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, December 5, 2016 7:00 PM Council Chamber ROLL CALL All councilors are present Present: 7- Councilor Gary Anderson, Councilor Jay Fosle, President Noah Hobbs, Councilor Barb Russ, Councilor Joel Sipress, Councilor Em Westerlund and Councilor Zack Filipovich PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE Public Hearings REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS 1. 16-168 Clerk Application for Exempt Permit -Twin Ports Walleye Association -MN Bluegrass & Old-Time Music Association City of Duluth Page 1 City Council Minutes - Final December 5, 2016 Indexes: Attachments: Application for Exempt Permit - MN Bluegrass Application for Exempt Permit - Twin Ports Walleye Association This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 2. 16-166 DPUC Meeting Minutes Indexes: Attachments: 10-18-2016 DPUC Meeting Minutes This Board or Commission Report was received. 3. 16-167 Library Board Meeting Minutes Indexes: Attachments: 10-25-2016 Library 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 2 City Council Minutes - Final December 5, 2016 CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 4. 16-0857R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2017 TO DECEMBER 31, 2017 BUDGETS OF THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 5. 16-0870R RESOLUTION DISTRIBUTING THE ESTIMATED 2017 HOTEL-MOTEL AND FOOD AND BEVERAGE TOURISM TAXES. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 6. 16-0871R RESOLUTION APPROVING THE ISSUANCE OF A 2017 MINNESOTA CURRENCY EXCHANGE LICENSE TO THE TITLE LOAN COMPANY, INC. Indexes: Attachments: CURRENCY EXCHANGE-11282016155610 This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 7. 16-0817R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE City of Duluth Page 3 City Council Minutes - Final December 5, 2016 CLASSIFICATION OF LIBRARY TECHNICIAN. Indexes: Attachments: Library Technician Library Technician (strikeout) This Resolution was adopted unanimously. 8. 16-0819R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF GAS PROJECT COORDINATOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Gas Project Coordinator This Resolution was adopted unanimously. 9. 16-0820R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF FACILITY MAINTENANCE LEADWORKER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Facility Maintenance Leadworker This Resolution was adopted unanimously. 10. 16-0856R RESOLUTION CONFIRMING THE APPOINTMENT OF REVERAND GARY GOTTFRIED TO THE SAINT LOUIS COUNTY HEADING HOME GOVERNANCE BOARD This Resolution was adopted unanimously. 11. 16-0859R RESOLUTION CONFIRMING THE APPOINTMENT OF ABIGAIL MLINAR TO THE COMMUNITY DEVELOPMENT COMMITTEE Indexes: Attachments: A. Mlinar This Resolution was adopted unanimously. City of Duluth Page 4 City Council Minutes - Final December 5, 2016 12. 16-0860R THIS RESOLUTION CONFIRMS THE APPOINTMENT OF SANDY JOHNSON, MELISSA LA TOUR, AND ASHLEY KOLKA TO THE DULUTH PUBLIC ARTS COMMISSION. Indexes: Attachments: S. Johnson M. La Tour A. Kolka This Resolution was adopted unanimously. 13. 16-0862R RESOLUTION CONFIRMING THE APPOINTMENT OF MICHAEL MALONE AND STACEY DEROCHE TO THE HERITAGE PRESERVATION COMMISSION Indexes: Attachments: M. Malone S. DeRoche This Resolution was adopted unanimously. 14. 16-0864R RESOLUTION CONFIRMING THE APPOINTMENT OF MARY OWEN AND LAWRENCE HEADY TO THE INDIGENOUS COMMITTEE. Indexes: Attachments: M. Owen L. Heady This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 15. 16-0812R RESOLUTION VACATING A UTILITY EASEMENT OVER PORTIONS OF VACATED SAINT LOUIS AVENUE AND TENTH STREET, AND A STREET EASEMENT OVER THE SOUTHEASTERLY 15 FEET OF LOTS 176 AND 175 INCLUDING ADJACENT SAINT LOUIS AVENUE, ALL IN UPPER DULUTH (LAKEHEAD HOTEL PARTNERS). Indexes: City of Duluth Page 5 City Council Minutes - Final December 5, 2016 Attachments: Attachment 1 Attachment 2 Attachment 3 This Resolution was adopted unanimously. 16. 16-0847R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1421 EAST SUPERIOR STREET (MICHAEL SCHRAEPFER). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 17. 16-0848R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 350 MYGATT AVENUE (JULIANNA AND SRI MUTHU). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 18. 