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, July 9, 2018 7:00 PM Council Chamber ROLL CALL ROLL CALL Present: 7- Councilor Gary Anderson, Councilor Zack Filipovich, Councilor Barb Russ, Councilor Joel Sipress, Councilor Em Westerlund, Councilor Renee Van Nett and President Noah Hobbs Absent: 1- Councilor Jay Fosle PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL COMMITTEES City of Duluth Page 1 City Council Minutes - Final July 9, 2018 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 FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 1. 18-0516R RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY, ADDING REQUIREMENTS PERTAINING TO THE CITY BUSINESS SUBSIDY REQUIREMENTS AND THE USE OF PROJECT LABOR AGREEMENTS. This Resolution remained on the table. CONSENT AGENDA CONSENT AGENDA BY COUNCILOR FOSLE (PURCHASING & LICENSING) BY COUNCILOR FOSLE (PURCHASING & LICENSING) 2. 18-0521R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE DESIGNATED SERVING AREA OF THE ON SALE INTOXICATING LIQUOR LICENSE OF EVOL LLC. (ACES ON 1ST), 113 WEST 1ST STREET. Indexes: Attachments: Attachment A City of Duluth Page 2 City Council Minutes - Final July 9, 2018 This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 3. 18-0519R RESOLUTION CONFIRMING THE REAPPOINTMENT OF PAUL THOMSEN TO THE SANITARY SEWER BOARD OF THE WESTERN LAKE SUPERIOR SANITARY DISTRICT. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 4. 18-0520R RESOLUTION CONFIRMING THE REAPPOINTMENT OF RONDI WATSON TO THE DULUTH TRANSIT AUTHORITY. This Resolution was adopted unanimously. 5. 18-0522R RESOLUTION CONFIRMING THE APPOINTMENT OF KIMBERLY MAKI TO THE DULUTH AIRPORT AUTHORITY, REPLACING PATRICK MULLEN. Indexes: Attachments: Maki App Redacted This Resolution was adopted unanimously. 6. 18-0531R RESOLUTION CONFIRMING THE APPOINTMENT OF COUNCILOR NOAH HOBBS TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY REPLACING COUNCILOR ELISSA HANSEN. This Resolution was adopted unanimously. 7. 18-0535R RESOLUTION CONFIRMING THE APPOINTMENT OF CARL HUBER TO THE DULUTH HUMAN RIGHTS COMMISSION. Indexes: City of Duluth Page 3 City Council Minutes - Final July 9, 2018 Attachments: Carl Huber Redacted This Resolution was adopted unanimously. 8. 18-0539R RESOLUTION CONFIRMING THE APPOINTMENT OF WILLIAM NELSON AND ROZ RANDORF TO THE ENTERTAINMENT AND CONVENTION CENTER AUTHORITY Indexes: Attachments: Williams Redacted Randorf Redacted This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) BY COUNCILOR HOBBS (PUBLIC WORKS & UTILITIES) 9. 18-0528R RESOLUTION AUTHORIZING A CONTRACT WITH CARLSON BROS INC. FOR THE INSTALLATION OF PHASE 1 SCOPE D BUILDING ENERGY TRANSFER STATIONS FOR AN AMOUNT NOT TO EXCEED $216,599. This Resolution was adopted unanimously. 10. 18-0538R RESOLUTION AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH SHORT ELLIOT HENDRICKSON, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR THE MUNGER TRAIL EXTENSION, TO INCREASE THE AMOUNT BY $65,700 FOR A NEW TOTAL OF $1,004,700. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR VAN NETT (PUBLIC SAFETY) BY COUNCILOR VAN NETT (PUBLIC SAFETY) City of Duluth Page 4 City Council Minutes - Final July 9, 2018 11. 18-0537R RESOLUTION AUTHORIZING A THREE YEAR PURCHASE AGREEMENT WITH M & T FIRE AND SAFETY INC., INCLUDING THE INITIAL PURCHASE OF FIFTY (50) SETS OF STRUCTURAL FIREFIGHTING TURNOUT GEAR IN THE AMOUNT OF $119,900. This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 12. 18-0533R RESOLUTION AUTHORIZING A LICENSE AGREEMENT FOR PUBLIC RECREATIONAL TRAIL PURPOSES WITH ULLAND BROTHERS, INC. OVER PROPERTY ADJACENT TO THE MAGNEY-SNIVELY NATURAL AREA AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. 13. 18-0534R RESOLUTION AUTHORIZING A LICENSE AGREEMENT FOR BOULDERING PURPOSES WITH ULLAND BROTHERS, INC. OVER PROPERTY ADJACENT TO THE MAGNEY-SNIVELY NATURAL AREA AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. 14. 