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, January 14, 2019 7:00 PM Council Chamber ROLL CALL All Present PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE ELECTION OF OFFICERS ELECTION OF OFFICERS PUBLIC HEARING: State Project No. 6982-328, Local Road Improvements on 46th Avenue West, 27th Avenue West, Garfield Avenue and Railroad Street for the Twin Ports Interchange Project PUBLIC HEARING: State Project No. 6982-328, Local Road Improvements on 46th Avenue West, 27th Avenue West, Garfield Avenue and Railroad Street for the Twin Ports Interchange Project REPORTS FROM THE ADMINISTRATION REPORTS FROM THE ADMINISTRATION City of Duluth Page 1 City Council Minutes - Final January 14, 2019 REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS 1. 19-008 MN Department of Health, Quarterly Report Indexes: Attachments: MN Department of Health, Quarterly Report This Informational Report was received. REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 2. 19-004 Duluth Parking Commission Meeting Minutes & Resolutions Indexes: Attachments: Duluth Parking Commission 09-07-18 Duluth Parking Commission 10-19-18 Duluth Parking Commission Resolutions This Board or Commission Report was received. 3. 19-005 Civil Service Board Meeting Minutes Indexes: Attachments: Civil Service Board 09-04-18 This Board or Commission Report was received. 4. 19-006 Duluth Transit Authority Meeting Minutes Indexes: Attachments: Duluth Transit Authority 09-26-18 Duluth Transit Authority 10-24-18 Duluth Transit Authority 10-24-18, 2 This Board or Commission Report was received. City of Duluth Page 2 City Council Minutes - Final January 14, 2019 5. 19-007 Spirit Mountain Recreation Area Authority Meeting Minutes Indexes: Attachments: Spirit Mountain Recreation Area Authority 11-15-18 This Board or Commission Report was received. 6. 19-009 Alcohol, Gambling & Tobacco Commission Meeting Minutes Indexes: Attachments: Alcohol, Gambling & Tobacco Commission 12-06-18 This Board or Commission Report was received. 7. 19-010 Duluth Entertainment & Convention Center Board Meeting Minutes Indexes: Attachments: DECC Board 09-25-18 DECC Board 10-30-18 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 OPPORTUNITY FOR CITIZENS TO BE HEARD OPPORTUNITY FOR CITIZENS TO BE HEARD RESOLUTIONS TABLED RESOLUTIONS TABLED BY COUNCILOR FOSLE (PURCHASING & LICENSING) City of Duluth Page 3 City Council Minutes - Final January 14, 2019 BY COUNCILOR FOSLE (PURCHASING & LICENSING) 8. 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 was returned to administration. 9. 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 was returned to administration. CONSENT AGENDA CONSENT AGENDA BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 10. 19-0007R RESOLUTION AUTHORIZING AN AGREEMENT WITH SPIRIT MOUNTAIN RECREATION AREA AUTHORITY FOR 2019 IN THE AMOUNT OF $275,000 FOR OPERATING ASSISTANCE AND $145,700 FOR ADVENTURE PARK LEASE PAYMENTS. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 11. 19-0012R RESOLUTION AUTHORIZING AN AGREEMENT WITH DULUTH TRANSIT AUTHORITY FOR 2019 IN THE AMOUNT OF $55,000 FOR OPERATION OF THE PORT TOWN TROLLEY. Indexes: City of Duluth Page 4 City Council Minutes - Final January 14, 2019 Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PURCHASING & LICENSING) BY COUNCILOR FOSLE (PURCHASING & LICENSING) 12. 19-0017R RESOLUTION APPROVING THE TRANSFER OF THE ON SALE WINE AND ON SALE NON INTOXICATING BEER LICENSE FROM PAUL JOHNSON (IRON MUG COFFEE HOUSE),1096 88TH AVE WEST DULUTH, TO LETICA’S IRON MUG, LLC (LETICA’S IRON MUG), SAME ADDRESS. