City Council
Regular MeetingDuluth, MN · April 25, 2016
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, April 25, 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
APPROVAL OF MINUTES
APPROVAL OF MINUTES
PUBLIC HEARING
PUBLIC HEARING
REPORTS FROM THE ADMINISTRATION
REPORTS FROM THE ADMINISTRATION
City of Duluth Page 1
City Council Minutes - Final April 25, 2016
REPORTS FROM OTHER OFFICERS
REPORTS FROM OTHER OFFICERS
REPORTS OF BOARDS AND COMMISSIONS
REPORTS OF BOARDS AND COMMISSIONS
1. 16-047 DECC October, November and December 2015 Meeting Minutes
Indexes:
Attachments: December 15 2015 DECC Board Meeting Minutes
November 24 2015 DECC Board Meeting Minutes
October 27 2015 DECC Board Meeting Minutes
This Board or Commission Report was received.
2. 16-048 Duluth parking commission meeting minutes.
Indexes:
Attachments: Duluth Parking Commission 1-29-16 minutes
Duluth Parking Commission 8-28-15 minutes
Duluth Parking Commission 11-6-15 minutes
Duluth Parking Commission 12-4-15 minutes
Duluth Parking Commission 3-4-16 minutes
This Board or Commission Report was received.
3. 16-049 DEDA February 2016 meeting minutes
Indexes:
Attachments: DEDA 2-24-16 Minutes
This Board or Commission Report was received.
4. 16-051 Duluth Parking Commission Resolutions
Indexes:
City of Duluth Page 2
City Council Minutes - Final April 25, 2016
Attachments: Duluth Parking Commission 3-4-16 resolutions
Duluth Parking Commission 4-8-16 resolutions
Duluth Parking Commission 1-29-16 resolutions
This Board or Commission Report was received.
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL OPEN ISSUES
REPORTS OF COUNCIL OPEN ISSUES
OPPORTUNITY FOR CITIZENS TO BE HEARD
OPPORTUNITY FOR CITIZENS TO BE HEARD
RESOLUTIONS TABLED
RESOLUTIONS TABLED
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
5. 16-0248R RESOLUTION OF INTENT TO CONVEY CERTAIN REAL PROPERTY
WITHIN THE CITY OF DULUTH ABUTTING RIDGEVIEW ROAD TO THE
STATE OF MINNESOTA FOR AN ENTRANCE TO THE AIR NATIONAL
GUARD FACILITY.
Indexes:
Attachments: Exhibit A-Legal Description
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
MOTIONS AND RESOLUTIONS
MOTIONS AND RESOLUTIONS
CONSENT AGENDA
City of Duluth Page 3
City Council Minutes - Final April 25, 2016
CONSENT AGENDA
BY COUNCILOR HANSEN (FINANCE)
BY COUNCILOR HANSEN (FINANCE)
6. 16-0245R RESOLUTION AMENDING RESOLUTION NO. 16-0152, WHICH
AMENDED RESOLUTION NO. 16-0055, CONFIRMING DEMOLITION
ASSESSMENT ROLL TO DELETE A SECOND PROPERTY AND
REDUCING THE AMOUNT ASSESSED.
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
7. 16-0311R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A
GRANT ON BEHALF OF THE HISTORIC UNION DEPOT FROM THE
DULUTH LEGACY ENDOWMENT FUND IN THE AMOUNT OF $2500
FOR DEPOT BEAUTIFICATION PROJECT.
Indexes:
Attachments: Exhibit A - Depot Grant Agreement
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
8. 16-0314R RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR
MAY 1, 2016 TO APRIL 30, 2017 IN THE AMOUNT OF $5,546,836 FOR
THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY.
Indexes:
Attachments: Exhibit A
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
9. 16-0320R RESOLUTION APPROVING THE ADOPTION OF A TWO YEAR GRACE
PERIOD FOR IMPLEMENTING NEW PROCUREMENT REQUIREMENTS
IN COMPLAINCE WITH THE UNIFORM ADMINISTRATIVE
City of Duluth Page 4
City Council Minutes - Final April 25, 2016
REQUIREMENTS FOR FEDERAL AWARDS.
This Resolution was adopted unanimously.
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)
10. 16-0292R RESOLUTION AUTHORIZING A CONTRACT WITH TRAIL SOURCE,
LLC., FOR PHASE IV CONSTRUCTION OF THE DULUTH TRAVERSE
TRAIL IN THE AMOUNT OF $361,447.56.
