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, December 21, 2020 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the December 17, 2020 Agenda Session and December 21, 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, President Gary Anderson and Vice President Renee Van Nett PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 20-082 Meeting Minutes of the Duluth City Council Indexes: Attachments: December 14, 2020 - City Council Meeting City of Duluth Page 1 City Council Minutes - Final December 21, 2020 These Minutes were approved. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES 2020 BUSINESS AWARD - Frost River OPPORTUNITY FOR CITIZENS TO BE HEARD Citizens who spoke in support of the LGBTQ+ Commission: Daniel Morrison, Tracie Clanaugh, Andrea Krause, Kathy Hermes, Sorrel Kapszak, Evan Adams, Sean Hayes, Liz Carlson, Jordan Decker, Bryan Bongey, Chris Davila, and Michael Elderbrook. David McDonald spoke in regard to landscaping next to the Kenwood Shopping Center Lisa Fitzpatrick spoke to congratulate Frost River for the business award presented this evening, Covid-19 and environmental issues. Libby Bent spoke in opposition of the delay in the Bag-It ordinance and the impacts that plastic have on our environment. Deborah Medlin spoke in opposition of the Park Point Marina Inn expansion and the judge's ruling. Sarah Maxim spoke in regard to Lakeside Brew Pub and the proposed ordinance for Chapter 8. CONSENT AGENDA BY COUNCILOR MEDVED (FINANCE) 2. 20-0940R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH-SUPERIOR PUBLIC ACCESS COMMUNITY TELEVISION, INC., FOR COMMUNITY ACCESS CABLECASTING, TRAINING, PRODUCTION AND ADMINISTRATION SERVICES IN 2021 IN THE NET AMOUNT OF $182,000. Indexes: Attachments: 2021 Lease and Professional Services Agreement - PACT This Resolution was adopted unanimously. BY COUNCILOR KENNEDY (PERSONNEL) 3. 20-0919R RESOLUTION CONFIRMING THE APPOINTMENT OF MATTHEW City of Duluth Page 2 City Council Minutes - Final December 21, 2020 BAUMGARTNER TO THE DULUTH ENTERTAINMENT AND CONVENTION CENTER AUTHORITY. This Resolution was adopted unanimously. BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 4. 20-0914R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR PEDESTRIAN PURPOSES FROM MORGAN PARK ESTATES LAND DEVELOPMENT, LLC OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE MORGAN PARK NEIGHBORHOOD, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. 5. 20-0915R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A DONATION FROM SETH PROUTY OF REAL PROPERTY LOCATED IN THE LINCOLN PARK NEIGHBORHOOD. Indexes: Attachments: Exhibit 1.pdf Exhibit 2-Resolution.pdf This Resolution was adopted unanimously. 6. 20-0917R RESOLUTION AUTHORIZING A FIFTEEN-YEAR LEASE AGREEMENT FOR A PORTION OF THE SECOND LEVEL IN THE MEDICAL DISTRICT PARKING RAMP WITH THE LAKEVIEW AT 333 SUPERIOR PARKING, LLC FOR $35,100 IN THE FIRST YEAR OF THE LEASE AGREEMENT. Indexes: Attachments: Exhibit A and Exhibit B This Resolution was adopted unanimously. 7. 20-0918R RESOLUTION AUTHORIZING A FIFTY-YEAR LEASE AGREEMENT FOR A PORTION OF THE GROUND LEVEL IN THE MEDICAL DISTRICT PARKING RAMP WITH THE LAKEVIEW AT 333 SUPERIOR PARKING, LLC FOR $38,400 IN THE FIRST YEAR OF THE LEASE AGREEMENT. Indexes: Attachments: Exhibit A-Ground Floor Lease.pdf Exhibit 1_Revised.pdf City of Duluth Page 3 City Council Minutes - Final December 21, 2020 This Resolution was adopted unanimously. 8. 20-0923R RESOLUTION ACCEPTING A PEDESTRIAN PASSAGEWAY EASEMENT AND AUTHORIZING A SKYWALK PEDESTRIAN PASSAGEWAY BRIDGE AGREEMENT FROM AND WITH MINNESOTA POWER, A DIVISION OF ALLETE, INC., AFFECTING PROPERTY LOCATED IN DOWNTOWN DULUTH, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1-Skywalk Resolution Exhibit 2-Skywalk Resolution This Resolution was adopted unanimously. 9. 20-0932R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AMENDMENT TO AN AGREEMENT WITH ST. LOUIS COUNTY ACCEPTING $55,154 IN ADDITIONAL FUNDS TO PROVIDE MINNESOTA FAMILY INVESTMENT PROGRAM AND DIVERSIONARY WORK PROGRAM EMPLOYMENT AND TRAINING SERVICES. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 10. 20-0906R RESOLUTION AUTHORIZING THE PURCHASE OF 7,400 TONS OF ROAD SALT FROM MORTON SALT, INC. IN THE AMOUNT OF $428,809. This Resolution was adopted unanimously. BY COUNCILOR VAN NETT (PUBLIC SAFETY) 11. 