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, September 23, 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 Renee Van Nett, Councilor Em Westerlund and President Noah Hobbs Absent: 1- Councilor Jay Fosle PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE PUBLIC HEARING PUBLIC HEARING 1. 19-177 Public Hearing - to consider approval of the tax abatement and the development agreement with Roers Lake and First LLC which includes the provision of a business subsidy in the form of tax abatement Indexes: Attachments: Public Notice for Lake and First project This Informational Report was received. APPROVAL OF MINUTES City of Duluth Page 1 City Council Minutes - Final September 23, 2019 APPROVAL OF MINUTES 2. 19-176 Meeting Minutes of the Duluth City Council Indexes: Attachments: City Council Meeting - September 9, 2019 These Minutes were approved. 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 3. 19-173 Alcohol, Gambling and Tobacco Commission Meeting Minutes Indexes: Attachments: AGT Minutes This Board or Commission Report was received. 4. 19-174 Duluth Parking Commission Resolutions Indexes: Attachments: August 2019 DPC Resolutions September 2019 DPC Resolutions This Board or Commission Report was received. 5. 19-175 Library Board Meeting Minutes Indexes: Attachments: Minutes Library Board REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES City of Duluth Page 2 City Council Minutes - Final September 23, 2019 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) 6. 19-0630R RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HKM, P.A. INCREASING THE CONTRACT AMOUNT BY $13,925 FOR A CONTRACT AMOUNT NOT TO EXCEED $62,211. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle 7. 19-0637R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2020. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. Absent: Councilor Fosle 8. 19-0638R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2020. This Resolution was adopted unanimously. Absent: Councilor Fosle 9. 19-0639R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, HOUSING AND City of Duluth Page 3 City Council Minutes - Final September 23, 2019 REDEVELOPMENT AUTHORITY, FOR THE YEAR 2020. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. Absent: Councilor Fosle BY COUNCILOR FOSLE (PURCHASING & LICENSING) BY COUNCILOR FOSLE (PURCHASING & LICENSING) 10. 19-0628R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE AND SUNDAY LICENSE TO NOBLE POUR, LLC (NOBLE POUR), 1907 WEST SUPERIOR STREET Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: Councilor Fosle 11. 19-0663R RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF JOEL’S LLC D/B/A MEXICO LINDO, 600 EAST SUPERIOR STREET, SUITE 201, DULUTH, MINNESOTA 55802. Indexes: Attachments: Notice of September 4, 2019 Hearing -Mexico Lindo Exhibit B - Report to City Council - Mexico Lindo This Resolution was adopted unanimously. Absent: Councilor Fosle BY COUNCILOR FORSMAN (PERSONNEL) BY COUNCILOR FORSMAN (PERSONNEL) 12. 19-0653R RESOLUTION CONFIRMING THE APPOINTMENT OF TAMMY WALKER TO THE DULUTH CITIZEN REVIEW BOARD. This Resolution was adopted unanimously. Absent: Councilor Fosle 13. 19-0654R RESOLUTION CONFIRMING THE REAPPOINTMENT OF MICHELLE MCDONALD TO THE COMMISSION ON DISABILITIES. City of Duluth Page 4 City Council Minutes - Final September 23, 2019 This Resolution was adopted unanimously. Absent: Councilor Fosle 14. 19-0655R RESOLUTION CONFIRMING THE APPOINTMENT OF MARK HAKES TO THE DULUTH HUMAN RIGHTS COMMISSION This Resolution was adopted unanimously. Absent: Councilor Fosle 15. 19-0672R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF FIRE SYSTEMS PLANS EXAMINER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 16. 19-0629R RESOLUTION GRANTING A TAX ABATEMENT FOR THE FIRST STREET LOFTS PROJECT, AUTHORIZING A TAX ABATEMENT AGREEMENT WITH ST. LOUIS COUNTY, AND FURTHER AUTHORIZING A DEVELOPMENT AGREEMENT WITH ROERS LAKE & FIRST LLC. Indexes: Attachments: Business Subsidy Agreement Pre-Approval Exhibit A Exhibit B This Resolution was adopted unanimously. Absent: Councilor Fosle 17. 