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 13. 19-0018R RESOLUTION ISSUING AN ON SALE 3.2 PERCENT NON INTOXICATING MALT LIQUOR LICENSE AND APPROVING ISSUANCE OF AN ON SALE WINE LICENSE TO ARROWSTAR HOSPITALITY PARTNERS, LLC, (DULUTH GRILL) 118 SOUTH 27TH AVENUE WEST. Indexes: Attachments: Duluth Grill This Resolution was adopted unanimously. 14. 19-0020R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO THE MINNESOTA BALLET (CELEBRITY DANCE CHALLENGE), 301 WEST FIRST STREET, STE 800. Indexes: Attachments: Minnesota Ballet This Resolution was adopted unanimously. 15. 19-0038R RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF MARTHA’S DAUGHTER, 107 EAST SUPERIOR STREET, DULUTH, MINNESOTA 55802. City of Duluth Page 5 City Council Minutes - Final January 14, 2019 Indexes: Attachments: Notice of Hearing January 2, 2019 Martha's Daughter Martha's Daughter Report to Council (Signed) This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 16. 19-0031R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF PARKING MANAGER, INCLUDING A TITLE CHANGE TO PARKING SERVICES MANAGER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 17. 19-0032R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF CODE COMPLIANCE OFFICER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 19. 19-0037R RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND DULUTH POLICE UNION LOCAL 807 FOR THE YEARS 2018-2020. Indexes: Attachments: Local 807 letter 2018-2020 CBA Duluth Police Union Local 807 Tentative Agreement- Changes Marked 2018-2020 CBA Duluth Police Union Local 807 Tentative Agreement- Clean Final This Resolution was adopted unanimously. City of Duluth Page 6 City Council Minutes - Final January 14, 2019 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 20. 19-0027R RESOLUTION APPROVING AESTHETIC DESIGN CRITERIA FOR APPROVING NEW SMALL CELLULAR WIRELESS FACILITIES. This Resolution was adopted unanimously. 21. 19-0045R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AND ACCEPT $878,298.00 IN FUNDS FROM ST. LOUIS COUNTY TO PROVIDE MINNESOTA FAMILY INVESTMENT PROGRAM AND DIVERSIONARY WORK PROGRAM EMPLOYMENT AND TRAINING SERVICES. Indexes: Attachments: City of Duluth 2019 MFIP-DWP Contract 16571 This Resolution was adopted unanimously. BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) 22. 19-0006R RESOLUTION APPROVING A STATE PROJECT WITHIN THE MUNICIPAL CORPORATE LIMITS FOR IMPROVEMENTS TO GARFIELD AVENUE, RAILROAD STREET, 27TH AVENUE WEST, MICHIGAN STREET AND 46TH AVENUE WEST. Indexes: Attachments: 6982 328 Cost Estimate (003) 6982-328 Muncipal Consent request (003) 19-0006R Municipal Consent Plan 2019 This Resolution was adopted unanimously. 23. 19-0015R RESOLUTION AUTHORIZING WORK ORDER 1 TO THE MASTER PARTNERSHIP AGREEMENT WITH MNDOT TO COOPERATIVELY PROVIDE DESIGN SERVICES TO THE DULUTH METRO AREA EVP SIGNAL SYSTEM IN THE AMOUNT OF $21,936.83. City of Duluth Page 7 City Council Minutes - Final January 14, 2019 Indexes: Attachments: 19-0015R Cover Letter 19-0015R Exhibit 1 19-0015R Plan Cover Sheet This Resolution was adopted unanimously. 24. 19-0024R RESOLUTION ACCEPTING PERMANENT UTILITY EASEMENT FROM J & S PARTNERSHIP, LLP OVER PROPERTY NEAR 44TH AVENUE WEST AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. 25. 19-0025R RESOLUTION ACCEPTING PERMANENT UTILITY EASEMENT FROM WHOLE FOODS COMMUNITY CO-OP, INC. OVER PROPERTY NEAR 44TH AVENUE WEST AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. 26. 