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, January 25, 2016 7:00 PM Council Chamber ROLL CALL ROLL CALL Present: 7- Councilor Gary Anderson, Councilor Jay Fosle, President Noah Hobbs, Councilor Barb Russ, Councilor Joel Sipress, Councilor Em Westerlund and Councilor Zack Filipovich PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 1. 16-009 Park Point Marina appeal citizen communications Indexes: City of Duluth Page 1 City Council Minutes - Final January 25, 2016 Attachments: FW Park Point Marina Appeal FW Appeal of Planning Commission Decision for Park Point Marina Inn FW Park Point Marina Inn request for variance FW PL16-005 Park Point Marina Hotel Attachment 1 of 2 Attachment 2 of 2 Duluth City Council - re Park Point Marina Inn FW Plea to uphold the Planning Commission Decision FW Uphold Plan Commission Decision FW Uphold the Planning Commission Decision This Petition/Other Communication was received. REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION 2. 16-010 Acting Mayor communication This Reports from the Administration was received. REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 3. 16-011 Duluth airport authority meeting minutes Indexes: Attachments: DAA Meeting Minutes This Minutes was received. 4. 16-012 Duluth public utilites commission meeting minutes Indexes: City of Duluth Page 2 City Council Minutes - Final January 25, 2016 Attachments: 11172015 DPUC clean water surcharge public hearing minutes 11172015 DPUC meeting minutes 11172015 DPUC stormwater rate public hearing minutes 16PUC-001 with recommended unofficial ordinance This Minutes 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 CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 5. 16-0023R RESOLUTION AUTHORIZING AN AGREEMENT WITH CR-BUILDING PERFORMANCE SPECIALISTS, INC., FOR PROFESSIONAL SERVICES IN THE CONTINUED IMPLEMENTATION OF A CITYWIDE ASSET MANAGEMENT SYSTEM FOR AN AMOUNT NOT TO EXCEED $80,000. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 6. 16-0045R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO THE MINNESOTA BALLET (CELEBRITY DANCE CHALLENGE), 1215 RICE LAKE ROAD. This Resolution was adopted unanimously. City of Duluth Page 3 City Council Minutes - Final January 25, 2016 7. 16-0046R RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE LICENSE PREMISES OF THE ON SALE INTOXICATING LIQUOR LICENSE AND AN APPLICATION FOR AN ON SALE DANCING LICENSE OF HISTORIC UNION DEPOT, INC. (SLC HERITAGE & ARTS CENTER), 506 WEST MICHIGAN STREET. This Resolution was adopted unanimously. 8. 16-0049R RESOLUTION APPROVING THE TRANSFER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF CITY WINE & LIQUOR STORE, INC. (WAREHOUSE LIQUOR STORE), 104 WEST CENTRAL ENTRANCE, TRANSFERRED TO 27 LIQUORS, LLC (27 LIQUOR), 2700 WEST MICHIGAN STREET. This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 9. 16-0047R RESOLUTION CONFIRMING THE APPOINTMENT OF JENNIFER JULSRUD TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, REPLACING ROBERT REICHART. Indexes: Attachments: J. Julsrud Application This Resolution was adopted unanimously. 10. 16-0050R RESOLUTION CONFIRMING THE APPOINTMENT OF COUNCILORS ZACK FILIPOVICH, ELISSA HANSEN AND THE REAPPOINTMENT OF JAY FOSLE TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. This Resolution was adopted unanimously. 11. 16-0057R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF MANAGER, MAINTENANCE & SUPPLY SERVICES, INCLUDING A TITLE CHANGE TO MANAGER, FLEET SERVICES, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: City of Duluth Page 4 City Council Minutes - Final January 25, 2016 Attachments: Manager, Maintenance & Supply Services (Strikeout) Manager, Fleet Services This Resolution was adopted unanimously. 12. 16-0060R RESOLUTION APPOINTING COUNCILOR EM WESTERLUND TO THE DULUTH PUBLIC UTILITIES COMMISSION. This Resolution was adopted unanimously. 13. 16-0061R RESOLUTION CONFIRMING THE APPOINTMENT OF COUNCILOR HOWIE HANSON TO THE DULUTH PARKING COMMISSION. This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 14. 