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 20, 2021 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the December 16, 2021 Agenda Session and December 20, 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: 7- Councilor Gary Anderson, Vice President Janet Kennedy, Councilor Derek Medved, Councilor Roz Randorf, Councilor Terese Tomanek, President Arik Forsman and Councilor Renee Van Nett PLEDGE OF ALLEGIANCE PUBLIC HEARING 1. 21-119 Public Hearing: American Rescue Plan Act funding - New Burnham LLC. Indexes: Attachments: NOPH City Council_Burnham ARPA Funding This Public Hearing was held. City of Duluth Page 1 City Council Minutes - Final December 20, 2021 APPROVAL OF MINUTES 2. 21-114 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2021-12-13, Minutes A motion was made by Councilor Randorf to approve the Minutes. The motion was seconded by Councilor Tomanek. The motion passed unanimously. This Minutes were approved unanimously. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 3. 21-115 Library Board Meeting Minutes Indexes: Attachments: October 2021 - Library Board Minutes This Board or Commission Report was received. 4. 21-116 Commission on Disabilities Meeting Minutes Indexes: Attachments: October 2021 - Commission on Disabilities Minutes This Board or Commission Report was received. 5. 21-117 Human Rights Commission Meeting Minutes Indexes: Attachments: October 2021 - HRC Minutes This Board or Commission Report was received. 6. 21-118 Citizen Review Board Meeting Minutes Indexes: Attachments: Otober 2021 - CRB Minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES City of Duluth Page 2 City Council Minutes - Final December 20, 2021 OPPORTUNITY FOR CITIZENS TO BE HEARD Kenneth Buehler, Tony Cuneo, Janelle Long, Cameron Krueger, spoke in support of Tourism Tax Funding Judy Gibbs spoke in regard to her concern regarding the Omicron Variant and request for a city-wide mask mandate CONSENT AGENDA A motion was made by Councilor Anderson to pass the Consent Agenda. The motion was seconded by Councilor Kennedy. The motion passed with a vote of 8-1 (Nay: Councilor Medved) BY COUNCILOR MEDVED (FINANCE) 7. 21-0879R RESOLUTION CONFIRMING ASSESSMENT ROLL FOR TECHNOLOGY DRIVE IMPROVEMENTS. Indexes: Attachments: Exhibit A This Resolution was adopted. Nay: Councilor Medved 8. 21-0947R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DULUTH-SUPERIOR PUBLIC ACCESS COMMUNITY TELEVISION, INC., FOR COMMUNITY ACCESS CABLECASTING, TRAINING, PRODUCTION AND ADMINISTRATION SERVICES IN 2022 IN THE NET AMOUNT OF $182,000. Indexes: Attachments: 2022 PACTV Lease and Professional Services Agreement This Resolution was adopted. Nay: Councilor Medved 9. 21-0984R RESOLUTION ADOPTING THE 2022 FEE SCHEDULE FOR LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted. Nay: Councilor Medved City of Duluth Page 3 City Council Minutes - Final December 20, 2021 BY COUNCILOR RANDORF (PURCHASING & LICENSING) 10. 21-0981R RESOLUTION AWARDING A CONTRACT TO HOLIDAY STATIONSTORES FOR SERVICE STATION FUELS FOR 2022 FOR AN AMOUNT NOT TO EXCEED $1,060,000. This Resolution was adopted. Nay: Councilor Medved 11. 21-0982R RESOLUTION AUTHORIZING AN ANNUAL CONTRACT FOR ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS, SUPPLIES AND LABOR FOR 2022 FROM ZIEGLER, INC. FOR AN AMOUNT NOT TO EXCEED $250,000. This Resolution was adopted. Nay: Councilor Medved 12. 21-0983R RESOLUTION AUTHORIZING AN ANNUAL CONTRACT FOR ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS, SUPPLIES AND LABOR FOR 2022 FROM MID-STATE TRUCK SERVICE, INC. FOR AN AMOUNT NOT TO EXCEED $185,000. This Resolution was adopted. Nay: Councilor Medved BY COUNCILOR KENNEDY (PERSONNEL) 13. 21-0985R RESOLUTION CONFIRMING THE INTERIM CHARTER APPOINTMENT OF GREGORY GUERRERO AS DIRECTOR, PUBLIC WORKS & UTILITIES FOR THE CITY OF DULUTH FOR THE DURATION OF THE ABSENCE OF PUBLIC WORKS & UTILITIES DIRECTOR, JAMES BENNING. This Resolution was adopted. Nay: Councilor Medved 14. 