City Council
Regular MeetingDuluth, MN · June 27, 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, June 27, 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
PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS
PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS
1. 16-082 State of Minnesota Office of the State Auditor - Management and
Compliance Report
Indexes:
Attachments: Management & Compliance Report - Office of the State Auditor (1)
Management & Compliance Report - Office of the State Auditor
City of Duluth Page 1
City Council Minutes - Final June 27, 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. 16-085 DPUC Resolution 16PUC-005
Gas reconnect penalty
Indexes:
Attachments: 16PUC-005 gas reconnect penalty approved 06212016
This Board or Commission Report was received.
3. 16-086 DPUC Resolution 16PUC-006
Water reconnect pentaly
Indexes:
Attachments: 16PUC-006 water reconnect penalty approved 06212016
This Board or Commission Report was received.
4. 16-087 DPUC Resolution 16PUC-007
Credit card processing fee
Indexes:
Attachments: 16PUC-007 credit card processing fee request approved 06212016
This Board or Commission Report was received.
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL OPEN ISSUES
City of Duluth Page 2
City Council Minutes - Final June 27, 2016
REPORTS OF COUNCIL OPEN ISSUES
OPPORTUNITY FOR CITIZENS TO BE HEARD
OPPORTUNITY FOR CITIZENS TO BE HEARD
RESOLUTIONS TABLED
RESOLUTIONS TABLED
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
5. 16-0440R RESOLUTION ADOPTING AN EMERALD ASH BORER (EAB)
MANAGEMENT PLAN
Indexes:
Attachments: EXHIBIT A - 16-0440R
Resolution remains on the table.
This Resolution was tabled.
MOTIONS AND RESOLUTIONS
MOTIONS AND RESOLUTIONS
CONSENT AGENDA
CONSENT AGENDA
BY COUNCILOR HANSEN (FINANCE)
BY COUNCILOR HANSEN (FINANCE)
6. 16-0443R RESOLUTION CONFIRMING THE ASSESSMENT ROLL OF
DELINQUENT SOLID WASTE COLLECTION FEES DURING PERIOD
OF MARCH 1, 2015, TO JUNE 1, 2016.
Indexes:
Attachments: Exhibit A
This Resolution was adopted unanimously.
City of Duluth Page 3
City Council Minutes - Final June 27, 2016
7. 16-0447R RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR
ASSESSMENTS LEVIED AGAINST PROPERTY WITH REGARD TO
PROPERTY VIOLATIONS DURING PERIOD OF APRIL 1, 2015, TO
APRIL 1, 2016.
Indexes:
Attachments: Exhibit A
This Resolution was adopted unanimously.
8. 16-0448R RESOLUTION CONFIRMING THE ASSESSMENT ROLL OF
DELINQUENT UTILITY FEES DURING THE PERIOD OF JANUARY 1,
2015, TO DECEMBER 31, 2015.
Indexes:
Attachments: Exhibit A
This Resolution was adopted unanimously.
BY COUNCILOR HOBBS (PURCHASING & LICENSING)
BY COUNCILOR HOBBS (PURCHASING & LICENSING)
9. 16-0479R RESOLUTION AUTHORIZING A CONTRACT WITH RW FERN
ASSOCIATES, INC. - AIA ARCHITECTS FOR ARCHITECTURAL
SERVICES FOR THE DESIGN OF CITY HALL INTERIOR RENOVATIONS
AND DEPARTMENTAL SPACE PLANNING FOR AN AMOUNT NOT TO
EXCEED $156,650.
Indexes:
Attachments: Architectural Agreement 6.20.16
This Resolution was adopted unanimously.
10. 16-0483R RESOLUTION AUTHORIZING THE PURCHASE OF 5,100 TONS OF
ROAD SALT FROM COMPASS MINERALS AMERICA INC. IN THE
AMOUNT OF $301,053.
This Resolution was adopted unanimously.
11. 16-0485R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
City of Duluth Page 4
City Council Minutes - Final June 27, 2016
AGREEMENT WITH LHB, INC. FOR MASTER PLANNING SERVICES
FOR THE WESTERN WATERFRONT PARKS AND TRAIL FOR A TOTAL
NOT TO EXCEED OF $70,992.
Indexes:
Attachments: Exhibit A 7.12.16
This Resolution was tabled.
BY COUNCILOR ANDERSON (PERSONNEL)
BY COUNCILOR ANDERSON (PERSONNEL)
12. 16-0456R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE
NEW CIVIL SERVICE CLASSIFICATION OF CONSTRUCTION
PROJECT SUPERVISOR, AND SPECIFYING CONTRACT BENEFITS
FOR SAME.
Indexes:
Attachments: Construction Project Supervisor
This Resolution was adopted unanimously.
13. 16-0458R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE
NEW CIVIL SERVICE CLASSIFICATION OF SENIOR NETWORK
ADMINISTRATOR, AND SPECIFYING CONTRACT BENEFITS FOR
SAME.
Indexes:
Attachments: Senior Network Administrator
This Resolution was adopted unanimously.
