It was an odd night at City Hall. The crowd was modest in size, there were no citizen speakers, and there were no grave disputes between the Councilors beyond the usual, civil back-and-forth. Yet somehow, it also wound up being the ugliest meeting I’ve seen since I started attending them. It was also the end of an era, so to speak, as Councilor Krause’s resignation was set to take effect after the meeting; indeed, his departure was at the root of the evening’s troubles. The Council’s bloc of fiscal conservatives has now shrunk from three to two, but the frustrations had nothing to do with Councilor Krause’s principled stands, nor the ideology of his successor. In fact, thanks to a heap of Council confusion, he has no successor.
President Boyle began the night by convening a special meeting to appoint Councilor Krause’s replacement, in which Councilor Krause was not allowed to participate. (Councilor Krug was also absent, leaving the Council with seven voting members for the special meeting.) President Boyle announced that the Council had interviewed two candidates, Mr. Zachary Radzak and Mr. Gary Eckenberg, found them both impressive, and invited the Councilors to share their opinions on each.
Councilor Stauber went first, but instead of endorsing one of the two candidates, he shared his serious concerns about the selection process. He was upset there had been no public hearing, that the process was being conducted via resolution (and hence technically open to a veto by Mayor Ness), and thought it was pointless to appoint someone only until the November 5 election. Councilor Gardner defended the process, saying it had worked for past vacancies (including two for Councilor Krause’s 4th District seat in the past four years), and while she agreed there was room for improvement, she said it would have to do for this particular situation. She then endorsed Mr. Eckenberg for the position, as he is a past member of the Council and would be able to hit the ground running.
Next, Councilor Fosle demanded an answer as to when the appointed Councilor’s term would end. City Attorney Gunnar Johnson replied that the Council would sit the person elected in November at the next Council meeting; it was his interpretation that past Councils had violated the City Charter in not doing so. Satisfied, Councilors Hartman, Julsrud, and Larson all told Mr. Radzak he was an impressive candidate, but expressed their support for Mr. Eckenberg.
At that point, Mr. Eckenberg came forward, held a whispered conversation with Atty. Johnson, and then took the stand before the Council. He said he had been under the impression that the person appointed to fill Councilor Krause’s seat would stay on the Council until January, when the Councilor elected to the seat in November would normally take office. A one-month appointment, he said, made zero sense, and would not allow him to do anything of substance. The 4th District could survive for a month without representation. He thus withdrew his name from consideration.
This rather understandably threw off the entire meeting, and Councilor Boyle brought forward yet another confusing point: Councilor Krause’s name will appear on the ballot in November, and if he were to win, the seat would then be his. If that were to happen, the Council would need to go through the re-appointment process yet again. Councilor Fosle asked if the resolution could be amended to allow Mr. Eckenberg to serve until January, but Atty. Johnson said it could not, as that would be a violation of the Charter.
For his part, Councilor Stauber was rather pleased with this development. He agreed that a one-month appointment did no good, and that the Council could simply appoint someone to fill the seat if Councilor Krause were to win. This irked Councilor Gardner, who said there was nothing “simple” about the whole process. She accused Councilor Stauber of selective interpretation of the Charter, which insists that vacancies on the Council must be filled in a timely manner. She implored Mr. Eckenberg to reconsider his position, but Mr. Eckenberg politely declined, saying he had been misled about what he was applying for.
An exasperated Councilor Julsrud apologized to Mr. Eckenberg, and suggested the Council pull the measure and follow Councilor Stauber’s suggestion. Councilor Hartman disagreed, admitting a one-month appointment made “no sense,” but that, due to the Charter, “sometimes we have to do things that make no sense.” The Council, however, chose to make sense. It pulled the resolution, 4-3, with Councilors Fosle, Julsrud, Stauber, and Boyle in support. Councilor Krause’s seat will thus remain open until after the November election.
With this sloppy affair mercifully over, the Council kicked off its actual meeting, in which CAO Montgomery began by presenting Councilor Krause with a plaque thanking him for his service. Councilor Krause in turn thanked him, the Council, the City Hall staff, and the city employees who are on the front lines of resolving city problems. The consent agenda then passed, 8-0. A resolution creating a pedestrian underpass under Haines Road passed, 6-2, with Councilors Fosle and Krause complaining about unnecessary expenditures.
The major topic of debate for the meeting proper was a plan to finance a phase of construction of the cross-city trail. This particular section, extending from Canal Park to 30th Avenue West, would cost $1.3 million, though a chunk of that sum would be paid by federal and DNR grants. Once again, there was some exhausting bureaucratic wrangling, as the ordinance authorizing the bonds to pay for the project and the resolution awarding the contract were in an illogical order on the meeting agenda. Once Atty. Johnson resolved the confusion, debate ensued.
To no one’s great surprise, the Council’s three fiscal conservatives shared their doubts about the plan. Councilor Krause called Duluth a “large city with many cities in it,” whatever other people might try to say, and that the residents of his district appeared not to value the trail as much as the still-shuttered community centers. (This phase of the project is primarily in Councilor Krause’s district.) He and Councilor Stauber questioned the wisdom of incurring more bonding debt when the city had already taken on more debt over the previous year; CAO Montgomery countered by saying the city had reduced its debt since 2007. Councilor Fosle went so far as to challenge the Council’s power to use bonding to fund trails, but both CAO Montgomery and Atty. Johnson refuted his point.
Councilor Hartman pushed CAO Montgomery for more details on the other funding sources, and he replied by saying that roughly 70% of the project would be paid for in grants. The project, he argued, was a good way to leverage the city’s money, as it turned $450,000 worth of money into $1.8 million in trails, whereas using that same $450,000 on streets would only result in $450,000 worth of street improvements. He also noted the value of trails as a tourist attraction, and Councilor Hartman added that commuters using the trail reduced wear and tear on the streets.
Councilor Krause said all of this leveraging was well and good, but in the end it still added to city long-term operating costs, and he therefore could not support it. Councilor Stauber repeated his dissatisfaction, and Councilors Fosle and Gardner both complained about the inadequate map they’d been given of the plans. Mapping issue aside, both measures related to the cross-city trail passed, 5-3; predictably, Councilors Krause, Stauber, and Fosle were the dissenters.
The Council wrapped up its business with the unanimous approval of a zoning reclassification, and a brief but contentious meeting came to an end. In the closing comments, Councilor Hartman pleaded that Atty. Johnson inform the Councilors of changes in interpretation of the City Charter before the meeting if at all possible, as the evening’s developments had left them in a “very awkward position,” and “didn’t look good.” Once again, his closing comments accurately summed up the mood of the meeting, in which dysfunction over Councilor Krause’s seat overwhelmed any substantive achievements later on. It was also an unfortunate end to Councilor Krause’s tenure on the Council; while I have to respect him greatly for his reasoned critiques and attempts to compromise, this entire process was not pretty, and the timing of his departure was poor, to say the least. The eight-member Council will now have to press on without him, and must clearly find a way to streamline its process for appointing replacement Councilors. Duluth deserves something far cleaner than what it got in this meeting.