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 10, 2018 7:00 PM Council Chamber ROLL CALL ROLL CALL Present: 10 - Councilor Gary Anderson, Councilor Zack Filipovich, Councilor Arik Forsman, Councilor Arik Forsman, Councilor Jay Fosle, Councilor Barb Russ, Councilor Joel Sipress, Councilor Em Westerlund, Councilor Renee Van Nett and President Noah Hobbs PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES APPROVAL OF MINUTES 1. 18-184 Duluth City Council Meeting Minutes: August 27th, 2018 Indexes: Attachments: August 27, 2018 - City Council Meeting Approved. City of Duluth Page 1 City Council Minutes - Final September 10, 2018 Yea: 9- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Fosle, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs PUBLIC HEARING PUBLIC HEARING 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. 18-186 Duluth Seaway Port Authority June and July Financials 2018 Indexes: Attachments: Duluth Seaway Port Authority July 2018 Financials Duluth Seaway Port Authority June 2018 Financials This Board or Commission Report was received. 3. 18-185 Duluth Public Utilities May and June Minutes 2018 Indexes: Attachments: DPUC June MInutes 2018 DPUC May Minutes 2018 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 September 10, 2018 OPPORTUNITY FOR CITIZENS TO BE HEARD OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA CONSENT AGENDA BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 4. 18-0630R RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2018B, IN THE APPROXIMATE AMOUNT OF $1,460,000; ESTABLISHING THE TERMS AND FORM THEREOF; CREATING A DEBT SERVICE FUND THEREFOR; AND PROVIDING FOR AWARDING THE SALE THEREOF. Indexes: Attachments: Exhibit A Exhibit B Exhibit C Exhibit D This Resolution was adopted unanimously. 5. 18-0650R RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND THE CONFIDENTIAL UNIT OF THE CITY OF DULUTH FOR THE YEARS 2018-2020. Indexes: Attachments: Exhibit A Final Confidential CBA for 2018-2020 redline This Resolution was adopted unanimously. 6. 18-0631R RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION CAPITAL EQUIPMENT NOTES, SERIES 2018C, IN THE APPROXIMATE AMOUNT OF $4,055,000; ESTABLISHING THE TERMS AND FORM THEREOF; CREATING A DEBT SERVICE FUND THEREFOR; AND PROVIDING FOR AWARDING THE SALE THEREOF. Indexes: City of Duluth Page 3 City Council Minutes - Final September 10, 2018 Attachments: Exhibit A Exhibit B Exhibit C This Resolution was adopted unanimously. 7. 18-0632R RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION WATER UTILITY REVENUE BONDS, SERIES 2018D, IN THE APPROXIMATE AMOUNT OF $3,825,000; ESTABLISHING THE TERMS AND FORM THEREOF; CREATING A DEBT SERVICE FUND THEREFOR; AND PROVIDING FOR AWARDING THE SALE THEREOF. Indexes: Attachments: Exhibit A Exhibit B Exhibit C This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PURCHASING & LICENSING) BY COUNCILOR FOSLE (PURCHASING & LICENSING) 8. 18-0602R RESOLUTION AUTHORIZING A CONTRACT WITH HUNT ELECTRIC CORPORATION TO FURNISH AND INSTALL A REDUNDANT GENERATOR FOR THE DATA CENTER FOR AN AMOUNT NOT TO EXCEED $183,842. This Resolution was adopted unanimously. 9. 18-0628R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR ARROWHEAD ZOOLOGICAL SOCIETY DBA LAKE SUPERIOR ZOO AND COLLEGE OF ST. SCHOLASTICA, INC. This Resolution was adopted unanimously. 10. 18-0644R RESOLUTION AUTHORIZING A FIVE-YEAR AGREEMENT WITH CISCO SYSTEMS, INC. VIA COMPUTER DISCOUNT WAREHOUSE (CDW) FOR FLEX COLLABORATION SERVICES FOR AN ANNUAL AMOUNT OF $61,029.24 AND A TOTAL AMOUNT NOT TO EXCEED $305,146.20. Indexes: City of Duluth Page 4 City Council Minutes - Final September 10, 2018 Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 11. 18-0625R RESOLUTION CONFIRMING THE APPOINTMENT OF ALICIA CYR TO THE COMMUNITY DEVELOPMENT COMMITTEE REPLACING CRUZ MENDOZA. Indexes: Attachments: Application Redacted Cyr This Resolution was adopted unanimously. 12. 18-0638R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF WATER CONVEYANCE TECHNICIAN. Indexes: Attachments: Exhibit A Water Conveyance Technician (strikeout) This Resolution was adopted unanimously. 13. 18-0639R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF INFORMATION TECHNICIAN. Indexes: Attachments: Exhibit A Information Technician (strikeout) This Resolution was adopted unanimously. 14. 18-0640R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF ADMINISTRATIVE INFORMATION SPECIALIST. Indexes: Attachments: Exhibit A Administrative Information Specialist (strikeout) This Resolution was adopted unanimously. 15. 