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City Council

Regular Meeting

Duluth, MN · December 14, 2015

AgendaMinutes

Minutes

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 14, 2015 7:00 PM Council Chamber ROLL CALL ROLL CALL PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE PUBLIC HEARING - 7PM - LIQUOR LICENSE FEES 7PM - PROPERTY TAX ABATEMENT REGARDING CIRRUS DESIGN CORPORATION PROJECT. 7PM - CIRRUS DESIGN CORPORATION PROJECT - BUSINESS SUBSIDY PUBLIC HEARING - 7PM - LIQUOR LICENSE FEES 7PM - PROPERTY TAX ABATEMENT REGARDING CIRRUS DESIGN CORPORATION PROJECT. 7PM - CIRRUS DESIGN CORPORATION PROJECT - BUSINESS SUBSIDY Mike Ronning, Round Up Bar and Grill, spoke of his concerns over the same level of fees for all establishments regardless of how small ones operation is and that fees should be based on sales or seating capacity to level the playing field. PROPERTY TAX ABATEMENT REGARDING CIRRUS DESIGN CORPORATION PROJECT City of Duluth Page 1 City Council Minutes - Final December 14, 2015 Linda Ross - Sellner spoke of her concerns for this and claimed that there are errors in some of the information presented. CIRRUS DESIGN CORPORATION PROJECT - BUSINESS STUDY Brian Hanson and David Ross, Executive Director Duluth Area Chamber of Commerce, spoke in support of Cirrus Design. REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION Deputy Police Chief Mike Tusken accepted from the Security Industry Alarm Coalition representative an award for the Duluth Police Departments false alarm program. REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS 1. 15-096 Clerk application for exempt permit submitted to the Minnesota gambling control board from Duck's Unlimited for raffle on February 26, 2015. Indexes: Attachments: DUCK'S UNLIMITED APPLICATION This Other Officers Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES REPORTS OF COUNCIL OPEN ISSUES City Council President Larson presented the Duluth City Council December 2015 Duluth Distinguished Artists award to Penny Perry. Mr. Perry thanked the council for this honor. Councilor Filipovich announced that he wished to be considered for 2016 City Council President Councilor Sipress announced that he wished to be considered for 2016 City Council Vice President. OPPORTUNITY FOR CITIZENS TO BE HEARD City of Duluth Page 2 City Council Minutes - Final December 14, 2015 OPPORTUNITY FOR CITIZENS TO BE HEARD Jude Gossens, Vice President of the Duluth Delegation of Youth in Government, described what their organization is involved in. RESOLUTIONS TABLED RESOLUTIONS TABLED COMMITTEE 1 COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 2. 15-0811R RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND STATING INTENT TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS UNDER MINNESOTA STATUTES, SECTION 475.521. A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson Nay: 1- Fosle 3. 15-0831R RESOLUTION ADOPTING LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR 2016. Indexes: Attachments: Exhibit A Memo A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 7- Filipovich, Gardner, Hanson, Julsrud, Russ, Sipress and Larson Nay: 2- Fosle and Krug 4. 15-0834R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2016 TO DECEMBER 31, 2016, OPERATION BUDGET OF THE DULUTH City of Duluth Page 3 City Council Minutes - Final December 14, 2015 TRANSIT 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, Julsrud, Krug, Russ, Sipress and Larson Nay: 1- Fosle Abstain: 1- Hanson BY COUNCILOR GARDNER (PERSONNEL) BY COUNCILOR GARDNER (PERSONNEL) 5. 