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, July 11, 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 PUBLIC HEARING - Proposed MnDot Improvements on TH23 Fond du Lac 16-0437R Skywalk Maintenance PUBLIC HEARING - Proposed MnDot Improvements on TH23 Fond du Lac 16-0437R Skywalk Maintenance REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS City of Duluth Page 1 City Council Minutes - Final July 11, 2016 REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 1. 16-089 Duluth Airport Authority May Meeting Minutes Indexes: Attachments: DAA May Minutes This Board or Commission Report was received. 2. 16-090 Duluth Economic Development Authority Meeting Minutes Indexes: Attachments: DEDA May 25 Minutes This Board or Commission Report was received. 3. 16-091 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: DPUC May Minutes This Board or Commission Report was received. 4. 16-092 Duluth Transit Authority Meeting Minutes Indexes: Attachments: DTA April 27 Minutes This Board or Commission Report was received. 5. 16-093 Duluth Library Board Meeting Minutes Indexes: Attachments: Library Board May 24 Minutes This Board or Commission Report was received. City of Duluth Page 2 City Council Minutes - Final July 11, 2016 6. 16-094 Duluth Entertainment and Convention Center Authority Meeting Minutes Indexes: Attachments: February 23 2016 DECC Board Meeting Minutes January 26 2016 DECC Board Meeting Minutes March 29 2016 DECC Board 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 HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 7. 16-0485R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES 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 remains on the table BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) City of Duluth Page 3 City Council Minutes - Final July 11, 2016 8. 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 adopted unanimously. BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 9. 16-0440R RESOLUTION ADOPTING AN EMERALD ASH BORER (EAB) MANAGEMENT PLAN Indexes: Attachments: EXHIBIT A - 16-0440R This resolution remains on the table. MOTIONS AND RESOLUTIONS MOTIONS AND RESOLUTIONS CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 10. 16-0498R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: City of Duluth Page 4 City Council Minutes - Final July 11, 2016 Attachments: ATTACHMENT A - NORTHERN WATERS SMOKEHAUS ATTACHMENT B - Mr. D's ATTACHMENT C - Kom On Inn ATTACHMENT D - ACES ATTACHMENT E - SPURS ATTACHMENT F - Bulldog ATTACHMENT G - RUSTIC This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Abstain: 1- Hansen 11. 16-0499R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH AMATEUR HOCKEY ASSOCIATION. This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Abstain: 1- Hansen 12. 16-0500R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR EPILEPSY FOUNDATION OF MN Indexes: Attachments: ATTACHMENT A This Resolution was adopted unanimously. 13. 16-0514R RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF MOUNT ROYAL BOTTLE SHOPPE, INC, 1602 WOODLAND AVENUE. This Resolution was adopted. City of Duluth Page 5 City Council Minutes - Final July 11, 2016 Yea: 8- Councilor Anderson, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Abstain: 1- Hansen 14. 16-0515R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR NORTHLAND COUNTRY CLUB, 3901 EAST SUPERIOR STREET, DULUTH MN 55804 Indexes: Attachments: ATTACHMENT A This Resolution was adopted unanimously. 15. 