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, March 25, 2019 7:00 PM Council Chamber ROLL CALL Present: 8- Councilor Gary Anderson, Councilor Zack Filipovich, 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. 19-058 Meeting Minutes of the Duluth City Council Indexes: Attachments: March 11, 2019 These Minutes were approved. REPORTS FROM THE ADMINISTRATION City of Duluth Page 1 City Council Minutes - Final March 25, 2019 REPORTS FROM THE ADMINISTRATION 2. 19-059 2018 General Fund Reconciled Budget Report Indexes: Attachments: General Fund Reconciled Budget Memo This Reports from the Administration was received. REPORTS FROM OTHER OFFICERS REPORTS FROM OTHER OFFICERS 3. 19-057 Applications to Conduct Excluded Bingo Indexes: Attachments: Application to Conduct Excluded Bingo: Benedictine Health Center 2 This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS REPORTS OF BOARDS AND COMMISSIONS 4. 19-056 Duluth Parking Commission Resolutions. Indexes: Attachments: March 2019 Resolutions 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 City of Duluth Page 2 City Council Minutes - Final March 25, 2019 OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA CONSENT AGENDA BY COUNCILOR FOSLE (PURCHASING & LICENSING) BY COUNCILOR FOSLE (PURCHASING & LICENSING) 5. 19-0198R RESOLUTION IN THE MATTER OF THE ON-SALE INTOXICATING LIQUOR LICENSE OF MARTHA’S DAUGHTER, 107 EAST SUPERIOR STREET, DULUTH, MINNESOTA 55802. Indexes: Attachments: Report to City Council March 18 2019 This Resolution was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR FORSMAN (PERSONNEL) BY COUNCILOR FORSMAN (PERSONNEL) 6. 19-0192R RESOLUTION CONFIRMING THE APPOINTMENTS OF KRISTY ECKART TO THE HEADING HOME ST. LOUIS COUNTY’S GOVERNANCE BOARD, FILLING THE AFFORDABLE HOUSING COALITION REPRESENTATIVE VACANCY AND CHRISTOPHER RUBESCH, FILLING THE AT LARGE POSITION. This Resolution was adopted unanimously. Absent: Councilor Fosle. 7. 19-0199R RESOLUTION CONFIRMING THE APPOINTMENT OF BREANNA ELLISON TO THE COMMUNITY DEVELOPMENT COMMITTEE FILLING A VACANT POSITION. This Resolution was adopted unanimously. City of Duluth Page 3 City Council Minutes - Final March 25, 2019 Absent: Councilor Fosle. 8. 19-0200R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF MANAGER, WORKFORCE DEVELOPMENT, INCLUDING A TITLE CHANGE TO OPERATIONS MANAGER, WORKFORCE DEVELOPMENT, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A Manager, Workforce Development (strikeout).pdf This Resolution was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 9. 19-0194R RESOLUTION VACATING A 521.09 FOOT LONG AND SIXTY-SIX FOOT WIDE SECTION OF THE PLATTED RIGHT OF WAY OF SUNDBY STREET BETWEEN PAGE STREET AND ROCKFORD STREET. Indexes: Attachments: Attachment 1 Signed Exhibit Attachment 2 PL 19-008 Staff Report Packet This Resolution was adopted unanimously. Absent: Councilor Fosle. 10. 19-0195R RESOLUTION AUTHORIZING CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH THE DULUTH HOUSING AND REDEVELOPMENT AUTHORITY WHEREBY CITY OFFICIALS ACCEPT $17,500 TO PROVIDE ADDITIONAL SUPPORT TO THE TENANT LANDLORD CONNECTION PROGRAM OPERATED BY ONE ROOF COMMUNTY HOUSING AND TO ENTER INTO AN AGREEMENT WITH ONE ROOF COMMUNITY HOUSING TO OPERATE THE TENANT LANDLORD CONNECTION IN THE AMOUNT OF $57,500. Indexes: Attachments: Attachment 1 -Exhibit A Attachment 2 - Exhibit B City of Duluth Page 4 City Council Minutes - Final March 25, 2019 This Resolution was adopted unanimously. Absent: Councilor Fosle. BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) 11. 