19-0651R RESOLUTION VACATING PARTS OF PLATTED SELLWOOD AVENUE IN THE PLAT OF IRONTON FIRST AVENUE, ALSO KNOWN AS 84TH AVENUE WEST, COMMONWEALTH AVENUE ALSO KNOWN AS 85TH AVENUE AND BESSEMER STREET, AND RETAINING A UTILITY EASEMENT AND PUBLIC RECREATIONAL WALKWAY AND UTILITY EASEMENT OVER A PORTION OF THE VACATION AREA OF 85TH AVENUE WEST, AND ALLEY BETWEEN 84TH AND 85TH AVENUE WEST. Indexes: City of Duluth Page 5 City Council Minutes - Final September 23, 2019 Attachments: Attachment 1 Attachment 2 This Resolution was returned to Administration. 18. 19-0652R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE MINNEAPOLIS FOUNDATION IN THE AMOUNT OF $750 IN SUPPORT OF CENSUS 2020 This Resolution was adopted unanimously. Absent: Councilor Fosle 19. 19-0657R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1004 MINNESOTA AVENUE (PETRA PROPERTIES). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. Absent: Councilor Fosle 20. 19-0662R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT IN THE F-8 DOWNTOWN MIX ZONING DISTRICT AT 30 NORTH FIRST AVENUE WEST (JASON TALY AND RACHEL WAGNER). Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. Absent: Councilor Fosle BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) 21. 19-0643R RESOLUTION DEDICATING EASEMENTS FOR UTILITY AND ACCESS PURPOSES OVER, UNDER, AND ACROSS PROPERTY IN THE PLAT OF WILLARD AND PIPER’S DIVISION. Indexes: Attachments: Exhibit A and B This Resolution was adopted unanimously. Absent: Councilor Fosle 22. 19-0646R RESOLUTION DEDICATING AN EASEMENT FOR STREET AND UTILITY City of Duluth Page 6 City Council Minutes - Final September 23, 2019 PURPOSES OVER, UNDER, AND ACROSS PROPERTY ADJACENT TO THE PLATTED RIGHT-OF-WAY OF SIXTH AVE. E IN THE PLAT OF NORTON’S DIVISION OF DULUTH. Indexes: Attachments: Exhibit A.pdf This Resolution was adopted unanimously. Absent: Councilor Fosle 23. 19-0647R RESOLUTION TO RESCIND THE DESIGNATION AND ESTABLISHMENT AS A ONE-WAY STREET FOR THAT PART OF THE SEGMENT OF WEST FIRST STREET BETWEEN 22nd AVENUE WEST AND 30th AVENUE WEST. Indexes: Attachments: 19-0674R Map This Resolution was adopted unanimously. Absent: Councilor Fosle 24. 19-0650R RESOLUTION AUTHORIZING MNDOT AGREEMENT NO. 1035319 FOR THE BRIGHTON BEACH TRAIL EXTENSION PROJECT UNDER STATE PROJECT NO. 118-090-024 WITH THE CITY MATCHING CONTRIBUTION LIMITED TO $2,829.20. Indexes: Attachments: 19-0650R Attachment 1 19-0650R Map This Resolution was adopted unanimously. Absent: Councilor Fosle BY COUNCILOR VAN NETT (PUBLIC SAFETY) BY COUNCILOR VAN NETT (PUBLIC SAFETY) 25. 19-0601R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MADDEN, GALANTER, HANSEN, LLP EXTENDING THE TERM OF THE AGREEMENT TO DECEMBER 31, 2021, AND INCREASING THE CONTRACT AMOUNT BY $20,000 FOR A CONTRACT AMOUNT NOT TO EXCEED $60,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle City of Duluth Page 7 City Council Minutes - Final September 23, 2019 26. 19-0649R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE PARTNER AGREEMENT BETWEEN THE CITY OF DULUTH AND PROGRAM FOR AID TO VICTIMS OF SEXUAL ASSAULT, INC., REGARDING THE FY 2016 NATIONAL SEXUAL ASSAULT KIT INITIATIVE TO VICTIMS OF SEXUAL ASSAULT, TO EXTEND THE TERM OF THE AGREEMENT FROM SEPTEMBER 30, 2019 TO SEPTEMBER 30, 2020. Indexes: Attachments: Amendment to Partner Agreement Councilor Westerlund abstained stating that PAVSA is her current employer. This Resolution was adopted by the following vote: Yea: 7- Councilor Anderson, Councilor Filipovich, Councilor Forsman, Councilor Russ, Councilor Sipress, Councilor Van Nett and President Hobbs Absent: 1- Councilor Fosle Abstain: 1- Councilor Westerlund 27. 19-0659R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT AMENDMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR LEASE OF ADDITIONAL SPACE ON ANTENNA TOWER Indexes: Attachments: Exhibit A - Agreement 98282 Amendment # 2 Agreement 98282 Amendment # 2 Exhibit B1 Agreement 98282 City and MnDOT This Resolution was adopted unanimously. Absent: Councilor Fosle 28. 19-0661R RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $264,750 FOR THE 2020 TOWARDS ZERO DEATHS PROJECT. Indexes: Attachments: Document A This Resolution was adopted unanimously. Absent: Councilor Fosle BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 29. 19-0642R RESOLUTION AUTHORIZING A ONE-YEAR AGREEMENT WITH City of Duluth Page 8 City Council Minutes - Final September 23, 2019 DULUTH AMATEUR HOCKEY ASSOCIATION FOR LEASE OF THE CITY’S FRYBERGER ARENA FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilor Fosle 30. 