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. A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 7- Filipovich, Gardner, Julsrud, Krug, Russ, Sipress and Larson Nay: 2- Fosle and Hanson MOTIONS AND RESOLUTIONS MOTIONS AND RESOLUTIONS CONSENT AGENDA CONSENT AGENDA COMMITTEE 1 COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) City of Duluth Page 4 City Council Minutes - Final December 14, 2015 6. 15-0842R RESOLUTION APPROVING DULUTH STEAM DISTRICT NO. 1 THERMAL ENERGY HOT WATER RATE FOR EASTERN CANAL PARK. This Resolution was adopted 7. 15-0849R RESOLUTION RELATING TO A TAX ABATEMENT; GRANTING THE ABATEMENT FOR THE CIRRUS DESIGN CORPORATION PROJECT. Indexes: Attachments: Exhibit A This Resolution was adopted BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 8. 15-0840R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR THE MINNESOTA BALLET. This Resolution was adopted 9. 15-0863R RESOLUTION AWARDING A CONTRACT TO DE LAGE LANDEN PUBLIC FINANCE LLC FOR THE FOUR-YEAR SEASONAL LEASE OF GOLF CARS AND MAINTENANCE/UTILITY VEHICLES AT AN ANNUAL TOTAL OF $86,111.40 FOR 2016, 2017, 2018, AND 2019, AND A POTENTIAL TOTAL CONTRACT AMOUNT OF $344,445.60. Indexes: Attachments: Exhibit A This Resolution was adopted 10. 15-0864R RESOLUTION AUTHORIZING A SOLE SOURCE PURCHASE OF WATER METER PARTS FROM BADGER METER, INC., IN THE AMOUNT OF $91,402.86. City of Duluth Page 5 City Council Minutes - Final December 14, 2015 This Resolution was adopted 11. 15-0875R RESOLUTION AUTHORIZING THE PURCHASE OF TIRE REPAIR PARTS AND LABOR FROM DULUTH TIRE & OIL, INC., FOR A TOTAL AMOUNT OF $140,000. This Resolution was adopted 12. 15-0876R RESOLUTION APPROVING AGREEMENT WITH THE LAW FIRM OF LOCKRIDGE GRINDAL NAUEN P.L.L.P. FOR LEGAL SERVICES REPRESENTING THE CITY IN REGARD TO CLASS ACTION LITIGATION INVOLVING THE SALE AND PURCHASE OF LIQUID ALUMINUM SULFATE. Indexes: Attachments: Exhibit A - 15-0876R This Resolution was adopted 13. 15-0883R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT 22549 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. AND A NEW CONTRACT TOTAL NOT TO EXCEED $685,000. Indexes: Attachments: EXHIBIT A This Resolution was adopted BY COUNCILOR GARDNER (PERSONNEL) BY COUNCILOR GARDNER (PERSONNEL) 14. 15-0844R RESOLUTION APPROVING SETTLEMENT IN THE MATTER OF GREEN, ET AL. v. RAMSAY, ET AL., AND ACCEPTING VOLUNTARY SURRENDER OF THE ON-SALE INTOXICATING LIQUOR LICENSE PREVIOUSLY HELD BY WESSMAN ESTATE, LLC Indexes: Attachments: Exhibit A (15-0844R) City of Duluth Page 6 City Council Minutes - Final December 14, 2015 This Resolution was adopted COMMITTEE 2 COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 15. 15-0846R RESOLUTION OF APPLICATION AND ACCEPTANCE FOR THE 2016 WORKFORCE HOUSING GRANT FROM THE MINNESOTA DEPARTMENT OF EMPLOYEMENT AND ECONOMIC DEVELOPMENT. Indexes: Attachments: Attachment 1 This Resolution was adopted 16. 15-0852R RESOLUTION ACCEPTING THE PRELIMINARY DESIGN FOR SUPERIOR STREET. Motion was seconded and unanimously carried to hear speakers on the resolution. Ruurd Schoolderman and Shawna Mullen Eardley expressed their safety concerns associated with angled parking and the need for bike lanes. A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Filipovich, Fosle, Gardner, Hanson, Julsrud, Russ, Sipress and Larson Nay: 1- Krug 17. 15-0853R RESOLUTION VACATING PLATTED RIGHT OF WAY FOR UNIMPROVED ALLEY BETWEEN 40TH AND 41ST AVENUE EAST, AND JAY AND DODGE STREET. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted City of Duluth Page 7 City Council Minutes - Final December 14, 2015 18. 