18-0536R RESOLUTION AUTHORIZING A SIXTEEN-MONTH LICENSE AGREEMENT WITH COMMUNITY ACTION DULUTH TO ALLOW FOR TREE PLANTING WITHIN LINCOLN PARK. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. 15. 18-0540R RESOLUTION AUTHORIZING AN AGREEMENT WITH AMI CONSULTING City of Duluth Page 5 City Council Minutes - Final July 9, 2018 ENGINEERS FOR COORDINATION OF THE TEMPORARY RELOCATION OF THE WILLIAM A. IRVIN FOR AN AMOUNT NOT TO EXCEED $49,750.00. Indexes: Attachments: Exhibit A for AMI resolution - proposal and draft agreement This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA The following entitled resolutions are also to be considered: The following entitled resolutions are also to be considered: BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) 16. 18-0532R RESOLUTION APPOINTING GARY ANDERSON TO BE THE VICE PRESIDENT OF THE CITY COUNCIL. This Resolution was amended to add Gary Anderson as appointed Vice President. This Resolution was adopted unanimously. Yea: 7- Councilor Filipovich, Hansen, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs Absent: 1- Councilor Fosle Abstain: 1- Councilor Anderson INTRODUCTION AND CONSIDERATION OF ORDINANCES INTRODUCTION AND CONSIDERATION OF ORDINANCES 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 FILIPOVICH (FINANCE) City of Duluth Page 6 City Council Minutes - Final July 9, 2018 BY COUNCILOR FILIPOVICH (FINANCE) 17. 18-038-O ORDINANCE AMENDING THE REQUIREMENTS FOR PROJECT LABOR AGREEMENTS, AMENDING SECTIONS 2-25, 2-26 AND 2-29 OF THE DULUTH CITY CODE, 1959, AS AMENDED. This Ordinance was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 18. 18-026-O AN ORDINANCE AMENDING SECTION 33-82 OF THE DULUTH CITY CODE RESCINDING RESTRICTION AGAINST CAMPING AND LODGING IN ONE’S VEHICLE. This Ordinance was adopted unanimously. 19. 18-030-O AN ORDINANCE REPEALING SECTION 34-31, CHAPTER 34, OF THE DULUTH CITY CODE RELATING TO BEGGING. This Ordinance was adopted unanimously. 20. 18-031-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO PROVIDE FOR THE RECLASSIFICATION OF PROPERTY ALONG WEST ARROWHEAD ROAD, BETWEEN SWAN LAKE ROAD AND NORTH ARLINGTON AVENUE, FROM RESIDENTIAL-URBAN (R-2) TO MIXED USE-PLANNED (MU-P). Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. 21. 18-032-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR AN EXISTING BUILDING WALL, EXTERIOR BUILDING CLADDING AND City of Duluth Page 7 City Council Minutes - Final July 9, 2018 EYEBROW IN THE PLATTED STREET RIGHT OF WAY OF EAST MICHIGAN STREET. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. 22. 18-033-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR AN EXISTING BUILDING WALL AND MANSARD ROOF OVERHANG IN THE PLATTED STREET RIGHT OF WAY OF EAST NINTH STREET. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. 23. 18-034-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR AN EXISTING BUILDING WALL AND FOUNDATION IN THE PLATTED STREET RIGHT OF WAY OF EAST SUPERIOR STREET. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. 24. 18-035-O AN ORDINANCE GRANTING VERIZON WIRELESS A CONCURRENT USE PERMIT FOR A SMALL WIRELESS TELECOMMUNICATION FACILITY ON CITY OF DULUTH UTILITY POLES IN THE PLATTED STREET RIGHT OF WAY NEAR 250 CANAL PARK DRIVE AND 688 WEST RAILROAD STREET. Indexes: Attachments: Attachment 1 This Ordinance was adopted unanimously. 25. 18-036-O AN ORDINANCE GRANTING VERIZON WIRELESS A CONCURRENT USE PERMIT FOR A SMALL WIRELESS TELECOMMUNICATION City of Duluth Page 8 City Council Minutes - Final July 9, 2018 FACILITY ON A CITY OF DULUTH UTILITY POLE IN THE PLATTED STREET RIGHT OF WAY NEAR 2510 MAPLE GROVE ROAD. Indexes: Attachments: Attachment 1 This Ordinance was adopted unanimously. 26. 18-037-O AN ORDINANCE GRANTING VERIZON WIRELESS A CONCURRENT USE PERMIT FOR A SMALL WIRELESS TELECOMMUNICATION FACILITY ON A CITY OF DULUTH UTILITY POLE IN THE PLATTED STREET RIGHT OF WAY NEAR 98 NORTH 6TH AVENUE WEST. Indexes: Attachments: Attachment 1 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