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, December 6, 2021 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the December 2, 2021 Agenda Session and December 6, 2021 Council Meeting by other electronic means pursuant to Minnesota Statutes Section 13D.021 in response to the COVID-19 pandemic. Some members of the City Council will be participating through video conference. Due to the COVID-19 pandemic, 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. 21-108 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2021-11-22, Minutes A motion was made by Councilor Tomanek to approve the Minutes. The motion City of Duluth Page 1 City Council Minutes - Final December 6, 2021 was seconded by Councilor Kennedy. The motion passed unanimously. The Minutes were approved unanimously. PUBLIC HEARING - Proposed Capital Improvement Plan 2. 21-109 Public Hearing: Proposed Capital Improvement Plan Indexes: Attachments: Public Hearing Notice This Public Hearing was held. PUBLIC HEARING - Intention to Issue General Obligation Capital Improvement Bonds 3. 21-110 Public Hearing: Intention to Issue General Obligation Capital Improvement Bonds and Intent to Issue Capital Equipment Notes Indexes: Attachments: Public Hearing Notice This Public Hearing was held. PUBLIC HEARING - 2022 Proposed Tax Levy and Proposed Budget for Taxes Payable Year 2022 4. 21-111 Public Hearing: 2022 Proposed Tax Levy and Proposed Budget for Taxes Payable Year 2022 Matt McShane, Representative of Police Local 807, spoke in support of police department funding and the proposed tax levy Jamey Sharp, Duluth NAACP Social Justice Committee representative, spoke in support of the community crises response team and proposed budget Angel Dobrow, spoke in support of levy increase and the community crises response team. This Public Hearing was held. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 5. 21-112 Duluth Transit Authority Meeting Minutes Indexes: City of Duluth Page 2 City Council Minutes - Final December 6, 2021 Attachments: September 2021 - DTA Minutes This Board or Commission Report was received. 6. 21-113 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: October 2021 - DPUC Minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD Chris Rubesch, Dr. Mary Owen, Angel Dobrow, Jamey Sharp, spoke in support of Resolution 21-0943R Dave Werner, Representative of Duluth Fire Local 101, spoke in support of the increase to the fire training budget in the proposed 2022 City budget. CONSENT AGENDA A motion was made by Councilor Randorf to pass the Consent Agenda. The motion was seconded by Councilor Medved. The motion passed unanimously. The Consent Agenda passed unanimously. BY COUNCILOR MEDVED (FINANCE) 7. 21-0913R RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, STATING THE INTENT TO ISSUE GENERAL OBLIGATION CAPITAL EQUIPMENT NOTES, SERIES 2022, IN THE APPROXIMATE AMOUNT OF $4,000,000 AND APPROVING THE CAPITAL EQUIPMENT LIST ASSOCIATED WITH THE NOTES. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 8. 21-0914R RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND STATING INTENT TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS UNDER MINNESOTA STATUTES, SECTION City of Duluth Page 3 City Council Minutes - Final December 6, 2021 475.521. This Resolution was adopted unanimously. 9. 21-0918R RESOLUTION ESTABLISHING ANNUAL BONDING PLAN FOR 2022. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 10. 21-0922R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2022 TO DECEMBER 31, 2022, OPERATION BUDGET OF THE DULUTH AIRPORT AUTHORITY. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 11. 21-0924R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2022 TO DECEMBER 31, 2022 BUDGETS OF THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR KENNEDY (PERSONNEL) 13. 21-0933R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF ENERGY COORDINATOR. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 14. 