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, June 12, 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. 17-099 May 22, 2017 City Council Meeting Minutes Indexes: Attachments: May 22, 2017 - Council Meeting This Minutes were approved. City of Duluth Page 1 City Council Minutes - Final June 12, 2017 PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 2. 17-098 Harold Nynas & Others - 17-021-O Petition Indexes: Attachments: Harold Nynas & Others - Petition 17-021-O This Petition/Other Communication was received. REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS 3. 17-092 Application For Exempt Permit - Gary New Duluth Community Club Indexes: Attachments: Application For Exempt Permit - Gary New Duluth Community Club This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 4. 17-091 3-29-2017 Duluth Transit Authority Meeting Minutes Indexes: Attachments: 3-29-2017 Duluth Transit Authority Meeting Minutes This Board or Commission Report was received. 5. 17-094 2-07-2017 Civil Service Board Meeting Minutes Indexes: Attachments: 2-07-2017 Civil Service Board Meeting Minutes City of Duluth Page 2 City Council Minutes - Final June 12, 2017 This Board or Commission Report was received. 6. 17-095 1/31/2017, 3/30/2017 & 4/25/2017. Housing Redevelopment Authority Meeting Minutes Indexes: Attachments: 1-31-2017 Housing and Redevelopment Authority Meeting Minutes 3-30-2017 Housing and Redevelopment Authority Meeting Minutes 4-25-2017 Housing and Redevelopment Authority Meeting Minutes This Board or Commission Report was received. 7. 17-097 Janurary 31, February 28 & March 28, 2017 Duluth Entertainment Convention Center Meeting Minutes Indexes: Attachments: 1-31-2017 Duluth Entertainment Convention Center Meeting Minutes 2-28-2017 Duluth Entertainment Convention Center Meeting Minutes 3-28-2017 Duluth Entertainment Convention Center 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 CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) City of Duluth Page 3 City Council Minutes - Final June 12, 2017 BY COUNCILOR HANSEN (FINANCE) 8. 17-0331R RESOLUTION CONFIRMING ASSESSMENT ROLL FOR SIDEWALK REPAIRS AT THREE CITY LOCATIONS IN 2016. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 9. 17-0338R RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE DESIGNATED SERVING AREA OF THE ON SALE INTOXICATING LIQUOR LICENSE OF ZENITH ASSET COMPANY (INN ON LAKE SUPERIOR), 350 CANAL PARK DRIVE. Indexes: Attachments: INN ON LAKE SUPERIOR-04272017142711 This Resolution was adopted unanimously. 10. 17-0416R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT 23155 WITH PRAIRIE RESTORATIONS, INC., FOR ADDITIONAL SERVICES FOR A PORTION OF THE DWP SITE RESTORATION, AN INCREASE OF $13,547, FOR A NEW TOTAL AMOUNT NOT TO EXCEED $189,497. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 11. 17-0422R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH AMATEUR HOCKEY ASSOCIATION. Indexes: Attachments: DULUTH AMATEUR HOCKEY-05172017124656 City of Duluth Page 4 City Council Minutes - Final June 12, 2017 This Resolution was adopted unanimously. 12. 17-0423R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE DESIGNATED SERVING AREA OF THEIR ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: THE REEF BAR-Attachment A BEDROCK Attachment B SIR BENS Attachment C This Resolution was adopted unanimously. 13. 17-0424R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO RIDGEVIEW COUNTRY CLUB. Indexes: Attachments: RIDGEVIEW-05242017090116 This Resolution was adopted unanimously. 