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, January 22, 2018 7:00 PM Council Chamber ROLL CALL ROLL CALL Present: 8- Councilor Gary Anderson, Councilor Zack Filipovich, Councilor Jay Fosle, President Noah Hobbs, Councilor Barb Russ, Councilor Joel Sipress, Councilor Em Westerlund and Councilor Renee Van Nett PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES APPROVAL OF MINUTES 1. 18-027 January 8, 2018 - City of Duluth City Council Meeting Minutes Indexes: Attachments: January 8, 2018 - City Council Meeting This Minutes was approved. City of Duluth Page 1 City Council Minutes - Final January 22, 2018 PUBLIC HEARING - MN INVESTMENT FUND LOAN - AWARD ON BEHALF OF VERSO CORPORATION PUBLIC HEARING - MN INVESTMENT FUND LOAN - AWARD ON BEHALF OF VERSO CORPORATION PUBLIC HEARING - MN INVESTMENT FUND - ALTEC INDUSTRIES, INC PUBLIC HEARING - MN INVESTMENT FUND - ALTEC INDUSTRIES, INC 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. 18-026 Duluth Public Utilities Commission Resolution No. 18PUC-001:RESOLUTION ESTABLISHING NATURAL GAS RATES EFFECTIVE WITH METER READINGS AFTER FEBRUARY 28, 2018; AMENDING INTERRUPTIBLE TRANSPORTATION SERVICE VOLUMETRIC CHARGES; SUPERSEDING ALL PRIOR INCONSISTENT OR CONFLICTING RATES AS OF MARCH 1, 2018. Indexes: Attachments: Resolution No: 18PUC-001 Memo Re: 18PUC-001 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 City of Duluth Page 2 City Council Minutes - Final January 22, 2018 OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA CONSENT AGENDA BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 3. 18-0082R RESOLUTION AUTHORIZING A FORGIVABLE LOAN WITH ALTEC INDUSTRIES, INC. IN THE AMOUNT OF $550,000. Indexes: Attachments: State MIF Loan Agreement Altec-FINAL Security Agreement Altec Phase 1-FINAL Security Agreement Altec Phase 2-FINAL Promissory Note Phase 1 Altec-FINAL Promisorty Note Phase 2 Altec-FINAL This Resolution was approved unanimously. BY COUNCILOR FOSLE (PURCHASING & LICENSING) BY COUNCILOR FOSLE (PURCHASING & LICENSING) 4. 18-0070R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR THE DULUTH AMATEUR HOCKEY ASSOCIATION Indexes: Attachments: HOCKEY-01102018140913 This Resolution was approved unanimously. 5. 18-0075R RESOLUTION AUTHORIZING AN ANNUAL CONTRACT FOR ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS, SUPPLIES AND LABOR FOR 2018 FROM ZIEGLER, INC. FOR AN AMOUNT NOT TO EXCEED $125,000. City of Duluth Page 3 City Council Minutes - Final January 22, 2018 This Resolution was approved unanimously. 6. 18-0084R RESOLUTION AUTHORIZING THE PURCHASE OF A 2017 COMPLETE VACTOR UNIT FOR A TOTAL AMOUNT OF $431,939.31. This Resolution was approved unanimously. 7. 18-0088R RESOLUTION AUTHORIZING RENEWAL OF AN ANNUAL CONTRACT WITH HOLIDAY STATIONSTORES FOR THE PURCHASE AND DELIVERY OF SERVICE STATION FUELS FOR 2018 FOR AN AMOUNT NOT TO EXCEED $775,000. This Resolution was approved unanimously. 8. 18-0093R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR ANIMAL ALLIES. This Resolution was approved unanimously. 9. 18-0094R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR the ARROWHEAD FLY FISHERS. This Resolution was approved unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 10. 18-0066R RESOLUTION CONFIRMING THE APPOINTMENT OF PAUL LAJEUNESSE TO THE PUBLIC ARTS COMMISSION. Indexes: Attachments: Paul Lajeunesse City of Duluth Page 4 City Council Minutes - Final January 22, 2018 This Resolution was approved unanimously. 11. 18-0083R RESOLUTION AUTHORIZING AN AMENDMENT EXTENDING THE CITY OF DULUTH CHIEF ADMINISTRATIVE OFFICER 2016-2017 EMPLOYMENT CONTRACT. Indexes: Attachments: Exhibit A This Resolution was approved unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 12. 18-0078R RESOLUTION APPROVING THE 2018 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 approved unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and Hansen Abstain: 1- President Hobbs 13. 18-0079R RESOLUTION AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 2018 PROGRAM YEAR, AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. This Resolution was approved unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and Hansen Abstain: 1- President Hobbs 14. 