City Council
Regular MeetingDuluth, MN · June 11, 2018
Minutes
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, June 11, 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. 18-132 May 29th, 2018 Duluth City Council Meeting Minutes
Indexes:
Attachments: May 29 - Duluth City Council
This Minutes was approved.
City of Duluth Page 1
City Council Minutes - Final June 11, 2018
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. 18-129 Duluth Transit Authority Meeting Minutes
Indexes:
Attachments: March 23, 2018 Duluth Transit Authority Meeting Minutes
March 28, 2018 Duluth Transit Authority Meeting Minutes
April 23, 2018 Duluth Transit Authority Meeting Minutes
This Board or Commission Report was received.
3. 18-130 Duluth Economic Development Autority Meeting Minutes
Indexes:
Attachments: March 28, 2018 Duluth Economic Development Authority Meeting
Minutes
This Board or Commission Report was received.
4. 18-131 Civil Service Board Meeting Minutes
Indexes:
Attachments: March 6, 2018 Civil Service Board Meeting Minutes
This Board or Commission Report was received.
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL OPEN ISSUES
City of Duluth Page 2
City Council Minutes - Final June 11, 2018
REPORTS OF COUNCIL OPEN ISSUES
OPPORTUNITY FOR CITIZENS TO BE HEARD
OPPORTUNITY FOR CITIZENS TO BE HEARD
CONSENT AGENDA
CONSENT AGENDA
BY COUNCILOR FILIPOVICH (FINANCE)
BY COUNCILOR FILIPOVICH (FINANCE)
5. 18-0457R RESOLUTION MAKING AVAILABLE $300,000 0F 2018 TOURISM TAX
FUNDS PREVIOUSLY ASSIGNED TO FINANCE REHABILITATION OF
THE MINNESOTA SLIP BRIDGE AND REAPPROPRIATING THAT
$300,000 TO FINANCE TRANSPORT OF THE WILLIAM A. IRVIN IN AND
OUT OF MINNESOTA SLIP.
This Resolution was adopted unanimously.
BY COUNCILOR FOSLE (PURCHASING & LICENSING)
BY COUNCILOR FOSLE (PURCHASING & LICENSING)
6. 18-0446R RESOLUTION APPROVING THE TEMPORARY ON SALE
INTOXICATING LIQUOR LICENSE AND TEMPORARY EXPANSION OF
THE ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS
LICENSEES.
Indexes:
Attachments: Attachment A
Attachment B
This Resolution was adopted unanimously.
Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, President Hobbs,
Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Van Nett
Abstain: 1- Hansen
City of Duluth Page 3
City Council Minutes - Final June 11, 2018
7. 18-0447R RESOLUTION AMENDING RESOLUTION 17-0788, ADOPTING
LICENSE, PERMIT, FINE, PENALTY, AND OTHER CHARGES FOR
2018, TO ADD MOBILE GROOMING SHOP LICENSE FEE.
This Resolution was adopted unanimously.
8. 18-0453R RESOLUTION APPROVING THE APPLICATION FOR EXEMPT PERMIT
AND WAIVING THE 60 DAY WAITING PERIOD FOR MN STATE
BUILDING AND CONSTRUCTION TRADES COUNCIL.
Indexes:
Attachments: Application for Exempt Permit - MN State Building and Construction
Trades Council
This Resolution was adopted unanimously.
9. 18-0456R RESOLUTION AUTHORIZING A THREE YEAR CONTRACT WITH
TOSHIBA BUSINESS SOLUTIONS FOR THE RENTAL AND
MAINTENANCE OF COPIERS FOR A MONTHLY PAYMENT OF
$12,757.02 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED
$459,252.72.
This Resolution was adopted unanimously.
10. 18-0469R RESOLUTION APPROVING THE APPLICATION FOR AN ON SALE
BREWERY MALT LIQUOR (TAPROOM), BREWERY MALT LIQUOR OFF
SALE (GROWLER) AND SUNDAY (TAPROOM) LICENSE OF URSA
MINOR BREWING COMPANY, LLC (URSA MINOR BREWING), 2415
WEST WUPERIOR STREET, STE B.
