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 25, 2021 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the January 21, 2021 Agenda Session and January 25, 2021 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 Gary Anderson, Councilor Zack Filipovich, Councilor Janet Kennedy, Councilor Derek Medved, Councilor Roz Randorf, Councilor Joel Sipress, Councilor Terese Tomanek, Vice President Arik Forsman and President Renee Van Nett PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 21-002 Meeting Minutes of the Duluth City Council Indexes: Attachments: January 11, 2021 - City Council Meeting City of Duluth Page 1 City Council Minutes - Final January 25, 2021 These Minutes were approved. PUBLIC HEARING - RESOLUTION CONFIRMING ASSESSMENT ROLL FOR SIDEWALK REPAIRS AT EIGHT CITY LOCATIONS. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS 2. 21-003 MN Department of Health, Quarterly Report Indexes: Attachments: Duluth Results Duluth Summary This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS 3. 21-004 Parks and Recreation Commission Meeting Minutes Indexes: Attachments: December 2020 - Parks and Rec. This Board or Commission Report was received. 4. 21-005 Charter Commission Meeting Minutes Indexes: Attachments: October 2020 - Charter Commission This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD Kaytee Ross, Lisa Kappenman, David Ross and Chana Stocke spoke in regard to their opposition to the interim use permit for a vacation rental. Ben Klismith spoke in favor of the interim use permit. Cyndi Brown spoke in regard to support in declaring a climate emergency. CONSENT AGENDA City of Duluth Page 2 City Council Minutes - Final January 25, 2021 BY COUNCILOR MEDVED (FINANCE) 5. 21-0003R RESOLUTION CONFIRMING ASSESSMENT ROLL FOR SIDEWALK REPAIRS AT EIGHT CITY LOCATIONS IN 2020. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously BY COUNCILOR RANDORF (PURCHASING & LICENSING) 6. 21-0030R RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE TO THE LESTER RIVER BREWING COMPANY, LLC (LAKE SUPERIOR BREWING COMPANY), 5324 EAST SUPERIOR STREET Indexes: Attachments: Attachment A This Resolution was adopted unanimously BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 7. 21-0024R RESOLUTION AUTHORIZING THE BUILDING OFFICIAL TO ABATE NUISANCES BY REMOVAL OF A STRUCTURALLY UNSOUND BUILDING IN THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $30,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously 8. 21-0027R RESOLUTION AUTHORIZING AN AMENDMENT TO A GRANT AGREEMENT WITH THE CENTER FOR WORKFORCE INCLUSION, INC., TO ACCEPT AN ADDITIONAL $109,212 IN GRANT FUNDING AND TO EXTEND THE TIME OF PERFORMANCE TO JUNE 30, 2021. Indexes: Attachments: MN116 - Amendment for the PY2020 Sponsor Agreement July-June This Resolution was adopted unanimously 9. 21-0032R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE DULUTH SUPERIOR AREA COMMUNITY FOUNDATION IN THE AMOUNT OF $20,000 FOR THE DULUTH DIGITAL INCLUSION INITIATIVE. City of Duluth Page 3 City Council Minutes - Final January 25, 2021 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously 10. 21-0033R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE DULUTH SUPERIOR AREA COMMUNITY FOUNDATION IN THE AMOUNT OF $10,000 FOR THE EQUITY THROUGH TRAUMA INFORMED CARE PROGRAM. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously 11. 21-0042R RESOLUTION REPLACING RESOLUTION NO. 19-0722 AND VACATING A DRAINAGE EASEMENT LOCATED WITHIN OUTLOT G OF THE PLAT OF COFFEE CREEK. Indexes: Attachments: Exhibit A-Coffee Creek Resolution.pdf Exhibit B-Coffee Creek Resolution.pdf This Resolution was adopted unanimously 12. 21-0043R RESOLUTION AUTHORIZING A DECREASE OF $337 TO THE FY 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. This Resolution was adopted unanimously 13. 21-0044R RESOLUTION AUTHORIZING A DECREASE OF $105 TO THE FY 2020 COMMUNITY HOME INVESTMENT PARTNERSHIP PROGRAM. This Resolution was adopted unanimously BY PRESIDENT VAN NETT (COMMITTEE OF THE WHOLE) 14. 21-0045R RESOLUTION DESIGNATING POLLING PLACES FOR THE AUGUST 10, 2021 MUNICIPAL AND SCHOOL BOARD PRIMARY ELECTION AND THE NOVEMBER 2, 2021 MUNICIPAL AND SCHOOL BOARD GENERAL ELECTION This Resolution was adopted unanimously City of Duluth Page 4 City Council Minutes - Final January 25, 2021 BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 15. 21-0026R RESOLUTION AUTHORIZING THE RENEWAL OF CONTRACT L30048 WITH BUSINESS COMMUNICATION SOLUTIONS FOR MAILING SERVICES AND POSTAGE FOR YEAR 2021 IN THE AMOUNT OF $183,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously 16. 