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, December 17, 2018 7:00 PM Council Chamber ROLL CALL ROLL CALL Present: 9- Councilor Gary Anderson, Councilor Zack Filipovich, Councilor Arik Forsman, Councilor Arik Forsman, 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 APPROVAL OF MINUTES APPROVAL OF MINUTES 1. 18-241 Duluth City Council Meeting Minutes Indexes: Attachments: December 10, 2018 City Council Meeting These Minutes were approved. City of Duluth Page 1 City Council Minutes - Final December 17, 2018 PUBLIC HEARING - Tax Increment Financing District No. 17 Modification, Tax Increment Financing District No. 31 Establishment PUBLIC HEARING - Tax Increment Financing District No. 17 Modification, Tax Increment Financing District No. 31 Establishment REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS 2. 18-240 MN Department of Health Lead Copper Report Indexes: Attachments: MN Department of Health Lead.Copper Tap Water Monitoring Report REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 3. 18-239 Spirit Mountain Recreation Area Authority Meeting Minutes Indexes: Attachments: Spirit Mountain November Meeting Minutes 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 Distinguished Artist Award - Naomi Christenson Distinguished Artist Award - Naomi Christenson OPPORTUNITY FOR CITIZENS TO BE HEARD City of Duluth Page 2 City Council Minutes - Final December 17, 2018 OPPORTUNITY FOR CITIZENS TO BE HEARD RESOLUTIONS TABLED RESOLUTIONS TABLED BY COUNCILOR FOSLE (PURCHASING & LICENSING) BY COUNCILOR FOSLE (PURCHASING & LICENSING) 4. 18-0763R RESOLUTION AFFIRMING DECISION OF THE BUILDING APPEAL BOARD AND CITY BUILDING OFFICIAL TO REQUIRE CHESTER CREEK HOUSING COOPERATIVE ASSOCIATION TO OBTAIN A RENTAL LICENSE FOR ITS PROPERTY LOCATED AT 1306 EAST SECOND STREET. This Resolution remains on the table. 5. 18-0764R RESOLUTION REVERSING DECISION OF THE BUILDING APPEAL BOARD AND CITY BUILDING OFFICIAL TO REQUIRE CHESTER CREEK HOUSING COOPERATIVE ASSOCIATION TO OBTAIN A RENTAL LICENSE FOR ITS PROPERTY LOCATED AT 1306 EAST SECOND STREET. This Resolution remains on the table. CONSENT AGENDA CONSENT AGENDA BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 6. 18-0788R RESOLUTION ADOPTING THE 2019 FEE SCHEDULE FOR LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES. Indexes: City of Duluth Page 3 City Council Minutes - Final December 17, 2018 Attachments: Exhibit A - 2019 Master Fee Schedule Exhibit B - Fee Schedule Memorandum This Resolution was adopted unanimously. Absent: Councilor Fosle 7. 18-0847R RESOLUTION AUTHORIZING THE TRANSFER OF GENERAL BANKING, RETAIL LOCKBOX AND PURCHASING CARD SERVICES TO U.S. BANK, AND MERCHANT CARD SERVICES TO NATIONAL BANK OF COMMERCE. This Resolution was adopted unanimously. Absent: Councilor Fosle BY COUNCILOR FOSLE (PURCHASING & LICENSING) BY COUNCILOR FOSLE (PURCHASING & LICENSING) 8. 18-0828R RESOLUTION AUTHORIZING THE RENEWAL OF AGREEMENT 23359 WITH TYLER TECHNOLOGIES, INC. FOR NEW WORLD SYSTEMS SOFTWARE MAINTENANCE AND SUPPORT FOR YEAR 2019 FOR AN AMOUNT NOT TO EXCEED $209,001.92. This Resolution was adopted unanimously. Absent: Councilor Fosle 9. 18-0836R RESOLUTION AUTHORIZING THE PURCHASE OF A 2019 TRACKLESS MT7 MUNICIPAL TRACTOR AND TWO SNOW BLOWERS FROM MACQUEEN EQUIPTMENT IN AN AMOUNT NOT TO EXCEED $187,562. This Resolution was adopted unanimously. Absent: Councilor Fosle 10. 18-0840R RESOLUTION AUTHORIZING RENEWAL OF AN ANNUAL CONTRACT WITH HOLIDAY STATIONSTORES FOR THE PURCHASE AND DELIVERY OF SERVICE STATION FUELS FOR 2019 FOR AN AMOUNT NOT TO EXCEED $968,700. City of Duluth Page 4 City Council Minutes - Final December 17, 2018 This Resolution was adopted unanimously. Absent: Councilor Fosle 11. 