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, March 13, 2017 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 APPROVAL OF MINUTES APPROVAL OF MINUTES 1. 17-043 May, June & July 2016 City Council Meeting Minutes Indexes: City of Duluth Page 1 City Council Minutes - Final March 13, 2017 Attachments: May 9, 2016 - Council Meeting May 23, 2016 - Council Meeting June 10, 2016 - Special Council Meeting June 13, 2016 - Council Meeting June 27, 2016 - Council Meeting July 11, 2016 - Council Meeting July 18, 2016 - Council Meeting This Minutes was approved. REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 2. 17-044 1-17-17 - Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: 1-17-17 Duluth Public Utilities Commission Meeting Minutes This Board or Commission Report was received. 3. 17-045 1-24-17 Library Board Meeting Minutes Indexes: Attachments: 1-24-17 Library Board Meeting Minutes This Board or Commission Report was received. 4. 17-046 3-1-17 Alcohol, Gambling & Tobacco Commission Meeting Minutes Indexes: Attachments: 3-1-17 Alcohol, Gambling & Tobacco Commission Meeting Minutes This Board or Commission Report was received. REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS OF COUNCIL COMMITTEES City of Duluth Page 2 City Council Minutes - Final March 13, 2017 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 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 5. 17-0063R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 2126 EAST WATER STREET UNIT L103 (LAURIE ANDERSON AND RANDY HOLT). Indexes: Attachments: Attachment 1 MTA 17-0063R (Passed) Motion To Amend - Passed by a vote of 6:3 Y: Councilors Anderson E. Hansen, H. Hanson, Russ, Westerlund and President Sipress N: Councilors Filipovich, Fosle and Hobbs This Resolution was denied. Yea: 2- Councilor Fosle and President Hobbs Nay: 7- Councilor Anderson, Councilor Filipovich, Hansen, Hanson, Councilor Russ, Councilor Westerlund and Councilor Sipress CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 6. 17-0086R RESOLUTION AUTHORIZING THE PURCHASE OF A NEW 2017 ELGIN PELICAN STREET SWEEPER FROM MACQUEEN EQUIPMENT IN THE AMOUNT OF $218,795.67. City of Duluth Page 3 City Council Minutes - Final March 13, 2017 This Resolution was adopted unanimously. BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 7. 17-0108R RESOLUTION APPROVING ISSUANCE OF AN ON SALE LIQUOR LICENSE AND SUNDAY LIQUOR LICENSE TO PARK POINT MARINA INN & SUITES, LLC (PARK POINT MARINA INN) 1023 MINNESOTA AVE, DULUTH, MN 55802 This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Hansen 8. 17-0130R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR ROCKY MOUNTAIN ELK FOUNDATION Indexes: Attachments: ELK FOUNDATION-02022017131545 This Resolution was adopted unanimously. 9. 17-0152R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF 600 EAST SUPERIOR STREET, INC. (TASTE OF FITGERS) 600 EAST SUPERIOR STREET. This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Hansen 10. 17-0155R RESOLUTION ISSUING A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO BONG P-38, D/B/A DULUTH AIRSHOW, 305 EAST 2ND STREET, SUPERIOR WISCONSIN WITH RYAN KERN, City of Duluth Page 4 City Council Minutes - Final March 13, 2017 MANAGER. This Resolution was adopted. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Hansen 11. 17-0196R RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO CONFIDENCE LEARNING CENTER FOR QUINLAN’S BAR, 220 W SUPERIOR STREET, DULUTH MN Indexes: Attachments: Confidence Learing Center Premise Permit This Resolution was adopted unanimously. 12. 17-0197R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR RIDGEVIEW COUNTRY CLUB Indexes: Attachments: Ridgeview This Resolution was adopted unanimously. 13. 17-0198R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR LAKE SUPERIOR ZOOLOGICAL SOCIETY. Indexes: Attachments: ZOO-02142017153948 This Resolution was adopted unanimously. 14. 17-0207R RESOLUTION AUTHORIZING A 4TH AMENDMENT TO CONTRACT 21565 WITH NORTHEAST SERVICE COOPERATIVE (NESC) DBA MN TELECOMMUNICATIONS TO ADD FIBER OPTIC CABLE SERVICE TO 40TH AVENUE WEST TOOL HOUSE IN THE ADDITIONAL AMOUNT OF $17,514 AND INCREASING THE MONTHLY SERVICE CHARGES BY AN ADDITIONAL $400. City of Duluth Page 5 City Council Minutes - Final March 13, 2017 Indexes: Attachments: Change Order 4.pdf This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 15. 17-0195R RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO GRANT AGREEMENT #109704 WITH THE STATE OF MINNESOTA, DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (“DEED”) TO INCORPORATE A CONLFICT OF INTEREST POLICY AUTHORIZED BY MINN. STAT. §16B.97, SUBD. 4(a)(1). Indexes: Attachments: Exhibit A 17-0195 Exhibit 4 17-0195 This Resolution was adopted unanimously. 16. 