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 13, 2019 7:00 PM Council Chamber ROLL CALL Present: 7- Councilor Gary Anderson, Councilor Zack Filipovich, Councilor Arik Forsman, Councilor Barb Russ, Councilor Joel Sipress, Councilor Renee Van Nett and President Noah Hobbs Absent: 2- Councilor Jay Fosle and Councilor Em Westerlund PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 19-102 Meeting Minutes of the Duluth City Council Indexes: Attachments: April 22, 2019 These Minutes were approved. PUBLIC HEARING: 19-0255R: RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE CITY’S STREET PRESERVATION PROJECTS FOR 2018 REPORTS FROM THE ADMINISTRATION City of Duluth Page 1 City Council Minutes - Final May 13, 2019 REPORTS FROM OTHER OFFICERS 2. 19-112 Office of the State Auditor Reports Indexes: Attachments: Office of the State Auditor, Duluth Transit Authority Audit Report Office of the State Auditor, Spirit Mountain Recreation Area Authority Audit Report This Other Officers Report was received. 3. 19-113 Imagine Duluth 2035 Annual Report Indexes: Attachments: Memo to Council - Year 1 Reporting and Implementation 2018 Identified Indicators Report 2018 Implementation Actions Matrix This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS 4. 19-097 Application for Exempt Permit Indexes: Attachments: Application for Exempt Permit_Rotary Club Raffle application 2019 Scholastica This Board or Commission Report was received. 5. 19-098 Library Board Meeting Minutes Indexes: Attachments: 2019-03-26, Library Board Minutes This Board or Commission Report was received. 6. 19-099 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: 2019-03-19, Duluth Public Utilities Commission Minutes This Board or Commission Report was recommended for approval. 7. 19-100 Duluth Transit Authority Meeting Minutes Indexes: City of Duluth Page 2 City Council Minutes - Final May 13, 2019 Attachments: 2019-02-27, Duluth Transit Authority Minutes This Board or Commission Report was received. 8. 19-101 Parking Commission: April & May Resolutions Indexes: Attachments: 2019, April Parking Commission Resolutions 2019, May Parking Commission Resolutions This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) 9. 19-0343R RESOLUTION SUPPORTING A NOMINATION FOR THE 2019 LEAGUE OF MINNESOTA CITIES JAMES F. MILLER LEADERSHIP AWARD This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund BY COUNCILOR VAN NETT (PUBLIC SAFETY) 68. 19-0303R RESOLUTION REAFFIRMING DULUTH’S COMMITMENT TO THE VALUES OF INCLUSION, EQUITY AND JUSTICE IN OUR COMMUNITY AND CHARTING A PATH FORWARD TOWARD GREATER COMMUNITY UNDERSTANDING. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund BY COUNCILOR FORSMAN (PERSONNEL) 61. 19-0358R RESOLUTION OF SUPPORT FOR RECOMMENDED CHANGES TO OWNERSHIP AND USE OF PUBLIC GREEN SPACE IN THE LESTER PARK AND ENGER PARK AREAS. City of Duluth Page 3 City Council Minutes - Final May 13, 2019 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 62. 19-0304R RESOLUTION VACATING A 250 FOOT SECTION OF THE PLATTED RIGHT OF WAY OF JEFFERSON AVENUE BETWEEN FOURTH STREET AND ELINOR STREET, AND A 300 FOOT SECTION OF THE PLATTED ALLEY RUNNING BETWEEN MADISON AVENUE AND JEFFERSON AVENUE. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was tabled. 63. 19-0305R RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN - FUTURE LAND USE MAP FOR AREAS WITHIN ENGER PARK AND LESTER PARK GOLF COURSES. (REPLACEMENT) Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 64. 