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, August 17, 2020 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the August 13, 2020 Agenda Session and August 17, 2020 Council Meeting by other electronic means pursuant to Minnesota Statutes Section 13D.021 in response to the COVID-19 emergency. Some members of the City Council will be participating through video conference. Due to the COVID-19 emergency and the closure of City facilities, public comment will not be taken in person. However, members of the public can monitor the meeting and provide public comment on agenda items through WebEx Events. Visit https://duluthmn.gov/live-meeting to access the meeting. The public is also encouraged to submit written comment to council@duluthmn.gov prior to the meeting. Please include “Council Agenda” in the subject line, and include your name and address and the agenda item you are speaking to. Please note that all public comment is considered Public Data. The public is also encouraged to watch both meetings online at https://duluthmn.gov/city-council/ (Select "Council Meeting Media") or by tuning into Public Access Television, Channel 180. ROLL CALL Present: 9- Councilor Zack Filipovich, Councilor Arik Forsman, Councilor Janet Kennedy, Councilor Derek Medved, Councilor Roz Randorf, Councilor Joel Sipress, Councilor Terese Tomanek, Vice President Renee Van Nett and President Gary Anderson PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 20-048 Meeting Minutes of the Duluth City Council Indexes: Attachments: July 20, 2020 - City Council Meeting City of Duluth Page 1 City Council Minutes - Final August 17, 2020 These Minutes were approved. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS 2. 20-052 Office of the State Auditor: Management and Compliance Report of the Duluth Economic Development Authority. Indexes: Attachments: Office of the State Auditor: DEDA This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS 3. 20-049 Library Board Meeting Minutes Indexes: Attachments: June 2020 - Library Board Minutes This Board or Commission Report was received. 4. 20-050 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: June 2020 - DPUC Minutes This Board or Commission Report was received. 5. 20-051 Planning Commission Meeting Minutes Indexes: Attachments: June 2020 - Planning Commission 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 RANDORF (PURCHASING & LICENSING) City of Duluth Page 2 City Council Minutes - Final August 17, 2020 6. 20-0624R RESOLUTION APPROVING RENEWAL AND ISSUANCE OF ON SALE INTOXICATING LIQUOR, ON SALE THEATER LICENSES, ON SALE SUNDAY INTOXICATING LIQUOR, ADDITIONAL BAR, ON SALE DANCING, 2:00 A.M. BEVERAGE LICENSE AND LATE HOUR ENTERTAINMENT LICENSES FOR THE PERIOD BEGINNING SEPTEM-BER 1, 2020, AND ENDING AUGUST 31, 2021. Indexes: Attachments: ATTACHMENT A This Resolution was adopted unanimously. 7. 20-0625R RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM WADSWORTH OLD CHICAGO TO NEW OWNER OLD CHICAGO TAPROOM II, LLC, 327 LAKE AVENUE SOUTH Indexes: Attachments: ATTACHMENT A This Resolution was adopted unanimously. 8. 20-0627R RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM OSAKA DULUTH INC. (OSAKA SUSHI HIBACHI STEAKSHOUSE TO HOMU TEPPANYAKI DULUTH LLC (OSAKA SUSHI HIBACHI STEAKHOUSE, 5115 BURNING TREE ROAD #309 Indexes: Attachments: ATTACHMENT A This Resolution was adopted unanimously. 9. 20-0628R RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE WINE BED & BREAKFAST LICENSE TO THE MERRYWEATHER INN, 2316 EAST FIRST STREET Indexes: Attachments: ATTACHMENT A This Resolution was adopted unanimously. 10. 20-0644R RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF SHANTY BOTTLE SHOP, 1231 EAST 4TH STREET, DULUTH, MINNESOTA 55805. Indexes: City of Duluth Page 3 City Council Minutes - Final August 17, 2020 Attachments: Report to Council - Shanty Bottle Shop Notice of Hearing - Shanty Bottle Shop This Resolution was adopted unanimously. 11. 20-0646R RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF UNIVERSITY LIQUOR, 1603 WOODLAND AVENUE, DULUTH, MINNESOTA 55803. Indexes: Attachments: 20200810 Report to council - University Liquor 20200228 Notice of Hearing - Duluth Hillside Investment, LLC dba University Liquor This Resolution was adopted unanimously. 12. 20-0648R RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF FITGER’S WINE CELLAR, 600 EAST SUPERIOR STREET, #213, DULUTH, MINNESOTA 55803. Indexes: Attachments: 20200810 Report to council - Fitger's Wine Cellar 20200228 Notice of Hearing This Resolution was adopted unanimously. 13. 20-0649R RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF SUPER ONE LIQUOR, 210 NORTH CENTRAL AVENUE, DULUTH, MINNESOTA 55807. Indexes: Attachments: 20200810 Report to council - Super One Liquor 20200228 Notice of Hearing This Resolution was adopted unanimously. BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 14. 20-0608R RESOLUTION GRANTING A RENEWAL OF AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 1026 NORTH 10TH AVENUE EAST (EVE AND WAYNE GRAVES). Indexes: Attachments: Staff Report & Attachments This Resolution was adopted unanimously. 15. 