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City Council

Regular Meeting

Duluth, MN · February 28, 2022

AgendaMinutes

Minutes

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, February 28, 2022 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the February 24, 2022 Agenda Session and February 28, 2022 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: 8- Councilor Azrin Awal, Councilor Gary Anderson, Councilor Mike Mayou, Councilor Roz Randorf, Councilor Terese Tomanek, Councilor Renee Van Nett, President Arik Forsman and Vice President Janet Kennedy PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 22-017 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2022-02-14, Minutes A motion was made by Councilor Tomanek to approve the Minutes. The motion City of Duluth Page 1 City Council Minutes - Final February 28, 2022 was seconded by Councilor Mayou. The motion passed unanimously. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 2. 22-018 Duluth Seaway Port Authority Meeting Minutes Indexes: Attachments: October 2021 - Seaway Port Authority Minutes December 2021 - Seaway Port Authority Minutes This Board or Commission Report was received. 3. 22-019 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: January 2021 - DPUC Minutes This Board or Commission Report was received. 4. 22-020 Duluth Citizen Review Board Meeting Minutes Indexes: Attachments: November 2021 - CRB Minutes October 2021 - CRB Minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA A motion was made by Councilor Anderson to pass the Consent Agenda. The motion was seconded by Vice President Kennedy. The motion passed unanimously. BY VICE PRESIDENT KENNEDY (FINANCE) 5. 22-0167R RESOLUTION APPROVING A COLLECTIVE BARGAINING City of Duluth Page 2 City Council Minutes - Final February 28, 2022 AGREEMENT BETWEEN THE CITY OF DULUTH AND DULUTH POLICE UNION LOCAL 807 FOR THE YEARS 2021-2023. Indexes: Attachments: Exhibit A- 2021-2023 CBA Duluth Police Union Local 807 -FINAL Exhibit B - 2021-2023 Duluth Police Union Local 807 CBA -Changes from 2020 redlined This Resolution was adopted unanimously. 6. 22-0175R RESOLUTION AUTHORIZING 2022- 2023 DENVER AIR SERVICE GRANT FUNDING AGREEMENT WITH DULUTH AIRPORT AUTHORITY AND PAYMENT OF $100,000. Indexes: Attachments: DAA -City of Duluth Denver Air Service Grant Funding Agreement - Signed by DAA This Resolution was adopted unanimously. BY COUNCILOR VAN NETT (PERSONNEL) 7. 22-0188R RESOLUTION CONFIRMING THE REAPPOINTMENT OF MEMBERS TO CITY OF DULUTH BOARDS AND COMMISSIONS. Indexes: Attachments: 2022 Spring Reappointments This Resolution was adopted unanimously. 8. 22-0194R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF FINANCIAL SYSTEMS SPECIALIST, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 9. 22-0171R RESOLUTION APPROVING DEDA RESOLUTION 22D-09 AUTHORIZING A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERING SYSTEMS INC. TO EXPAND THE SCOPE OF WORK, INCREASE THE CONTRACT AMOUNT BY $155,000 FOR A NEW TOTAL AMOUNT NOT TO EXCEED $183,000, AND EXTEND THE TERMINATION DATE TO DECEMBER 31, 2022. Indexes: City of Duluth Page 3 City Council Minutes - Final February 28, 2022 Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR MEDVED (PUBLIC WORKS & UTILITIES) 10. 22-0170R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF SERVICE CHILLER REPAIRS FROM TRANE IN THE TOTAL AMOUNT OF $198,990.00. This Resolution was adopted unanimously. 11. 22-0198R RESOLUTION AUTHORIZING A FIVE-YEAR LEASE AGREEMENT WITH LEASE SERVICING CENTER, INC. DBA NCL GOVERNMENT CAPITAL FOR ONE STREET SWEEPER FOR A TOTAL LEASE AMOUNT NOT TO EXCEED $298,194.40. This Resolution was adopted unanimously. 12. 22-0199R RESOLUTION AUTHORIZING THE PURCHASE OF A NEW 2022 ELGIN PELICAN STREET SWEEPER FROM MACQUEEN EQUIPMENT IN THE AMOUNT OF $266,429.00. This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 13. 22-0174R RESOLUTION AUTHORIZING THE PURCHASE OF SIX (6) 2022 FORD INTERCEPTORS FROM TENVOORDE MOTOR CO. IN THE AMOUNT OF $225,518.28. This Resolution was adopted unanimously. 14. 22-0195R RESOLUTION AUTHORIZING AGREEMENT WITH THE UNITED STATES MARSHALS SERVICE FOR PARTICIPATION IN A SHORT-TERM JOINT OPERATION AND ACCEPTING REIMBURSEMENT MONIES FOR OVERTIME EXPENSES. Indexes: Attachments: Document A This Resolution was adopted unanimously. BY COUNCILOR TOMANEK (RECREATION, LIBRARIES & AUTHORITIES) City of Duluth Page 4 City Council Minutes - Final February 28, 2022 15. 22-0176R RESOLUTION AMENDING RESOLUTION 21-0181R AUTHORIZING APPLICATION TO THE LEGISLATIVE CITIZENS COMMISSION ON MINNESOTA RESOURCES (LCCMR) FOR FUNDS FROM THE ENVIRONMENTAL AND NATURAL RESOURCES TRUST FUND IN THE AMOUNT OF $2,000,000 TO INTEGRATE THREE ST LOUIS RIVER CORRIDOR MASTER PLANS AND BEGIN COMPREHENSIVE DEVELOPMENT FOR RECREATION, OUTREACH, TOURISM, AND ENVIRONMENTAL PRESERVATION This Resolution was adopted unanimously. 16. 22-0181R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES PROTECT COMMUNITY FORESTS EAB GRANT PROGRAM TO PROVIDE FUNDS UP TO $150,000 TO REMOVE AND REPLACE DISEASED BOULEVARD ASH TREES. This Resolution was adopted unanimously. 17. 22-0191R RESOLUTION AUTHORIZING A THREE-YEAR LEASE AGREEMENT WITH ARROWHEAD YOUTH SOCCER ASSOCIATION FOR USE OF OFFICE SPACE IN THE WHEELER FIELDHOUSE FOR ITS OPERATIONAL HEADQUARTERS. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. 18. 22-0193R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR ACCESS AND USE OF CITY PROPERTY IN CONNECTION WITH AN ENVIRONMENTAL CLEAN-UP PROJECT AT AND AROUND MUNGER LANDING. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. END OF CONSENT AGENDA City of Duluth Page 5 City Council Minutes - Final February 28, 2022 The following entitled resolutions are also to be considered: BY COUNCILOR VAN NETT (PERSONNEL) 19. 22-0204R RESOLUTION APPOINTING NOAH HOBBS TO FILL THE VACANCY OF THE AT LARGE CITY COUNCIL SEAT A motion was made by Councilor Van Nett to amend this Resolution. The motion was seconded by Councilor Tomanek. The motion passed unanimously. A motion was made by Councilor Van Nett to pass this Resolution as amended. The motion was seconded by Councilor Tomanek. The motion passed unanimously. ORDINANCES TABLED BY COUNCILOR VAN NETT (PERSONNEL) 20. 22-008-O ORDINANCE AMENDING SECTION 2-2.3 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING MINIMUM JOB QUALIFICATIONS FOR DEPUTY FIRE CHIEFS. A motion was made by Councilor Anderson to remove this Ordinance from the table. The motion was seconded by Councilor Mayou. The motion passed unanimously. A motion was made by Councilor Anderson to pass this Ordinance. The motion was seconded by Councilor Mayou. The motion passed unanimously. The following entitled ordinances are to be read for the first time: BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 21. 22-012-O AN ORDINANCE AMENDING SECTIONS 50-19.8, 50-20.3, AND 50-41, RELATED TO THREE NEW LAND USES: AUTOMOBILE AND LIGHT VEHICLE IMPOUND LOT, CAR WASH, AND COMMERCIAL SUPPORT SERVICES Indexes: Attachments: Attachment 1 50-19.8 Use Table Attachment 2 PL 22-010 Feb 8 2022 PC Memo This Ordinance was read for the first time. City of Duluth Page 6 City Council Minutes - Final February 28, 2022 The following entitled ordinances are to be read for the second time: BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 22. 22-009-O AN ORDINANCE GRANTING SAINT LOUIS COUNTY PROPERTY MANAGEMENT (THE DEPOT) A CONCURRENT USE PERMIT FOR CANOPY IMPROVEMENTS IN THE PLATTED STREET RIGHT OF WAY OF WEST MICHIGAN STREET ADJACENT TO 506 WEST MICHIGAN STREET. Indexes: Attachments: Exhibit A Exhibit B This Ordinance was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS ATTEST: Ian B. Johnson, City Clerk Passed on February 28, 2022 Approved on March 1, 2022 EMILY LARSON, Mayor City of Duluth Page 7

