City Council

411 West First Street City of Duluth Duluth, Minnesota 55802 Minutes - Final 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 provide increased opportunities for civil discourse leading to positive resolutions for the issues that face our city. We know that when we have civility, we get civic engagement, and because we can’t make each other civil and we can only work on ourselves, we state that today I will: pay attention, listen, be inclusive, not gossip, show respect, seek common ground, repair damaged relationships, use constructive language, and take responsibility. [Approved by the council on May 14, 2018] Monday, December 7, 2015 7:00 PM Council Chamber ROLL CALL ROLL CALL PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE PUBLIC HEARINGS - 7 PM - 2016 BUDGET AND LEVY. PROPOSED CAPITAL IMPROVEMENT PLAN AMENDMENT. PROPOSED ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS IN AN AMOUNT NOT TO EXCEED $1,400,000. PUBLIC HEARINGS - 7 PM - 2016 BUDGET AND LEVY. PROPOSED CAPITAL IMPROVEMENT PLAN AMENDMENT. PROPOSED ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS IN AN AMOUNT NOT TO EXCEED $1,400,000. Jerry Schlafer and Jim Halti expressed concerns about their property taxes. PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS City of Duluth Page 1 City Council Minutes - Final December 7, 2015 1. 15-095 COMMUNICATIONS REGARDING THE REPEAL OF THE LAKESIDE AND LESTER PARK LIQUOR BAN (15-0839R) Indexes: Attachments: KELLY AND MICHAEL BOEDIGHEIMER COMMUNICATION DAVE AND ANN KREAGER COMMUNICATION ROSEMARIE MITCHELL COMMUNICATION BEN & KATEY FORNEAR COMMUNICATION ROSEMARIE AND DENNIS MITCHELL COMMUNICATION This Petition/Other Communication was received. REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 2. 15-089 Library board minutes of October 27, 2015, meeting. Indexes: Attachments: Minutes Library Board 2015 10 27 This Board or Commission Report was received. 3. 15-090 Duluth economic development authority minutes of October 28, 2015, meeting. Indexes: Attachments: 10-28-15 Mtg Minutes This Board or Commission Report was received. 4. 15-091 Duluth public library board minutes of September 22, 2015, meeting. Indexes: Attachments: Minutes Library Board 2015 09 22 This Board or Commission Report was received. City of Duluth Page 2 City Council Minutes - Final December 7, 2015 5. 15-092 Duluth public utilities commission resolutions establishing stormwater rates (15PUC-008) and clean water surcharges (15PUC-009). Indexes: Attachments: 15PUC-008 stormwater rates approved 11172015 15PUC-009 clean water surcharge approved 11172015 This Board or Commission Report was received. 6. 15-093 Duluth airport authority minutes of October 20, 2015, meeting. Indexes: Attachments: 10- October 20 2015 This Board or Commission Report was received. 7. 15-094 Duluth public utilities commission minutes of October 20, 2015, meeting. Indexes: Attachments: 10202015 DPUC meeting minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD OPPORTUNITY FOR CITIZENS TO BE HEARD Jerry Schlafer comment about what he felt were the current raw deals from the president. MOTIONS AND RESOLUTIONS MOTIONS AND RESOLUTIONS City of Duluth Page 3 City Council Minutes - Final December 7, 2015 CONSENT AGENDA CONSENT AGENDA COMMITTEE 1 COMMITTEE 1 BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 8. 15-0816R RESOLUTION AUTHORIZING A 60 MONTH CONTRACT WITH WASTE MANAGEMENT FOR GARBAGE/REFUSE REMOVAL AND RECYCLING PICKUP AT AN ESTIMATED $9,600 PER MONTH FOR AN ESTIMATED $115,200 PER YEAR, AND A TOTAL ESTIMATED CONTRACT AMOUNT OF $576,000. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted. BY COUNCILOR GARDNER (PERSONNEL) BY COUNCILOR GARDNER (PERSONNEL) 9. 15-0805R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF DEPUTY FIRE MARSHAL. Indexes: Attachments: Deputy Fire Marshal strikeout.pdf Deputy Fire Marshal This Resolution was adopted. 10. 15-0806R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF LIBRARIAN II. Indexes: City of Duluth Page 4 City Council Minutes - Final December 7, 2015 Attachments: Librarian II strikeout.pdf Librarian II Final Draft.pdf This Resolution was adopted. 11. 15-0819R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF STREET MAINTENANCE SUPERVISOR. Indexes: Attachments: Street Maintenance Supervisor strikeout Street Maintenance Supervisor.pdf This Resolution was adopted. 12. 15-0835R RESOLUTION ELECTING MEMBER TO THE BOARD OF MANAGERS OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO MINNESOTA STATUTES, SECTION 442A.14, SUBDIVISION 7. This Resolution was adopted. COMMITTEE 2 COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 13. 