20-0892R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT AN AMENDED VIOLENT CRIMES ENFORCEMENT TEAMS GRANT (VCET) AWARD FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, OFFICE OF JUSTICE PROGRAMS, INCREASING THE 2020 VCET GRANT BY THE AMOUNT OF $400,000 FOR A TOTAL GRANT OF $800,000 AND EXTENDING THE GRANT PERIOD ONE YEAR FOR THE PURPOSE OF SUPPORTING THE OPERATIONS OF THE LAKE SUPERIOR DRUG AND VIOLENT CRIME TASK FORCE THROUGH DECEMBER 31, 2021. Indexes: City of Duluth Page 4 City Council Minutes - Final December 21, 2020 Attachments: Document A - Award Agreement Amendment This Resolution was adopted unanimously. 12. 20-0894R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A $93,750 GRANT AWARD FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO FUND A DWI POLICE OFFICER FOR NINE MONTHS AND AUTHORIZING EXECUTION OF GRANT AGREEMENT. Indexes: Attachments: Document A - Award Report This Resolution was adopted unanimously. 13. 20-0912R RESOLUTION AUTHORIZING FIRST AMENDMENT TO THE AGREEMENT WITH ST. LOUIS COUNTY TO PERFORM POLICE SERVICES PURSUANT TO FY 2018 OPERATION STONEGARDEN GRANT OPERATIONS ORDER AND ACCEPTING ADDITIONAL REIMBURSEMENT OF $5,079 FROM ST. LOUIS COUNTY FOR OVERTIME AND FRINGE BENEFITS. Indexes: Attachments: Document A - Amendment This Resolution was adopted unanimously. BY COUNCILOR FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 14. 20-0883R RESOLUTION AUTHORIZING ACCEPTANCE OF A SNOWMOBILE TRAILS ASSISTANCE PROGRAM GRANT FOR THE FY2021 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT NOT TO EXCEED $18,620.02 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 15. 20-0899R RESOLUTION AUTHORIZING AN APPLICATION TO THE UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION FOR $2,625,000 FOR THE CITY OF DULUTH COASTAL INFRASTRUCTURE REHABILITATION PROJECT AND TO PROVIDE MATCHING FUNDS UP TO $1,750,000. This Resolution was adopted unanimously. 16. 20-0907R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES City of Duluth Page 5 City Council Minutes - Final December 21, 2020 AGREEMENT WITH A THREE YEAR TERM WITH CHRISTINE PENNEY FOR GRANT WRITING, GRANT REPORTING AND RESEARCH SERVICES FOR A TOTAL CONTRACT NOT TO EXCEED $40,000 PER YEAR. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 17. 20-0910R RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT AWARD FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FROM THE FEDERAL RECREATIONAL TRAIL PROGRAM IN THE AMOUNT OF $140,625 FOR REDEVELOPMENT OF THE WEST CROSS TOWN SNOWMOBILE TRAIL. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 18. 20-0916R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO AN AGREEMENT WITH THE CHESTER BOWL IMPROVEMENT CLUB FOR THE OPERATION AND MANAGEMENT OF CHESTER BOWL PARK AND CHALET FOR $25,061 IN 2021. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR KENNEDY (PERSONNEL) 19. 20-0920R RESOLUTION CONFIRMING THE APPOINTMENT OF ALAN WILKINS TO THE DULUTH ECONOMIC AND DEVELOPMENT AUTHORITY. This Resolution was returned to Administration. BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 20. 20-0921R RESOLUTION REVERSING THE PLANNING COMMISSION’S City of Duluth Page 6 City Council Minutes - Final December 21, 2020 CONDITIONS OF APPROVAL ON A PLANNING REVIEW FOR A 15-ROOM ADDITION AT 1033 MINNESOTA AVENUE. Indexes: Attachments: Attachment A Attachment B Attachment C - Anderson Appeal Letter With Attachments Attachment D - PARK POINT Ltr to Sellers Response to 12 10 20 Fulton Email Exhibit E_10-09-18 PC Minutes (not approved yet) Exhibit F_11-13-18 PC Minutes (not approved yet) This Resolution was adopted unanimously. 21. 20-0922R RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO APPROVE A PLANNING REVIEW WITH CONDITIONS FOR A 15-ROOM ADDITION AT 1033 MINNESOTA AVENUE. Indexes: Attachments: Attachment A Attachment B Attachment C - Anderson Appeal Letter With Attachments Attachment D - PARK POINT Ltr to Sellers Response to 12 10 20 Fulton Email Exhibit E_10-09-18 PC Minutes (not approved yet) Exhibit F_11-13-18 PC Minutes (not approved yet) This Resolution was failed. BY PRESIDENT ANDERSON (COMMITTEE OF THE WHOLE) 22. 20-0905R RESOLUTION REQUESTING THAT CITY ADMINISTRATION NOT ENFORCE ORDINANCE 10662 REGARDING FIVE CENT PER PLASTIC BAG CHARGE UNTIL THE NEW EFFECTIVE DATE SET BY ORDINANCE 20-061-O WHICH IS 90 DAYS AFTER BOTH THE CITY’S COVID-19 LOCAL HEALTH EMERGENCY DECLARATION AND THE STATE OF MINNESOTA COVID-19 PEACETIME EMERGENCY END. This Resolution was adopted unanimously. 