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, March 22, 2021 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the March 18, 2021 Agenda Session and March 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. 21-020 Meeting Minutes of the Duluth City Council Indexes: Attachments: March 8, 2021 - City Council Meeting These Minutes were approved. City of Duluth Page 1 City Council Minutes - Final March 22, 2021 REPORTS FROM THE ADMINISTRATION 2. 21-021 2020 General Fund Reconciliation Budget Report Indexes: Attachments: 2020 - BA General Fund Reconciled Budget Memo 2020 Budget Adjustments -Final This Reports from the Administration was received. REPORTS FROM OTHER OFFICERS 3. 21-019 State of MN: Office of the State Auditor Spirit Mountain Recreation Area Authority: Management and Compliance Report Indexes: Attachments: Spirit Mountain Recreation Area Authority Audit This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS 4. 21-017 Alcohol, Gambling & Tobacco Commission Meeting Minutes Indexes: Attachments: February 2020 - AGT This Board or Commission Report was received. 5. 21-018 Parks and Recreation Commission Meeting Minutes Indexes: Attachments: January 2020 - Parks and Rec Minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD Dave Antonson spoke in regard to the support of cycling trails. Dennis Johnson spoke in regard to the new Duluth Nonbinary, Queer, Trans, Two Spirit, Lesbian, Gay, Bisexual, Intersex & Asexual Commission. City of Duluth Page 2 City Council Minutes - Final March 22, 2021 CONSENT AGENDA BY COUNCILOR MEDVED (FINANCE) 6. 21-0175R RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, AMENDING RESOLUTION 20-0866R ADOPTED DECEMBER 14, 2020, MODIFYING THE CAPITAL EQUIPMENT LIST ASSOCIATED WITH THE PROPOSED CAPITAL EQUIPMENT NOTES. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 7. 21-0196R RESOLUTION APPROVING AN AMENDED FORM OF PROJECT LABOR AGREEMENT. Indexes: Attachments: Exhibit A 20210315 Proposed Project Labor Agreement- redline (002) This Resolution was adopted unanimously. 8. 21-0197R RESOLUTION AUTHORIZING APPLICATION FOR A GRANT OF UP TO $2,000 FROM THE MINNESOTA POLLUTION CONTROL AGENCY FOR AN ALTERNATIVE LANDSCAPE EQUIPMENT PILOT PROGRAM This Resolution was adopted unanimously. BY COUNCILOR RANDORF (PURCHASING & LICENSING) 9. 21-0164R RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO IRVING COMMUNITY ASSOCIATION Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 10. 21-0165R RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE TO THE SOUTH PIER INN, LLC (SOUTH PIER INN), 701 SOUTH LAKE AVENUE Indexes: Attachments: Attachment A City of Duluth Page 3 City Council Minutes - Final March 22, 2021 This Resolution was adopted unanimously. 11. 21-0166R RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE TO THE LAKE EFFECT RESTAURANT, INC. (LAKEWALK GALLEY) Indexes: Attachments: Attachment A This Resolution was adopted unanimously. BY COUNCILOR KENNEDY (PERSONNEL) 12. 21-0152R RESOLUTION CONFIRMING THE APPOINTMENT OF MEMBERS TO THE DULUTH NONBINARY, QUEER, TRANS, TWO SPIRIT, LESBIAN, GAY, BISEXUAL, INTERSEX & ASEXUAL (NQT2SLGBIA) COMMISSION (REPLACEMENT). This Resolution was adopted unanimously. 13. 21-0187R RESOLUTION CONFIRMING THE APPOINTMENT OF MEMBERS TO CITY OF DULUTH BOARDS AND COMMISSIONS. Indexes: Attachments: Attachment A - 2021 City of Duluth Boards and Commissions This Resolution was adopted unanimously. BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 14. 21-0174R RESOLUTION VACATING A PORTION OF A RETAINED UTILITY EASEMENT OVER VACATED WEST MICHIGAN STREET. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. 15. 21-0182R RESOLUTION AUTHORIZING CITY OFFICIALS TO RENEW AN 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. City of Duluth Page 4 City Council Minutes - Final March 22, 2021 Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 16. 