Indexes:
Attachments: Phase IV Map
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
11. 16-0293R RESOLUTION AUTHORIZING A CONTRACT WITH ROCK SOLID TRAIL
CONTRACTING, LLC., FOR THE PHASE V CONSTRUCTION OF THE
DULUTH TRAVERSE TRAIL IN THE AMOUNT OF $472,843.25.
Indexes:
Attachments: Phase V Map
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
12. 16-0297R RESOLUTION APPROVING THE ISSUANCE OF OFF SALE 3.2
PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD
BEGINNING MAY,1 2016, AND ENDING APRIL 30, 2017
Indexes:
Attachments: OFF SALE BEER ATTACHMENT A-04142016085624
This Resolution was adopted unanimously.
City of Duluth Page 5
City Council Minutes - Final April 25, 2016
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
13. 16-0298R RESOLUTION APPROVING THE ISSUANCE OF ON SALE 3.2
PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD
BEGINNING MAY,1 2016, AND ENDING APRIL 30, 2017
Indexes:
Attachments: ON SALE BEER RENEWALS-Attachment A
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
14. 16-0299R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT
22579 WITH HOISINGTON KOEGLER GROUP, INC., FOR ADDITIONAL
PROFESSIONAL SERVICES TO COMPLETE A MINI MASTER PLAN
FOR VARIOUS ST. LOUIS RIVER CORRIDOR NEIGHBORHOOD
PARKS, AN INCREASE OF $4,070, AND AN AMENDED TOTAL NOT
TO EXCEED $79,070.
Indexes:
Attachments: Exhibit A
Exhibit B
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
15. 16-0312R RESOLUTION AUTHORIZING A CONTRACT WITH STACK BROS
MECHANICAL CONTRACTORS, INC. FOR THE CONSTRUCTION OF
CHAMBERS GROVE PARK IMPROVEMENTS FOR AN AMOUNT NOT
TO EXCEED $769,650.80.
This Resolution was adopted unanimously.
Yea: 8- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress and Councilor Fosle
Abstain: 1- Councilor Filipovich
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
City of Duluth Page 6
City Council Minutes - Final April 25, 2016
16. 16-0287R RESOLUTION AMENDING RESOLUTION 15-0831, ADOPTING
LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR 2016,
TO ADD AN ACCESSORY HOME SHARE PERMIT AND SETTING THE
FEE FOR $100 PER YEAR.
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
17. 16-0294R RESOLUTION DISCHARGING $112,018.70 IN DEBT OWED BY THE
FOLLOWING BUSINESSES TO THE REVOLVING LOAN FUND
FORMERLY OPERATED BY NORTH STAR COMMUNITY
DEVELOPMENT CORPORATION.
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
18. 16-0296R RESOLUTION AUTHORIZING AN AMENDMENT TO THE LICENSE
AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT
AUTHORITY FOR DEDA LOT B.
Indexes:
Attachments: Exhibit A - 16-0296R
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
19. 16-0304R RESOLUTION AUTHORIZING A CONTAMINATION INVESTIGATION AND
RESPONSE ACTION PLAN DEVELOPMENT GRANT APPLICATION IN
THE AMOUNT OF $28,834 TO THE MINNESOTA DEPARTMENT OF
EMPLOYMENT AND ECONOMIC DEVELOPMENT RELATING TO
PROPERTY LOCATED AT 42nd AVENUE WEST AND GRAND
AVENUE AND COMMITTING A DEVELOPER MATCH OF $9,611
This Resolution was adopted unanimously.
City of Duluth Page 7
City Council Minutes - Final April 25, 2016
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
20. 16-0305R RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN -
FUTURE LAND USE MAP FOR THE ARROWHEAD ROAD LANE USE
STUDY AREA, FROM EAST OF HAINES ROAD TO ARLINGTON ROAD,
AND NORTH ALONG RICE LAKE ROAD.
Indexes:
Attachments: Attachment 1
Attachment 2
This Resolution was adopted
Yea: 7- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Councilor
Sipress, Councilor Fosle and Councilor Filipovich
Nay: 2- Hansen and Councilor Anderson
21. 16-0308R RESOLUTION VACATING A PORTION OF A UTILITY EASEMENT
SOUTHEAST OF GRAND AVENUE BETWEEN 75TH AVENUE WEST
AND 78TH AVENUE WEST.
Indexes:
Attachments: Attachment 1
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
22. 16-0309R RESOLUTION VACATING A PORTION OF THE PLATTED RIGHT OF
WAY OF EAST SUPERIOR STREET, NORTH SECOND AVENUE EAST,
AND THE FIRST STREET ALLEY, ADJACENT TO THE NORSHOR
THEATER AT TWO NORTH SECOND AVENUE EAST (DULUTH
ECONOMIC DEVELOPMENT AUTHORITY).