21-0031R RESOLUTION OF INTENT FOR CONSTRUCTION OF A SANITARY SEWER EXTENSION TO SERVE LOTS 9, 10, 11, 12, 13, 14, 15, 16 AND 17, BLOCK 1, AND LOTS 1, 2, 3, 4 AND 5, BLOCK 2, ALL IN WESTERN WOODS DIVISION, AND TO ASSESS THE COSTS THEREOF. Indexes: Attachments: 21-0031R Map 21-0031R Petition This Resolution was adopted unanimously 17. 21-0039R RESOLUTION OF INTENT FOR CONSTRUCTION OF A STORM SEWER EXTENSION TO SERVE LOTS 2010 THRU 2017, BLOCK 143, ALL IN CROSLEY PARK ADDITION TO DULUTH, AND TO ASSESS A PORTION OF THE COSTS THEREOF. Indexes: Attachments: 21-0039R Map 21-0039R Petition This Resolution was adopted unanimously BY COUNCILOR ANDERSON (PUBLIC SAFETY) 18. 21-0015R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A DONATION FROM HOME DEPOT IN THE AMOUNT OF $2,500 FOR THE FIRE DEPARTMENT. This Resolution was adopted unanimously 19. 21-0029R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A DONATION FROM HOME DEPOT FOR THE DULUTH POLICE DEPARTMENT IN THE AMOUNT OF $2,500. City of Duluth Page 5 City Council Minutes - Final January 25, 2021 This Resolution was adopted unanimously 20. 21-0037R RESOLUTION DESIGNATING GARY ANDERSON AS THE NORTHEAST MINNESOTA EMERGENCY COMMUNICATION BOARD (ECB) REPRESENTATIVE WITH SHAWN KRIZAJ, FIRE CHIEF AS ALTERNATE REPRESENTATIVE AND APPOINTING DAVE DROZDOWSKI, POLICE SERGEANT, AS THE REPRESENTATIVE TO THE REGIONAL ADVISORY COMMITTEE. This Resolution was adopted unanimously BY VICE PRESIDENT FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 21. 21-0041R RESOLUTION AUTHORIZING ACCEPTANCE OF A $2,000 GRANT FROM THE LLOYD K. JOHNSON FOUNDATION SUPPORTING THE IMPLEMENTATION OF THE KEEP DULUTH CLEAN INITIATIVE Indexes: Attachments: Exhibit A This Resolution was adopted unanimously 22. 21-0049R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30381 WITH RW FERN ASSOCIATES,INC. FOR ADDITIONAL MECHANICAL AND ELECTRICAL ENGINEERING SERVICES FOR REMAINING PHASES OF THE CITY HALL RENOVATION FOR AN INCREASE OF $25,500 AND A NEW TOTAL AMOUNT NOT TO EXCEED $162,800. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously 23. 21-0051R RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH CR-BUILDING PERFORMANCE SPECIALIST INC. FOR FACILITY ASSET MANAGEMENT AND CAPITAL PLANNING FOR AN ANNUAL ESTIMATED AMOUNT OF $75,000 AND TOTAL NOT TO EXCEED $225,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously City of Duluth Page 6 City Council Minutes - Final January 25, 2021 END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR KENNEDY (PERSONNEL) 24. 21-0040R RESOLUTION CONFIRMING THE APPOINTMENT OF ELLIE JUST TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. This Resolution was adopted unanimously BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 25. 21-0028R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 621 WEST 5TH STREET (BENJAMIN KLISMITH). Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 This Resolution was adopted unanimously 26. 21-0034R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 7 NORTH 19TH AVENUE WEST, UNIT 1, LOCATED IN THE F-5 MID-RISE COMMUNITY SHOPPING AND OFFICE FORM DISTRICT (NEWCASTLE 8, LLC). Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously 27. 21-0035R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 7 NORTH 19TH AVENUE WEST, UNIT 2, LOCATED IN THE F-5 MID-RISE COMMUNITY SHOPPING AND OFFICE FORM DISTRICT (NEWCASTLE 8, LLC). Indexes: City of Duluth Page 7 City Council Minutes - Final January 25, 2021 Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously 28. 21-0036R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 7 NORTH 19TH AVENUE WEST, UNIT 3, LOCATED IN THE F-5 MID-RISE COMMUNITY SHOPPING AND OFFICE FORM DISTRICT (NEWCASTLE 8, LLC). Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously 29. 21-0038R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 7 NORTH 19TH AVENUE WEST, UNIT 4, LOCATED IN THE F-5 MID-RISE COMMUNITY SHOPPING AND OFFICE FORM DISTRICT (NEWCASTLE 8, LLC). Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously The following entitled ordinances are to be read for the first time: BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 30. 21-002-O AN ORDINANCE AMENDING SECTION 100 OF THE DULUTH CITY CHARTER, 1912, AS AMENDED TO AUTHORIZE VACATION OF PUBLIC WAYS ON MOTION OF THE CITY COUNCIL. This Ordinance was read for the first time. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 31. 21-001-O ORDINANCE AMENDING CHAPTER V, SECTION 36, OF THE CITY OF DULUTH HOME RULE CHARTER, 1912, AS AMENDED, INCREASING THE NUMBER OF DEPUTY CHIEFS OF POLICE FROM TWO TO THREE. City of Duluth Page 8 City Council Minutes - Final January 25, 2021 This Ordinance was read for the first time. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS ATTEST: CHELSEA J. HELMER, City Clerk Passed: January 25, 2021 Approved: January 25, 2021 EMILY LARSON, Mayor City of Duluth Page 9