21-0185R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL PROPERTY IN THE LAKESIDE NEIGHBORHOOD. Indexes: Attachments: Exhibit A-Resolution of Intent to Sell.pdf 2021 Pitt St Conformity to DEDA_Exhibit B Revised.pdf This Resolution was adopted unanimously. 17. 21-0186R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL PROPERTY IN THE DULUTH HEIGHTS NEIGHBORHOOD. Indexes: Attachments: Exhibit A-Resolution of Intent to Sell.pdf Conformity letter - Central Entrance and Arlington_Exhibit B.pdf This Resolution was adopted unanimously. 18. 21-0188R RESOLUTION VACATING A UTILITY EASEMENT LOCATED IN BLOCK 3 OF THE PLAT OF MORGAN PARK OF DULUTH AND ACCEPTING A REPLACEMENT UTILITY EASEMENT. Indexes: Attachments: Exhibit 1-Resolution.pdf Exhibit 2-Resolution.pdf This Resolution was adopted unanimously. 19. 21-0190R RESOLUTION AMENDING THE 2019 ANNUAL ACTION PLAN TO INCLUDE $1,752,840 OF NEW CDBG-CV AND ESG-CV FUNDS APPROVED IN 2020 US CARES ACT AND PROVIDED BY US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO UTILIZE FOR COVID-19 IMPACTS. This Resolution was adopted unanimously. 20. 21-0191R RESOLUTION AUTHORIZING A REQUEST FOR THE US DEPARTMENT OF HOUSING AND URBAN AND DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-CV-3) AUTHORIZED BY THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT City of Duluth Page 5 City Council Minutes - Final March 22, 2021 (CARES ACT), AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. This Resolution was adopted unanimously. BY PRESIDENT VAN NETT (COMMITTEE OF THE WHOLE) 21. 21-0183R RESOLUTION APPROVING AGREEMENT WITH FRYBERGER, BUCHANAN, SMITH AND FREDERICK, P.A., FOR LEGISLATIVE SERVICES NOT TO EXCEED $64,500. Indexes: Attachments: Exhibit A 2021 This Resolution was adopted unanimously. BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 22. 21-0161R RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR THE LAKEWOOD ROAD RECLAMATION PROJECT IN THE CITY OF DULUTH. Indexes: Attachments: 21-0161 Exhibit A 21-0161R Map This Resolution was adopted unanimously. 23. 21-0162R RESOLUTION AWARDING A CONTRACT TO HANCO UTILITIES, INC. FOR CONSTRUCTION OF THE 2021 GAS BLANKET PROJECT FOR MAINS AND SERVICES AT VARIOUS LOCATIONS IN THE AMOUNT OF $1,445,095. This Resolution was adopted unanimously. 24. 21-0168R RESOLUTION AMENDING MNDOT AGREEMENT NO. 1034938 FOR GAS MAIN RELOCATIONS ALONG LOWER MICHIGAN STREET IN THE CITY OF DULUTH, TO INCREASE THE AMOUNT BY $119,627.58 FOR A NEW TOTAL OF $1,230,384.58. Indexes: Attachments: 21-0168R Map 21-0168R Draft This Resolution was adopted unanimously. City of Duluth Page 6 City Council Minutes - Final March 22, 2021 25. 21-0194R RESOLUTION ORDERING THE CONSTRUCTION OF A SANITARY SEWER EXTENSION ALONG THE EXISTING UTILITY EASEMENT BETWEEN DENIM DRIVE AND LOT 4, BLOCK 2 OF THE WESTERN WOODS DIVISION, AS WELL AS WITHIN WESTERN WOODS DIVISION AND TO ASSESS THE COSTS THEREOF. Indexes: Attachments: 21-0194R Map 21-0194R Memo to Council March 9 Public Hearing Minutes This Resolution was adopted unanimously. 26. 21-0195R RESOLUTION ORDERING THE CONSTRUCTION OF A STORM SEWER EXTENSION FROM THE EXISTING CATCH BASIN APPROXIMATELY 250 FEET TO THE END OF WOODLAWN STREET AND TO ASSESS A PORTION OF THE COSTS THEREOF. Indexes: Attachments: 21-0195R Map 21-0195R Memo to Council March 9 Public Hearing Minutes This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 27. 21-0163R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A $100,000 GRANT AWARD FROM THE OFFICE OF NATIONAL DRUG CONTROL POLICY, HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDTA) PROGRAM, TO BE USED FOR EXPENSES INCURRED DURING PARTICIPATION IN THE LAKE SUPERIOR DRUG CORRIDOR INITIATIVE. Indexes: Attachments: Document A This Resolution was adopted unanimously. 28. 21-0169R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 709 TO PROVIDE FOR LAW ENFORCEMENT OFFICERS IN THE PUBLIC SCHOOLS. Indexes: Attachments: Document A Exhibit A City of Duluth Page 7 City Council Minutes - Final March 22, 2021 This Resolution was adopted unanimously. 