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, January 13, 2020 7:00 PM Council Chamber ROLL CALL Present: 9- Councilor Zack Filipovich, Councilor Arik Forsman, Councilor Janet Kennedy, Councilor Derek Medved, Councilor Roz Randorf, Councilor Barb Russ, Councilor Joel Sipress, Councilor Renee Van Nett and President Gary Anderson PLEDGE OF ALLEGIANCE ELECTION OF OFFICERS President - standing nomination for Gary Anderson - approved unanimously. Vice President - standing nomination for Renee Van Nett - approved unanimously. APPROVAL OF MINUTES 1. 20-001 Meeting Minutes of the Duluth City Council Indexes: Attachments: December 16, 2019 - City Council Meeting These Minutes were approved. REPORTS FROM THE ADMINISTRATION City of Duluth Page 1 City Council Minutes - Final January 13, 2020 REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 2. 20-003 Planning Commission Meeting Minutes for 2019 Indexes: Attachments: 01-08-19 02-12-19 03-26-19 04-09-19 05-14-19 05-29-19 06-11-19 07-09-19 08-13-19 09-10-19 10-08-19 11-12-19 This Board or Commission Report was received. 3. 20-002 Alcohol, Gambling and Tobacco Commission Meeting Minutes Indexes: Attachments: December 4, 2019 This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES President Anderson announced the following Council Committtees for 2020: Medved: Finance Filipovich: Intergovernmental Relations Randorf: Purchasing and Licensing Kennedy: Personnel Russ: Planning Sipress: Public Works and Utilities Van Nett: Public Safety Forsman: Recreation, Libraries and Authorities REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD Christina Woods, Amber Anderson, Alexis Olson, Molly Tusken, Michael Rasch, City of Duluth Page 2 City Council Minutes - Final January 13, 2020 Issy Simonson spoke in regards to Lincoln Park Park. David Ross spoke regards to Pastoret Terrace. Mike Casey and Richard Haney spoke in regards to Cross City Trail. Bryan Bongey spoke in regards to declaring a climate emergency. JT Haines and Libby Bent spoke in regards to PolyMet Tyler Nord spoke in regards to the new councilors and the Pastoret Terrace. Mitchell Diers spoke in regards to Earned Sick and Safe Time. RESOLUTIONS TABLED BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 4. 19-0890R RESOLUTION CONDITIONALLY APPROVING DEDA RESOLUTION 19D-48 AUTHORIZING AN AGREEMENT WITH RACHEL CONTRACTING, LLC FOR DEMOLITION OF THE PASTORET TERRACE BUILDING IN THE AMOUNT OF $148,683. Indexes: Attachments: 19D-48-Construction Agreement Complete-Pastoret Terrace 19D-48 Resolution Authorizing Demolition of Pastoret Terrace FINAL APPROVAL OF SECTION 138 BY SHPO - 2018-2473 12-20-19 121819 Pastoret Draft Suitable Course of Action Plan SHPO FINAL FINAL This resolution remains on the table. CONSENT AGENDA BY COUNCILOR ANDERSON (FINANCE) 5. 20-0009R RESOLUTION AUTHORIZING THE RENEWAL OF AGREEMENT 23359 WITH TYLER TECHNOLOGIES, INC. FOR NEW WORLD SYSTEMS SOFTWARE MAINTENANCE AND SUPPORT FOR YEAR 2020 FOR AN AMOUNT NOT TO EXCEED $216,919.73 This Resolution was adopted unanimously. BY COUNCILOR KENNEDY (PURCHASING & LICENSING) 6. 20-0019R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR DUCKS City of Duluth Page 3 City Council Minutes - Final January 13, 2020 UNLIMITED. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 7. 