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, April 12, 2021 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the April 8, 2021 Agenda Session and April 12, 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: 8- Councilor Gary Anderson, Councilor Zack Filipovich, Councilor Janet Kennedy, Councilor Roz Randorf, Councilor Joel Sipress, Councilor Terese Tomanek, Vice President Arik Forsman and President Renee Van Nett Absent: 1- Councilor Derek Medved PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 21-025 Meeting Minutes of the Duluth City Council Indexes: Attachments: March 22, 2021 - City Council Meeting City of Duluth Page 1 City Council Minutes - Final April 12, 2021 A motion was made by Councilor Tomanek to approve the Minutes. The motion was seconded by Councilor Kennedy. The Minutes were approved unanimously. Absent: Councilor Medved. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS 2. 21-026 Earned Sick and Safe Time Report Indexes: Attachments: ESST Report to City Council This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS 3. 21-022 Duluth Public Utilities Commission Resolution 21PUC-002. Indexes: Attachments: 21PUC-002 Memo to Council This Board or Commission Report was received. 4. 21-023 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: February 2021 - DPUC Minutes This Board or Commission Report was received. 5. 21-024 Library Board Meeting Minutes Indexes: Attachments: February 2021 - Library Board Minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD Lisa Fitzpatrick, Libby Bent, Linda Herron, Phil Fitzpatrick, Bill Mittlefehldt and Cyndi Brown spoke in support for the Duluth climate resolution. (21-0256R) Lee Stuart spoke in support for 21-0227R and 21-0244R. City of Duluth Page 2 City Council Minutes - Final April 12, 2021 CONSENT AGENDA A motion was made by Councilor Randorf to adopt Consent Agenda. Motion was seconded by Councilor Tomanek. The Consent Agenda passed unanimously. Absent: Councilor Medved. BY COUNCILOR MEDVED (FINANCE) 6. 21-0233R RESOLUTION AMENDING RESOLUTION N0S. 86-0142, 01-0601, 06-0498, AND 17-0099 MODIFYING THE MEMBERSHIP OF THE CITY SPECIAL BOARD OF REVIEW. This Resolution was adopted unanimously. Absent: Councilor Medved. 7. 21-0258R RESOLUTION AUTHORIZING A CONTRACT WITH HANOVER INSURANCE COMPANY FOR PROPERTY INSURANCE AT THE COST NOT TO EXCEED $291,954.16 TO BE PAID TO MARSH & MCLENNAN AGENCY LLC, AGENT FOR HANOVER INSURANCE COMPANY. This Resolution was adopted unanimously. Absent: Councilor Medved. 8. 21-0259R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY TO INSURE THE MRO BUILDING UNDER THE CITY’S PROPERTY AND BOILER INSURANCE POLICIES. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Medved. BY COUNCILOR RANDORF (PURCHASING & LICENSING) 9. 21-0217R RESOLUTION APPROVING THE ISSUANCE OF A 3.2% LIQUOR LICENSE TO THE MERRYWEATHER INN, 2316 EAST FIRST STREET Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: Councilor Medved. City of Duluth Page 3 City Council Minutes - Final April 12, 2021 10. 21-0218R RESOLUTION APPROVING RENEWAL AND ISSUANCE OF 3.2% LIQUOR LICENSES FOR THE PERIOD BEGINNING MAY 1, 2021, AND ENDING AUGUST 31, 2021. Indexes: Attachments: 2021 Beer Renewal List This Resolution was adopted unanimously. Absent: Councilor Medved. BY COUNCILOR KENNEDY (PERSONNEL) 11. 21-0219R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CLASSIFICATION OF DEPUTY CITY ATTORNEY, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Medved. 12. 21-0238R RESOLUTION CONFIRMING THE APPOINTMENT OF MARK HAKES AND LAMARQUITA LEACH TO THE DULUTH NONBINARY, QUEER, TRANS, TWO SPIRIT, LESBIAN, GAY, BISEXUAL, INTERSEX & ASEXUAL (NQT2SLGBIA) COMMISSION. This Resolution was adopted unanimously. Absent: Councilor Medved. 13. 21-0252R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF BUDGET & GRANT SUPERVISOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Medved. 14. 