17-0210R RESOLUTION AUTHORIZING A TWELFTH AMENDMENT TO THE MINNESOTA INVESTMENT FUND LOAN AGREEMENT AND A TWELFTH PROMISSORY NOTE MODIFICATION AGREEMENT WITH NORTHSTAR MACHINE & TOOL CO., INC., D/B/A NORTHSTAR AEROSPACE, AND A FIRST AMENDMENT TO THE INTERCREDITOR AGREEMENT WITH REPUBLIC BANK, DULUTH 1200 FUND, INC. AND NORTHLAND FOUNDATION. Indexes: Attachments: Exhibit A Exhibit B Exhibit C This Resolution was adopted unanimously. BY PRESIDENT SIPRESS (COMMITTEE OF THE WHOLE) BY PRESIDENT SIPRESS (COMMITTEE OF THE WHOLE) 17. 17-0199R RESOLUTION ESTABLISHING A 2017 DULUTH DISTINGUISHED City of Duluth Page 6 City Council Minutes - Final March 13, 2017 ARTIST AWARD TO BE BESTOWED ON DULUTH ARTISTS BY MEMBERS OF THE CITY COUNCIL. This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 18. 17-0162R RESOLUTION APPROVING THE CITY’S 2016 WATER SUPPLY PLAN. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 19. 17-0189R RESOLUTION AWARDING A CONTRACT TO HANCO UTILITIES, INC. FOR CONSTRUCTION OF THE 2017 HIGH PRESSURE GAS MAINS AND SERVICES AT VARIOUS LOCATIONS IN THE AMOUNT OF $982,021. This Resolution was adopted unanimously. 20. 17-0191R RESOLUTION ORDERING IN THE WHITTIER STREET RECONSTRUCTION PROJECT AT AN ESTIMATED COST OF $163,000. Indexes: Attachments: 17-0191R Map 17-0191R Memo to Council 17-0191R Public Hearing Minutes This Resolution was adopted unanimously. 21. 17-0194R RESOLUTION AUTHORIZING A DEVELOPMENT AND ASSESSMENT AGREEMENT WITH AND ACCEPTING A PERMANENT EASEMENT FROM CARLA M. AND DALE A. PEARSON, TRUSTEES OF THE TRUST AGREEMENT OF CARLA M. PEARSON DATED APRIL 22, 2014 City of Duluth Page 7 City Council Minutes - Final March 13, 2017 RELATING TO THE RECONSTRUCTION OF WHITTIER STREET. Indexes: Attachments: 17-0194R Easement Map 17-0194R Exhibit 1 17-0194R Exhibit 2 This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 22. 17-0157R RESOLUTION AUTHORIZING CHALLENGE PARTNERSHIP AGREEMENT WITH THE DEPARTMENT OF THE ARMY AND MINNESOTA SEA GRANT PERTAINING TO RIP CURRENT WARNING SYSTEM. Indexes: Attachments: Exhibit A 17-0157R This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 23. 17-0072R RESOLUTION GRANTING APPROVAL AND IMPLEMENTATION OF THE ST. LOUIS RIVER CORRIDOR TRAILS PLAN. Indexes: Attachments: SLRC Trail Plan final for council approval 3-13-17 This Resolution was adopted unanimously. 24. 17-0192R RESOLUTION ACCEPTING REIMBURSEMENT MONEY IN THE AMOUNT OF $42,000 FROM THE ARROWHEAD LIBRARY SYSTEM FOR THE PURCHASE OF LIBRARY MATERIALS. This Resolution was adopted unanimously. City of Duluth Page 8 City Council Minutes - Final March 13, 2017 END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 25. 17-0087R RESOLUTION AUTHORIZING AN AGREEMENT WITH TKDA FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE PREDESIGN STUDY FOR FIRE HALL #11 FOR AN AMOUNT NOT TO EXCEED $40,000.00. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 8- Councilor Anderson, Councilor Filipovich, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 1- Councilor Fosle BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 26. 17-0208R RESOLUTION ESTABLISHING COLLABORATION BETWEEN CITY ADMINISTRATION, CITY COUNCIL AND COMMUNITY PARTNERS TO ADDRESS THE ADVERSE EFFECTS OF HOMELESSNESS. This Resolution was adopted unanimously. INTRODUCTION AND CONSIDERATION OF ORDINANCES INTRODUCTION AND CONSIDERATION OF ORDINANCES 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 HOBBS (PUBLIC WORKS & UTILITIES) City of Duluth Page 9 City Council Minutes - Final March 13, 2017 BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 27. 17-010-O AN ORDINANCE AMENDING CHAPTER 47 OF THE DULUTH CITY CODE BY ADDING A NEW ARTICLE V RELATING TO TRANSPORTATION NETWORK COMPANIES AND AMENDING SECTION 47-16 TO EXCLUDE TRANSPORTATION NETWORK COMPANY VEHICLES FROM THE DEFINITION OF TAXICAB. [REPLACEMENT] Indexes: Attachments: 17-010-O Attachment 17-010-O - Original This Ordinance was read for the first time. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 28. 17-009-O AN ORDINANCE REPEALING SECTION 90, CHAPTER 33, OF THE DULUTH CITY CODE, 1959 AS AMENDED RELATING TO ADVERTISING VEHICLES FOR SALE This Ordinance was read for the first time. 29. 17-011-O AN ORDINANCE AMENDING SECTION 8-46, CHAPTER 8 OF THE DULUTH CITY CODE TO ALLOW ESTABLISHMENTS WITH SUNDAY LICENSES TO BEGIN SELLING INTOXICATING LIQUOR ON SUNDAY AT 8:00 A.M. INSTEAD OF 10:00 A.M., TO ELIMINATE THE REQUIREMENT THAT CLUBS SERVE MEALS ON A DAILY BASIS, AND TO ADD BOWLING CENTERS AS ELIGIBLE FOR SUNDAY LICENSES. 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: City of Duluth Page 10 City Council Minutes - Final March 13, 2017 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 30. 17-008-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION OF PROPERTY NORTH OF WEST ARROWHEAD ROAD AND EAST OF SWAN LAKE ROAD FROM R-2 TO MU-P. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 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 11