Indexes:
Attachments: URSA MINOR BREWING-06052018143716
This Resolution was adopted unanimously.
Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, President Hobbs,
Councilor Russ, Councilor Sipress, Councilor Westerlund and Councilor Van Nett
Abstain: 1- Hansen
BY COUNCILOR ANDERSON (PERSONNEL)
City of Duluth Page 4
City Council Minutes - Final June 11, 2018
BY COUNCILOR ANDERSON (PERSONNEL)
11. 18-0448R RESOLUTION CONFIRMING THE APPOINTMENT OF MARY
GUMMERSON TO THE DULUTH PUBLIC ARTS COMMISSION
Indexes:
Attachments: Mary Gummerson - Duluth Public Arts Commission Application
This Resolution was adopted unanimously.
12. 18-0461R RESOLUTION ELECTING MEMBER TO THE BOARD OF MANAGERS
OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO
MINNESOTA STATUTES, SECTION 442A.14, SUBDIVISION 7.
This Resolution was adopted unanimously.
13. 18-0468R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE
NEW CIVIL SERVICE CLASSIFICATION OF PUBLIC INFORMATION
OFFICER, AND SPECIFYING CONTRACT BENEFITS FOR SAME.
Indexes:
Attachments: Exhibit A
This Resolution was adopted unanimously.
14. 18-0470R RESOLUTION CONFIRMING THE APPOINTMENT OF GARY
ECKENBERG TO THE PLANNING COMMISION.
This Resolution was adopted unanimously.
15. 18-0471R RESOLUTION ESTABLISHING A PROCEDURE FOR SELECTING A
CANDIDATE TO FILL THE UPCOMING VACANCY OF THE AT LARGE
COUNCIL SEAT OF ELISSA HANSEN.
This Resolution was adopted unanimously.
City of Duluth Page 5
City Council Minutes - Final June 11, 2018
16. 18-0472R RESOLUTION TO NOT REIMPOSE DEMOLITION ASSESSMENT TO
FACILITATE HABITAT FOR HUMANITY PROJECT.
This Resolution was adopted unanimously.
BY COUNCILOR SIPRESS (INTERGOVERNMENTAL RELATIONS)
BY COUNCILOR SIPRESS (INTERGOVERNMENTAL RELATIONS)
17. 18-0455R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH
ENTERTAINMENT CONVENTION CENTER AUTHORITY (DECC) TO
DOCUMENT THE CITY AND DECC’S OBLIGATIONS TO TEMPORARILY
MOVE THE WILLIAM A. IRVIN.
Indexes:
Attachments: Exhibit A
This Resolution was adopted unanimously.
BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES)
BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES)
18. 18-0451R RESOLUTION AWARDING A CONTRACT TO GARDNER BUILDERS,
LLC FOR CONSTRUCTION OF THE RIVENESS REGULATOR STATION
BUILDING IN THE AMOUNT OF $160,900.
Indexes:
Attachments: 17-0451 Planning Commission Communication
18-0451R Map
This Resolution was adopted unanimously.
19. 18-0454R RESOLUTION AUTHORIZING AN AGREEMENT WITH BARR
ENGINEERING CO. FOR ENVIRONMENTAL SUPPORT SERVICES
DURING THE WASECA INDUSTRIAL ROAD EXTENSION PROJECT IN
AN AMOUNT NOT TO EXCEED $85,000.
Indexes:
Attachments: 18-0454R Map
18-0454R Proposal
18-454R Exhibit A
City of Duluth Page 6
City Council Minutes - Final June 11, 2018
This Resolution was adopted unanimously.
20. 18-0458R RESOLUTION ACCEPTING A STREET AND UTILITY EASEMENT FROM
THERESE H. VAUGHN OVER PROPERTY LOCATED ON RED WING
STREET AT NO COST TO THE CITY.
Indexes:
Attachments: Exhibit 1
This Resolution was adopted unanimously.
BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES)
BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES)
21. 18-0444R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT 22895
WITH AMI CONSULTING ENGINEERS P. A. FOR PROFESSIONAL
ENGINEERING SERVICES FOR THE REPAIR AND REHABILIATION OF
THE SEAWALL SURROUNDING THE DULUTH ENTERTAINMENT
CONVENTION CENTER (DECC) FOR AN INCREASE OF $66,425.00
AND A NEW CONTRACT TOTAL NOT TO EXCEED $689,403.39.
Indexes:
Attachments: Exhibit A for Amd 2 Resolution
This Resolution was adopted unanimously.
22. 18-0450R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT
L30020 WITH TKDA FOR ADDITIONAL ENGINEERING AND DESIGN
SERVICES FOR DWP TRAIL INFRASTRUCTURE REHABILITATION
FOR AN INCREASE OF $15,407 AND A NEW TOTAL AMOUNT NOT TO
EXCEED $43,207.
Indexes:
Attachments: Request for Property Services Assistance
This Resolution was adopted unanimously.
END OF CONSENT AGENDA
END OF CONSENT AGENDA
City of Duluth Page 7
City Council Minutes - Final June 11, 2018
The following entitled resolutions are also to be considered:
The following entitled resolutions are also to be considered:
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
23. 18-0240R RESOLUTION ADOPTING THE IMAGINE DULUTH 2035 UPDATE TO
THE COMPREHENSIVE PLAN OF THE CITY OF DULUTH.
Indexes:
Attachments: Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
This Resolution was tabled.
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)
24. 18-028-O ORDINANCE AMENDING CHAPTER 10 OF THE DULUTH CITY CODE
TO CONFORM TO THE MINNESOTA STATE BUILDING 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:
City of Duluth Page 8
City Council Minutes - Final June 11, 2018
BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES)
BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES)
25. 18-024-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN
REAL PROPERTY IN THE ONEOTA NEIGHBORHOOD TO THE
WESTERN LAKE SUPERIOR SANITARY DISTRICT FOR NOMINAL
CONSIDERATION.
Indexes:
Attachments: Exhibit A
This Ordinance was adopted unanimously.
26. 18-027-O ORDINANCE AMENDING DULUTH CITY CODE CHAPTER 6 BY
ESTABLISHING MOBILE PET GROOMING SHOP LICENSES.
This Ordinance was adopted unanimously.
COUNCILOR QUESTIONS AND COMMENTS
COUNCILOR QUESTIONS AND COMMENTS
COUNCILOR PREVIEW OF UPCOMING BUSINESS
COUNCILOR PREVIEW OF UPCOMING BUSINESS
City of Duluth Page 9
Agenda
411 West First Street
City of Duluth Duluth, Minnesota 55802
Meeting Agenda - Final-revised
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, June 11, 2018 7:00 PM Council Chamber
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
1. 18-132 May 29th, 2018 Duluth City Council Meeting Minutes
Attachments: May 29 - Duluth City Council
REPORTS FROM THE ADMINISTRATION
REPORTS FROM OTHER OFFICERS
REPORTS OF BOARDS AND COMMISSIONS
2. 18-129 Duluth Transit Authority Meeting Minutes
Attachments: March 23, 2018 Duluth Transit Authority Meeting Minutes
March 28, 2018 Duluth Transit Authority Meeting Minutes
April 23, 2018 Duluth Transit Authority Meeting Minutes
City of Duluth Page 1 Printed on 6/11/2018
City Council Meeting Agenda - Final-revised June 11, 2018
3. 18-130 Duluth Economic Development Autority Meeting Minutes
Attachments: March 28, 2018 Duluth Economic Development Authority Meeting Minutes
4. 18-131 Civil Service Board Meeting Minutes
Attachments: March 6, 2018 Civil Service Board Meeting Minutes
REPORTS OF COUNCIL COMMITTEES
REPORTS OF COUNCIL OPEN ISSUES
OPPORTUNITY FOR CITIZENS TO BE HEARD
CONSENT AGENDA
BY COUNCILOR FILIPOVICH (FINANCE)
5. 18-0457R RESOLUTION MAKING AVAILABLE $300,000 0F 2018 TOURISM TAX
FUNDS PREVIOUSLY ASSIGNED TO FINANCE REHABILITATION OF
THE MINNESOTA SLIP BRIDGE AND REAPPROPRIATING THAT
$300,000 TO FINANCE TRANSPORT OF THE WILLIAM A. IRVIN IN AND
OUT OF MINNESOTA SLIP.
