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 25, 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. 17-144 September 11 & 14 2017 City Council Meeting Minutes Indexes: Attachments: September 11 - City Council Meeting September 14 - Special Council Meeting This Minutes was approved. City of Duluth Page 1 City Council Minutes - Final September 25, 2017 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 2. 17-145 Building Appeal Board Meeting Minutes Indexes: Attachments: 7-12-17 Building Appeal Board Meeting Minutes 8-9-17 Building Appeal Board Meeting Minutes This Board or Commission Report was received. 3. 17-146 Housing Redevelopment Authority Meeting Minutes Indexes: Attachments: 7-25-17 Housing Redevelopment Authority Meeting Minutes This Board or Commission Report was received. 4. 17-147 Duluth Economic Development Authority Meeting Minutes Indexes: Attachments: 7-26-17 Duluth Economic Development Authority Meeting Minutes This Board or Commission Report was received. 5. 17-148 Parking Commission Meeting Minutes Indexes: Attachments: 8-4-17 Parking Commission Meeting Minutes This Board or Commission Report was received. City of Duluth Page 2 City Council Minutes - Final September 25, 2017 6. 17-151 Resolution No. 17PUC-004: RESOLUTION ESTABLISHING WATER RATES EFFECTIVE WITH METER READINGS AFTER DECEMBER 21, 2017; SUPERSEDING ALL PRIOR INCONSISTENT OR CONFLICTING RATES AS OF JANUARY 1, 2018. Indexes: Attachments: 17PUC-004 This Board or Commission Report was received. 7. 17-152 Resolution No. 17PUC-005: RESOLUTION APPROVING AND RECOMMENDING 2018 UTILITY BUDGET. Indexes: Attachments: 17PUC-005 This Board or Commission Report was received. 8. 17-153 Resolution No. 17PUC-006: RESOLUTION ESTABLISHING FEES FOR VARIOUS UTILITY – RELATED SERVICES Indexes: Attachments: 17PUC-006 This Board or Commission Report was received. 9. 17-154 Resolution No. 17PUC-007: RESOLUTION AMENDING ARTICLE V SECTION 5 SUBSECTION (b) OF THE BYLAWS CLARIFYING HEARING REQUIREMENTS. Indexes: Attachments: 17PUC-007 This Board or Commission Report was received. 10. 17-155 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: 08152017 DPUC meeting minutes City of Duluth Page 3 City Council Minutes - Final September 25, 2017 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 RESOLUTIONS TABLED RESOLUTIONS TABLED BY COUNCILOR HANSEN (FINANCE) BY COUNCILOR HANSEN (FINANCE) 11. 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 adopted as amended. Yea: 7- Councilor Anderson, Councilor Filipovich, Hansen, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 2- Councilor Fosle and Hanson CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 12. 17-0687R RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH MICROSOFT VIA ITS RESELLER, SOFTWARE HOUSE City of Duluth Page 4 City Council Minutes - Final September 25, 2017 INTERNATIONAL (SHI), FOR THE PURCHASE AND MAINTENANCE OF ENTERPRISE-WIDE SOFTWARE LICENSING IN THE ANNUAL AMOUNT OF $249,460.88 FOR A TOTAL AMOUNT OF $748,382.64. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 13. 17-0681R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF SENIOR PROGRAMMER ANALYST. Indexes: Attachments: Senior Programmer Analyst Senior Programmer Analyst (strikeout) This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 14. 17-0675R RESOLUTION VACATING 0.40 FEET OF THE GARFIELD AVENUE RIGHT OF WAY TO ACCOMMODATE AN EXISTING BUILDING AT 728 GARFIELD AVENUE. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. 15. 17-0677R RESOLUTION VACATING AN APPROXIMATELY 320 FOOT UTILITY EASEMENT AT 618 HOVLAND LANE. Indexes: City of Duluth Page 5 City Council Minutes - Final September 25, 2017 Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. 16. 17-0695R RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT WITH CAPSTONE LLC MODIFYING BONDING REQUIREMENTS. This Resolution was adopted unanimously. BY COUNCILOR FILIPOVICH (INTERGOVERNMENTAL RELATIONS) BY COUNCILOR FILIPOVICH (INTERGOVERNMENTAL RELATIONS) 17. 17-0696R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FAIR HOUSING ENFORCEMENT AND ACCEPTING $17,000 IN COOPERATIVE AGREEMENT FUNDING. Indexes: Attachments: FY 2017 FHAP Funding This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 18. 17-0670R RESOLUTION AUTHORIZING AGREEMENT WITH ISD 709 AUTHORIZING CITY TO SELL ISD 709 SALT AND SAND FOR ICE AND SNOW TREATMENT. Indexes: Attachments: Exhibit A. This Resolution was adopted unanimously. 19. 17-0680R RESOLUTION AWARDING A CONTRACT TO REDSTONE City of Duluth Page 6 City Council Minutes - Final September 25, 2017 CONSTRUCTION, LLC FOR THE AERIAL LIFT BRIDGE DECK REHABILITATION PROJECT IN THE AMOUNT OF $295,975. Indexes: Attachments: 17-0680R Map This Resolution was adopted unanimously. 20. 17-0682R RESOLUTION ACCEPTING DEDICATION OF A UTILITY EASEMENT FROM ASPENWOOD CONDOMINIUMS OF DULUTH, INC. Indexes: Attachments: 17-0682R Exhibit 1 17-0682R Exhibit A 17-0682R Supplemental Map This Resolution was adopted unanimously. 