Indexes:
Attachments: Attachment 1
Attachment 2
Attachment 3
Attachment 4
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
City of Duluth Page 8
City Council Minutes - Final April 25, 2016
BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS)
BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS)
23. 16-0316R RESOLUTION AUTHORIZING A TEMPORARY FIVE (5) YEAR
EASEMENT TO THE STATE OF MINNESOTA FOR HIGHWAY
PURPOSES FOR ITS GRAND AVENUE IMPROVEMENT PROJECT.
Indexes:
Attachments: Exhibit 1 (Parcel 49)
Exhibit 2 (Parcel 49)
Exhibit 3 (Parcel 49)
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
24. 16-0317R RESOLUTION AUTHORIZING A TEMPORARY FIVE (5) YEAR
EASEMENT TO THE STATE OF MINNESOTA FOR HIGHWAY
PURPOSES FOR ITS GRAND AVENUE IMPROVEMENT PROJECT.
Indexes:
Attachments: Exhibit 1 (Parcel 61)
Exhibit 2 (Parcel 61)
Exhibit 3 (Parcel 61)
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
25. 16-0318R RESOLUTION AUTHORIZING A TEMPORARY FIVE (5) YEAR
EASEMENT TO THE STATE OF MINNESOTA FOR HIGHWAY
PURPOSES FOR ITS GRAND AVENUE IMPROVEMENT PROJECT.
Indexes:
Attachments: Exhibit 1 (Parcel 60)
Exhibit 2 (Parcel 60)
Exhibit 3 (Parcel 60)
This Resolution was adopted unanimously.
City of Duluth Page 9
City Council Minutes - Final April 25, 2016
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)
26. 16-0288R RESOLUTION AWARDING A CONTRACT TO PARSONS ELECTRIC
LLC FOR THE REMOVAL AND REPLACEMENT OF GENERATORS AT
DULUTH STEAM IN THE AMOUNT OF $156,828.
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
27. 16-0289R RESOLUTION AWARDING A CONTRACT TO VEIT & COMPANY, INC.
FOR STREAM BANK STABILIZATION AT CHESTER CREEK IN THE
AMOUNT OF $518,187.35.
Indexes:
Attachments: 16-0289R Map
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
28. 16-0290R RESOLUTION AUTHORIZING THE 2012 ROAD AND BRIDGE
DISASTER RELIEF BOND GRANT AND ACCEPTING A GRANT FROM
THE MINNESOTA STATE TRANSPORTATION FUND FOR THE
OVERLAY OF 63rd AVENUE WEST FROM GRAND AVENUE TO CODY
STREET IN THE AMOUNT OF $62,085.48.
Indexes:
Attachments: 16-0290R Map
Flood Bond Agreement 118-103-006
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
29. 16-0291R RESOLUTION AUTHORIZING THE 2012 ROAD AND BRIDGE
City of Duluth Page 10
City Council Minutes - Final April 25, 2016
DISASTER RELIEF BOND GRANT AND ACCEPTING A GRANT FROM
THE MINNESOTA STATE TRANSPORTATION FUND FOR THE
RECLAMATION OF SKYLINE PARKWAY FROM KENWOOD AVENUE
TO BRIDGE NO. L6115 IN THE AMOUNT OF $190,578.60.
Indexes:
Attachments: 16-0291R Map
Flood Bond Agreement 118-179-006
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
30. 16-0302R RESOLUTION AWARDING A CONTRACT TO GEORGE BOUGALIS &
SONS CO., INC. FOR THE CONGDON BOULEVARD CULVERT LINING
AND REPLACEMENT IN THE AMOUNT OF $956,358.30.
Indexes:
Attachments: 16-0302R Map
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
31. 16-0306R RESOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA
DEPARTMENT OF TRANSPORTATION AND INDEMNIFYING THE
STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF A
MINNESOTA STATE AID VARIANCE IN THE RECONSTRUCTION OF
SUPERIOR STREET.
Indexes:
Attachments: 16-0306R Map
Parking Layout Variance
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
32. 16-0315R RESOLUTION APPROVING SETTLEMENT IN THE AMOUNT OF
$35,000 IN THE MATTER OF MARK R. CARLSON AND LYNNE E.
CARLSON VS. CITY OF DULUTH.