16-0044R RESOLUTION AUTHORIZING A FUNDING AGREEMENT WITH KENWOOD VILLAGE, LLC, RELATED TO IMPROVEMENTS TO CLEVELAND STREET. Indexes: Attachments: Exhibit A - 16-0044R This Resolution was adopted unanimously. BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS) BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS) 15. 16-0036R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL PROPERTY WITHIN THE CITY OF DULUTH TO ST. LOUIS COUNTY, MINNESOTA FOR THE INSTALLATION OF A DRY POND. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY PRESIDENT FILIPOVICH (COMMITTEE OF THE WHOLE) BY PRESIDENT FILIPOVICH (COMMITTEE OF THE WHOLE) 16. 16-0077R RESOLUTION ESTABLISHING A 2016 DULUTH DISTINGUISHED City of Duluth Page 5 City Council Minutes - Final January 25, 2016 ARTIST AWARD TO BE BESTOWED ON DULUTH ARTISTS BY MEMBERS OF THE CITY COUNCIL. This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 17. 16-0004R RESOLUTION AUTHORIZING AN AGREEMENT WITH SRF, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN ENGINEERING FOR THE ARROWHEAD/KENWOOD AND WEST CLEVELAND STREET SIGNAL IMPROVEMENTS IN THE AMOUNT OF $118,217. Indexes: Attachments: 16-0004R Aerial Photo This Resolution was adopted unanimously. 18. 16-0022R RESOLUTION AUTHORIZING STREAM RESTORATION WORK ON CHESTER CREEK WITHIN CHESTER BOWL BY THE SOUTH ST LOUIS COUNTY SOIL AND WATER CONSERVATION DISTRICT (SWCD). Indexes: Attachments: Attachment A -Deed declaration (16-0022R) Exhibit A (16-0022R) This Resolution was adopted unanimously. 19. 16-0058R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE THE DESIGN FOR THE SUPERIOR STREET RECONSTRUCTION PROJECT IN THE AMOUNT NOT TO EXCEED $1,633,674.00. Indexes: Attachments: Exhibit A - Resolution Map (16-0058R) Exhibit B - LHB Cost Proposal (16-0058R) Exhibit C - LHB Proposal (16-0058R) This Resolution was adopted unanimously. 20. 16-0059R RESOLUTION AUTHORIZING A REQUEST TO MNDOT TO PROVIDE PERMITTED ACCESS TO TRUNK HIGHWAY 23 AT RIVERSIDE DRIVE. Indexes: City of Duluth Page 6 City Council Minutes - Final January 25, 2016 Attachments: Exhibit A (16-0059R) This Resolution was adopted unanimously. 21. 16-0064R RESOLUTION AWARDING A CONTRACT TO PCI ROADS, LLC FOR THE REHABILITATION AND RELINE OF BREWERY CREEK STORM SEWER SECTIONS 29 AND 31 IN THE AMOUNT OF $743,150. Indexes: Attachments: 16-0064R Map This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 22. 16-0012R RESOLUTION AUTHORIZING PAYMENT TO ST. LOUIS COUNTY FOR SHARED ACCESS TO SHIELD MAINTENANCE SOFTWARE AND SERVICES ASSOCIATED WITH NEMESIS (NORTHEASTERN MINNESOTA ENFORCEMENT SAFETY INFORMATION SYSTEM) DURING 2016 FOR A TOTAL AMOUNT OF $110,441.25. This Resolution was adopted unanimously. 23. 16-0051R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A $125,000 GRANT AWARD FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO FUND A SEX TRAFFICKING INVESTIGATOR FOR TWO YEARS AND AUTHORIZING EXECUTION OF GRANT AGREEMENT. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 24. 16-0052R RESOLUTION AUTHORIZING CITY OFFICIALS TO GIVE TO OFFICER KOPP A RETIRED POLICE CANINE NAMED MALAKAI. This Resolution was adopted unanimously. BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) City of Duluth Page 7 City Council Minutes - Final January 25, 2016 25. 16-0072R RESOLUTION AUTHORIZING THE EXECUTION OF A DECLARATION OF RESTRICTIVE COVENANT FOR CHAMBERS GROVE PARK. Indexes: Attachments: EXHIBIT A This Resolution was adopted unanimously. 26. 16-0073R RESOLUTION AUTHORIZING ACCEPTANCE OF TWO UTILITY EASEMENTS FOR PROPERTY BELOW SPIRIT MOUNTAIN WITH THE SPIRIT VALLEY LAND COMPANY, LLC FOR THE SPIRIT MOUNTAIN WATER LINE PROJECT AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1 Exhibit 2 This Resolution was adopted unanimously. 27. 16-0074R RESOLUTION GRANTING APPROVAL AND IMPLEMENTATION OF THE IRVING PARK MINI-MASTER PLAN. Indexes: Attachments: EXHIBIT A - 16-0074R This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 28. 16-0076R RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND CITY OF DULUTH SUPERVISORY ASSOCIATION FOR THE YEARS 2015-2017. Indexes: Attachments: Exhibit A - Reopener Final 2015-2017 CDSA CBA (Clean) Reopener Final 2015-2017 CDSA CBA (Changed Marked) TA - initialled redlined reopenner CBA This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) City of Duluth Page 8 City Council Minutes - Final January 25, 2016 BY COUNCILOR ANDERSON (PERSONNEL) 29. 