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, July 17, 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. 17-118 July 10, 2017 City Council Meeting Minutes Indexes: Attachments: July 10, 2017 - Council Meeting These Minutes were approved. City of Duluth Page 1 City Council Minutes - Final July 17, 2017 REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS 2. 17-115 Application for Exempt Permit: Epilepsy Foundation of Minnesota & Northern Lights Foundation Indexes: Attachments: Application for Exempt Permit - Epilepsy Foundation of Minnesota Application for Exempt Permit - Northern Lights Foundation This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 3. 17-116 Civil Service Board Meeting Minutes Indexes: Attachments: 05-02-2017 - Civil Service Board Meeting Minutes This Board or Commission Report was received. 4. 17-117 Alcohol, Gambling & Tobacco Commission Meeting Minutes Indexes: Attachments: 06-07-2017 - Alcohol, Gambling & Tobacco Commission This Board or Commission Report was received. DISTINGUISHED ARTIST AWARD - Cecilia Lieder REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL COMMITTEES City of Duluth Page 2 City Council Minutes - Final July 17, 2017 REPORTS OF COUNCIL OPEN ISSUES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD OPPORTUNITY FOR CITIZENS TO BE HEARD RESOLUTIONS TABLED RESOLUTIONS TABLED BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 5. 17-0374R RESOLUTION AMENDING RESOLUTION 16-0846, ADOPTING LICENSE, PERMIT, FINE, PENALTY, AND OTHER CHARGES FOR 2017, TO REVISE VACANT BUILDING REGISTRATION FEES. This resolution remains on the table. CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 6. 17-0512R RESOLUTION AUTHORIZING CABLE TELEVISION FRANCHISE EXTENSION AGREEMENT WITH CHARTER COMMUNICATIONS THROUGH DECEMBER 31, 2017. Indexes: Attachments: Charter Communications Franchise Extension Agreement (through December 31, 2017) This Resolution was adopted unanimously. City of Duluth Page 3 City Council Minutes - Final July 17, 2017 BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 7. 17-0495R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE DESIGNATED SERVING AREA OF THEIR ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: Attachment A MR D's Attachment B Kom on Inn Attachment C GRIZZLYS This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Hansen 8. 17-0504R RESOLUTION AUTHORIZING A CONTRACT WITH DIRT, INC. FOR EQUESTRIAN TRAIL IMPROVEMENTS AT MAGNEY-SNIVELY NATURAL AREA FOR AN AMOUNT NOT TO EXCEED $137,610. This Resolution was adopted unanimously. 9. 17-0516R RESOLUTION AUTHORIZING A CONTRACT WITH SUNRAM CONSTRUCTION, INC. FOR MILLER CREEK STREAMBANK RESTORATION FOR AN AMOUNT NOT TO EXCEED $477,575. This Resolution was adopted unanimously. 10. 17-0517R RESOLUTION AUTHORIZING A CONTRACT WITH STACK BROTHERS MECHANICAL CONTRACTORS, INC. FOR A RESTROOM ADDITION TO LAFAYETTE COMMUNITY CENTER FOR AN AMOUNT NOT TO EXCEED $239,000. Indexes: Attachments: 17-0517 (Original) City of Duluth Page 4 City Council Minutes - Final July 17, 2017 This Resolution was tabled. Yea: 7- Councilor Anderson, Councilor Filipovich, Hansen, Hanson, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 2- Councilor Fosle and President Hobbs BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 11. 17-0511R RESOLUTION CONFIRMING THE APPOINTMENT OF LAURA NESS TO THE SANITARY SEWER BOARD OF THE WESTERN LAKE SUPERIOR SANITARY DISTRICT Indexes: Attachments: Laura Ness App This Resolution was adopted unanimously. 12. 17-0513R RESOLUTION CONFIRMING THE APPOINTMENT OF CHERISE PAYTON TO THE DULUTH CITIZEN REVIEW BOARD. Indexes: Attachments: Payton App This Resolution was adopted unanimously. 13. 17-0522R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF FLEET ASSISTANT, INCLUDING A TITLE CHANGE TO FLEET SERVICES COORDINATOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Fleet Services Coordinator Fleet Assistant (strikeout) This Resolution was adopted unanimously. 14. 17-0523R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF FIREFIGHTER. Indexes: City of Duluth Page 5 City Council Minutes - Final July 17, 2017 Attachments: Job Description Job Description (Strikeout) This Resolution was adopted unanimously. 