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, May 8, 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. 17-077 April 24, 2017 City Council Meeting Minutes Indexes: Attachments: April 24, 2017 - Council Meeting This Minutes was approved. City of Duluth Page 1 City Council Minutes - Final May 8, 2017 PUBLIC HEARING: 17-025-O - INCORPORATING PREVIOUSLY APPROVED CHANGES INTO THE BOUNDARY DESCRIPTION 17-026-O - PERTAINING TO AMENDING OR REPEALING ORDINANCES PUBLIC HEARING: 17-025-O - INCORPORATING PREVIOUSLY APPROVED CHANGES INTO THE BOUNDARY DESCRIPTION 17-026-O - PERTAINING TO AMENDING OR REPEALING ORDINANCES REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS 2. 17-072 Application for Exempt Permit – Welch Center Inc. Application for Exempt Permit - Lake Superior Museum Association Application for Exempt Permit – GND Development Alliance Application for Exempt Permit - One Roof Community Housing Indexes: Attachments: Application for Exempt Permit – Welch Center Inc. 720 N Central Ave – Raffle Application for Exempt Permit - Lake Superior Museum Association – PO Box 177 – Raffle Application for Exempt Permit – GND Development Alliance – 2631 W Superior Street, Suite 2 – Raffle Application for Exempt Permit - One Roof Community Housing – 12 E 4th street – Raffle This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 3. 17-073 Duluth Transit Authority Meeting Minutes Indexes: Attachments: 02-22-2017 Duluth Transit Authority Meeting Minutes This Board or Commission Report was received. City of Duluth Page 2 City Council Minutes - Final May 8, 2017 4. 17-074 Duluth Public Utilities Meeting Minutes Indexes: Attachments: 3-21-2017 Duluth Public Utilities Commission Meeting Minutes This Board or Commission Report was received. 5. 17-075 Library Board Meeting Minutes Indexes: Attachments: 3-28-2017 Library Board Meeting Minutes This Board or Commission Report was received. 6. 17-076 Civil Service Board Meeting Minutes Indexes: Attachments: 12-6-2016 Civil Service 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 MOTIONS AND RESOLUTIONS MOTIONS AND RESOLUTIONS CONSENT AGENDA City of Duluth Page 3 City Council Minutes - Final May 8, 2017 CONSENT AGENDA BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 7. 17-0319R RESOLUTION APPROVING THE APPLICATION FOR AN ON SALE BREWERY MALT LIQUOR LICENSE AND BREWERY MALT LIQUOR OFF SALE AND SUNDAY (TAPROOM) LICENSE OF HOOPS BREWING COMPANY, LLC (HOOPS BREWING), 325 LAKE AVENUE SOUTH. Indexes: Attachments: HOOPS-04142017134906 This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Hansen 8. 17-0320R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE DESIGNATED SERVING AREA OF THE ON SALE INTOXICATING LIQUOR LICENSE OF PDL OF DULUTH, INC (CLUB SARATOGA) 331 CANAL PARK DRIVE Indexes: Attachments: PDL-04182017140213 This Resolution was adopted unanimously. 9. 17-0321R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE AND SUNDAY LIQUOR LICENSE TO SUPERIOR ALES, LLC (7 WEST TAPHOUSE) 1910 MAPLE GROVE ROAD, SUITE 100. Indexes: Attachments: 7 WEST TAPHOUSE-04182017143407 This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Hansen City of Duluth Page 4 City Council Minutes - Final May 8, 2017 10. 17-0332R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE DESIGNATED SERVING AREA OF THE ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: SHOTZ BAR ALPINE BAR-04272017142556 PLAYERS GRANDSTAND-04272017142517 This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Hansen 11. 17-0339R RESOLUTION APPROVING THE TRANSFER OF THE ON SALE WINE AND ON SALE NON INTOXICATING BEER LICENSE FROM STEWART ZANN CORPORATION,394 LAKE AVENUE SOUTH, DULUTH, TO THE GREATER FOOL, LLC (AMAZING GRACE BAKERY AND CAFE), SAME ADDRESS. Indexes: Attachments: AMAZING GRACE-04272017154247 This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Hansen 12. 17-0340R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR AND DANCING LICENSE TO A. KRAUSE, LLC. (BLUSH), 18 NORTH 1ST AVENUE WEST Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Hansen 13. 