15-0856R RESOLUTION AUTHORIZING AN APPLICATION TO THE STATE OF MINNESOTA FOR A MINNESOTA INVESTMENT FUND GRANT IN THE AMOUNT OF $4,000,000. This Resolution was adopted COMMITTEE 3 COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 19. 15-0814R RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH TKDA FOR PROFESSIONAL SERVICES INCREASING THE AMOUNT PAYABLE THEREUNDER, AWARDING A CONTRACT TO HIBBING EXCAVATING, INC., AND ACCEPTING REIMBURSEMENT OF SAID CONTRACTS FROM DEDA SUBJECT TO DEDA AUTHORIZATION OF SUCH REIMBURSEMENT, ALL RELATED TO THE 59TH AVENUE WEST STREET AND UTILITY IMPROVEMENT PROJECT. Indexes: Attachments: 15-0814R Map 15-0814R Agreement Amendment 15-0814R Original Signed Contract 15-0814R TKDA Proposal This Resolution was adopted 20. 15-0823R RESOLUTION ORDERING THE CLOSURE OF COMMONWEALTH AVENUE FROM IDAHO STREET TO GRAND AVENUE. Indexes: Attachments: 15-0823R Maps This Resolution was adopted 21. 15-0847R RESOLUTION AMENDING A CONTRACT WITH LHB, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR CONGDON City of Duluth Page 8 City Council Minutes - Final December 14, 2015 BOULEVARD SLOPE REPAIR, TO INCREASE THE AMOUNT BY $9,580 FOR A NEW TOTAL OF $117,140. Indexes: Attachments: 15-0847R Map 15-0847R Change Order This Resolution was adopted 22. 15-0855R RESOLUTION AMENDING A CONTRACT WITH LHB, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR LOWELL TO LAKEWALK TRAIL PHASE 1 TO INCREASE THE AMOUNT BY $33,410 FOR A NEW TOTAL OF $155,677. Indexes: Attachments: 15-0855R Change Order This Resolution was adopted 23. 15-0857R RESOLUTION AMENDING A CONTRACT WITH A PLUS LANDSCAPING, LLC FOR WATER AND GAS MAIN REPLACEMENTS WITH NEW POLYETHYLENE PIPE AT 26TH AVENUE WEST FROM COURTLAND STREET TO HELM STREET IN THE AMOUNT OF $62,933.99 FOR A NEW TOTAL OF $238,568.99. Indexes: Attachments: 15-0857R Map This Resolution was adopted BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 24. 15-0845R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A DONATION FROM THE NORTHLAND LAW ENFORCEMENT K-9 FOUNDATION IN THE AMOUNT OF $5,000. This Resolution was adopted 25. 15-0854R RESOLUTION ADOPTING THE 2012 EDITION OF THE INTERNATIONAL City of Duluth Page 9 City Council Minutes - Final December 14, 2015 PROPERTY MAINTENANCE CODE AS THE HOUSING AND PROPERTY MAINTENANCE CODE OF THE CITY OF DULUTH. This Resolution was adopted 26. 15-0865R RESOLUTION CREATING A VACANT BUILDING REGISTRATION FUND WITHIN THE CITY’S SPECIAL PROJECTS SPECIAL REVENUE FUND AND COMMITTING CERTAIN RESOURCES FOR COST ASSOCIATED WITH THE REMOVAL OF BLIGHT FROM ABANDONED AND/OR DILAPIDATED PROPERTIES, AND THE ABATEMENT OF NUISANCE BUILDINGS. This Resolution was adopted BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 27. 15-0841R RESOLUTION AUTHORIZING THREE YEAR LEASE AGREEMENT WITH THE DULUTH AMATEUR YOUTH BASKETBALL ASSOCIATION FOR USE OF SPACE IN THE WASHINGTON RECREATION CENTER. Indexes: Attachments: Lease Agreement 11-2015 This Resolution was adopted 28. 15-0862R RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DULUTH AND THE ARROWHEAD ZOOLOGICAL SOCIETY, INC. Indexes: Attachments: Exhibit A--Second Amendment to Agreement This Resolution was adopted END OF CONSENT AGENDA END OF CONSENT AGENDA City of Duluth Page 10 City Council Minutes - Final December 14, 2015 The following entitled resolutions are also to be considered: The following entitled resolutions are also to be considered: COMMITTEE 1 COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 29. 15-0848R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2016 TO DECEMBER 31, 2016 BUDGETS OF THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson Nay: 1- Fosle 30. 