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, October 9, 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. 17-166 September 25, 2017 Duluth City Council Meeting Minutes Indexes: Attachments: September 25 Council Meeting This Minutes was approved. City of Duluth Page 1 City Council Minutes - Final October 9, 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. 17-163 Housing & Redevelopment Authority Meeting Minutes Indexes: Attachments: 8-29-17 HRA Meeting Minutes This Board or Commission Report was received. 3. 17-164 Library Board Meeting Minutes Indexes: Attachments: 8-23-17 Library Board Meeting Minutes This Board or Commission Report was received. 4. 17-165 Duluth Economic Development Authority Meeting Minutes Indexes: Attachments: 8-23-17 DEDA 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 City of Duluth Page 2 City Council Minutes - Final October 9, 2017 OPPORTUNITY FOR CITIZENS TO BE HEARD OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA CONSENT AGENDA BY COUNCILOR HANSON (PURCHASING & LICENSING) BY COUNCILOR HANSON (PURCHASING & LICENSING) 5. 17-0715R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR MARCH OF DIMES FOUNDATION. Indexes: Attachments: March of Dimes Foundation This Resolution was adopted unanimously. 6. 17-0718R RESOLUTION ISSUING AN ON SALE INTOXICATING LIQUOR LICENSE, SUNDAY LICENSE AND APPROVING ISSUANCE OF A 2:00 A.M. BEVERAGE LICENSE TO NYANYIKA BANDA, (MARTHA’S DAUGHTER), 107 EAST SUPERIOR STREET. 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 7. 17-0743R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO CHURCHES UNITED IN MINISTRY. This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) City of Duluth Page 3 City Council Minutes - Final October 9, 2017 BY COUNCILOR ANDERSON (PERSONNEL) 8. 17-0725R RESOLUTION CONFIRMING THE APPOINTMENTS OF ROBERT MILLER, PHOEBE DAVIS, AND MELISSA DEVERNY TO THE INDIGENOUS COMMISSION. This Resolution was adopted unanimously. 9. 17-0726R RESOLUTION CONFIRMING THE APPOINTMENT OF RICHARD WALLIN TO THE BUILDING APPEAL BOARD . This Resolution was adopted. 10. 17-0730R RESOLUTION APPROVING APPOINTMENTS TO THE RED TAPE REDUCTION TASK FORCE. This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 11. 17-0720R RESOLUTION AUTHORIZING AN AGREEMENT WITH ONE ROOF COMMUNITY HOUSING FOR THE TENANT LANDLORD CONNECTION IN THE AMOUNT OF $40,000 FOR THE FISCAL YEAR, BEGINNING APRIL 1, 2017 AND ENDING MARCH 31, 2018. Indexes: Attachments: Attachment 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 12. 17-0723R RESOLUTION AUTHORIZING AN AMENDMENT TO SUB-RECIPIENT AGREEMENTS WITH SOAR CAREER SOLUTIONS, COMMUNITY City of Duluth Page 4 City Council Minutes - Final October 9, 2017 ACTION DULUTH, ISD 709 ADULT BASIC EDUCATION, AND THE BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES ON BEHALF OF LAKE SUPERIOR COLLEGE AND THE CITY OF DULUTH FOR EMPLOYMENT AND TRAINING SERVICES FUNDED THROUGH THE STATE OF MINNESOTA’S PATHWAYS TO PROSPERITY GRANT PROGRAM WHICH HAS BEEN AWARDED AN ADDITIONAL $50,000 IN GRANT FUNDING. Indexes: Attachments: ABE Amendment Sig CAD Amendment Sig LSC Amendment Sig SOAR Amendment Sig This Resolution was adopted unanimously. 13. 17-0734R RESOLUTION AUTHORIZING AN APPLICATION FOR A LOAN WITH ALTEC, INC IN AN AMOUNT NOT TO EXCEED $550,000 CONTINGENT UPON RECEIPT OF A MINNESOTA INVESTMENT FUND GRANT FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT This Resolution was adopted unanimously. 14. 17-0735R RESOLUTION AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BAY WEST LLC INCREASING THE “NOT TO EXCEED” AMOUNT BY $37,500 FOR A TOTAL CONTRACT NOT TO EXCEED THE AMOUNT OF $75,000. Indexes: Attachments: Bay West Consulting Agreement Amendment This Resolution was adopted unanimously. 15. 17-0736R RESOLUTION AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BARR ENGINEERING COMPANY INCREASING THE “NOT TO EXCEED” AMOUNT BY $62,500 FOR A TOTAL CONTRACT NOT TO EXCEED THE AMOUNT OF $100,000. Indexes: City of Duluth Page 5 City Council Minutes - Final October 9, 2017 Attachments: BARR Engineering Consulting Agreement Amendment This Resolution was adopted unanimously. BY PRESIDENT SIPRESS (COMMITTEE OF THE WHOLE) BY PRESIDENT SIPRESS (COMMITTEE OF THE WHOLE) 16. 