14. 17-0425R RESOLUTION APPROVING THE APPLICATION FOR AN ON SALE INTOXICATING LIQUOR DANCE LICENSE OF LUCKYS 13 PUB, DULUTH MILLER HILL MALL, LLC. Indexes: Attachments: LUCKY 13 DANCE APPLICATION This Resolution was adopted unanimously. 15. 17-0426R RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO DULUTH ELKS CLUB #133 FOR THE ALL AMERICAN CLUB, 1931 MICHIGAN STREET, DULUTH MN This Resolution was adopted unanimously. 16. 17-0434R RESOLUTION AUTHORIZING THE PURCHASE OF TWELVE MONTHS OF GPS/AVL SYSTEM USAGE FROM PRECISE MRM, LLC, IN THE AMOUNT OF $126,000. City of Duluth Page 5 City Council Minutes - Final June 12, 2017 This Resolution was adopted. Yea: 7- Councilor Anderson, Councilor Filipovich, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 1- Councilor Fosle Absent: 1- Hansen 17. 17-0449R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH COFFEE COMPANY, INC. (DULUTH COFFEE COMPANY), 101 EAST SUPERIOR STREET Indexes: Attachments: DULUTH COFFEE COMPANY ATTACHMENT A This Resolution was adopted unanimously. 18. 17-0450R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO MINNESOTA CRAFT BREWERS GUILD, BAYFRONT PARK. Indexes: Attachments: MN CRAFT BREWERS GUILD ATTACHMENT A This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 19. 17-0415R RESOLUTION CONFIRMING THE APPOINTMENT OF NOLAND MAKOWSKY TO THE COMMUNITY DEVELOPMENT COMMITTEE. Indexes: Attachments: Noland Makowsky Application This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 20. 17-0427R RESOLUTION APPROVING DEDA RESOLUTION 17D-10 AUTHORIZING City of Duluth Page 6 City Council Minutes - Final June 12, 2017 AGREEMENT WITH JAMAR COMPANY FOR REPAIR OF THE MRO BUILDING IN THE AMOUNT OF $327,750. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 21. 17-0436R RESOLUTION REPROGRAMMING FUNDS FROM THE 2015 PROGRAM YEAR IN THE AMOUNT OF $25,500.00, AND FUND 261 IN THE AMOUNT OF $114,924.21 AND FROM FUND 263 $6,129.24 AND AUTHORIZING THE COMMITMENT OF $53,446.55 FROM CDBG HOUSING RLF FOR A TOTAL OF $200,000.00 TO THE 2016 PROGRAM YEAR GATEWAY MULTIFAMILY HOUSING PROJECT. This Resolution was adopted unanimously. 22. 17-0439R RESOLUTION REPROGRAMMING FUNDS FROM THE 2014 PROGRAM YEAR IN THE AMOUNT OF $10,000.00, and $80,877.24 FROM PRE-2015 UNCOMMITTED HOME FUNDS FOR A TOTAL OF $90,877.24. This Resolution was adopted unanimously. 23. 17-0445R RESOLUTION AUTHORIZING AN AMENDMENT TO THE LEAD-BASED PAINT HAZARD CONTROL PROGRAM GRANT AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA, AND AUTHORIZING A FUNDING AGREEMENT WITH ST. LOUIS COUNTY HOUSING AND REDEVELOPMENT AUTHORITY AND THE HOUSING REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA, WHEREBY THE CITY WILL PROVIDE $200,000 IN REPLACEMENT FUNDING FOR THE GATEWAY PROJECT. Indexes: Attachments: Exhibit A - 17-0445R Exhibit B - 17-0445R This Resolution was adopted unanimously. City of Duluth Page 7 City Council Minutes - Final June 12, 2017 BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 24. 17-0371R RESOLUTION AWARDING A CONTRACT TO HOVLAND, INC. FOR THE IRVING PLACE NEIGHBORHOOD CPR PROJECT IN THE AMOUNT OF $318,880. Indexes: Attachments: 17-0371R Map This Resolution was adopted unanimously. 25. 17-0414R RESOLUTION AUTHORIZING ASSESSMENT AGREEMENT WITH ROBERT J. AND RUTH I. MCCAULEY AND ACCEPTING NOTE AND MORTGAGE RELATING TO THE RECONSTRUCTION OF THEIR SIDEWALK AT 1123 E. 11TH STREET. Indexes: Attachments: 17-0414R Exhibit 1 17-0414R Exhibit A 17-0414R Exhibit B This Resolution was adopted unanimously. 