19-0026R RESOLUTION AUTHORIZING AND ACCEPTING AN AMENDED AND RESTATED EASEMENT AGREEMENT WITH J & S PARTNERSHIP, LLP FOR STREET AND UTILITY PURPOSES OVER PROPERTY NEAR 44TH AVENUE WEST AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. 27. 19-0028R RESOLUTION RECOGNIZING A PORTION OF RAILROAD STREET AS A PUBLIC HIGHWAY DEDICATED TO THE PUBLIC PURSUANT TO MINNESOTA STATUTES SECTION 160.05, SUBDIVISION 1. Indexes: Attachments: Exhibit A City of Duluth Page 8 City Council Minutes - Final January 14, 2019 This Resolution was adopted unanimously. 28. 19-0030R RESOLUTION RENEWING JOINT POWERS AGREEMENT C20604 WITH DULUTH ENTERTAINMENT AND CONVENTION CENTER AUTHORITY FOR THE OPERATION OF MINNESOTA SLIP PEDESTRIAN DRAW BRIDGE DURING YEAR 2019 FOR AN AMOUNT NOT TO EXCEED $40,711.50. This Resolution was adopted unanimously. BY COUNCILOR VAN NETT (PUBLIC SAFETY) BY COUNCILOR VAN NETT (PUBLIC SAFETY) 29. 19-0016R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT ESTABLISHING THE NORTHEST MINNESOTA EMERGENCY COMMUNICATIONS BOARD. Indexes: Attachments: 2018 JPA for Northeast Minnesota Emergency Communications Board This Resolution was adopted unanimously. 30. 19-0035R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES COAST GUARD TO PROVIDE FIREFIGHTING SERVICES AND SHALLOW WATER RESCUE ASSISTANCE TO THE DULUTH UNITED STATES COAST GUARD STATION AND OBTAIN REIMBURSEMENT FOR CITY EXPENSES Indexes: Attachments: MEMORANDUM OF AGREEMENT FIRE DEPT STA DULUTH This Resolution was adopted unanimously. END OF CONSENT AGENDA END OF CONSENT AGENDA City of Duluth Page 9 City Council Minutes - Final January 14, 2019 The following entitled resolutions are also to be considered: The following entitled resolutions are also to be considered: BY COUNCILOR FILIPOVICH (FINANCE) BY COUNCILOR FILIPOVICH (FINANCE) 31. 19-0008R RESOLUTION AUTHORIZING AN AGREEMENT WITH GREAT LAKES AQUARIUM IN THE AMOUNT OF $360,000. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- President Anderson, Councilor Filipovich, Councilor Russ, Westerlund, Councilor Sipress, Councilor Van Nett and Hobbs Nay: 1- Fosle 32. 19-0009R RESOLUTION AUTHORIZING AN AGREEMENT WITH UMD FOR THE CONTINUED PROMOTION OF GLENSHEEN MANSION, IN THE AMOUNT OF $50,000. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- President Anderson, Councilor Filipovich, Councilor Russ, Westerlund, Councilor Sipress, Councilor Van Nett and Hobbs Nay: 1- Fosle 33. 19-0010R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DEPOT FOUNDATION IN THE AMOUNT OF $220,000. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- President Anderson, Councilor Filipovich, Councilor Russ, Westerlund, Councilor Sipress, Councilor Van Nett and Hobbs City of Duluth Page 10 City Council Minutes - Final January 14, 2019 Nay: 1- Fosle 34. 19-0011R RESOLUTION AUTHORIZING AN AGREEMENT WITH DULUTH SISTER CITIES INTERNATIONAL, INC., IN THE AMOUNT OF $40,000. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- President Anderson, Councilor Filipovich, Councilor Russ, Westerlund, Councilor Sipress, Councilor Van Nett and Hobbs Nay: 1- Fosle 35. 19-0014R RESOLUTION APPROVING BUDGET AND COST SHARING FORMULA OF MINNEAPOLIS-DULUTH/SUPERIOR AND PASSENGER RAIL ALLIANCE AND AUTHORIZING PAYMENT OF CITY’S COST SHARE OF $14,725. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- President Anderson, Councilor Filipovich, Councilor Russ, Westerlund, Councilor Sipress, Councilor Van Nett and Hobbs Nay: 1- Fosle BY COUNCILOR ANDERSON (PERSONNEL) BY COUNCILOR ANDERSON (PERSONNEL) 18. 