15-0867R RESOLUTION APPROPRIATING $200,000 TO THE GREAT LAKES AQUARIUM TOWARDS THE CONSTRUCTION OF A NEW EXHIBIT - THE AMAZING WORLD OF THE UNSALTED SEAS. Indexes: Attachments: Exhibit A Funding Request A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson Nay: 1- Fosle BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) City of Duluth Page 11 City Council Minutes - Final December 14, 2015 31. 15-0866R RESOLUTION AWARDING A CONTRACT TO COLLECTIVE DATA INC FOR THE PURCHASE AND IMPLEMENTATION OF A FLEET INFORMATION MANAGEMENT SOFTWARE SYSTEM, INCLUDING ONE YEAR OF FREE PREMIUM SOFTWARE MAINTENANCE AND SUPPORT SERVICES, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $65,450.00. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson Nay: 1- Fosle 32. 15-0877R RESOLUTION AWARDING A CONTRACT TO CITIES DIGITAL INC. FOR THE PURCHASE AND IMPLEMENTATION OF AN ENTERPRISE LEVEL LASERFICHE DOCUMENT MANAGEMENT SYSTEM, INCLUDING FIVE YEARS OF SOFTWARE MAINTENANCE AND SUPPORT SERVICES, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $356,760.00. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson Nay: 1- Fosle COMMITTEE 2 COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 33. 15-0858R RESOLUTION APPROVING THE 2016 ANNUAL ACTION PLAN AND AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME PROGRAM AND EMERGENCY SOLUTIONS GRANT PROGRAM (ESGP) PROGRAM FUNDS. City of Duluth Page 12 City Council Minutes - Final December 14, 2015 A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 7- Filipovich, Fosle, Gardner, Hanson, Krug, Russ and Sipress Abstain: 2- Julsrud and Larson 34. 15-0859R RESOLUTION AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 2016 PROGRAM YEAR AND AUTH-ORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 Attachement 4 Amendment to 15-0859 Councilor Sipress moved to amend the resolution, which motion was seconded and carried upon the following vote: Yeas: 6 - Councilors Filipovich, Gardner, Hanson, Krug, Russ and Sipress Nays: 1 - Councilor Fosle Abstentions: 2 - Councilor Julsrud and President Larson A motion was made that this Resolution be adopted as amended The motion carried by the following vote: Yea: 7- Filipovich, Fosle, Gardner, Hanson, Krug, Russ and Sipress Abstain: 2- Julsrud and Larson 35. 15-0861R RESOLUTION AUTHORIZING A REQUEST FOR HUD HOME FUNDS FOR THE 2016 PROGRAM YEAR AND AUTHORIZING CONTRACTS. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 9- Filipovich, Fosle, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson City of Duluth Page 13 City Council Minutes - Final December 14, 2015 36. 15-0874R RESOLUTION AUTHORIZING A DEVELOPMENT AGREEMENT WITH CIRRUS DESIGN CORPORATION RELATED TO THE CIRRUS COMPLETION CENTER EXPANSION. Indexes: Attachments: Motion to Amend 15-0874R JS 141201505-development agreement A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 9- Filipovich, Fosle, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson COMMITTEE 3 COMMITTEE 3 37. 15-0860R RESOLUTION AUTHORIZING A REQUEST FOR HUD EMERGENCY SOLUTIONS GRANT PROGRAM (ESGP) FUNDS FOR THE 2016 PROGRAM YEAR AND AUTHORIZING CONTRACTS. Indexes: Attachments: Attachment 1 A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 9- Filipovich, Fosle, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 38. 15-0850R RESOLUTION AUTHORIZING A ONE-YEAR EXTENSION TO CONTRACT 21844 WITH OUT THERE ADVERTISING INC., IN THE AMOUNT OF $51,600, AND A NEW CONTRACT TOTAL NOT TO EXCEED $340,000. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 9- Filipovich, Fosle, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) City of Duluth Page 14 City Council Minutes - Final December 14, 2015 BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 39. 