19-0306R RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO APPROVE THE APPLICATION OF GREGG ANDERSON FOR A MINOR SUBDIVISION OF HIS PROPERTY LEGALLY DESCRIBED AS TRACT A, REGISTERED LAND SURVEY NO. 93, ST. LOUIS COUNTY. Indexes: Attachments: Attachment A Attachment B A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 6- Councilor Anderson, Councilor Forsman, Councilor Russ, Councilor Sipress, Councilor Van Nett and President Hobbs Absent: 2- Councilor Fosle and Councilor Westerlund Abstain: 1- Councilor Filipovich City of Duluth Page 4 City Council Minutes - Final May 13, 2019 65. 19-0313R RESOLUTION REVERSING THE PLANNING COMMISSION’S DECISION TO APPROVE THE APPLICATION OF GREGG ANDERSON FOR A MINOR SUBDIVISION OF HIS PROPERTY LEGALLY DESCRIBED AS TRACT A OF REGISTERED LAND SURVEY NO. 93, ST. LOUIS COUNTY, MINNESOTA. Indexes: Attachments: Attachment A Attachment B A motion was made that this Resolution be failed. The motion failed by the following vote: Nay: 6- Councilor Anderson, Councilor Forsman, Councilor Russ, Councilor Sipress, Councilor Van Nett and President Hobbs Absent: 2- Councilor Fosle and Councilor Westerlund Abstain: 1- Councilor Filipovich 66. 19-0314R RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO APPROVE THE APPLICATION OF GREGG ANDERSON FOR A MINOR SUBDIVISION OF HIS PROPERTY LEGALLY DESCRIBED AS TRACT C OF REGISTERED LAND SURVEY NO. 93, ST. LOUIS COUNTY. Indexes: Attachments: Attachment A Attachment B A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 6- Councilor Anderson, Councilor Forsman, Councilor Russ, Councilor Sipress, Councilor Van Nett and President Hobbs Absent: 2- Councilor Fosle and Councilor Westerlund Abstain: 1- Councilor Filipovich 67. 19-0315R RESOLUTION REVERSING THE PLANNING COMMISSION’S DECISION TO APPROVE THE APPLICATION OF GREGG ANDERSON FOR A MINOR SUBDIVISION OF THE PROPERTY LEGALLY DESCRIBED AS TRACT C OF REGISTERED LAND SURVEY NO. 93, ST. LOUIS COUNTY. Indexes: Attachments: Attachment A Attachment B City of Duluth Page 5 City Council Minutes - Final May 13, 2019 A motion was made that this Resolution be failed. The motion failed by the following vote: Nay: 6- Councilor Anderson, Councilor Forsman, Councilor Russ, Councilor Sipress, Councilor Van Nett and President Hobbs Absent: 2- Councilor Fosle and Councilor Westerlund Abstain: 1- Councilor Filipovich BY COUNCILOR ANDERSON (FINANCE) 10. 19-0255R RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED TO DEFRAY THE ASSESSABLE PORTION OF THE CITY’S STREET PRESERVATION PROJECTS FOR 2018. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 11. 19-0269R RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A GENERAL BOND OBLIGATION GRANT FOR THE RENOVATION AND REHABILITATION OF THE LAKE SUPERIOR ZOO IN THE AMOUNT OF $1,900,000. Indexes: Attachments: Application This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 12. 19-0330R RESOLUTION AUTHORIZING FIRST AMENDMENT TO AGREEMENT NO. 22879 WITH THE ARROWHEAD ZOOLOGICAL SOCIETY, INC. FOR OPERATION OF THE ZOO. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund BY COUNCILOR FOSLE (PURCHASING & LICENSING) 13. 19-0266R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE PERMIT AND WAIVING THE 60 DAY WAITING PERIOD FOR LAKE SUPERIOR ZOO This Resolution was adopted unanimously. City of Duluth Page 6 City Council Minutes - Final May 13, 2019 Absent: Councilors Fosle and Westerlund 14. 19-0282R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH AIRSHOW WINGS FOUNDATION, (DULUTH AIR SHOW) 2110 WEST FIRST STREET. Indexes: Attachments: DULUTH AIR SHOW This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 15. 19-0283R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO THE DULUTH AIR SHOW WINGS FOUNDATION (KIA DRAG RACES AND CAR SHOW), 435 GARFIELD AVENUE. Indexes: Attachments: KIA DRAGS This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 16. 