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, June 7, 2021 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the June 4, 2021 Agenda Session and June 7, 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. 21-040 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2021-05-20, Minutes 2021-05-24, Minutes City of Duluth Page 1 City Council Minutes - Final June 7, 2021 A motion was made by Councilor Tomanek to approve the Minutes. The motion was seconded by Councilor Filipovich. The Minutes were approved unanimously. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS 2. 21-044 Office of State Auditor: Duluth Airport Authority Indexes: Attachments: MN OSA - DAA This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS 3. 21-041 Library Board Meeting Minutes Indexes: Attachments: April 2021 - Library Board Minutes This Board or Commission Report was received. 4. 21-042 Duluth Public Utilities Commission Resolutions & Meeting Minutes Indexes: Attachments: 21PUC-003 21PUC-004 April 2021 - DPUC Memo to Council This Board or Commission Report was received. 5. 21-043 Indigenous Commission Meeting Minutes Indexes: Attachments: April 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 Bruce Fehringer and Richard Haney spoke in support of completing the Cross City Trail. City of Duluth Page 2 City Council Minutes - Final June 7, 2021 - CONSENT AGENDA A motion was made by Councilor Randorf to approve the Consent Agenda. The motion was seconded by Councilor Forsman. The Consent Agenda passes unanimously. BY COUNCILOR RANDORF (PURCHASING & LICENSING) 6. 21-0393R RESOLUTION APPROVING THE EXEMPTION OF A RAFFLE LICENSE AND WAIVING THE 60 DAY WAITING PERIOD FOR THE FRIENDS OF THE BOUNDARY WATERS CANOE AREA. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 7. 21-0422R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEE(S). Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 8. 21-0424R RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE LIQUOR LICENSES OF VARIOUS LICENSEES. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 9. 21-0428R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE DESIGNATED SERVING AREA ASSOCIATED WITH THE ON SALE INTOXICATING LIQUOR LICENSE OF PDL OF DULUTH, INC (CLUB SARATOGA), 331 CANAL PARK DRIVE Indexes: Attachments: Attachment A City of Duluth Page 3 City Council Minutes - Final June 7, 2021 This Resolution was adopted unanimously. BY COUNCILOR KENNEDY (PERSONNEL) 10. 21-0395R RESOLUTION CONFIRMING THE REAPPOINTMENT PAUL THOMSEN TO THE SANITARY SEWER BOARD OF THE WESTERN LAKE SUPERIOR SANITARY DISTRICT. This Resolution was adopted unanimously. Councilor Filipovich abstains stating employer conflict. 11. 21-0396R RESOLUTION CONFIRMING THE REAPPOINTMENT OF KIM MAKI AND DON MCISAAC TO THE DULUTH AIRPORT AUTHORITY. This Resolution was adopted unanimously. 12. 21-0397R RESOLUTION CONFIRMING THE REAPPOINTMENT OF TOM SZUKIS AND RONDI WATSON TO THE DULUTH TRANSIT AUTHORITY. This Resolution was adopted unanimously. 13. 21-0398R RESOLUTION CONFIRMING THE APPOINTMENT OF ERIC FRANKLIN TO THE DULUTH CITIZEN REVIEW BOARD. This Resolution was adopted unanimously. 14. 21-0400R RESOLUTION CONFIRMING THE REAPPOINTMENT OF WILLIAM NELSON TO THE DULUTH ENTERTAINMENT AND CONVENTION CENTER AUTHORITY This Resolution was adopted unanimously. 15. 21-0401R RESOLUTION CONFIRMING THE APPOINTMENT OF KEVIN O’BRIEN TO THE DULUTH AIRPORT AUTHORITY This Resolution was adopted unanimously. 16. 21-0411R RESOLUTION CONFIRMING THE APPOINTMENT OF LENELLE HRABIK TO THE INDIGENOUS COMMISSION. City of Duluth Page 4 City Council Minutes - Final June 7, 2021 This Resolution was adopted unanimously. 17. 21-0421R RESOLUTION CONFIRMING THE APPOINTMENT OF JASON VINCENT TO THE ENTERTAINMENT AND CONVENTION CENTER AUTHORITY. This Resolution was adopted unanimously. BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 18. 