14. 16-0459R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE
NEW CIVIL SERVICE CLASSIFICATION OF SENIOR SYSTEMS
ADMINISTRATOR, AND SPECIFYING CONTRACT BENEFITS FOR
SAME.
Indexes:
Attachments: Senior Systems Administrator
This Resolution was adopted unanimously.
City of Duluth Page 5
City Council Minutes - Final June 27, 2016
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
15. 16-0465R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER
INTO AN AGREEMENT WITH AND ACCEPT FUNDS FROM THE
MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC
DEVELOPMENT FOR PROVISION OF WORKFORCE INVESTMENT
ACT TITLE I SERVICES, MINNESOTA YOUTH PROGRAM SERVICES
AND OLDER AMERICAN PRORAM SERVICES FOR THE PERIOD JULY
1, 2016 - JUNE 30, 2021.
Indexes:
Attachments: Attachment A - Master Grant Contract DULUTH2016M
This Resolution was adopted unanimously.
16. 16-0476R RESOLUTION ACCEPTING A CERTIFIED LOCAL GOVERNMENT
GRANT OF $15,000 FROM THE MINNESOTA STATE HISTORICAL
SOCIETY AND APPROVING LOCAL MATCH OF $5,000 AND $5,400 OF
IN-KIND SERVICES TO CONDUCT AN INTENSIVE SURVEY OF
HISTORIC RESOURCES IN A PORTION OF THE LINCOLN PARK
NEIGHBORHOOD.
Indexes:
Attachments: Attachment 1
This Resolution was adopted unanimously.
17. 16-0477R RESOLUTION DISCLOSING A POTENTIAL CONFLICT OF INTEREST
BETWEEN A COMMUNITY PLANNING DIVISION STAFF MEMBER AND
CHURCHES UNITED IN MINISTRY, SUB-GRANTEE OF THE CITY.
This Resolution was adopted unanimously.
18. 16-0478R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION
DWELLING UNIT AT 1329 MINNESOTA AVENUE (DAVID WADE).
Indexes:
Attachments: Attachment 1
City of Duluth Page 6
City Council Minutes - Final June 27, 2016
This Resolution was adopted unanimously.
19. 16-0486R RESOLUTION AUTHORIZING ASSESSMENT AGREEMENT WITH
CIRRUS DESIGN CORPORATION FOR AGREEING TO BE ASSESSED
FOR THE COST OF DESIGNING AND CONSTRUCTING A NEW GAS
MAIN IN CONNECTION WITH THE COMPLETION CENTER.
Indexes:
Attachments: Attachment A - Cirrus Gas Main Dev & Assessment Agmt
This Resolution was adopted unanimously.
20. 16-0489R RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE
OF A GRANT FROM MINNESOTA DEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT FOR UP TO $200,000 FOR A NEW
GAS MAIN CONNECTION TO THE CIRRUS COMPLETION CENTER.
This Resolution was adopted unanimously.
BY PRESIDENT FILIPOVICH (COMMITTEE OF THE WHOLE)
BY PRESIDENT FILIPOVICH (COMMITTEE OF THE WHOLE)
21. 16-0470R RESOLUTION AUTHORIZING AN AGREEMENT WITH CLAYTON
JACKSON MCGHIE MEMORIAL, INC. FOR THE OPERATION OF THE
CLAYTON JACKSON MCGHIE MEMORIAL.
Indexes:
Attachments: Attachment CJMM Agreement 16-0470
This Resolution was adopted unanimously.
22. 16-0488R RESOLUTION APPOINTING ELECTION JUDGES FOR THE AUGUST 9,
2016, STATE PRIMARY, AND THE NOVEMBER 8, 2016, GENERAL
ELECTION.
Indexes:
Attachments: ATTACHMENT A - ElectionJudgeList06202016
City of Duluth Page 7
City Council Minutes - Final June 27, 2016
This Resolution was adopted unanimously.
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
23. 16-0369R RESOLUTION CONCURRING WITH COUNTY AWARD OF FOURTH
STREET RECONSTRUCTION CONTRACT.
Indexes:
Attachments: 16-0369R Map
This Resolution was adopted unanimously.
24. 16-0398R RESOLUTION OF INTENT FOR CONSTRUCTION OF A SANITARY
SEWER EXTENSION IN MINNESOTA AVENUE BEGINNING ON THE
SOUTHEAST CORNER OF 18TH STREET AND EXTENDING 34 FEET
NORTHERLY AND TO ASSESS THE COSTS THEREOF.
Indexes:
Attachments: 16-0398R Map
This Resolution was adopted unanimously.
25. 16-0399R RESOLUTION AMENDING AGREEMENT NO. 22707 WITH ST. LOUIS
COUNTY AND THE CITY OF HERMANTOWN FOR A TRAFFIC SIGNAL
TIMING PLAN UPDATE PROJECT IN THE ESTIMATED AMOUNT OF
$3,958.68 FOR A NEW TOTAL OF $22,676.82.
