City Council

411 West First Street City of Duluth Duluth, Minnesota 55802 Meeting Agenda - 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, September 9, 2019 7:00 PM Council Chamber ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 19-168 Minutes of the Duluth City Council Attachments: August 26, 2019 REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS 2. 19-165 Petitions for Local Improvements Attachments: Petitions for Local Improvements 3. 19-167 MN Lawful Gambling: Application for Exempt Permits Attachments: Essentia St. Michael's Church REPORTS OF BOARDS AND COMMISSIONS City of Duluth Page 1 Printed on 9/13/2019 City Council Meeting Agenda - Final September 9, 2019 4. 19-169 Duluth Public Utilities Commission Meeting Minutes Attachments: 05/21/2019 - DPUC 5. 19-170 Entertainment and Convention Center Authority Meeting Minutes Attachments: April 23, 2019 DECC Board Meeting Minutes June 26, 2019 DECC Board Meeting Minutes May 29, 2019 DECC Board Meeting Minutes 6. 19-171 Parks and Recreation Commission Meeting Minutes Attachments: 06/12/2019 - Parks and Rec 7. 19-172 Housing and Redevelopment Authority Meeting Minutes Attachments: HRA Minutes June 2019 HRA Minutes July 2019 REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA BY COUNCILOR ANDERSON (FINANCE) 8. 19-0606R RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2019A, IN THE APPROXIMATE AMOUNT OF $1,200,000; ESTABLISHING THE TERMS AND FORM THEREOF; CREATING A DEBT SERVICE FUND THEREFOR; AND PROVIDING FOR AWARDING THE SALE THEREOF. Attachments: Exhibit A Exhibit B City of Duluth Page 2 Printed on 9/13/2019 City Council Meeting Agenda - Final September 9, 2019 9. 19-0607R RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION CAPITAL EQUIPMENT NOTES, SERIES 2019B, IN THE APPROXIMATE AMOUNT OF $3,170,000; ESTABLISHING THE TERMS AND FORM THEREOF; CREATING A DEBT SERVICE FUND THEREFOR; AND PROVIDING FOR AWARDING THE SALE THEREOF. Attachments: Exhibit A Exhibit B 10. 19-0608R RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION CAPITAL IMPROVEMENT REFUNDING BONDS, SERIES 2019C; ESTABLISHING THE TERMS AND FORM THEREOF; CREATING A DEBT SERVICE FUND THEREFOR; AND PROVIDING FOR AWARDING THE SALE THEREOF. Attachments: Exhibit A Exhibit B Exhibit C BY COUNCILOR FOSLE (PURCHASING & LICENSING) 11. 19-0602R RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC., FOR GIS LICENSING FOR AN AMOUNT NOT TO EXCEED $156,000. Attachments: Exhibit A 12. 19-0613R RESOLUTION ISSUING AN OFF SALE 3.2 PERCENT MALT LIQUOR LICENSE TO KWIK TRIP, INC. (KWIK TRIP #941), 110 S. BOUNDARY AVENUE Attachments: Attachment A 13. 19-0615R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE BREWER TAPROOM LICENSE OF DULUTH CIDER, LLC (DULUTH CIDER) 2307 W. SUPERIOR STREET Attachments: Attachment B 14. 19-0616R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE AND SUNDAY LICENSE TO CRABBY OL’ BILLS, INC (LAKEWALK GALLEY), 504 CANAL PARK DRIVE Attachments: Attachment C BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) City of Duluth Page 3 Printed on 9/13/2019 City Council Meeting Agenda - Final September 9, 2019 15. 19-0581R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1210 SOUTH LAKE AVENUE (STEVE AND HEATHER PITSCHKA). Attachments: Attachment 1 16. 19-0582R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1535 SOUTH LAKE AVENUE (STEVE AND HEATHER PITSCHKA). Attachments: Attachment 1 17. 19-0583R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1302 MINNESOTA AVENUE (STEVE AND HEATHER PITSCHKA). Attachments: Attachment 1 BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) 18. 19-0605R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR UTILITY PURPOSES FROM MOLINE MACHINERY, LLC AUTHORITY OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE IRVING NEIGHBORHOOD, AT NO COST TO THE CITY. Attachments: Exhibit 1.pdf 19. 