17-0341R RESOLUTION AWARDING A CONTRACT TO A.W. KUETTEL & SONS, INC. FOR THE REPLACEMENT OF THE VENTILATION SYSTEM AT City of Duluth Page 5 City Council Minutes - Final May 8, 2017 THE FLEET SERVICES GARAGE, 4825 MIKE COLALILLO DRIVE, IN THE AMOUNT OF $277,768.00. This Resolution was adopted unanimously. 14. 17-0344R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR AND SUNDAY LIQUOR LICENSE TO CP DULUTH, INC. (CROOKED PINT ALE HOUSE), 1402 WEST ARROWHEAD ROAD, SUITE 100 Indexes: Attachments: CROOKED PINT ALE HOUSE-04282017092352 This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Hansen 15. 17-0351R RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO CONFIDENCE LEARNING CENTER FOR BREAK ROOM, 501 EAST 4TH STREET, DULUTH MN This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 16. 17-0327R RESOLUTION CONFIRMING THE APPOINTMENT OF TRACY A. MONTGOMERY TO THE HEADING HOME ST. LOUIS COUNTY’S GOVERNANCE BOARD, FILLING THE AFFORDABLE HOUSING COALITION REPRESENTATIVE VACANCY. Indexes: Attachments: M8NTGOMERY APP-04242017111704 This Resolution was adopted unanimously. City of Duluth Page 6 City Council Minutes - Final May 8, 2017 BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 17. 17-0334R RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY AND THE CITY OF HERMANTOWN TO REVISE THE TRAFFIC SIGNAL AND COMPLETE OTHER PEDESTRIAN IMPROVEMENTS AT THE INTERSECTION OF CSAH 91 (HAINES ROAD) AND MSAS 178 (MALL DRIVE)/MSAS 106 (MARKET STREET) IN THE CITY OF DULUTH AND CITY OF HERMANTOWN. Indexes: Attachments: 17-0334R Map 17-0334R Exhibit A This Resolution was adopted unanimously. 18. 17-0335R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC FOR THE WHITTIER STREET RECONSTRUCTION PROJECT IN THE AMOUNT OF $99,677. Indexes: Attachments: 17-0335R Map This Resolution was adopted unanimously. 19. 17-0336R RESOLUTION AWARDING A CONTRACT TO VEIT & COMPANY, INC. FOR THE MICHIGAN STREET SANITARY SEWER CIPP LINING PROJECT IN THE AMOUNT OF $458,565. Indexes: Attachments: 17-0336R Map This Resolution was adopted unanimously. 20. 17-0343R RESOLUTION AWARDING A CONTRACT TO LAMETTI & SONS, INC. FOR THE 2017 CITYWIDE SANITARY SEWER CIPP LINING PROJECT IN THE AMOUNT OF $294,486. Indexes: Attachments: 17-0343R Map 1 17-0343R Map 2 City of Duluth Page 7 City Council Minutes - Final May 8, 2017 This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 21. 17-0276R RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND PASSPORTPARKING, INC. FOR ADMINISTRATION OF MOBILE PAYMENT SERVICES AND INFRASTRUCTURE FOR ALL PUBLIC ON-STREET AND OFF-STREET LOT SPACES IN THE CITY OF DULUTH. Indexes: Attachments: Attachement A This Resolution was adopted unanimously. 22. 17-0329R RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AWARD FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, IN THE AMOUNT OF $1,750 FOR APPROVED EQUIPMENT REIMBURSEMENT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 23. 17-0342R RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN GARY NEW DULUTH IN CONJUNCTION WITH FAR WEST FEST AND CANAL PARK DULUTH IN CONJUNCTION WITH GRANDMA’S MARATHON AND SUBJECT TO CERTAIN CONDITIONS This Resolution was adopted unanimously. 24. 17-0359R RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY TO ALLOW THE DULUTH FIRE DEPARTMENT TO UTILIZE DEDA PROPERTY FOR PARKING DURING A TRAINING EXERCISE IN THE BAYFRONT AREA. Indexes: City of Duluth Page 8 City Council Minutes - Final May 8, 2017 Attachments: License Agreement for Lot D agreement for HAZ License Agmt-Exhibit A This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 25. 17-0324R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE DULUTH LEGACY FUND IN THE AMOUNT OF $2,500 FOR THE DULUTH INVADERS EXPANSION PROJECT. Indexes: Attachments: Exhibit A_Agreement Duluth Invaders This Resolution was adopted unanimously. 26. 17-0325R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE DULUTH LEGACY FUND IN THE AMOUNT OF $2,500 TO PURCHASE ICE SKATES FOR THE PUBLIC SKATING PROGRAMS AT BAYFRONT FAMILY CENTER AND HERITAGE SPORTS CENTER. Indexes: Attachments: Exhibit A_Agreement Public Skating This Resolution was adopted unanimously. 27. 