City Council

City of Duluth 411 West First Street Duluth, Minnesota 55802 Meeting Agenda - Final Monday, October 26, 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 October 26, 2015 ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 15-078 July 20 and 27, 2015. Attachments: July 20, 2015, Minutes July 27, 2015, Minutes REPORTS FROM OTHER OFFICERS 2. 15-071 Clerk applications for exempt permits submitted to the Minnesota gambling control board from A Race Worth Winning-ALS on February 6, 2016, and Minnesota Bluegrass & Old-Time Music Association on April 16, 2016 (raffles). Attachments: A Race Worth Winning-ALS Application Minnesota Bluegrass & Old-Time Association Application REPORTS FROM THE ADMINISTRATION 3. 15-077 Chief administrative officer report on proposed transfer of control of the Charter Communications cable television franchise. Attachments: Report REPORTS OF BOARDS AND COMMISSIONS 4. 15-073 Duluth Seaway Port authority minutes of March 31, May 29, June 25, July 6 and August 20, 2015, meetings. Attachments: March 31, 2015 May 29, 2015 June 25, 2015 July 6, 2015 August 20, 2015 5. 15-075 Charter commission minutes of April 8 and July 8, 2015, meetings. Attachments: April 8, 2015 July 8, 2015 City of Duluth Page 2 Printed on 10/23/2015 City Council Meeting Agenda - Final October 26, 2015 6. 15-076 Duluth public utilities commission minutes of September 15, 2015, meeting. Attachments: Minutes REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES MOTIONS AND RESOLUTIONS CONSENT AGENDA COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 7. 15-0727R RESOLUTION AUTHORIZING ACCEPTANCE OF A CROSS COUNTRY SKI TRAIL ASSISTANCE PROGRAM GRANT AGREEMENT FOR YEAR 2015-2016 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT NOT TO EXCEED $11,000. Attachments: Exhibit A 8. 15-0741R RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 101 FOR YEARS 2015-2017. Attachments: Exhibit A - Fire 2015-2017 Final CBA (Clean version) BY COUNCILOR HANSON (PURCHASING & LICENSING) 9. 15-0734R RESOLUTION APPROVING THE ISSUANCE OF A 2016 MINNESOTA CURRENCY EXCHANGE LICENSE TO THE TITLE LOAN COMPANY, INC. Attachments: Notification Letter 10. 15-0735R RESOLUTION APPROVING THE EXEMPTION OF A BINGO LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR HOLY FAMILY CATHOLIC CHURCH. City of Duluth Page 3 Printed on 10/23/2015 City Council Meeting Agenda - Final October 26, 2015 11. 15-0742R RESOLUTION AMENDING RESOLUTION 15-0209, AUTHORIZING A LEASE CONTRACT FOR A 54 MONTH LEASE OF 20 MOTOR GRADERS, TO AMEND THE NAME OF THE LESSOR. Attachments: Exhibit A Exhibit B COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 12. 15-0738R RESOLUTION ADOPTING THE RIVERSIDE SMALL AREA PLAN. Attachments: Attachment 1 Attachment 2 Attachment 3 13. 15-0744R RESOLUTION AUTHORIZING THE BUILDING OFFICIAL TO ABATE CERTAIN NUISANCES BY REMOVAL OF STRUCTURALLY UNSOUND BUILDINGS IN THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $340,000. 14. 15-0748R RESOLUTION VACATING A PORTION OF PLATTED STREET RIGHT-OF-WAY OF WEST NINTH STREET, AT THE NORTHEAST CORNER OF THE INTERSECTION SEVENTH AVENUE WEST AND WEST NINTH STREET (LEE AND KYLE ERICKSON). Attachments: Attachment 1 Attachment 2 15. 15-0750R RESOLUTION AUTHORIZING TRANSFER OF $52,510.42 IN 2010, 2011 AND 2012 CDBG FUNDS AND AMENDMENTS TO THE 2014 CDBG PROGRAM UDAC BUILDING REFORMATION GRANT AGREEMENT; INCREASING THE FUNDING OF THE AGREEMENT. COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 16. 15-0737R RESOLUTION AUTHORIZING TEMPORARY CONSTRUCTION AND PERMANENT STREET EASEMENT AGREEMENTS WITH SPIRIT VALLEY LAND COMPANY, LLC AND DALE MAYNARD JOHNSON. Attachments: Attachment 1 Attachment 2 BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) City of Duluth Page 4 Printed on 10/23/2015 City Council Meeting Agenda - Final October 26, 2015 17. 15-0746R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH LHB, INC., FOR THE DEVELOPMENT OF ARCHITECTURAL AND ENGINEERING DESIGNS FOR THE CHAMBERS GROVE PARK FLOOD RECOVERY AND IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $94,920. Attachments: EXHIBIT A - LHB PROPOSAL.pdf EXHIBIT B - CHAMBERS GROVE AGREEMENT.pdf END OF CONSENT AGENDA INTRODUCTION AND CONSIDERATION OF ORDINANCES ORDINANCE TABLED COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 18. 15-086-O AN ORDINANCE AMENDING SECTIONS 50-20.3 COMMERCIAL USES, 50-20.5 ACCESSORY USES, AND 50-41 DEFINITIONS TO ALLOW FOR URBAN AGRICULTURE LAND USES. (TABLED 10/12) Tabled 8-1 (Fosle) The following entitled ordinances are to be read for the first time: COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 19. 15-088-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, MU-B AND I-G TO R-2, PROPERTY AT VINTAGE ACRES MANUFACTURED HOUSING COMMUNITY AND ABUTTING PARCEL 010-2730-00267 (CITY OF DULUTH). Attachments: Attachment 1 Attachment 2 City of Duluth Page 5 Printed on 10/23/2015 City Council Meeting Agenda - Final October 26, 2015 20. 15-089-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR A FENCE AND PRIVATE PARKING SPACES IN THE PLATTED STREET RIGHT-OF-WAY OF MYGATT AVENUE AND A FENCE IN THE PLATTED STREET RIGHT-OF-WAY OF SILCOX AVENUE (MONTESSORI SCHOOL OF DULUTH, INC.). Attachments: Attachment 1 Attachment 2 21. 15-090-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM R-1 TO MU-I, PROPERTY AT 1215 RICE LAKE ROAD (THE MARSHALL SCHOOL). Attachments: Attachment 1 Attachment 2 Attachment 3 22. 15-091-O AN ORDINANCE AMENDING SECTION 50-14.5 RESIDENTIAL-TRADITIONAL (R-1), AND 50-20.1 RESIDENTIAL USES, RELATED TO DESIGN STANDARDS FOR TOWNHOMES AND DUPLEXES. Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 (REPLACEMENT) The following entitled ordinance is to be read for the second time: COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 23. 15-087-O AN ORDINANCE GRANTING ST. LOUIS COUNTY TEMPORARY EASEMENTS OVER VACATED 20TH AVE. E AND HERITAGE PARK. Attachments: Exhibit A COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 6 Printed on 10/23/2015