15-0836R RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH THE STATE OF MINNESOTA FOR PROFESSIONAL STAFFING SERVICES PROVIDING ASSISTANCE TO JOB SEEKERS AND EMPLOYERS AS PART OF THE MINNESOTA ADVANCED MANUFACTURING PARTNERSHIP LEARN, WORK, EARN PROJECT. Indexes: Attachments: Attachment - 15-0836R This Resolution was adopted. City of Duluth Page 5 City Council Minutes - Final December 7, 2015 BY COUNCILOR KRUG (INTERGOVERNMENTAL RELATIONS) BY COUNCILOR KRUG (INTERGOVERNMENTAL RELATIONS) 14. 15-0828R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FAIR HOUSING ENFORCEMENT AND ACCEPTING $24,000 IN COOPERATIVE AGREEMENT FUNDING. Indexes: Attachments: FY2015 FHAP Funding Guidance.pdf This Resolution was adopted. BY PRESIDENT LARSON (COMMITTEE OF THE WHOLE) BY PRESIDENT LARSON (COMMITTEE OF THE WHOLE) 15. 15-0838R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH-SUPERIOR PUBLIC ACCESS COMMUNITY TELEVISION, INC., FOR COMMUNITY ACCESS CABLECASTING, TRAINING, PRODUCTION AND ADMINISTRATION SERVICES IN 2016 IN THE NET AMOUNT OF $182,000. Indexes: Attachments: Attachment - 15-0838R This Resolution was adopted. COMMITTEE 3 COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 16. 15-0809R RESOLUTION EXTENDING THE CONTRACT WITH THE STATE OF MINNESOTA BOARD OF WATER AND SOIL RESOURCES (BWSR) FOR ONE YEAR FOR FLOOD DISASTER RECOVERY FUNDING FOR STREAM RESTORATION . City of Duluth Page 6 City Council Minutes - Final December 7, 2015 This Resolution was adopted. 17. 15-0815R RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO MNDOT AGREEMENT NO. 03376 TO INCREASE THE AMOUNT OF LOCAL ROAD AND BRIDGE DISASTER RELIEF BY $112,541.33 FOR A NEW TOTAL OF $424,775.73. Indexes: Attachments: 15-0815R Amendment This Resolution was adopted. 18. 15-0837R RESOLUTION AUTHORIZING THE 2012 ROAD AND BRIDGE DISASTER RELIEF BOND GRANT 1002126 AND ACCEPTING A GRANT FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR THE MILL AND OVERLAY OF 52ND AVENUE EAST FROM SUPERIOR STREET TO OAKLEY STREET IN THE AMOUNT OF $221,502.53. Indexes: Attachments: 15-0837R Map 15-0837R Agreement This Resolution was adopted. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 19. 15-0777R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE IN THE AMOUNT OF $37,210 AND FURTHER AUTHORIZING EXECUTION OF GRANT AGREEMENT WITH ST. LOUIS COUNTY. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted. BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) City of Duluth Page 7 City Council Minutes - Final December 7, 2015 BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 20. 15-0802R RESOLUTION AUTHORIZING A CONTRACT WITH HAMMEL, GREEN, AND ABRAHAMSON, INC. FOR PROFESSIONAL DESIGN SERVICES FOR THE LAKE SUPERIOR ZOO AND FAIRMOUNT PARK REDESIGN IN AN AMOUNT NOT TO EXCEED $128,400. Indexes: Attachments: Exhibit A Exhibit B Exhibit C Exhibit D This Resolution was adopted. 21. 15-0803R RESOLUTION ACCEPTING THE CONVEYANCE OF REAL PROPERTY FROM THE STATE OF MINNESOTA FOR PUBLIC PARK, BOULEVARD AND MUNICIPAL FOREST PURPOSES. Indexes: Attachments: Elys Peak Exhibit A Elys Peak Exhibit B This Resolution was adopted. 22. 15-0825R RESOLUTION AUTHORIZING TWO PERMITS FROM MINNESOTA POWER FOR THE CONSTRUCTION, MAINTENANCE, AND USE OF A PUBLIC SNOWMOBILE TRAIL. Indexes: Attachments: Exhibit A Exhibit B Exhibit C This Resolution was adopted. END OF CONSENT AGENDA END OF CONSENT AGENDA The following entitled resolutions are also to be considered: City of Duluth Page 8 City Council Minutes - Final December 7, 2015 The following entitled resolutions are also to be considered: COMMITTEE 1 COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 23. 15-0811R RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND STATING INTENT TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS UNDER MINNESOTA STATUTES, SECTION 475.521. This Resolution was tabled. 24. 15-0812R RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, STATING THE INTENT TO ISSUE GENERAL OBLIGATION CAPITAL EQUIPMENT NOTES, SERIES 2016, AND APPROVING THE CAPITAL EQUIPMENT LIST ASSOCIATED WITH THE NOTES IN THE APPROXIMATE AMOUNT OF $4,900,000. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion was carried by the following vote: Yea: 7- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ and Sipress Nay: 1- Fosle Absent: 1- Larson 25. 15-0813R RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, TO REINSTATE A LOCAL BOARD OF APPEAL AND EQUALIZATION PURSUANT TO MINNESOTA STATUTE 274.014, SUBD. 3, PARAGRAPH C. A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 7- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ and Sipress City of Duluth Page 9 City Council Minutes - Final December 7, 2015 Nay: 1- Fosle Absent: 1- Larson 26. 15-0830R RESOLUTION ESTABLISHING ANNUAL BONDING PLAN FOR 2016. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 7- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ and Sipress Nay: 1- Fosle Absent: 1- Larson 27. 