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, September 11, 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. 17-136 August 28, 2017 City Council Meeting Indexes: Attachments: August 28 - Council Meeting This Minutes was approved. REPORTS FROM THE ADMINISTRATION City of Duluth Page 1 City Council Minutes - Final September 11, 2017 REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 2. 17-137 Library Board Meeting Minutes Indexes: Attachments: 6-27-2017 Library Board Meeting Minutes This Board or Commission Report was received. 3. 17-138 Duluth Entertainment Convention Center Meeting Minutes Indexes: Attachments: 4-25-2017 Duluth Entertainment Convention Center Meeting Minutes 5-30-2017 Duluth Entertainment Convention Center Meeting Minutes 6-27-2017 Duluth Entertainment Convention Center Meeting Minutes This Board or Commission Report was received. 4. 17-139 Civil Service Board Meeting Minutes Indexes: Attachments: 7-11-2017 Civil Service Board Meeting Minutes This Board or Commission Report was received. 5. 17-140 Duluth Transit Authority Meeting Minutes Indexes: Attachments: 5-31-2017 Duluth Transit Authority Meeting Minutes This Board or Commission Report was received. City of Duluth Page 2 City Council Minutes - Final September 11, 2017 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 CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 6. 17-0639R RESOLUTION DETERMINING NOT TO REASSESS PARCEL FOR CANCELED DEMOLITION ASSESSMENT IN THE AMOUNT OF $11,496.20. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 7. 17-0640R RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED FOR REASSESSMENT OF A PRIOR CANCELED ASSESSMENT IN THE AMOUNT OF $12,183.75. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 8. 17-0653R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2018. City of Duluth Page 3 City Council Minutes - Final September 11, 2017 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hansen, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Hanson 9. 17-0654R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2018. This Resolution was adopted unanimously. 10. 17-0655R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, HOUSING AND REDEVELOPMENT AUTHORITY, FOR THE YEAR 2018. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 11. 17-0593R RESOLUTION AUTHORIZING A THIRD AMENDMENT TO AGREEMENT 22618 WITH TKDA FOR ADDITIONAL DESIGN SERVICES FOR THE WESTERN WATERFRONT CORRIDOR FOREST RESTORATION PROJECT, FOR AN INCREASE OF $17,314 AND AN AMENDED TOTAL NOT TO EXCEED $129,964. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 12. 17-0622R RESOLUTION AUTHORIZING A CONTRACT WITH STACK BROTHERS MECHANICAL CONTRACTORS, INC., FOR THE RESTORATION OF City of Duluth Page 4 City Council Minutes - Final September 11, 2017 THE CLYDE CONNECTOR TRAIL FOR AN AMOUNT NOT TO EXCEED $309,124. This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Fosle, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- Councilor Filipovich 13. 17-0623R RESOLUTION AUTHORIZING A CONTRACT WITH GEORGE BOUGALIS AND SONS, CO. FOR THE RESTORATION OF THE STEWART CREEK BRIDGE FOR AN AMOUNT NOT TO EXCEED $450,322. This Resolution was adopted unanimously. 14. 17-0651R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR THE WELCH CENTER, INC. d/b/a VALLEY YOUTH CENTER Indexes: Attachments: VALLEY YOUTH CENTER-08292017140637 This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 15. 17-0649R RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE LEAD-BASED PAINT HAZARD CONTROL PROGRAM GRANT AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINESOTA. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hansen, Hanson, Councilor Russ, Councilor Westerlund and Councilor Sipress City of Duluth Page 5 City Council Minutes - Final September 11, 2017 Abstain: 1- President Hobbs 16. 17-0650R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE AUGUST 2016 AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH ONE ROOF COMMUNITY HOUSING. Indexes: Attachments: Exhibit A. This Resolution was adopted unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hansen, Hanson, Councilor Russ, Councilor Westerlund and Councilor Sipress Abstain: 1- President Hobbs 17. 17-0657R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT $627 IN GRANT FUNDS FROM THE MINNESOTA HISTORICAL SOCIETY FOR ATTENDANCE AT THE 2017 STATEWIDE HISTORIC PRESERVATION CONFERENCE. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. 18. 17-0661R RESOLUTION AUTHORIZING APPLICATION TO MNDOT FOR A TED GRANT IN THE AMOUNT OF $247,000 FOR A TRAFFIC SIGNAL AT GRAND AVENUE AND WARWICK STREET AND COMMITTING $107,000 IN MATCHING FUNDS. This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 19. 17-0648R RESOLUTION AMENDING A CONTRACT WITH EVER-GREEN ENERGY, INC. TO PROVIDE ADDITIONAL DESIGN AND CONSTRUCTION INSPECTION SERVICES NECESSARY FOR THE CONVERSION OF THE EXISTING DULUTH ENERGY STEAM SYSTEM TO A HOT WATER SYSTEM, TO INCREASE THE AMOUNT BY $308,115 FOR A NEW TOTAL OF $446,572.00. City of Duluth Page 6 City Council Minutes - Final September 11, 2017 Indexes: Attachments: 17-0648R Attachment 1 A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Councilor Anderson, Councilor Filipovich, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 1- Councilor Fosle BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 20. 