29. 21-0170R 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. Indexes: Attachments: 21-0170R Exhibit A This Resolution was adopted unanimously. 30. 21-0171R RESOLUTION APPROVING AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH (HRA) FOR THE SERVICES AND FUNDING OF A PUBLICLY OWNED AND MANAGED HOUSING COMMUNITY BASED POLICE OFFICER FOR FIVE YEARS AND ACCEPTING A TOTAL OF $477,821 TO FUND SAID POSITION. Indexes: Attachments: Document A 2021-2026 HRA Officer Agreement Final.pdf Exhibit A.pdf This Resolution was adopted unanimously. BY VICE PRESIDENT FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 31. 21-0139R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30423 WITH TRAIL LOGIC LLC FOR ADDITIONAL TRAIL CONSTRUCTION IN THE DWP TRAIL CORRIDOR FOR AN INCREASE OF $41,206.50 AND A NEW TOTAL AMOUNT NOT TO EXCEED $189,206.50. This Resolution was adopted unanimously. 32. 21-0167R RESOLUTION AUTHORIZING AN AGREEMENT WITH PYROTECHNIC DISPLAY INC. FOR THE CREATION AND EXECUTION OF A FIREWORKS DISPLAY FOR JULY 4, 2021 FOR A TOTAL NOT TO EXCEED $50,000. Indexes: Attachments: Duluth 2021 Fireworks Agreement.pdf This Resolution was adopted unanimously. City of Duluth Page 8 City Council Minutes - Final March 22, 2021 33. 21-0172R RESOLUTION AUTHORIZING AN AGREEMENT WITH AMI CONSULTING ENGINEERS FOR DULUTH SEAWALL, BAYWALK, AND HARBOR DRIVE COASTAL ENGINEERING PREDESIGN SERVICES FOR AN AMOUNT NOT TO EXCEED $44,270.25. This Resolution was adopted unanimously. 34. 21-0173R RESOLUTION AUTHORIZING AN AGREEMENT WITH CONFLUENCE, INC. FOR DULUTH BAYWALK LANDSCAPE ARCHITECTURAL PREDESIGN SERVICES FOR AN AMOUNT NOT TO EXCEED $81,990. This Resolution was adopted unanimously. 35. 21-0180R RESOLUTION AUTHORIZING APPROVAL AND IMPLEMENTATION OF THE WAABIZHESHIKANA: THE MARTEN TRAIL INTERPRETIVE TRAIL MASTER PLAN Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 36. 21-0181R RESOLUTION AUTHORIZING APPLICATION TO THE LEGISLATIVE CITIZENS COMMISSION ON MINNESOTA RESOURCES (LCCMR) FOR FUNDS FROM THE ENVIRONMENTAL AND NATURAL RESOURCES TRUST FUND IN THE AMOUNT OF $2,000,000 TO INTEGRATE THREE ST LOUIS RIVER CORRIDOR MASTER PLANS AND BEGIN COMPREHENSIVE DEVELOPMENT FOR RECREATION, OUTREACH, TOURISM, AND ENVIRONMENTAL PRESERVATION This Resolution was adopted unanimously. 37. 21-0184R RESOLUTION AUTHORIZING CITY OFFICIALS TO SIGN A LETTER OF COMMITMENT AND A HOST SITE AGREEMENT WITH LITERACY MINNESOTA AND THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE PLACEMENT OF A LITERACY LEADERSHIP AMERICORPS VISTA MEMBER TO SERVE AT THE DULUTH PUBLIC LIBRARY FOR THE 2021-2022 PROGRAM YEAR AT A COST OF $5,600. Indexes: Attachments: Exhibit A - Literacy Leadership Board Letter 2021-22 (002) Exhibit B - Literacy Leadership Site Agreement 2021-22 (004) city signature page City of Duluth Page 9 City Council Minutes - Final March 22, 2021 This Resolution was adopted unanimously. 38. 21-0189R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR ACCESS AND USE OF CITY PROPERTY IN CONNECTION WITH THE ERIE PIER PONDS REMEDIAL CLEAN-UP PROJECT Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. 39. 21-0193R RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH CYCLISTS OF THE GITCHEE GUMEE SHORES FOR THE PRESERVATION, MAINTENANCE, AND ENHANCEMENT OF THE TRAVERSE TRAIL AT NO COST TO THE CITY. 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 FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 40. 21-0192R RESOLUTION AUTHORIZING A REQUEST FOR THE US DEPARTMENT OF HOUSING AND URBAN AND DEVELOPMENT (HUD) EMERGENCY GRANT SOLUTIONS (ESG-CV-2) AUTHORIZED BY THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT), AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. This Resolution was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 10 City Council Minutes - Final March 22, 2021 ATTEST: CHELSEA J. HELMER, City Clerk Passed: March 22, 2021 Approved: March 23, 2021 EMILY LARSON, Mayor City of Duluth Page 11