26. 17-0428R RESOLUTION AWARDING A CONTRACT TO ULLAND BROTHERS, INC. FOR THE FOURTH STREET OVERLAY PROJECT IN THE AMOUNT OF $579,845. Indexes: Attachments: 17-0428R Map This Resolution was adopted unanimously. 27. 17-0432R RESOLUTION AWARDING A CONTRACT TO A PLUS LANDSCAPING, LLC FOR THE AMITY CREEK BANK STABILIZATION PROJECT IN THE AMOUNT OF $319,775. Indexes: Attachments: 17-0432R Map City of Duluth Page 8 City Council Minutes - Final June 12, 2017 This Resolution was adopted unanimously. 28. 17-0441R RESOLUTION AWARDING A CONTRACT TO ULLAND BROTHERS, INC. FOR THE CONGDON BOULEVARD RECLAMATION PROJECT IN THE AMOUNT OF $2,083,348. Indexes: Attachments: 17-0441R Map This Resolution was adopted unanimously. 29. 17-0447R RESOLUTION AUTHORIZING AMENDMENT 1 TO RESOLUTION 16-0003R AUTHORIZING A CONTRACT WITH SEH, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN ENGINEERING FOR THE CONGDON BOULEVARD RECLAMATION PROJECT, TO INCREASE THE AMOUNT BY $39,255 FOR A NEW TOTAL OF $126,255. Indexes: Attachments: 17-0447R Exhibit A 17-0447R Proposal This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 30. 17-0440R RESOLUTION AUTHORIZING THE PURCHASE OF SEVEN (7) 2017 FORD UTILITY INTERCEPTOR VEHICLES FROM FORD OF HIBBING IN THE AMOUNT OF $220,470.63. This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 31. 17-0397R RESOLUTION AUTHORIZING A THREE-YEAR LEASE AGREEMENT WITH THE DULUTH AREA FAMILY Y.M.C.A. FOR THE OPERATION AND MANAGEMENT OF THE UPPER LEVEL OF THE WOODLAND COMMUNITY CENTER. City of Duluth Page 9 City Council Minutes - Final June 12, 2017 Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. 32. 17-0442R RESOLUTION AUTHORIZING A FIVE-YEAR LICENSE AGREEMENT WITH THE STATE OF MINNESOTA FOR BIOCONTROL OF EMERALD ASH BORER AT HARTLEY PARK. Indexes: Attachments: Exhibit 1 Exhibit 2 This Resolution was adopted unanimously. 33. 17-0443R RESOLUTION AUTHORIZING A THREE-YEAR USE AGREEMENT WITH EASTERN LITTLE LEAGUE OF DULUTH, INC. FOR THE USE OF COMO PARK BASEBALL FIELDS, JOHN BAGGS MEMORIAL BASEBALL FIELD, AND TONY EMANUEL BASEBALL FIELD. Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. 34. 17-0444R RESOLUTION AUTHORIZING AN OPERATION AND MAINTENANCE PLAN AND CONSERVATION PRACTICE ASSISTANCE CONTRACT RELATED TO THE TISCHER CREEK RESTORATION PROJECT. Indexes: Attachments: Exhibit 1 Exhibit 2 Exhibit 3 This Resolution was adopted unanimously. 35. 17-0446R RESOLUTION AUTHORIZING AN EIGHTEEN-MONTH LICENSE AGREEMENT WITH COMMUNITY ACTION DULUTH FOR TREE PLANTING NEAR THE WESTERN WATERFRONT TRAIL. Indexes: City of Duluth Page 10 City Council Minutes - Final June 12, 2017 Attachments: Exhibit 1 Exhibit 2 This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 36. 17-0421R RESOLUTION VETOING DULUTH PUBLIC UTILITIES COMMISSION’S 6-YEAR WATER RATE PLAN. Indexes: Attachments: Exhibit A - PUC Resolution This Resolution was withdrawn. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 37. 17-0435R RESOLUTION ADOPTING A HOUSING ACTION FRAMEWORK, ESTABLISHING INTERIM PRIORITIES FOR HOUSING POLICIES IN ADVANCE OF IMAGINE DULUTH 2035 COMPLETION. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 This Resolution was adopted. Yea: 6- Councilor Anderson, Councilor Filipovich, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 1- Hanson Absent: 1- Hansen Abstain: 1- Councilor Fosle City of Duluth Page 11 City Council Minutes - Final June 12, 2017 BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 38. 