BY COUNCILOR FOSLE (PURCHASING & LICENSING)
6. 18-0446R RESOLUTION APPROVING THE TEMPORARY ON SALE
INTOXICATING LIQUOR LICENSE AND TEMPORARY EXPANSION OF
THE ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS
LICENSEES.
Attachments: Attachment A
Attachment B
7. 18-0447R RESOLUTION AMENDING RESOLUTION 17-0788, ADOPTING
LICENSE, PERMIT, FINE, PENALTY, AND OTHER CHARGES FOR
2018, TO ADD MOBILE GROOMING SHOP LICENSE FEE.
8. 18-0453R RESOLUTION APPROVING THE APPLICATION FOR EXEMPT PERMIT
AND WAIVING THE 60 DAY WAITING PERIOD FOR MN STATE
BUILDING AND CONSTRUCTION TRADES COUNCIL.
Attachments: Application for Exempt Permit - MN State Building and Construction Trades Council
City of Duluth Page 2 Printed on 6/11/2018
City Council Meeting Agenda - Final-revised June 11, 2018
9. 18-0456R RESOLUTION AUTHORIZING A THREE YEAR CONTRACT WITH
TOSHIBA BUSINESS SOLUTIONS FOR THE RENTAL AND
MAINTENANCE OF COPIERS FOR A MONTHLY PAYMENT OF
$12,757.02 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED
$459,252.72.
10. 18-0469R RESOLUTION APPROVING THE APPLICATION FOR AN ON SALE
BREWERY MALT LIQUOR (TAPROOM), BREWERY MALT LIQUOR OFF
SALE (GROWLER) AND SUNDAY (TAPROOM) LICENSE OF URSA
MINOR BREWING COMPANY, LLC (URSA MINOR BREWING), 2415
WEST WUPERIOR STREET, STE B.
Attachments: URSA MINOR BREWING-06052018143716
BY COUNCILOR ANDERSON (PERSONNEL)
11. 18-0448R RESOLUTION CONFIRMING THE APPOINTMENT OF MARY
GUMMERSON TO THE DULUTH PUBLIC ARTS COMMISSION
Attachments: Mary Gummerson - Duluth Public Arts Commission Application
12. 18-0461R RESOLUTION ELECTING MEMBER TO THE BOARD OF MANAGERS
OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO
MINNESOTA STATUTES, SECTION 442A.14, SUBDIVISION 7.
13. 18-0468R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE
NEW CIVIL SERVICE CLASSIFICATION OF PUBLIC INFORMATION
OFFICER, AND SPECIFYING CONTRACT BENEFITS FOR SAME.
Attachments: Exhibit A
14. 18-0470R RESOLUTION CONFIRMING THE APPOINTMENT OF GARY
ECKENBERG TO THE PLANNING COMMISION.
15. 18-0471R RESOLUTION ESTABLISHING A PROCEDURE FOR SELECTING A
CANDIDATE TO FILL THE UPCOMING VACANCY OF THE AT LARGE
COUNCIL SEAT OF ELISSA HANSEN.
Sponsors: Anderson
16. 18-0472R RESOLUTION TO NOT REIMPOSE DEMOLITION ASSESSMENT TO
FACILITATE HABITAT FOR HUMANITY PROJECT.