17-0637R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A $109,729 GRANT AWARD FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO FUND A DWI POLICE OFFICER FOR ONE YEAR AND AUTHORIZING EXECUTION OF GRANT AGREEMENT. Indexes: Attachments: Exhibit B This Resolution was adopted unanimously. 21. 17-0638R RESOLUTION AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY TO PERFORM POLICE SERVICES PURSUANT TO 2016 OPERATION STONEGARDEN GRANT OPERATIONS ORDER AND ACCEPTING REIMBURSEMENT THROUGH ST. LOUIS COUNTY IN THE AMOUNT OF $34,242. Indexes: Attachments: Exhibit B Exhibit A Exhibit C This Resolution was adopted unanimously. 22. 17-0660R RESOLUTION AUTHORIZING A CONTRACT WITH TERRAZZO & CONCRETE RESTORATION, INC. FOR REHABILITATION OF THREE PARKING RAMPS FOR AN AMOUNT NOT TO EXCEED $298,893.50. This Resolution was adopted unanimously. City of Duluth Page 7 City Council Minutes - Final September 11, 2017 23. 17-0662R RESOLUTION AUTHORIZING AN AGREEMENT WITH DELTAWRX FOR PROFESSIONAL CONSULTING SERVICES FOR THE PROCUREMENT OF A PUBLIC SAFETY RECORDS MANAGEMENT SYSTEM FOR AN AMOUNT NOT TO EXCEED $172,224. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 24. 17-0642R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA IN THE AMOUNT OF $320,000.00 FOR THE LAKE SUPERIOR ZOO. Indexes: Attachments: Exhibit A: Duluth Zoo Contract FY18 with City signature page This Resolution was adopted unanimously. 25. 17-0646R RESOLUTION AUTHORIZING ACCEPTANCE OF A CROSS COUNTRY SKI TRAIL ASSISTANCE PROGRAM GRANT AGREEMENT FOR YEAR 2017-2018 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT NOT TO EXCEED $11,000. Indexes: Attachments: Exhibit A: Grant_in_Aid Ski Agreement FY18 w/ signature page This Resolution was adopted unanimously. 26. 17-0647R RESOLUTION AUTHORIZING THE EXECUTION OF A SNOWMOBILE TRAILS ASSISTANCE PROGRAM GRANT AGREEMENT FOR THE FY2018 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT NOT TO EXCEED $13,259. Indexes: Attachments: Exhibit A: Grant_in_Aid Snowmobile FY18 w/ signature page City of Duluth Page 8 City Council Minutes - Final September 11, 2017 This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 27. 17-0652R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2018. Indexes: Attachments: Motion to Amend - Filipovich.Sipress (Passes 5-4) Motion to Amend - Hobbs.Hansen (Passes 7-2) This Resolution was tabled. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 28. 17-0663R RESOLUTION AUTHORIZING APPLICATION FOR A GRANT FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR A TRANSPORTATION ECONOMIC DEVELOPMENT INFRASTRUCTURE PROGRAM GRANT IN THE AMOUNT OF $1,657,688 AND IF SELECTED, COMMITTING UP TO $444,558 IN CITY MATCHING FUNDS. This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 29. 17-0671R RESOLUTION IN SUPPORT OF LOCATING A SECOND AMAZON HEADQUARTERS IN THE TWIN CITIES METROPOLITAN AREA. City of Duluth Page 9 City Council Minutes - Final September 11, 2017 A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 7- Councilor Anderson, Councilor Filipovich, Hansen, Hanson, President Hobbs, Councilor Russ and Councilor Sipress Nay: 2- Councilor Fosle and Councilor Westerlund 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 RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 30. 17-044-O AN ORDINANCE DESIGNATING THE LINCOLN PARK PAVILION AT 501 N 25TH AVENUE WEST AS A DULUTH HERITAGE PRESERVATION LANDMARK. Indexes: Attachments: Attachment 1 This Ordinance was read for the first time. 31. 17-045-O AN ORDINANCE AMENDING CHAPTER 50, SECTION 50-37.1 G, OF THE CITY CODE TO CLARIFY THAT THE 12 MONTH APPLICATION LIMITATION DOES NOT APPLY TO CITY INITIATED PLANNING OR ZONING PROPOSALS. 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) 32. 17-038-O AN ORDINANCE AMENDING SECTION 13-28 OF THE DULUTH CITY CODE REGARDING DURATION OF SUBSTITUTE APPOINTMENTS City of Duluth Page 10 City Council Minutes - Final September 11, 2017 WITHIN THE FIRE DEPARTMENT. This Ordinance was withdrawn. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 33. 17-039-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR A DECK IN THE PLATTED STREET RIGHT OF WAY OF 19TH AVENUE WEST. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. 34. 17-040-O AN ORDINANCE AMENDING THE APPROVED CONCEPT PLAN FOR ROCKRIDGE SCHOOL TO ALLOW SPECIALIZED EDUCATION OF UP TO 175 EDUCATIONAL STUDENTS. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. 35. 17-041-O AN ORDINANCE AMENDING SECTIONS 50-16.7 AND 50-22.7 TO 50-22.17 OF THE DULUTH CITY CODE TO ALLOW ADDITIONAL BUILDING TYPES IN FORM DISTRICT F-6 AND TO CLARIFY MAXIMUM BUILDING HEIGHTS IN ALL FORM DISTRICTS. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 This Ordinance was adopted unanimously. 36. 17-042-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE CODY NEIGHBORHOOD TO JOURNEY HOME MINNESOTA FOR $3,310. City of Duluth Page 11 City Council Minutes - Final September 11, 2017 This Ordinance was adopted unanimously. 37. 17-043-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE DULUTH HEIGHTS NEIGHBORHOOD TO LAUNCH PROPERTIES, LLC OR ITS ASSIGNS FOR $25,270. Indexes: Attachments: Exhibit A-Ordinance Exhibit B-Ordinance Exhibit C-Ordinance Exhibit D-Ordinance This Ordinance was adopted. Yea: 8- Councilor Anderson, Councilor Filipovich, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 1- Councilor Fosle COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS Meeting adourned at 7:47 p.m. City of Duluth Page 12