15-0817R RESOLUTION AUTHORIZING APPLICATION TO, AND ACCEPTANCE OF IF OFFERED, THE MINNESOTA DEPARTMENT OF TRANSPORTATION - TRANSPORTATION ALTERNATIVES PROGRAM TO PROVIDE A MULTI-USE PATH THROUGH BRIGHTON BEACH PARK. Indexes: Attachments: EXHIBIT A - 15-0817R.pdf EXHIBIT B - 15-0817R.pdf A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson Nay: 1- Fosle INTRODUCTION AND CONSIDERATION OF ORDINANCES INTRODUCTION AND CONSIDERATION OF ORDINANCES The following entitled ordinances are to be read for the second time: The following entitled ordinances are to be read for the second time: COMMITTEE 1 COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 40. 15-096-O AN ORDINANCE DETERMING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2016. A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 8- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson Nay: 1- Fosle City of Duluth Page 15 City Council Minutes - Final December 14, 2015 41. 15-099-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2016. A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 7- Filipovich, Gardner, Hanson, Julsrud, Russ, Sipress and Larson Nay: 2- Fosle and Krug 42. 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. A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 7- Filipovich, Gardner, Julsrud, Krug, Russ, Sipress and Larson Nay: 1- Fosle Abstain: 1- Hanson 43. 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. A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 8- Filipovich, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson Nay: 1- Fosle COMMITTEE 2 COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) City of Duluth Page 16 City Council Minutes - Final December 14, 2015 44. 15-095-O AN ORDINANCE CONFIRMING THE LEGAL DESCRIPTION FOR THE AREA SURROUNDING LOWER CONGDON PARK. Indexes: Attachments: Attachment 1 Attachment 2 A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 9- Filipovich, Fosle, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson 45. 15-097-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, 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 A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 9- Filipovich, Fosle, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson 46. 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 A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 9- Filipovich, Fosle, Gardner, Hanson, Julsrud, Krug, Russ, Sipress and Larson COUNCILOR QUESTIONS AND COMMENTS City of Duluth Page 17 City Council Minutes - Final December 14, 2015 COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS Meeting adjourned at 9:39 p.m. City of Duluth Page 18

Agenda

411 West First Street City of Duluth Duluth, Minnesota 55802 Meeting Agenda - Final-revised 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] Monday, December 14, 2015 7:00 PM Council Chamber ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARING - 7PM - LIQUOR LICENSE FEES 7PM - PROPERTY TAX ABATEMENT REGARDING CIRRUS DESIGN CORPORATION PROJECT. 7PM - CIRRUS DESIGN CORPORATION PROJECT - BUSINESS SUBSIDY REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS 1. 15-096 Clerk application for exempt permit submitted to the Minnesota gambling control board from Duck's Unlimited for raffle on February 26, 2015. Attachments: DUCK'S UNLIMITED APPLICATION REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD City of Duluth Page 1 Printed on 12/14/2015 City Council Meeting Agenda - Final-revised December 14, 2015 RESOLUTIONS TABLED COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 2. 