21. 17-0684R RESOLUTION ACCEPTING DEDICATION OF A UTILITY EASEMENT FROM LIFT BRIDGE PARTNERS, LLC. Indexes: Attachments: 17-0684R Attachment 1 17-0684R Exhibit 1 This Resolution was adopted unanimously. 22. 17-0685R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR UTILITY PURPOSES FROM ONE ROOF COMMUNITY HOUSING AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1 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 23. 17-0688R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR ROADWAY AND UTILITY PURPOSES FROM SPIRIT BAY DEVELOPMENT COMPANY OVER PROPERTY ABUTTING SPIRIT COVE DRIVE AT NO City of Duluth Page 7 City Council Minutes - Final September 25, 2017 COST TO THE CITY. Indexes: Attachments: Exhibit 1-Dev Co Exhibit 2 This Resolution was adopted unanimously. 24. 17-0689R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR ROADWAY AND UTILITY PURPOSES FROM ROBERT D. LARSON AND SALLY J. LARSON OVER PROPERTY ABUTTING SPIRIT COVE DRIVE AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1-Larson Exhibit 2 This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 25. 17-0672R RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $246,775 FOR THE 2018 TOWARDS ZERO DEATHS PROJECT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 26. 17-0673R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE, GREAT LAKES REGION, FOR REIMBURSMENT OF INVESTIGATOR OVERTIME IN THE AMOUNT OF $25,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. City of Duluth Page 8 City Council Minutes - Final September 25, 2017 27. 17-0693R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE OF MINNESOTA HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION FOR CONTINUED PROVISION OF HAZARDOUS MATERIALS CHEMICAL ASSESSMENT TEAM SERVICES THROUGH SEPTEMBER 30, 2022 IN THE AMOUNT NOT TO EXCEED $60,000 PER EACH TWELVE-MONTH PERIOD OF THE CONTRACT. Indexes: Attachments: HSEM-Duluth CAT Team PT_ 131757_PO 3-50284 This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 28. 17-0686R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH AREA FAMILY YMCA TO PROVIDE YOUTH DEVELOPMENT PROGRAMMING FOR A MAXIMUM ANNUAL AMOUNT NOT TO EXCEED $120,000, AND A TOTAL AMOUNT NOT TO EXCEED $360,000. Indexes: Attachments: EXHIBIT A: Grant Agreement with signature page This Resolution was adopted unanimously. 29. 17-0690R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR PUBLIC MULTI-USE TRAIL PURPOSES FROM LOWER MILLER HILL APTS., L.P. OVER PROPERTY NEAR CENTRAL ENTRANCE AND PECAN AVENUE AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA City of Duluth Page 9 City Council Minutes - Final September 25, 2017 BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 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) 31. 17-051-O AN ORDINANCE TO AMEND THE BUDGET OF THE CITY OF DULUTH FOR 2017 BY INCREASING THE BUDGET BY $415,000 FOR A PROJECTED INCREASE IN OVERTIME IN THE FIRE DEPARTMENT AND TO FINANCE THE TENANT LANDLORD CONNECTION PROGRAM. This Ordinance was read for the first time. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 32. 17-046-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR APPROXIMATELY TWELVE PARKING SPACES IN THE PLATTED STREET RIGHT OF WAY OF EAST RED WING STREET. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 33. 17-047-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY WEST OF HIGHWAY 53, BETWEEN PIEDMONT AVENUE AND WEST 9TH STREET, FROM MU-N TO R-1. City of Duluth Page 10 City Council Minutes - Final September 25, 2017 Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 34. 17-048-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY AT APPROXIMATELY THE 1200 BLOCK OF SOUTH RIDGE ROAD, FROM RR-1 TO R-1. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 35. 17-049-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR AN APPROXIMATELY 1,475 FOOT PRIVATE SEWER LINE IN THE PLATTED STREET RIGHT OF WAY OF 110TH AVENUE WEST. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 36. 17-050-O ORDINANCE AUTHORIZING THE DULUTH AIRPORT AUTHORITY TO ACCEPT FEDERAL AND STATE OF MINNESOTA GRANTS FOR IMPROVEMENTS TO THE DULUTH INTERNATIONAL AIRPORT (“DIA”) AND SKYHARBOR AIRPORT INCLUDING RETROACTIVE ACCEPTANCE OF GRANTS FOR WORK RELATED TO RUNWAY RECONSTRUCTION AT THE DIA, AND TO EXECUTE GRANT DOCUMENTS ON BEHALF OF THE CITY. This Ordinance was read for the first time. City of Duluth Page 11 City Council Minutes - Final September 25, 2017 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 RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 37. 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 adopted unanimously. 38. 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 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 adjourned at 8:30 p.m. City of Duluth Page 12