19-0284R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE AND ONE DAY DANCE LICENSE TO THE DULUTH AIR SHOW WINGS FOUNDATION (OKTOBERFEST AT BAYFRONT), 350 HARBOR DRIVE. Indexes: Attachments: DULUTH OKTOBERFEST AT BAYFRONT This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 17. 19-0285R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO MINNESOTA CRAFT BREWERS GUILD, (ALL PINTS NORTH) BAYFRONT PARK. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 18. 19-0286R 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: City of Duluth Page 7 City Council Minutes - Final May 13, 2019 Attachments: PDL This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 19. 19-0288R RESOLUTION APPROVING ISSUANCE OF AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE AND ON-SALE WINE LICENSE TO ERIC & LYNN GOERDT (NORTHERN WATERS SMOKEHAUS) 394 SOUTH LAKE AVENUE, STE 106. Indexes: Attachments: On Sale Beer Northern Waters On Sale Wine Northern Waters This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 20. 19-0291R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE DESIGNATED SERVING AREA OF THEIR ON SALE INTOXICATING LIQUOR LICENSE TO GRANDMA’S ANGIE’S INC. (LITTLE ANGIE’S CANTINA) FOR JUNE 22, 2019 and AUGUST 11-13, 2019. Indexes: Attachments: Attachment A Attachment B This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund BY COUNCILOR FORSMAN (PERSONNEL) 21. 19-0267R RESOLUTION CONFIRMING THE APPOINTMENT OF REBECCA ST. GEORGE TO THE DULUTH CITIZEN REVIEW BOARD FILLING A CURRENT VACANCY. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 22. 19-0300R RESOLUTION CONFIRMING THE REAPPOINTMENT OF CRAIG FELLMAN TO THE DULUTH AIRPORT AUTHORITY. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 23. 19-0318R RESOLUTION AMENDING RESOLUTION 19-0209R CONFIRMING THE APPOINTMENT OF DAVID DEMMER TO THE PARKS AND RECREATION COMMISSION LAND MANAGEMENT VACANCY AND City of Duluth Page 8 City Council Minutes - Final May 13, 2019 THE APPOINTMENT OF JENNIFER PETERSON TO THE AT-LARGE VACANCY. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 24. 19-0320R RESOLUTION CONFIRMING THE APPOINTMENT OF MARGIE NELSON TO THE DULUTH INTERNATIONAL AIRPORT JOINT ZONING BOARD. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 25. 19-0345R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF POLICE RECORDS TECHNICIAN II. Indexes: Attachments: Exhibit A Police Records Technician II (strikeout) This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 26. 19-0346R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF CONSTRUCTION INSPECTION LEADWORKER, INCLUDING A TITLE CHANGE TO CHIEF BUILDING INSPECTOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A Construction Inspection Leadworker (strikeout) This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 27. 19-0347R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF BUSINESS DEVELOPER, INCLUDING A TITLE CHANGE TO ECONOMIC DEVELOPER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A Business Developer (strikeout).pdf This Resolution was adopted unanimously. City of Duluth Page 9 City Council Minutes - Final May 13, 2019 Absent: Councilors Fosle and Westerlund 28. 19-0348R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF SENIOR BUSINESS DEVELOPER, INCLUDING A TITLE CHANGE TO SENIOR ECONOMIC DEVELOPER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A Senior Business Developer (strikeout).pdf This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 29. 19-0349R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF SENIOR PLANNER. Indexes: Attachments: Exhibit A Senior Planner (strikeout).pdf This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 30. 