15-0811R RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND STATING INTENT TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS UNDER MINNESOTA STATUTES, SECTION 475.521. Legislative History 12/7/15 City Council tabled 3. 15-0831R RESOLUTION ADOPTING LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR 2016. Attachments: Exhibit A Memo Legislative History 12/7/15 City Council tabled 4. 15-0834R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2016 TO DECEMBER 31, 2016, OPERATION BUDGET OF THE DULUTH TRANSIT AUTHORITY. Attachments: Exhibit A Legislative History 12/7/15 City Council tabled BY COUNCILOR GARDNER (PERSONNEL) 5. 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. Sponsors: Gardner Legislative History 12/7/15 City Council tabled MOTIONS AND RESOLUTIONS CONSENT AGENDA City of Duluth Page 2 Printed on 12/14/2015 City Council Meeting Agenda - Final-revised December 14, 2015 COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 6. 15-0842R RESOLUTION APPROVING DULUTH STEAM DISTRICT NO. 1 THERMAL ENERGY HOT WATER RATE FOR EASTERN CANAL PARK. 7. 15-0849R RESOLUTION RELATING TO A TAX ABATEMENT; GRANTING THE ABATEMENT FOR THE CIRRUS DESIGN CORPORATION PROJECT. BY COUNCILOR HANSON (PURCHASING & LICENSING) 8. 15-0840R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR THE MINNESOTA BALLET. 9. 15-0863R RESOLUTION AWARDING A CONTRACT TO DE LAGE LANDEN PUBLIC FINANCE LLC FOR THE FOUR-YEAR SEASONAL LEASE OF GOLF CARS AND MAINTENANCE/UTILITY VEHICLES AT AN ANNUAL TOTAL OF $86,111.40 FOR 2016, 2017, 2018, AND 2019, AND A POTENTIAL TOTAL CONTRACT AMOUNT OF $344,445.60. Attachments: Exhibit A 10. 15-0864R RESOLUTION AUTHORIZING A SOLE SOURCE PURCHASE OF WATER METER PARTS FROM BADGER METER, INC., IN THE AMOUNT OF $91,402.86. 11. 15-0875R RESOLUTION AUTHORIZING THE PURCHASE OF TIRE REPAIR PARTS AND LABOR FROM DULUTH TIRE & OIL, INC., FOR A TOTAL AMOUNT OF $140,000. 12. 15-0876R RESOLUTION APPROVING AGREEMENT WITH THE LAW FIRM OF LOCKRIDGE GRINDAL NAUEN P.L.L.P. FOR LEGAL SERVICES REPRESENTING THE CITY IN REGARD TO CLASS ACTION LITIGATION INVOLVING THE SALE AND PURCHASE OF LIQUID ALUMINUM SULFATE. Attachments: Exhibit A - 15-0876R 13. 15-0883R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT 22549 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. AND A NEW CONTRACT TOTAL NOT TO EXCEED $685,000. Attachments: EXHIBIT A BY COUNCILOR GARDNER (PERSONNEL) City of Duluth Page 3 Printed on 12/14/2015 City Council Meeting Agenda - Final-revised December 14, 2015 14. 15-0844R RESOLUTION APPROVING SETTLEMENT IN THE MATTER OF GREEN, ET AL. v. RAMSAY, ET AL., AND ACCEPTING VOLUNTARY SURRENDER OF THE ON-SALE INTOXICATING LIQUOR LICENSE PREVIOUSLY HELD BY WESSMAN ESTATE, LLC Attachments: Exhibit A (15-0844R) COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 15. 15-0846R RESOLUTION OF APPLICATION AND ACCEPTANCE FOR THE 2016 WORKFORCE HOUSING GRANT FROM THE MINNESOTA DEPARTMENT OF EMPLOYEMENT AND ECONOMIC DEVELOPMENT. Attachments: Attachment 1 16. 15-0852R RESOLUTION ACCEPTING THE PRELIMINARY DESIGN FOR SUPERIOR STREET. 17. 15-0853R RESOLUTION VACATING PLATTED RIGHT OF WAY FOR UNIMPROVED ALLEY BETWEEN 40TH AND 41ST AVENUE EAST, AND JAY AND DODGE STREET. Attachments: Attachment 1 Attachment 2 18. 15-0856R RESOLUTION AUTHORIZING AN APPLICATION TO THE STATE OF MINNESOTA FOR A MINNESOTA INVESTMENT FUND GRANT IN THE AMOUNT OF $4,000,000. COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) City of Duluth Page 4 Printed on 12/14/2015 City Council Meeting Agenda - Final-revised December 14, 2015 19. 