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 26, 2021 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the April 22, 2021 Agenda Session and April 26, 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 Derek Medved, Councilor Roz Randorf, Councilor Joel Sipress, Councilor Terese Tomanek and Vice President Arik Forsman Absent: 1- President Renee Van Nett PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 21-027 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2021-04-12, Minutes City of Duluth Page 1 City Council Minutes - Final April 26, 2021 A motion was made by Councilor Medved to approve the Minutes. The motion was seconded by Councilor Kennedy. The Minutes were approved unanimously. Absent: President Van Nett REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 2. 21-028 Alcohol, Gambling & Tobacco Commission Meeting Minutes Indexes: Attachments: March 2021 - AGT Minutes This Board or Commission Report was received. 3. 21-029 Parks and Recreation Commission Meeting Minutes Indexes: Attachments: March 2021 - Parks and Rec This Board or Commission Report was received. 4. 21-030 Indigenous Commission Meeting Minutes Indexes: Attachments: January 2021 - Indigenous Commission Minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD Ronald Thiry spoke in support for re-purposing Duluth's paper mill. CONSENT AGENDA A motion was made by Councilor Tomanek to adopt the Consent Agenda. The motion was seconded by Councilor Anderson. The Consent Agenda passed unanimously. Absent: President Van Nett BY COUNCILOR MEDVED (FINANCE) City of Duluth Page 2 City Council Minutes - Final April 26, 2021 5. 21-0255R RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR MAY 1, 2021 TO APRIL 30, 2022 IN THE AMOUNT OF $6,309,328 FOR THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. Absent: President Van Nett BY COUNCILOR RANDORF (PURCHASING & LICENSING) 6. 21-0273R RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE LIQUOR LICENSES OF VARIOUS LICENSEES. Indexes: Attachments: Attachment A Attachment B Attachment C This Resolution was adopted unanimously. Absent: President Van Nett 7. 21-0274R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO THE VALLEY YOUTH CENTER Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: President Van Nett 8. 21-0286R RESOLUTION AUTHORIZING A THREE YEAR CONTRACT WITH TOSHIBA BUSINESS SOLUTIONS FOR THE RENTAL AND MAINTENANCE OF COPIERS FOR A MONTHLY PAYMENT OF $9,194.82 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $331,013.52. This Resolution was adopted unanimously. Absent: President Van Nett BY COUNCILOR KENNEDY (PERSONNEL) 9. 21-0280R RESOLUTION CONFIRMING THE APPOINTMENT OF FRANK MESSINA TO THE SPECIAL BOARD OF REVIEW. City of Duluth Page 3 City Council Minutes - Final April 26, 2021 This Resolution was adopted unanimously. Absent: President Van Nett 10. 21-0288R RESOLUTION CONFIRMING THE APPOINTMENT OF MEMBERS TO CITY OF DULUTH BOARDS AND COMMISSIONS. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: President Van Nett 11. 21-0292R RESOLUTION CONFIRMING THE APPOINTMENT OF JASON HOLLINDAY TO THE PLANNING COMMISSION. This Resolution was adopted unanimously. Absent: President Van Nett 12. 21-0293R RESOLUTION CONFIRMING THE APPOINTMENT OF GARY ECKENBERG TO THE BOARD OF ADJUSTMENT OF THE DULUTH INTERNATIONAL AIRPORT JOINT ZONING BOARD. This Resolution was adopted unanimously. Absent: President Van Nett BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 13. 21-0269R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE MINNESOTA HOUSING FINANCE AGENCY RELATED TO THE LOW INCOME HOUSING TAX CREDIT PROGRAM FOR THE YEAR 2022. Indexes: Attachments: Exhibit A_JPA This Resolution was adopted unanimously. Absent: President Van Nett 14. 