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 23, 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 APPROVAL OF MINUTES APPROVAL OF MINUTES 1. 16-066 December 2015 Council Minutes Indexes: Attachments: OPS 12.07.2015 OPS 12.14.2015 This Minutes was received. City of Duluth Page 1 City Council Minutes - Final May 23, 2016 PUBLIC HEARING PUBLIC HEARING 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. 16-063 Building Appeal Board Meeting Minutes Indexes: Attachments: 3-9-16 Building Appeal Board Meeting Minutes 4-13-16 Building Appeal Board Meeting Minutes This Board or Commission Report was received. 3. 16-064 AGT Meeting Minutes Indexes: Attachments: 5-11-16 AGT Special Meeting Minutes 4-6-16 AGT Meeting Minutes This Board or Commission Report was received. 4. 16-065 DEDA Special Meeting Minutes Indexes: Attachments: 4-6-16 DEDA Special Meeting Minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES City of Duluth Page 2 City Council Minutes - Final May 23, 2016 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 MOTIONS AND RESOLUTIONS MOTIONS AND RESOLUTIONS CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 5. 16-0329R RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED FOR REASSESSMENT OF PRIOR CANCELED ASSESSMENTS. This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 6. 16-0321R RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF HOSPITALITY ASSOCIATES OF DULUTH, LLC (ACES ON FIRST) 113 WEST FIRST STREET Indexes: Attachments: AGT Report To The Council 16-0321R This Resolution was adopted unanimously. 7. 16-0348R RESOLUTION APPROVING ISSUANCE OF AN ON SALE LIQUOR City of Duluth Page 3 City Council Minutes - Final May 23, 2016 LICENSE, DANCE LICENSE AND SUNDAY LIQUOR LICENSE TO LEISURE HOSPITALITY OF MINNESOTA, LLC (PIER B RESORT & SILO RESTAURANT) , 800 WEST RAILROAD STREET, DULUTH, MN 55802 Indexes: Attachments: PIER B Agenda attach 05-232016 This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Abstain: 1- Hansen 8. 16-0368R RESOLUTION AUTHORIZING A CONTRACT WITH STACK BROS. MECHANICAL CONTRACTORS, INC., TO MODIFY THE GAS BURNER CONTROL SYSTEM FOR TWO BOILERS AT DULUTH ENERGY SYSTEMS IN THE AMOUNT OF $132,600. Indexes: Attachments: Bid Tabulation This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Fosle, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress and Councilor Westerlund Abstain: 1- Councilor Filipovich 9. 16-0379R RESOLUTION AUTHORIZING AN AGREEMENT WITH EVOLVING SOLUTIONS, INC. FOR THE PURCHASE OF HARDWARE, FIVE YEARS OF MAINTENANCE, AND PROFESSIONAL SERVICES FOR THE CONFIGURATION OF AN UPGRADED NETAPP NETWORK DATA STORAGE ARRAY IN THE AMOUNT OF $197,495. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 10. 16-0370R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF NETWORK ADMINISTRATOR. Indexes: City of Duluth Page 4 City Council Minutes - Final May 23, 2016 Attachments: Network Administrator Final Draft.pdf Network Administrator (strikethrough).pdf This Resolution was adopted unanimously. 11. 16-0400R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF SYSTEMS ADMINISTRATOR. Indexes: Attachments: Systems Administrator (strikethrough) Systems Administrator This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 12. 16-0384R RESOLUTION AUTHORIZING AN INCREASE OF $2,106 IN THE ALLOCATION OF HUD FUNDING FOR THE HOME PROGRAM FOR THE 2016 PROGRAM YEAR, WHICH WILL INCREASE THE HOUSING RESOURCE CONNECTION PROJECT FROM $39,695 TO $42,071. THIS INCREASE IS DUE TO AN INCREASE IN ALLOCATION FROM HUD. This Resolution was adopted unanimously. 13. 16-0385R RESOLUTION AUTHORIZING CONTRACTS WITH DULUTH HOUSING REDEVLEOPMENT AUTHORITY IN THE AMOUNTS OF $20,000 IN CDBG FUNDS FOR THE COORDINATED ASSESSMENT PROJECT FROM THE 2015 CDBG PROGRAM YEAR AND $12,000 FROM THE 2016 CDBG PROGRAM YEAR. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) City of Duluth Page 5 City Council Minutes - Final May 23, 2016 BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 14. 16-0359R RESOLUTION AMENDING RESOLUTION 16-0157 SUBSTITUTING THE NAME OF THE CORRECT GRANTOR AND SUBSTITUTING A NEW EASEMENT AGREEMENT. Indexes: Attachments: Exhibit A - Updated Easement This Resolution was adopted unanimously. 15. 16-0374R RESOLUTION AMENDING RESOLUTION 13-0161R AUTHORIZING A MN/DOT PARTNERSHIP AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION, INCREASING THE AMOUNT OF THE CITY’S OBLIGATION BY $13,755.46 FOR A NEW TOTAL OF $115,113.12. Indexes: Attachments: 16-0374R Map 16-0374R Schedule I This Resolution was adopted unanimously. 16. 16-0386R RESOLUTION AWARDING A CONTRACT TO JMF CONSTRUCTION, INC. FOR THE 2016 CITYWIDE PATCH AND SIDEWALK PROJECT IN THE AMOUNT OF $121,545. This Resolution was adopted unanimously. 17. 16-0388R RESOLUTION AMENDING A CONTRACT WITH HANCO UTILITIES, INC. FOR CONSTRUCTION OF THE 2015 HIGH PRESSURE GAS MAINS AND SERVICES IN THE AMOUNT OF $505,946.98 FOR A NEW TOTAL OF $1,560,003.19. This Resolution was adopted unanimously. 