21-0992R RESOLUTION CONFIRMING THE REAPPOINTMENT OF TERESE TOMANEK TO THE DULUTH PARKING COMMISSION. This Resolution was adopted. Nay: Councilor Medved 15. 21-0993R RESOLUTION CONFIRMING THE APPOINTMENT OF ROZ RANDORF City of Duluth Page 4 City Council Minutes - Final December 20, 2021 TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, REPLACING JOEL SIPRESS. This Resolution was adopted. Nay: Councilor Medved 16. 21-1003R RESOLUTION CONFIRMING THE APPOINTMENT OF KAYLEE GRUNSETH TO THE DULUTH NONBINARY, QUEER, TRANS, TWO SPIRIT, LESBIAN, GAY, BISEXUAL, INTERSEX AND ASEXUAL COMMISSION (NQT2SLGBIA). This Resolution was adopted. Nay: Councilor Medved 17. 21-1007R RESOLUTION CONFIRMING THE REAPPOINTMENT OF LYNN NEPHEW TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH. This Resolution was adopted. Nay: Councilor Medved BY COUNCILOR TOMANEK (INTERGOVERNMENTAL RELATIONS) 18. 21-0995R RESOLUTION AMENDING RESOLUTION 21-0832R, ADOPTED AS AMENDED ON NOVEMBER 8, 2021, TO DISTRIBUTE AN ADDITIONAL $30,000 TO VARIOUS COMMUNITY ORGANIZATIONS. This Resolution was adopted. Nay: Councilor Medved BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 19. 21-0920R RESOLUTION AUTHORIZING AGREEMENT WITH 14 DEGREE PROPERTIES LLC IN RELATION TO THE VACATION OF A PORTION OF 19TH AVENUE WEST AND USE OF THE PROPERTY FOR COMMUNITY PURPOSES Indexes: Attachments: Attachment 1 This Resolution was adopted. Nay: Councilor Medved 20. 21-0991R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM DULUTH City of Duluth Page 5 City Council Minutes - Final December 20, 2021 ENERGY EFFICIENCY GRANT AGREEMENT WITH ECOLIBRIUM3 Indexes: Attachments: Exhibit A_amendment This Resolution was adopted. Nay: Councilor Medved 21. 21-1004R RESOLUTION AUTHORIZING CITY OFFICIALS TO EVALUATE OPTIONS FOR THE CREATION OF SHARED STREETS IN DULUTH, MINNESOTA. Indexes: Attachments: Pedestrian Safety Guide and Countermeasure Selection System.pdf This Resolution was adopted. Nay: Councilor Medved 22. 21-1005R RESOLUTION APPROVING AMERICAN RESCUE PLAN ACT AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND NEW BURNHAM LLC FOR THE DEVELOPMENT OF THE BURNHAM APARTMENTS PROJECT Indexes: Attachments: Exhibit A_ARPA Agreement This Resolution was adopted. Nay: Councilor Medved BY COUNCILOR SIPRESS (PUBLIC WORKS & UTILITIES) 23. 21-0940R RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR THE 2022 CHIP SEAL PROJECT AT VARIOUS LOCATIONS IN THE CITY OF DULUTH. Indexes: Attachments: 21-0940R Exhibit A This Resolution was adopted. Nay: Councilor Medved 24. 21-0948R RESOLUTION AUTHORIZING AN INCREASE TO AGREEMENT L 30144 WITH FRONTIER ENERGY, INC. FOR PROFESSIONAL SERVICES RELATING TO PUBLIC WORKS AND UTILITIES COMMERCIAL AND INDUSTRIAL CONSERVATION IMPROVEMENT PROGRAM IN THE AMOUNT OF $10,500 FOR A NEW TOTAL NOT TO EXCEED $84,000. This Resolution was adopted. Nay: Councilor Medved City of Duluth Page 6 City Council Minutes - Final December 20, 2021 25. 21-0949R RESOLUTION AUTHORIZING THE PURCHASE OF 6,600 TONS OF ROAD SALT FROM MORTON SALT, INC. IN THE AMOUNT OF $382,995. This Resolution was adopted. Nay: Councilor Medved 26. 21-0956R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA POLLUTION CONTROL AGENCY CLIMATE RESILIENCY PROGRAM FOR FUNDS TO DEVELOP A STORMWATER MANAGEMENT PLAN. This Resolution was adopted. Nay: Councilor Medved 27. 21-0960R RESOLUTION AMENDING A CONTRACT WITH MSA PROFESSIONAL SERVICES, INC. TO PROVIDE PROFESSIONAL ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE RIVERWEST DRIVE CONSTRUCTION PROJECT, TO INCREASE THE AMOUNT BY $48,746.00 FOR A NEW TOTAL OF $253,246.25. Indexes: Attachments: 21-0960 Amendment 21-0960R Map This Resolution was adopted. Nay: Councilor Medved 28. 21-0961R RESOLUTION AMENDING RESOLUTION 21-0832R, ADOPTED AS AMENDED ON NOVEMBER 8, 2021, TO ADD $30,000 TO TOURISM EVENTS SUPPORT GENERAL FUND. This Resolution was adopted. Nay: Councilor Medved 29. 