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, June 10, 2019 7:00 PM Council Chamber ROLL CALL Present: 9- Councilor Gary Anderson, Councilor Zack Filipovich, Councilor Arik Forsman, Councilor Jay Fosle, Councilor Barb Russ, Councilor Joel Sipress, Councilor Renee Van Nett, Councilor Em Westerlund and President Noah Hobbs PLEDGE OF ALLEGIANCE PUBLIC HEARING - Public Hearing: Final Layout for State Project No. 6910-106, Trunk Highway 23 (134th Ave. W.), Layout No. 1, S.P. 6910-106. APPROVAL OF MINUTES 1. 19-149 Meeting Minutes of the Duluth City Council Indexes: Attachments: May 28, 2019 These Minutes were approved. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS 2. 19-148 Office of the State Auditor: Duluth Entertainment and Convention Center Authority City of Duluth Page 1 City Council Minutes - Final June 10, 2019 Indexes: Attachments: State of Minnesota Office of the State Auditor, Duluth Entertainment and Convention Center Authority This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS 3. 19-144 Duluth Entertainment and Convention Center Meeting Minutes Indexes: Attachments: 2019-02-05, Duluth Entertainment and Convention Center Authority Meeting Minutes 2019-02-27, Duluth Entertainment and Convention Center Authority Meeting Minutes 2019-03-27, Duluth Entertainment and Convention Center Authority Meeting Minutes This Board or Commission Report was received. 4. 19-145 Spirit Mountain Recreation Area Authority Meeting Minutes Indexes: Attachments: 2019-04-18, Spirit Mountain Recreation Area Authority Meeting Minutes This Board or Commission Report was received. 5. 19-146 Library Board Meeting Minutes Indexes: Attachments: 2019-04-23, Library Board Meeting Minutes This Board or Commission Report was received. 6. 19-147 Housing and Redevelopment Area Authority Meeting Minutes Indexes: Attachments: 2019-06-03, Housing and Redevelopment Authority Meeting Minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD City of Duluth Page 2 City Council Minutes - Final June 10, 2019 CONSENT AGENDA The Consent Agenda was adopted unanimously. BY COUNCILOR ANDERSON (FINANCE) 7. 19-0394R RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED FOR REASSESSMENT OF PRIOR CANCELED ASSESSMENTS. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 8. 19-0395R RESOLUTION DETERMINING NOT TO REASSESS PARCELS FOR CANCELED ASSESSMENTS IN THE AMOUNT OF $5,543.49. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR FOSLE (PURCHASING & LICENSING) 9. 19-0416R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE DESIGNATED SERVING AREA OF THE ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: BENT PADDLE ATTACHMENT E EVOL ATTACHMENT A LEMONS REEF ATTACHMENT C PLAYERS ATTACHMENT B SIR BEN'S ATTACHMENT D This Resolution was adopted unanimously. 10. 19-0418R RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE OF VA BENE INC. (VA BENE CAFÉ), 734 EAST SUPERIOR STREET. This Resolution was adopted unanimously. 11. 19-0419R RESOLUTION APPROVING ISSUANCE OF TEMPORARY ON SALE INTOXICATING LIQUOR LICENSES TO VARIOUS LICENSEES City of Duluth Page 3 City Council Minutes - Final June 10, 2019 This Resolution was adopted unanimously. 12. 19-0420R RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE LICENSE PREMISES OF THE ON SALE WINE AND ON SALE 3.2 % MALT LIQUOR LICENSE OF DOVETAIL CAFÉ AND MARKETPLACE, 1917 WEST SUPERIOR STREET This Resolution was adopted unanimously. 13. 19-0421R RESOLUTION APPROVING THE TRANSFER OF STOCK OF THE ON SALE INTOXICATING LIQUOR LICENSES AND ON SALE SUNDAY LICENSES OF OWNER BRYAN FLAHERTY. This Resolution was adopted unanimously. 14. 19-0425R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE TO WEST THEATER, LLC (WEST THEATER), 319 NORTH CENTRAL AVENUE. This Resolution was adopted unanimously. 15. 19-0426R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE TO NORTHRIDGE ASSETS, LLC (TRU BY HILTON), 503 CLEARWOOD DRIVE, 55811. This Resolution was adopted unanimously. BY COUNCILOR FORSMAN (PERSONNEL) 16. 19-0390R RESOLUTION CONFIRMING THE FOLLOWING APPOINTMENTS TO THE NATURAL RESOURCES COMMISSION: BRANDON KRUMWIEDE, JOHN LINDGREN, MIKE SCHRAGE AND NANCY SCHULDT. This Resolution was adopted unanimously. 