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, October 28, 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 APPROVAL OF MINUTES 1. 19-183 Meeting Minutes of the Duluth City Council Indexes: Attachments: October 14, 2019 - City Council Meeting These Minutes were approved. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS 2. 19-187 Application for Exempt Permit: Northern Lights Foundation Indexes: City of Duluth Page 1 City Council Minutes - Final October 28, 2019 Attachments: Northern Lights Foundation_Exempt Permit 1 Northern Lights Foundation_Exempt Permit 2 This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS 3. 19-184 Charter Commission Meeting Minutes Indexes: Attachments: May 8, 2019 - Charter Commission Minutes This Board or Commission Report was received. 4. 19-185 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: September 17, 2019 - DPUC Minutes This Board or Commission Report was received. 5. 19-186 Parks and Recreation Commission Meeting Minutes Indexes: Attachments: June 12, 2019 - Parks and Rec Minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA BY COUNCILOR ANDERSON (FINANCE) 6. 19-0725R RESOLUTION DETERMINING NOT TO REASSESS TWO PARCELS FOR CANCELED ADMINISTRATIVE FINE ASSESSMENTS IN THE AMOUNT OF $392.95. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. City of Duluth Page 2 City Council Minutes - Final October 28, 2019 Absent: Councilor Fosle. 7. 19-0726R RESOLUTION CONFIRMING ASSESSMENT ROLL LEVIED FOR REASSESSMENT OF PRIOR CANCELED ASSESSMENTS IN THE AMOUNT OF $2,082.85. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle. 8. 19-0730R RESOLUTION AUTHORIZING AGREEMENT WITH HOMEAWAY.COM, INC. FOR COLLECTION OF LODGING EXCISE TAX FROM VACATION RENTALS. Indexes: Attachments: Exhibit A. This Resolution was adopted unanimously. Absent: Councilor Fosle. 9. 19-0734R RESOLUTION AUTHORIZING EXECUTION OF 2020-2022 PROFESSIONAL SERVICES AGREEMENT WITH DULUTH JOINT POWERS ENTERPRISE TRUST AND ACCEPTING $380,598 IN YEAR 2020, $390,113 IN YEAR 2021, AND $399,866 IN YEAR 2022 FROM THE DULUTH JOINT POWERS ENTERPRISE TRUST Indexes: Attachments: 2020-2022 Professional Services Agreement - City of Duluth & Duluth JPE This Resolution was adopted unanimously. Absent: Councilor Fosle. 10. 19-0737R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH MCCARTHY & BARNES, PLC, TO PROVIDE LEGAL SERVICES FOR AN AMOUNT NOT TO EXCEED $50,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR FOSLE (PURCHASING & LICENSING) 11. 19-0727R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE AND SUNDAY LICENSE TO UP NORTH DECARO DULUTH LLC (UP NORTH BEER EXCHANGE), 1905 City of Duluth Page 3 City Council Minutes - Final October 28, 2019 WEST SUPERIOR STREET. This Resolution was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR FORSMAN (PERSONNEL) 12. 19-0739R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF WATER PLANT MAINTENANCE COORDINATOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle. 13. 19-0740R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF SUSTAINABILITY OFFICER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle. 14. 19-0744R RESOLUTION CONFIRMING THE APPOINTMENT OF KYLE DICKINSON TO THE DULUTH LEGACY ENDOWMENT FUND This Resolution was adopted unanimously. Absent: Councilor Fosle. 15. 19-0745R RESOLUTION CONFIRMING THE APPOINTMENT OF NOAH KRAMER TO THE PARKS AND RECREATION COMMISSION. This Resolution was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 16. 19-0721R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 3330 MINNESOTA AVENUE (PAT AND BILL BURNS). Indexes: City of Duluth Page 4 City Council Minutes - Final October 28, 2019 Attachments: Attachment 1 This Resolution was adopted unanimously. Absent: Councilor Fosle. 17. 19-0722R RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT LOCATED ON OUTLOT G OF THE COFFEE CREEK SUBDIVISION. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. Absent: Councilor Fosle. 18. 