19-0609R RESOLUTION AUTHORIZING AN AGREEMENT WITH MSA PROFESSIONAL SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE EAST SECOND STREET RECONSTRUCTION PROJECT FROM SIXTH AVENUE EAST TO 12TH AVENUE EAST IN THE AMOUNT OF $610,409.68. Attachments: 19-0609R Map 19-0609R Exhibit A 20. 19-0610R RESOLUTION AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH TOOLE DESIGN GROUP, LLC, FOR THE DESIGN OF THE TEMPORARY RELOCATION OF THE CROSS CITY TRAIL, TO INCREASE THE AMOUNT BY $43,294 FOR A NEW AMOUNT NOT TO EXCEED $68,720. Attachments: Exhibit A Exhibit B City of Duluth Page 4 Printed on 9/13/2019 City Council Meeting Agenda - Final September 9, 2019 21. 19-0611R RESOLUTION OF INTENT FOR CONSTRUCTION OF PAVEMENT AND SIDEWALK IMPROVEMENTS TO TECHNOLOGY DRIVE TO SERVE 3301 TECHNOLOGY DRIVE, 3401 TECHNOLOGY DRIVE AND 4314 RICE LAKE ROAD. Attachments: 19-0611R Map 19-0611R Signed Petition No. 1 19-0611R Signed Petition No. 2 19-0611R Signed Petition No. 3 22. 19-0618R RESOLUTION AMENDING A CONTRACT WITH MSA PROFESSIONAL SERVICES, INC., TO PROVIDE PROFESSIONAL ENGINEERING, TO INCLUDE ENVIRONMENTAL DESIGN FOR THE LIFT STATION 15 RELOCATION PROJECT, TO INCREASE THE AMOUNT BY $36,448 FOR A NEW TOTAL OF $166,807. Attachments: 19-0618R Map Amendment 1 8.30.19.pdf BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 23. 19-0603R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR PUBLIC RECREATIONAL, WALKWAY AND TRAIL PURPOSES IN CONNECTION WITH THE CROSS CITY TRAIL FROM MOLINE MACHINERY, LLC AUTHORITY OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE IRVING NEIGHBORHOOD, AT NO COST TO THE CITY. Attachments: Exhibit 1.pdf 24. 19-0604R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR PUBLIC RECREATIONAL, WALKWAY AND TRAIL PURPOSES IN CONNECTION WITH THE GRASSY POINT TRAIL FROM MOLINE MACHINERY, LLC AUTHORITY OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE IRVING NEIGHBORHOOD, AT NO COST TO THE CITY. Attachments: Exhibit 1.pdf 25. 19-0617R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A CONSERVATION PARTNERS LEGACY GRANT OF UP TO $400,000 FOR THE PURPOSE OF SKYLINE PARKWAY LAND ACQUISITION. Attachments: Exhibit A_Location Map END OF CONSENT AGENDA The following entitled ordinances are to be read for the first time: City of Duluth Page 5 Printed on 9/13/2019 City Council Meeting Agenda - Final September 9, 2019 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 26. 19-038-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY SOUTH OF THE INTERSECTION OF WEST GARY STREET AND BECKS ROAD FROM RURAL RESIDENTIAL 1 (RR-1) TO MIXED USE BUSINESS PARK (MU-B). Attachments: Attachment 1 Attachment 2 Attachment 3 27. 19-039-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTIES NEAR THE INTERSECTION OF COMMONWEALTH AVENUE AND BECKS ROAD FROM RURAL RESIDENTIAL 1 (RR-1) AND RESIDENTIAL-TRADITIONAL (R-1) TO MIXED USE BUSINESS PARK (MU-B). Attachments: Attachment 1 Attachment 2 Attachment 3 The following entitled ordinances are to be read for the second time: BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 28. 19-040-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR A GROUNDWATER MONITORING WELL IN THE PLATTED STREET RIGHT OF WAY OF GRAND AVENUE. Attachments: PL 19-101 Exhibit & Legal PL 19-101 Staff Report and attachments BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) 29. 19-041-O ORDINANCE AMENDING SECTION 1 OF ORDINANCE 10298 TO EXTEND THE REPEAL DATE TO DECEMBER 31, 2024, FOR ARTICLE XII OF CHAPTER 45 OF THE CITY CODE ENTITLED STREET LIGHTING SYSTEM UTILITY. Sponsors: Hobbs COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 6 Printed on 9/13/2019 City Council Meeting Agenda - Final September 9, 2019 City of Duluth Page 7 Printed on 9/13/2019