19-0188R RESOLUTION APPROVING AN AGREEMENT WITH KELLER LENKNER LLC, CONSOVOY MCCARTHY PARK PLLC, AND HOFF BARRY, P.A. FOR LEGAL SERVICES REPRESENTING THE CITY IN REGARD TO FEDERAL MULITDISTRICT LITIGATION INVOLVING POTENTIAL VIOLATIONS OF LAW IN THE MARKETING, SALE, AND DISTRIBUTION OF OPIOIDS. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) 12. 19-0180R RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO GARFIELD AVENUE, RAILROAD STREET, 27TH AVENUE WEST AND 46TH AVENUE WEST WITHIN THE CORPORATE CITY LIMITS UNDER STATE PROJECT 6982-328. Indexes: Attachments: 19-0180R Exhibit A 19-0180R Municipal Consent Plan 2019 This Resolution was adopted unanimously. Absent: Councilor Fosle. 13. 19-0184R RESOLUTION AWARDING A CONTRACT TO KTM PAVING, INC. FOR THE RIVERWEST DRIVE GAS MAIN LOWERING PROJECT IN THE AMOUNT OF $111,966.80. Indexes: Attachments: 19-0184R Map City of Duluth Page 5 City Council Minutes - Final March 25, 2019 This Resolution was adopted unanimously. Absent: Councilor Fosle. 14. 19-0193R RESOLUTION ACCEPTING AN AGREEMENT FOR A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FROM ZENITH ASSET COMPANY, LLC. Indexes: Attachments: 19-0193R Attachment 1 This Resolution was adopted unanimously. Absent: Councilor Fosle. 15. 19-0196R RESOLUTION AUTHORIZING A DEVELOPMENT AND ASSESSMENT AGREEMENT WITH SPIRIT VALLEY LAND COMPANY, LLC, DATED MARCH 13, 2019, RELATING TO THE RECONSTRUCTION AND INSTALLATION OF NATURAL GAS MAINS RELATED TO THE RIVER WEST DEVELOPMENT. Indexes: Attachments: 19-0196R Map 19-0196R Exhibit 1 This Resolution was adopted unanimously. Absent: Councilor Fosle. 16. 19-0197R RESOLUTION AUTHORIZING THE PURCHASE OF TWO 2019 FREIGHTLINER TANDEM AXLE CAB AND CHASSIS FROM BOYER TRUCKS IN THE AMOUNT OF $191,408.19, AND THE PURCHASE AND INSTALLATION OF TANDEM DUMP BODY PACKAGES TO OUTFIT EACH TRUCK FROM CRYSTEEL TRUCK EQUIPMENT IN THE AMOUNT OF $85,104.24 FOR A TOTAL AMOUNT OF $276,512.43. This Resolution was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 17. 19-0182R RESOLUTION AUTHORIZING A THREE YEAR AGREEMENT WITH THE City of Duluth Page 6 City Council Minutes - Final March 25, 2019 DULUTH ENTERTAINMENT CONVENTION CENTER AUTHORITY TO PRODUCE, PROMOTE, COORDINATE, AND MANAGE EVENTS AT BAYFRONT FESTIVAL PARK. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilor Fosle. 18. 19-0183R RESOLUTION GRANTING APPROVAL OF THE DWP TRAIL SYSTEM TECHNICAL STANDARDS AND TRAIL USE PLAN. Indexes: Attachments: Exhibit A_plan This Resolution was adopted unanimously. Absent: Councilor Fosle. 19. 19-0185R RESOLUTION AUTHORIZING EQUESTRIAN, BICYCLE AND SNOWMOBILE USE ON APPROVED SECTIONS OF THE DWP TRAIL CORRIDOR AND ELYS PEAK TRAIL. Indexes: Attachments: Exhibit A_Equestrian Map Exhibit B_Mountain Bike Map Exhibit C_snowmobile map This Resolution was adopted unanimously. Absent: Councilor Fosle. 20. 