19-0729R RESOLUTION AUTHORIZING A PROFESSIONAL AND TECHNICAL SERVICES MASTER CONTRACT WITH THE STATE OF MINNESOTA, ACTING THROUGH ITS DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT, TO PROVIDE VOCATIONAL REHABILITATION PRE-EMPLOYMENT TRANSITION SERVICES. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) 19. 19-0732R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR UTILITY PURPOSES FROM CITYVIEW FLATS, LLC OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE CENTRAL HILLSIDE NEIGHBORHOOD, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilor Fosle. 20. 19-0738R RESOLUTION APPROVING DULUTH ENERGY SYSTEM THERMAL ENERGY HOT WATER RATE FOR EASTERN CANAL PARK. This Resolution was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR VAN NETT (PUBLIC SAFETY) City of Duluth Page 5 City Council Minutes - Final October 28, 2019 21. 19-0711R RESOLUTION AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY TO PERFORM POLICE SERVICES PURSUANT TO 2018 OPERATION STONEGARDEN GRANT OPERATIONS ORDER AND ACCEPTING REIMBURSEMENT THROUGH ST. LOUIS COUNTY IN THE AMOUNT OF $66,340. Indexes: Attachments: Exhibit A Exhibit B Exhibit C This Resolution was adopted unanimously. Absent: Councilor Fosle. 22. 19-0718R RESOLUTION AUTHORIZING THE CITY TO SERVE AS FISCAL AGENT FOR AND ACCEPT REIMBURSEMENT MONIES ON BEHALF OF THE LAKE SUPERIOR DRUG AND VIOLENT CRIME TASK FORCE, SAID REIMBURSEMENT MONIES TO BE PAID UNDER THE MINNESOTA ANTI-HEROIN TASK FORCE PROGRAM FOR THE PURPOSE OF SUPPORTING THE OPERATIONS OF THE LAKE SUPERIOR DRUG AND VIOLENT CRIME TASK FORCE. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle. 23. 19-0719R RESOLUTION AUTHORIZING THE ACCEPTANCE OF REIMBURSEMENT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, OFFICE OF JUSTICE PROGRAMS, IN AN AMOUNT NOT TO EXCEED $11,804.60 AND REIMBURSEMENT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY IN AN AMOUNT NOT TO EXCEED $11,804.60 FOR THE PURCHASE OF BALLISTIC VESTS. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle. 24. 19-0736R RESOLUTION ADOPTING 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE AS THE HOUSING AND PROPERTY MAINTENANCE CODE OF THE CITY PURSUANT TO DULUTH CITY CODE SECTION 29A-1 Indexes: City of Duluth Page 6 City Council Minutes - Final October 28, 2019 Attachments: Attachment A This Resolution was adopted unanimously. Absent: Councilor Fosle. 25. 19-0741R RESOLUTION APPROVING A PARKING RAMP LICENSE AGREEMENT BETWEEN ESSENTIA HEALTH AND INTERSTATE PARKING COMPANY OF MINNESOTA LLC RELATED TO THE EXISTING MEDICAL DISTRICT PARKING RAMP AND CONDITIONALLY AGREEING TO HONOR ITS TERMS THROUGH JANUARY 31, 2021. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 26. 19-0677R RESOLUTION AUTHORIZING ACCEPTANCE OF A $250,000 REGIONAL TRAIL PROGRAM GRANT FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR RESTORATION OF TWO MULTI USE TRAIL CROSSING BRIDGES. Indexes: Attachments: Exhibit A_draft contract This Resolution was adopted unanimously. Absent: Councilor Fosle. 27. 19-0720R RESOLUTION AUTHORIZING APPLICATION OF A MINNESOTA DEPARTMENT OF NATURAL RESOURCES GRANT OF $5,000 FOR WINTER RECREATIONAL EQUIPMENT FOR GROWING PROGRAMMING INITIATIVE. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: Councilor Fosle. 28. 19-0723R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT WITH THE STATE OF MINNESOTA FOR THE CONSTRUCTION OF IMPROVEMENTS AND MANAGEMENT OF THE BECKS ROAD TRAIL CONNECTION TO THE WILLARD MUNGER STATE TRAIL. Indexes: Attachments: Exhibit A_Amendment and Maps. City of Duluth Page 7 City Council Minutes - Final October 28, 2019 This Resolution was adopted unanimously. Absent: Councilor Fosle. 29. 19-0724R RESOLUTION AUTHORIZING APPROVAL AND IMPLEMENTATION OF THE CAMPUS CONNECTOR TRAIL MINI MASTER PLAN. Indexes: Attachments: Exhibit A_campus connector mmp This Resolution was pulled from the Consent Agenda. This Resolution was adopted unanimously. Absent: Councilor Fosle. 30. 19-0728R RESOLUTION AUTHORIZING ACCEPTANCE OF A CROSS COUNTRY SKI TRAIL ASSISTANCE PROGRAM GRANT FOR YEAR 2019-2020 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT NOT TO EXCEED $11,000. Indexes: Attachments: Exhibit A_grant agreement This Resolution was adopted unanimously. Absent: Councilor Fosle. 