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, October 24, 2016 7:00 PM Council Chamber ROLL CALL ROLL CALL Present: 7- Councilor Gary Anderson, Councilor Zack Filipovich, Councilor Jay Fosle, President Noah Hobbs, Councilor Barb Russ, Councilor Em Westerlund and Councilor Joel Sipress PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 1. 16-137 Closing time for specific parks Indexes: Attachments: Closing Time for Specific Parks 2. 16-139 Minnesota Power written acceptance of terms and conditions of 16-061-O Indexes: City of Duluth Page 1 City Council Minutes - Final October 24, 2016 Attachments: MN Power Acceptance (16-061-O) 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 3. 16-134 Library Board Meeting Minutes Indexes: Attachments: 08-23-2016 Library Board Meeting Minutes 4. 16-135 DEDA Meeting Minutes Indexes: Attachments: 08-24-2016 DEDA Meeting Minutes 5. 16-136 HRA Meeting Minutes Indexes: Attachments: 08-30-2016 HRA Meeting Minutes 6. 16-138 DPUC Meeting Minutes Indexes: Attachments: 09-20-2016 DPUC Meeting Minutes 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 October 24, 2016 REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD OPPORTUNITY FOR CITIZENS TO BE HEARD MOTIONS AND RESOLUTIONS MOTIONS AND RESOLUTIONS CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 7. 16-0723R RESOLUTION DETERMINING NOT TO REASSESS PARCEL FOR CANCELED DEMOLITION ASSESSMENT IN THE AMOUNT OF $5,413. Indexes: Attachments: Exhibit A - Public Hearing Minutes This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 8. 16-0742R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT 22091 WITH VENTURE FUELS FOR THE PURCHASE AND DELIVERY OF COAL TO DULUTH ENERGY SYSTEMS FOR 2017 FOR AN ESTIMATED COST OF $2,524,480 AND A NEW ESTIMATED CONTRACT TOTAL OF $9,939,385. Indexes: Attachments: Amendment 1 This Resolution was adopted unanimously. 9. 16-0752R RESOLUTION APPROVING ISSUANCE OF AN ON SALE WINE LICENSE AND ISSUING AN ON SALE 3.2 PERCENT MALT LIQUOR City of Duluth Page 3 City Council Minutes - Final October 24, 2016 LICENSE TO OMC SMOKE HOUSE, OMC, LLC, 1909 W SUPERIOR STREET. 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 10. 16-0753R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO CHURCHES UNITED IN MINISTRY. This Resolution was adopted unanimously. 11. 16-0754R RESOLUTION APPROVING ISSUANCE OF ON SALE INTOXICATING LIQUOR, ON SALE SUNDAY INTOXICATING LIQUOR, 2:00 A.M. BEVERAGE LICENSE FOR THE PERIOD ENDING AUGUST 31, 2017, LUCKYS 13 PUB-DULUTH MILLER HILL MALL, LLC/LUCKY U II, LLC. 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 BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 12. 16-0769R RESOLUTION CONFIRMING THE REAPPOINTMENT OF RAY KLOSOWSKI TO THE SEAWAY PORT AUTHORITY OF DULUTH. This Resolution was adopted unanimously. 13. 16-0770R RESOLUTION CONFIRMING THE APPOINTMENT OF PATRICIA STOLEE TO THE ALCOHOL, GAMBLING AND TOBACCO City of Duluth Page 4 City Council Minutes - Final October 24, 2016 COMMISSION, REPLACING JOHN SERRE This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 14. 16-0756R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 241 WEST ARROWHEAD ROAD (SUSAN YUNIS). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 15. 16-0757R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 712 SOUTH 63RD AVENUE WEST (CONSTANCE MOELLER). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 16. 16-0758R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT C22890 WITH EVER-GREEN ENERGY FOR ADDITIONAL DESIGN SERVICES IN THE AMOUNT OF $39,000.00 RESULTING IN A NEW CONTRACT TOTAL OF $138,457.00. Indexes: Attachments: Exhibit A.pdf This Resolution was adopted unanimously. 17. 16-0759R RESOLUTION AUTHORIZING THE 2012 ROAD AND BRIDGE DISASTER RELIEF BOND GRANT 1026874 AND ACCEPTING A City of Duluth Page 5 City Council Minutes - Final October 24, 2016 GRANT FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR ENGINEERING AND CONSTRUCTION OF BRIDGE NO. L8500 IN THE AMOUNT OF $51,038.93. Indexes: Attachments: 16-0759R Letter MAP 16-0759r Agreement 16-0759 This Resolution was adopted unanimously. 18. 16-0760R RESOLUTION AUTHORIZING ASSESSMENT AGREEMENT WITH THERESA AND DARRIN SEVERANCE FOR A WATER MAIN EXTENSION IN MAXWELL AVENUE AND AMENDING ORDERING IN RESOLUTION NO. 16-0638.INCREASING THE AUTHORIZED AMOUNT THEREOF. Indexes: Attachments: Exhibit A 16-0760 This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 19. 16-0755R RESOLUTION APPROVING LEASE AGREEMENT WITH THE DULUTH TRANSIT AUTHORITY OF DULUTH FOR LEASED SPACE FOR THE DULUTH POLICE DEPARTMENT AT A COST OF $2,400 PER YEAR FOR A TERM OF FIVE YEARS AND AN OPTION TO RENEW FOR ADDITIONAL TERMS. Indexes: Attachments: Exhibit I Exhibit A This Resolution was adopted unanimously. BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) City of Duluth Page 6 City Council Minutes - Final October 24, 2016 20. 16-0768R RESOLUTION OF SUPPORT FOR THE CITY OF DULUTH’S PRELIMINARY THREE-YEAR COMMITMENT TO PROVIDE FUNDING TO THE DULUTH AREA FAMILY YMCA FOR THE TRUE NORTH AMERICORPS PROGRAM TO PROVIDE YOUTH DEVELOPMENT PROGRAMMING FOR A MAXIMUM ANNUAL AMOUNT NOT TO EXCEED $120,000, AND A TOTAL AMOUNT NOT TO EXCEED $360,000. Indexes: Attachments: 2017-2020 True North AmeriCorps Program Proposal This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 21. 16-0695R RESOLUTION GRANTING APPROVAL TO DESIGNATE RILEY ROAD PROPERTY AS A CITY PARK, AND NAMING THE SITE JEAN DULUTH DOG PARK. Indexes: Attachments: Exhibit A-East Duluth Dog Park Naming Letter This Resolution was adopted unanimously. 22. 16-0767R RESOLUTION AUTHORIZING A GRANT TO THE ARROWHEAD ZOOLOGICAL SOCIETY, INC. IN THE AMOUNT OF $200,000 AND AUTHORIZING A ONE YEAR EXTENSION OF A LINE OF CREDIT PROMISSORY NOTE. This Resolution was adopted unanimously. INTRODUCTION AND CONSIDERATION OF ORDINANCES INTRODUCTION AND CONSIDERATION OF ORDINANCES City of Duluth Page 7 City Council Minutes - Final October 24, 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 HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 23. 16-065-O AN ORDINANCE AMENDING ORDINANCE 10473 TO LIMIT THE AMOUNT OF THE FRANCHISE FEE ASSESSED TO ANY MINNESOTA POWER CUSTOMER PURSUANT TO THE FRANCHISE TO AN AMOUNT NOT TO EXCEED $420,000 PER YEAR. This Ordinance was read for the first time. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 8