21-0279R RESOLUTION AUTHORIZING AN AMENDMENT TO A SUB-RECIPIENT GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INCREASE THE GRANT AMOUNT BY $13,043.90 AND EXTEND THE EXPIRATION DATE BY ONE YEAR. Indexes: Attachments: Exhibit A City of Duluth Page 4 City Council Minutes - Final April 26, 2021 This Resolution was adopted unanimously. Absent: President Van Nett 15. 21-0291R RESOLUTION AUTHORIZING ACCEPTANCE OF RESTRICTION PERTAINING CERTAIN PROPERTY REQUIRED UNDER THE UDC FROM THOMAS AND BRIDGET REISTAD. Indexes: Attachments: Warranty Deed 802 Lake Ave S - Site Plan This Resolution was adopted unanimously. Absent: President Van Nett 16. 21-0306R RESOLUTION AUTHORIZING AGREEMENT FOR DESIGN AND CONSTRUCTION OF ROAD AND UTILITY WORK, PHASE II, 2ND STREET-4TH-6TH AVENUES EAST, REGIONAL EXCHANGE DISTRICT WITH SMDC. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: President Van Nett 17. 21-0307R RESOLUTION AUTHORIZING FIRST AMENDMENT TO CITY CONTRACT NO. 23888 WITH SMDC FOR THE CONSTRUCTION OF THE NEW PARKING RAMP IN THE REGIONAL EXCHANGE DISTRICT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: President Van Nett BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 18. 21-0271R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30203 WITH TOOLE DESIGN GROUP, LLC, FOR THE DESIGN OF THE TEMPORARY RELOCATION OF THE CROSS CITY TRAIL, TO INCREASE THE AMOUNT BY $1,692 FOR A NEW AMOUNT NOT TO EXCEED $96,449. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: President Van Nett City of Duluth Page 5 City Council Minutes - Final April 26, 2021 19. 21-0275R RESOLUTION AWARDING A CONTRACT TO JMF CONSTRUCTION, INC. FOR THE 2021 CITYWIDE STORM SEWER UPGRADES PROJECT IN THE AMOUNT OF $196,777.67. Indexes: Attachments: 21-0275R Map This Resolution was adopted unanimously. Absent: President Van Nett 20. 21-0276R RESOLUTION AUTHORIZING A CONTRACT WITH STACK BROS. MECHANICAL CONTRACTORS, INC. FOR THE INSTALLATION OF ENERGY TRANSFER STATIONS AT THE WELLS FARGO BUILDING FOR AN AMOUNT NOT TO EXCEED $345,000. This Resolution was adopted unanimously. Absent: President Van Nett 21. 21-0285R RESOLUTION AUTHORIZING COOPERATIVE CONSTRUCTION AGREEMENT NO. 1046012 WITH MNDOT FOR THE STATE’S SHARE OF SIGNAL SYSTEM AND ADA IMPROVEMENTS TO THE TRUNK HIGHWAY NO. 23 (GRAND AVE) AND RIVERWEST DRIVE INTERSECTION Indexes: Attachments: Map Exhibit A This Resolution was adopted unanimously. Absent: President Van Nett 22. 21-0289R RESOLUTION AWARDING A CONTRACT TO VEIT & COMPANY, INC FOR THE WESTWOOD LANE SANITARY SEWER EXTENSION PROJECT IN THE AMOUNT OF $218,000. Indexes: Attachments: Map This Resolution was adopted unanimously. Absent: President Van Nett 23. 21-0290R RESOLUTION AWARDING A CONTRACT TO SINNOTT CONTRACTING, LLC FOR THE WOODLAWN STREET STORM SEWER EXTENSION PROJECT IN THE AMOUNT OF $52,265.45. Indexes: Attachments: Map City of Duluth Page 6 City Council Minutes - Final April 26, 2021 This Resolution was adopted unanimously. Absent: President Van Nett BY VICE PRESIDENT FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 24. 21-0281R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO REQUEST AND ACCEPT FROM ST. LOUIS COUNTY, ON BEHALF OF THE STATE OF MINNESOTA, CERTAIN TAX FORFEIT LAND TO BE USED FOR COMMUNITY GARDEN PURPOSES. Indexes: Attachments: DCGP Lot mapt TF land_Exhibit A.pdf This Resolution was adopted unanimously. Absent: President Van Nett 25. 21-0283R RESOLUTION AUTHORIZING AN AGREEMENT WITH AMI CONSULTING ENGINEERS FOR PRE-DESIGN ENGINEERING SERVICES FOR SHORELINE REHABILITATION 7TH TO 21ST AVENUE EAST AND BRIGHTON BEACH FOR AN AMOUNT NOT TO EXCEED $72,000.25. This Resolution was adopted unanimously. Absent: President Van Nett 26. 