Indexes:
Attachments: 16-0399R Agreement
This Resolution was adopted unanimously.
26. 16-0449R RESOLUTION AWARDING A CONTRACT TO KTM PAVING, INC. FOR
RETAINING WALL REPLACEMENT AND BRIDGE L5930 AT TISCHER
CREEK IN THE AMOUNT OF $195,977.13.
Indexes:
Attachments: 16-0449R Map
This Resolution was adopted unanimously.
City of Duluth Page 8
City Council Minutes - Final June 27, 2016
27. 16-0481R RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO MNDOT
AGREEMENT NO.
1003172 TO INCREASE THE AMOUNT OF LOCAL ROAD AND BRIDGE
DISASTER
RELIEF BY $41,275.93 FOR A NEW TOTAL OF $103,361.41.
Indexes:
Attachments: Attachment B - Location Map
Attachment A - Ammendment No. 1
This Resolution was adopted unanimously.
28. 16-0482R RESOLUTION AMENDING CONTRACT NO. C22459 WITH MSA
PROFESSIONAL SERVICE, INC. FOR ENGINEERING AND DESIGN OF
THE PHASE 2 LAKEWOOD WATER TREATMENT PLANT HVAC
SYSTEM FOR VENTILATION AND DEHUMIDIFICATION
IMPROVEMENTS IN THE ESTIMATED AMOUNT OF $111,000, FOR A
NEW TOTAL OF $236,000.
Indexes:
Attachments: Amendment No. 1 to C22459
This Resolution was adopted unanimously.
29. 16-0484R RESOLUTION ORDERING THE CONSTRUCTION OF APPROXIMATELY
7,150 FEET OF GAS MAIN FROM HAINES ROAD TO 250 FEET WEST
OF CENTERLINE OF STEBNER ROAD, AT AN ESTIMATED COST NOT
TO EXCEED $400,000.
Indexes:
Attachments: Location Map
06-14-2015 Public Hearing Minutes
Preliminary Assessment Roll
This Resolution was adopted unanimously.
30. 16-0487R RESOLUTION AWARDING A CONTRACT TO MICHELS CORPORATION
FOR THE CONSTRUCTION AND CIPP REHABILITATION OF SANITARY
SEWER UNDER SUPERIOR STREET IN THE AMOUNT OT $996,858.00.
City of Duluth Page 9
City Council Minutes - Final June 27, 2016
This Resolution was adopted unanimously.
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
31. 16-0452R RESOLUTION AUTHORIZING ACCEPTANCE OF A $91,000 GRANT
FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
AND MINNESOTA LAKE SUPERIOR COASTAL PROGRAM TO
CONTROL STORMWATER AND SNOW MELT RUNOFF AT GARY NEW
DULUTH RECREATION AREA.
Indexes:
Attachments: EXHIBIT A - 16-0452R
This Resolution was adopted unanimously.
32. 16-0453R RESOLUTION ACCEPTING A $25,000 CONTRIBUTION FROM
ESSENTIA HEALTH FOR THE IMPLEMENTATION OF THE LINCOLN
PARK MINI-MASTER PLAN.
Indexes:
Attachments: EXHIBIT A - 16-0453R
This Resolution was adopted unanimously.
33. 16-0454R RESOLUTION AUTHORIZING A TWO-YEAR AGREEMENT WITH
DULUTH AREA FAMILY YMCA TO PROVIDE OUTSIDE OF SCHOOL
TIME PROGRAMMING AT THE CITY’S GARY NEW DULUTH
COMMUNITY CENTER AT AN ANNUAL COST OF $20,000.
Indexes:
Attachments: EXHIBIT A - 16-0454R
This Resolution was adopted unanimously.
34. 16-0455R RESOLUTION GRANTING APPROVAL AND IMPLEMENTATION OF THE
ST. LOUIS RIVER CORRIDOR NEIGHBORHOOD PARKS MINI-MASTER
PLANS
Indexes:
Attachments: FINAL River Corridor Neighborhood Parks Master Plans
City of Duluth Page 10
City Council Minutes - Final June 27, 2016
This Resolution was adopted unanimously.
35. 16-0475R RESOLUTION AUTHORIZING A BRIDGE FUNDING AGREEMENT
BETWEEN THE CITY OF DULUTH AND THE ARROWHEAD
ZOOLOGICAL SOCIETY, INC. FOR PHASE ONE OF THE BEAR
COUNTRY PROJECT.
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)
36. 16-0491R RESOLUTION AUTHORIZING A CONTRACT WITH AMI CONSULTING
ENGINEERS P. A. FOR THE DESIGN OF REPAIRS AND
REPLACEMENTS FOR THE SEAWALL SURROUNDING THE DULUTH
ENTERTAINMENT CONVENTION CENTER FOR AN AMOUNT NOT TO
EXCEED $434,495.
Indexes:
Attachments: Exhibit A
This Resolution was adopted unanimously.