21-0974R RESOLUTION APPROVING DULUTH ENERGY SYSTEM’S THERMAL ENERGY HOT WATER RATE FOR EASTERN CANAL PARK. This Resolution was adopted. Nay: Councilor Medved 30. 21-0975R RESOLUTION AUTHORIZING THE PURCHASE OF WATER METERS FROM BADGER METERS, INC. IN THE AMOUNT OF $646,010.00 This Resolution was adopted. City of Duluth Page 7 City Council Minutes - Final December 20, 2021 Nay: Councilor Medved 31. 21-0979R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF WATER PLANT FILTER ACTUATORS FROM VESSCO, INC. IN THE AMOUNT OF $56,741.16 This Resolution was adopted. Nay: Councilor Medved 32. 21-0989R RESOLUTION AWARDING A CONTRACT TO UNIVAR USA INC. FOR THE PURCHASE AND DELIVERY OF 1,023,155 POUNDS OF LIQUID CAUSTIC SODA IN YEAR 2022 FOR A TOTAL COST OF $251,440.34. This Resolution was adopted. Nay: Councilor Medved 33. 21-0994R RESOLUTION AUTHORIZING AN INCREASE TO A MASTER SERVICES AGREEMENT WITH AMERICAN ENGINEERING TESTING IN THE AMOUNT OF $2,000 FOR GEOTECHNICAL AND MATERIALS TESTING SERVICES, FOR A NEW TOTAL AMOUNT NOT TO EXCEED $52,000. This Resolution was adopted. Nay: Councilor Medved BY COUNCILOR ANDERSON (PUBLIC SAFETY) 34. 21-0844R RESOLUTION AUTHORIZING A THREE-YEAR PURCHASE AGREEMENT WITH M & T FIRE AND SAFETY INC. FOR STRUCTURAL FIREFIGHTING TURNOUT GEAR IN THE ESTIMATED AMOUNT OF $228,000. This Resolution was adopted. Nay: Councilor Medved 35. 21-0944R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA IN THE AMOUNT OF $200,984 FOR HAZMAT EQUIPMENT AND FURTHER AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF MINNESOTA. Indexes: Attachments: 21-0944R Exhibit A 21-0944R Exhibit B This Resolution was adopted. City of Duluth Page 8 City Council Minutes - Final December 20, 2021 Nay: Councilor Medved 36. 21-0977R RESOLUTION AUTHORIZING THE EXECUTION OF A TASK FORCE AGREEMENT BETWEEN THE DULUTH POLICE DEPARTMENT AND THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (DEA) AND FURTHER AUTHORIZING THE ACCEPTANCE OF REIMBURSEMENT MONIES FROM THE DEA FOR OVERTIME EXPENSES INCURRED IN SUPPORT OF THE TASK FORCE. Indexes: Attachments: Document A This Resolution was adopted. Nay: Councilor Medved 37. 21-0978R RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) IN THE AMOUNT OF $45,000 TO PURCHASE AN ACCREDITATION MANAGEMENT PROGRAM THROUGH POWERDMS, INC. TO SUPPORT THE POLICE DEPARTMENT’S CALEA ACCREDITATION PROCESS AND FURTHER AUTHORIZING THE EXECUTION OF A SOFTWARE SERVICE AGREEMENT WITH POWERDMS, INC. FOR THREE YEARS AT A TOTAL COST OF $39,699.18. Indexes: Attachments: Document A Document B This Resolution was adopted. Nay: Councilor Medved 38. 21-0990R RESOLUTION AUTHORIZING THE PURCHASE OF A CONSOLIDATED VIDEO SOLUTION FOR POLICE BODY CAMERAS, VEHICLE CAMERAS AND INTERVIEW ROOM CAMERAS INCLUDING EQUIPMENT, SOFTWARE, STORAGE, MAINTENANCE AND SUPPORT FROM AXON ENTERPRISES FOR A FIVE-YEAR PERIOD BEGINNING IN 2022 FOR AN AMOUNT NOT TO EXCEED $2,394,833.32 This Resolution was adopted. Nay: Councilor Medved 39. 21-1001R RESOLUTION AUTHORIZING PARTICIPATION IN NATIONAL PRESCRIPTION OPIOID SETTLEMENT. Indexes: City of Duluth Page 9 City Council Minutes - Final December 20, 2021 Attachments: Ex. A Minnesota State-Subdivision_Agreement (12-8-21 Final) This Resolution was adopted. Nay: Councilor Medved BY VICE PRESIDENT FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 40. 21-0946R RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT L30533 WITH EMPLOYEE STRATEGIES, INC. FOR CONTINUED CONSULTATION SERVICES AT THE MAIN LIBRARY FOR AN INCREASE OF $58,500 AND A NEW TOTAL AMOUNT NOT TO EXCEED $110,095. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted. Nay: Councilor Medved 41. 21-0976R RESOLUTION AUTHORIZING ACCEPTANCE OF A CONSERVATION PARTNERS LEGACY GRANT PROGRAM METRO GRANT FOR FY2022 FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT NOT TO EXCEED $250,000. Indexes: Attachments: Exhibit A This Resolution was adopted. Nay: Councilor Medved 42. 