16-0519R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR PROGRAM FOR AID TO VICTIMS OF SEXUAL ASSAULT, INC. , 32 EAST 1ST STREET, SUITE 200, DULUTH MN 55802 Indexes: Attachments: Attachment A This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Fosle, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress and Councilor Filipovich Abstain: 1- Councilor Westerlund 16. 16-0534R RESOLUTION AUTHORIZING A PURCHASE FROM INSIGHT PUBLIC SECTOR, INC. FOR PERSONAL COMPUTERS AND ACCESSORIES, IN ACCORDANCE WITH THE CITY’S FOUR YEAR REPLACEMENT PLAN, IN THE AMOUNT OF $206,337.94. This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 17. 16-0496R RESOLUTION AUTHORIZING YEAR 2016-2019 PAY AND BENEFIT PLAN FOR THE HUMAN RIGHTS OFFICER POSITION APPOINTED BY THE MAYOR PURSUANT TO SECTION 29C-6(H) OF THE DULUTH CITY CODE. City of Duluth Page 6 City Council Minutes - Final July 11, 2016 This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Fosle, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress and Councilor Filipovich Abstain: 1- Councilor Westerlund BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 18. 16-0512R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1235 MINNESOTA AVENUE (THOMAS AND MARIANNE THIRY). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 19. 16-0513R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR AN ACCESSORY VACATION DWELLING UNIT AT 1235 MINNESOTA AVENUE (THOMAS AND MARIANNE THIRY). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 20. 16-0402R RESOLUTION APPROVING THE LAYOUT FOR THE REPLACEMENT OF BRIDGE NO. 5757 OVER MISSION CREEK AND THE RECONSTRUCTION OF TRUNK HIGHWAY 23 WITHIN THE CORPORATE CITY LIMITS UNDER STATE PROJECT NO. 6910-92. Indexes: Attachments: 16-0402R Letter This Resolution was adopted unanimously. City of Duluth Page 7 City Council Minutes - Final July 11, 2016 21. 16-0504R RESOLUTION ACCEPTING A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES AND PERMANENT EASEMENTS FOR STREET AND UTILITY PURPOSES AT KENWOOD AVENUE AND VACATED EAST CLEVELAND STREET FROM LAKE SUPERIOR SUBWAY, INC. Indexes: Attachments: 16-0504R Attachment 1 16-0504R Attachment 2 16-0504R Exhibit A This Resolution was adopted unanimously. 22. 16-0506R RESOLUTION ACCEPTING A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES NEAR KENWOOD AVENUE AND WEST CLEVELAND STREET FROM KAYLA M. BOWEN AND CASS S. BOWEN. Indexes: Attachments: 16-0506R Attachment 1 Exhibit A This Resolution was adopted unanimously. 23. 16-0507R RESOLUTION AMENDING RESOLUTION 16-0252R AUTHORIZING A COOPERATIVE CONSTRUCTION AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DULUTH, INCREASING THE ESTIMATED TOTAL AMOUNT OF THE CITY’S OBLIGATION BY $66,738.54 FOR A NEW TOTAL $534,745.67. Indexes: Attachments: 16-0507R Map This Resolution was adopted unanimously. 24. 16-0508R RESOLUTION ACCEPTING A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES NEAR KENWOOD AVENUE AND ARROWHEAD ROAD FROM AMATUZIO COMPANY, LLC. Indexes: Attachments: 16-0508R Attachment 1 16-0508R Exhibit A City of Duluth Page 8 City Council Minutes - Final July 11, 2016 This Resolution was adopted unanimously. 25. 16-0510R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES NEAR KENWOOD AVENUE AND ARROWHEAD ROAD FROM AMATUZIO COMPANY, LLC. Indexes: Attachments: 16-0510R Attachment 1 16-0510R Exhibit A This Resolution was adopted unanimously. 26. 16-0516R RESOLUTION ACCEPTING TEMPORARY AND PERMANENT EASEMENTS FOR CONSTRUCTION AND STREET PURPOSES NEAR KENWOOD AVE. AND ARROWHEAD ROAD FROM WELLS FARGO BANK ,NATIONAL ASSOCIATION. Indexes: Attachments: 16-0516R Attachment 1 16-0516R Exhibit A This Resolution was adopted unanimously. 27. 