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City Council

Regular Meeting

Duluth, MN · June 27, 2016

AgendaMinutes

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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