16-0802R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT C22747 WITH ENERGY INSIGHT, INC. FOR PROFESSIONAL SERVICES RELATING TO THE PUBLIC WORKS AND UTILITIES COMMERCIAL AND INDUSTRIAL CONSERVATION IMPROVEMENT PROGRAM FOR AN AMOUNT NOT TO EXCEED $49,000 AND A NEW CONTRACT TOTAL NOT TO EXCEED $70,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 19. 16-0805R RESOLUTION AWARDING A CONTRACT TO LAKEHEAD City of Duluth Page 6 City Council Minutes - Final December 5, 2016 CONSTRUCTORS, INC. FOR THE MINNESOTA SLIP PEDESTRIAN BRIDGE REHABILITATION IN THE AMOUNT OF $2,770,234.07. Indexes: Attachments: 16-0805R Map This Resolution was adopted unanimously. 20. 16-0806R RESOLUTION TO RESCIND THE DESIGNATION AND ESTABLISHMENT AS ONE WAY STREETS THAT PART OF THE SEGMENT OF FIRST AVENUE WEST BETWEEN SUPERIOR STREET AND THIRD STREET, THE SEGMENT OF SECOND AVENUE WEST BETWEEN SUPERIOR STREET TO FOURTH STREET, AND THE SEGMENT OF THIRD AVENUE WEST BETWEEN SUPERIOR STREET AND FOURTH STREET. Indexes: Attachments: 16-0806R Existing Configuration Map 16-0806R Memo 16-0806R Phase 1 Map 16-0806R Phase 2 Map 16-0806R Phase 3 Map 16-0806R Project Overview Map This Resolution was adopted unanimously. 21. 16-0829R RESOLUTION AUTHORIZING ANNUAL BANKING SERVICES FOR 2017 WITH BMO HARRIS BANK, N.A., FOR AN ESTIMATED TOTAL OF $118,000. This Resolution was adopted unanimously. 22. 16-0830R RESOLUTION AUTHORIZING A PURCHASE FROM COMPASS MINERALS FOR THE TAX-EXEMPT PURCHASE OF ROAD SALT FOR SPRING 2017 IN THE AMOUNT OF $472,240. This Resolution was adopted unanimously. City of Duluth Page 7 City Council Minutes - Final December 5, 2016 23. 16-0835R RESOLUTION APPROVING DULUTH STEAM DISTRICT NO. 1 THERMAL ENERGY HOT WATER RATE FOR EASTERN CANAL PARK. This Resolution was adopted unanimously. 24. 16-0850R RESOLUTION AUTHORIZING RENEWAL OF AN ANNUAL CONTRACT WITH INFOSEND, INC., FOR MAILING SERVICES AND POSTAGE DURING YEAR 2017 IN THE AMOUNT OF $196,000. Indexes: Attachments: Exhibit A for Resolution.pdf This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 25. 16-0837R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, IN AN AMOUNT TOTALING $444,152 AND FURTHER AUTHORIZING AN AGREEMENT WITH PROGRAM TO AID VICTIMS OF SEXUAL ASSAULT FOR THEIR PARTICIPATION IN THE PROJECT ENTITLED “2016 SEXUAL ASSAULT KIT INITIATIVE PROJECT”. Indexes: Attachments: Exhibit A Exhibit B Exhibit C This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Fosle, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress and Councilor Filipovich Abstain: 1- Councilor Westerlund BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 26. 16-0832R RESOLUTION APPROVING THE DULUTH PUBLIC LIBRARY’S STRATEGIC PLAN FOR 2016-2020. Indexes: City of Duluth Page 8 City Council Minutes - Final December 5, 2016 Attachments: Exhibit A - Duluth Library Strategic Plan This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 27. 16-0836R RESOLUTION ESTABLISHING AN INTERFUND LOAN NOT TO EXCEED $2,000,000 TO PARTIALLY FINANCE THE REHABILITATION OF THE MINNESOTA SLIP BRIDGE. A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle 28. 16-0838R RESOLUTION AUTHORIZING CITY OFFICIALS TO ALLOCATE $500,000 FROM THE TOURISM TAX FUND TO PARTIALLY FINANCE THE REHABILITATION OF THE MINNESOTA SLIP BRIDGE. A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle 29. 16-0839R RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND STATING INTENT TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS UNDER MINNESOTA STATUTES, SECTION 475.521. A motion was made that this Resolution be adopted. The motion carried by the City of Duluth Page 9 City Council Minutes - Final December 5, 2016 following vote: Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle 30. 16-0842R RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, STATING THE INTENT TO ISSUE GENERAL OBLIGATION CAPITAL EQUIPMENT NOTES, SERIES 2017, IN THE APPROXIMATE AMOUNT OF $3,950,000 AND APPROVING THE CAPITAL EQUIPMENT LIST ASSOCIATED WITH THE NOTES. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle 31. 16-0846R RESOLUTION ADOPTING LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR 2017. Indexes: Attachments: Exhibit A Exhibit B Hobbs Motion To Amend - WITHDRAWN (12/5/16) A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- Councilor Anderson, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle Abstain: 1- Hansen 32. 