19-0186R RESOLUTION AUTHORIZING A FY 2019 CLEAN WATER FUND GRANT PROGRAM SUBGRANT AGREEMENT WITH THE SOUTH ST. LOUIS SOIL AND WATER CONSERVATION DISTRICT IN THE AMOUNT OF $419,141 FOR THE MILLER CREEK WATERSHED PROJECT AT LINCOLN AND PIEDMONT PARK. Indexes: Attachments: Exhibit A_pass thru agreement This Resolution was adopted unanimously. Absent: Councilor Fosle. City of Duluth Page 7 City Council Minutes - Final March 25, 2019 21. 19-0187R RESOLUTION AUTHORIZING APPLICATION TO AND, IF OFFERED, ACCEPTANCE OF A $250,000 MINNESOTA DEPARTMENT OF NATURAL RESOURCES OUTDOOR RECREATION GRANT TO IMPLEMENT PORTIONS OF THE WEST DULUTH SPORTS CORRIDOR MINI-MASTER PLAN PHASE I. Indexes: Attachments: Exhibit A_grant contract This Resolution was adopted unanimously. Absent: Councilor Fosle. 22. 19-0189R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A REGIONAL TRAIL PROGRAM GRANT OF UP TO $250,000 FOR RESTORATION OF TWO MULTI USE TRAIL CROSSING BRIDGES. Indexes: Attachments: Exhibit A_location map This Resolution was adopted unanimously. Absent: Councilor Fosle. 23. 19-0190R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A REGIONAL TRAIL PROGRAM GRANT OF UP TO $250,000 FOR CONSTRUCTION OF A MULTI-USE TRAIL THROUGH BRIGHTON BEACH PARK. Indexes: Attachments: Exhibit A_project map This Resolution was adopted unanimously. Absent: Councilor Fosle. 24. 19-0191R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT C23404 WITH MINNESOTA LAND TRUST FOR ADDITIONAL PROFESSIONAL SERVICES TO SUPPORT THE PLANNING OF THE ST. LOUIS RIVER NATURAL AREA PLAN FOR AN INCREASE OF $19,311 FOR A NEW TOTAL AMOUNT NOT TO EXCEED $199,311. Indexes: Attachments: Exhibit A_amendment.. City of Duluth Page 8 City Council Minutes - Final March 25, 2019 This Resolution was adopted unanimously. Absent: Councilor Fosle. 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) 25. 19-011-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY AT THE NORTHEAST CORNER OF TRINITY ROAD AND ANDERSON ROAD FROM MIXED USE-NEIGHBORHOOD (MU-N) TO MIXED USE-BUSINESS PARK (MU-B). Indexes: Attachments: Attachment 1 Map Attachment 2 PL 19-012 Staff Report Attachment 3 Late Correspondence This Ordinance was read for the first time. BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) 26. 19-012-O ORDINANCE AMENDING CHAPTER 9 OF THE DULUTH CITY CODE BY DELETING IT IN ITS ENTIRETY AND SUBSITUTING A NEW BICYCLES, ELECTRIC-ASSISTED BICYCLES AND MOTORIZED FOOT SCOOTERS CHAPTER. Indexes: Attachments: Motion to Amend: Hobbs (Passed 7-1-1) This Ordinance was read for the first time. City of Duluth Page 9 City Council Minutes - Final March 25, 2019 27. 19-013-O ORDINANCE ADDING CHAPTER 9A TO THE DULUTH CITY CODE REGULATING THE OPERATION OF SHARED ACTIVE MOBILITY SYSTEMS. 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 FORSMAN (PERSONNEL) BY COUNCILOR FORSMAN (PERSONNEL) 28. 19-006-O AN ORDINANCE AMENDING SECTIONS 50-19.8 USE TABLE AND 50-20.3 COMMERCIAL USES TO ALLOW DAYCARE FACILITIES AND PRESCHOOLS IN THE MIXED USE BUSINESS (MU-B) ZONE DISTRICT. Indexes: Attachments: Attachment A Attachment B This Ordinance was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 29. 19-010-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN DOWNTOWN DULUTH AT NO COST. Indexes: Attachments: Exhibit A This Ordinance was adopted unanimously. Absent: Councilor Fosle. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS City of Duluth Page 10 City Council Minutes - Final March 25, 2019 COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 11