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, March 28, 2016 7:00 PM Council Chamber ROLL CALL ROLL CALL Present: 7- Councilor Barb Russ, President Noah Hobbs, Councilor Em Westerlund, Councilor Gary Anderson, Councilor Joel Sipress, Councilor Jay Fosle and Councilor Zack Filipovich PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE PUBLIC HEARING - City's Street Preservation Projects PUBLIC HEARING - City's Street Preservation Projects PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 1. 16-037 Jerome & Margaret Nelson Communication Indexes: Attachments: Jerome and Margaret Nelson Communication Woodland Roll Out City of Duluth Page 1 City Council Minutes - Final March 28, 2016 This Petition/Other Communication was received. REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 2. 16-035 Duluth Public Utilities Commission Meeting Minutes. Feb. 16, 2016 Indexes: Attachments: 02162016 DPUC meeting minutes This Board or Commission Report was received. 3. 16-036 DPUC Resolution 16PUC-004. Increasing water rates. Indexes: Attachments: 16PUC-004 Establishing Water Rates 3-15-2016 DPUC Public Hearing 03-15-2016 This Board or Commission Report was received. 4. 16-038 AGT March Meeting Minutes Indexes: Attachments: AGT March Minutes 2016 This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL COMMITTEES City of Duluth Page 2 City Council Minutes - Final March 28, 2016 REPORTS FROM THE ADMINISTRATION REPORTS OF COUNCIL OPEN ISSUES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD OPPORTUNITY FOR CITIZENS TO BE HEARD RESOLUTIONS TABLED RESOLUTIONS TABLED MOTIONS AND RESOLUTIONS MOTIONS AND RESOLUTIONS CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 5. 16-0145R RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE CITY’S STREET PRESERVATION PROJECTS FOR 2015. Indexes: Attachments: Street Preservation Program - 2015 Projects This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 6. 16-0199R RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE IMPROVEMENTS FOR EASTRIDGE ESTATES. Indexes: Attachments: Exhibit A City of Duluth Page 3 City Council Minutes - Final March 28, 2016 This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich BY COUNCILOR HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 7. 16-0173R RESOLUTION AUTHORIZING AN AGREEMENT WITH CARDNO FOR KINGSBURY CREEK DESIGN & CONSTRUCTION ENGINEERING SERVICES FOR AN AMOUNT NOT TO EXCEED $53,400. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 8. 16-0205R RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FROM LANDSCAPE STRUCTURES, INC., AKA: FLAGSHIP RECREATION LLC, IN THE AMOUNT OF $148,835. This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 9. 16-0214R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT 22618 WITH TKDA FOR ADDITIONAL SERVICES FOR THE WESTERN WATERFRONT TRAIL RESTORATION PROJECT, AN INCREASE OF $2,500, FOR AN AMENDED TOTAL NOT TO EXCEED $72,500. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 10. 16-0215R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT 22490 WITH BARR ENGINEERING, FOR ADDITIONAL SERVICES FOR THE SPIRIT MOUNTAIN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW), AN INCREASE OF $13,200, FOR A TOTAL City of Duluth Page 4 City Council Minutes - Final March 28, 2016 AMOUNT NOT TO EXCEED $62,870. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 11. 16-0203R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF FIREFIGHTER. Indexes: Attachments: Firefighter Job Description (strikeout) Firefighter Job Description This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 12. 16-0209R RESOLUTION AUTHORIZING A DECREASE OF $19,917 IN FY 2016 HUD COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 13. 16-0210R RESOLUTION AUTHORIZING AN INCREASE OF $658 IN FY 2016 HUD EMERGENCY SOLUTIONS GRANT (ESGP) PROGRAM. This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich City of Duluth Page 5 City Council Minutes - Final March 28, 2016 14. 16-0211R RESOLUTION AUTHORIZING A DECREASE OF $11,491 IN FY 2016 HUD HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM. This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS) BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS) 15. 16-0167R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AND ACCEPT FUNDS FROM ST. LOUIS COUNTY TO PROVIDE MINNESOTA FAMILY INVESTMENT PROGRAM AND DIVERSIONARY WORK PROGRAM EMPLOYMENT AND TRAINING SERVICES IN AN AMOUNT NOT LESS THAN $908,222 FOR THE PERIOD JANUARY 1, 2016 THROUGH DECEMBER 31, 2016. This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 16. 16-0207R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT 21702 WITH TENASKA MARKETING VENTURES TO EXTEND THE SERVICE TERM THROUGH OCTOBER 31, 2017. Indexes: Attachments: Exhibit A This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 17. 16-0208R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN SERVICES FOR THE SKYLINE PARKWAY RETAINING WALL RESTORATION PROJECT FOR AN AMOUNT NOT TO EXCEED $103,496. Indexes: City of Duluth Page 6 City Council Minutes - Final March 28, 2016 Attachments: 16-0208R Exhibit A 16-0208R Exhibit B 16-0208R Proposal 16-0208R Maps This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 18. 