15-0814R RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH TKDA FOR PROFESSIONAL SERVICES INCREASING THE AMOUNT PAYABLE THEREUNDER, AWARDING A CONTRACT TO HIBBING EXCAVATING, INC., AND ACCEPTING REIMBURSEMENT OF SAID CONTRACTS FROM DEDA SUBJECT TO DEDA AUTHORIZATION OF SUCH REIMBURSEMENT, ALL RELATED TO THE 59TH AVENUE WEST STREET AND UTILITY IMPROVEMENT PROJECT. Attachments: 15-0814R Map 15-0814R Agreement Amendment 15-0814R Original Signed Contract 15-0814R TKDA Proposal 20. 15-0823R RESOLUTION ORDERING THE CLOSURE OF COMMONWEALTH AVENUE FROM IDAHO STREET TO GRAND AVENUE. Attachments: 15-0823R Maps 21. 15-0847R RESOLUTION AMENDING A CONTRACT WITH LHB, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR CONGDON BOULEVARD SLOPE REPAIR, TO INCREASE THE AMOUNT BY $9,580 FOR A NEW TOTAL OF $117,140. Attachments: 15-0847R Map 15-0847R Change Order 22. 15-0855R RESOLUTION AMENDING A CONTRACT WITH LHB, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR LOWELL TO LAKEWALK TRAIL PHASE 1 TO INCREASE THE AMOUNT BY $33,410 FOR A NEW TOTAL OF $155,677. Attachments: 15-0855R Change Order 23. 15-0857R RESOLUTION AMENDING A CONTRACT WITH A PLUS LANDSCAPING, LLC FOR WATER AND GAS MAIN REPLACEMENTS WITH NEW POLYETHYLENE PIPE AT 26TH AVENUE WEST FROM COURTLAND STREET TO HELM STREET IN THE AMOUNT OF $62,933.99 FOR A NEW TOTAL OF $238,568.99. Attachments: 15-0857R Map BY COUNCILOR FOSLE (PUBLIC SAFETY) 24. 15-0845R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A DONATION FROM THE NORTHLAND LAW ENFORCEMENT K-9 FOUNDATION IN THE AMOUNT OF $5,000. City of Duluth Page 5 Printed on 12/14/2015 City Council Meeting Agenda - Final-revised December 14, 2015 25. 15-0854R RESOLUTION ADOPTING THE 2012 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AS THE HOUSING AND PROPERTY MAINTENANCE CODE OF THE CITY OF DULUTH. 26. 15-0865R RESOLUTION CREATING A VACANT BUILDING REGISTRATION FUND WITHIN THE CITY’S SPECIAL PROJECTS SPECIAL REVENUE FUND AND COMMITTING CERTAIN RESOURCES FOR COST ASSOCIATED WITH THE REMOVAL OF BLIGHT FROM ABANDONED AND/OR DILAPIDATED PROPERTIES, AND THE ABATEMENT OF NUISANCE BUILDINGS. Sponsors: Public Safety and Bushey BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 27. 15-0841R RESOLUTION AUTHORIZING THREE YEAR LEASE AGREEMENT WITH THE DULUTH AMATEUR YOUTH BASKETBALL ASSOCIATION FOR USE OF SPACE IN THE WASHINGTON RECREATION CENTER. Attachments: Lease Agreement 11-2015 28. 15-0862R RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DULUTH AND THE ARROWHEAD ZOOLOGICAL SOCIETY, INC. Attachments: Exhibit A--Second Amendment to Agreement END OF CONSENT AGENDA The following entitled resolutions are also to be considered: COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) 29. 15-0848R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2016 TO DECEMBER 31, 2016 BUDGETS OF THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. Attachments: Exhibit A 30. 15-0867R RESOLUTION APPROPRIATING $200,000 TO THE GREAT LAKES AQUARIUM TOWARDS THE CONSTRUCTION OF A NEW EXHIBIT - THE AMAZING WORLD OF THE UNSALTED SEAS. Sponsors: Filipovich and Russ Attachments: Exhibit A Funding Request City of Duluth Page 6 Printed on 12/14/2015 City Council Meeting Agenda - Final-revised December 14, 2015 BY COUNCILOR HANSON (PURCHASING & LICENSING) 31. 15-0866R RESOLUTION AWARDING A CONTRACT TO COLLECTIVE DATA INC FOR THE PURCHASE AND IMPLEMENTATION OF A FLEET INFORMATION MANAGEMENT SOFTWARE SYSTEM, INCLUDING ONE YEAR OF FREE PREMIUM SOFTWARE MAINTENANCE AND SUPPORT SERVICES, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $65,450.00. Attachments: Exhibit A 32. 