BY COUNCILOR ANDERSON (PERSONNEL)
BY COUNCILOR ANDERSON (PERSONNEL)
37. 16-0450R RESOLUTION ACCEPTING A SPECIAL LAW REPEALING THE
PROHIBITION ON GRANTING INTOXICATING LIQUOR LICENSES
WITHIN THE LAKESIDE AND LESTER PARK NEIGHBORHOODS IN
THE CITY OF DULUTH.
This Resolution was adopted.
City of Duluth Page 11
City Council Minutes - Final June 27, 2016
Yea: 5- President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and
Councilor Filipovich
Nay: 3- Councilor Anderson, Councilor Fosle and Hanson
Abstain: 1- Hansen
38. 16-0457R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE
NEW CIVIL SERVICE CLASSIFICATION OF TECHNOLOGY SECURITY
ADMINISTRATOR, AND SPECIFYING CONTRACT BENEFITS FOR
SAME.
Indexes:
Attachments: Technology Security Administrator
This Resolution was adopted unanimously.
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
39. 16-0474R RESOLUTION HONORING THE VICTIMS OF THE SHOOTING IN
ORLANDO, FLORIDA.
This Resolution was adopted unanimously.
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 ANDERSON (PERSONNEL)
BY COUNCILOR ANDERSON (PERSONNEL)
40. 16-044-O ORDINANCE AMENDING CHAPTER 2, ARTICLE XIX, SECTION 2-107,
City of Duluth Page 12
City Council Minutes - Final June 27, 2016
OF THE DULUTH CITY CODE TO INCREASE THE NUMBER OF
COMMISSIONERS ON THE DULUTH PUBLIC ARTS COMMISSION TO
ELEVEN MEMBERS.
This Ordinance was read for the first time.
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
41. 16-030-O AN ORDINANCE AMENDING SECTIONS 50-15.2 MIXED USE
NEIGHBORHOOD (MU-N), 50-15.3 MIXED USE COMMERCIAL (MU-C),
AND 50-15.5 MIXED USE BUSINESS PARK (MU-B).
Indexes:
Attachments: Attachment 1
Sipress.Russ mta 16-030-O
Filipovich mta 16-030-O
Sipress.Russ mta (2) 16-030-O
This Ordinance was read for the first time.
42. 16-031-O AN ORDINANCE AMENDING SECTION 50-18.1.D SHORELANDS.
Indexes:
Attachments: Attachment 1
This Ordinance was read for the first time.
43. 16-032-O AN ORDINANCE AMENDING SECTIONS 50-21.3 EXCEPTIONS AND
ENCROACHMENTS AND 50-22.4 CAP TYPES.
Indexes:
Attachments: Attachment 1
This Ordinance was read for the first time.
44. 16-033-O AN ORDINANCE AMENDING SECTIONS 50-23.2 GENERAL
CIRCULATION REQUIREMENTS AND 50-24.2 REQUIRED PARKING
SPACES.
City of Duluth Page 13
City Council Minutes - Final June 27, 2016
Indexes:
Attachments: Attachment 1
This Ordinance was read for the first time.
45. 16-034-O AN ORDINANCE AMENDING SECTIONS 50-25.2 GENERAL
LANDSCAPING STANDARDS, 50-29 SUSTAINABILITY, AND 50-32
INTERNATIONAL PROPERTY MAINTENANCE.
Indexes:
Attachments: Attachment 1
This Ordinance was read for the first time.
46. 16-036-O AN ORDINANCE AMENDING SECTION 50-27.2 ENFORCEMENT,
50-27.3 DESIGN AND CONSTRUCTION STANDARDS, AND 50-27.7
SIGN TYPES.
Indexes:
Attachments: Attachment 1
Attachment 2 -Ordinance 16-036 with photos
This Ordinance was read for the first time.
47. 16-037-O AN ORDINANCE AMENDING SECTION 50-37.9 VARIANCE.
Indexes:
Attachments: Attachment 1
This Ordinance was read for the first time.
48. 16-043-O AN ORDINANCE AMENDING SECTIONS 50-19.8 USE TABLE,
50-20.3.L COMMERCIAL USES, 50-20.7 ADAPTIVE REUSE OF A
LOCAL HISTORIC LANDMARK, AND 50-40.13 DEFINITIONS.
Indexes:
Attachments: Attachment 1
Attachment 2
This Ordinance was read for the first time.
City of Duluth Page 14
City Council Minutes - Final June 27, 2016
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
49. 16-040-O AN ORDINANCE AMENDING SECTION 12-2 OF DULUTH CITY CODE,
1959, AS AMENDED, TO ADD CHAPTER 43A, ILLICIT DISCHARGES
TO THE CITY STORM SEWER SYSTEM, TO THE LIST OF CODE
CHAPTERS UNDER WHICH A VIOLATION CAN BE ESTABLISHED.
This Ordinance was read for the first time.
