City Council
Regular MeetingDuluth, MN · December 14, 2015
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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