18-0841R RESOLUTION AUTHORIZING AN ANNUAL CONTRACT FOR ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS, SUPPLIES AND LABOR FOR 2019 FROM ZIEGLER, INC. FOR AN AMOUNT NOT TO EXCEED $195,000. This Resolution was adopted unanimously. Absent: Councilor Fosle 12. 18-0846R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30022 WITH TRC ENVIRONMENTAL CORPORATION FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES FOR THE DULUTH LAKEWALK AND SHORELINE DAMAGE FOR AN INCREASE OF $225,122 AND A NEW TOTAL CONTRACT NOT TO EXCEED $767,888. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 13. 18-0851R RESOLUTION CONFIRMING THE APPOINTMENT OF LYNN NEPHEW TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH. This Resolution was adopted unanimously. Absent: Councilor Fosle 14. 18-0855R RESOLUTION CONFIRMING THE APPOINTMENT OF MICHELLE FOSHAY TO THE LIBRARY BOARD This Resolution was adopted unanimously. City of Duluth Page 5 City Council Minutes - Final December 17, 2018 Absent: Councilor Fosle BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 15. 18-0833R RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN - FUTURE LAND USE MAP FOR THE LAKE SUPERIOR COLLEGE CAMPUS AREA, CITY OWNED PARCEL OF LAND LOCATED ON THE SOUTHWEST CORNER OF LAKE SUPERIOR COLLEGE DRIVE, TRINITY ROAD AND SOUTH ARLINGTON AVENUE INTERSECTION. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. Absent: Councilor Fosle 16. 18-0842R RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 17, REMOVING PARCELS FROM TAX INCREMENT FINANCING DISTRICT NO. 22 AND FROM A PLEDGE AGREEMENT, AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 31: VOYAGEUR LAKEWALK INN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. Indexes: Attachments: Exhibit A Exhibit B Exhibit C Exhibit D A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 6- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Russ, Councilor Van Nett and President Hobbs Nay: 2- Councilor Sipress and Councilor Westerlund Absent: 1- Councilor Fosle 17. 18-0843R RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND NORTHSTAR DEVELOPMENT INTERESTS, LLC FOR THE City of Duluth Page 6 City Council Minutes - Final December 17, 2018 DEVELOPMENT OF THE VOYAGEUR LAKEWALK INN MIXED USE PROJECT. Indexes: Attachments: Exhibit A Exhibit B Exhibit C A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 5- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Russ and President Hobbs Nay: 2- Councilor Sipress and Councilor Westerlund Absent: 2- Councilor Fosle and Councilor Van Nett 18. 18-0849R RESOLUTION AUTHORIZING CITY OF DULUTH PARTICIPATE IN THE HUD PUBLIC OFFERING AS PART OF THE SECTION 108 LOAN GUARANTEE ASSISTANCE PROGRAM TO REFINANCE THE EXISTING NOTE OR OTHER OBLIGATION IN THE ORIGINAL PRINCIPAL AMOUNT OF $10,000,000, FOR THE VILLAGE PLACE APARTMENTS This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 19. 18-0850R RESOLUTION AMENDING THE CITY’S COMPREHENSIVE PLAN, ADOPTING AS APPENDIX F, TWIN PORTS INTERCHANGE COMMUNITY CONNECTIONS EVALUATION PROCESS SUMMARY. Indexes: Attachments: Summary Memo To Council 12-7-18 This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) 20. 18-0839R RESOLUTION DESIGNATING POLLING PLACES FOR THE SEPTEMBER 10, 2019 MUNICIPAL AND SCHOOL BOARD PRIMARY ELECTION, AND THE NOVEMBER 5, 2019, MUNICIPAL AND SCHOOL City of Duluth Page 7 City Council Minutes - Final December 17, 2018 BOARD GENERAL ELECTION. This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 21. 