50. 16-041-O AN ORDINANCE AMENDING CHAPTER 43 OF DULUTH CITY CODE,
1959, AS AMENDED, TO PROVIDE THAT THE DULUTH PUBLIC
UTILITIES COMMISSION HEAR AND DECIDE APPEALS ARISING
UNDER CHAPTER 43 OF THE CITY CODE, AMENDING TIMELINES
FOR FILING APPEALS, AND INCLUDING THE PUBLIC UTILITIES
COMMISSION IN THE CHAPTER DEFINITIONS.
This Ordinance was read for the first time.
51. 16-042-O AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XXXV, SECTION
2-186 OF DULUTH CITY CODE, 1959, AS AMENDED, TO AUTHORIZE
THE DULUTH PUBLIC UTILITIES COMMISSION TO HEAR AND DECIDE
APPEALS ARISING UNDER CHAPTERS 43, 43A, AND 48 OF THE CITY
CODE.
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)
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
52. 16-027-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF DULUTH AS REFERENCED IN CHAPTER 50 OF THE DULUTH CITY
City of Duluth Page 15
City Council Minutes - Final June 27, 2016
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 adopted unanimously.
53. 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 adopted unanimously.
54. 16-029-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN
REAL PROPERTY IN THE KENWOOD NEIGHBORHOOD TO THE
STATE OF MINNESOTA.
Indexes:
Attachments: Exhibit A
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 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, June 27, 2016 7:00 PM Council Chamber
ROLL CALL
PLEDGE OF ALLEGIANCE
PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS
1. 16-082 State of Minnesota Office of the State Auditor - Management and
Compliance Report
Attachments: Management & Compliance Report - Office of the State Auditor (1)
Management & Compliance Report - Office of the State Auditor
REPORTS FROM THE ADMINISTRATION
REPORTS FROM OTHER OFFICERS
REPORTS OF BOARDS AND COMMISSIONS
2. 16-085 DPUC Resolution 16PUC-005
Gas reconnect penalty
Attachments: 16PUC-005 gas reconnect penalty approved 06212016
City of Duluth Page 1 Printed on 6/27/2016
City Council Meeting Agenda - Final-revised June 27, 2016
3. 16-086 DPUC Resolution 16PUC-006
Water reconnect pentaly
Attachments: 16PUC-006 water reconnect penalty approved 06212016
4. 16-087 DPUC Resolution 16PUC-007
Credit card processing fee
Attachments: 16PUC-007 credit card processing fee request approved 06212016
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL OPEN ISSUES
OPPORTUNITY FOR CITIZENS TO BE HEARD
RESOLUTIONS TABLED
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
5. 16-0440R RESOLUTION ADOPTING AN EMERALD ASH BORER (EAB)
MANAGEMENT PLAN
Attachments: EXHIBIT A - 16-0440R
MOTIONS AND RESOLUTIONS
CONSENT AGENDA
BY COUNCILOR HANSEN (FINANCE)
6. 16-0443R RESOLUTION CONFIRMING THE ASSESSMENT ROLL OF
DELINQUENT SOLID WASTE COLLECTION FEES DURING PERIOD
OF MARCH 1, 2015, TO JUNE 1, 2016.
Attachments: Exhibit A
7. 16-0447R RESOLUTION CONFIRMING THE ASSESSMENT ROLL FOR
ASSESSMENTS LEVIED AGAINST PROPERTY WITH REGARD TO
PROPERTY VIOLATIONS DURING PERIOD OF APRIL 1, 2015, TO
APRIL 1, 2016.
Attachments: Exhibit A
8. 16-0448R RESOLUTION CONFIRMING THE ASSESSMENT ROLL OF
DELINQUENT UTILITY FEES DURING THE PERIOD OF JANUARY 1,
2015, TO DECEMBER 31, 2015.
Attachments: Exhibit A
City of Duluth Page 2 Printed on 6/27/2016
City Council Meeting Agenda - Final-revised June 27, 2016
BY COUNCILOR HOBBS (PURCHASING & LICENSING)
9. 16-0479R RESOLUTION AUTHORIZING A CONTRACT WITH RW FERN
ASSOCIATES, INC. - AIA ARCHITECTS FOR ARCHITECTURAL
SERVICES FOR THE DESIGN OF CITY HALL INTERIOR
RENOVATIONS AND DEPARTMENTAL SPACE PLANNING FOR AN
AMOUNT NOT TO EXCEED $156,650.
Attachments: Architectural Agreement 6.20.16
10. 16-0483R RESOLUTION AUTHORIZING THE PURCHASE OF 5,100 TONS OF
ROAD SALT FROM COMPASS MINERALS AMERICA INC. IN THE
AMOUNT OF $301,053.
11. 16-0485R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH LHB, INC. FOR MASTER PLANNING SERVICES
FOR THE WESTERN WATERFRONT TRAIL AND ASSOCIATED
PARKS FOR A TOTAL NOT TO EXCEED OF $68,062.
Attachments: EXHIBIT A
BY COUNCILOR ANDERSON (PERSONNEL)
12. 16-0456R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE
NEW CIVIL SERVICE CLASSIFICATION OF CONSTRUCTION
PROJECT SUPERVISOR, AND SPECIFYING CONTRACT BENEFITS
FOR SAME.