18-0646R RESOLUTION CONFIRMING THE APPOINTMENTS OF ANTOINETTE City of Duluth Page 5 City Council Minutes - Final September 10, 2018 PEARSON AND AARON STOLP TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. Indexes: Attachments: Antoinette Pearson Aaron Stolp This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 16. 18-0610R RESOLUTION VACATING A PORTION OF A SANITARY SEWER EASEMENT IN OUTLOT D OF MORGAN PARK. Indexes: Attachments: Attachment 2 This Resolution was adopted unanimously. 17. 18-0637R RESOLUTION VACATING PORTIONS OF TWO UTILITY EASEMENTS AT 10 PIEDMONT AVENUE. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) 18. 18-0642R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR ROADWAY AND UTILITY PURPOSES FROM NORTHERN TIER RETAIL, LLC OVER PROPERTY ADJACENT TO SUPERIOR STREET IN THE LAKESIDE NEIGHBORHOOD AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. 19. 18-0643R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR UTILITY PURPOSES FROM THE STATE OF MINNESOTA OVER TAX-FORFEITED PROPERTY ACROSS FROM THE GRAND AVENUE CHALET WITHIN THE SPIRIT MOUNTAIN RECREATION AREA FOR $196. City of Duluth Page 6 City Council Minutes - Final September 10, 2018 Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. BY COUNCILOR VAN NETT (PUBLIC SAFETY) BY COUNCILOR VAN NETT (PUBLIC SAFETY) 20. 18-0626R RESOLUTION AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY TO PERFORM POLICE SERVICES PURSUANT TO 2017 OPERATION STONEGARDEN GRANT OPERATIONS ORDER AND ACCEPTING REIMBURSEMENT THROUGH ST. LOUIS COUNTY IN THE AMOUNT OF $27,630. Indexes: Attachments: Exhibit A Exhibit B Exhibit C This Resolution was adopted unanimously. 21. 18-0629R RESOLUTION AUTHORIZING ACCEPTANCE OF AN AWARD FROM THE MINNESOTA BOARD OF FIREFIGHTER TRAINING AND EDUCATION TOTALING $34,795.80 FOR THE PURPOSE OF SUPPORTING FIRE DEPARTMENT PERSONNEL TRAINING. 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 COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 22. 18-0649R RESOLUTION AMENDING RESOLUTION NO. 18-0612 REVERSING THE DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO REDUCE THE REQUIRED MINIMUM LOT FRONTAGE FROM 250 FT TO 0 FT TO CONSTRUCT A DWELLING IN THE RR-1 City of Duluth Page 7 City Council Minutes - Final September 10, 2018 ZONE DISTRICT BY EDWARD BARBO JR. AND CANDACE BARBO. Indexes: Attachments: Motion to Amend - Sipress.Forsman (9.10.2018) A motion was made that this Resolution be adopted as amended. The motion carried by the following vote: Yea: 7- Councilor Anderson, Councilor Filipovich, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs Nay: 2- Councilor Forsman and Councilor Fosle 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 RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 23. 18-046-O AN ORDINANCE AMENDING SECTION 50-15.6 MIXED USE WATERFRONT. Indexes: Attachments: Attachment 1 This Ordinance was read for the first time. 24. 18-047-O AN ORDINANCE AMENDING SECTION 50-39, ENFORCEMENT AND PENALTIES. Indexes: Attachments: Attachment 1 This Ordinance was read for the first time. 25. 18-048-O AN ORDINANCE AMENDING SECTION 50-21, DIMENSIONAL STANDARDS. Indexes: Attachments: Attachment 1 City of Duluth Page 8 City Council Minutes - Final September 10, 2018 This Ordinance was read for the first time. 26. 18-049-O AN ORDINANCE AMENDING SECTIONS 50-23, CONNECTIVITY AND CIRCULATION, 50-20.2 PUBLIC, INSTITUTIONAL, AND CIVIC USES, AND 50-41-9 DEFINITIONS. Indexes: Attachments: Attachment 1 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 FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 27. 18-041-O ORDINANCE AMENDING THE REQUIREMENTS FOR ESTABLISHING CITY FEES, AMENDING SECTIONS 2-5, 31-6, and 31-8 OF THE DULUTH CITY CODE, 1959, AS AMENDED. A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 9- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Fosle, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs 28. 18-045-O ORDINANCE AMENDING THE BUDGET OF THE CITY OF DULUTH FOR 2018 BY INCREASING THE BUDGET BY $1,375,000 TO FINANCE THE PURCHASE OF AN AERIAL FIRE TRUCK. A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs Nay: 1- Councilor Fosle BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) City of Duluth Page 9 City Council Minutes - Final September 10, 2018 29. 18-044-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY AT 4610 WEST ARROWHEAD ROAD FROM RURAL RESIDENTIAL-1 (RR-1) TO MIXED USE-BUSINESS (MU-B). Indexes: Attachments: Attachment 1 Attachment 2 A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 9- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Fosle, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 10