21-0917R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AND ACCEPT $962,918.69 IN FUNDS FROM ST. LOUIS COUNTY TO PROVIDE MINNESOTA FAMILY INVESTMENT PROGRAM AND DIVERSIONARY WORK PROGRAM EMPLOYMENT AND TRAINING SERVICES City of Duluth Page 4 City Council Minutes - Final December 6, 2021 Indexes: Attachments: City of Duluth DWD 2022 MFIP DWP Contract 17263 This Resolution was adopted unanimously. 15. 21-0919R RESOLUTION OF INTENT TO SUPPORT THE REQUEST BY CROWN LIVING DULUTH, LLLP TO THE STATE OF MINNESOTA FOR LOW INCOME HOUSING TAX CREDITS AND REVENUE BONDS FOR THE CONSTRUCTION OF A 112 UNIT SENIOR APARTMENT PROJECT. This Resolution was adopted unanimously. 16. 21-0945R RESOLUTION GRANTING AN INTERIM USE PERMIT FOR A VACATION DWELLING UNIT AT 11 EAST FOURTH STREET, UNIT B, LOCATED IN THE F-6 MID-RISE NEIGHBORHOOD SHOPPING FORM DISTRICT (BJS LAND CO. DLH, LLC). Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 17. 21-0901R RESOLUTION APPROVING A COUNTY PROJECT WITHIN MUNICIPAL CORPORATE LIMITS FOR IMPROVEMENTS TO BOUNDARY AVENUE. Indexes: Attachments: 21-0901R Map This Resolution was adopted unanimously. 18. 21-0916R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT L 30048 WITH BUSINESS COMMUNICATION SOLUTIONS FOR MAILING SERVICES AND POSTAGE FOR AN ADDITIONAL YEAR OF SERVICE IN THE AMOUNT OF $192,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 19. 21-0921R RESOLUTION AUTHORIZING AN AMENDMENT TO MASTER SERVICES AGREEMENT L30325 WITH LAKE SUPERIOR CONSULTING LLC FOR PROFESSIONAL CONSULTING SERVICES, City of Duluth Page 5 City Council Minutes - Final December 6, 2021 EXERCISING THE SECOND AND FINAL ONE-YEAR RENEWAL AND INCREASING THE AGREEMENT BY $50,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $150,000. This Resolution was adopted unanimously. 20. 21-0932R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE FOR AN OVERHAUL OF THE SERVICE CHILLER FROM TRANE IN THE TOTAL AMOUNT OF $64,752.00. This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 21. 21-0896R RESOLUTION APPROVING SETTLEMENT IN THE AMOUNT OF $13,622.54 TO SARAH ROGALLA FOR PROPERTY DAMAGES. Indexes: Attachments: Ex. A.pdf This Resolution was adopted unanimously. BY VICE PRESIDENT FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 22. 21-0929R RESOLUTION AUTHORIZING AN AGREEMENT WITH SAS + ASSOCIATES FOR DESIGN, COST ESTIMATING, PERMITTING AND BIDDING SERVICES TO EXPAND THE IRRIGATION POND, EXTEND CITY WATER SUPPLY, EXTEND PUMP STATION ELECTRIC AND RECONDITION TEN FAIRWAYS AT ENGER PARK GOLF COURSE FOR AN AMOUNT NOT TO EXCEED $113,470.00 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 23. 21-0930R RESOLUTION AUTHORIZING A THREE-YEAR LICENSE AGREEMENT WITH W.J. MCCABE CHAPTER, IZAAK WALTON LEAGUE OF AMERICA, INC. TO PERFORM FOREST MANAGEMENT ACTIVITIES WITHIN A DESIGNATED PORTION OF THE SPIRIT MOUNTAIN RECREATION AREA, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1-Resolution This Resolution was adopted unanimously. City of Duluth Page 6 City Council Minutes - Final December 6, 2021 END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR MEDVED (FINANCE) 12. 21-0925R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2022 TO DECEMBER 31, 2022, OPERATION BUDGET OF THE DULUTH TRANSIT AUTHORITY. Indexes: Attachments: Exhibit A A motion was made by Councilor Randorf to pass this Resolution. The motion was seconded by Councilor Medved. The motion passed unanimously. Councilor Anderson abstains, stating employer conflict. This Resolution was adopted unanimously. BY COUNCILOR RANDORF (PURCHASING & LICENSING) 24. 21-0943R RESOLUTION IN SUPPORT OF THE MINNESOTA HEALTH PLAN AND FEDERAL MEDICARE FOR ALL ACT. A motion was made by Councilor Sipress to pass this Resolution. The motion was seconded by Councilor Randorf. The motion passed unanimously. This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 25. 21-0942R RESOLUTION AUTHORIZING CITY OFFICIALS TO NEGOTIATE A CONTRACT WITH HUMAN DEVELOPMENT CENTER FOR INVESTMENT IN THE DULUTH COMMUNITY CRISIS RESPONSE PROGRAM A motion was made by Councilor Anderson to pass this Resolution. The motion was seconded by Councilor Filipovich. The motion passed unanimously. This Resolution was adopted unanimously. The following entitled ordinances are to be read for the first time: City of Duluth Page 7 City Council Minutes - Final December 6, 2021 BY COUNCILOR MEDVED (FINANCE) 26. 