20-0020R RESOLUTION APPROVING ISSUANCE OF AN OFF SITE GAMBLING PERMIT TO THE LOYOLA BOOSTER CLUB. Indexes: Attachments: Attachment B This Resolution was adopted unanimously. BY COUNCILOR FORSMAN (PERSONNEL) 8. 20-0012R RESOLUTION CONFIRMING THE APPOINTMENT OF TIFFANY SPRAGUE TO THE NATURAL RESOURCES COMMISSION. This Resolution was adopted unanimously. 9. 20-0014R RESOLUTION CONFIRMING THE APPOINTMENT OF ROCHELLE GOODRICH TO THE INDIGENOUS COMMISSION. This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 11. 20-0016R RESOLUTION VACATING A PORTION OF AUSTIN STREET WEST OF CALVARY ROAD RETAINING A UTILITY EASEMENT OVER THE SAME. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. 13. 20-0018R RESOLUTION DECLARING A NEED FOR ST. LOUIS COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO EXERCISE POWERS WITHIN THE BOUNDARIES OF THE CITY OF DULUTH BY PROVIDING FUNDING TO CENTER CITY HOUSING CORPORATION FOR THE BIRCHWOOD APARTMENT PROJECT. This Resolution was adopted unanimously. City of Duluth Page 4 City Council Minutes - Final January 13, 2020 14. 20-0025R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AND ACCEPT $902,090.10 IN FUNDS FROM ST. LOUIS COUNTY TO PROVIDE MINNESOTA FAMILY INVESTMENT PROGRAM AND DIVERSIONARY WORK PROGRAM EMPLOYMENT AND TRAINING SERVICES. Indexes: Attachments: City of Duluth 2020 MFIP-DWD Contract #16858 This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (COMMITTEE OF THE WHOLE) 15. 20-0022R RESOLUTION ESTABLISHING COASTAL INFRASTRUCTURE REHABILITATION PROJECTS AS THE CITY OF DULUTH’S TOP PRIORITY FOR THE 2020 LEGISLATIVE SESSION. This Resolution was adopted unanimously. BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) 16. 20-0001R RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR CONSTRUCTION OF ASSESSABLE STREET AND SIDEWALK IMPROVEMENTS TO TECHNOLOGY DRIVE AND ASSOCIATED CITY SHARE DUE TO THE RECONSTRUCTION OF CSAH 4 (RICE LAKE ROAD) IN THE ESTIMATED AMOUNT OF $480,000. Indexes: Attachments: 20-0001R Map 19-0001R Exhibit 1 This Resolution was adopted unanimously. 17. 20-0002R RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR THE 2020 CHIP SEAL PROJECT AT VARIOUS LOCATIONS IN THE CITY OF DULUTH. Indexes: Attachments: 20-0002R Exhibit A This Resolution was adopted unanimously. 18. 20-0004R RESOLUTION AUTHORIZING THE PURCHASE OF 7,000 TONS OF ROAD SALT FROM COMPASS MINERALS AMERICA IN THE AMOUNT OF $447,390. City of Duluth Page 5 City Council Minutes - Final January 13, 2020 This Resolution was adopted unanimously. 19. 20-0006R RESOLUTION AUTHORIZING AN AGREEMENT ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT STREET AND UTILITY EASEMENT ADJACENT TO FAIRMONT STREET FROM CHRISTOPHER AND CARMEL DEMAIORIBUS. Indexes: Attachments: 19-0006R Attachment 1 This Resolution was adopted unanimously. 20. 20-0007R RESOLUTION AUTHORIZING AN AGREEMENT ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT STREET AND UTILITY EASEMENT ADJACENT TO FAIRMONT STREET FROM CONCORDIA EVANGELICAL LUTHERAN CHURCH OF DULUTH. Indexes: Attachments: 20-0007R Attachment 1 This Resolution was adopted unanimously. 21. 20-0011R RESOLUTION AUTHORIZING THE PURCHASE OF DELIVERED CLASS 5 GRAVEL, 3/4-INCH CRUSHED WASHED ROCK, RIP-RAP, AND SAND FROM DULUTH READY MIX, INC. FOR AN AMOUNT NOT TO EXCEED $432,407.50 This Resolution was adopted unanimously. 22. 20-0013R RESOLUTION AUTHORIZING AN AGREEMENT ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT STREET AND UTILITY EASEMENT ADJACENT TO FAIRMONT STREET FROM MARCUS E. SOWL. Indexes: Attachments: 20-0013R Attachment 1 This Resolution was adopted unanimously. 