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, June 13, 2016 7:00 PM Council Chamber ROLL CALL Moment of silence for the victims of the Orlando shooting. 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. 16-076 January and February 2016 City Council Meeting Minutes Indexes: Attachments: OPS 1-7-2016 OPS 1-11-2016 OPS 1-25-2016 OPS 2-8-2016 OPS 2-22-2016 City of Duluth Page 1 City Council Minutes - Final June 13, 2016 This Minutes was received. PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 2. 16-069 Garfield Square Apartment Communications Indexes: Attachments: Garfield Square - letter of support Andy Goldine Communication - Garfield Square Apartments Dehlia Garfield Square Apartments Communication Pamela Kramer - Garfield Square Apartments Communication AT HOME DULUTH LINCOLN PARK BUSINESS GROU ST LOUIS COUNTY- HDC CHUM This Petition/Other Communication was received. REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS Distinguished Artist Award Honoring Jason from Beaners / Woodblind. Distinguished Artist Award Honoring - Jason from Beaners/Woodblind 3. 16-067 Clerk Applications for Exempt Permit for The ALS Association, MN/ND/SD Chapter raffle to be held on February 4, 2017 at Cirrus Aircraft. Indexes: Attachments: ALS EXEMPT PERMIT-Attachment A This Other Officers Report was received. City of Duluth Page 2 City Council Minutes - Final June 13, 2016 4. 16-068 Clerk Applications for Exempt Permit for The NORTHERN LIGHTS FOUNDATION raffle to be held on August 25, 2016 at Wade Stadium. Attachment A Indexes: Attachments: NORTHERN LIGHTS FOUNDATION-05312016092551 This Other Officers Report was received. 5. 16-075 Duluth Airport Authority Audit Report Indexes: Attachments: Duluth Airport Authority Audit Report This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 6. 16-070 DTA Board of Directors Meeting Minutes Indexes: Attachments: 3-30-16 DTA BOD Meeting Minutes This Board or Commission Report was received. 7. 16-071 Civil Service Board Meeting Minutes Indexes: Attachments: 04-05-16 Civil Service Board Meeting Minutes This Board or Commission Report was received. 8. 16-072 Duluth Public Utilites Commission Meeting Minutes Indexes: Attachments: 4-19-16 DPUC Meeting Minutes This Board or Commission Report was received. City of Duluth Page 3 City Council Minutes - Final June 13, 2016 9. 16-073 Library Board Meeting Minutes Indexes: Attachments: 4-22-16 Library Board Meeting Minutes This Board or Commission Report was received. 10. 16-074 DEDA Meeting Minutes Indexes: Attachments: 4-27-16 DEDA Meeting Minutes 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 RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 11. 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 adopted Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle City of Duluth Page 4 City Council Minutes - Final June 13, 2016 MOTIONS AND RESOLUTIONS MOTIONS AND RESOLUTIONS CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 12. 16-0375R RESOLUTION AMENDING RESOLUTION 15-0831, ADOPTING LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR 2016, TO ADD FEE FOR TEMPORARY USE PERMITS ISSUED FOR TEMPORARY USES (ZONING - PARKLETS) OCCUPYING METERED PARKING SPACES. Indexes: Attachments: Healthy Duluth Area Coalition PARKLET REPORT FINAL This Resolution was adopted unanimously. 13. 16-0404R RESOLUTION APPROVING A TRANSFER IN THE AMOUNT OF $762,440 FROM THE DECC REVENUE FUND TO THE CAPITAL IMPROVEMENT FUND TO FINANCE DESIGN AND ENGINEERING CONTRACTS FOR THE REHABILITATION OF THE MINNESOTA SLIP PEDSTRIAN BRIDGE AND SEAWALL IMPROVEMENTS. This Resolution was adopted unanimously. 14. 16-0439R RESOLUTION AUTHORIZING THE CITY TO PROVIDE A $4,000,000 LINE OF CREDIT TO THE DULUTH AIRPORT AUTHORITY TO ASSIST WITH CASH FLOW MANAGEMENT This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PURCHASING & LICENSING) City of Duluth Page 5 City Council Minutes - Final June 13, 2016 BY COUNCILOR HOBBS (PURCHASING & LICENSING) 15. 16-0240R RESOLUTION APPROVING ISSUANCE OF AN ON SALE WINE LICENSE TO SAMMYS PIZZA OF DULUTH, INC (SAMMYS PIZZA AND RESTAURANT), 103 WEST FIRST STREET, DULUTH, MN 55802 Indexes: Attachments: Attachment A-Sammy's Pizza 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 16. 