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, April 24, 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 PUBLIC HEARING - 17-0278R CITY'S STREET PRESERVATION PROJECTS FOR 2016 PUBLIC HEARING - 17-0278R CITY'S STREET PRESERVATION PROJECTS FOR 2016 APPROVAL OF MINUTES APPROVAL OF MINUTES 1. 17-061 February, March & April 10th 2017 City Council Meeting Minutes Indexes: City of Duluth Page 1 City Council Minutes - Final April 24, 2017 Attachments: February 13, 2017 - Council Meeting February 27, 2017 - Council Meeting March 13, 2017 - Council Meeting March 27, 2017 - Council Meeting April 10, 2017 - Council Meeting These Minutes were approved. PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 2. 17-064 State of Minnesota, Office of the Auditor: Duluth Transit Authority Indexes: Attachments: State of Minnesota Office of the State Auditor - Duluth Transit Authority This Petition/Other Communication was received. 3. 17-066 Application For Excempt Permit - The ALS Association Indexes: Attachments: Application For Exempt Permit - The ALS Association 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 4. 17-062 Alcohol, Gambling & Tobacco Commission Meeting Minutes Indexes: City of Duluth Page 2 City Council Minutes - Final April 24, 2017 Attachments: 4-5-2017 Alcohol, Gambling and Tobacco Commission This Board or Commission Report was received. 5. 17-063 Duluth Seaway Port Authority Meeting Minutes Indexes: Attachments: 6-30-2016 Duluth Seaway Port Authority Meeting Minutes 8-25-2016 Duluth Seaway Port Authority Meeting Minutes 9-22-2016 Duluth Seaway Port Authority Meeting Minutes 10-18-2016 Duluth Seaway Port Authority Meeting Minutes 11-29-2016 Duluth Seaway Port Authority Meeting Minutes 1-26-2017 Duluth Seaway Port Authority 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 FILIPOVICH (INTERGOVERNMENTAL RELATIONS) BY COUNCILOR FILIPOVICH (INTERGOVERNMENTAL RELATIONS) 6. 17-0288R RESOLUTION REQUESTING THAT THE CITY’S COMMUNITY PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENTS CONSIDER HIGH DENSITY ZONING AS A TOOL TO PRESERVE GREEN SPACE AND TO PROTECT THE CITY’S VIEW SHED WHEN City of Duluth Page 3 City Council Minutes - Final April 24, 2017 UPDATING THE CITY’S COMPREHENSIVE PLAN. Indexes: Attachments: Motion To Amend: Sipress/Hobbs - Passed 8-1 (J.F) 17-0288 Original This Resolution was withdrawn. CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 7. 17-0278R RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE CITY’S STREET PRESERVATION PROJECT FOR 2016. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 8. 17-0290R RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR MAY 1, 2017 TO APRIL 30, 2018 IN THE AMOUNT OF $6,158,297 FOR THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 9. 17-0311R RESOLUTION AUTHORIZING AN AGREEMENT WITH SHORT ELLIOTT HENDRICKSON, INC., FOR PROFESSIONAL ENGINEERING AND WETLAND DELINEATION SERVICES FOR THE GRAND AVENUE City of Duluth Page 4 City Council Minutes - Final April 24, 2017 NORDIC SKI CENTER FINAL DESIGN, FOR AN AMOUNT NOT TO EXCEED $60,700. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 10. 17-0315R RESOLUTION AUTHORIZING A SERVICE AGREEMENT WITH PRAIRIE RESTORATIONS, INC., FOR A PORTION OF THE DWP SITE RESTORATION FOR AN AMOUNT NOT TO EXCEED $175,950.00. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 11. 17-0317R RESOLUTION CONFIRMING THE APPOINTMENT OF SUSAN HENKE TO THE LIBRARY BOARD Indexes: Attachments: Henke Application This Resolution was adopted unanimously. 12. 17-0322R RESOLUTION CONFIRMING THE APPOINTMENT OF MARGIE NELSON TO THE PLANNING COMMISSION REPLACING MARK BEEMAN. Indexes: Attachments: Margie Nelson This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 13. 17-0292R RESOLUTION AUTHORIZING THE CITY OF DULUTH TO ENTER INTO A City of Duluth Page 5 City Council Minutes - Final April 24, 2017 JOINT POWERS AGREEMENT WITH THE MINNESOTA HOUSING FINANCE AGENCY (MINNESOTA HOUSING) RELATED TO THE 2018 LOW INCOME HOUSING TAX CREDIT PROGRAM. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. 14. 17-0293R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1137 NORTH 6TH AVENUE EAST (JACOB AND JANETTE SHAW). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 15. 17-0295R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 2810 WEST SKYLINE PARKWAY (MIKE KOKOTOVICH). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 16. 17-0296R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1802 MINNESOTA AVENUE (WILLIAM WELLER). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 17. 17-0297R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 829 SOUTH LAKE AVENUE (NIKKI OLSON AND TONY CUNEO). Indexes: Attachments: Attachment 1 City of Duluth Page 6 City Council Minutes - Final April 24, 2017 This Resolution was adopted unanimously. 18. 17-0298R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 3102 MINNESOTA AVENUE (BRUCE AND SUSAN KLEVEN). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 19. 17-0299R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR AN ACCESSORY VACATION DWELLING UNIT AT 1325 EAST SKYLINE PARKWAY (IDA ANDERSON). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 20. 17-0300R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR AN ACCESSORY VACATION DWELLING UNIT AT 1505 SOUTH LAKE AVENUE (TJ AND VAL KENNEDY). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 21. 17-0301R RESOLUTION ADOPTING GOVERNING PRINCIPLES FOR THE COMPREHENSIVE PLAN. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 22. 17-0303R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1115 SOUTH LAKE AVENUE (STEVE PITSCHKA). Indexes: City of Duluth Page 7 City Council Minutes - Final April 24, 2017 Attachments: Attachment 1 This Resolution was adopted unanimously. 23. 17-0304R RESOLUTION VACATING A PLATTED 10 FOOT WIDE UTILITY EASMENT ON LOTS 12 AND 13, BLOCK 3, OF THE COTTAGE GROVE ADDITION PLAT. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 24. 17-0312R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR STEAM LINE PURPOSES FROM GATEWAY PROPERTIES, LLLP OVER PROPERTY LOCATED BETWEEN WEST SUPERIOR STREET AND WEST MICHIGAN STREET AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 25. 17-0291R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE AN INTERGOVERNMENTAL LICENSE AGREEMENT WITH THE CITY OF PORTLAND, OREGON, TO PROVIDE THE DULUTH POLICE DEPARTMENT WITH ACCESS TO THE SEXUAL ASSAULT MANAGEMENT SYSTEM (SAMS) 1.0 SOFTWARE AT NO COST TO THE CITY OF DULUTH. Indexes: Attachments: Document A 17-0291 R Exhibit A to Doc A 17-0291 City of Duluth Page 8 City Council Minutes - Final April 24, 2017 This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hansen, Hanson, President Hobbs, Councilor Russ and Councilor Sipress Abstain: 1- Councilor Westerlund BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 26. 17-0289R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF MINNESOTA, THROUGH THE UNIVERSITY LIBRARIES, RELATED TO THE MINNESOTA LIBRARY INFORMATION NETWORK. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 27. 17-0305R RESOLUTION APPROVING SETTLEMENT IN THE AMOUNT OF $30,000 TO THOMAS HOPPENYAN FOR DAMAGE, PERSONAL INJURY, AND ALL OTHER CLAIMS. This Resolution was adopted unanimously. 28. 17-0306R RESOLUTION APPROVING THE DULUTH TRAVERSE MINI MASTER PLAN AND AUTHORIZING APPLICATION TO THE GREATER MINNESOTA REGIONAL PARKS AND TRAILS COMMISSION TO REQUEST REGIONAL TRAIL DESIGNATION FOR THE DULUTH TRAVERSE. Indexes: Attachments: Duluth Traverse Trail Masterplan Final 2017.04.14 (2) This Resolution was adopted unanimously. 29. 17-0313R RESOLUTION AUTHORIZING A ONE-YEAR AGREEMENT WITH SPIRIT LAKE DEVELOPMENT, LLC FOR THE OPERATION AND MANAGEMENT OF THE INDIAN POINT PARK AND CAMPGROUND. City of Duluth Page 9 City Council Minutes - Final April 24, 2017 Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. 30. 17-0314R RESOLUTION AUTHORIZING A THREE-YEAR NON-EXCLUSIVE USE AGREEMENT WITH ARROWHEAD FAST PITCH LEAGUE ASSOCIATION FOR THE USE OF FIELDS AT WADE STADIUM AND WHEELER ATHLETIC COMPLEX Indexes: Attachments: 2017-2019 Agreement (signed by group) This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA 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 RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 31. 17-017-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION OF PROPERTY BETWEEN WATER STREET AND SOUTH 23RD AVENUE EAST (2200 BLOCK OF WATER STREET) FROM MU-B TO R-2. Indexes: Attachments: Attachment 1 Attachment 2 City of Duluth Page 10 City Council Minutes - Final April 24, 2017 This Ordinance was read for the first time. 32. 17-018-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR AN ATTACHED GARAGE IN THE PLATTED STREET RIGHT OF WAY OF 22ND STREET SOUTH. Indexes: Attachments: Attachment 1 Attachment 2 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 Meeting was adjourned at 9:10 p.m. City of Duluth Page 11