19-0033R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF DEPUTY DIRECTOR, PLANNING AND ECONOMIC DEVELOPMENT, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: City of Duluth Page 11 City Council Minutes - Final January 14, 2019 Yea: 6- President Anderson, Councilor Filipovich, Councilor Russ, Westerlund, Councilor Van Nett and Hobbs Nay: 2- Fosle and Councilor Sipress BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 36. 19-0019R RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO APPROVE A PLANNING REVIEW FOR A 15-ROOM ADDITION AT 1033 MINNESOTA AVENUE. Indexes: Attachments: Attachment A Attachment B Attachment C This Resolution failed unanimously. 37. 19-0021R RESOLUTION REVERSING THE PLANNING COMMISSION’S DECISION TO APPROVE A PLANNING REVIEW FOR A 15-ROOM ADDITION AT 1033 MINNESOTA AVENUE. Indexes: Attachments: Attachment A Attachment B Attachment C Attachment D Motion To Amend (Sipress): Passes 8-1(Fosle) This Resolution was adopted as amended. Yea: 7- President Anderson, Councilor Filipovich, Councilor Russ, Westerlund, Councilor Sipress, Councilor Van Nett and Hobbs Nay: 1- Fosle 38. 19-0022R RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO APPROVE A PLANNING REVIEW WITH CONDITIONS FOR A 15-ROOM ADDITION AT 1033 MINNESOTA AVENUE. Indexes: City of Duluth Page 12 City Council Minutes - Final January 14, 2019 Attachments: Attachment A Attachment B Attachment C This Resolution was returned to administration. 39. 19-0023R RESOLUTION REVERSING THE PLANNING COMMISSION’S CONDITIONS OF APPROVAL ON A PLANNING REVIEW FOR A 15-ROOM ADDITION AT 1033 MINNESOTA AVENUE. Indexes: Attachments: Attachment A Attachment B Attachment C This Resolution was returned to administration. BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) BY COUNCILOR FORSMAN (PUBLIC WORKS & UTILITIES) 40. 19-0005R RESOLUTION AMENDING A CONTRACT WITH EVER-GREEN ENERGY, INC. TO PROVIDE ADDITIONAL DESIGN AND CONSTRUCTION INSPECTION SERVICES NECESSARY FOR PHASE TWO OF THE CONVERSION OF THE EXISTING DULUTH ENERGY STEAM SYSTEM TO A HOT WATER SYSTEM, TO INCREASE THE AMOUNT BY $568,676 FOR A NEW TOTAL OF $1,756,311. Indexes: Attachments: Exhibit A A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- President Anderson, Councilor Filipovich, Councilor Russ, Westerlund, Councilor Sipress, Councilor Van Nett and Hobbs Nay: 1- Fosle BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) 41. 19-0029R RESOLUTION ESTABLISHING THE DATE FOR THE MUNICIPAL PRIMARY ELECTION. City of Duluth Page 13 City Council Minutes - Final January 14, 2019 A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- President Anderson, Councilor Filipovich, Councilor Russ, Westerlund, Councilor Sipress, Councilor Van Nett and Hobbs Nay: 1- Fosle 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 WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 42. 19-002-O ORDINANCE AMENDING CHAPTER 11 OF THE DULUTH CITY CODE TO PROHIBIT THE DISTRIBUTION OF TOBACCO OR TOBACCO RELATED DEVICES TO ANYONE UNDER THE AGE OF 21 YEARS. This Ordinance was read for the first time and amended. Motion To Amend: Passed 6-2-1 Y: Councilors Anderson, Forsman, Russ, Sipress, Van Nett & President Hobbs N: Councilors Filipovich & Westerlund Absent: Councilor Fosle 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) 43. 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. City of Duluth Page 14 City Council Minutes - Final January 14, 2019 Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted. Yea: 6- President Anderson, Councilor Filipovich, Councilor Russ, Westerlund, Councilor Sipress and Hobbs Nay: 1- Councilor Van Nett Absent: 1- Fosle COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 15