17-0451R RESOLUTION ESTABLISHING A RED TAPE TASK FORCE. (REPLACEMENT) This Resolution was tabled. 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 HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 39. 17-020-O AN ORDINANCE AMENDING SECTIONS 29A-27, 29A-29, 29A-32, AND 29A.34 RELATED TO RENTAL PROPERTY LICENSING AND OFF-STREET PARKING This Ordinance was adopted unanimously. 40. 17-033-O ORDINANCE AMENDING SECTION 8-17, CHAPTER 8, OF THE DULUTH CITY CODE RELATING TO THE DAYS AND HOURS OF SALE OF INTOXICATING LIQUOR AND REPEALING THE PROHIBITION ON SUNDAY OFF-SALE OF INTOXICATING LIQUOR. This Ordinance was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 41. 17-021-O AN ORDINANCE AMENDING SECTIONS 50-24, PARKING AND LOADING; 50-35, PROCEDURES SUMMARY TABLE; AND 50-37, City of Duluth Page 12 City Council Minutes - Final June 12, 2017 REVIEW AND APPROVAL PROCESS Indexes: Attachments: Attachment A - Sec 50-24-3 Permitted Parking Areas Attachment B - Sec 50-24-4 Parking Design Standards (As Amended) Attachment C - Sec 50-35-1 Summary table Attachment 1 Motion To Amend (Fosle) - Passed Unanimously Motion To Amend (Filipovich) - Withdrawn Motion To Amend 2 (Filipovich) - Withdrawn Attachment B - Original This Ordinance was adopted unanimously. 42. 17-027-O AN ORDINANCE AMENDING THE APPROVED REGULATING PLAN FOR RAMSEY VILLAGE TO ALLOW A MIXED USE RESIDENTIAL AND COMMERCIAL BUILDING AT NORTH 53RD AND 54TH AVENUES WEST AND RAMSEY STREET. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. 43. 17-028-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION OF PROPERTY BETWEEN ANCHOR STREET AND PARK PLACE AND BETWEEN SOUTH BOUNDARY AVENUE AND TERMINAL AVENUE FROM R-1 TO MU-N. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance failed. Yea: 5- Councilor Filipovich, Councilor Fosle, President Hobbs, Councilor Russ and Councilor Westerlund Nay: 3- Councilor Anderson, Hanson and Councilor Sipress Absent: 1- Hansen 44. 17-029-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR City of Duluth Page 13 City Council Minutes - Final June 12, 2017 PRIVATE DETACHED GARAGE IN THE PLATTED STREET RIGHT OF WAY OF 58TH AVENUE EAST. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. 45. 17-031-O ORDINANCE AMENDING SECTIONS 50-19.8 AND 50-20.3 OF THE DULUTH CITY CODE TO ADD KENNEL AND PRIMARY USE PARKING LOT AS A SPECIAL USE TO CERTAIN ZONE DISTRICTS, TO MODIFY THE USE SPECIFIC STANDARDS FOR THOSE USES, AND TO ADD VACATION DWELLING UNIT AND ACCESSORY VACATION DWELLING UNIT TO FORM DISTRICTS AS AN INTERIM USE. Indexes: Attachments: Attachment A - Chapter 50-19 Use Table 17-022 Original This Ordinance was adopted unanimously. 46. 17-032-O ORDINANCE AMENDING SECTIONS 50-20.3 AND 50-20.5 OF THE DULUTH CITY CODE TO REQUIRE 24-HOUR FRONT DESK STAFFING AND HOMEOWNER ASSOCIATION APPROVAL BEFORE GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT OR ACCESSORY VACATION DWELLING UNIT. Indexes: Attachments: 17-022 Original This Ordinance was adopted. Yea: 5- Councilor Anderson, Councilor Filipovich, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 3- Councilor Fosle, Hanson and President Hobbs Absent: 1- Hansen COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 14 City Council Minutes - Final June 12, 2017 COUNCILOR PREVIEW OF UPCOMING BUSINESS Meeting was adjourned at 9:40 p.m. City of Duluth Page 15