24. 20-0026R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL PROPERTY IN LINCOLN PARK. Indexes: City of Duluth Page 6 City Council Minutes - Final January 13, 2020 Attachments: Exhibit A-Legal Description.pdf Exhibit B-Map.pdf Exhibit C-Letter of Conformity This Resolution was adopted unanimously. BY COUNCILOR RANDORF (RECREATION, LIBRARIES & AUTHORITIES) 25. 20-0010R RESOLUTION AUTHORIZING THE APPLICATION OF A MINNESOTA DEPARTMENT OF NATURAL RESOURCES, NO CHILD LEFT INSIDE GRANT, OF $49,999 FOR MOUNTAIN BIKE FLEET AND EQUIPMENT PURCHASE FOR YOUTH PROGRAMMING. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR FORSMAN (PERSONNEL) 26. 20-0040R RESOLUTION CONFIRMING THE APPOINTMENT OF GARY ANDERSON AND DEREK MEDVED TO THE DULUTH PUBLIC UTILITIES COMMISSION. This Resolution was adopted unanimously. BY COUNCILOR RUSS (PLANNING & ECONOMIC DEVELOPMENT) 10. 20-0015R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1329 MINNESOTA AVENUE (KATE HORVATH AND JOE WICKLUND). Indexes: Attachments: Attachment 1 This Resolution was removed from the Consent Agenda and tabled unanimously. 12. 20-0017R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 5802 LONDON ROAD (DEAN AND CARIN City of Duluth Page 7 City Council Minutes - Final January 13, 2020 JABLONSKY). Indexes: Attachments: Attachment 1 This Resolution was removed from the Consent Agenda and tabled unanimously. BY PRESIDENT ANDERSON (COMMITTEE OF THE WHOLE) 27. 20-0023R RESOLUTION SUPPORTING ADDITIONAL LEGISLATIVE PRIORITIES FOR THE 2020 LEGISLATIVE SESSION. Indexes: Attachments: Motion to Amend: Anderson 1 (Passed 8-0-1 - Van Nett Absent) Motion to Amend: Anderson 2 (Passed 9-0) Motion to Amend: Anderson 3 (Passed 9-0) Motion to Amend: Randorf This Resolution was amended and tabled unanimously. BY COUNCILOR FILIPOVICH (INTERGOVERNMENTAL RELATIONS) 28. 20-0021R RESOLUTION AWARDING A CONTRACT TO ULLAND BROTHERS, INC. FOR THE CROSS CITY TRAIL PHASE 2 PROJECT IN THE AMOUNT OF $1,897,100. Indexes: Attachments: 20-0021R Map This Resolution was adopted unanimously. 23. 20-0024R RESOLUTION AUTHORIZING AMENDMENT NO. 2 TO AN AGREEMENT WITH TOOLE DESIGN GROUP, LLC, FOR THE DESIGN OF THE TEMPORARY RELOCATION OF THE CROSS CITY TRAIL, TO INCREASE THE AMOUNT BY $12,920 FOR A NEW AMOUNT NOT TO EXCEED $81,640. This Resolution was removed from the Consent Agenda and adopted unanimously. The following entitled ordinances are to be read for the first time: BY COUNCILOR FILIPOVICH (PUBLIC WORKS & UTILITIES) 29. 20-001-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN City of Duluth Page 8 City Council Minutes - Final January 13, 2020 REAL PROPERTY IN THE LINCOLN PARK NEIGHBORHOOD TO THE STATE OF MINNESOTA AT NO COST. Indexes: Attachments: Exhibit A-Legal Description.pdf Exhibit B-Map.pdf Exhibit C-Letter of Conformity This Ordinance was read for the first time. BY COUNCILOR SIPRESS (INTERGOVERNMENTAL RELATIONS) 30. 20-003-O ORDINANCE AMENDING SECTION 29E-2 AND SECTION 29E-3 OF THE DULUTH CITY CODE TO CLARIFY THAT BY PARTICIPATING IN A MULTI-EMPLOYER PLAN AN EMPLOYER OF CONSTRUCTION INDUSTRY EMPLOYEES MAY MEET THE EARNED SICK AND SAFE TIME REQUIREMENTS IN CHAPTER 29E. This Ordinance was read for the first time. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 9