19-0350R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF SENIOR HOUSING DEVELOPER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A Senior Housing Developer (strikeout).pdf This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 31. 19-0264R RESOLUTION AUTHORIZING A GROUND LEVEL LEASE AGREEMENT AND A SECOND LEVEL LEASE AGREEMENT IN THE MEDICAL DISTRICT PARKING RAMP WITH THE LAKEVIEW AT 333 SUPERIOR PARKING, LLC RELATED TO THE VOYAGEUR MULTI-FAMILY RESIDENTIAL AND MIXED USE DEVELOPMENT. Indexes: Attachments: Exhibit 1 Exhibit 2 City of Duluth Page 10 City Council Minutes - Final May 13, 2019 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 32. 19-0292R RESOLUTION APPROVING DEDA RESOLUTION 19D-13 AUTHORIZING AN AGREEMENT WITH THE JAMAR COMPANY FOR THE MRO FACILITY EAST WALL REPAIR - PHASE II IN THE AMOUNT OF $229,695.00. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 33. 19-0316R RESOLUTION OF INTENT TO SUPPORT THE REQUEST BY BLUE LIMIT LLC TO THE STATE OF MINNESOTA FOR THE AWARD OF FOUR PERCENT LOW-INCOME HOUSING TAX CREDITS FOR THE REDEVELOPMENT OF THE HISTORIC SAINT LOUIS COUNTY JAIL INTO 31 HOUSING UNITS KNOWN AS THE BURNHAM. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 34. 19-0331R RESOLUTON AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE MINNESOTA HOUSING FINANCE AGENCY (MINNESOTA HOUSING) RELATED TO THE LOW INCOME HOUSING TAX CREDIT PROGRAM FOR THE YEAR 2020. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 35. 19-0332R RESOLUTION OF INTENT TO SUPPORT THE REQUEST BY ACCESSIBLE SPACE, INC. TO THE STATE OF MINNESOTA FOR THE AWARD OF LOW-INCOME HOUSING TAX CREDITS FOR THE 76-UNIT VAN’S APARTMENT HOUSING DEVELOPMENT. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 36. 19-0333R RESOLUTION OF INTENT TO SUPPORT THE REQUEST BY CENTER CITY HOUSING CORPORATION TO THE STATE OF MINNESOTA FOR LOW INCOME HOUSING TAX CREDITS FOR THE CONSTRUCTION OF THE 30-UNIT BIRCHWOOD APARTMENT BUILDING. City of Duluth Page 11 City Council Minutes - Final May 13, 2019 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 37. 19-0334R RESOLUTION APPROVING A PRE-COMMITMENT OF $200,000 FISCAL YEAR 2020 FUNDING ALLOCATION TO THE CITY OF DULUTH FROM THE HOUSING AND URBAN DEVELOPMENT (HUD) DEPARTMENT TO CENTER CITY HOUSING CORPORATION FOR THE CONSTRUCTION OF THE BIRCHWOOD APARTMENTS AND SUPPORTING ITS CONSTRUCTION. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 38. 19-0336R RESOLUTION OF INTENT TO SUPPORT THE REQUEST BY THREE RIVERS COMMUNITY ACTION AND ONE ROOF COMMUNITY HOUSING TO THE STATE OF MINNESOTA FOR LOW-INCOME HOUSING TAX CREDITS FOR THE 35-UNIT BREWERY CREEK HOUSING DEVELOPMENT. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 39. 19-0337R RESOLUTION OF INTENT TO SUPPORT THE REQUEST BY ONE ROOF COMMUNITY HOUSING TO THE STATE OF MINNESOTA FOR THE AWARD OF LOW-INCOME HOUSING TAX CREDITS FOR THE 42-UNIT DECKER DWELLINGS HOUSING DEVELOPMENT. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 40. 19-0338R RESOLUTION APPROVING A PRE-COMMITMENT OF $275,000 FISCAL YEAR 2020 FUNDING ALLOCATION TO THE CITY OF DULUTH FROM THE HOUSING AND URBAN DEVELOPMENT (HUD) DEPARTMENT TO ONE ROOF COMMUNITY HOUSING FOR THE CONSTRUCTION OF THE DECKER DWELLINGS APARTMENTS AND SUPPORTING ITS CONSTRUCTION. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) 41. 19-0265R RESOLUTION AWARDING A CONTRACT TO HANCO UTILITIES, INC. City of Duluth Page 12 City Council Minutes - Final May 13, 2019 FOR CONSTRUCTION OF THE 2019 HIGH PRESSURE GAS MAINS AND SERVICES AT VARIOUS LOCATIONS IN THE AMOUNT OF $1,194,310. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 42. 19-0270R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR ROAD AND UTILITY PURPOSES FROM BRETMIN CORPORATION OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE AREA NEAR SOUTH 27TH AVENUE WEST AND WEST MICHIGAN STREET, AT NO COST TO THE CITY. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 43. 19-0271R RESOLUTION ACCEPTING A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES FROM BRETMIN CORPORATION OVER PROPERTY LOCATED IN THE AREA NEAR SOUTH 27TH AVENUE WEST AND WEST MICHIGAN STREET, AT NO COST TO THE CITY. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 44. 19-0272R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR ROAD AND UTILITY PURPOSES FROM L.J. WALSH COMPANY OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE AREA NEAR SOUTH 27TH AVENUE WEST AND WEST MICHIGAN STREET, AT NO COST TO THE CITY. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 45. 19-0273R RESOLUTION ACCEPTING A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES FROM L.J. WALSH COMPANY OVER PROPERTY LOCATED IN THE AREA NEAR SOUTH 27TH AVENUE WEST AND WEST MICHIGAN STREET, AT NO COST TO THE CITY. Indexes: City of Duluth Page 13 City Council Minutes - Final May 13, 2019 Attachments: Attachment 1 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 46. 19-0274R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR ROAD AND UTILITY PURPOSES FROM JANHAN LLC OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE AREA NEAR SOUTH 27TH AVENUE WEST AND WEST MICHIGAN STREET, AT NO COST TO THE CITY. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 47. 19-0275R RESOLUTION ACCEPTING A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES FROM JANHAN LLC OVER PROPERTY LOCATED IN THE AREA NEAR SOUTH 27TH AVENUE WEST AND WEST MICHIGAN STREET, AT NO COST TO THE CITY. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 48. 19-0276R RESOLUTION ACCEPTING PERMANENT EASEMENTS FOR STREET, STORMWATER, AND DRAINAGE PURPOSES FROM THE STATE OF MINNESOTA OVER, UNDER, AND ACROSS TAX-FORFEITED PROPERTY LOCATED IN THE AREA OF THE INTERSECTION OF TRIGGS AVENUE AND TOLEDO STREET FOR $150. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 49. 19-0277R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR STREET, STORMWATER, AND DRAINAGE PURPOSES FROM THE STATE OF MINNESOTA OVER, UNDER, AND ACROSS TAX-FORFEITED PROPERTY LOCATED IN THE AREA OF THE INTERSECTION OF 88TH AVENUE WEST AND 89TH AVENUE WEST FOR $150. Indexes: Attachments: Attachment 1 City of Duluth Page 14 City Council Minutes - Final May 13, 2019 This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 50. 19-0279R RESOLUTION AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH LHB, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE EAST NINTH STREET/EAST EIGHTH STREET RECONDITIONING PROJECT FOR AN INCREASE OF $13,650 AND A NEW TOTAL CONTRACT NOT TO EXCEED $280,598. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 51. 19-0280R RESOLUTION CONCURRING WITH COUNTY AWARD OF THE LESTER RIVER BRIDGE RECONSTRUCTION PROJECT. Indexes: Attachments: 19-0280R Map This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 52. 19-0296R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A FIFTY-PERCENT REIMBURSEMENT SAFETY GRANT IN THE AMOUNT OF $10,000 FROM THE STATE OF MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY OCCUPATIONAL SAFETY AND HEALTH CONSULTATION UNIT FOR THE STREET MAINTENANCE DIVISION. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 53. 19-0317R RESOLUTION AUTHORIZING AN AGREEMENT WITH SEH, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CROSS CITY TRAIL PHASE 2 IN THE AMOUNT OF $144,100. Indexes: Attachments: 19-0314R Map 19-0317R Exhibit A This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 54. 