Attachments: Construction Project Supervisor
13. 16-0458R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE
NEW CIVIL SERVICE CLASSIFICATION OF SENIOR NETWORK
ADMINISTRATOR, AND SPECIFYING CONTRACT BENEFITS FOR
SAME.
Attachments: Senior Network Administrator
14. 16-0459R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE
NEW CIVIL SERVICE CLASSIFICATION OF SENIOR SYSTEMS
ADMINISTRATOR, AND SPECIFYING CONTRACT BENEFITS FOR
SAME.
Attachments: Senior Systems Administrator
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
City of Duluth Page 3 Printed on 6/27/2016
City Council Meeting Agenda - Final-revised June 27, 2016
15. 16-0465R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER
INTO AN AGREEMENT WITH AND ACCEPT FUNDS FROM THE
MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC
DEVELOPMENT FOR PROVISION OF WORKFORCE INVESTMENT
ACT TITLE I SERVICES, MINNESOTA YOUTH PROGRAM SERVICES
AND OLDER AMERICAN PRORAM SERVICES FOR THE PERIOD
JULY 1, 2016 - JUNE 30, 2021.
Attachments: Attachment A - Master Grant Contract DULUTH2016M
16. 16-0476R RESOLUTION ACCEPTING A CERTIFIED LOCAL GOVERNMENT
GRANT OF $15,000 FROM THE MINNESOTA STATE HISTORICAL
SOCIETY AND APPROVING LOCAL MATCH OF $5,000 AND $5,400
OF IN-KIND SERVICES TO CONDUCT AN INTENSIVE SURVEY OF
HISTORIC RESOURCES IN A PORTION OF THE LINCOLN PARK
NEIGHBORHOOD.
Attachments: Attachment 1
17. 16-0477R RESOLUTION DISCLOSING A POTENTIAL CONFLICT OF INTEREST
BETWEEN A COMMUNITY PLANNING DIVISION STAFF MEMBER
AND CHURCHES UNITED IN MINISTRY, SUB-GRANTEE OF THE
CITY.
18. 16-0478R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A
VACATION DWELLING UNIT AT 1329 MINNESOTA AVENUE (DAVID
WADE).
Attachments: Attachment 1
19. 16-0486R RESOLUTION AUTHORIZING ASSESSMENT AGREEMENT WITH
CIRRUS DESIGN CORPORATION FOR AGREEING TO BE
ASSESSED FOR THE COST OF DESIGNING AND CONSTRUCTING
A NEW GAS MAIN IN CONNECTION WITH THE COMPLETION
CENTER.
Attachments: Attachment A - Cirrus Gas Main Dev & Assessment Agmt
20. 16-0489R RESOLUTION AUTHORIZING APPLICATION FOR AND
ACCEPTANCE OF A GRANT FROM MINNESOTA DEPARTMENT OF
EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR UP TO
$200,000 FOR A NEW GAS MAIN CONNECTION TO THE CIRRUS
COMPLETION CENTER.
BY PRESIDENT FILIPOVICH (COMMITTEE OF THE WHOLE)
21. 16-0470R RESOLUTION AUTHORIZING AN AGREEMENT WITH CLAYTON
JACKSON MCGHIE MEMORIAL, INC. FOR THE OPERATION OF THE
CLAYTON JACKSON MCGHIE MEMORIAL.
Attachments: Attachment CJMM Agreement 16-0470
City of Duluth Page 4 Printed on 6/27/2016
City Council Meeting Agenda - Final-revised June 27, 2016
22. 16-0488R RESOLUTION APPOINTING ELECTION JUDGES FOR THE AUGUST
9, 2016, STATE PRIMARY, AND THE NOVEMBER 8, 2016, GENERAL
ELECTION.
Attachments: ATTACHMENT A - ElectionJudgeList06202016
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
23. 16-0369R RESOLUTION CONCURRING WITH COUNTY AWARD OF FOURTH
STREET RECONSTRUCTION CONTRACT.
Attachments: 16-0369R Map
24. 16-0398R RESOLUTION OF INTENT FOR CONSTRUCTION OF A SANITARY
SEWER EXTENSION IN MINNESOTA AVENUE BEGINNING ON THE
SOUTHEAST CORNER OF 18TH STREET AND EXTENDING 34 FEET
NORTHERLY AND TO ASSESS THE COSTS THEREOF.
Attachments: 16-0398R Map
25. 16-0399R RESOLUTION AMENDING AGREEMENT NO. 22707 WITH ST. LOUIS
COUNTY AND THE CITY OF HERMANTOWN FOR A TRAFFIC
SIGNAL TIMING PLAN UPDATE PROJECT IN THE ESTIMATED
AMOUNT OF $3,958.68 FOR A NEW TOTAL OF $22,676.82.
Attachments: 16-0399R Agreement
26. 16-0449R RESOLUTION AWARDING A CONTRACT TO KTM PAVING, INC.