21-0986R RESOLUTION AUTHORIZING A TEN-YEAR LEASE AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, FOR THE USE OF CERTAIN HIGHWAY PROPERTY IN CONNECTION WITH KEENE CREEK PARK, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted. Nay: Councilor Medved 43. 21-0987R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR PUBLIC RECREATIONAL, WALKWAY AND TRAIL PURPOSES FROM THE LEDGES ON LAKE SUPERIOR HOMEOWNERS’ ASSOCIATION, INC. UNDER, OVER, UPON, ACROSS AND ALONG REAL PROPERTY LOCATED IN THE ENDION NEIGHBORHOOD, AT NO COST TO THE CITY. Indexes: City of Duluth Page 10 City Council Minutes - Final December 20, 2021 Attachments: Exhibit 1.pdf This Resolution was adopted. Nay: Councilor Medved 44. 21-0988R RESOLUTION AUTHORIZING A DEVELOPMENT AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY REGARDING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN THE LESTER PARK NEIGHBORHOOD. Indexes: Attachments: Exhibit 1-Resolution re DA This Resolution was adopted. Nay: Councilor Medved END OF CONSENT AGENDA The following entitled ordinances are to be read for the second time: BY COUNCILOR MEDVED (FINANCE) 45. 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 A motion was made by Councilor Filipovich to pass this Ordinance. The motion was seconded by Councilor Randorf. The motion passed unanimously. This Ordinance was adopted as amended unanimously. 46. 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. A motion was made by Councilor Medved to pass this Ordinance. The motion was seconded by Vice President Forsman. The motion passed unanimously. Councilor Anderson abstains due to employer conflict. The Ordinance passed unanimously. Abstains: Councilor Anderson stating employer conflict 47. 21-061-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY City of Duluth Page 11 City Council Minutes - Final December 20, 2021 TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2022. A motion was made by Councilor Anderson to pass this Ordinance. The motion was seconded by Councilor Anderson. The motion passed unanimously. This Ordinance was adopted unanimously. 48. 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 A motion was made by Councilor Medved to pass this Ordinance. The motion was seconded by Councilor Kennedy. The motion passed unanimously. This Ordinance was adopted as amended unanimously. BY COUNCILOR FILIPOVICH (PLANNING & ECONOMIC DEVELOPMENT) 49. 21-070-O AN ORDINANCE AUTHORIZING THE RELEASE OF A RESTRICTIVE COVENANT REGARDING A DETACHED ACCESSORY STRUCTURE ASSOCIATED WITH PROPERTY AT 422 NORTH 19TH AND A HALF AVENUE WEST Indexes: Attachments: Exhibit A_restrictive covenant A motion was made by Councilor Filipovich to pass this Ordinance. The motion was seconded by Councilor Kennedy. The motion passed unanimously. This Ordinance was adopted unanimously. BY VICE PRESIDENT FORSMAN (RECREATION, LIBRARIES & AUTHORITIES) 50. 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: City of Duluth Page 12 City Council Minutes - Final December 20, 2021 Attachments: Exhibit A-Legal Description Exhibit B-Map Exhibit C-Letter of Conformity Exhibit D- SLC EMV A motion was made by Councilor Tomanke to pass this Ordinance. The motion was seconded by Councilor Kennedy. The motion passed unanimously. This Ordinance was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS NOMINATION OF OFFICERS A motion was made by Councilor Anderson to nominate Vice President Forsman for President. A motion was made by President Van Nett to nominate Councilor Kennedy for Vice President. A motion was made by Councilor Medved to thank Councilors Filipovich and Sipress for the eight years of service on the Duluth City Council. All motions passed unanimously. ATTEST: CHELSEA J. HELMER, City Clerk Passed: December 20, 2021 Approved: December 21, 2021 EMILY LARSON, Mayor City of Duluth Page 13