17-0326R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT ON BEHALF OF GND DEVELOPMENT ALLIANCE FROM THE DULUTH LEGACY ENDOWMENT FUND IN THE AMOUNT OF $2500 FOR COMMUNITY GARDEN PROJECT. Indexes: Attachments: Exhibit A_GND REC Community Garden Agreement This Resolution was adopted unanimously. 28. 17-0330R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE LEASE AGREEMENT WITH DULUTH SOFTBALL PLAYERS ASSOCIATION, City of Duluth Page 9 City Council Minutes - Final May 8, 2017 INC. FOR THE OPERATION OF THE WHEELER FIELD SOFTBALL COMPLEX CONCESSIONS BUILDING. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 29. 17-0348R RESOLUTION AUTHORIZING A FIVE-YEAR AGREEMENT WITH THE GREATER DOWNTOWN COUNCIL FOR OPERATION OF SIGNAGE IN THE DOWNTOWN SKYWALK SYSTEM. Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. 30. 17-0349R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR RECREATIONAL TRAIL AND UTILITY PURPOSES FROM INDUSTRIAL WELDERS & MACHINISTS, INC. OVER PROPERTY ADJACENT TO 40TH AVENUE WEST AND ONEOTA STREET. Indexes: Attachments: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 This Resolution was adopted unanimously. 31. 17-0358R RESOLUTION AUTHORIZING THE PURCHASE OF A PERMANENT EASEMENT FROM VERSO MINNESOTA WISCONSIN LLC FOR PUBLIC RECREATIONAL, WALKWAY, AND TRAIL PURPOSES. Indexes: Attachments: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 City of Duluth Page 10 City Council Minutes - Final May 8, 2017 This Resolution was adopted unanimously. 32. 17-0360R RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY FROM SOO LINE RAILROAD COMPANY, D/B/A CANADIAN PACIFIC, IN THE ONEOTA NEIGHBORHOOD. Indexes: Attachments: Exhibit 2 Exhibit 1 Exhibit 3 Exhibit 4 This Resolution was adopted unanimously. 33. 17-0361R RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH CRABBY OL’ BILLS, INC. FOR OPERATION OF ITS FOOD VENDING SERVICE IN CANAL PARK. Indexes: Attachments: Exhibit 2 Exhibit 1 This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 34. 17-0366R RESOLUTION SUPPORTING THE CITY OF DULUTH’S LOCAL AUTHORITY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF OUR COMMUNITY. This Resolution was tabled. INTRODUCTION AND CONSIDERATION OF ORDINANCES INTRODUCTION AND CONSIDERATION OF ORDINANCES City of Duluth Page 11 City Council Minutes - Final May 8, 2017 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) 35. 17-022-O AN ORDINANCE AMENDING SECTIONS 50-19.8, PERMITTED USE TABLE; 50-20.3.O, PARKING LOT OR PARKING STRUCTURE; 50-20.3.T, VETERINARIAN OR ANIMAL HOSPITAL; 50-20.3.U, VACATION DWELLING UNIT; AND 50-20.5.M, ACCESSORY VACATION DWELLING UNIT. Indexes: Attachments: Attachment 1 Motion to Split (Hobbs) - Passed (Y: 5 N:4) This Ordinance was read for the first time. BY PRESIDENT SIPRESS (COMMITTEE OF THE WHOLE) BY PRESIDENT SIPRESS (COMMITTEE OF THE WHOLE) 36. 17-025-O ORDINANCE INCORPORATING PREVIOUSLY APPROVED CHANGES INTO THE BOUNDARY DESCRIPTION OF THE CITY IN THE CHARTER, AMENDING CHAPTER I, SECTION 1, OF THE CITY CHARTER. Indexes: Attachments: CityofDuluth_B2 Map This Ordinance was read for the first time. 37. 17-026-O ORDINANCE AMENDING CHAPTER III, SECTION 17, OF THE CITY OF DULUTH HOME RULE CHARTER, 1912, AS AMENDED, PERTAINING TO AMENDING OR REPEALING ORDINANCES. This Ordinance was read for the first time. BY COUNCILOR FOSLE (PUBLIC SAFETY) City of Duluth Page 12 City Council Minutes - Final May 8, 2017 BY COUNCILOR FOSLE (PUBLIC SAFETY) 38. 17-019-O ORDINANCE AMENDING CHAPTER 28, ARTICLE VII, SECTIONS 28-63 AND 28-64 OF THE DULUTH CITY CODE TO PROHIBIT SMOKING AT THE CLAYTON JACKSON MCGHIE MEMORIAL. This Ordinance was read for the first time. 39. 17-023-O ORDINANCE AMENDING CHAPTER 36 OF THE DULUTH CITY CODE, PROHIBITING THE SALE OR PAWN OF STOLEN PROPERTY, AMENDING SECTIONS 36-12, 36-14, 36-15, 36-21, 36-22, 36-24, AND 36-25. 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) 40. 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 This Ordinance was adopted unanimously. 41. 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: City of Duluth Page 13 City Council Minutes - Final May 8, 2017 Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS Meet adjourned at 7:46 p.m. City of Duluth Page 14