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City Council

Regular Meeting

Duluth, MN · October 26, 2020

AgendaMinutes

Minutes

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 26, 2020 7:00 PM Council Chamber The Duluth City Council will be holding the October 22, 2020 Agenda Session and October 26, 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, Vice President Arik Forsman, Councilor Janet Kennedy, Councilor Derek Medved, Councilor Roz Randorf, Councilor Joel Sipress, Councilor Terese Tomanek, President Renee Van Nett and Councilor Gary Anderson PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 20-070 Meeting Minutes of the Duluth City Council Indexes: Attachments: Duluth City Council - October 12, 2020 City of Duluth Page 1 City Council Minutes - Final October 26, 2020 These Minutes were approved. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 2. 20-065 Human Rights Commission Meeting Minutes Indexes: Attachments: HRC- 02/2020 HRC - 03/2020 HRC - 06/2020 HRC - 07/2020 HRC - 08/2020 HRC - 09/2020 This Board or Commission Report was received. 3. 20-066 Duluth Public Arts Commission Meeting Minutes Indexes: Attachments: DPAC - 8/17/2020 This Board or Commission Report was received. 4. 20-067 Alcohol, Gambling & Tobacco Commission Meeting Minutes Indexes: Attachments: AGT - 8/5/2020 This Board or Commission Report was received. 5. 20-068 Library Board Meeting Minutes Indexes: Attachments: Library Board Minutes 2020.08 This Board or Commission Report was received. 6. 20-069 Parks and Recreation Commission Meeting Minutes Indexes: Attachments: Parks & Rec - 09/09/2020 This Board or Commission Report was received. City of Duluth Page 2 City Council Minutes - Final October 26, 2020 REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD The following citizens spoke in regard to 24 hour shelter for homelessness and affordable housing: Teresa Whittet, Kassie Helgerson, Carl Sack, Michael Elderbrook, Diana Oestrich, Deb Holman, Andrew Craft, Mary Owen, Jordan Decker, Dr. Sam Kay, Kevin Hren, Kirsten Wisnewski, Alden Kascak-Harth, Malachy Koons, Kate Young, Michael ElderBrook, Mark Hakes, Liz Axberg, Rachel Sipress and Cole Grotting. CONSENT AGENDA BY COUNCILOR MEDVED (FINANCE) 7. 20-0784R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT A 2020 CARES ACT GRANT FROM ST. LOUIS COUNTY IN THE AMOUNT OF $45,027 FOR 2020 ELECTION COST REIMBURSEMENT AS ALLOCATED BY THE STATE OF MINNESOTA AND FURTHER AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH ST. LOUIS COUNTY. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR RANDORF (PURCHASING & LICENSING) 8. 20-0772R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE AND BINGO PERMIT AND WAIVING THE 60 DAY WAITING PERIOD FOR THE IRVING COMMUNITY ASSOCIATION. Indexes: Attachments: 2020-09-24, Irving Community Assoc. This Resolution was adopted unanimously. 9. 20-0785R RESOLUTION APPROVING THE ISSUANCE OF A 2021 MINNESOTA CURRENCY EXCHANGE LICENSE TO THE TITLE LOAN COMPANY, INC. Indexes: City of Duluth Page 3 City Council Minutes - Final October 26, 2020 Attachments: 2020-10-07, Currency Exchange Renewal This Resolution was adopted unanimously. BY COUNCILOR KENNEDY (PERSONNEL) 10. 20-0787R RESOLUTION CONFIRMING THE APPOINTMENT OF ALEXANDRA STRELOW TO THE LIBRARY BOARD. This Resolution was adopted unanimously. BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 11. 20-0770R RESOLUTION ESTABLISHING COSTCO DRIVE AS THE NAME FOR THE PRIVATE DRIVEWAY LOCATED EAST OF HAINES ROAD. Indexes: Attachments: 20-0770R Map This Resolution was adopted unanimously. 12. 20-0771R RESOLUTION AUTHORIZING AN AGREEMENT ACCEPTING A PERMANENT STREET AND UTILITY EASEMENT ADJACENT TO BURNING TREE ROAD FROM BIRCHWOOD APARTMENTS OF DULUTH DEVELOPER, LLC. Indexes: Attachments: 20-0771R Attachment 1 This Resolution was adopted unanimously. 13. 20-0782R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT L30293 WITH NORTHERN HORIZONS SOLWAY, INC., FOR A STEAM CONVERTER SYSTEM, INCREASING THE CONTRACT AMOUNT BY $570,999.84 FOR A NEW TOTAL OF $2,791,425.84 This Resolution was adopted unanimously. 14. 20-0789R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT L30398 WITH PARSONS ELECTRIC, LLC, FOR CONSTRUCTION OF THE DULUTH ENERGY SYSTEMS STEAM TO HOT WATER CONVERSION SYSTEM BALANCE OF PLANT ELECTRICAL UPGRADES, INCREASING THE CONTRACT AMOUNT BY $143,438.01 FOR A NEW TOTAL OF $716,404.01. City of Duluth Page 4 City Council Minutes - Final October 26, 2020 This Resolution was adopted unanimously. BY COUNCILOR FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 15. 20-0786R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A STATE PARK ROAD ACCOUNT PROGRAM GRANT OF UP TO $1,200,000 FOR RECONSTRUCTION OF THE BRIGHTON BEACH ROAD IN KITCHI GAMMI PARK. This Resolution was adopted unanimously. 16. 20-0788R RESOLUTION AUTHORIZING THE APPLICATION OF A MINNESOTA DEPARTMENT OF AGRICULTURE GRANT OF $5,000 FOR INVASIVE SPECIES MANAGEMENT OF JAPANESE KNOTWEED. This Resolution was adopted unanimously. END OF CONSENT AGENDA The following entitled ordinances are to be read for the second time: BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 17. 20-051-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A PERMANENT EASEMENT TO THE COUNTY OF SAINT LOUIS, MINNESOTA FOR HIGHWAY PURPOSES OVER REAL PROPERTY ON THE NORTH SHORE FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1.pdf This Ordinance was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 5