23. 20-0930R RESOLUTION ESTABLISHING CITY OF DULUTH 2021 LEGISLATIVE AGENDA. This Resolution was adopted unanimously. City of Duluth Page 7 City Council Minutes - Final December 21, 2020 BY COUNCILOR VAN NETT (PUBLIC SAFETY) 24. 20-0924R RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION IN THE AMOUNT OF $20,000 FOR THE PURPOSE OF MAINTAINING A LOCAL EMERGENCY MANAGEMENT PROGRAM. This Resolution was returned to Administration. 25. 20-0925R RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION IN THE AMOUNT OF $10,000 FOR THE PURPOSE OF SUPPORTING THE PREVENTION OF, PREPARATION FOR, AND RESPONSE TO THE ONGOING CORONAVIRUS DISEASE 2019 (COVID-19) PUBLIC HEALTH EMERGENCY. This Resolution was returned to Administration. The following entitled ordinances are to be read for the first time: BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 26. 20-066-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY ON THE UPPER SIDE OF WEST FIRST STREET BETWEEN PIEDMONT AVENUE AND NORTH 19TH AVENUE WEST FROM MIXED USE BUSINESS PARK (MU-B) TO RESIDENTIAL-URBAN (R-2). Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 27. 20-067-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY KNOWN AS THE HISTORIC OLD CENTRAL HIGH SCHOOL AT 215 NORTH FIRST AVENUE EAST FROM MIXED USE-NEIGHBORHOOD (MU-N) TO FORM DISTRICT FIVE, MID RISE COMMUNITY SHOPPING AND OFFICE (F-5). City of Duluth Page 8 City Council Minutes - Final December 21, 2020 Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 28. 20-068-O AN ORDINANCE AMENDING SECTIONS 50-20.3.E, Q, AND R, 50-23, AND 50.33.6, TO AMEND STANDARDS RELATED TO CONNECTIVITY AND CIRCULATION WITHIN COMMERCIAL DEVELOPMENTS AND PLATS AND SUBDIVISIONS. Indexes: Attachments: Attachment 1 This Ordinance was read for the first time. 29. 20-069-O AN ORDINANCE GRANTING THREE D 1 LLC AT 301 WEST FIRST STREET A CONCURRENT USE PERMIT TO ATTACH HVAC DUCT EQUIPMENT TO THE REAR BUILDING WALL OF THE BOARD OF TRADE BUILDING AND WITHIN THE PLATTED RIGHT OF WAY FOR THE WEST 2ND STREET ALLEY. Indexes: Attachments: Exhibit A_PL20-175 Staff Report Exhibit B_Survey This Ordinance was read for the first time. The following entitled ordinances are to be read for the second time: BY COUNCILOR MEDVED (FINANCE) 30. 20-062-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2021. This Ordinance was adopted unanimously. 31. 20-063-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2021. This Ordinance was adopted unanimously. 32. 20-064-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY City of Duluth Page 9 City Council Minutes - Final December 21, 2020 TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2021. Indexes: Attachments: Exhibit A This Ordinance was adopted unanimously. 33. 20-065-O AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2021 APPROPRIATING MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES (REPLACEMENT). This Ordinance was adopted unanimously. BY PRESIDENT ANDERSON (COMMITTEE OF THE WHOLE) 34. 20-059-O AN ORDINANCE AMENDING CHAPTER 8-68 OF THE DULUTH CITY CODE ALLOWING RESTAURANTS WITH ON-SALE LICENSES TO BE LOCATED WITHIN 300 FEET OF A CHURCH OR SCHOOL (REPLACEMENT). This Ordinance was adopted unanimously. 35. 20-060-O ORDINANCE AMENDING CHAPTER 2 OF THE DULUTH CITY CODE BY ADDING ARTICLE XXXVII ESTABLISHING THE DULUTH NONBINARY, QUEER, TRANS, TWO SPIRIT, LESBIAN, GAY, BISEXUAL, INTERSEX, AND ASEXUAL COMMISSION. This Ordinance was adopted unanimously. 36. 20-061-O ORDINANCE AMENDING ORDINANCE 10662 REGARDING FIVE CENT CHARGE PER PLASTIC BAG TO CHANGE THE EFFECTIVE DATE TO 90 DAYS AFTER BOTH THE CITY COVID-19 LOCAL HEALTH EMERGENCY DECLARATION PURSUANT TO DULUTH CITY CODE SECTION 17-7 AND THE STATE OF MINNESOTA COVID-19 PEACETIME EMERGENCY END. A motion was made that this Ordinance be adopted. The motion carried by the following vote: Yea: 7- Councilor Filipovich, Councilor Forsman, Councilor Kennedy, Councilor Medved, Councilor Tomanek, President Anderson and Vice President Van Nett Nay: 2- Councilor Randorf and Councilor Sipress City of Duluth Page 10 City Council Minutes - Final December 21, 2020 COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 11