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 8, 2018 7:00 PM Council Chamber ROLL CALL ROLL CALL Present: 9- 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 Absent: 1- Councilor Gary Anderson PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES APPROVAL OF MINUTES 1. 18-210 September 24, 2018 Duluth City Council Minutes Indexes: Attachments: 09/24/2018 These Minutes was approved. City of Duluth Page 1 City Council Minutes - Final October 8, 2018 REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 2. 18-206 Duluth Economic Development Authority Meeting Minutes Indexes: Attachments: 08/22/2018 - Meeting Minutes 09/05/2018 - Meeting Minutes This Board or Commission Report was received. 3. 18-207 Duluth Public Utilities Commission Resolutions: 18PUC - 005 18PUC - 006 Indexes: Attachments: 18PUC-005 recommending 2019 utility budget approved 09182018 18PUC-006 establishing 2019 fees approved 09182018 This Board or Commission Report was received. 4. 18-208 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: 08/21/2018 - Meeting Minutes This Board or Commission Report was received. 5. 18-209 Library Board Meeting Minutes Indexes: Attachments: 08/28/2018 - Meeting Minutes This Board or Commission Report was received. City of Duluth Page 2 City Council Minutes - Final October 8, 2018 REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL COMMITTEES 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 VAN NETT (PUBLIC SAFETY) BY COUNCILOR VAN NETT (PUBLIC SAFETY) 6. 18-0674R RESOLUTION APPROVING THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT FOR THE POLICE DEPARTMENT IN THE AMOUNT NOT TO EXCEED $83,721 UTILIZING CAPITAL EQUIPMENT FUNDS APPROVED BY RESOLUTION 17-0837. This Resolution remains tabled. CONSENT AGENDA CONSENT AGENDA BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) City of Duluth Page 3 City Council Minutes - Final October 8, 2018 7. 18-0709R RESOLUTION AUTHORIZING EXTENDING THE TERM OF A LINE OF CREDIT PROMISSORY NOTE WITH THE ARROWHEAD ZOOLOGICAL SOCIETY, INC. TO OCTOBER 1, 2020. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson BY COUNCILOR FOSLE (PURCHASING & LICENSING) BY COUNCILOR FOSLE (PURCHASING & LICENSING) 8. 18-0627R RESOLUTION ISSUING AN ON SALE 3.2 PERCENT NON INTOXICATING MALT LIQUOR LICENSE AND APPROVING ISSUANCE OF AN ON SALE WINE LICENSE TO GOLDEN BULLDOG, INC. (GOLDEN BULLDOG) 318 NORTH 18TH AVENUE EAST Indexes: Attachments: Golden Bulldog This Resolution was adopted unanimously. Absent: Councilor Anderson 9. 18-0689R RESOLUTION ISSUING AN ON SALE 3.2 PERCENT NON INTOXICATING MALT LIQUOR LICENSE AND APPROVING ISSUANCE OF AN ON SALE WINE LICENSE TO WASABI DULUTH, LLC, 132 EAST SUPERIOR STREET, STE 2A. Indexes: Attachments: Wasabi Duluth This Resolution was adopted unanimously. Absent: Councilor Anderson 10. 18-0690R RESOLUTION ISSUING AN ON SALE 3.2 PERCENT NON INTOXICATING MALT LIQUOR LICENSE TO HOSTEL DU NORD, LLC. (HOSTEL DU NORD) 217 WEST 1ST STREET Indexes: Attachments: Hostel du Nord This Resolution was adopted unanimously. Absent: Councilor Anderson 11. 18-0692R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO DULUTH CROSS COUNTRY SKI CLUB (HAUNTED PADDLE PARTY), 1912 WEST MICHIGAN STREET City of Duluth Page 4 City Council Minutes - Final October 8, 2018 (OLD TAPROOM AND OPEN FLOOR OF BREWERY). Indexes: Attachments: Haunted Paddle Party This Resolution was adopted unanimously. Absent: Councilor Anderson BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 12. 18-0675R RESOLUTION CONFIRMING THE APPOINTMENT OF SARAH MAYNE TO THE DULUTH PUBLIC ARTS COMMISSION This Resolution was adopted unanimously. Absent: Councilor Anderson 13. 18-0703R RESOLUTION CONFIRMING THE REAPPOINTMENT OF JANE GILBERT TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. This Resolution was adopted unanimously. Absent: Councilor Anderson BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 14. 