15-060 Communications regarding the proposed Downtown bike facility plans (15-0666R, 15-0667R and 15-0668R). Attachments: Allete, Inc. Bryan Crum Bud and Ruth Darling Duluth Bike Coalition Duluth Coffee Company Greg Follmer Commercial Real Estate Ryan Franke Alec Kadlec Lake Superior Port Cities, Inc. Sandi Larson Maurices Rosemarie Mitchell North Shore Title Penny Perry Pizza Man RT Quinlan's Shel/Don Rand Sola City of Duluth Page 2 Printed on 9/28/2015 City Council Meeting Agenda - Final-revised September 28, 2015 3. 15-062 Communication regarding the proposed acceptance of a brownfields area wide planning grant from the US environmental protection agency (15-0673R). Attachments: John and Trina Harris 4. 15-065 Communication regarding the proposed rezoning of the Morgan Park School site (15-079-O). Attachments: Bill and Sue Majewski REPORTS FROM OTHER OFFICERS 5. 15-051 Clerk applications for exempt permits to the Minnesota gambling control board from Lincoln Park Business Group on November 19, 2015 (bingo, raffle) and Rotary Club of Duluth on February 25, 2016 (raffle). Attachments: Lincoln Park Business Group Application Rotary Club of Duluth Application REPORTS OF BOARDS AND COMMISSIONS 6. 15-055 Civil service board minutes of July 7 and July 17, 2015, meetings. Attachments: July 7, 2015 July 17, 2015 7. 15-056 Duluth public utilities commission minutes of July 21, 2015, meeting; and Resolution 15PUC-006 regarding the approval and recommendation of the 2016 utility budget. Attachments: Minutes Resolution 15PUC-006 8. 15-057 Duluth airport authority minutes of August 18, 2015, meeting. Attachments: Minutes 9. 15-058 Library board minutes of June 23, 2015, meeting. Attachments: Minutes 10. 15-061 Spirit Mountain recreation area authority minutes of August 20, 2015, meeting. Attachments: Minutes 11. 15-063 Duluth economic development authority minutes of August 26, 2015, meeting. Attachments: Minutes City of Duluth Page 3 Printed on 9/28/2015 City Council Meeting Agenda - Final-revised September 28, 2015 REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD MOTIONS AND RESOLUTIONS CONSENT AGENDA COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 12. 15-0633R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2016. 13. 15-0649R RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2015A. Attachments: Exhibit A 14. 15-0650R RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF GENERAL OBLIGATION CAPITAL EQUIPMENT NOTES, SERIES 2015B. Attachments: Exhibit A 15. 15-0651R RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF TAXABLE GENERAL OBLIGATION AIRPORT IMPROVEMENT BONDS, SERIES 2015C. Attachments: Exhibit A 16. 15-0652R RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF TAXABLE GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS, SERIES 2015D. Attachments: Exhibit A 17. 15-0653R RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF TAXABLE GENERAL OBLIGATION TOURISM TAX REVENUE BONDS, SERIES 2015E. Attachments: Exhibit A City of Duluth Page 4 Printed on 9/28/2015 City Council Meeting Agenda - Final-revised September 28, 2015 18. 15-0654R RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF GENERAL OBLIGATION STREET IMPROVEMENT REFUNDING BONDS, SERIES 2015F. Attachments: Exhibit A 19. 15-0655R RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FOR THE SALE OF GENERAL OBLIGATION UTILITIES REVENUE REFUNDING BONDS, SERIES 2015G. Attachments: Exhibit A 20. 