16-0410R RESOLUTION APPROVING THE TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE AND TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: ALPINE BAR AND LOUNGE Attachment A THE REEF BAR Attachment B SUMMER BREW FEST-Attachment D SUMMER BREWFEST Attachment C SIR BENS Attachment E SIR BENS Attachment F BEDROCK-Attachment G SHOTZ BAR-Attachment H RIDGEVIEW COUNTRY CLUB-Attachment I Red Herring Super BIg Block Party - Attachment J Red Herring Expansion - Attachment K 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 17. 16-0414R RESOLUTION AUTHORIZING THE PURCHASE FROM PRECISE MRM, LLC, FOR TWELVE MONTHS OF GPS/AVL SYSTEM USAGE IN THE AMOUNT OF $131,250 City of Duluth Page 6 City Council Minutes - Final June 13, 2016 This Resolution was adopted unanimously. 18. 16-0415R RESOLUTION AUTHORIZING THE PURCHASE OF A NEW 2016 ELGIN PELICAN STREET SWEEPER FROM MACQUEEN EQUIPMENT IN THE AMOUNT OF $193,459 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 19. 16-0416R RESOLUTION AUTHORIZING AN INCREASE TO PURCHASE ORDER 2016-00000042 IN THE AMOUNT OF $45,000 TO COVER ADDITIONAL DEALER REPAIRS TO VACTORS AND ELGIN STREET SWEEPERS This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 20. 16-0401R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF UTILITIES INFORMATION SPECIALIST, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Utilities Information Specialist This Resolution was adopted unanimously. 21. 16-0405R RESOLUTION CONFIRMING THE APPOINTMENT OF LON HANSON TO THE ALCOHOL, GAMBLING AND TOBACCO COMMISSION, REPLACING CHRIS PEKKALA Indexes: Attachments: Lon Hanson This Resolution was adopted unanimously. 22. 16-0406R RESOLUTION CONFIRMING THE APPOINTMENT OF DON NESS TO THE ENTERTAINMENT AND CONVENTION CENTER AUTHORITY City of Duluth Page 7 City Council Minutes - Final June 13, 2016 Indexes: Attachments: Don Ness This Resolution was adopted unanimously. 23. 16-0407R RESOLUTION CONFIRMING THE APPOINTMENT OF JODI L.T. ROBERTS TO THE PARKS AND REC COMMISSION, FILLING THE RECREATION PROFESSIONAL VACANCY Indexes: Attachments: Jodi R.T. Roberts This Resolution was adopted unanimously. 24. 16-0408R RESOLUTION CONFIRMING THE APPOINTMENTS OF LIZZY LUOMA, NEIL GLAZMAN AND DAVID SPERL TO THE LIBRARY BOARD REPLACING FRANK JEWELL, DANIEL D’ALLAIRD AND JANE BRISSETT. Indexes: Attachments: Neil Glazman Lizzy Luoma David Sperl This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Fosle, Hansen, Hanson, President Hobbs, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Abstain: 1- Councilor Russ 25. 16-0409R RESOLUTION CONFIRMING THE APPOINTMENT OF AARON BRANSKY TO THE DULUTH TRANSIT AUTHORITY Indexes: Attachments: Aaron Bransky This Resolution was adopted unanimously. 26. 16-0412R RESOLUTION CONFIRMING THE REAPPOINTMENTS OF JAY SEILER AND CARRIE HEFFERNAN TO THE ENTERTAINMENT AND CONVENTION CENTER AUTHORITY City of Duluth Page 8 City Council Minutes - Final June 13, 2016 This Resolution was adopted unanimously. 27. 16-0413R RESOLUTION CONFIRMING THE REAPPOINTMENT OF JOHN BROSTROM TO THE DULUTH TRANSIT AUTHORITY This Resolution was adopted unanimously. 28. 16-0441R RESOLUTION CONFIRMING THE REAPPOINTMENT OF JULENE BOE TO THE WESTERN LAKE SUPERIOR SANITARY DISTRICT BOARD This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 29. 16-0418R RESOLUTION REPROGRAMMING FUNDS FROM THE 2011 PROGRAM YEAR IN THE AMOUNT OF $10,000; FROM THE 2012 PROGRAM YEAR IN THE AMOUNT OF $500; AND FROM THE 2014 PROGRAM YEAR IN THE AMOUNT OF $15,000 FOR A TOTAL OF $25,500 FOR THE JAY STREET DEVELOPMENT PROJECT BY ONE ROOF. This Resolution was adopted unanimously. 30. 16-0419R RESOLUTION REPROGRAMMING FUNDS FROM THE 2011 PROGRAM YEAR IN THE AMOUNT OF $57,000 TO THE 2015 PROGRAM YEAR FOR THE JAY STREET DEVELOPMENT PROJECT BY ONE ROOF. This Resolution was adopted unanimously. 31. 16-0424R RESOLUTION OF INTENT TO RECONVEY CERTAIN REAL PROPERTY IN THE KENWOOD NEIGHBORHOOD TO THE STATE OF MINNESOTA. City of Duluth Page 9 City Council Minutes - Final June 13, 2016 This Resolution was adopted unanimously. 