19-0321R RESOLUTION AUTHORIZING TERMINATION AGREEMENT WITH LAKESHORE INC. TO ALLOW THE REMOVAL OF AN OLD ASSESMENT AGREEMENT FROM THE TITLE TO ECUMEN PROPERTY. City of Duluth Page 15 City Council Minutes - Final May 13, 2019 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 55. 19-0278R RESOLUTION AUTHORIZING A CONTRACT WITH JAMAR COMPANY FOR HVAC RENOVATION AT CITY CENTER WEST FOR AN AMOUNT NOT TO EXCEED $474,610.00. This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 56. 19-0295R RESOLUTION AUTHORIZING AN AGREEMENT WITH CYCLISTS OF THE GITCHEE GUMEE SHORES FOR CONSTRUCTION OF DULUTH TRAVERSE TRAIL INFRASTRUCTURE IN 2019 AND 2020. Indexes: Attachments: Exhibit A_Agreement This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 57. 19-0297R RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH PARK POINT COMMUNITY CLUB TO HOST THE PARK POINT ART FAIR. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 58. 19-0298R RESOLUTION AUTHORIZING A LICENSE AGREEMENT BETWEEN THE CITY OF DULUTH AND THE LAKE SUPERIOR AND MISSISSIPPI RAILROAD. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 59. 19-0301R RESOLUTION AUTHORIZING A TEN-YEAR LIMITED USE PERMIT AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF PHASE II OF THE CROSS CITY TRAIL WITHIN AN City of Duluth Page 16 City Council Minutes - Final May 13, 2019 AREA OF THE RIGHT OF WAY OF TRUNK HIGHWAY 35, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit A_all pages.pdf This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund 60. 19-0302R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR RECREATIONAL TRAIL PURPOSES FROM MOLINE MACHINERY LTD LIMITED PARTNERSHIP OVER PROPERTY NEAR RALEIGH STREET AND FIFTY-FIFTH AVENUE WEST. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilors Fosle and Westerlund END OF CONSENT AGENDA The following entitled resolutions are also to be considered: The following entitled ordinances are to be read for the first time: BY COUNCILOR FORSMAN (PERSONNEL) 69. 19-020-O ORDINANCE AMENDING SECTION 33-76 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING THE DULUTH PARKING COMMISSION. This Ordinance was read for the first time. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 70. 19-018-O AN ORDINANCE DEDICATING A PERPETUAL TWENTY-FOOT CORRIDOR ACROSS CITY-OWNED PROPERTY FOR THE CROSS CITY TRAIL PEDESTRIAN AND BIKE PATH. Indexes: Attachments: Exhibit A-final Exhibit B-Final This Ordinance was read for the first time. City of Duluth Page 17 City Council Minutes - Final May 13, 2019 The following entitled ordinances are to be read for the second time: BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 71. 19-015-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY AT 5300 BRISTOL STREET, 202 AND 210 NORTH CENTRAL AVENUE FROM MIXED USE-NEIGHBORHOOD (MU-N) AND FORM DISTRICT 4 (F-4) TO MIXED USE-COMMERCIAL (MU-C). Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 This Ordinance was adopted. 72. 19-016-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE CODY NEIGHBORHOOD TO WESTERN LAKE SUPERIOR HABITAT FOR HUMANITY FOR $1. Indexes: Attachments: Exhibit 1 Exhibit 2 This Ordinance was adopted. BY COUNCILOR VAN NETT (PUBLIC SAFETY) 73. 19-009-O AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 5 OF THE DULUTH CITY CODE PERTAINING TO MASSAGE THERAPISTS, ESTABLISHMENTS AND LICENSES. Indexes: Attachments: Motion to Amend: Anderson (7-1-1) Motion to Amend: Anderson (7-0-2) This Ordinance stays on second read. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 18