31. 19-0731R RESOLUTION AUTHORIZING ACCEPTANCE OF A QUIT CLAIM DEED FROM THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA, FOR REAL PROPERTY IN THE LINCOLN PARK NEIGHBORHOOD, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit A.pdf This Resolution was adopted unanimously. Absent: Councilor Fosle. 32. 19-0733R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO A NON-EXCLUSIVE USE AGREEMENT WITH THE COLLEGE OF ST. SCHOLASTICA, INC. FOR USE OF WADE STADIUM. Indexes: Attachments: First Amendment 2019-09-24.pdf This Resolution was adopted unanimously. Absent: Councilor Fosle. 33. 19-0735R RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT L30054 WITH CR-BUILDING PERFORMANCE SPECIALISTS, INC. FOR FACILITY ASSET MANAGEMENT SOFTWARE MAINTENANCE FOR AN INCREASE OF $25,000 AND A NEW TOTAL AMOUNT NOT TO City of Duluth Page 8 City Council Minutes - Final October 28, 2019 EXCEED $139,450 Indexes: Attachments: Exhibit A_Amendment This Resolution was adopted unanimously. Absent: Councilor Fosle. 34. 19-0742R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A DONATION OF REAL PROPERTY ADJACENT TO CONGDON BOULEVARD FROM STEPHEN CHARLES SPENCER, SUSAN CAROL SPENCER, AND GUILFORD HARTLEY SPENCER. Indexes: Attachments: Exhibit 1-Deed Exhibit 2-Map Exhibit 3-Donation Agreement This Resolution was adopted unanimously. Absent: Councilor Fosle. END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR FOSLE (PURCHASING & LICENSING) 35. 19-0754R RESOLUTION APPROVING THE ISSUANCE OF A 2020 MINNESOTA CURRENCY EXCHANGE LICENSE TO THE TITLE LOAN COMPANY, INC. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: Councilor Fosle. BY COUNCILOR FORSMAN (PERSONNEL) 36. 19-0746R RESOLUTION CONFIRMING THE APPOINTMENT OF MARTHA BREMER TO THE DULUTH ENTERTAINMENT CONVENTION CENTER AUTHORITY. This Resolution was adopted unanimously. Absent: Councilor Fosle. City of Duluth Page 9 City Council Minutes - Final October 28, 2019 BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) 37. 19-0679R RESOLUTION DESIGNATING SNOW EMERGENCY ROUTES. Indexes: Attachments: Exhibit A - Snow Emergency Routes This Resolution was tabled. ORDINANCES TABLED BY COUNCILOR WESTERLUND (RECREATION, LIBRARIES & AUTHORITIES) 38. 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. Indexes: Attachments: Motion to Amend: Forsman1 (Passed 8-0-1. Absent:Fosle) Motion to Amend: Forsman 2 (Passed 8-0-1. Absent:Fosle) Motion to Amend: Hobbs (Passed 7-1-1. Nay: Westerlund. Absent:Fosle) This Ordinance is to remain on Second Reading. The following entitled ordinances are to be read for the first time: BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 39. 19-051-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY WEST OF THE INTERSECTION OF JEAN DULUTH ROAD AND RILEY ROAD FROM RURAL CONSERVATION (R-C) TO PARK AND OPEN SPACE (P-1) AND RURAL RESIDENTIAL 1 (RR-1). Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) City of Duluth Page 10 City Council Minutes - Final October 28, 2019 40. 19-048-O AN ORDINANCE AMENDING CHAPTER 33 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING SNOW EMERGENCIES, INCREASING THE NOTICE TIME REQUIREMENT, EXTENDING THE DURATION OF DESIGNATIONS, DELETING REQUIREMENTS FOR NON-SNOW EMERGENCY ROUTES AND PROVIDING FOR DESIGNATION OF ROUTES BY RESOLUTION, AMENDING SECTIONS 33-97.1 AND 33-97.2. This Ordinance was read for the first time. The following entitled ordinances are to be read for the second time: BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 41. 19-050-O AN ORDINANCE AMENDING SECTION 50-14, RESIDENTIAL DISTRICTS, 50-19, PERMITTED USE TABLE, 50-20, USE SPECIFIC STANDARDS, SECTION 50-21, DEVELOPMENT STANDARDS, SECTION 50-41, DEFINITIONS, RELATED TO DWELLINGS AND TINY HOUSES. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 This Ordinance was adopted unanimously. Absent: Councilor Fosle COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 11