21-0254R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF PARKS & GROUNDS MAINTENANCE SUPERVISOR. Indexes: Attachments: Exhibit A City of Duluth Page 4 City Council Minutes - Final April 12, 2021 This Resolution was adopted unanimously. Absent: Councilor Medved. BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 15. 21-0223R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL PROPERTY IN THE GARY-NEW DULUTH NEIGHBORHOOD. Indexes: Attachments: Exhibit A-Resolution of Intent to Sell.pdf Exhibit B - Letter of Conf.pdf This Resolution was adopted unanimously. Absent: Councilor Medved. 16. 21-0224R RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT WITH VEIT COMPANIES, LLC FOR THE SALE OF PROPERTY IN THE GARY-NEW DULUTH NEIGHBORHOOD FOR $35,623. Indexes: Attachments: Exhibit 1-Resolution authorizing PA.pdf This Resolution was adopted unanimously. Absent: Councilor Medved. 17. 21-0227R RESOLUTION DECLARING A NEED FOR ST. LOUIS COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO EXERCISE POWERS WITHIN THE BOUNDARIES OF THE CITY OF DULUTH BY PROVIDING FUNDING TO CHURCHES UNITED IN MINISTRY/ST. FRANCIS APARTMENTS, LLC TO PURCHASE THE DULUTH INN MOTEL FOR SHORT-TERM HOUSING FOR INDIVIDUAL EXPERIENCING HOMELESSNESS. This Resolution was adopted unanimously. Absent: Councilor Medved. 18. 21-0244R RESOLUTION APPROVING REALLOCATION OF 2020 CARES ACT FUNDING, MODIFYING $50,000 IN FUNDING FOR THE FAMILY COACH POSITION AT THE STEVE O’NEIL APARTMENTS PROJECT BY CHUM FROM THE EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG-CV-1) TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-CV-1) PROGRAM. This Resolution was adopted unanimously. Absent: Councilor Medved. City of Duluth Page 5 City Council Minutes - Final April 12, 2021 19. 21-0245R RESOLUTION APPROVING THE REVISED 2021 ANNUAL ACTION PLAN AND AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME PROGRAM (HOME), AND EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) PROGRAM FUNDS. This Resolution was adopted unanimously. Absent: Councilor Medved. 20. 21-0246R RESOLUTION AUTHORIZING AN INCREASE OF $735 FY 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. This Resolution was adopted unanimously. Absent: Councilor Medved. 21. 21-0247R RESOLUTION AUTHORIZING A DECREASE OF $851 FY 2021 HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM. This Resolution was adopted unanimously. Absent: Councilor Medved. 22. 21-0248R RESOLUTION AUTHORIZING A DECREASE OF $1,059 FY 2021 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM. This Resolution was adopted unanimously. Absent: Councilor Medved. BY COUNCILOR TOMANEK (INTERGOVERNMENTAL RELATIONS) 23. 21-0240R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A COOPERATIVE AGREEMENT ACCEPTING $47,662.88 FROM ST. LOUIS COUNTY TO REIMBURSE CITY FOR LOCAL MATCH COSTS IN COMPLETING HAZARD MITIGATION PROJECTS PURSUANT TO A UNITED STATES DEPARTMENT OF HOMELAND SECURITY ADVANCE ASSISTANCE HAZARD MITIGATION PROGRAM GRANT. Indexes: Attachments: Exhibit 2.pdf Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilor Medved. BY PRESIDENT VAN NETT (COMMITTEE OF THE WHOLE) City of Duluth Page 6 City Council Minutes - Final April 12, 2021 24. 21-0225R RESOLUTION RENEWING DECLARATION OF LOCAL HEALTH EMERGENCY FOR PURPOSES OF DULUTH CITY CODE SECTION 17-7 AND MINNESOTA STATUTES SECTION 13D.021. This Resolution was adopted unanimously. Absent: Councilor Medved. BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 25. 21-0203R RESOLUTION AWARDING A CONTRACT TO HOVLAND, INC. FOR THE CROSS CITY TRAIL RELOCATION PROJECT IN THE AMOUNT OF $256,846.36. Indexes: Attachments: 21-0203R Map This Resolution was adopted unanimously. Absent: Councilor Medved. 26. 21-0221R RESOLUTION AUTHORIZING THE PURCHASE OF A 2022 WESTERN STAR CAB AND CHASSIS FROM BOYER TRUCKS IN THE AMOUNT OF $99,344.85, AND THE PURCHASE AND INSTALLATION OF A DUMP BODY & SANDER TO OUTFIT THE TRUCK FROM CRYSTEEL TRUCK EQUIPMENT IN THE AMOUNT OF $122,895.59 FOR A TOTAL AMOUNT OF $222,240.44. This Resolution was adopted unanimously. Absent: Councilor Medved. 27. 