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, April 8, 2019 7:00 PM Council Chamber ROLL CALL Present: 8- Councilor Gary Anderson, Councilor Zack Filipovich, Councilor Arik Forsman, Councilor Jay Fosle, Councilor Joel Sipress, Councilor Em Westerlund, Councilor Renee Van Nett and President Noah Hobbs Absent: 1- Councilor Barb Russ PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES APPROVAL OF MINUTES 1. 19-078 Meeting Minutes of the Duluth City Council Indexes: Attachments: March 25, 2019 These Minutes were approved. PUBLIC HEARING PUBLIC HEARING City of Duluth Page 1 City Council Minutes - Final April 8, 2019 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. 19-073 Civil Service Board Meeting Minutes Indexes: Attachments: Civil Service Board 1-8-19 Civil Service Board 1-22-19 This Board or Commission Report was received. 3. 19-074 Library Board Meeting Minutes Indexes: Attachments: Library Board 2-26-19 This Board or Commission Report was received. 4. 19-075 Charter Commission Meeting Minutes Indexes: Attachments: 2019-01-09, Charter Commission Minutes This Board or Commission Report was received. 5. 19-076 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: Duluth Public Utilities Commission 2-19-19 This Board or Commission Report was received. City of Duluth Page 2 City Council Minutes - Final April 8, 2019 6. 19-077 Duluth Transit Authority Meeting Minutes Indexes: Attachments: Duluth Transit Authority 1-30-19 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 CONSENT AGENDA CONSENT AGENDA BY COUNCILOR ANDERSON (FINANCE) BY COUNCILOR ANDERSON (FINANCE) 7. 19-0215R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HKM, P.A. INCREASING THE CONTRACT AMOUNT BY $33,286 FOR A CONTRACT AMOUNT NOT TO EXCEED $48,286. Indexes: Attachments: Exhibit A. This Resolution was adopted unanimously. Absent: Councilor Russ. BY COUNCILOR FOSLE (PURCHASING & LICENSING) BY COUNCILOR FOSLE (PURCHASING & LICENSING) City of Duluth Page 3 City Council Minutes - Final April 8, 2019 8. 19-0212R RESOLUTION APPROVING THE TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE AND TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G This Resolution was adopted unanimously. Absent: Councilor Russ. 9. 19-0216R RESOLUTION APPROVING ISSUANCE OF A ONE DAY CONSUMPTION AND DISPLAY LICENSE TO DULUTH SISTER CITIES INT’L. Indexes: Attachments: SISTER CITIES This Resolution was adopted unanimously. Absent: Councilor Russ. 10. 19-0218R RESOLUTION APPROVING ISSUANCE OF AN ON SALE WINE LICENSE AND ISSUING AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO CRABBY ‘OL BILLS, INC. 504 CANAL PARK DRIVE. Indexes: Attachments: Crabby 'Ol Bills This Resolution was adopted unanimously. Absent: Councilor Russ. 11. 19-0219R RESOLUTION APPROVING ISSUANCE OF AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO CORKTOWN, LLC (TACO ARCADA) 1902 WEST SUPERIOR STREET. City of Duluth Page 4 City Council Minutes - Final April 8, 2019 This Resolution was adopted unanimously. Absent: Councilor Russ. 12. 19-0220R RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE OF HANABI JAPANESE CUISINE CO. (HANABI INC) 110 NORTH 1ST AVENUE WEST. Indexes: Attachments: Hanabi This Resolution was adopted unanimously. Absent: Councilor Russ. 13. 19-0222R RESOLUTION APPROVING THE APPLICATION FOR AN ON SALE BREWERY (TAPROOM), AND SUNDAY (TAPROOM) LICENSE OF CAMP CIDER, LLC (WILD STATE CIDER), 2515 WEST SUPERIOR STREET. Indexes: Attachments: Camp Cider Taproom This Resolution was adopted unanimously. Absent: Councilor Russ. 14. 