15-0680R RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND LAW ENFORCEMENT LABOR SERVICES LOCAL 363, DULUTH POLICE LIEUTENANTS, FOR THE YEARS 2015-2017. Attachments: Final 2015-2017 LELS Agreement (clean) Final 2015-2017 LELS Agreement (Changes Marked) BY COUNCILOR HANSON (PURCHASING & LICENSING) 21. 15-0605R RESOLUTION AUTHORIZING AN AMENDMENT TO C22370 WITH ACCRUENT, LLC, FOR ADDITIONAL IMPLEMENTATION OF THE WORK ORDER SYSTEM IN THE AMOUNT OF $4,000, FOR A TOTAL 5-YEAR CONTRACT AMOUNT OF $90,708. Attachments: Exhibit A 22. 15-0681R RESOLUTION AUTHORIZING A SINGLE SOURCE PURCHASE FROM EVOLVING SOLUTIONS FOR SUPPORT AND MAINTENANCE OF A NETAPP SYSTEM IN THE AMOUNT OF $47,507.32. COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 23. 15-0673R RESOLUTION AUTHORIZING ACCEPTANCE OF A BROWNFIELDS AREA-WIDE PLANNING GRANT FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND EXECUTION OF THE AGREEMENT RELATED THERETO Attachments: Agreement No. 00E01495 24. 15-0678R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH THE CENTER FOR MUNICPAL SERVICES (CMS) TO PROVIDE TECHNICAL ASSITANCE FOR WIRELESS TELECOMMUNICATIONS PLANNING AND ZONING APPLICATIONS IN AN AMOUNT NOT TO EXCEED $200,000. Attachments: Attachment 1 City of Duluth Page 5 Printed on 9/28/2015 City Council Meeting Agenda - Final-revised September 28, 2015 25. 15-0684R RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND KENWOOD VILLAGE LLC RELATED TO THE MIXED USE DEVELOPMENT AT THE SOUTHWEST CORNER OF ARROWHEAD ROAD AND KENWOOD AVENUE. Attachments: Exhibit A - Resolution 15-0684R BY COUNCILOR KRUG (INTERGOVERNMENTAL RELATIONS) 26. 15-0679R RESOLUTION AUTHORIZING AN AMENDMENT TO THE LEASE AGREEMENT (CONTRACT NO. 21469) WITH THE STATE AUDITOR FOR OFFICE SPACE IN CITY HALL EXTENDING THE TERM AND INCREASING THE RENT. Attachments: Lease 11877 Amendment 1_Redacted_InitialedOSA COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 27. 15-0646R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC FOR THE RECONDITIONING/RECONSTRUCTION OF RIDGEVIEW ROAD FROM RICE LAKE ROAD (CSAH 4) TO THE MNANG BASE IN THE AMOUNT OF $562,083.78. Attachments: 15-0646R Map 28. 15-0648R RESOLUTION AUTHORIZING ACCEPTANCE OF EASEMENTS FROM J & S PARTNERSHIP, LLP, J & S V, LLC, AND GLENN AND SALLY PRATT FOR J & S/ONEOTA REDEVELOPMENT PROJECT AT A COST OF $50,000, AND RESCINDING RESOLUTION 11-0034R. Attachments: Agreement Exhibit A 15-0648R Map 29. 15-0661R RESOLUTION ESTABLISHING A PROCEDURE FOR ISSUING CITY HELD OFF-SALE LIQUOR LICENSES. Sponsors: Julsrud Attachments: Exhibit A - 15-0661R 30. 15-0665R RESOLUTION ACCEPTING CONDITIONS OF CONSENT AND AUTHORIZATION OF THE MINNESOTA POLLUTION CONTROL AGENCY FOR RIDGEVIEW ROAD PROJECT. Attachments: Attachment to 15-0665R BY COUNCILOR FOSLE (PUBLIC SAFETY) City of Duluth Page 6 Printed on 9/28/2015 City Council Meeting Agenda - Final-revised September 28, 2015 31. 15-0659R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY IN THE AMOUNT OF $125,411 FOR UPGRADES TO THE SURVEILLANCE CAMERA SYSTEM AND PURCHASE OF AN EXPLOSIVE DETECTION CANINE AND FURTHER AUTHORIZING EXECUTION OF THE GRANT AGREEMENT. Attachments: Exhibit A BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 32. 15-0657R RESOLUTION GRANTING APPROVAL AND IMPLEMENTATION OF THE WEST DULUTH SPORTS CORRIDOR MINI-MASTER PLAN. Attachments: WDSCMMP FINAL.PDF END OF CONSENT AGENDA The following entitled resolutions are also to be considered: COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 33. 