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, May 9, 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 PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 1. 16-061 Hartley Nature Center Communication Indexes: Attachments: Dan Mundt Communication This Petition/Other Communication was received. City of Duluth Page 1 City Council Minutes - Final May 9, 2016 REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS 2. 16-052 Clerk Applications for Exempt Permit for Womens Care Center (Raffle and Bingo), Welch Center (Bingo), Lake Superior Marine Museum Association (Raffle) Indexes: Attachments: WOMENS CARE CENTER WELCH CENTER MARINE MUSEUM This Other Officers Report was received. 3. 16-053 Clerk applications for Exempt Permits to the Minnesota Gambling Control Board from Gary-New Duluth Community Club (excluded bingo) and Order of Ahepa Chapter #267 of Duluth (excluded bingo). Indexes: Attachments: GARY COMMUNITY CLUB ORDER OF AHEPA CHAPTER 267 BINGO This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 4. 16-054 HRA Minutes Indexes: Attachments: HRA Minutes 1.26.16 HRA Minutes 3.1.16 HRA Minutes 3.30.16 HRA Minutes 11.24.15 City of Duluth Page 2 City Council Minutes - Final May 9, 2016 This Board or Commission Report was received. 5. 16-055 Civil Service Board Minutes Indexes: Attachments: Civil Service Board Minutes 3.1.16 This Board or Commission Report was received. 6. 16-056 DPUC Minutes Indexes: Attachments: DPUC Minutes 3.15.16 DPUC Water Rate Public Hearing Minutes 3.15.16 This Board or Commission Report was received. 7. 16-057 DTA Minutes Indexes: Attachments: DTA Board of Directors Minutes 2.14.16 DTA Financial Statement Feb 2016 This Board or Commission Report was received. 8. 16-058 Spirit Mountain FY17 Budget Indexes: Attachments: FY17 Spirit Mt Council Presentation _ April 2016 This Board or Commission Report was received. 9. 16-059 Library Board Minutes Indexes: Attachments: Library Board Minutes 3.22.16 This Board or Commission Report was received. 10. 16-060 Planning Commission Minutes City of Duluth Page 3 City Council Minutes - Final May 9, 2016 Indexes: Attachments: PC Minutes 4.1.16 (not approved yet) 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 MOTIONS AND RESOLUTIONS MOTIONS AND RESOLUTIONS CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 11. 16-0347R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: ATTACHMENT C GRANDMAS INC ATTACHMENT D ANGIES ATTACHMENT E TAP HOUSE ATTACHMENT A SPORTS GARDEN ATTACHMENT B CLUB SARATOGA AMENDED This Resolution was adopted unanimously. Yea: 8- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich Abstain: 1- Hansen City of Duluth Page 4 City Council Minutes - Final May 9, 2016 12. 16-0351R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT 22364 WITH CARDNO, INC., FOR ADDITIONAL PROFESSIONAL SERVICES IN THE STREAM RESTORATION OF MILLER CREEK, AN INCREASE OF $6,000, AND AN AMENDED TOTAL NOT TO EXCEED $82,600. Indexes: Attachments: Amendment No. 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 13. 16-0352R RESOLUTION AUTHORIZING A CONTRACT WITH TRAIL SOURCE, LLC., FOR THE TRAIL REPAIR AND IMPROVEMENTS AT CHESTER PARK, CONGDON PARK AND HARTLEY PARK IN THE AMOUNT OF $343,224.36. Indexes: Attachments: Bid Tabulation Chester Map Congdon Map Hartley 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 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 14. 16-0265R RESOLUTION AUTHORIZING CITY OFFICIALS TO DONATE A DISPLAY CASE TO THE LAKE SUPERIOR CENTER DBA GREAT LAKES AQUARIUM TO SHOWCASE A SCALE MODEL OF THE AERIAL LIFT BRIDGE BUILT BY RALPH W. ANDRES. Indexes: Attachments: Exhibit A - Model Aerial Lift Bridge This Resolution was adopted unanimously. City of Duluth Page 5 City Council Minutes - Final May 9, 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) 15. 16-0338R RESOLUTION ACCEPTING TEMPORARY AND PERMANENT EASEMENTS FOR STREET AND UTILITY PURPOSES NEAR KENWOOD AVE. AND ARROWHEAD ROAD FROM KENWOOD VILLAGE LLC. Indexes: Attachments: Exhibit A (16-0338R) Exhibit B (16-0338R) This Resolution was adopted unanimously. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 16. 16-0346R 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 REDUCTION IN ROADWAY WIDTH FROM 38 FEET TO 36 FEET ON PORTIONS OF THIRD AVENUE WEST AND SECOND AVENUE WEST. Indexes: Attachments: 16-0364R 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 BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 17. 16-0336R RESOLUTION APPOINTING THE TECHNICAL SERVICES COORDINATOR OF THE DULUTH FIRE DEPARTMENT TO SERVE ON THE USER COMMITTEE OF THE NORTHEAST MINNESOTA REGIONAL RADIO BOARD. City of Duluth Page 6 City Council Minutes - Final May 9, 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 18. 16-0344R RESOLUTION AUTHORIZING MUTUAL AID AGREEMENT WITH THE CITY OF MINNEAPOLIS, MINNESOTA. Indexes: Attachments: Document 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 BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 19. 