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, February 22, 2021 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the February 18, 2021 Agenda Session and February 22, 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. 21-010 Meeting Minutes of the Duluth City Council Indexes: Attachments: February 8, 2021 - City Council Meeting City of Duluth Page 1 City Council Minutes - Final February 22, 2021 These Minutes were approved. PUBLIC HEARING - Duluth Transit Authority Rate Changes - 21-0069R This Public Hearing was held. PUBLIC HEARING - Proposed Amendment to Duluth City Charter, Ordinance No. 20-001-O Ten citizens spoke in opposition of Ordinance 20-001-O: Daniel Morrison, Veronica Surges, Jamey Sharp, Zayla Asquith-Heinz, Angel Dobrow, Andrea Gelb, Pentti Hanlon, Kristine Osbakken, Claire Bransky and Robert Kosuth This Public Hearing was held. PUBLIC HEARING - Proposed Amendment to Duluth City Charter, Ordinance No. 20-002-O This Public Hearing was held. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 2. 21-011 Duluth Seaway Port Authority Meeting Minutes Indexes: Attachments: October 2020 - Seaway Port Authority November 2020 - Seaway Port Authority December 2020 - Seaway Port Authority This Board or Commission Report was received. 3. 21-012 Alcohol, Gambling & Tobacco Commission Meeting Minutes Indexes: Attachments: November 2020 - AGT This Board or Commission Report was adopted. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD City of Duluth Page 2 City Council Minutes - Final February 22, 2021 CONSENT AGENDA BY COUNCILOR RANDORF (PURCHASING & LICENSING) 4. 21-0096R RESOLUTION APPROVING THE TRANSFER OF THE ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE FROM MITCH’S INC. (MITCH’S BAR & GRILL) TO BOBBY ALLEN KUNZE (SPOON’S BAR & GRILL), 2113 WEST SUPERIOR STREET Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 5. 21-0098R RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO DULUTH SOFTBALL PLAYER’S ASSOCIATION Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 6. 21-0099R RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO IRVING COMMUNITY ASSOCIATION Indexes: Attachments: Attachment A This Resolution was adopted unanimously. BY COUNCILOR KENNEDY (PERSONNEL) 7. 21-0100R RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 101 FOR THE YEAR 2021. Indexes: Attachments: Exhibit A. 20210108 Final Redline IAFF Local 101 2021 CBA This Resolution was adopted unanimously. 8. 21-0105R RESOLUTION CONFIRMING THE APPOINTMENT OF PATRICIA STOLEE AND GARY ECKENBERG TO THE DULUTH INTERNATIONAL AIRPORT JOINT ZONING BOARD. City of Duluth Page 3 City Council Minutes - Final February 22, 2021 This Resolution was adopted unanimously. 9. 21-0112R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF CONSTRUCTION SERVICES INFORMATION & COMMUNICATIONS SPECIALIST TO INFORMATION & COMMUNICATIONS SPECIALIST. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 10. 21-0113R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF SOLID WASTE COMPLIANCE OFFICER, INCLUDING A TITLE CHANGE TO PROPERTY & SOLID WASTE COMPLIANCE OFFICER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 11. 21-0114R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF FLEET SERVICES INVENTORY TECHNICIAN I, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 12. 21-0115R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF FLEET SERVICES INVENTORY TECHNICIAN II, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 13. 21-0116R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF FLEET SERVICES LEADWORKER. City of Duluth Page 4 City Council Minutes - Final February 22, 2021 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 14. 21-0117R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF ASSET & SUPPLY SPECIALIST, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 15. 21-0118R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF OPIOID PROGRAM SPECIALIST, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 16. 21-0104R RESOLUTION VACATING A PORTION OF SWENSON AVENUE IN THE PLAT OF IRONTON FOURTH DIVISION, RETAINING A UTILITY AND PEDESTRIAN EASEMENT OVER A PORTION OF THE VACATED AREA. Indexes: Attachments: Attachment 1 - Exhibit A Attachment 2 This Resolution was adopted unanimously. BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 17. 