16-0213R RESOLUTION AMENDING A CONTRACT WITH LHB, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR BRIDGE REHABILITATION, TO INCREASE THE AMOUNT BY $97,833.00 FOR A NEW TOTAL OF $149,734.00. Indexes: Attachments: 16-0213R Map 16-0213R Amendment This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 19. 16-0219R RESOLUTION AWARDING A CONTRACT TO GEORGE BOUGALIS & SONS CO. FOR THE MICHIGAN STREET UTILITY RECONSTRUCTION FROM 3RD AVENUE WEST TO 6TH AVENUE WEST IN THE AMOUNT OF $1,076,157. Indexes: Attachments: 16-0219R Map This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 20. 16-0165R RESOLUTION AUTHORIZING APPLICATION TO AND, IF OFFERED, ACCEPTANCE OF A $100,000 MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MN DNR) OUTDOOR RECREATION GRANT TO IMPLEMENT PORTIONS OF THE QUARRY PARK MINI-MASTER PLAN - PHASE I. Indexes: City of Duluth Page 7 City Council Minutes - Final March 28, 2016 Attachments: EXHIBIT A - 16-0165R EXHIBIT B - 16-0165R EXHIBIT C - 16-0165R This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 21. 16-0169R RESOLUTION AUTHORIZING APPLICATION TO, AND ACCEPTANCE OF, IF OFFERED, A $250,000 MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MN DNR) REGIONAL TRAIL PROGRAM GRANT TO IMPROVE THE DWP (DULUTH WINNIPEG PACIFIC) /CROSS CITY TRAIL SYSTEM - STEWART CREEK RAILROAD TRESTLE. Indexes: Attachments: EXHIBIT A - 16-0169R EXHIBIT B - 16-0169R EXHIBIT C - 16-0169R This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 22. 16-0170R RESOLUTION AUTHORIZING APPLICATION TO AND, IF OFFERED, ACCEPTANCE OF A $100,000 MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MN DNR) OUTDOOR RECREATION GRANT TO IMPLEMENT PORTIONS OF THE WEST DULUTH SPORTS CORRIDOR MINI-MASTER PLAN - PHASE I. Indexes: Attachments: EXHIBIT A - 16-0170R EXHIBIT B - 16-0170R EXHIBIT C - 16-0170R This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 23. 16-0172R RESOLUTION AUTHORIZING APPLICATION TO, AND ACCEPTANCE OF, IF OFFERED A $90,680 MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MN DNR) LOCAL TRAIL CONNECTIONS PROGRAM GRANT TO CONSTRUCT TRAILS FROM QUARRY PARK TO THE GREATER DULUTH MULTIUSE TRAIL SYSTEM. Indexes: City of Duluth Page 8 City Council Minutes - Final March 28, 2016 Attachments: EXHIBIT A - 16-0172R EXHIBIT B - 16-0172R EXHIBIT C - 16-0172R This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 24. 16-0212R RESOLUTION AUTHORIZING APPLICATION TO A $250,000 MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MN DNR) REGIONAL TRAIL PROGRAM GRANT TO BUILD THE 3.3KM NORDIC SKI CENTER TRAIL AT THE BASE OF SPIRIT MOUNTAIN RECREATION AREA. Indexes: Attachments: EXHIBIT A - 16-0212R EXHIBIT B - 16-0212R EXHIBIT C - 16-0212R This Resolution was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich END OF CONSENT AGENDA END OF CONSENT AGENDA INTRODUCTION AND CONSIDERATION OF ORDINANCES INTRODUCTION AND CONSIDERATION OF ORDINANCES ORDINANCES TABLED ORDINANCES TABLED 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 HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 25. 16-018-O AN ORDINANCE TO AMEND THE BUDGET OF THE CITY OF DULUTH FOR YEAR 2016 BY INCREASING THE BUDGET $800,000 FOR City of Duluth Page 9 City Council Minutes - Final March 28, 2016 ADDITIONAL STREET WORK. This Ordinance was read for the first time. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 26. 16-017-O AN ORDINANCE AMENDING SECTIONS 50-19.8 USE TABLE, 50-20.5 ACCESSORY USES, 50-39 ENFORCEMENT AND PENALTIES, AND 50-41 DEFINITIONS, TO ALLOW FOR ACCESSORY HOME SHARE. Indexes: Attachments: Attachment A - 16-017-O Attachment B - 16-017-O Motion to Split 16-017 Hansen Motion to amend 16-017 - Passed Filipovich Motion to amend 16-017 - Failed 16-017-O as voted on 3.14.16 Motion to split - passed 16-017 & 16-022 Hansen Motion to amend - passed Filipovich Motion to amend - failed. This Ordinance was read for the first time. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 27. 16-016-O AN ORDINANCE REPEALING ARTICLE IV, CHAPTER 10A, OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO PADDLEWHEELS. This Ordinance was read for the first time. 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) City of Duluth Page 10 City Council Minutes - Final March 28, 2016 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 28. 16-013-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION FROM MU-B TO MU-N PROPERTY ALONG THE SOUTH SIDE OF GRAND AVENUE AND FROM R-1 TO MU-N, PROPERTY ALONG THE NORTH SIDE OF GRAND AVENUE. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 29. 16-014-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY WITHIN THE CITY OF DULUTH TO INDEPENDENT SCHOOL DISTRICT #709 FOR AN ENTRANCE TO DENFELD HIGH SCHOOL. Indexes: Attachments: EXHIBIT A Exhibit B Exhibit C This Ordinance was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 30. 16-012-O AN ORDINANCE AUTHORIZING A PENALTY FOR UNAUTHORIZED TURNING ON OF WATER OR GAS SERVICE AMENDING SECTION 48-27 OF THE DULUTH CITY CODE, 1959, AS AMENDED. This Ordinance was adopted. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 31. 16-015-O AN ORDINANCE DEDICATING EASEMENTS FOR UTILITY PURPOSES ON CITY-OWNED PROPERTY NORTH OF 45TH AVENUE WEST. City of Duluth Page 11 City Council Minutes - Final March 28, 2016 Indexes: Attachments: Exhibit A Exhibit B This Ordinance was adopted as amended. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 12