16-0328R RESOLUTION GRANTING APPROVAL AND IMPLEMENTATION OF THE QUARRY PARK MINI-MASTER PLAN; DEDICATING THE PROPERTY AS A PARK AND NAMING THE SITE QUARRY PARK. Indexes: Attachments: EXHIBIT A - 16-0328R This Resolution was adopted unanimously. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 20. 16-0332R RESOLUTION AUTHORIZING APPLICATION TO THE GREATER MINNESOTA REGIONAL PARKS AND TRAILS COMMISSION TO REQUEST REGIONAL DESIGNATION FOR HARTLEY PARK. Indexes: Attachments: EXHIBIT A - 16-0332R EXHIBIT B - 16-0332R 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 7 City Council Minutes - Final May 9, 2016 21. 16-0333R RESOLUTION AUTHORIZING APPLICATION TO THE GREATER MINNESOTA REGIONAL PARKS AND TRAILS COMMISSION TO REQUEST REGIONAL DESIGNATION FOR THE ST. LOUIS RIVER CORRIDOR RECREATION AREA. Indexes: Attachments: EXHIBIT A - 16-0333R EXHIBIT B - 16-0333R 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. 16-0334R RESOLUTION AUTHORIZING APPLICATION TO THE GREATER MINNESOTA REGIONAL PARKS AND TRAILS COMMISSION TO REQUEST REGIONAL DESIGNATION FOR THE LAKEWALK CORRIDOR RECREATION AREA. Indexes: Attachments: EXHIBIT A - 16-0334R EXHIBIT B - 16-0334R This Resolution was adopted unanimously. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 23. 16-0335R RESOLUTION AUTHORIZING APPLICATION TO, AND ACCEPTANCE OF, IF OFFERED, THE NATIONAL PARK SERVICE LAND AND WATER CONSERVATION FUND STATE AND LOCAL ASSISTANCE PROGRAM OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM (LWCF ORLP) FOR $750,000 IN GRANT FUNDS TO IMPLEMENT THE LINCON PARK MINI-MASTER PLAN. Indexes: Attachments: EXHIBIT A - 16-0335R EXHIBIT B - 16-0335R Exhibit C - Project 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 City of Duluth Page 8 City Council Minutes - Final May 9, 2016 END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 24. 16-0343R RESOLUTION AUTHORIZING THE PURCHASE OF A FIRE RESCUE VEHICLE FROM CUSTOM FIRE APPARATUS, INC. IN THE AMOUNT OF $632,632 AND STATING THE INTENT TO ISSUE GENERAL OBLIGATION NOTES Indexes: Attachments: Bid Tabulation A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress and Councilor Filipovich Nay: 1- Councilor Fosle BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 25. 16-0372R RESOLUTION CONFIRMING THE APPOINTMENT OF MICHAEL TUSKEN AS POLICE CHIEF FOR THE CITY OF DULUTH. This Resolution was adopted unanimously. Yea: 9- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress, Councilor Fosle and Councilor Filipovich 26. 16-0373R RESOLUTION CONFIRMING THE APPOINTMENT OF DENNIS EDWARDS AS FIRE CHIEF FOR THE CITY OF DULUTH. 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 9 City Council Minutes - Final May 9, 2016 BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 27. 16-0345R RESOLUTION APPROVING SETTLEMENT IN THE MATTER OF MARK TUCKER VS CITY OF DULUTH IN THE AMOUNT OF $25,000 AND PURSUANT TO THE TERMS OF THE MEDIATED SETTLEMENT AGREEMENT. Indexes: Attachments: Exhibit A Mediated Settlement 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 INTRODUCTION AND CONSIDERATION OF ORDINANCES INTRODUCTION AND CONSIDERATION OF ORDINANCES ORDINANCES TABLED ORDINANCES TABLED BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 28. 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 to amend, motion was seconded and failed by the following vote: (Sipress 200ft) Yay - 2 Councilors Russ and Sipress Nay - 7 Councilors Anderson, Fosle, Hansen, Hanson, Hobbs, Westerlund and City of Duluth Page 10 City Council Minutes - Final May 9, 2016 President Filipovich A motion was made to amend, motion was seconded and passed by the following vote: (Sipress Parking) Yay - 8 Councilors Anderson, Hansen, Hanson, Hobbs, Russ, Sipress, Westerlund and President Filipovich Nay - 1 Councilor Fosle A motion was made to amend, motion was seconded and failed by the following vote: (Filipovich.Hansen) Yay - 4 Councilors Fosle, Hansen, Hanson and President Filipovich. Nay - 5 Coucilors Anderson, Hobbs, Russ, Sipress and Westerlund. A motion was made to amend, motion was seconded and carried unanimously. (Sipress Permit Adjustment) This Ordinance was read for the first time. 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 HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 29. 16-025-O AN ORDINANCE AMENDING SECTION 41-23 OF DULUTH CITY CODE, 1959, AS AMENDED, TO ALLOW ELECTRONIC BID POSTINGS, BIDS, AND SECURE BONDS FOR CITY CONTRACTS EXCEEDING $100,000. This Ordinance was read into the record. 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 FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 30. 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 11 City Council Minutes - Final May 9, 2016 A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 8- Hanson, Councilor Russ, President Hobbs, Councilor Westerlund, Hansen, Councilor Anderson, Councilor Sipress and Councilor Filipovich Nay: 1- Councilor Fosle COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 12