21-0090R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) ROUTES OF REGIONAL SIGNIFICANCE PROGRAM FOR 21ST AVENUE EAST FROM LONDON ROAD TO WOODLAND AVENUE IN THE AMOUNT OF $1,250,000, AND ACCEPTANCE THEREOF AND COMMITTING UP TO $1,405,800 AS LOCAL SHARE IF NEEDED. Indexes: City of Duluth Page 5 City Council Minutes - Final February 22, 2021 Attachments: 20-0090R Map This Resolution was adopted unanimously. 18. 21-0095R RESOLUTION AUTHORIZING THE APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY FOR A LOAN FROM THE DRINKING WATER REVOLVING FUND FOR IMPROVEMENTS TO THE MIDDLE BOOSTER STATION AS DESCRIBED IN THE LOAN APPLICATION. Indexes: Attachments: 21-0095R Application 21-0095R Map This Resolution was adopted unanimously. 19. 21-0097R RESOLUTION AUTHORIZING COOPERATIVE CONSTRUCTION AGREEMENT NO. 1045951 WITH MNDOT FOR THE STATE’S SHARE OF THE CROSS CITY TRAIL DETOUR. Indexes: Attachments: 21-0097 Map 21-0097R Exhibit A This Resolution was adopted unanimously. 20. 21-0102R RESOLUTION CONCURRING WITH COUNTY AWARD OF THE SWAN LAKE ROAD RECONSTRUCTION PROJECT. Indexes: Attachments: 21-0102R Map This Resolution was adopted unanimously. 21. 21-0108R RESOLUTION REVISING THE LIST OF HIGH PRIORITY BRIDGES IN THE CITY OF DULUTH. This Resolution was adopted unanimously. 22. 21-0110R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT L30393 WITH CORVAL CONSTRUCTORS, INC., FOR CONSTRUCTION OF THE DULUTH ENERGY SYSTEMS HOT WATER CONVERSION SYSTEM BALANCE OF PLANT INFRASTRUCTURE, INCREASING THE CONTRACT AMOUNT BY $1,062,741.50 FOR A NEW TOTAL OF $4,367,781.50. This Resolution was adopted unanimously. City of Duluth Page 6 City Council Minutes - Final February 22, 2021 BY COUNCILOR ANDERSON (PUBLIC SAFETY) 23. 21-0069R RESOLUTION APPROVING VARIOUS DULUTH TRANSIT AUTHORITY RATE CHANGES EFFECTIVE MARCH 7, 2021 This Resolution was adopted unanimously. 24. 21-0101R RESOLUTION AUTHORIZING THE PURCHASE OF 88 PORTABLE RADIOS FROM MOTOROLA SOLUTIONS IN THE AMOUNT OF $406,393. This Resolution was adopted unanimously. BY VICE PRESIDENT FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 25. 21-0066R RESOLUTION AUTHORIZING REOPENING OF CLOSED PORTION OF LINCOLN PARK DRIVE TO VEHICULAR TRAFFIC AS PART OF PARK RESTORATION EFFORTS. Indexes: Attachments: Exhibit 1 - Lincoln Park Drive This Resolution was adopted unanimously. 26. 21-0093R RESOLUTION AUTHORIZING APPLICATION OF A GRANT UP TO $5,000 WITH THE ORDEAN FOUNDATION SUPPORTING THE IMPLEMENTATION OF THE KEEP DULUTH CLEAN INITIATIVE. This Resolution was adopted unanimously. 27. 21-0103R RESOLUTION AUTHORIZING AN AGREEMENT WITH AMI CONSULTING ENGINEERS FOR LAKEWALK AND SHORELINE REHABILITATION PHASE IV ENGINEERING SERVICES FOR AN AMOUNT NOT TO EXCEED $428,402.95. This Resolution was adopted unanimously. END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) City of Duluth Page 7 City Council Minutes - Final February 22, 2021 28. 21-0111R RESOLUTION ORDERING IN THE CONSTRUCTION OF RIVERWEST DRIVE (FORMERLY KNOWN AS KAYAK BAY ROAD) INCLUDING UTILITIES AND SIGNAL SYSTEM AT GRAND AVENUE, BEGINNING AT GRAND AVENUE AND EXTENDING SOUTHERLY APPROXIMATELY 1,000 FEET AT AN ESTIMATED COST OF $2,957,000 AND THE LOWERING OF AN ADJACENT GAS MAIN AT A COST OF $182,565.09. Indexes: Attachments: 21-0111R Map 21-0111R Memo to Council 21-0111 Public Hearing Minutes This Resolution was withdrawn and returned to Administration ORDINANCES TABLED BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 29. 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. A motion was made to remove this Ordinance from the table: The motion passed unanimously. This Ordinance was adopted unanimously. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 30. 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. A motion was made to remove this Ordinance from the table: The motion passed unanimously. This Ordinance was adopted unanimously. The following entitled ordinances are to be read for the second time: City of Duluth Page 8 City Council Minutes - Final February 22, 2021 BY COUNCILOR ANDERSON (PUBLIC SAFETY) 31. 21-003-O AN ORDINANCE AMENDING SECTION 29A-32.1 TO INCLUDE ITEM C TO AMEND THE CONVERSION FEE REQUIREMENTS FOR BUILDINGS THAT ARE CONDEMNED FOR HUMAN HABITATION This Ordinance was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS ATTEST: CHELSEA J. HELMER, City Clerk Passed: February 22, 2021 Approved: February 22, 2021 EMILY LARSON, Mayor City of Duluth Page 9