15. 17-0524R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF PROJECT TECHNICIAN, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Project Technician This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 16. 17-0525R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL PROPERTY IN THE CODY NEIGHBORHOOD. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 17. 17-0510R RESOLUTION CONSENTING TO ASSIGNMENT OF CITY CONTRACT NO. 22911 TO TWIN PORTS TESTING II, INC. Indexes: Attachments: Attachment - 17-0510R This Resolution was adopted unanimously. 18. 17-0515R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC FOR THE KENWOOD AVENUE MILL & OVERLAY AND LYONS STREET REALIGNMENT PROJECT IN City of Duluth Page 6 City Council Minutes - Final July 17, 2017 THE AMOUNT OF $336,054.86. Indexes: Attachments: 17-0515R Map This Resolution was adopted unanimously. 19. 17-0518R RESOLUTION AWARDING A CONTRACT TO UTILITY SYSTEMS OF AMERICA, INC. FOR THE 2017 BWSR SEDIMENT REDUCTION PROJECT IN THE AMOUNT OF $416,149. Indexes: Attachments: 17-0518R Map This Resolution was adopted unanimously. 20. 17-0527R RESOLUTION AUTHORIZING THE PURCHASE OF PRE-INSULATED PIPE, VALVES AND FITTINGS FOR THE STEAM PORTION OF THE SUPERIOR STREET RECONSTRUCTION PROJECT FROM URECON FOR AN ESTIMATED AMOUNT NOT TO EXCEED $260,696.24. This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 21. 17-0457R RESOLUTION AUTHORIZING APPLICATION TO AND, IF OFFERED, ACCEPTANCE OF A $750,000 GREATER MINNESOTA REGIONAL PARK AND TRAIL COMMISSION GRANT FOR HARTLEY PARK MINI MASTER PLAN IMPLEMENTATION. Indexes: Attachments: Exhibit A_2017 Park Legacy Contract Sample This Resolution was adopted unanimously. 22. 17-0519R RESOLUTION AUTHORIZING A CONTRIBUTION OF UP TO $7,500 FROM MINNESOTA TRAIL RIDERS ASSOCIATION ON BEHALF OF THE DULUTH AREA HORSE TRAIL ALLIANCE FOR EQUESTRIAN TRAIL IMPROVEMENTS IN MAGNEY-SNIVELY NATURAL AREA. City of Duluth Page 7 City Council Minutes - Final July 17, 2017 This Resolution was adopted unanimously. 23. 17-0521R RESOLUTION AUTHORIZING A THREE-YEAR USE AGREEMENT WITH THE CONGDON PARK SOCCER CLUB FOR USE OF OLD MAIN PARK. Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. BY PRESIDENT SIPRESS (COMMITTEE OF THE WHOLE) BY PRESIDENT SIPRESS (COMMITTEE OF THE WHOLE) 24. 17-0528R RESOLUTION APPROVING SETTLEMENT IN THE MATTER OF NORMAN, ET AL. V. CITY OF DULUTH, ET AL. IN THE AMOUNT OF $385,000 PURSUANT TO THE TERMS OF THE MEDIATED SETTLEMENT AGREEMENT. Indexes: Attachments: RELEASE AND INDEMNITY AGREEMENT This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 25. 17-0520R RESOLUTION REVERSING CONDEMNATION FOR HABITATION ORDER ISSUED FEBRUARY 21, 2017 BY CITY LIFE SAFETY OFFICE TO OWNER AND TENANT OF 120 WEST FIFTH STREET, UPPER UNIT This Resolution was failed unanimously. City of Duluth Page 8 City Council Minutes - Final July 17, 2017 26. 17-0526R RESOLUTION AFFIRMING BUILDING APPEAL BOARD’S DECISION TO DENY APPEAL OF CONDEMNATION FOR HUMAN HABITATION ORDER ISSUED FEBRUARY 21, 2017 BY CITY LIFE SAFETY OFFICE FOR 120 WEST FIFTH STREET, UPPER UNIT This Resolution was adopted as amended. ORDINANCES TABLED ORDINANCES TABLED BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 27. 17-034-O AN ORDINANCE AMENDING SECTION 10-3 RELATED TO VACANT BUILDING REGISTRATION REQUIREMENTS Indexes: Attachments: Motion To Amenda: Filipovich - Passed (6-1) Motion To Amenda: Sipress - Passed (8-1) 17-034-O (Original) 17-034-O (Original #2) This ordinance remains on the table. 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 WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 28. 17-030-O AN ORDINANCE CREATING EXCEPTION TO TREE SERVICE LICENSING REQUIREMENT FOR CITY PROJECTS BEYOND THE CAPACITY OF ORDINARY LICENSEES, AMENDING ARTICLE IV OF CHAPTER 35 OF THE DULUTH CITY CODE. City of Duluth Page 9 City Council Minutes - Final July 17, 2017 This Ordinance was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS Meeting adjourned at 8:05 p.m. City of Duluth Page 10