32. 16-0428R RESOLUTION AUTHORIZING THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA, TO FORGIVE PARTIAL AMOUNTS OF A REHABILITATION LOAN MADE UNDER THE SINGLE FAMILY HOMEOWNER REHABILITATION PROGRAM. This Resolution was adopted unanimously. BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS) BY COUNCILOR HANSON (INTERGOVERNMENTAL RELATIONS) 33. 16-0422R RESOLUTION AUTHORIZING ACCEPTANCE OF A QUIT CLAIM DEED FROM THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, FOR REAL PROPERTY ADJACENT OR NEAR CENTRAL ENTRANCE FOR TRUNK HIGHWAY PURPOSES. Indexes: Attachments: Exhibit A-Quit Claim Deed Exhibit B This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 34. 16-0423R RESOLUTION AUTHORIZING THE TERMINATION AND RELEASE OF CERTAIN DECLARATIONS AFFECTING VACATED EASEMENTS AND EXECUTION OF A NEW DECLARATION IN THE PLAT OF ATLAS INDUSTRIAL PARK. Indexes: Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E City of Duluth Page 10 City Council Minutes - Final June 13, 2016 This Resolution was adopted unanimously. 35. 16-0427R RESOLUTION AWARDING A CONTRACT TO A PLUS LANDSCAPING, LLC FOR STREAM BANK STABILIZATION AT MILLER CREEK IN THE AMOUNT OF $138,923.50. Indexes: Attachments: 16-0427R Map This Resolution was adopted unanimously. 36. 16-0438R RESOLUTION AWARDING A CONTRACT TO GEORGE BOUGALIS AND SONS CO. FOR CONSTRUCTION OF THE 18TH AVENUE EAST GAS MAIN TO UMD AND MISCELLANEOUS GAS MAINS AND SERVICES AT VARIOUS LOCATIONS IN THE AMOUNT OF $1,237,505.55. Indexes: Attachments: 16-0427R Map This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 37. 16-0437R RESOLUTION ADOPTING SKYWALK CLEANING AND MAINTENANCE EXPECTATIONS, STANDARDS, AND PROCEDURES PURSUANT TO THE AUTHORITY GRANTED UNDER SECTIONS 44A-12 AND 44A-16 OF THE DULUTH CITY CODE. Indexes: Attachments: Exhibit A Exhibit B Exhibit C Exhibit D This Resolution was tabled. END OF CONSENT AGENDA END OF CONSENT AGENDA City of Duluth Page 11 City Council Minutes - Final June 13, 2016 The following entitled resolutions are also to be considered: The following entitled resolutions are also to be considered: BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 38. 16-0426R RESOLUTION AUTHORIZING AN AGREEMENT WITH EVER-GREEN ENERGY FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN SERVICES FOR THE CONSTRUCTION OF A DISTRICT ENERGY HOT WATER SYSTEM ALONG SUPERIOR STREET FROM FOURTH AVENUE EAST TO SEVENTH AVENUE WEST IN AN AMOUNT NOT TO EXCEED $99,457. Indexes: Attachments: 16-0426R Map 16-0426R Proposal This Resolution was adopted Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 39. 16-0436R RESOLUTION AUTHORIZING A TEN (10) YEAR MANAGEMENT AGREEMENT BETWEEN THE CITY OF DULUTH AND THE ARROWHEAD ZOOLOGICAL SOCIETY, INC. Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. 40. 16-0440R RESOLUTION ADOPTING AN EMERALD ASH BORER (EAB) MANAGEMENT PLAN Indexes: Attachments: EXHIBIT A - 16-0440R Speaker Louise Levy City of Duluth Page 12 City Council Minutes - Final June 13, 2016 Mr. Filby Williams This Resolution was tabled. 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 RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 41. 16-027-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH AS REFERENCED IN CHAPTER 50 OF THE DULUTH CITY CODE, 1959, AS AMENDED, TO PROVIDE FOR THE RECLASSIFICATION FROM RR-1 AND I-G TO P-1, FOR QUARRY PARK . Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 42. 16-028-O AN ORDINANCE TO OPT-OUT OF THE REQUIREMENTS OF MINN. STAT. 462.3593 (2016), THE TEMPORARY FAMILY HEALTHCARE DWELLINGS STATUTE. This Ordinance was read for the first time. 43. 16-029-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE KENWOOD NEIGHBORHOOD TO THE STATE OF MINNESOTA. Indexes: City of Duluth Page 13 City Council Minutes - Final June 13, 2016 Attachments: Exhibit A 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 HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 44. 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 adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 14