18-0685R RESOLUTION VACATING A 200 FOOT SECTION OF A 30-FOOT-WIDE PLATTED, UNIMPROVED STREET RIGHT OF WAY FOR APPLE STREET, AND A 145 FOOT SECTION OF A 25-FOOT-WIDE PLATTED, UNIMPROVED ALLEY SOUTHWEST OF THE CORNER OF ANDERSON ROAD AND CENTRAL ENTRANCE. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. Absent: Councilor Anderson 15. 18-0686R RESOLUTION RESCINDING RESOLUTION NO. 18-0550 AND VACATING CERTAIN STREETS, AVENUES, ALLEYS, AND SLOPE AND FILL EASEMENTS WITHIN THE PLAT OF IRONTON FIRST DIVISION. Indexes: City of Duluth Page 5 City Council Minutes - Final October 8, 2018 Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. Absent: Councilor Anderson 16. 18-0687R RESOLUTION RESCINDING RESOLUTION NO. 17-0611R AND VACATING CERTAIN AVENUES WITHIN THE PLAT OF KENSINGTON PLACE ADDITION TO DULUTH. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. Absent: Councilor Anderson 17. 18-0700R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO SUB-RECIPIENT FUNDING AGREEMENTS WITH SOAR CAREER SOLUTIONS, ISD 709 ADULT BASIC EDUCATION, AND THE BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES ON BEHALF OF LAKE SUPERIOR COLLEGE FOR EMPLOYMENT AND TRAINING SERVICES FUNDED THROUGH THE STATE OF MINNESOTA’S PATHWAYS TO PROSPERITY GRANT PROGRAM. Indexes: Attachments: P2P 2018 - Sub-recipient Agreement - SOAR P2P 2018 - Sub-recipient Agreement - ISD709 ABE P2P 2018 - Sub-recipient Agreement - LSC This Resolution was adopted unanimously. Absent: Councilor Anderson BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) 18. 18-0677R RESOLUTION AUTHORIZING REIMBURSEMENT TO THE ARROWHEAD REGIONAL DEVELOPMENT COMMISSION FOR A PORTION OF THE COST OF A PROFESSIONAL SERVICES AGREEMENT RELATED TO THE I-35/BAYFRONT AREA TRAFFIC MODELING AND SPECIAL EVENT TRAFFIC CONTROL PLAN PROJECT. Indexes: City of Duluth Page 6 City Council Minutes - Final October 8, 2018 Attachments: 18-0677R Exhibit A 18-0677R Exhibit B This Resolution was adopted unanimously. Absent: Councilor Anderson 19. 18-0682R RESOLUTION APPROVING A COUNTY PROJECT WITHIN MUNICIPAL CORPORATE LIMITS FOR IMPROVEMENTS TO BRIDGE 69504 LOCATED AT THE SOUTHWESTERN TERMINUS OF COUNTY STATE AID HIGHWAY 12 (EAST SUPERIOR STREET). Indexes: Attachments: 18-0682R Map & Plans This Resolution was adopted unanimously. Absent: Councilor Anderson 20. 18-0683R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC FOR THE DULUTH SEAWAY PORT AUTHORITY EXPANSION PROJECT AT THE CLURE PUBLIC MARINE TERMINAL IN THE AMOUNT OF $2,973,994. Indexes: Attachments: 18-0683R Map Port Authority Bid Acceptance Resolution This Resolution was adopted unanimously. Absent: Councilor Anderson 21. 18-0688R RESOLUTION AUTHORIZING AGREEMENT WITH ST. MARY’S DULUTH CLINIC HEALTH SYSTEMS D/B/A ESSENTIA HEALTH EAST FOR PROVISION OF ENERGY TO THE ESSENTIA CAMPUS INCLUDING THE VISION NORTHLAND PROJECT. Indexes: Attachments: Exhibit A Agreement EXHIBIT A to EX. A-- SERVICE LOCATIONS EXHIBIT B - DES SYSTEM DIAGRAM EXHIBIT C Essentia LCCA 9.25.18 EXHIBIT D - CONSUMPTION COST CATEGORIES EXHIBIT E- HOT WATER CONSUMPTION ENERGY RATE EXHIBIT F- EXAMPLE HOT WATER AGREEMENT This Resolution was adopted unanimously. Absent: Councilor Anderson 22. 18-0699R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES FROM THE STATE OF MINNESOTA OVER, City of Duluth Page 7 City Council Minutes - Final October 8, 2018 UNDER, AND ACROSS TAX-FORFEITED PROPERTY LOCATED AT THE INTERSECTION OF SKYLINE PARKWAY AND E. 13TH STREET FOR $196. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilor Anderson 23. 18-0701R RESOLUTION APPROVING DULUTH ENERGY SYSTEM THERMAL ENERGY HOT WATER RATE AND RATE CALCULATION METHODOLOGY FOR THE SYSTEM EXCLUDING EASTERN CANAL PARK. Indexes: Attachments: Exhibit A 18-0701 This Resolution was adopted unanimously. Absent: Councilor Anderson 24. 18-0702R RESOLUTION AUTHORIZING AGREEMENT WITH DULUTH SEAWAY PORT AUTHORITY AUTHORIZING THE CITY TO DEPOSIT SNOW ON ERIE PIER AT NO COST. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson BY COUNCILOR VAN NETT (PUBLIC SAFETY) BY COUNCILOR VAN NETT (PUBLIC SAFETY) 25. 18-0678R RESOLUTION AUTHORIZING LEASE AGREEMENT WITH PIER B HOLDING LLC FOR DOCKING THE ALL-HAZARD QUICK RESPONSE VESSEL IN SLIP 3 AT NO COST. Indexes: Attachments: 18-0678 Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson 26. 18-0679R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 709 TO PROVIDE FOR LAW ENFORCEMENT OFFICERS IN THE PUBLIC SCHOOLS. City of Duluth Page 8 City Council Minutes - Final October 8, 2018 Indexes: Attachments: Document A Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson 27. 18-0680R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION, ALLOWING THE CITY OF DULUTH POLICE DEPARTMENT TO INVESTIGATE AND PROSECUTE HUMAN TRAFFICKING AND SEXUAL EXPLOITATION OF CHILDREN AS PART OF THE MINNESOTA HUMAN TRAFFICKING INVESTIGATORS TASK FORCE. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson 28. 18-0684R RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $236,300 FOR THE 2019 TOWARDS ZERO DEATHS PROJECT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 29. 18-0676R RESOLUTION AUTHORIZING THE EXECUTION OF A SNOWMOBILE TRAILS ASSISTANCE PROGRAM GRANT AGREEMENT FOR THE FY2019 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT NOT TO EXCEED $20,029.85. Indexes: Attachments: City of Duluth SNOWMOBILE GIA MG FY 19 Contract Agreement This Resolution was adopted unanimously. Absent: Councilor Anderson 30. 18-0693R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT City of Duluth Page 9 City Council Minutes - Final October 8, 2018 POWERS AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES, FOR FINANCIAL ASSISTANCE NOT TO EXCEED $5,000 FOR THE COMPARATIVE ANALYSIS OF MUD LAKE. Indexes: Attachments: Exhibit A_agreement This Resolution was adopted unanimously. Absent: Councilor Anderson 31. 18-0694R RESOLUTION AUTHORIZING A THREE-YEAR NON-EXCLUSIVE USE PERMIT WITH THE STATE OF MINNESOTA, BY AND THROUGH THE BOARD OF TRUSTEES OF MINNESOTA STATE COLLEGES AND UNIVERSITIES ON BEHALF OF LAKE SUPERIOR COLLEGE FOR USE OF THE WASHINGTON CENTER GYM. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilor Anderson END OF CONSENT AGENDA END OF CONSENT AGENDA 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) 32. 18-052-O AN ORDINANCE AMENDING ORDINANCE 9127 DESIGNATING THE OLD CENTRAL HIGH SCHOOL BUILDING A HERITAGE PRESERVATION LANDMARK. Indexes: Attachments: Exhibit A.pdf This Ordinance was read for the first time. City of Duluth Page 10 City Council Minutes - Final October 8, 2018 BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) 33. 18-051-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE LINCOLN PARK NEIGHBORHOOD TO THE WESTERN LAKE SUPERIOR SANITARY DISTRICT FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit A-Aerial Map.pdf Exhibit B-Letter of Conformity.pdf 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) 34. 18-050-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY AT 515 NORTH LAKE AVENUE FROM RESIDENTIAL-TRADITIONAL (R-1) TO URBAN-RESIDENTIAL (R-2). Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 5- Councilor Filipovich, Councilor Forsman, Councilor Fosle, Councilor Russ and President Hobbs Nay: 3- Councilor Sipress, Councilor Westerlund and Councilor Van Nett Absent: 1- Councilor Anderson BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) City of Duluth Page 11 City Council Minutes - Final October 8, 2018 BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) 35. 18-029-O ORDINANCE AMENDING CHAPTER 45 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REPEALING SECTION 45-57.1. A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 7- Councilor Filipovich, Councilor Forsman, Councilor Russ, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs Nay: 1- Councilor Fosle Absent: 1- Councilor Anderson COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 12