City of Duluth Page 11
City Council Minutes - Final April 25, 2016
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
33. 16-0319R RESOLUTION AWARDING A CONTRACT TO SHANNON’S INC. FOR
THE LAKEWOOD WATER TREATMENT PLANT HEATING,
VENTILATION AND COOLING SYSTEM IMPROVEMENTS IN THE
AMOUNT OF $940,850.
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
BY COUNCILOR FOSLE (PUBLIC SAFETY)
BY COUNCILOR FOSLE (PUBLIC SAFETY)
34. 16-0303R RESOLUTION AUTHORIZING LICENSE AGREEMENT WITH THE CITY
OF HERMANTOWN TO ALLOW THE HERMANTOWN POLICE
DEPARTMENT LIMITED ACCESS TO THE CITY’S FILE SERVER TO
ACCESS THE BCA MINNESOTA LICENSE PLATE DATA FILE.
Indexes:
Attachments: Exhibit A - Hermantown license agreement
Exhibit B - BCA agreement
This Resolution was adopted unanimously.
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)
35. 16-0300R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A
GRANT FROM THE DULUTH LEGACY FUND IN THE AMOUNT OF
$2,500 FOR TODDLER BOOK BINS AND BOOKS FOR THE MT. ROYAL
BRANCH LIBRARY.
Indexes:
City of Duluth Page 12
City Council Minutes - Final April 25, 2016
Attachments: Exhibit A - 16-0300R
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
36. 16-0301R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A
$2,500 GRANT FROM THE DULUTH LEGACY ENDOWMENT FUND
FOR THE GARY NEW DULUTH COMMUNITY CENTER AND
RECREATION AREA MINI-MASTER PLAN PROJECT.
Indexes:
Attachments: EXHIBIT A - 16-0301R
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
37. 16-0307R RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF A
HOST SITE AGREEMENT WITH THE MINNESOTA POLLUTION
CONTROL AGENCY FOR THE 2016-2017 PROGRAM YEAR
GREENCORPS MEMBERS.
Indexes:
Attachments: EXHIBIT A - 16-0307R
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
38. 16-0313R RESOLUTION AUTHORIZING A FIVE (5) YEAR LEASE AGREEMENT
WITH RPK BASEBALL, LLC AND NORTHWOODS LEAGUE, INC. FOR
THE USE OF WADE STADIUM THROUGH 2020.
Indexes:
Attachments: Exhibit 1
This Resolution was adopted unanimously.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
City of Duluth Page 13
City Council Minutes - Final April 25, 2016
END OF CONSENT AGENDA
END OF CONSENT AGENDA
BY COUNCILOR ANDERSON (PERSONNEL)
BY COUNCILOR ANDERSON (PERSONNEL)
39. 16-0295R RESOLUTION CONFIRMING THE APPOINTMENT OF JOHN
STRONGITHARM TO THE CIVIL SERVICE BOARD
Indexes:
Attachments: Lon Hanson CSB Application
LonHansonResume-CityofDuluth
Strongitharm CSB Application
John_Strongitharm_Resume_
NEWQUIST APP
This Resolution was adopted as amended.
Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen,
Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich
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 FOSLE (PUBLIC SAFETY)
BY COUNCILOR FOSLE (PUBLIC SAFETY)
40. 16-024-O AN ORDINANCE AMENDING CHAPTER 29A OF THE DULUTH CITY
CODE, 1959, AS AMENDED, TO CLARIFY APPLICATION OF THE
INTERNATIONAL PROPERTY MAINTENANCE CODE FOR THE
HOUSING AND MAINTENANCE CODE FOR THE CITY, PROVIDE A
MECHANISM FOR RESOLVING CONFLICTS BETWEEN THE
PROVISIONS OF CHAPTER 29A AND THE HOUSING AND PROPERTY
MAINTENANCE CODE, AND STRIKE OBSOLETE CODE LANGUAGE.
City of Duluth Page 14
City Council Minutes - Final April 25, 2016
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 HANSEN (FINANCE)
BY COUNCILOR HANSEN (FINANCE)
41. 16-023-O AN ORDINANCE TO AMEND THE BUDGET OF THE CITY OF DULUTH
FOR YEAR 2016 BY INCREASING THE BUDGET BY $500,000 FOR
FUNDING AN ENERGY PLAN.
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 RUSS (PLANNING & ECONOMIC DEVELOPMENT)
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
42. 16-022-O AN ORDINANCE AMENDING SECTIONS 50-20.3 COMMERCIAL USES
AND 50-20.5 ACCESSORY USES, TO AMEND EXISTING STANDARDS
FOR VACATION DWELLING UNITS AND ACCESSORY VACATION
DWELLING UNITS.