21-057-O AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2022 APPROPRIATING MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. Indexes: Attachments: Motion to Amend: #1 (21-057-O) - Passed Unanimously. Motion to Amend: #2 (21-057-O) - Passed Unanimously This Ordinance was read for the first time. 27. 21-058-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2022. This Ordinance was read for the first time. 28. 21-061-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2022. This Ordinance was read for the first time. 29. 21-068-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2022. Indexes: Attachments: Exhibit A Motion to Amend: #1 (21-068-O) - Withdrawn Motion to Amend: #2 (21-068-O) - Passed Unanimously. Motion to Amend: #3 (21-068-O) - Passed Unanimously Motion to Amend: #4 (21-068-O) - Passed Unanimously Motion to Amend: #5 (21-068-O) - Passed Unanimously This Ordinance was read for the first time. BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 30. 21-070-O AN ORDINANCE AUTHORIZING THE RELEASE OF A RESTRICTIVE COVENANT REGARDING A DETACHED ACCESSORY STRUCTURE ASSOCIATED WITH PROPERTY AT 427 NORTH 19TH AND A HALF AVENUE WEST City of Duluth Page 8 City Council Minutes - Final December 6, 2021 Indexes: Attachments: Exhibit A_restrictive covenant This Ordinance was read for the first time. BY VICE PRESIDENT FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 31. 21-069-O AN ORDINANCE PURSUANT TO 1955 MINN. LAWS, CHAPTER 82, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE LESTER PARK NEIGHBORHOOD TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit A-Legal Description Exhibit B-Map Exhibit C-Letter of Conformity Exhibit D- SLC EMV This Ordinance was read for the first time. The following entitled ordinances are to be read for the second time: BY COUNCILOR MEDVED (FINANCE) 32. 21-054-O AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF A $3,857,531 GENERAL OBLIGATION WATER UTILITY REVENUE NOTE OF THE CITY OF DULUTH FOR THE IMPROVEMENT OF THE MUNICIPAL WATER UTILITY UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF. A motion was made by Councilor Randorf to adopt this Ordinance. The motion was seconded by Councilor Medved. The motion passed unanimously. This Ordinance was adopted unanimously. BY COUNCILOR RANDORF (PURCHASING & LICENSING) 33. 21-041-O ORDINANCE AMENDING CHAPTER 8 AND REPEALING CHAPTER 15 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REPEALING DANCING RESTRICTIONS. A motion was made by Councilor Randorf to adopt this Ordinance. The motion was seconded by Councilor Sipress. The motion passed unanimously. City of Duluth Page 9 City Council Minutes - Final December 6, 2021 This Ordinance was adopted unanimously. BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 34. 21-055-O AN ORDINANCE AMENDING SECTION 50-20.6 AND 50-40 RELATED TO SHIPPING OR STORAGE CONTAINERS. Indexes: Attachments: Attachment 1 A motion was made by Councilor Filipovich to adopt this Ordinance. The motion was seconded by Councilor Kennedy. The motion passed unanimously. This Ordinance was adopted unanimously. BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 35. 21-053-O AN ORDINANCE AMENDING DIVISION 2 OF ARTICLE VII OF CHAPTER 45 OF THE DULUTH CITY CODE, 1959, AS AMENDED BY ADDING A NEW SECTION 45-89.1 THERETO AND BY AMENDING PROVISIONS OF ARTICLE VIII THEREOF GOVERNING OWNER’S RESPONSIBILITY FOR INSTALLING AND MAINTAINING DRIVEWAY CULVERTS. A motion was made by Councilor Sipress to adopt this Ordinance. The motion was seconded by Councilor Randorf. The motion passed unanimously. This Ordinance was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS ATTEST: CHELSEA J. HELMER, City Clerk Passed: December 6, 2021 Approved: December 7, 2021 EMILY LARSON, Mayor City of Duluth Page 10