Sponsors: Anderson and Hobbs
BY COUNCILOR SIPRESS (INTERGOVERNMENTAL RELATIONS)
City of Duluth Page 3 Printed on 6/11/2018
City Council Meeting Agenda - Final-revised June 11, 2018
17. 18-0455R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH
ENTERTAINMENT CONVENTION CENTER AUTHORITY (DECC) TO
DOCUMENT THE CITY AND DECC’S OBLIGATIONS TO TEMPORARILY
MOVE THE WILLIAM A. IRVIN.
Attachments: Exhibit A
BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES)
18. 18-0451R RESOLUTION AWARDING A CONTRACT TO GARDNER BUILDERS,
LLC FOR CONSTRUCTION OF THE RIVENESS REGULATOR STATION
BUILDING IN THE AMOUNT OF $160,900.
Attachments: 17-0451 Planning Commission Communication
18-0451R Map
19. 18-0454R RESOLUTION AUTHORIZING AN AGREEMENT WITH BARR
ENGINEERING CO. FOR ENVIRONMENTAL SUPPORT SERVICES
DURING THE WASECA INDUSTRIAL ROAD EXTENSION PROJECT IN
AN AMOUNT NOT TO EXCEED $85,000.
Attachments: 18-0454R Map
18-0454R Proposal
18-454R Exhibit A
20. 18-0458R RESOLUTION ACCEPTING A STREET AND UTILITY EASEMENT FROM
THERESE H. VAUGHN OVER PROPERTY LOCATED ON RED WING
STREET AT NO COST TO THE CITY.
Attachments: Exhibit 1
BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES)
21. 18-0444R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT 22895
WITH AMI CONSULTING ENGINEERS P. A. FOR PROFESSIONAL
ENGINEERING SERVICES FOR THE REPAIR AND REHABILIATION OF
THE SEAWALL SURROUNDING THE DULUTH ENTERTAINMENT
CONVENTION CENTER (DECC) FOR AN INCREASE OF $66,425.00
AND A NEW CONTRACT TOTAL NOT TO EXCEED $689,403.39.
Attachments: Exhibit A for Amd 2 Resolution
22. 18-0450R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT
L30020 WITH TKDA FOR ADDITIONAL ENGINEERING AND DESIGN
SERVICES FOR DWP TRAIL INFRASTRUCTURE REHABILITATION
FOR AN INCREASE OF $15,407 AND A NEW TOTAL AMOUNT NOT TO
EXCEED $43,207.
Attachments: Request for Property Services Assistance
City of Duluth Page 4 Printed on 6/11/2018
City Council Meeting Agenda - Final-revised June 11, 2018
END OF CONSENT AGENDA
The following entitled resolutions are also to be considered:
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
23. 18-0240R RESOLUTION ADOPTING THE IMAGINE DULUTH 2035 UPDATE TO
THE COMPREHENSIVE PLAN OF THE CITY OF DULUTH.
Attachments: Attachment 1
Attachment 2
Attachment 3 REVISED
Attachment 4
Attachment 5
The following entitled ordinances are to be read for the first time:
BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT)
24. 18-028-O ORDINANCE AMENDING CHAPTER 10 OF THE DULUTH CITY CODE
TO CONFORM TO THE MINNESOTA STATE BUILDING CODE.
The following entitled ordinances are to be read for the second time:
BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES)
25. 18-024-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN
REAL PROPERTY IN THE ONEOTA NEIGHBORHOOD TO THE
WESTERN LAKE SUPERIOR SANITARY DISTRICT FOR NOMINAL
CONSIDERATION.
Attachments: Exhibit A
Legislative History
5/29/18 City Council read for the first time
26. 18-027-O ORDINANCE AMENDING DULUTH CITY CODE CHAPTER 6 BY
ESTABLISHING MOBILE PET GROOMING SHOP LICENSES.
Sponsors: Hobbs
Legislative History
5/29/18 City Council read for the first time
COUNCILOR QUESTIONS AND COMMENTS
City of Duluth Page 5 Printed on 6/11/2018
City Council Meeting Agenda - Final-revised June 11, 2018
COUNCILOR PREVIEW OF UPCOMING BUSINESS
City of Duluth Page 6 Printed on 6/11/2018
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