Indexes:
Attachments: Motion to Amend 16-022-O Hobbs.Filipovich - Passed
Motion to Amend 16-022-O Sipress (200ft) - FAILED
Motion to Amend 16-022-O Sipress (parking) - PASSED
Motion to Amend 16-022-O Filipovich.Hansen 5.3.16 - FAILED
Motion to Amend 16-022-O Sipress (Permit Adjustment) - PASSED
A motion was made that this ordinance be tabled. Motion passed:
8: Yay
1: Nay
This Ordinance was tabled.
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
City of Duluth Page 15
City Council Minutes - Final April 25, 2016
43. 16-021-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN
REAL PROPERTY ABUTTING RIDGEVIEW ROAD TO THE STATE OF
MINNESOTA FOR AN ENTRANCE TO THE AIR NATIONAL GUARD
FACILITY.
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
COUNCILOR QUESTIONS AND COMMENTS
COUNCILOR QUESTIONS AND COMMENTS
COUNCILOR PREVIEW OF UPCOMING BUSINESS
COUNCILOR PREVIEW OF UPCOMING BUSINESS
City of Duluth Page 16
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, April 25, 2016 7:00 PM Council Chamber
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
PUBLIC HEARING
REPORTS FROM THE ADMINISTRATION
REPORTS FROM OTHER OFFICERS
REPORTS OF BOARDS AND COMMISSIONS
1. 16-047 DECC October, November and December 2015 Meeting Minutes
Attachments: December 15 2015 DECC Board Meeting Minutes
November 24 2015 DECC Board Meeting Minutes
October 27 2015 DECC Board Meeting Minutes
City of Duluth Page 1 Printed on 4/22/2016
City Council Meeting Agenda - Final-revised April 25, 2016
2. 16-048 Duluth parking commission meeting minutes.
Attachments: Duluth Parking Commission 1-29-16 minutes
Duluth Parking Commission 8-28-15 minutes
Duluth Parking Commission 11-6-15 minutes
Duluth Parking Commission 12-4-15 minutes
Duluth Parking Commission 3-4-16 minutes
3. 16-049 DEDA February 2016 meeting minutes
Attachments: DEDA 2-24-16 Minutes
4. 16-051 Duluth Parking Commission Resolutions
Attachments: Duluth Parking Commission 3-4-16 resolutions
Duluth Parking Commission 4-8-16 resolutions
Duluth Parking Commission 1-29-16 resolutions
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL OPEN ISSUES
OPPORTUNITY FOR CITIZENS TO BE HEARD
RESOLUTIONS TABLED
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
5. 16-0248R RESOLUTION OF INTENT TO CONVEY CERTAIN REAL PROPERTY
WITHIN THE CITY OF DULUTH ABUTTING RIDGEVIEW ROAD TO
THE STATE OF MINNESOTA FOR AN ENTRANCE TO THE AIR
NATIONAL GUARD FACILITY.
Attachments: Exhibit A-Legal Description
MOTIONS AND RESOLUTIONS
CONSENT AGENDA
BY COUNCILOR HANSEN (FINANCE)
6. 16-0245R RESOLUTION AMENDING RESOLUTION NO. 16-0152, WHICH
AMENDED RESOLUTION NO. 16-0055, CONFIRMING DEMOLITION
ASSESSMENT ROLL TO DELETE A SECOND PROPERTY AND
REDUCING THE AMOUNT ASSESSED.
City of Duluth Page 2 Printed on 4/22/2016
City Council Meeting Agenda - Final-revised April 25, 2016
7. 16-0311R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO
ACCEPT A GRANT ON BEHALF OF THE HISTORIC UNION DEPOT
FROM THE DULUTH LEGACY ENDOWMENT FUND IN THE AMOUNT
OF $2500 FOR DEPOT BEAUTIFICATION PROJECT.
Attachments: Exhibit A - Depot Grant Agreement
8. 16-0314R RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR
MAY 1, 2016 TO APRIL 30, 2017 IN THE AMOUNT OF $5,546,836
FOR THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY.
Attachments: Exhibit A
9. 16-0320R RESOLUTION APPROVING THE ADOPTION OF A TWO YEAR
GRACE PERIOD FOR IMPLEMENTING NEW PROCUREMENT
REQUIREMENTS IN COMPLAINCE WITH THE UNIFORM
ADMINISTRATIVE REQUIREMENTS FOR FEDERAL AWARDS.