16-0852R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2017 TO DECEMBER 31, 2017, OPERATION BUDGET OF THE DULUTH TRANSIT AUTHORITY. Indexes: Attachments: Exhibit A City of Duluth Page 10 City Council Minutes - Final December 5, 2016 A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- Councilor Anderson, Hansen, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle Abstain: 1- Hanson 33. 16-0854R RESOLUTION ESTABLISHING ANNUAL BONDING PLAN FOR 2017. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle 34. 16-0858R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2017 TO DECEMBER 31, 2017, OPERATION BUDGET OF THE DULUTH AIRPORT AUTHORITY. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 35. 16-0818R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF UTILITY SERVICES HELPER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Utility Services Helper City of Duluth Page 11 City Council Minutes - Final December 5, 2016 This Resolution was adopted unanimously. 36. 16-0866R RESOLUTION CONFIRMING THE APPOINTMENTS OF CRUZ MENDOZA, ROGIER GREGOIRE, SANDRA VAN DEN BOSSE, CHARLES OBIJE, PATTI LARSEN, REBECCA DOMAGALA, ASHLEY NEENAN CHRISTINA WOODS AND ASHLEY GRIMM TO THE DULUTH HUMAN RIGHTS COMMISSION. Indexes: Attachments: S. Van Den Bosse C. Obije C. Woods R. Gregoire A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle 37. 16-0874R RESOLUTION SUPPORTING THE STANDING ROCK SIOUX TRIBE’S EFFORT TO PROTECT SACRED TRIBAL LANDS AND THE MISSOURI RIVER. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Absent: 1- Councilor Fosle BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 38. 16-0851R RESOLUTION AUTHORIZING A CONTRACT WITH KTM PAVING, INC. FOR THE RECONSTRUCTION OF FOUR PARKING AREAS AT HARTLEY PARK FOR AN AMOUNT NOT TO EXCEED $221,394.09. City of Duluth Page 12 City Council Minutes - Final December 5, 2016 This Resolution was adopted unanimously. Yea: 7- Councilor Anderson, Hansen, Hanson, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Absent: 2- Councilor Fosle and President Hobbs 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 HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 39. 16-071-O AN ORDINANCE DETERMING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2017. This Ordinance was read for the first time. 40. 16-072-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2017. Indexes: Attachments: Hobbs Motion To Amend - WITHDRAWN (12/5/16) This Ordinance was read for the first time. 41. 16-073-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2017. This Ordinance was read for the first time. 42. 16-075-O AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2017 APPROPRIATING MONIES FOR THE SUPPORT OF THE CITY City of Duluth Page 13 City Council Minutes - Final December 5, 2016 GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. Indexes: Attachments: Hobbs Motion To Amend - WITHDRAWN (12/5/16) This Ordinance was read for the first time. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 43. 16-074-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION OF PROPERTY ALONG WEST ARROWHEAD ROAD FROM RR-1 TO R-2, AND FOR PROPERTY ALONG WEST MARBLE STREET FROM RR-1 TO R-1. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 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 ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 44. 16-069-O AN ORDINANCE AMENDING CHAPTER 29C OF DULUTH CITY CODE UPDATING THE CITY’S HUMAN RIGHTS ORDINANCE BY CLARIFYING THE POWERS AND DUTIES OF THE COMMISSION AND HUMAN RIGHTS OFFICER, DECREASING THE SIZE OF THE HUMAN RIGHTS COMMISSION FROM 15 TO NINE MEMBERS, AND CORRECTING REFERENCES TO STATE STATUTES. This Ordinance was adopted unanimously. City of Duluth Page 14 City Council Minutes - Final December 5, 2016 Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Absent: 1- Councilor Fosle 45. 16-070-O AN ORDINANCE REPEALING ARTICLE XXIV OF CHAPTER 2 OF THE CITY CODE RELATING TO THE HUMAN RIGHTS COMMISSION. This Ordinance was adopted unanimously. Yea: 8- Councilor Anderson, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Absent: 1- Councilor Fosle COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 15