15-0632R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2016. Attachments: mta 15-0632r Julsrud 1 mta 15-0632r Julsrud 2 mta 15-0632r Filipovich/Sipress AMENDMENTS COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 34. 15-0666R RESOLUTION CALLING FOR A DOWNTOWN BIKE FACILITY ON MICHIGAN STREET OR FIRST STREET Attachments: mta 15-0666r Larson, Julsrud,Sipress AMENDMENT 35. 15-0667R RESOLUTION CALLING FOR A DOWNTOWN BIKE FACILITY ON MICHIGAN STREET FROM SIXTH AVENUE WEST TO FIRST AVENUE EAST, AND ON SUPERIOR STREET FROM FIRST AVENUE EAST TO FOURTH AVENUE EAST City of Duluth Page 7 Printed on 9/28/2015 City Council Meeting Agenda - Final-revised September 28, 2015 36. 15-0668R RESOLUTION CALLING FOR A DOWNTOWN BIKE FACILITY ON SUPERIOR STREET 37. 15-0683R RESOLUTION APPROVING THE ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 17; THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 29 THEREIN AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. Attachments: Exhibit A to Resolution 15-0683R Exhibit B to Resolution 15-0683R COMMITTEE 3 BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 38. 15-0692R RESOLUTION RECOGNIZING KATHY BERGEN FOR HER YEARS OF SERVICE WITH THE CITY OF DULUTH. Sponsors: Sipress INTRODUCTION AND CONSIDERATION OF ORDINANCES The following entitled ordinances are to be read for the first time: COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 39. 15-079-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM R-1 TO R-2 AND MU-N, PROPERTY AT 1243 88th AVENUE WEST (SDH&M, LLC) Attachments: Map Staff Report Comments received after staff report 40. 15-080-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM RR-1 TO MU-C, PROPERTY AT 4258 HAINES ROAD (HAINES ROAD, LLC) Attachments: Attachment 1 Attachment 2 City of Duluth Page 8 Printed on 9/28/2015 City Council Meeting Agenda - Final-revised September 28, 2015 41. 15-081-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR A PARKING LOT DRIVE AISLE IN THE RIGHT OF WAY OF ELIZABETH STREET (MARK LAMBERT) Attachments: Attachment 1 42. 15-082-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR A PARKING RAMP CANOPY IN THE RIGHT OF WAY OF THE 400 BLOCK OF EAST SECOND STREET (ESSENTIA HEALTH) Attachments: Attachment 1 43. 15-083-O AN ORDINANCE AMENDING SECTION 50-37.12 TEMPORARY OR SIDEWALK USE PERMIT, AND 50-37.13 ZONING PERMIT, RELATED TO SIDEWALK CAFES AND ENSURING ADEQUATE PEDESTRIAN ACCESS ON PUBLIC SIDEWALKS Attachments: Attachment 1 Attachment 2 44. 15-084-O AN ORDINANCE AMENDING SECTIONS 50-19.8 USE TABLE, 50-20.3 COMMERCIAL USES, 50-20.4 INDUSTRIAL USES, 50-20.5 ACCESSORY USES, 50-20.6 TEMPORARY USES, 50-26.4 FENCES AND WALLS, AND 50-41 DEFINTIONS, TO ALLOW FOR CRAFT MANUFACTURING AND URBAN AGRICULTURE LAND USES Attachments: Attachment A Ordinance Cover Letter Motion to Split Ordinance 15-084 Larson AMENDMENT 45. 15-085-O AN ORDINANCE AMENDING SECTIONS 50-19.8 USE TABLE, AND 50-20.3 COMMERCIAL USES, RELATED TO DRIVE-THROUGHS FOR BANKS, RESTAURANTS AND RETAIL STORES, AND PRIMARY USE PARKING LOTS, IN THE MU-N ZONE DISTRICT Attachments: Attachment 1 Attachment 2 The following entitled ordinance is to be read for the second time: COMMITTEE 2 BY COUNCILOR KRUG (INTERGOVERNMENTAL RELATIONS) City of Duluth Page 9 Printed on 9/28/2015 City Council Meeting Agenda - Final-revised September 28, 2015 46. 15-077-O AN ORDINANCE AUTHORIZING THE GRANTING OF AN EASEMENT TO THE STATE OF MINNESOTA OVER PROPERTY ADJACENT TO RIDGEVIEW ROAD. Attachments: Attachment to 15-077-O Exhibit A COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 10 Printed on 9/28/2015