BY COUNCILOR HOBBS (PURCHASING & LICENSING)
10. 16-0292R RESOLUTION AUTHORIZING A CONTRACT WITH TRAIL SOURCE,
LLC., FOR PHASE IV CONSTRUCTION OF THE DULUTH TRAVERSE
TRAIL IN THE AMOUNT OF $361,447.56.
Attachments: Phase IV Map
11. 16-0293R RESOLUTION AUTHORIZING A CONTRACT WITH ROCK SOLID
TRAIL CONTRACTING, LLC., FOR THE PHASE V CONSTRUCTION
OF THE DULUTH TRAVERSE TRAIL IN THE AMOUNT OF
$472,843.25.
Attachments: Phase V Map
12. 16-0297R RESOLUTION APPROVING THE ISSUANCE OF OFF SALE 3.2
PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD
BEGINNING MAY,1 2016, AND ENDING APRIL 30, 2017
Attachments: OFF SALE BEER ATTACHMENT A-04142016085624
13. 16-0298R RESOLUTION APPROVING THE ISSUANCE OF ON SALE 3.2
PERCENT MALT LIQUOR LICENSE RENEWALS FOR THE PERIOD
BEGINNING MAY,1 2016, AND ENDING APRIL 30, 2017
Attachments: ON SALE BEER RENEWALS-Attachment A
City of Duluth Page 3 Printed on 4/22/2016
City Council Meeting Agenda - Final-revised April 25, 2016
14. 16-0299R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT
22579 WITH HOISINGTON KOEGLER GROUP, INC., FOR
ADDITIONAL PROFESSIONAL SERVICES TO COMPLETE A MINI
MASTER PLAN FOR VARIOUS ST. LOUIS RIVER CORRIDOR
NEIGHBORHOOD PARKS, AN INCREASE OF $4,070, AND AN
AMENDED TOTAL NOT TO EXCEED $79,070.
Attachments: Exhibit A
Exhibit B
15. 16-0312R RESOLUTION AUTHORIZING A CONTRACT WITH STACK BROS
MECHANICAL CONTRACTORS, INC. FOR THE CONSTRUCTION OF
CHAMBERS GROVE PARK IMPROVEMENTS FOR AN AMOUNT NOT
TO EXCEED $769,650.80.
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
16. 16-0287R RESOLUTION AMENDING RESOLUTION 15-0831, ADOPTING
LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR
2016, TO ADD AN ACCESSORY HOME SHARE PERMIT AND
SETTING THE FEE FOR $100 PER YEAR.
17. 16-0294R RESOLUTION DISCHARGING $112,018.70 IN DEBT OWED BY THE
FOLLOWING BUSINESSES TO THE REVOLVING LOAN FUND
FORMERLY OPERATED BY NORTH STAR COMMUNITY
DEVELOPMENT CORPORATION.
18. 16-0296R RESOLUTION AUTHORIZING AN AMENDMENT TO THE LICENSE
AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT
AUTHORITY FOR DEDA LOT B.
Attachments: Exhibit A - 16-0296R
19. 16-0304R RESOLUTION AUTHORIZING A CONTAMINATION INVESTIGATION
AND RESPONSE ACTION PLAN DEVELOPMENT GRANT
APPLICATION IN THE AMOUNT OF $28,834 TO THE MINNESOTA
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT
RELATING TO PROPERTY LOCATED AT 42nd AVENUE WEST AND
GRAND AVENUE AND COMMITTING A DEVELOPER MATCH OF
$9,611
20. 16-0305R RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN
- FUTURE LAND USE MAP FOR THE ARROWHEAD ROAD LANE
USE STUDY AREA, FROM EAST OF HAINES ROAD TO ARLINGTON
ROAD, AND NORTH ALONG RICE LAKE ROAD.
Attachments: Attachment 1
Attachment 2
City of Duluth Page 4 Printed on 4/22/2016
City Council Meeting Agenda - Final-revised April 25, 2016
21. 16-0308R RESOLUTION VACATING A PORTION OF A UTILITY EASEMENT
SOUTHEAST OF GRAND AVENUE BETWEEN 75TH AVENUE WEST
AND 78TH AVENUE WEST.
Attachments: Attachment 1
22. 16-0309R RESOLUTION VACATING A PORTION OF THE PLATTED RIGHT OF
WAY OF EAST SUPERIOR STREET, NORTH SECOND AVENUE
EAST, AND THE FIRST STREET ALLEY, ADJACENT TO THE
NORSHOR THEATER AT TWO NORTH SECOND AVENUE EAST
(DULUTH ECONOMIC DEVELOPMENT AUTHORITY).