18. 16-0396R RESOLUTION OF INTENT TO INSTALL A NEW GAS MAIN FROM HAINES ROAD TO 250 FEET WEST OF CENTERLINE OF WASHINGTON STREET. City of Duluth Page 6 City Council Minutes - Final May 23, 2016 Indexes: Attachments: 16-0396R Map This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 19. 16-0331R RESOLUTION AUTHORIZING SECOND AMENDMENT TO CITY CONTRACT NO. 21739 WITH THE STATE OF MINNESOTA HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION FOR CONTINUED PROVISION OF HAZARDOUS MATERIALS CHEMICAL ASSESSMENT TEAM SERVICES THROUGH SEPTEMBER 30, 2017, IN THE AMOUNT OF $75,000 PLUS CERTAIN COSTS REIMBURSEMENTS FOR A TOTAL CONTRACT AMOUNT OF $255,000. Indexes: Attachments: Exhibit A - Amendment 2 This Resolution was adopted unanimously. 20. 16-0383R RESOLUTION AUTHORIZING A PARKING MANAGEMENT AGREEMENT WITH INTERSTATE PARKING COMPANY OF MINNESOTA LLC FOR PARKING MANAGEMENT SERVICES RELATED TO THE 410 WEST 1ST STREET PUBLIC PARKING RAMP. Indexes: Attachments: Attachment - 410 W. 1st Street Parking Agree w. exhibits This Resolution was adopted unanimously. BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 21. 16-0387R RESOLUTION AMENDING RESOLUTION 15-0831, ADOPTING LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR 2016, TO AMEND THE ACCESSORY HOME SHARE FEE TO $25 PER YEAR. City of Duluth Page 7 City Council Minutes - Final May 23, 2016 This Resolution was adopted unanimously. 22. 16-0390R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH AREA FAMILY YMCA FOR THE OPERATION AND MANAGEMENT OF THE CITY’S PARK POINT BEACH HOUSE AND RECREATION AREA DURING THE 2016 SUMMER SEASON. Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 23. 16-0341R RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) 2017 FREIGHTLINER CABS AND CHASSIS FROM I-STATE TRUCK IN THE AMOUNT OF $250,946.67 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 24. 16-0342R RESOLUTION AUTHORIZING A CONTRACT WITH CRYSTEEL TRUCK EQUIPMENT FOR THE PURCHASE AND INSTALLATION OF EQUIPMENT AND SUPPLIES TO FULLY OUTFIT THREE (3) 2017 FREIGHTLINER CABS/CHASSIS FOR SNOW REMOVAL AND SANDING IN THE AMOUNT OF $290,677.58 This Resolution was adopted unanimously. 25. 16-0382R RESOLUTION AUTHORIZING AN AGREEMENT WITH BARR ENGINEERING CO. FOR SURFACE AND GROUNDWATER MONITORING AT ENGER GOLF COURSE IN THE AMOUNT OF $73,000. City of Duluth Page 8 City Council Minutes - Final May 23, 2016 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 26. 16-0381R RESOLUTION OF INTENT TO SUPPORT THE REQUEST BY CENTER CITY HOUSING CORPORATION FOR THE AWARD OF LOW-INCOME HOUSING TAX CREDITS FOR GARFIELD SQUARE APARTMENTS. This Resolution was tabled. Yea: 8- Councilor Anderson, Councilor Fosle, Hansen, Hanson, President Hobbs, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Russ BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 27. 16-0378R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC FOR THE 2016 STREET PRESERVATION PROJECT IN THE AMOUNT OF $342,286.77. Indexes: Attachments: 16-0378R Map This Resolution was adopted unanimously. 28. 16-0380R RESOLUTION AWARDING A CONTRACT TO JMF CONSTRUCTION, INC. FOR THE 2016 MANHOLE ADJUSTMENT AND BOLLARD INSTALLATION PROJECT IN THE AMOUNT OF $167,500. This Resolution was adopted unanimously. 29. 16-0391R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB INC. FOR City of Duluth Page 9 City Council Minutes - Final May 23, 2016 PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN SERVICES FOR A RETROFIT OF THE DULUTH MINNESOTA SLIP PEDESTRIAN BRIDGE IN THE AMOUNT NOT TO EXCEED $329,468.00. Indexes: Attachments: 16-0391R Map 16-0391R Proposal This Resolution was adopted. Yea: 7- Councilor Anderson, Hansen, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 2- Councilor Fosle and Hanson BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 30. 16-0377R RESOLUTION AUTHORIZING DISBURSEMENT OF GRANT FUNDS IN THE AMOUNT OF $50,000 FROM THE PARKS FUND NEIGHBORHOOD GRANT PROGRAM. Indexes: Attachments: Sample Grant Agreement This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Fosle, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress and Councilor Westerlund Abstain: 1- Councilor Filipovich 31. 16-0389R RESOLUTION AUTHORIZING A THREE YEAR AGREEMENT WITH THE DULUTH SOFTBALL PLAYERS ASSOCIATION, INC. FOR THE OPERATION OF THE WHEELER FIELD SOFTBALL COMPLEX CONCESSIONS BUILDING. Indexes: Attachments: Exhibit 1 This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Fosle, Hansen, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Hanson City of Duluth Page 10 City Council Minutes - Final May 23, 2016 INTRODUCTION AND CONSIDERATION OF ORDINANCES INTRODUCTION AND CONSIDERATION OF ORDINANCES ORDINANCES TABLED ORDINANCES TABLED 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) 32. 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 This Ordinance was adopted. Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund 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 11