18-0080R RESOLUTION AUTHORIZING A REQUEST FOR HUD HOME FUNDS FOR THE 2018 PROGRAM YEAR, AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. City of Duluth Page 5 City Council Minutes - Final January 22, 2018 This Resolution was approved unanimously. Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and Hansen Abstain: 1- President Hobbs 15. 18-0081R RESOLUTION AUTHORIZING A REQUEST FOR HUD EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG) FUNDING FOR THE 2018 PROGRAM YEAR, AUTHORIZING CONTRACTS, AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. This Resolution was approved unanimously. 16. 18-0085R RESOLUTION AUTHORIZING A TWO-YEAR, FIVE-MONTH LICENSE AGREEMENT WITH THE STATE OF MINNESOTA FOR THE NON-EXCLUSIVE USE OF ONE DESK SPACE AT CITY HALL. Indexes: Attachments: EXHIBIT 1 This Resolution was approved unanimously. 17. 18-0086R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A DONATION OF REAL PROPERTY FROM DAVID E. RUBLE AND PATRICIA A. RUBLE-KELLEY IN THE EAST HILLSIDE NEIGHBORHOOD. Indexes: Attachments: Exhibit 1 Exhibit 2 This Resolution was approved unanimously. 18. 18-0087R RESOLUTION AUTHORIZING THE CITY OF DULUTH TO APPLY FOR AND RECEIVE A MINNESOTA INVESTMENT FUND LOAN AWARD ON BEHALF OF VERSO CORPORATION AND TO CONDITIONALLY COMMIT $242,000 IN ECONOMIC DEVELOPMENT FUNDS AS LOCAL MATCH. Indexes: Attachments: Verso MIF Cover Letter City of Duluth Page 6 City Council Minutes - Final January 22, 2018 This Resolution was approved unanimously. 19. 18-0089R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT 22782 WITH PERKINS+WILL FOR PROFESSIONAL SERVICES FOR THE WESTERN PORT AREA PLAN FOR AN INCREASE OF $4,000 AND A NEW CONTRACT TOTAL NOT TO EXCEED $189,075. Indexes: Attachments: Exhibit A This Resolution was approved unanimously. 20. 18-0090R RESOLUTION AUTHORIZING APPLICATION FOR AND, IF AWARDED, ACCEPTANCE OF A 2018 WORKFORCE HOUSING GRANT FROM THE MINNESOTA HOUSING FINANCE AGENCY RELATED TO THE CITYVIEW FLATS LLC PROJECT A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Councilor Anderson, Councilor Filipovich, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and Hansen Nay: 1- Councilor Fosle BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 21. 18-0053R RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY TO COMPLETE AN INTERSECTION CONTROL EVALUATION (ICE) STUDY FOR THE INTERSECTION OF JEAN DULUTH ROAD/SNIVELY ROAD (CSAH 57) AND GLENWOOD STREET (MSAS 162) LOCATED WITHIN THE CITY OF DULUTH. Indexes: Attachments: 18-0053R Exhibit A 18-0053R Map This Resolution was approved unanimously. 22. 18-0054R RESOLUTION OF INTENT FOR THE 2018 STREET PRESERVATION City of Duluth Page 7 City Council Minutes - Final January 22, 2018 PROJECT AND TO ASSESS A PORTION OF THE COSTS THEREOF. This Resolution was approved unanimously. 23. 18-0060R RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR UTILITIES AND CONSTRUCTION TO BE PERFORMED UPON, ALONG AND ADJACENT TO TRUNK HIGHWAY 194 (MESABA AVENUE) WITHIN THE CORPORATE CITY LIMITS UNDER STATE PROJECTS 6933-95 AND 6933-97 AT AN ESTIMATED COST OF $100,396.80. Indexes: Attachments: 18-0060 Exhibit A 18-0060 Map This Resolution was approved unanimously. 24. 18-0063R RESOLUTION AMENDING A CONTRACT WITH MP TECHNOLOGIES, LLC FOR CONSTRUCTION OF THE 2017 LARGE DIAMETER GAS MAIN INSTALLATION PROJECT TO INCREASE THE AMOUNT BY $311,729.48 FOR A NEW TOTAL OF $1,268,000. This Resolution was approved unanimously. 25. 18-0064R RESOLUTION ACCEPTING DEDICATION OF A UTILITY EASEMENT FROM LIFT BRIDGE PARTNERS, LLC. Indexes: Attachments: 18-0064R Exhibit 1 This Resolution was approved unanimously. 26. 18-0071R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN AND INSPECTION SERVICES FOR NECESSARY REPAIRS AND IMPROVEMENTS AT THE DULUTH AERIAL LIFT BRIDGE IN AN AMOUNT NOT TO EXCEED $217,744. Indexes: City of Duluth Page 8 City Council Minutes - Final January 22, 2018 Attachments: 18-0071R Map This Resolution was approved unanimously. BY COUNCILOR VAN NETT (PUBLIC SAFETY) BY COUNCILOR VAN NETT (PUBLIC SAFETY) 27. 18-0061R RESOLUTION AUTHORIZING PAYMENT TO ST. LOUIS COUNTY FOR SHARED ACCESS TO SHIELD MANTENANCE SOFTWARE AND SERVICES ASSOCIATED WITH NEMESIS (NORTHEASTERN MINNESOTA ENFORCEMENT SAFETY INFORMATION SYSTEM) DURING 2018 FOR A TOTAL AMOUNT OF $113,831.75. This Resolution was approved unanimously. 