17-0722R RESOLUTION ACCEPTING SPECIAL LAWS AMENDING THE SEAWAY PORT AUTHORITY OF DULUTH TAX INCREMENT FINANCE DISTRICT AND EXPANDING THE BOUNDARY FOR THE EXTRA HALF PERCENT HOTELS AND MOTELS TAX. This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 17. 17-0711R RESOLUTION AUTHORIZING THE PURCHASE OF 5,100 TONS OF ROAD SALT FROM MORTON SALT INC. IN THE AMOUNT OF $177,276. This Resolution was adopted unanimously. 18. 17-0717R RESOLUTION AUTHORIZING AGREEMENT WITH DEDA FOR SNOW STORAGE ON LOT D. Indexes: Attachments: 17D--- Lot D Snow 2017-2018 This Resolution was adopted unanimously. 19. 17-0731R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN ENGINEERING FOR THE EAST NINTH STREET/EAST EIGHTH STREET RECONDITIONING PROJECT IN THE AMOUNT OF $72,448. Indexes: City of Duluth Page 6 City Council Minutes - Final October 9, 2017 Attachments: 17-0731R Agreement 17-0731R Cost Spreadsheet 17-0731R Map This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PUBLIC SAFETY) BY COUNCILOR FOSLE (PUBLIC SAFETY) 20. 17-0728R RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION IN THE AMOUNT OF $20,000 FOR THE PURPOSE OF MAINTAINING A LOCAL EMERGENCY MANAGEMENT PROGRAM. Indexes: Attachments: EMPG Grant 2017 This Resolution was adopted unanimously. 21. 17-0729R 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. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 22. 17-0691R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH ST LOUIS COUNTY PROVIDING FOR CITY OF DULUTH PARTICIPATION IN A WILDFIRE PREVENTION PROJECT INVOLVING REMOVAL OF STORM-DAMAGED TREES ON CITY PROPERTY EAST OF HOWARD GNESEN ROAD IN HARTLEY PARK. City of Duluth Page 7 City Council Minutes - Final October 9, 2017 Indexes: Attachments: Hartley Forest Management County-City MOU JFW Rev 10.2.17 CLEAN (00000003) This Resolution was adopted unanimously. 23. 17-0724R RESOLUTION ACCEPTING $15,000 FROM ST. LOUIS COUNTY FOR IMPROVEMENTS TO THE WESTERN DULUTH LITTLE LEAGUE FIELD AT WHEELER FIELD. This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 24. 17-0738R RESOLUTION AUTHORIZING A GRANT TO THE ARROWHEAD ZOOLOGICAL SOCIETY, INC. IN THE AMOUNT OF $200,000 AND AUTHORIZING A ONE YEAR EXTENSION OF A LINE OF CREDIT PROMISSORY NOTE. A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 6- Councilor Anderson, Councilor Filipovich, Hansen, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 2- Councilor Fosle and Hanson Abstain: 1- President Hobbs 25. 17-0710R RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH DULUTH AMATEUR HOCKEY ASSOCIATION FOR USE AND OPERATION OF THE CITY’S OUTDOOR HOCKEY FACILITIES AND ADJOINING PROPERTIES. City of Duluth Page 8 City Council Minutes - Final October 9, 2017 Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. 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) 26. 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. A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 6- Councilor Anderson, Councilor Filipovich, Hansen, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 2- Councilor Fosle and Hanson Abstain: 1- President Hobbs BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 27. 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 passed unanimously. City of Duluth Page 9 City Council Minutes - Final October 9, 2017 Yea: 9- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hansen, Hanson, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress 28. 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. Indexes: Attachments: Attachment 1 Attachment 2 A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Hansen, President Hobbs, Councilor Russ, Councilor Westerlund and Councilor Sipress Nay: 1- Hanson 29. 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 adopted unanimously. 30. 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 adopted unanimously. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) City of Duluth Page 10 City Council Minutes - Final October 9, 2017 31. 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 adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS Meeting adjourned at 8:14 p.m City of Duluth Page 11