18. 19-0400R RESOLUTION CONFIRMING THE REAPPOINTMENT OF DON NESS TO THE ENTERTAINMENT AND CONVENTION CENTER AUTHORITY. This Resolution was adopted unanimously. City of Duluth Page 4 City Council Minutes - Final June 10, 2019 19. 19-0427R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF SENIOR TRANSPORTATION PLANNER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 20. 19-0428R RESOLUTION APPROVING PROPOSED AMENDMENT TO THE TITLE OF THE EXISTING CIVIL SERVICE CLASSIFICATION OF GAS CONTROL SUPERVISOR TO GAS OPERATIONS SUPERVISOR. Indexes: Attachments: Exhibit A Gas Control Supervisor (strikeout) This Resolution was adopted unanimously. BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) 22. 19-0436R RESOLUTION APPROVING LAWS OF MINNESOTA, 2019 1ST SPECIAL SESSION, CHAPTER 6, ARTICLE 10, SECTION 7. This Resolution was adopted unanimously. BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) 23. 19-0352R RESOLUTION APPROVING A STATE PROJECT WITHIN THE MUNICIPAL CORPORATE LIMITS FOR IMPROVEMENTS TO TRUNK HIGHWAY 23 AND 134TH AVENUE WEST. Indexes: Attachments: 19-0352R Request for Approval 19-0352R Final Layout This Resolution was adopted unanimously. 24. 19-0360R RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY TO REMOVE EXISTING EMERGENCY VEHICLE PREEMPTION (EVP) SYSTEMS AND INSTALL NEW EVP SYSTEMS ON TRAFFIC CONTROL SIGNAL SYSTEMS IN THE CITY OF DULUTH. Indexes: Attachments: Exhibit A - Agreement City of Duluth Page 5 City Council Minutes - Final June 10, 2019 This Resolution was adopted unanimously. 25. 19-0401R RESOLUTION AUTHORIZING AN AGREEMENT WITH MNDOT TO MAINTAIN AND OPERATE THE EMERGENCY VEHICLE PREEMPTION (EVP) SYSTEMS INSTALLED ON DULUTH/STATE SIGNAL SYSTEMS, AS PART OF THE EVP PROJECT, IN THE CITY OF DULUTH. Indexes: Attachments: 19-0401R Exhibit A This Resolution was adopted unanimously. 26. 19-0402R RESOLUTION AUTHORIZING THE PURCHASE OF A COMPLETE LIFT TRUCK FROM ALTEC INDUSTRIES, INC. IN THE AMOUNT OF $206,443. This Resolution was adopted unanimously. 27. 19-0405R RESOLUTION AWARDING A CONTRACT TO HANCO UTILITIES, INC. FOR THE WOODLAND AVENUE GAS MAIN REPLACEMENT PROJECT PHASE 2 IN THE AMOUNT OF $410,862. Indexes: Attachments: 19-0405R Map This Resolution was adopted unanimously. 28. 19-0407R RESOLUTION AWARDING A CONTRACT TO THE JAMAR COMPANY FOR THE LAKEWOOD WATER TREATMENT PLANT FILTER BUILDING ROOF REPLACEMENT PROJECT IN THE AMOUNT OF $524,650. Indexes: Attachments: 19-0407R Map This Resolution was adopted unanimously. 29. 19-0408R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, LLC FOR THE HARBOR DRIVE OVERLAY PROJECT IN THE AMOUNT OF $164,000. Indexes: Attachments: 19-0408R Map This Resolution was adopted unanimously. BY COUNCILOR VAN NETT (PUBLIC SAFETY) City of Duluth Page 6 City Council Minutes - Final June 10, 2019 30. 19-0409R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE UNIVERSITY OF MINNESOTA-DULUTH POLICE DEPARTMENT FOR DWI FINE REVENUE ALLOCATION. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 31. 19-0393R RESOLUTION AUTHORIZING AN AGREEMENT WITH TRC ENVIRONMENTAL CORPORATION FOR PROFESSIONAL ENGINEERING SERVICES FOR OCTOBER 2018 DULUTH LAKEWALK AND SHORELINE DAMAGE FOR AN AMOUNT NOT TO EXCEED $575,571.00. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 32. 19-0399R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO SUBGRANT AGREEEMENT 23662 WITH THE SOUTH ST. LOUIS SOIL AND WATER CONSERVATION DISTRICT FOR MODIFICATION OF THE PAYMENT SCHEDULE FOR A FY 2019 CLEAN WATER FUND GRANT PROGRAM. Indexes: Attachments: Exhibit A_JPA amendment This Resolution was adopted unanimously. 33. 19-0413R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30117 WITH BARR ENGINEERING CO FOR ADDITIONAL PROFESSIONAL SERVICES FOR LINCOLN PARK PHASE I ARCHEOLOGICAL AND CULTURAL RESOURCE SURVEY FOR AN INCREASE OF $13,025.67 AND A NEW TOTAL AMOUNT NOT TO EXCEED $49,525.67. Indexes: Attachments: Exhibit A_amendment This Resolution was adopted unanimously. 34. 