16-0518R RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT IN THE AMOUNT OF $83,219.67 FROM THE NORTHEAST MINNESOTA REGIONAL RADIO BOARD FOR THE PURCHASE OF TWO RADIO CONTROL STATIONS AND 60 RADIOS FOR THE CITY OF DULUTH PUBLIC WORKS AND UTILITIES AND PUBLIC ADMINISTRATION DEPARTMENTS. Indexes: Attachments: 16-0518R Exhibit A This Resolution was adopted unanimously. 28. 16-0520R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES NEAR WOODLAND AVENUE AND EAST EIGHTH STREET FROM POSA INVESTMENTS, LLC, AT NO COST TO THE CITY. Indexes: City of Duluth Page 9 City Council Minutes - Final July 11, 2016 Attachments: 16-0520R Exhibit 1 16-0520R Exhibit A This Resolution was adopted unanimously. 29. 16-0525R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES NEAR KENWOOD AVENUE AND ARROWHEAD ROAD FROM INFINITY MANAGEMENT, INC. Indexes: Attachments: 16-0525R Attachment 1 16-0525R Exhibit A This Resolution was adopted unanimously. 30. 16-0526R RESOLUTION ACCEPTING A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES AT KENWOOD AVENUE AND ARROWHEAD ROAD FROM INFINITY MANAGEMENT, INC. Indexes: Attachments: 16-0526R Attachment 1 16-0526R Exhibit A This Resolution was adopted unanimously. 31. 16-0527R RESOLUTION AUTHORIZING AGREEMENT ACCEPTING TEMPORARY AND PERMANENT EASEMENTS FOR STREET AND UTILITY PURPOSES NEAR KENWOOD AVE. AND ARROWHEAD ROAD FROM KENWOOD VILLAGE LLC. Indexes: Attachments: Exhibit B Exhibit A Exhibit 1 This Resolution was adopted unanimously. 32. 16-0529R RESOLUTION AWARDING A CONTRACT TO HANCO UTILITIES, INC. FOR THE 2016 CITYWIDE GAS METER RELOCATION PROJECT IN THE AMOUNT OF $119,543.21. City of Duluth Page 10 City Council Minutes - Final July 11, 2016 This Resolution was adopted unanimously. 33. 16-0535R RESOLUTION AUTHORIZING AMENDMENT NO. 2 TO A CONTRACT WITH SRF, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE ARROWHEAD/KENWOOD AND WEST CLEVELAND STREET SIGNAL IMPROVEMENTS, TO INCREASE THE AMOUNT BY $57,875 FOR A NEW TOTAL OF $213,158. Indexes: Attachments: 16-0535R Attachment This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 34. 16-0522R RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN WEST DULUTH IN CONJUNCTION WITH SPIRIT VALLEY DAYS AND SUBJECT TO CERTAIN CONDITIONS. This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Abstain: 1- Hansen 35. 16-0523R RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES ON SUPERIOR STREET AND FIRST STREET IN CONJUNCTION WITH GREATER DOWNTOWN COUNCIL SIDEWALK DAYS. This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Abstain: 1- Hansen City of Duluth Page 11 City Council Minutes - Final July 11, 2016 36. 16-0524R RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES ON THE 100 BLOCK OF WEST FIRST STREET IN CONJUNCTION WITH THE TWELVE HOLY APOSTLES FIRST STREET DANCE AND SUBJECT TO CERTAIN CONDITIONS. This Resolution was adopted Yea: 8- Councilor Anderson, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Abstain: 1- Hansen 37. 16-0528R RESOLUTION AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY TO PERFORM POLICE SERVICES PURSUANT TO 2015 OPERATION STONEGARDEN GRANT AND ACCEPTING REIMBURSEMENT THROUGH ST. LOUIS COUNTY IN AN AMOUNT NOT TO EXCEED $32,656. Indexes: Attachments: Exhibit B Exhibit A Exhibit C This Resolution was adopted unanimously. 38. 16-0531R RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES ON THE 200 BLOCK OF EAST FIRST STREET IN CONJUNCTION WITH THE SUPER BIG BLOCK PARTY AND SUBJECT TO CERTAIN CONDITIONS. Indexes: Attachments: Attachment A This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Abstain: 1- Hansen END OF CONSENT AGENDA END OF CONSENT AGENDA City of Duluth Page 12 City Council Minutes - Final July 11, 2016 BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 39. 