16-0063R RESOLUTION CONFIRMING THE APPOINTMENT OF WAYNE PARSON AS CHIEF FINANCIAL OFFICER FOR THE CITY OF DULUTH. This Resolution was adopted as follows: Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 30. 16-0065R RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO DENY PARK POINT MARINA INN AND SUITES, LLC A VARIANCE FROM THE MIXED USE WATERFRONT DEVELOPMENT STANDARDS AT 1003 MINNESOTA AVENUE. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Motion was made, seconded and unanimously carried to remove resolution from the agenda. 31. 16-0066R RESOLUTION REVERSING THE PLANNING COMMISSION’S DECISION TO DENY PARK POINT MARINA INN AND SUITES, LLC A VARIANCE FROM THE MIXED USE WATERFRONT DEVELOPMENT STANDARDS AT 1003 MINNESOTA AVENUE. Indexes: City of Duluth Page 9 City Council Minutes - Final January 25, 2016 Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Motion was made, seconded and unanimously carried to remove resolution from the agenda. BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 32. 16-0053R RESOLUTION AWARDING A PURCHASE FROM THUNDER BAY CHEMICALS, LTD., FOR THE PURCHASE AND DELIVERY OF 125,400 GALLONS OF LIQUID ALUMINUM SULFATE IN YEAR 2016 FOR $125,826.36. Indexes: Attachments: Exhibit A This Resolution was adopted as follows: Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle 33. 16-0054R RESOLUTION AUTHORIZING A PURCHASE FROM HAWKINS FOR THE PURCHASE AND DELIVERY OF 85,000 GALLONS OF LIQUID CAUSTIC SODA IN YEAR 2016 FOR A TOTAL OF $144,075. Indexes: Attachments: Exhibit A This Resolution was adopted as follows: Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle 34. 16-0084R RESOLUTION AWARDING A CONTRACT TO LAKEHEAD CONSTRUCTORS, INC. FOR THE REPLACEMENT OF THE OPERATING ROPES ON THE AERIAL LIFT BRIDGE IN THE AMOUNT OF $190,963. Indexes: City of Duluth Page 10 City Council Minutes - Final January 25, 2016 Attachments: 16-0084R Map This Resolution was adopted unanimously. 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: BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 35. 16-002-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM R-1 TO MU-N, AND MU-N AND MU-B TO MU-C FOR PROPERTY ALONG THE NORTH AND SOUTH SIDES OF LONDON ROAD. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 36. 16-003-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM I-W TO MU-W FOR PROPERTY ALONG THE WEST SIDE OF MINNESOTA AVENUE AND ST. LOUIS AVENUE. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS) BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS) 37. 16-005-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY WITHIN THE CITY OF DULUTH TO ST. LOUIS City of Duluth Page 11 City Council Minutes - Final January 25, 2016 COUNTY, MINNESOTA FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit A Exhibit B This Resolution was read for the first time. BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) The following entitled ordinances are to be read for the second time: The following entitled ordinances are to be read for the second time: BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 38. 16-004-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION, REARRANGEMENT AND/OR EXPANSION OF THE CURRENT ZONE DISTRICTS; PARK AND OPEN SPACE (P-1), RESIDENTIAL-TRADITIONAL (R-1), RESIDENTIAL-URBAN (R-2), MIXED USE- BUSINESS (MU-B), MIXED USE-NEIGHBORHOOD (MU-N), INDUSTRIAL-GENERAL (I-G), FORM DISTRICT 5 (F-5) MID-RISE COMMUNITY SHOPPING AND OFFICE, AND RECLASSIFICATION OF LAND TO MIXED USE-COMMERCIAL (MU-C). Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 39. 16-001-O AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XXIII OF THE DULUTH CITY CODE, 1959, AS AMENDED, CHANGING THE NAME OF THE TREE COMMISSION TO THE URBAN FOREST COMMISSION. City of Duluth Page 12 City Council Minutes - Final January 25, 2016 This Ordinance was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS Meeting was adjourned at 7:26 p.m. City of Duluth Page 13