Attachments: Attachment 1
Attachment 2
Attachment 3
Attachment 4
BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS)
23. 16-0316R RESOLUTION AUTHORIZING A TEMPORARY FIVE (5) YEAR
EASEMENT TO THE STATE OF MINNESOTA FOR HIGHWAY
PURPOSES FOR ITS GRAND AVENUE IMPROVEMENT PROJECT.
Attachments: Exhibit 1 (Parcel 49)
Exhibit 2 (Parcel 49)
Exhibit 3 (Parcel 49)
24. 16-0317R RESOLUTION AUTHORIZING A TEMPORARY FIVE (5) YEAR
EASEMENT TO THE STATE OF MINNESOTA FOR HIGHWAY
PURPOSES FOR ITS GRAND AVENUE IMPROVEMENT PROJECT.
Attachments: Exhibit 1 (Parcel 61)
Exhibit 2 (Parcel 61)
Exhibit 3 (Parcel 61)
25. 16-0318R RESOLUTION AUTHORIZING A TEMPORARY FIVE (5) YEAR
EASEMENT TO THE STATE OF MINNESOTA FOR HIGHWAY
PURPOSES FOR ITS GRAND AVENUE IMPROVEMENT PROJECT.
Attachments: Exhibit 1 (Parcel 60)
Exhibit 2 (Parcel 60)
Exhibit 3 (Parcel 60)
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
26. 16-0288R RESOLUTION AWARDING A CONTRACT TO PARSONS ELECTRIC
LLC FOR THE REMOVAL AND REPLACEMENT OF GENERATORS
AT DULUTH STEAM IN THE AMOUNT OF $156,828.
City of Duluth Page 5 Printed on 4/22/2016
City Council Meeting Agenda - Final-revised April 25, 2016
27. 16-0289R RESOLUTION AWARDING A CONTRACT TO VEIT & COMPANY, INC.
FOR STREAM BANK STABILIZATION AT CHESTER CREEK IN THE
AMOUNT OF $518,187.35.
Attachments: 16-0289R Map
28. 16-0290R RESOLUTION AUTHORIZING THE 2012 ROAD AND BRIDGE
DISASTER RELIEF BOND GRANT AND ACCEPTING A GRANT
FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR
THE OVERLAY OF 63rd AVENUE WEST FROM GRAND AVENUE TO
CODY STREET IN THE AMOUNT OF $62,085.48.
Attachments: 16-0290R Map
Flood Bond Agreement 118-103-006
29. 16-0291R RESOLUTION AUTHORIZING THE 2012 ROAD AND BRIDGE
DISASTER RELIEF BOND GRANT AND ACCEPTING A GRANT
FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR
THE RECLAMATION OF SKYLINE PARKWAY FROM KENWOOD
AVENUE TO BRIDGE NO. L6115 IN THE AMOUNT OF $190,578.60.
Attachments: 16-0291R Map
Flood Bond Agreement 118-179-006
30. 16-0302R RESOLUTION AWARDING A CONTRACT TO GEORGE BOUGALIS &
SONS CO., INC. FOR THE CONGDON BOULEVARD CULVERT
LINING AND REPLACEMENT IN THE AMOUNT OF $956,358.30.
Attachments: 16-0302R Map
31. 16-0306R RESOLUTION REQUESTING A VARIANCE FROM THE MINNESOTA
DEPARTMENT OF TRANSPORTATION AND INDEMNIFYING THE
STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF
A MINNESOTA STATE AID VARIANCE IN THE RECONSTRUCTION
OF SUPERIOR STREET.
Attachments: 16-0306R Map
Parking Layout Variance
32. 16-0315R RESOLUTION APPROVING SETTLEMENT IN THE AMOUNT OF
$35,000 IN THE MATTER OF MARK R. CARLSON AND LYNNE E.
CARLSON VS. CITY OF DULUTH.
33. 16-0319R RESOLUTION AWARDING A CONTRACT TO SHANNON’S INC. FOR
THE LAKEWOOD WATER TREATMENT PLANT HEATING,
VENTILATION AND COOLING SYSTEM IMPROVEMENTS IN THE
AMOUNT OF $940,850.
BY COUNCILOR FOSLE (PUBLIC SAFETY)
City of Duluth Page 6 Printed on 4/22/2016
City Council Meeting Agenda - Final-revised April 25, 2016
34. 16-0303R RESOLUTION AUTHORIZING LICENSE AGREEMENT WITH THE
CITY OF HERMANTOWN TO ALLOW THE HERMANTOWN POLICE
DEPARTMENT LIMITED ACCESS TO THE CITY’S FILE SERVER TO
ACCESS THE BCA MINNESOTA LICENSE PLATE DATA FILE.