21-0284R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR LANDSCAPE ARCHITECTURAL PRE-DESIGN SERVICES FOR DULUTH LAKEWALK AND BRIGHTON BEACH FOR AN AMOUNT NOT TO EXCEED $48,023.00. This Resolution was adopted unanimously. Absent: President Van Nett 27. 21-0287R RESOLUTION AUTHORIZING APPLICATION TO THE NATIONAL RECREATION AND PARKS ASSOCIATION FOR FUNDS TO SUPPLEMENT RECONSTRUCTION AND UPGRADES TO LINCOLN PARK ASSOCIATED WITH FUNDING FROM THE DEPARTMENT OF INTERIOR NATIONAL PARK SERVICE. This Resolution was adopted unanimously. Absent: President Van Nett END OF CONSENT AGENDA City of Duluth Page 7 City Council Minutes - Final April 26, 2021 The following entitled resolutions are also to be considered: BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 28. 21-0308R RESOLUTION SUPPORTING THE EXPANSION OF BROADBAND ACCESS IN DULUTH. This Resolution was adopted unanimously. Absent: President Van Nett 29. 21-0309R RESOLUTION SUPPORTING THE APPLICATION OF ST PAPER 1 LLC TO DEED FOR A JOB CREATION FUND GRANT/REBATE OF UP TO $1.5 MILLION. (REPLACEMENT) This Resolution was adopted unanimously. Absent: President Van Nett BY COUNCILOR ANDERSON (PUBLIC SAFETY) 30. 21-0270R RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN HUMAN DEVELOPMENT CENTER AND THE CITY OF DULUTH FOR AN EMBEDDED REGISTERED NURSE TO WORK COLLABORATIVELY WITH THE DULUTH POLICE DEPARTMENT AND THE MENTAL HEALTH UNIT TO BETTER RESPOND TO INDIVIDUALS WITH MENTAL ILLNESS AND SUBSTANCE USE DISORDERS. Indexes: Attachments: Document A This Resolution was adopted unanimously. Absent: President Van Nett The following entitled ordinances are to be read for the first time: BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 31. 21-012-O AN ORDINANCE GRANTING ESSENTIA HEALTH A CONCURRENT USE PERMIT FOR A PRIVATE UTILITY CONDUIT IN THE PLATTED STREET RIGHT OF WAY OF NORTH FOURTH AVENUE EAST AND EAST SECOND STREET. Indexes: City of Duluth Page 8 City Council Minutes - Final April 26, 2021 Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 32. 21-013-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 A Attachment B Attachment C This Ordinance was read for the first time. The following entitled ordinances are to be read for the second time: BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 33. 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: 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 adopted unanimously. Absent: President Van Nett 34. 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 adopted unanimously. Absent: President Van Nett City of Duluth Page 9 City Council Minutes - Final April 26, 2021 35. 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 adopted unanimously. Absent: President Van Nett 36. 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 adopted unanimously. Absent: President Van Nett 37. 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 adopted unanimously. Absent: President Van Nett 38. 21-009-O AN ORDINANCE CREATING SECTION 50-27.12; AND AMENDING SECTIONS 50-37.7 AND 50-37.12, RELATED TO MASS TRANSIT SHELTER SIGNAGE. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. Absent: President Van Nett 39. 21-011-O AN ORDINANCE AMENDING SECTIONS 50-20.3 AND 50-41 RELATED TO MINI STORAGE AND SELF-SERVICE STORAGE FACILITIES. Indexes: City of Duluth Page 10 City Council Minutes - Final April 26, 2021 Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. Absent: President Van Nett COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS ATTEST: CHELSEA J. HELMER, City Clerk Passed: April 26, 2021 Approved: April 27, 2021 EMILY LARSON, Mayor City of Duluth Page 11