20-0629R RESOLUTION AUTHORIZING CITY OFFICIALS TO ENTER INTO AN City of Duluth Page 4 City Council Minutes - Final August 17, 2020 AGREEMENT WITH THE DULUTH HOUSING AND REDEVELOPMENT AUTHORITY WHEREBY CITY OFFICIALS ACCEPT $17,500 TO PROVIDE ADDITIONAL SUPPORT TO THE TENANT LANDLORD CONNECTION PROGRAM OPERATED BY ONE ROOF COMMUNITY HOUSING AND TO ENTER INTO AN AGREEMENT WITH ONE ROOF COMMUNITY HOUSING TO OPERATE THE TENANT LANDLORD CONNECTION IN THE AMOUNT OF $57,500. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 16. 20-0632R RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FROM SENIOR SERVICE AMERICA, INC., IN AN AMOUNT OF $75,248 FOR THE PURPOSE OF PROVIDING COMMUNITY SERVICE OPPORTUNITIES TO OLDER ADULTS. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 17. 20-0634R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 120 EAST SUPERIOR STREET, FLOOR 3 (COOL & KOCON REAL ESTATE HOLDING LLC) LOCATED IN THE F-7 DOWNTOWN SHOPPING FORM DISTRICT. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. BY PRESIDENT ANDERSON (COMMITTEE OF THE WHOLE) 18. 20-0633R RESOLUTION RENEWING DECLARATION OF LOCAL HEALTH EMERGENCY FOR PURPOSES OF DULUTH CITY CODE SECTION 17-7 AND MINNESOTA STATUTES SECTION 13D.021. This Resolution was adopted unanimously. BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 19. 20-0613R RESOLUTION AMENDING MNDOT AGREEMENT NO. 1036438 FOR SANITARY SEWER LIFT STATION 15 RELOCATION IN MICHIGAN STREET NEAR INTERSTATE HIGHWAY 35 IN THE CITY OF DULUTH, City of Duluth Page 5 City Council Minutes - Final August 17, 2020 TO INCREASE THE AMOUNT BY $9,568.12 FOR A NEW TOTAL OF $5,554,885.12. Indexes: Attachments: 20-0613R Amendment 20-0613R Map This Resolution was adopted unanimously. 20. 20-0631R RESOLUTION ADOPTING AMENDED GUIDELINES FOR THE COMMERCIAL/INDUSTRIAL ENERGY CONSERVATION PROGRAM. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 21. 20-0643R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO DEMOLISH AND REMOVE A RAILROAD BRIDGE LOCATED ON DEDA’S PROPERTY OVER 37TH AVENUE WEST NEAR ONEOTA STREET IN WEST DULUTH, AT A COST TO BE REIMBURED BY DEDA. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. BY COUNCILOR VAN NETT (PUBLIC SAFETY) 22. 20-0612R RESOLUTION APPROVING AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH FOR SERVICES AND FUNDING OF ONE PUBLIC HOUSING COMMUNITY BASED POLICE OFFICER FOR THREE YEARS AND ACCEPTING $90,000 ANNUALLY TO FUND SAID POSITION. Indexes: Attachments: Document A-HRA Contract Final Exhibit A-2020 Job Specification Final This Resolution was adopted unanimously. BY COUNCILOR FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 23. 20-0604R RESOLUTION AUTHORIZING A CONTRACT WITH DIRT INC. FOR GREEN INFRASTRUCTURE IMPROVEMENTS AT PIEDMONT PARK FOR AN AMOUNT NOT TO EXCEED $168,401.25. City of Duluth Page 6 City Council Minutes - Final August 17, 2020 This Resolution was adopted unanimously. 24. 20-0607R RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH USEPA ACCEPTING A $900,000 GREAT LAKES RESTORATION INITIATIVE GRANT FOR ACQUISITION AND RESTORATION OF ECOLOGICALLY VALUABLE TAX FORFEIT PROPERTY ALONG THE ST.LOUIS RIVER AND DEVELOPMENT OF A CITYWIDE NATURAL RESOURCE MANAGEMENT PLAN. Indexes: Attachments: Exhibit 1 Exhibit 2 This Resolution was adopted unanimously. 25. 20-0617R RESOLUTION ADOPTING GUIDELINES FOR SELECTION OF TAX FORFEIT OPEN SPACE PARCELS FOR CITY OWNERSHIP AND PROTECTION. Indexes: Attachments: Exhibit 1 - 7-1-2020 FINAL Tax Forfeit Land Parcel Selection Guidelines w appendices.pdf Exhibit 2- Public Lands Project Area Map Exhibit 3 - 070620 - Staff Memo to PC Tax Forfeit Lands.pdf This Resolution was adopted unanimously. 27. 20-0635R RESOLUTION AUTHORIZING A THREE-YEAR LICENSE AGREEMENT WITH THE STEWARDSHIP NETWORK FOR THE USE OF SPACE AT CITY HALL. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. 28. 20-0636R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH AREA FAMILY Y.M.C.A. FOR THE OPERATION AND MANAGEMENT OF THE CITY’S PARK POINT BEACH HOUSE AND RECREATION AREA DURING THE 2020 OPERATING SEASON. Indexes: Attachments: Exhbit 1.pdf This Resolution was adopted unanimously. END OF CONSENT AGENDA City of Duluth Page 7 City Council Minutes - Final August 17, 2020 BY COUNCILOR FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 26. 20-0620R RESOLUTION AUTHORIZING FIRST AMENDMENT TO AGREEMENT AMENDING LINE OF CREDIT PROMISSORY NOTE FOR THE ARROWHEAD ZOOLOGICAL SOCIETY. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. The following entitled ordinances are to be read for the first time: BY COUNCILOR MEDVED (FINANCE) 29. 20-045-O AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF TAXABLE GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS OF THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $11,000,000 UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. This Ordinance was read for the first time. 30. 20-046-O AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION BONDS (LAKEWALK RESTORATION) OF THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $4,500,000 UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND LEVYING TAXES FOR THE PAYMENT THEREOF. This Ordinance was read for the first time. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 8