FOR RETAINING WALL REPLACEMENT AND BRIDGE L5930 AT
TISCHER CREEK IN THE AMOUNT OF $195,977.13.
Attachments: 16-0449R Map
27. 16-0481R RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO MNDOT
AGREEMENT NO.
1003172 TO INCREASE THE AMOUNT OF LOCAL ROAD AND
BRIDGE DISASTER
RELIEF BY $41,275.93 FOR A NEW TOTAL OF $103,361.41.
Attachments: Attachment B - Location Map
Attachment A - Ammendment No. 1
28. 16-0482R RESOLUTION AMENDING CONTRACT NO. C22459 WITH MSA
PROFESSIONAL SERVICE, INC. FOR ENGINEERING AND DESIGN
OF THE PHASE 2 LAKEWOOD WATER TREATMENT PLANT HVAC
SYSTEM FOR VENTILATION AND DEHUMIDIFICATION
IMPROVEMENTS IN THE ESTIMATED AMOUNT OF $111,000, FOR A
NEW TOTAL OF $236,000.
Attachments: Amendment No. 1 to C22459
City of Duluth Page 5 Printed on 6/27/2016
City Council Meeting Agenda - Final-revised June 27, 2016
29. 16-0484R RESOLUTION ORDERING THE CONSTRUCTION OF
APPROXIMATELY 7,150 FEET OF GAS MAIN FROM HAINES ROAD
TO 250 FEET WEST OF CENTERLINE OF STEBNER ROAD, AT AN
ESTIMATED COST NOT TO EXCEED $400,000.
Attachments: Location Map
06-14-2015 Public Hearing Minutes
Preliminary Assessment Roll
30. 16-0487R RESOLUTION AWARDING A CONTRACT TO MICHELS
CORPORATION FOR THE CONSTRUCTION AND CIPP
REHABILITATION OF SANITARY SEWER UNDER SUPERIOR
STREET IN THE AMOUNT OT $996,858.00.
BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES)
31. 16-0452R RESOLUTION AUTHORIZING ACCEPTANCE OF A $91,000 GRANT
FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
AND MINNESOTA LAKE SUPERIOR COASTAL PROGRAM TO
CONTROL STORMWATER AND SNOW MELT RUNOFF AT GARY
NEW DULUTH RECREATION AREA.
Attachments: EXHIBIT A - 16-0452R
32. 16-0453R RESOLUTION ACCEPTING A $25,000 CONTRIBUTION FROM
ESSENTIA HEALTH FOR THE IMPLEMENTATION OF THE LINCOLN
PARK MINI-MASTER PLAN.
Attachments: EXHIBIT A - 16-0453R
33. 16-0454R RESOLUTION AUTHORIZING A TWO-YEAR AGREEMENT WITH
DULUTH AREA FAMILY YMCA TO PROVIDE OUTSIDE OF SCHOOL
TIME PROGRAMMING AT THE CITY’S GARY NEW DULUTH
COMMUNITY CENTER AT AN ANNUAL COST OF $20,000.
Attachments: EXHIBIT A - 16-0454R
34. 16-0455R RESOLUTION GRANTING APPROVAL AND IMPLEMENTATION OF
THE ST. LOUIS RIVER CORRIDOR NEIGHBORHOOD PARKS
MINI-MASTER PLANS
Attachments: FINAL River Corridor Neighborhood Parks Master Plans
35. 16-0475R RESOLUTION AUTHORIZING A BRIDGE FUNDING AGREEMENT
BETWEEN THE CITY OF DULUTH AND THE ARROWHEAD
ZOOLOGICAL SOCIETY, INC. FOR PHASE ONE OF THE BEAR
COUNTRY PROJECT.
Attachments: Exhibit 1
END OF CONSENT AGENDA
City of Duluth Page 6 Printed on 6/27/2016
City Council Meeting Agenda - Final-revised June 27, 2016
BY COUNCILOR HOBBS (PURCHASING & LICENSING)
36. 16-0491R RESOLUTION AUTHORIZING A CONTRACT WITH AMI
CONSULTING ENGINEERS P. A. FOR THE DESIGN OF REPAIRS
AND REPLACEMENTS FOR THE SEAWALL SURROUNDING THE
DULUTH ENTERTAINMENT CONVENTION CENTER FOR AN
AMOUNT NOT TO EXCEED $434,495.
Attachments: Exhibit A
BY COUNCILOR ANDERSON (PERSONNEL)
37. 16-0450R RESOLUTION ACCEPTING A SPECIAL LAW REPEALING THE
PROHIBITION ON GRANTING INTOXICATING LIQUOR LICENSES
WITHIN THE LAKESIDE AND LESTER PARK NEIGHBORHOODS IN
THE CITY OF DULUTH.
38. 16-0457R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE
NEW CIVIL SERVICE CLASSIFICATION OF TECHNOLOGY
SECURITY ADMINISTRATOR, AND SPECIFYING CONTRACT
BENEFITS FOR SAME.