Attachments: Exhibit A - Hermantown license agreement
Exhibit B - BCA agreement
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
35. 16-0300R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO
ACCEPT A GRANT FROM THE DULUTH LEGACY FUND IN THE
AMOUNT OF $2,500 FOR TODDLER BOOK BINS AND BOOKS FOR
THE MT. ROYAL BRANCH LIBRARY.
Attachments: Exhibit A - 16-0300R
36. 16-0301R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO
ACCEPT A $2,500 GRANT FROM THE DULUTH LEGACY
ENDOWMENT FUND FOR THE GARY NEW DULUTH COMMUNITY
CENTER AND RECREATION AREA MINI-MASTER PLAN PROJECT.
Attachments: EXHIBIT A - 16-0301R
37. 16-0307R RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF A
HOST SITE AGREEMENT WITH THE MINNESOTA POLLUTION
CONTROL AGENCY FOR THE 2016-2017 PROGRAM YEAR
GREENCORPS MEMBERS.
Attachments: EXHIBIT A - 16-0307R
38. 16-0313R RESOLUTION AUTHORIZING A FIVE (5) YEAR LEASE AGREEMENT
WITH RPK BASEBALL, LLC AND NORTHWOODS LEAGUE, INC.
FOR THE USE OF WADE STADIUM THROUGH 2020.
Attachments: Exhibit 1
END OF CONSENT AGENDA
BY COUNCILOR ANDERSON (PERSONNEL)
39. 16-0295R RESOLUTION CONFIRMING THE APPOINTMENT OF
______________TO THE CIVIL SERVICE BOARD
Attachments: Lon Hanson CSB Application
LonHansonResume-CityofDuluth
Strongitharm CSB Application
John_Strongitharm_Resume_
NEWQUIST APP
City of Duluth Page 7 Printed on 4/22/2016
City Council Meeting Agenda - Final-revised April 25, 2016
INTRODUCTION AND CONSIDERATION OF ORDINANCES
The following entitled ordinances are to be read for the first time:
BY COUNCILOR FOSLE (PUBLIC SAFETY)
40. 16-024-O AN ORDINANCE AMENDING CHAPTER 29A OF THE DULUTH CITY
CODE, 1959, AS AMENDED, TO CLARIFY APPLICATION OF THE
INTERNATIONAL PROPERTY MAINTENANCE CODE FOR THE
HOUSING AND MAINTENANCE CODE FOR THE CITY, PROVIDE A
MECHANISM FOR RESOLVING CONFLICTS BETWEEN THE
PROVISIONS OF CHAPTER 29A AND THE HOUSING AND
PROPERTY MAINTENANCE CODE, AND STRIKE OBSOLETE CODE
LANGUAGE.
The following entitled ordinances are to be read for the second time:
BY COUNCILOR HANSEN (FINANCE)
41. 16-023-O AN ORDINANCE TO AMEND THE BUDGET OF THE CITY OF
DULUTH FOR YEAR 2016 BY INCREASING THE BUDGET BY
$500,000 FOR FUNDING AN ENERGY PLAN.
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
42. 16-022-O AN ORDINANCE AMENDING SECTIONS 50-20.3 COMMERCIAL
USES AND 50-20.5 ACCESSORY USES, TO AMEND EXISTING
STANDARDS FOR VACATION DWELLING UNITS AND ACCESSORY
VACATION DWELLING UNITS. (AS AMENDED)
Attachments: Motion to Amend 16-022-O Sipress
Motion to Amend 16-022-O Hobbs.Filipovich - Passed
Motion to Amend (2) 16-022-O Sipress
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
43. 16-021-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN
REAL PROPERTY ABUTTING RIDGEVIEW ROAD TO THE STATE OF
MINNESOTA FOR AN ENTRANCE TO THE AIR NATIONAL GUARD
FACILITY.
Attachments: Exhibit A
Exhibit B
Exhibit C
COUNCILOR QUESTIONS AND COMMENTS
City of Duluth Page 8 Printed on 4/22/2016
City Council Meeting Agenda - Final-revised April 25, 2016
COUNCILOR PREVIEW OF UPCOMING BUSINESS
City of Duluth Page 9 Printed on 4/22/2016
Get email alerts for Duluth
A daily email when new agendas and minutes are posted.