16-0493R RESOLUTION CONFIRMING THE APPOINTMENT OF TODD FEDORA TO THE DULUTH AIRPORT AUTHORITY, REPLACING KENNETH J STROMQUIST. Indexes: Attachments: T. Fedora Application This Resolution was tabled. 40. 16-0495R RESOLUTION APPROVING APPOINTMENT OF CARL CRAWFORD TO THE POSITION OF HUMAN RIGHTS OFFICER PURSUANT TO SECTION 29C-6(H) OF THE DULUTH CITY CODE. This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Fosle, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress and Councilor Filipovich Abstain: 1- Councilor Westerlund BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 41. 16-0536R RESOLUTION AWARDING A CONTRACT TO GEORGE BOUGALIS AND SONS CO. FOR THE KENWOOD/ARROWHEAD SIGNAL AND ROADWAY IMPROVEMENTS PROJECT IN THE AMOUNT OF $1,721,513.91. Indexes: Attachments: 16-0536R Aerial Photo This Resolution was adopted unanimously. INTRODUCTION AND CONSIDERATION OF ORDINANCES INTRODUCTION AND CONSIDERATION OF ORDINANCES City of Duluth Page 13 City Council Minutes - Final July 11, 2016 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 FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 42. 16-047-O ORDINANCE AMENDING CHAPTER 21, SECTIONS 21-1, 21-35 AND 21-38 OF THE DULUTH CITY CODE TO ADOPT AND INCORPORATE THE 2015 AMENDMENTS TO THE MINNESOTA STATE FIRE CODE, WHICH IS BASED ON THE 2012 INTERNATIONAL FIRE CODE, TO AMEND THE DEFINITION OF FIRE PROTECTION SYSTEM IN ACCORDANCE WITH THE STATE AND INTERNATIONAL FIRE CODES, AND TO REQUIRE THAT LICENSED FIRE PROTECTION CONTRACTORS, BUILDING OWNERS OR THEIR AGENTS SUBMIT ANNUAL FIRE PROTECTION SYSTEM INSPECTION AND TESTING REPORTS TO THE FIRE DEPARTMENT ELECTRONICALLY VIA A METHOD APPROVED BY THE FIRE MARSHAL. 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 ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 43. 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 ELEVEN MEMBERS. This Ordinance was amended and returned back to first reading. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) City of Duluth Page 14 City Council Minutes - Final July 11, 2016 44. 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 tabled. 45. 16-031-O AN ORDINANCE AMENDING SECTION 50-18.1.D SHORELANDS. Indexes: Attachments: Attachment 1 This Ordinance was adopted unanimously. 46. 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 adopted unanimously. 47. 16-033-O AN ORDINANCE AMENDING SECTIONS 50-23.2 GENERAL CIRCULATION REQUIREMENTS AND 50-24.2 REQUIRED PARKING SPACES. Indexes: Attachments: Attachment 1 This Ordinance was adopted unanimously. 48. 16-034-O AN ORDINANCE AMENDING SECTIONS 50-25.2 GENERAL LANDSCAPING STANDARDS, 50-29 SUSTAINABILITY, AND 50-32 INTERNATIONAL PROPERTY MAINTENANCE. Indexes: City of Duluth Page 15 City Council Minutes - Final July 11, 2016 Attachments: Attachment 1 This Ordinance was adopted unanimously. 49. 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 returned to administration. 50. 16-037-O AN ORDINANCE AMENDING SECTION 50-37.9 VARIANCE. Indexes: Attachments: Attachment 1 This Ordinance was adopted unanimously. 51. 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 adopted unanimously. BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 52. 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 16 City Council Minutes - Final July 11, 2016 This Ordinance was adopted unanimously. 53. 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 adopted unanimously. 54. 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 adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 17