Attachments: Technology Security Administrator
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
39. 16-0474R RESOLUTION HONORING THE VICTIMS OF THE SHOOTING IN
ORLANDO, FLORIDA.
Sponsors: Westerlund
INTRODUCTION AND CONSIDERATION OF ORDINANCES
ORDINANCES TABLED
The following entitled ordinances are to be read for the first time:
BY COUNCILOR ANDERSON (PERSONNEL)
40. 16-044-O ORDINANCE AMENDING CHAPTER 2, ARTICLE XIX, SECTION
2-107, OF THE DULUTH CITY CODE TO INCREASE THE NUMBER
OF COMMISSIONERS ON THE DULUTH PUBLIC ARTS
COMMISSION TO THIRTEEN MEMBERS.
Sponsors: Anderson
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
City of Duluth Page 7 Printed on 6/27/2016
City Council Meeting Agenda - Final-revised June 27, 2016
41. 16-030-O AN ORDINANCE AMENDING SECTIONS 50-15.2 MIXED USE
NEIGHBORHOOD (MU-N), 50-15.3 MIXED USE COMMERCIAL
(MU-C), AND 50-15.5 MIXED USE BUSINESS PARK (MU-B).
Attachments: Attachment 1
42. 16-031-O AN ORDINANCE AMENDING SECTION 50-18.1.D SHORELANDS.
Attachments: Attachment 1
43. 16-032-O AN ORDINANCE AMENDING SECTIONS 50-21.3 EXCEPTIONS AND
ENCROACHMENTS AND 50-22.4 CAP TYPES.
Attachments: Attachment 1
44. 16-033-O AN ORDINANCE AMENDING SECTIONS 50-23.2 GENERAL
CIRCULATION REQUIREMENTS AND 50-24.2 REQUIRED PARKING
SPACES.
Attachments: Attachment 1
45. 16-034-O AN ORDINANCE AMENDING SECTIONS 50-25.2 GENERAL
LANDSCAPING STANDARDS, 50-29 SUSTAINABILITY, AND 50-32
INTERNATIONAL PROPERTY MAINTENANCE.
Attachments: Attachment 1
46. 16-036-O AN ORDINANCE AMENDING SECTION 50-27.2 ENFORCEMENT,
50-27.3 DESIGN AND CONSTRUCTION STANDARDS, AND 50-27.7
SIGN TYPES.
Attachments: Attachment 1
Attachment 2 -Ordinance 16-036 with photos
47. 16-037-O AN ORDINANCE AMENDING SECTION 50-37.9 VARIANCE.
Attachments: Attachment 1
48. 16-043-O AN ORDINANCE AMENDING SECTIONS 50-19.8 USE TABLE,
50-20.3.L COMMERCIAL USES, 50-20.7 ADAPTIVE REUSE OF A
LOCAL HISTORIC LANDMARK, AND 50-40.13 DEFINITIONS.
Attachments: Attachment 1
Attachment 2
BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES)
49. 16-040-O AN ORDINANCE AMENDING SECTION 12-2 OF DULUTH CITY
CODE, 1959, AS AMENDED, TO ADD CHAPTER 43A, ILLICIT
DISCHARGES TO THE CITY STORM SEWER SYSTEM, TO THE LIST
OF CODE CHAPTERS UNDER WHICH A VIOLATION CAN BE
ESTABLISHED.
City of Duluth Page 8 Printed on 6/27/2016
City Council Meeting Agenda - Final-revised June 27, 2016
50. 16-041-O AN ORDINANCE AMENDING CHAPTER 43 OF DULUTH CITY CODE,
1959, AS AMENDED, TO PROVIDE THAT THE DULUTH PUBLIC
UTILITIES COMMISSION HEAR AND DECIDE APPEALS ARISING
UNDER CHAPTER 43 OF THE CITY CODE, AMENDING TIMELINES
FOR FILING APPEALS, AND INCLUDING THE PUBLIC UTILITIES
COMMISSION IN THE CHAPTER DEFINITIONS.
51. 16-042-O AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XXXV, SECTION
2-186 OF DULUTH CITY CODE, 1959, AS AMENDED, TO
AUTHORIZE THE DULUTH PUBLIC UTILITIES COMMISSION TO
HEAR AND DECIDE APPEALS ARISING UNDER CHAPTERS 43, 43A,
AND 48 OF THE CITY CODE.
The following entitled ordinances are to be read for the second time:
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
52. 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 .
Attachments: Attachment 1
Attachment 2
53. 16-028-O AN ORDINANCE TO OPT-OUT OF THE REQUIREMENTS OF MINN.
STAT. 462.3593 (2016), THE TEMPORARY FAMILY HEALTHCARE
DWELLINGS STATUTE.
54. 16-029-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN
REAL PROPERTY IN THE KENWOOD NEIGHBORHOOD TO THE
STATE OF MINNESOTA.
Attachments: Exhibit A
COUNCILOR QUESTIONS AND COMMENTS
COUNCILOR PREVIEW OF UPCOMING BUSINESS
City of Duluth Page 9 Printed on 6/27/2016
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