18-0856R RESOLUTION SETTING THE CITY OF DULUTH’S PRIORITIES FOR THE 2019 LEGISLATIVE SESSION. This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 22. 18-0857R RESOLUTION SUPPORTING ADDITIONAL LEGISLATIVE PRIORITIES FOR 2019 LEGISLATIVE SESSION. This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 23. 18-0858R RESOLUTION APPROVING AGREEMENT WITH FRYBERGER, BUCHANAN, SMITH AND FREDERICK, P.A., FOR LEGISLATIVE SERVICES NOT TO EXCEED $64,500. Indexes: Attachments: Exhibit A. This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) 24. 18-0816R RESOLUTION AMENDING A CONTRACT WITH LAKE SUPERIOR CONSULTING, LLC TO PROVIDE PROFESSIONAL ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE GAS TRANSMISSION PIPELINE IN LINE INSPECTION PROJECT, TO INCREASE THE AMOUNT BY $28,498.50 FOR A NEW TOTAL OF $62,956.50. Indexes: City of Duluth Page 8 City Council Minutes - Final December 17, 2018 Attachments: 18-0816R Change Order This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 25. 18-0827R RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR THE 2019 SCRUB SEAL PROJECT AT VARIOUS LOCATIONS IN THE CITY OF DULUTH. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 26. 18-0837R RESOLUTION AWARDING A CONTRACT TO CORE & MAIN FOR SUPPLYING 3,650 FEET OF HDPE WATER MAIN PIPE FOR THE SUPERIOR STREET RECONSTRUCTION PROJECT IN THE AMOUNT OF $258,237.50. This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 27. 18-0838R RESOLUTION APPROVING DULUTH ENERGY SYSTEM THERMAL ENERGY HOT WATER RATE FOR EASTERN CANAL PARK. This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 28. 18-0844R RESOLUTION REVISING THE LIST OF HIGH PRIORITY BRIDGES IN THE CITY OF DULUTH. This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 29. 18-0848R RESOLUTION AUTHORIZING AN AMENDMENT TO EXTEND CONTRACT 22091 WITH VENTURE FUELS FOR ONE ADDITIONAL YEAR FOR THE PURCHASE AND DELIVERY OF COAL TO DULUTH City of Duluth Page 9 City Council Minutes - Final December 17, 2018 ENERGY SYSTEMS FOR 2019 FOR AN ESTIMATED $615,264. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett BY COUNCILOR VAN NETT (PUBLIC SAFETY) BY COUNCILOR VAN NETT (PUBLIC SAFETY) 30. 18-0835R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, OFFICE OF JUSTICE PROGRAMS, IN THE TOTAL AMOUNT OF $410,000 FOR THE PURPOSE OF SUPPORTING THE OPERATIONS OF THE LAKE SUPERIOR DRUG AND VIOLENT CRIME TASK FORCE THROUGH DECEMBER 31, 2019. Indexes: Attachments: Attachment A.pdf This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 31. 18-0724R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF AGRICULTURE FOR A GRANT OF $13,600 FOR CONTROL OF INVASIVE KNOTWEED AND WILD PARSNIP ON CITY LANDS. This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 32. 18-0831R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CHRISTINE PENNEY FOR GRANT WRITING AND RESEARCH SERVICES FOR A TOTAL CONTRACT NOT TO EXCEED $60,000. Indexes: City of Duluth Page 10 City Council Minutes - Final December 17, 2018 Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 33. 18-0832R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A $600,000 TRANSPORTATION ALTERNATIVES PROGRAM GRANT TO BUILD SEGMENT III OF THE CROSS CITY TRAIL FROM IRVING PARK TO KEENE CREEK PARK. Indexes: Attachments: Exhibit A_trail location map This Resolution was adopted unanimously. Absent: Councilors Fosle & Van Nett 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) 34. 