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 12, 2016 7:00 PM Council Chamber ROLL CALL ROLL CALL Present: 6- Councilor Gary Anderson, Councilor Jay Fosle, Councilor Barb Russ, Councilor Joel Sipress, Councilor Em Westerlund and Councilor Zack Filipovich Absent: 1- President Noah Hobbs PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS City of Duluth Page 1 City Council Minutes - Final December 12, 2016 1. 16-171 Duluth Transit Authority Meeting Minutes Indexes: Attachments: 9-28-16 DTA Meeting Minutes This Board or Commission Report was received. 2. 16-172 Housing and Redevelopment Authority Meeting Minutes Indexes: Attachments: 10-25-16 HRA Meeting Minutes This Board or Commission Report was received. 3. 16-174 Duluth Entertainment Convention Center Board Meeting Minutes Indexes: Attachments: 7-26-16 DECC Meeting Minutes 8-30-16 DECC Meeting Minutes 9-27-16 DECC Meeting Minutes This Board or Commission Report was received. PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 4. 16-173 Minnesota Power written acceptance of terms and conditions of 16-065-O Indexes: Attachments: November 22, 2016 Correspondence from Minnesota Power Accepting Ordinance 16-066-O This Petition/Other Communication was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES City of Duluth Page 2 City Council Minutes - Final December 12, 2016 REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 5. 16-0840R RESOLUTION APPROVING ISSUANCE OF AN ON SALE WINE LICENSE AND ISSUING AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO THE KING OF CREAMS, LLC, 502 E 4TH STREET. Indexes: Attachments: BEER LICENSE THE KING OF CREAMS WINE LICENSE THE KING OF CREAMS This Resolution was adopted unanimously. 6. 16-0841R RESOLUTION APPROVING ISSUANCE OF TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO ST. JAMES CATHOLIC CHURCH (ST.JAMES ), 715 N 57TH AVE WEST Indexes: Attachments: ST JAMES TEMPORARY LICENSE APPLICATION This Resolution was adopted unanimously. 7. 16-0906R RESOLUTION AUTHORIZING A CONTRACT WITH TASER INTERNATIONAL FOR THE PURCHASE OF SIXTY (60) TASERS AND ACCESSORIES IN THE AMOUNT OF $112,760.45. This Resolution was adopted unanimously. City of Duluth Page 3 City Council Minutes - Final December 12, 2016 BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 8. 16-0873R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF PROPERTY & EVIDENCE TECHNICIAN - SEXUAL ASSAULT KIT INITIATIVE (SAKI), AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Property & Evidence Technician - SAKI This Resolution was adopted unanimously. 9. 16-0888R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF CUSTOMER RELATIONS SUPERVISOR, INCLUDING A TITLE CHANGE TO UTILITY CUSTOMER SERVICE SUPERVISOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Utility Customer Service Supervisor Customer Relations Supervisor (strikeout).pdf This Resolution was adopted unanimously. 10. 16-0889R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF MANAGER, CUSTOMER SERVICE. Indexes: Attachments: Manager, Customer Service Manager, Customer Service (strikeout) This Resolution was adopted unanimously. 11. 16-0892R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF MANAGER, UTILITY OPERATIONS. Indexes: City of Duluth Page 4 City Council Minutes - Final December 12, 2016 Attachments: Manager, Utility Operations Manager, Utility Operations (strikeout) This Resolution was adopted unanimously. 12. 16-0893R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF CHIEF GAS CONTROLLER, INCLUDING A TITLE CHANGE TO GAS CONTROL SUPERVISOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Gas Control Supervisor Chief Gas Controller (strikeout) This Resolution was adopted unanimously. BY PRESIDENT FILIPOVICH (COMMITTEE OF THE WHOLE) BY PRESIDENT FILIPOVICH (COMMITTEE OF THE WHOLE) 13. 16-0909R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH-SUPERIOR PUBLIC ACCESS COMMUNITY TELEVISION, INC., FOR COMMUNITY ACCESS CABLECASTING, TRAINING, PRODUCTION AND ADMINISTRATION SERVICES IN 2017 IN THE NET AMOUNT OF $182,000. Indexes: Attachments: Exhibit A - 16-0909R This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 14. 16-0875R RESOLUTION VACATING A PLATTED STREET EASEMENT FOR VANDENBERG DRIVE NORTH AND SOUTH OF AIRPORT ROAD, AND A PLATTED ALLEY EASEMENT SOUTH OF AIRPORT ROAD, AND RETENTION OF PUBLIC UTILITY EAESEMENTS. Indexes: City of Duluth Page 5 City Council Minutes - Final December 12, 2016 Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. 