28. 18-0065R RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AWARD FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, IN THE AMOUNT OF $1,750 FOR APPROVED EQUIPMENT REIMBURSEMENT. Indexes: Attachments: Exhibit A This Resolution was approved unanimously. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 29. 18-0044R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CHRISTINE PENNEY FOR GRANT WRITING AND RESEARCH SERVICES FOR A TOTAL CONTRACT NOT TO EXCEED $50,900. Indexes: Attachments: Exhibit A _agreement This Resolution was approved unanimously. 30. 18-0062R RESOLUTION AUTHORIZING APPLICATION TO THE GREATER MINNESOTA REGIONAL PARKS AND TRAILS COMMISSION TO City of Duluth Page 9 City Council Minutes - Final January 22, 2018 REQUEST REGIONAL DESIGNATION FOR SPIRIT MOUNTAIN RECREATION AREA. Indexes: Attachments: exhibit A_application draft This Resolution was approved unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 31. 18-0058R RESOLUTION APPROVING BUDGET AND COST SHARING FORMULA OF MINNEAPOLIS-DULUTH/SUPERIOR AND PASSENGER RAIL ALLIANCE AND AUTHORIZING PAYMENT OF CITY’S COST SHARE OF $15,000. Indexes: Attachments: Exhibit A This Resolution was approved unanimously. BY COUNCILOR FOSLE (PURCHASING & LICENSING) BY COUNCILOR FOSLE (PURCHASING & LICENSING) 32. 18-0069R RESOLUTION ENCOURAGING THE PRIVATIZATION OF LESTER PARK AND ENGER PARK GOLF COURSES. This Resolution was returned to Administration. 33. 18-0074R RESOLUTION AUTHORIZING A CONTRACT WITH GARDNER BUILDERS, LLC, FOR CITY HALL INTERIOR RENOVATIONS FOR AN AMOUNT NOT TO EXCEED $1,846,347. City of Duluth Page 10 City Council Minutes - Final January 22, 2018 A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Councilor Anderson, Councilor Filipovich, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and Hansen Nay: 1- Councilor Fosle BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 34. 18-0068R RESOLUTION ORDERING THE IMPROVEMENT OF SUPERIOR STREET FROM APPROXIMATELY 350 FEET WEST OF SIXTH AVENUE WEST TO APPROXIMATELY 100 FEET EAST OF FOURTH AVENUE EAST. Indexes: Attachments: 18-0068R Map 18-0068R Properties List 18-0068 Public Hearing Minutes A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Councilor Anderson, Councilor Filipovich, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and Hansen Nay: 1- Councilor Fosle 35. 18-0076R RESOLUTION APPROVING DULUTH ENERGY SYSTEM THERMAL ENERGY HOT WATER RATE FOR EASTERN CANAL PARK. A motion was made that this Resolution be adopted The motion carried by the following vote: Yea: 8- Councilor Anderson, Councilor Filipovich, President Hobbs, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and Hansen Nay: 1- Councilor Fosle ORDINANCES TABLED City of Duluth Page 11 City Council Minutes - Final January 22, 2018 ORDINANCES TABLED BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 36. 17-072-O AN ORDINANCE AMENDING SECTION 41-29 OF THE DULUTH CITY CODE, TO AUTHORIZE ADDITIONAL PROCEDURES FOR DISPOSAL OF SURPLUS PROPERTY. This Ordinance was adopted. 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) 37. 18-001-O ORDINANCE AMENDING CHAPTER 11 OF THE DULUTH CITY CODE TO RESTRICT THE SALE OF FLAVORED TOBACCO PRODUCTS TO ADULT ONLY SMOKE SHOPS. This Ordinance was read for the first time. BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 38. 18-004-O AN ORDINANCE AMENDING SECTION 47-20 OF THE DULUTH CITY CODE TO AUTHORIZE TAXI VEHICLE INSPECTION BY ANY NATIONAL INSTITUTE FOR AUTOMOTIVE SERVICE EXCELLENCE (ASE) -CERTIFIED MECHANIC. This Ordinance was read for the first time. 39. 18-005-O AN ORDINANCE ELIMINATING TERM LIMITS FOR PUBLIC UTILITY City of Duluth Page 12 City Council Minutes - Final January 22, 2018 COMMISSIONERS, AMENDING SECTION 2-184 OF THE DULUTH CITY CODE. 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 RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 40. 18-002-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE LINCOLN PARK NEIGHBORHOOD TO ECOLIBRIUM3 FOR $3,596. Indexes: Attachments: EXHIBIT 1 This Ordinance was adopted. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 13