21-0333R RESOLUTION OF SUPPORT THE REQUEST BY ORBACH AFFORDABLE HOUSING SOLUTIONS FOR TAX INCREMENT FINANCING FOR THE 150-UNIT GREYSOLON PLAZA HOUSING REDEVELOPMENT PROJECT. This Resolution was adopted unanimously. 19. 21-0409R RESOLUTION ACCEPTING THE ACQUISITION OF REAL PROPERTY IN THE DULUTH HEIGHTS NEIGHBORHOOD FROM THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY FOR $1.00 AND OTHER VALUABLE CONSIDERATION. Indexes: Attachments: Exhibit A-Resolution Accepting Property from DEDA.pdf This Resolution was adopted unanimously. BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 20. 21-0410R RESOLUTION AWARDING A CONTRACT TO MAGNEY CONSTRUCTION, INC. FOR THE MIDDLE BOOSTER STATION IMPROVEMENTS PROJECT IN THE AMOUNT OF $3,038,800.00. Indexes: Attachments: Map This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 21. 21-0399R 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 $17,221.39 FOR THE PURCHASE OF BALLISTIC VESTS. Indexes: City of Duluth Page 5 City Council Minutes - Final June 7, 2021 Attachments: Document A - Federal This Resolution was adopted unanimously. BY VICE PRESIDENT FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 22. 21-0403R RESOLUTION ACCEPTING REIMBURSEMENT MONEY IN THE AMOUNT OF $37,002 FROM THE ARROWHEAD LIBRARY SYSTEM FOR THE PURCHASE OF LIBRARY MATERIALS. This Resolution was adopted unanimously. 23. 21-0404R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30482 WITH MSA PROFESSIONAL SERVICES INC. FOR PERMITTING SERVICES FOR THE BRIGHTON BEACH TRAIL REALIGNMENT FOR AN INCREASE OF $1,490 AND A NEW TOTAL AMOUNT NOT TO EXCEED $41,490. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 24. 21-0405R A RESOLUTION DISTINGUISHING THE DWP TRAIL FROM THE CROSS CITY TRAIL This Resolution was adopted unanimously. 25. 21-0406R RESOLUTION AUTHORIZING AN AGREEMENT WITH DESIGN WORKSHOP, INC. FOR DULUTH PARKS, RECREATION AND OPEN SPACE MASTER PLANNING SERVICES FOR AN AMOUNT NOT TO EXCEED $203,275.00 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 26. 21-0407R RESOLUTION AUTHORIZING A THREE-YEAR NON-EXCLUSIVE USE AGREEMENT WITH EASTERN LITTLE LEAGUE OF DULUTH, INC. FOR THE USE OF COMO PARK BASEBALL FIELDS, JOHN BAGGS MEMORIAL BASEBALL FIELD, AND TONY EMANUEL BASEBALL FIELD. Indexes: Attachments: Exhibit 1-Resolution.pdf City of Duluth Page 6 City Council Minutes - Final June 7, 2021 This Resolution was adopted unanimously. 27. 21-0408R RESOLUTION AUTHORIZING A FUNDING AGREEMENT WITH THE GND DEVELOPMENT ALLIANCE FOR CONSTRUCTION OF THE SKATE PARK AT THE GARY NEW DULUTH RECREATION CENTER. Indexes: Attachments: Exhibit 1-Resolution.pdf This Resolution was adopted unanimously. END OF CONSENT AGENDA The following entitled ordinances are to be read for the second time: BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 28. 21-017-O AN ORDINANCE GRANTING THE REGENTS OF THE UNIVERSITY OF MINNESOTA A CONCURRENT USE PERMIT FOR PRIVATE UTILITY IMPROVEMENTS WITHIN THE PLATTED RIGHT OF WAY OF GOLD STREET AND GOLD STREET ALLEY. Indexes: Attachments: Attachment 1 Attachment 2 A motion was made by Councilor Filipovich to pass this Ordinance. The motion was seconded by Councilor Anderson. This Ordinance passed unanimously. BY VICE PRESIDENT FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 29. 21-018-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A PERPETUAL, NON-EXCLUSIVE EASEMENT TO THE LEDGES ON LAKE SUPERIOR HOMEOWNERS’ ASSOCIATION, INC. FOR THE SOLE PURPOSE OF INSTALLING, INSPECTING AND MAINTAINING EROSION CONTROL MEASURES UNDER, OVER, UPON, ACROSS AND ALONG CERTAIN CITY-OWNED PROPERTY FOR $1.00 AND OTHER VALUABLE CONSIDERATION. Indexes: Attachments: Exhibit 1-Ordinance Exhibit 2-Ordinance.pdf A motion was made by Councilor Forsman to pass this Ordinance. The motion was seconded by Councilor Tomanek. This Ordinance passes unanimously. City of Duluth Page 7 City Council Minutes - Final June 7, 2021 COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS ATTEST: CHELSEA J. HELMER, City Clerk Passed: June 7, 2021 Approved: June 8, 2021 EMILY LARSON, Mayor City of Duluth Page 8