18-067-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY LOCATED ON THE SOUTHWEST CORNER OF LAKE SUPERIOR COLLEGE DRIVE, TRINITY ROAD AND SOUTH ARLINGTON AVENUE INTERSECTION FROM RESIDENTIAL - TRADITIONAL (R-1) TO MIXED USE - INSTITUTIONAL (MU-I), IN CONFORMANCE WITH THE COMPREHENSIVE PLAN'S FUTURE LAND USE MAP. Indexes: Attachments: Attachment 1 Attachment 2 City of Duluth Page 11 City Council Minutes - Final December 17, 2018 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) 35. 18-059-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2019. Indexes: Attachments: Tax Levy Motion To Amend: Sipress.Filipovich - Passed 5-4 (Forsman, Fosle, Van Nett & Hobbs) This Ordinance was adopted unanimously. Absent: Councilors Fosle & Van Nett 36. 18-060-O AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2019 APPROPRIATING MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. Indexes: Attachments: Motion to Amend: Filipovich - Passed 8-1 (Fosle) This Ordinance was adopted unanimously. Absent: Councilors Fosle & Van Nett 37. 18-062-O AN ORDINANCE AMENDING SECTIONS 41-23 AND 41-24 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING PURCHASING THRESHOLDS. This Ordinance was adopted unanimously. Absent: Councilors Fosle & Van Nett BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) City of Duluth Page 12 City Council Minutes - Final December 17, 2018 38. 18-063-O AN ORDINANCE GRANTING VERIZON WIRELESS A CONCURRENT USE PERMIT FOR ONE SMALL CELL WIRELESS FACILITY ON A MINNESOTA POWER POLE IN THE PLATTED STREET RIGHT OF WAY NEAR THE INTERSECTION OF TRINITY ROAD AND MALL DRIVE. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. Absent: Councilors Fosle & Van Nett 39. 18-064-O AN ORDINANCE GRANTING VERIZON WIRELESS A CONCURRENT USE PERMIT FOR ONE SMALL CELL WIRELESS FACILITY ON A CITY OF DULUTH POLE IN THE PLATTED STREET RIGHT OF WAY OF MAPLE GROVE ROAD, BETWEEN BURNING TREE ROAD AND MALL DRIVE. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. Absent: Councilors Fosle & Van Nett 40. 18-065-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY NORTH OF WEST ARROWHEAD ROAD, SOUTH OF MARYLAND STREET, BETWEEN KENWOOD AVENUE AND DODGE AVENUE, FROM RESIDENTIAL-TRADITIONAL (R-1) TO RESIDENTIAL-URBAN (R-2). Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance failed unanimously. 41. 18-066-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY SOUTH OF WEST ARROWHEAD ROAD AND NORTHEAST OF THE KENWOOD SHOPPING CENTER FROM RESIDENTIAL-TRADITIONAL (R-1) to MIXED USE-NEIGHBORHOOD (MU-N), PROPERTY IMMEDIATELY NORTH OF WEST ARROWHEAD ROAD BETWEEN WARREN AVENUE AND DODGE AVENUE FROM RESIDENTIAL-URBAN (R-2) TO (MU-N) City of Duluth Page 13 City Council Minutes - Final December 17, 2018 MIXED USE-NEIGHBORHOOD, AND BETWEEN KENWOOD AVENUE AND KENWOOD ALLEY FROM WEST CLEVELAND STREET TO WEST TOLEDO STREET FROM RESIDENTIAL-TRADITIONAL (R-1) TO MIXED USE-NEIGHBORHOOD (MU-N). Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. Absent: Councilors Fosle & Van Nett BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 42. 18-061-O AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 29A-27 TO EXCLUDE HOUSING COOPERATIVES FROM HOUSING CODE RENTAL LICENSING REQUIREMENTS. A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 6- Councilor Anderson, Councilor Forsman, Councilor Russ, Councilor Sipress, Councilor Westerlund and President Hobbs Nay: 1- Councilor Filipovich Absent: 2- Councilor Fosle and Councilor Van Nett COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS A motion was made to nominate Noah Hobbs as Council President - motion passed unanimously. (Councilors Fosle and Van Nett: Absent) A motion was made to nominate Gary Anderson as Council Vice President - motion passed unanimously (Councilors Fosle and Van Nett: Absent) City of Duluth Page 14