19-0644R RESOLUTION AUTHORIZING AN AMENDMENT TO A LICENSE AGREEMENT WITH COMMUNITY ACTION DULUTH FOR THE CONTROL AND REMOVAL OF INVASIVE SPECIES WITHIN MULTIPLE CITY PARKS AND RECREATIONAL AREAS. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilor Fosle 31. 19-0645R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR PUBLIC MULTI-USE TRAIL PURPOSES FROM THE MARSHALL SCHOOL OVER PROPERTY NEAR CENTRAL ENTRANCE AND PECAN AVENUE AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilor Fosle 32. 19-0648R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR PUBLIC MULTI-USE TRAIL PURPOSES FROM THE REGENTS OF THE UNIVERSITY OF MINNESOTA OVER THE UNIVERSITY OF MINNESOTA DULUTH CAMPUS AND BAGLEY NATURE AREA. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilor Fosle END OF CONSENT AGENDA END OF CONSENT AGENDA The following entitled resolutions are also to be considered: City of Duluth Page 9 City Council Minutes - Final September 23, 2019 The following entitled resolutions are also to be considered: BY COUNCILOR ANDERSON (FINANCE) BY COUNCILOR ANDERSON (FINANCE) 33. 19-0640R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2020. Indexes: Attachments: Exhibit A Motion to Amend: Filipovich/Sipress - Passed (6-2-1: Nay: Hobbs and Forsman) This Resolution was adopted unanimously as amended. Absent: Councilor Fosle BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 34. 19-0669R RESOLUTION SUPPORTING A LEADERSHIP ROLE FOR THE CITY OF DULUTH IN REDUCING WASTE GOING INTO THE ENVIRONMENT AND AREA LANDFILLS BY DECREASING OR ELIMINATING THE USE OF SINGLE USE PLASTIC PRODUCTS AND EXPANDED POLYSTYRENE CONTAINERS IN THE CITY. A motion was made to withdraw this Resolution. The motion passed unanimously with Councilor Fosle absent. 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) 35. 19-046-O AN ORDINANCE AMENDING CHAPTER 24 OF THE DULUTH CITY CODE BY ADDING A NEW ARTICLE VII REQUIRING A FIVE CENTS CHARGE FOR CARRYOUT BAGS. This Ordinance was read for the first time. City of Duluth Page 10 City Council Minutes - Final September 23, 2019 BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 36. 19-042-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY AT 4250 HAINES ROAD FROM RURAL-RESIDENTIAL (RR-1) TO MIXED USE COMMERCIAL (MU-C). Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 37. 19-043-O AN ORDINANCE GRANTING ESSENTIA HEALTH A CONCURRENT USE PERMIT FOR PRIVATE ELECTRICAL CONDUITS IN THE PLATTED STREET RIGHT OF WAY OF NORTH FOURTH AVENUE EAST AND EAST FIRST STREET. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 38. 19-044-O AN ORDINANCE GRANTING A CONCURRENT USE PERMIT FOR PARKING IN THE PLATTED STREET RIGHT OF WAY OF 54TH AVENUE EAST. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 39. 19-045-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY APPROXIMATELY TEN ACRES OF PROPERTY ON THE NORTH SIDE OF MARBLE STREET NEAR ROBIN AVENUE FROM RESIDENTIAL-TRADITIONAL (R-1) TO RESIDENTIAL-PLANNED (R-P). Indexes: Attachments: Attachment 1 Attachment 2 City of Duluth Page 11 City Council Minutes - Final September 23, 2019 This Ordinance was read for the first time. 40. 19-047-O AN ORDINANCE GRANTING ESSENTIA HEALTH A CONCURRENT USE PERMIT FOR A PRIVATE ELECTRICAL DUCT BANK IN THE PLATTED STREET RIGHT OF WAY OF NORTH FIFTH AVENUE EAST. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 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) 41. 19-038-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY SOUTH OF THE INTERSECTION OF WEST GARY STREET AND BECKS ROAD FROM RURAL RESIDENTIAL 1 (RR-1) TO MIXED USE BUSINESS PARK (MU-B). Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 This Ordinance was adopted uanimously. Absent: Councilor Fosle 42. 19-039-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTIES NEAR THE INTERSECTION OF COMMONWEALTH AVENUE AND BECKS ROAD FROM RURAL RESIDENTIAL 1 (RR-1) AND RESIDENTIAL-TRADITIONAL (R-1) TO MIXED USE BUSINESS PARK (MU-B). Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 City of Duluth Page 12 City Council Minutes - Final September 23, 2019 This Ordinance was adopted unanimously. Absent: Councilor Fosle. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 13