Agenda

411 West First Street City of Duluth Duluth, Minnesota 55802 Meeting Agenda - 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 26, 2020 7:00 PM Council Chamber ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 20-070 Meeting Minutes of the Duluth City Council Attachments: Duluth City Council - October 12, 2020 REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS City of Duluth Page 1 Printed on 10/20/2020 City Council Meeting Agenda - Final October 26, 2020 2. 20-065 Human Rights Commission Meeting Minutes Attachments: HRC- 02/2020 HRC - 03/2020 HRC - 06/2020 HRC - 07/2020 HRC - 08/2020 HRC - 09/2020 3. 20-066 Duluth Public Arts Commission Meeting Minutes Attachments: DPAC - 8/17/2020 4. 20-067 Alcohol, Gambling & Tobacco Commission Meeting Minutes Attachments: AGT - 8/5/2020 5. 20-068 Library Board Meeting Minutes Attachments: Library Board Minutes 2020.08 6. 20-069 Parks and Recreation Commission Meeting Minutes Attachments: Parks & Rec - 09/09/2020 REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA BY COUNCILOR MEDVED (FINANCE) 7. 20-0784R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT A 2020 CARES ACT GRANT FROM ST. LOUIS COUNTY IN THE AMOUNT OF $45,027 FOR 2020 ELECTION COST REIMBURSEMENT AS ALLOCATED BY THE STATE OF MINNESOTA AND FURTHER AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH ST. LOUIS COUNTY. Attachments: Exhibit A BY COUNCILOR RANDORF (PURCHASING & LICENSING) City of Duluth Page 2 Printed on 10/20/2020 City Council Meeting Agenda - Final October 26, 2020 8. 20-0772R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE AND BINGO PERMIT AND WAIVING THE 60 DAY WAITING PERIOD FOR THE IRVING COMMUNITY ASSOCIATION. Attachments: 2020-09-24, Irving Community Assoc. 9. 20-0785R RESOLUTION APPROVING THE ISSUANCE OF A 2021 MINNESOTA CURRENCY EXCHANGE LICENSE TO THE TITLE LOAN COMPANY, INC. Attachments: 2020-10-07, Currency Exchange Renewal BY COUNCILOR KENNEDY (PERSONNEL) 10. 20-0787R RESOLUTION CONFIRMING THE APPOINTMENT OF ALEXANDRA STRELOW TO THE LIBRARY BOARD. BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 11. 20-0770R RESOLUTION ESTABLISHING COSTCO DRIVE AS THE NAME FOR THE PRIVATE DRIVEWAY LOCATED EAST OF HAINES ROAD. Attachments: 20-0770R Map 12. 20-0771R RESOLUTION AUTHORIZING AN AGREEMENT ACCEPTING A PERMANENT STREET AND UTILITY EASEMENT ADJACENT TO BURNING TREE ROAD FROM BIRCHWOOD APARTMENTS OF DULUTH DEVELOPER, LLC. Attachments: 20-0771R Attachment 1 13. 20-0782R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT L30293 WITH NORTHERN HORIZONS SOLWAY, INC., FOR A STEAM CONVERTER SYSTEM, INCREASING THE CONTRACT AMOUNT BY $570,999.84 FOR A NEW TOTAL OF $2,791,425.84 14. 20-0789R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT L30398 WITH PARSONS ELECTRIC, LLC, FOR CONSTRUCTION OF THE DULUTH ENERGY SYSTEMS STEAM TO HOT WATER CONVERSION SYSTEM BALANCE OF PLANT ELECTRICAL UPGRADES, INCREASING THE CONTRACT AMOUNT BY $143,438.01 FOR A NEW TOTAL OF $716,404.01. BY COUNCILOR FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 15. 20-0786R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A STATE PARK ROAD ACCOUNT PROGRAM GRANT OF UP TO $1,200,000 FOR RECONSTRUCTION OF THE BRIGHTON BEACH ROAD IN KITCHI GAMMI PARK. City of Duluth Page 3 Printed on 10/20/2020 City Council Meeting Agenda - Final October 26, 2020 16. 20-0788R RESOLUTION AUTHORIZING THE APPLICATION OF A MINNESOTA DEPARTMENT OF AGRICULTURE GRANT OF $5,000 FOR INVASIVE SPECIES MANAGEMENT OF JAPANESE KNOTWEED. END OF CONSENT AGENDA The following entitled ordinances are to be read for the second time: BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 17. 20-051-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A PERMANENT EASEMENT TO THE COUNTY OF SAINT LOUIS, MINNESOTA FOR HIGHWAY PURPOSES OVER REAL PROPERTY ON THE NORTH SHORE FOR NOMINAL CONSIDERATION. Attachments: Exhibit 1.pdf COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 4 Printed on 10/20/2020

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