19-0422R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE MINNESOTA POLLUTION CONTROL AGENCY AND ACCEPT $100,000 FOR E-COLI City of Duluth Page 7 City Council Minutes - Final June 10, 2019 ASSESSMENTS AT KEENE AND TISCHER CREEK, AWARDING SAID FUNDS TO BURNS & MCDONNELL FOR COMPLETION OF THE WORKPLAN. Indexes: Attachments: exhibit A_JPA agreement exhibit B_workplan This Resolution was adopted unanimously. END OF CONSENT AGENDA BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 21. 19-0423R RESOLUTION VACATING ALL OF THE SKYWALK EASEMENTS WITHIN THE MINNESOTA POWER BUILDING, 30 WEST SUPERIOR STREET, AND ACCEPTING DEDICATION OF A REPLACEMENT SKYWALK EASEMENT OVER A STAIRWAY FROM THE EXISTING SKYWALK BRIDGE OVER SUPERIOR STREET TO THE SUPERIOR STREET LEVEL OF THE BUILDING. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 This Resolution was adopted by the following vote: Yea: 8- Councilor Anderson, Councilor Filipovich, Councilor Fosle, Councilor Russ, Councilor Sipress, Councilor Van Nett, Councilor Westerlund and President Hobbs Nay: 1- Councilor Forsman ORDINANCES TABLED BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) Ordinance remains on the table 35. 19-018-O AN ORDINANCE DEDICATING A PERPETUAL TWENTY-FOOT CORRIDOR ACROSS CITY-OWNED PROPERTY FOR THE CROSS CITY TRAIL PEDESTRIAN AND BIKE PATH. Indexes: Attachments: Exhibit A-final Exhibit B-Final City of Duluth Page 8 City Council Minutes - Final June 10, 2019 This Ordinance was tabled. The following entitled ordinances are to be read for the first time: BY PRESIDENT HOBBS (COMMITTEE OF THE WHOLE) 36. 19-028-O ORDINANCE IMPOSING AN ADDITIONAL SALES TAX OF ONE-HALF OF ONE PERCENT TO FUND PROJECTS LISTED IN THE STREET IMPROVEMENT PLAN APPROVED AUGUST 8, 2017. This Ordinance was read for the first time. BY COUNCILOR ANDERSON (FINANCE) 37. 19-027-O ORDINANCE AMENDING THE BUDGET OF THE CITY OF DULUTH FOR 2019 BY INCREASING THE BUDGET BY $700,000 TO COMPLETE THE MINNESOTA SLIP PROJECT INCLUDING THE RETURN OF THE WILLIAM A IRVIN. This Ordinance was read for the first time. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 38. 19-024-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY BETWEEN EAST SUPERIOR STREET AND EAST SECOND STREET, AND BETWEEN THIRD AVENUE EAST AND EIGHTH AVENUE EAST, TO MIXED USE-NEIGHBORHOOD (MU-N) AND MIXED USE-INSTITUTIONAL (MU-I). Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 39. 19-025-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTIES BETWEEN EAST SECOND STREET AND EAST THIRD STREET, AND BETWEEN SIXTH AVENUE EAST AND NINTH AVENUE EAST, FROM RESIDENTIAL-URBAN (R-2) TO MIXED USE NEIGHBORHOOD (MU-N). Indexes: City of Duluth Page 9 City Council Minutes - Final June 10, 2019 Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 40. 19-026-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTIES BETWEEN EAST NINTH STREET ALLEY AND EAST SKYLINE PARKWAY, AND BETWEEN FOURTH AVENUE EAST AND SEVENTH AVENUE EAST, FROM RESIDENTIAL-TRADITIONAL (R-1), TO PARK AND OPEN SPACE (P-1) AND MIXED USE NEIGHBORHOOD (MU-N). Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. The following entitled ordinances are to be read for the second time: BY COUNCILOR ANDERSON (FINANCE) 41. 19-023-O ORDINANCE REPEALING ARTICLE VI OF CHAPTER 5 OF THE DULUTH CITY CODE, ADOPTING A NEW CHAPTER 14, ARTICLE I, AND NAMING CHAPTER 14 “COMPLEMENTARY AND ALTERNATIVE HEALTHCARE PRACTICES.” This Ordinance was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 42. 19-021-O AN ORDINANCE AMENDING SECTION 50-37.10.E, CRITERIA FOR INTERIM USE PERMITS, TO ALLOW AN EXEMPTION FOR VACATION DWELLINGS IN FORM DISTRICTS. Indexes: Attachments: Attachment 1 This Ordinance was adopted unanimously. 43. 19-022-O AN ORDINANCE AMENDING THE R-P ZONE REGULATING PLAN FOR RAMSEY VILLAGE AFFECTING SEVEN LOTS ON THE WEST SIDE OF NORTH 53RD AVENUE WEST NORTH OF RAMSEY STREET TO REPLACE THE CURRENTLY ALLOWED BUILDING TYPES WITH BUILDING TYPES I, VI, AND VII THAT ALLOW ONE-FAMILY DETACHED RESIDENTIAL STRUCTURES, FOUR-UNIT MULTI-FAMILY City of Duluth Page 10 City Council Minutes - Final June 10, 2019 RESIDENTIAL STRUCTURES, AND EIGHT-UNIT MULTI-FAMILY RESIDENTIAL STRUCTURES. Indexes: Attachments: Attachment 1 Map Attachment 2 Staff Report This Ordinance was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 11