19-0223R RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE DESIGNATED SERVING AREA OF CAMP CIDER, LLC. (WILD STATE CIDER), 2515 WEST SUPERIOR STREET, 55806 Indexes: Attachments: Camp Cider Expansion This Resolution was adopted unanimously. Absent: Councilor Russ. 15. 19-0228R RESOLUTION APPROVING THE APPLICATION FOR AN ON SALE BREWERY (TAPROOM), AND SUNDAY (TAPROOM) LICENSE OF DULUTH CIDER, LLC (DULUTH CIDER), 2307 WEST SUPERIOR STREET. Indexes: Attachments: Duluth Cider City of Duluth Page 5 City Council Minutes - Final April 8, 2019 This Resolution was adopted unanimously. Absent: Councilor Russ. 16. 19-0229R RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE DESIGNATED SERVING AREA OF DULUTH CIDER, LLC. (DULUTH CIDER), 2307 WEST SUPERIOR STREET, 55806 Indexes: Attachments: Duluth Cider Expansion This Resolution was adopted unanimously. Absent: Councilor Russ. BY COUNCILOR FORSMAN (PERSONNEL) BY COUNCILOR FORSMAN (PERSONNEL) 17. 19-0205R RESOLUTION CONFIRMING THE APPOINTMENT OF MALCOM DAVY TO THE DULUTH LEGACY ENDOWMENT FUND ADVISORY BOARD FILLING A CURRENT VACANCY. This Resolution was adopted unanimously. Absent: Councilor Russ. 18. 19-0207R RESOLUTION CONFIRMING THE APPOINTMENT OF STEPHEN WELSH TO THE LIBRARY BOARD This Resolution was adopted unanimously. Absent: Councilor Russ. 19. 19-0208R RESOLUTION CONFIRMING THE REAPPOINTMENT OF TODD FEDORA TO THE DULUTH AIRPORT AUTHORITY. This Resolution was adopted unanimously. Absent: Councilor Russ. 20. 19-0209R RESOLUTION CONFIRMING THE APPOINTMENT OF DAVID DEMMER TO THE PARKS AND RECREATION COMMISSION AT-LARGE VACANCY AND THE APPOINTMENT OF JENNIFER PETERSON TO City of Duluth Page 6 City Council Minutes - Final April 8, 2019 THE RECREATION SPECIALIST VACANCY. This Resolution was adopted unanimously. Absent: Councilor Russ. 21. 19-0214R RESOLUTION CONFIRMING THE APPOINTMENT OF DONALD P. MONACO TO THE DULUTH INTERNATIONAL AIRPORT JOINT ZONING BOARD FILLING A CURRENT VACANCY. This Resolution was adopted unanimously. Absent: Councilor Russ. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 22. 19-0210R RESOLUTION APPROVING DEDA RESOLUTION 19D-10 AUTHORIZING A GRANT/DEVELOPMENT AGREEMENT WITH MOLINE MACHINERY LLC FOR THE DEVELOPMENT OF A NEW MANUFACTURING FACILITY IN WEST DULUTH IN THE AMOUNT OF $125,000. Indexes: Attachments: Resolution 19D-10 Agreement with Moline Machinery, LLC This Resolution was adopted unanimously. Absent: Councilor Russ. 23. 19-0224R RESOLUTION APPROVING DEDA RESOLUTION 19D-11 AUTHORIZING AN AGREEMENT WITH THE JAMAR COMPANY FOR REPAIR OF THE MRO BUILDING ROOF IN THE AMOUNT OF $109,457.04. Indexes: Attachments: 19D-11 Work Order Document Roof Report Map This Resolution was adopted unanimously. Absent: Councilor Russ. City of Duluth Page 7 City Council Minutes - Final April 8, 2019 24. 19-0226R RESOLUTION VACATING A 250 FOOT SECTION OF THE PLATTED RIGHT OF WAY OF JEFFERSON AVENUE BETWEEN FOURTH STREET AND ELINOR STREET, AND A 300 FOOT SECTION OF THE PLATTED ALLEY RUNNING BETWEEN MADISON AVENUE AND JEFFERSON AVENUE. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was returned to Administration. 25. 19-0230R RESOLUTION IN SUPPORT OF LEGISLATION BY THE MINNESOTA HOUSE OF REPRESENTATIVES AND THE MINNESOTA SENATE AMENDING STATUTES GOVERNING AIRPORTS AND AIRPORT ZONING. Indexes: Attachments: Attachment A Attachment B Attachment C This Resolution was adopted unanimously. Absent: Councilor Russ. BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) 26. 