15-0831R RESOLUTION ADOPTING LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR 2016. Indexes: Attachments: Exhibit A Memo This Resolution was tabled. 28. 15-0833R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2016 TO DECEMBER 31, 2016, OPERATION BUDGET OF THE DULUTH AIRPORT AUTHORITY. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 7- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ and Sipress Nay: 1- Fosle Absent: 1- Larson 29. 15-0834R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2016 TO DECEMBER 31, 2016, OPERATION BUDGET OF THE DULUTH TRANSIT AUTHORITY. City of Duluth Page 10 City Council Minutes - Final December 7, 2015 Indexes: Attachments: Exhibit A This Resolution was tabled. BY COUNCILOR GARDNER (PERSONNEL) BY COUNCILOR GARDNER (PERSONNEL) 30. 15-0832R RESOLUTION ADOPTING CITY CHARTER COMMISSION’S RECOMMENDATION FOR APPROPRIATE FEE PAID TO CITY COUNCIL MEMBERS FOR SERVICE ON THE CITY COUNCIL AND SETTING SAID FEE. This Resolution was tabled. 31. 15-0843R RESOLUTION AUTHORIZING PAY AND BENEFIT PLAN FOR THE MAYOR-APPOINTED COMMUNICATIONS AND POLICY OFFICER AND COMMUNITY RELATIONS OFFICER POSITIONS PURSUANT TO CHAPTER IV, SECTION 18, OF THE DULUTH HOME RULE CHARTER. A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 7- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ and Sipress Nay: 1- Fosle Absent: 1- Larson 32. 15-0851R RESOLUTION APPOINTING THE MAYORAL SALARY REVIEW COMMITTEE. A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 7- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ and Sipress Nay: 1- Fosle City of Duluth Page 11 City Council Minutes - Final December 7, 2015 Absent: 1- Larson BY COUNCILOR KRUG (INTERGOVERNMENTAL RELATIONS) BY COUNCILOR KRUG (INTERGOVERNMENTAL RELATIONS) 33. 15-0839R RESOLUTION RECOMMENDING THAT THE CITY ADMINISTRATION INCLUDE THE REPEAL OF THE LAKESIDE AND LESTER PARK LIQUOR BAN IN THE CITY’S LEGISLATIVE AGENDA. Indexes: Attachments: Exhibit A Motion was made, seconded and unanimously carried to suspend the rules to hear speakers on the resolution. Nathan Windschill and Tim Allen spoke in opposition of the resolution. A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 7- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ and Sipress Nay: 1- Fosle Absent: 1- Larson INTRODUCTION AND CONSIDERATION OF ORDINANCES INTRODUCTION AND CONSIDERATION OF ORDINANCES The following entitled ordinances are to be read for the first time: The following entitled ordinances are to be read for the first time: COMMITTEE 1 COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 34. 15-096-O AN ORDINANCE DETERMING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2016. City of Duluth Page 12 City Council Minutes - Final December 7, 2015 This Ordinance was read for the first time. 35. 15-099-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2016. This Ordinance was read for the first time. 36. 15-100-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2016. This Ordinance was read for the first time. 37. 15-101-O AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2016 APPROPRIATING MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. This Ordinance was read for the first time. COMMITTEE 2 COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 38. 15-095-O AN ORDINANCE CONFIRMING THE LEGAL DESCRIPTION FOR THE AREA SURROUNDING LOWER CONGDON PARK. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 39. 15-097-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY City of Duluth Page 13 City Council Minutes - Final December 7, 2015 OF DULUTH AS REFERENCED IN CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, TO PROVIDE FOR THE RECLASSIFICATION FROM R-1, RR-1, R-2 AND F-6 TO P-1, FOR ARLINGTON ATHLETIC COMPLEX, CASCADE PARK, DULUTH HEIGHTS COMMUNITY RECREATION CENTER, HILL TOP PARK, JOLLYSTONE PARK, LILLIPUT PARK, AND STRICKLAND PARK Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 40. 15-098-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM RR-1 TO RI, PROPERTY AT THE WEST END OF DEVONSHIRE STREET PARCEL ID# 010-2700-00050 (ST. LOUIS COUNTY TAX FORFEIT PROPERTY). Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. The following entitled ordinance is to be read for the second time: The following entitled ordinance is to be read for the second time: COMMITTEE 2 COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 41. 15-0885R AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM R-1 TO MU-B, PROPERTY AT 3125 WEST ARROWHEAD ROAD (MINNESOTA POWER). Indexes: City of Duluth Page 14 City Council Minutes - Final December 7, 2015 Attachments: Attachment A Attachment B A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 8- Filipovich, Fosle, Gardner, Hanson, Julsrud, Krug, Russ and Sipress Absent: 1- Larson COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 15