15. 16-0876R RESOLUTION DEDICATING AND ACCEPTING A PUBLIC UTILITY EASEMENT ON CITY-OWNED PROPERTY ADJACENT TO AIRPORT ROAD. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. 16. 16-0878R RESOLUTION REPROGRAMMING $3,679 IN HOME FUNDS FROM RESOLUTION 09-0756R, APPROVED DECEMBER 21, 2009, TO FY 2015 HOMEOWNER REHAB PROJECT. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 17. 16-0879R RESOLUTION AUTHORIZING THE DIRECTOR OF PLANNING AND CONSTRUCTION SERVICES TO SIGN AN AGREEMENT CONSENTING TO A MNDOT DRAINAGE EASEMENT IMPACTING A CITY CONSERVATION EASEMENT. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. 18. 16-0881R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) RELATING TO PARTICIPATION BY DEDA IN THE CITY OF DULUTH SELF-INSURANCE FUND PROGRAM FOR 2017. Indexes: City of Duluth Page 6 City Council Minutes - Final December 12, 2016 Attachments: Exhibit A This Resolution was adopted unanimously. 19. 16-0908R RESOLUTION RESCINDING AND REPLACING RESOLUTION 16-0812 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: Attachments: Attachment to 16-0908 This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) BY COUNCILOR WESTERLUND (PUBLIC WORKS & UTILITIES) 20. 16-0834R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TRANSPORTATION ALTERNATIVES FUNDING FOR RESTORATION OF THE HISTORIC STONE RETAINING WALL AT BARDON’S PEAK OVERLOOK. Indexes: Attachments: 16-0834R Map Application (16-834R) This Resolution was adopted unanimously. 21. 16-0880R RESOLUTION AWARDING A CONTRACT TO SWANSON & YOUNGDALE, INC. FOR THE 2016-2017 PAINTING OF TRAFFIC CONTROL SIGNAL SYSTEMS PROJECT IN THE AMOUNT OF $118,207. Indexes: Attachments: 16-0880R Maps This Resolution was adopted unanimously. 22. 16-0882R RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN ST. LOUIS COUNTY, THE CITY OF DULUTH AND THE CITY OF PROCTOR TO City of Duluth Page 7 City Council Minutes - Final December 12, 2016 COMPLETE A SURFACE REHABILITATION PROJECT WITHIN THE CITIES OF DULUTH AND PROCTOR. Indexes: Attachments: Exhibit A Boundary Map (16-0882R) This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 23. 16-0899R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, OFFICE OF JUSTICE PROGRAMS, IN THE TOTAL AMOUNT OF $410,000 FOR THE PURPOSE OF SUPPORTING THE OPERATIONS OF THE LAKE SUPERIOR DRUG AND VIOLENT CRIME TASK FORCE THROUGH DECEMBER 31, 2017. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR SIPRESS (RECREATION, LIBRARIES & AUTHORITIES) 24. 16-0833R RESOLUTION ADOPTING AN EMERALD ASH BORER (EAB) MANAGEMENT PLAN. Indexes: Attachments: Exhibit A-FINAL EAB Plan 11 29 16 This Resolution was adopted unanimously. 25. 16-0910R RESOLUTION APPROVING THE PURCHASE BY THE DULUTH TRANSIT AUTHORITY OF A MEMBERSHIP INTEREST IN MICHIGAN STREET TRANSIT CENTER, LLC. Indexes: Attachments: Attachment - Map of MichiganStTransitCenter_BL City of Duluth Page 8 City Council Minutes - Final December 12, 2016 A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- Councilor Anderson, Councilor Fosle, Hansen, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Absent: 1- President Hobbs Abstain: 1- Hanson END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR HOBBS (PURCHASING & LICENSING) BY COUNCILOR HOBBS (PURCHASING & LICENSING) 26. 16-0895R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CONFLUENCE FOR MANAGEMENT AND MASTER PLANNING SERVICES FOR THE DULUTH TRAVERSE TRAIL SYSTEM FOR A TOTAL NOT TO EXCEED OF $62,912. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- Councilor Anderson, Hansen, Hanson, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle Absent: 1- President Hobbs BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 27. 16-0890R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF STREET MAINTENANCE MANAGER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Street Maintenance Manager City of Duluth Page 9 City Council Minutes - Final December 12, 2016 This Resolution was adopted unanimously. BY PRESIDENT FILIPOVICH (COMMITTEE OF THE WHOLE) BY PRESIDENT FILIPOVICH (COMMITTEE OF THE WHOLE) 28. 16-0907R RESOLUTION ENDORSING A MODIFICATION TO THE COUNCIL’S FIVE YEAR PHASE-OUT OF THE STREET LIGHTING FEE PLAN APPROVED BY RESOLUTION 14-0611 TO DEFER A PORTION OF THE 2017 SCHEDULED REDUCTION TO THE STREET LIGHTING FEE. Indexes: Attachments: Exhibit A This Resolution was adopted. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 29. 16-0884R RESOLUTION APPROVING THE 2017 ANNUAL ACTION PLAN AND AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME PROGRAM (HOME), AND EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) PROGRAM FUNDS. This Resolution was adopted. Yea: 7- Councilor Anderson, Hansen, Hanson, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle Absent: 1- President Hobbs 30. 16-0885R RESOLUTION AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 2017 PROGRAM YEAR, AUTH-ORIZING AGREEMENTS WITH APPROPRIATE AGENCIES, AND AUTHORIZING REPROGRAMMING OF $100,232.47 IN 2013, 2014, AND 2015 CDBG FUNDS AND TRANSFERRING TO 2017 CDBG PROJECTS. City of Duluth Page 10 City Council Minutes - Final December 12, 2016 A motion was made that this Resolution be tabled. The motion carried by the following vote: Yea: 7- Councilor Anderson, Hansen, Hanson, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle Absent: 1- President Hobbs 31. 16-0886R RESOLUTION AUTHORIZING A REQUEST FOR HUD HOME FUNDS FOR THE 2017 PROGRAM YEAR, AUTHORIZING CONTRACTS, AND AUTHORIZING REPROGRAMMING OF $62,473.00 IN 2014 AND 2015 HOME FUNDS AND TRANSFERRING TO 2017 HOME PROJECTS. A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- Councilor Anderson, Hansen, Hanson, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle Absent: 1- President Hobbs 32. 16-0887R RESOLUTION AUTHORIZING A REQUEST FOR HUD EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG) FUNDING FOR THE 2017 PROGRAM YEAR, AUTHORIZING CONTRACTS, AND AUTHORIZING REPROGRAMMING OF $4,332.78 IN 2014 ESG FUNDS AND TRANSFERRING TO 2017 ESG PROJECTS. A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- Councilor Anderson, Hansen, Hanson, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle Absent: 1- President Hobbs INTRODUCTION AND CONSIDERATION OF ORDINANCES INTRODUCTION AND CONSIDERATION OF ORDINANCES The following entitled ordinances are to be read for the first time: City of Duluth Page 11 City Council Minutes - Final December 12, 2016 The following entitled ordinances are to be read for the first time: BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 33. 16-077-O AN ORDINANCE ADOPTING THE U.S. ENVIRONMENTAL PROTECTION AGENCY (“EPA”) BROWNFIELD REVOLVING LOAN FUND PROGRAM GUIDELINES. Indexes: Attachments: Exhibit A BRLF Process Diagram 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 HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 34. 16-071-O AN ORDINANCE DETERMING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2017. A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 7- Councilor Anderson, Hansen, Hanson, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle Absent: 1- President Hobbs 35. 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) A motion was made that this Ordinance be adopted. The motion carried by the City of Duluth Page 12 City Council Minutes - Final December 12, 2016 following vote: Yea: 7- Councilor Anderson, Hansen, Hanson, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle Absent: 1- President Hobbs 36. 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. A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 6- Councilor Anderson, Hansen, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle Absent: 1- President Hobbs Abstain: 1- Hanson 37. 16-075-O AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2017 APPROPRIATING MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. Indexes: Attachments: Hobbs Motion To Amend - WITHDRAWN (12/5/16) A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 7- Councilor Anderson, Hansen, Hanson, Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Filipovich Nay: 1- Councilor Fosle Absent: 1- President Hobbs BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 38. 16-074-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION OF City of Duluth Page 13 City Council Minutes - Final December 12, 2016 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 A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 5- Councilor Fosle, Hansen, Councilor Russ, Councilor Sipress and Councilor Filipovich Nay: 3- Councilor Anderson, Hanson and Councilor Westerlund Absent: 1- President Hobbs COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 14