19-0213R RESOLUTION AUTHORIZING AN AGREEMENT WITH ALLIANT ENGINEERING FOR PROFESSIONAL ENGINEERING SERVICES TO PERFORM A TRAFFIC STUDY FOR THE 1ST STREET TWO WAY CONVERSION PROJECT IN THE AMOUNT OF $84,344. Indexes: Attachments: Exhibit A Map This Resolution was adopted unanimously. Absent: Councilor Russ. 27. 19-0225R RESOLUTION ORDERING THE IMPROVEMENT OF THE 2019 STREET PRESERVATION PROJECT. City of Duluth Page 8 City Council Minutes - Final April 8, 2019 Indexes: Attachments: Decker Rd Project Map Preliminary Assessment Roll March 14 Public Hearing Minutes March 26 Public Hearing Minutes This Resolution was adopted unanimously. Absent: Councilor Russ. 28. 19-0227R RESOLUTION AWARDING A CONTRACT TO PARSONS ELECTRIC, LLC FOR THE LIFT STATIONS 9 & 26 IMPROVEMENTS PROJECT IN THE AMOUNT OF $329,662. Indexes: Attachments: 19-0227R Map This Resolution was adopted unanimously. Absent: Councilor Russ. 29. 19-0231R RESOLUTION AUTHORIZING THE PURCHASE OF A REGULATOR STATION HEATER FROM OGI PROCESS EQUIPMENT FOR AN AMOUNT NOT TO EXCEED $200,000.00 This Resolution was adopted unanimously. Absent: Councilor Russ. 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 ANDERSON (FINANCE) BY COUNCILOR ANDERSON (FINANCE) 30. 19-0245R RESOLUTION AUTHORIZING AN AGREEMENT WITH INDEPENDENT City of Duluth Page 9 City Council Minutes - Final April 8, 2019 TELEVISION FESTIVAL, INC. IN THE AMOUNT OF $50,000 FOR THE 2019 ITVFEST. Indexes: Attachments: Exhibit A ITVFest Info Packet A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs Nay: 1- Councilor Fosle Absent: 1- Councilor Russ BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) 31. 19-0221R RESOLUTION AMENDING RESOLUTION 18-0788, ADOPTING LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES FOR 2019, BY ADDING ANNUAL LICENSE FEES FOR SHARED ACTIVE MOBILITY SYSTEMS. A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 7- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs Nay: 1- Councilor Fosle Absent: 1- Councilor Russ BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) 32. 19-0181R RESOLUTION ADOPTING THE DULUTH-SUPERIOR METROPOLITAN INTERSTATE COUNCIL (DSMIC) BIKEWAYS PLAN. Indexes: Attachments: 19-0181R Bikeways Plan A motion was made that this Resolution be adopted. The motion carried by the City of Duluth Page 10 City Council Minutes - Final April 8, 2019 following vote: Yea: 7- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs Nay: 1- Councilor Fosle Absent: 1- Councilor Russ 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) 33. 19-014-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE DULUTH HEIGHTS NEIGHBORHOOD TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. Indexes: Attachments: Exhibit A 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. 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 City of Duluth Page 11 City Council Minutes - Final April 8, 2019 This Ordinance failed by the following vote: Yea: 1- Councilor Fosle Nay: 7- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs Absent: 1- Councilor Russ BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) 35. 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) Motion to Amend 19-012-O passes unanimously. Ordinance will stay on second read until 4/22/2019 36. 19-013-O ORDINANCE ADDING CHAPTER 9A TO THE DULUTH CITY CODE REGULATING THE OPERATION OF SHARED ACTIVE MOBILITY SYSTEMS. A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 7- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Sipress, Councilor Westerlund, Councilor Van Nett and President Hobbs Nay: 1- Councilor Fosle Absent: 1- Councilor Russ COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 12