21-0222R RESOLUTION AUTHORIZING A CONTRACT WITH A.W. KUETTEL & SONS FOR THE INSTALLATION OF BUILDING ENERGY TRANSFER STATIONS AT THE HOLIDAY INN COMPLEX FOR AN AMOUNT NOT TO EXCEED $542,800. This Resolution was adopted unanimously. Absent: Councilor Medved. 28. 21-0234R RESOLUTION AWARDING A CONTRACT TO VEIT & CO., INC. FOR THE 2021 CITYWIDE CIPP SEWER LINING PROJECT IN THE AMOUNT OF $886,062.75. Indexes: Attachments: 21-0234R Map This Resolution was adopted unanimously. City of Duluth Page 7 City Council Minutes - Final April 12, 2021 Absent: Councilor Medved. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 29. 21-0198R RESOLUTION AUTHORIZING THE ACCEPTANCE OF REIMBURSEMENT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, OFFICE OF JUSTICE PROGRAMS, IN AN AMOUNT NOT TO EXCEED $16,418.45 AND REIMBURSEMENT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY IN AN AMOUNT NOT TO EXCEED $16,418.45 FOR THE PURCHASE OF BALLISTIC VESTS. Indexes: Attachments: Document A This Resolution was adopted unanimously. Absent: Councilor Medved. 30. 21-0199R RESOLUTION AUTHORIZING THE ACCEPTANCE OF REIMBURSEMENT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY IN AN AMOUNT NOT TO EXCEED $17,221.39 FOR THE PURCHASE OF BALLISTIC VESTS. Indexes: Attachments: Document A This Resolution was adopted unanimously. Absent: Councilor Medved. 31. 21-0204R RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $8,000.00 AND A LOCAL MATCH OF $1,600.00 FOR THE 2021 SPEED AND AGGRESSIVE DRIVING ENFORCEMENT PROGRAM AND FURTHER AUTHORIZING AN AGREEMENT WITH THE CITY OF HERMANTOWN POLICE DEPARTMENT FOR SERVICES UNDER THE GRANT. Indexes: Attachments: Document A Document B This Resolution was adopted unanimously. Absent: Councilor Medved. BY VICE PRESIDENT FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 32. 21-0220R RESOLUTION AUTHORIZING A CONTRACT WITH GARDNER BUILDERS, LLC FOR PHASE II OF MULTI-YEAR CITY HALL RENOVATIONS TO INCLUDE GROUND, THIRD, AND FOURTH City of Duluth Page 8 City Council Minutes - Final April 12, 2021 FLOORS FOR AN AMOUNT NOT TO EXCEED $1,496,800.07. This Resolution was adopted unanimously. Absent: Councilor Medved. 33. 21-0228R RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH NORTHWOODS LEAGUE, INC. AND RPK BASEBALL, LLC FOR THE USE OF WADE STADIUM. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilor Medved. 34. 21-0229R RESOLUTION AUTHORIZING THE EXECUTION AND FILING OF A DECLARATION OF RESTRICTIVE COVENANT OVER WHEELER ATHLETIC COMPLEX AND WADE STADIUM. Indexes: Attachments: Exhibit 1.pdf Exhibit 2.pdf This Resolution was adopted unanimously. Absent: Councilor Medved. 35. 21-0231R RESOLUTION AUTHORIZING ACCEPTANCE FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR AN ADVANCE ASSISTANCE HAZARD MITIGATION GRANT OF $285,977.25 FOR COASTAL INFRASTRUCTURE ASSESSMENT. Indexes: Attachments: Exhibit 1r.pdf This Resolution was adopted unanimously. Absent: Councilor Medved. 36. 21-0232R RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT WITH JOSEPH H. KLEIMAN AND ROSE A. KLEIMAN FOR THE PURCHASE OF PROPERTY IN THE ONEOTA NEIGHBORHOOD IN EXCHANGE FOR $225,000.00 AND CONVEYANCE OF PROPERTY IN THE DULUTH HEIGHTS NEIGHBORHOOD. Indexes: City of Duluth Page 9 City Council Minutes - Final April 12, 2021 Attachments: Exhibit 1-Resolution Authorizing PA.pdf Exhibit 2-Resolution Authorizing PA.pdf Exhibit 3-Resolution Authorizing PA.pdf Exhibit 4-Resolution Authorizing PA.pdf Exhibit 5-Resolution Authorizing PA.pdf This Resolution was adopted unanimously. Absent: Councilor Medved. 37. 21-0237R RESOLUTION SUPPORTING REGIONAL PARK OR TRAIL DESIGNATION APPLICATION FOR WAABIZHESHIKANA: THE MARTEN TRAIL THROUGH THE GREATER MINNESOTA REGIONAL PARKS AND TRAILS COMMISSION Indexes: Attachments: Marten designation_application final This Resolution was adopted unanimously. Absent: Councilor Medved. 38. 21-0241R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30159 WITH TKDA FOR ADDITIONAL ENGINEERING SERVICES FOR THE FAIRMOUNT SNOWMOBILE TRAIL PROJECT FOR AN INCREASE OF $45,800 AND A NEW TOTAL AMOUNT NOT TO EXCEED $129,990. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Medved. 39. 21-0242R RESOLUTION AUTHORIZING A CONTRACT WITH A PLUS CONTRACTORS FOR RECONSTRUCTION OF THE FAIRMOUNT SNOWMOBILE TRAIL FOR AN AMOUNT NOT TO EXCEED $181,570.00. This Resolution was adopted unanimously. Absent: Councilor Medved. 40. 21-0243R RESOLUTION AUTHORIZING A CONTRACT WITH KTM PAVING FOR MULTIUSE TRAIL BRIDGES FOR AN AMOUNT NOT TO EXCEED $557,270.80. This Resolution was adopted unanimously. Absent: Councilor Medved. END OF CONSENT AGENDA City of Duluth Page 10 City Council Minutes - Final April 12, 2021 The following entitled resolutions are also to be considered: BY COUNCILOR KENNEDY (PERSONNEL) 41. 21-0257R RESOLUTION APPOINTING ANDREA CROUSE TO THE DULUTH PUBLIC UTILITIES COMMISSION. Indexes: Attachments: MOTION TO AMEND - Adopted Unanimously. Absent: Councilor Medved A motion was made to adopt this Resolution, as amended, by Councilor Anderson. The motion was seconded by Councilor Tomanek. This Resolution was adopted, as amended, unanimously. Absent: Councilor Medved. BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 42. 21-0256R RESOLUTION DECLARING A CLIMATE EMERGENCY IN DULUTH, MINNESOTA. Indexes: Attachments: Exhibit A Exhibit B A motion was made by Councilor Sipress to adopt this resolution. The motion was seconded by Councilor Forsman. This Resolution was adopted unanimously. Absent: Councilor Medved. The following entitled ordinances are to be read for the first time: BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 43. 21-004-O AN ORDINANCE GRANTING DULUTH LINCOLN PARK 1 LLC AT 2360 WEST SUPERIOR STREET A CONCURRENT USE PERMIT TO ATTACH BALCONIES, ROOFTOP PARAPET WALLS AND CANOPIES ABOVE GROUND AND ATTACHED TO A PROPOSED 74 UNIT APARTMENT STRUCTURE AND WITHIN THE PLATTED RIGHT OF WAY FOR WEST SUPERIOR STREET AND SOUTH 21ST AVENUE WEST. Indexes: City of Duluth Page 11 City Council Minutes - Final April 12, 2021 Attachments: Exhibit I legal description of balcony Exhibit J legal description parapet Exhibit K legal description of canopy PL 21-006 Staff Report and Attachments This Ordinance was read for the first time. 44. 21-005-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE GARY-NEW DULUTH NEIGHBORHOOD TO VEIT COMPANIES, LLC FOR $35,623. Indexes: Attachments: Exhibit A-Ordinance.pdf Exhibit B-Ordinance.pdf This Ordinance was read for the first time. 45. 21-006-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL PROPERTY IN THE LAKESIDE NEIGHBORHOOD TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit A-Ordinance.pdf This Ordinance was read for the first time. 46. 21-007-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE CENTRAL ENTRANCE NEIGHBORHOOD TO JOSEPH H. KLEIMAN AND ROSE A. KLEIMAN. Indexes: Attachments: Exhibit 1-Ordinance Authorizing Conveyance to Kleiman.pdf This Ordinance was read for the first time. 47. 21-008-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL PROPERTY IN THE CENTRAL HILLSIDE NEIGHBORHOOD TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit A-Ordinance.pdf This Ordinance was read for the first time. 48. 21-009-O AN ORDINANCE CREATING SECTION 50-27.12; AND AMENDING SECTIONS 50-37.7 AND 50-37.12, RELATED TO MASS TRANSIT City of Duluth Page 12 City Council Minutes - Final April 12, 2021 SHELTER SIGNAGE. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 49. 21-010-O AN ORDINANCE AMENDING SECTIONS 50-20.1, 50-20.4, 50-24.2, AND 50-41 RELATED TO SOBER HOUSES AND RESIDENTIAL CARE FACILITIES. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 A motion was made by Councilor Forsman to return this Ordinance to Administration. The motion was seconded by Councilor Sipress. This Ordinance was withdrawn and returned to Administration. 50. 21-011-O AN ORDINANCE AMENDING SECTIONS 50-20.3 AND 50-41 RELATED TO MINI STORAGE AND SELF-SERVICE STORAGE FACILITIES. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS ATTEST: CHELSEA J. HELMER, City Clerk Passed: April 12, 2021 Approved: April 13, 2021 EMILY LARSON, Mayor City of Duluth Page 13