15-0877R RESOLUTION AWARDING A CONTRACT TO CITIES DIGITAL INC. FOR THE PURCHASE AND IMPLEMENTATION OF AN ENTERPRISE LEVEL LASERFICHE DOCUMENT MANAGEMENT SYSTEM, INCLUDING FIVE YEARS OF SOFTWARE MAINTENANCE AND SUPPORT SERVICES, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $356,760.00. Attachments: Exhibit A COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 33. 15-0858R RESOLUTION APPROVING THE 2016 ANNUAL ACTION PLAN AND AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME PROGRAM AND EMERGENCY SOLUTIONS GRANT PROGRAM (ESGP) PROGRAM FUNDS. 34. 15-0859R RESOLUTION AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 2016 PROGRAM YEAR AND AUTH-ORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. Attachments: Attachment 1 Attachment 2 Attachment 3 Attachement 4 35. 15-0860R RESOLUTION AUTHORIZING A REQUEST FOR HUD EMERGENCY SOLUTIONS GRANT PROGRAM (ESGP) FUNDS FOR THE 2016 PROGRAM YEAR AND AUTHORIZING CONTRACTS. Attachments: Attachment 1 City of Duluth Page 7 Printed on 12/14/2015 City Council Meeting Agenda - Final-revised December 14, 2015 36. 15-0861R RESOLUTION AUTHORIZING A REQUEST FOR HUD HOME FUNDS FOR THE 2016 PROGRAM YEAR AND AUTHORIZING CONTRACTS. Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 37. 15-0874R RESOLUTION AUTHORIZING A DEVELOPMENT AGREEMENT WITH CIRRUS DESIGN CORPORATION RELATED TO THE CIRRUS COMPLETION CENTER EXPANSION. Attachments: Motion to Amend 15-0874R JS 141201505-development agreement COMMITTEE 3 BY COUNCILOR JULSRUD (PUBLIC WORKS & UTILITIES) 38. 15-0850R RESOLUTION AUTHORIZING A ONE-YEAR EXTENSION TO CONTRACT 21844 WITH OUT THERE ADVERTISING INC., IN THE AMOUNT OF $51,600, AND A NEW CONTRACT TOTAL NOT TO EXCEED $340,000. Attachments: Exhibit A BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 39. 15-0817R RESOLUTION AUTHORIZING APPLICATION TO, AND ACCEPTANCE OF IF OFFERED, THE MINNESOTA DEPARTMENT OF TRANSPORTATION - TRANSPORTATION ALTERNATIVES PROGRAM TO PROVIDE A MULTI-USE PATH THROUGH BRIGHTON BEACH PARK. Attachments: EXHIBIT A - 15-0817R.pdf EXHIBIT B - 15-0817R.pdf INTRODUCTION AND CONSIDERATION OF ORDINANCES The following entitled ordinances are to be read for the second time: COMMITTEE 1 BY COUNCILOR FILIPOVICH (FINANCE) City of Duluth Page 8 Printed on 12/14/2015 City Council Meeting Agenda - Final-revised December 14, 2015 40. 15-096-O AN ORDINANCE DETERMING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2016. Legislative History 12/7/15 City Council read for the first time 41. 15-099-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2016. Legislative History 12/7/15 City Council read for the first time 42. 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. Legislative History 12/7/15 City Council read for the first time 43. 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. Legislative History 12/7/15 City Council read for the first time COMMITTEE 2 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 44. 15-095-O AN ORDINANCE CONFIRMING THE LEGAL DESCRIPTION FOR THE AREA SURROUNDING LOWER CONGDON PARK. Attachments: Attachment 1 Attachment 2 Legislative History 12/7/15 City Council read for the first time City of Duluth Page 9 Printed on 12/14/2015 City Council Meeting Agenda - Final-revised December 14, 2015 45. 15-097-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, 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 Attachments: Attachment 1 Attachment 2 Legislative History 12/7/15 City Council read for the first time 46. 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). Attachments: Attachment 1 Attachment 2 Legislative History 12/7/15 City Council read for the first time COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 10 Printed on 12/14/2015

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