Agenda

411 West First Street City of Duluth Duluth, Minnesota 55802 Meeting Agenda - 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, February 28, 2022 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the February 24, 2022 Agenda Session and February 28, 2022 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 PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 22-017 Meeting Minutes of the Duluth City Council Attachments: 2022-02-14, Minutes REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS City of Duluth Page 1 Printed on 2/25/2022 City Council Meeting Agenda - Final February 28, 2022 REPORTS OF BOARDS AND COMMISSIONS 2. 22-018 Duluth Seaway Port Authority Meeting Minutes Attachments: October 2021 - Seaway Port Authority Minutes December 2021 - Seaway Port Authority Minutes 3. 22-019 Duluth Public Utilities Commission Meeting Minutes Attachments: January 2021 - DPUC Minutes 4. 22-020 Duluth Citizen Review Board Meeting Minutes Attachments: November 2021 - CRB Minutes October 2021 - CRB Minutes REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA BY VICE PRESIDENT KENNEDY (FINANCE) 5. 22-0167R RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND DULUTH POLICE UNION LOCAL 807 FOR THE YEARS 2021-2023. Attachments: Exhibit A- 2021-2023 CBA Duluth Police Union Local 807 -FINAL Exhibit B - 2021-2023 Duluth Police Union Local 807 CBA -Changes from 2020 redlined 6. 22-0175R RESOLUTION AUTHORIZING 2022- 2023 DENVER AIR SERVICE GRANT FUNDING AGREEMENT WITH DULUTH AIRPORT AUTHORITY AND PAYMENT OF $100,000. Attachments: DAA -City of Duluth Denver Air Service Grant Funding Agreement - Signed by DAA BY COUNCILOR VAN NETT (PERSONNEL) 7. 22-0188R RESOLUTION CONFIRMING THE REAPPOINTMENT OF MEMBERS TO CITY OF DULUTH BOARDS AND COMMISSIONS. Attachments: 2022 Spring Reappointments 8. 22-0194R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF FINANCIAL SYSTEMS SPECIALIST, AND SPECIFYING CONTRACT BENEFITS FOR SAME. City of Duluth Page 2 Printed on 2/25/2022 City Council Meeting Agenda - Final February 28, 2022 Attachments: Exhibit A BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 9. 22-0171R RESOLUTION APPROVING DEDA RESOLUTION 22D-09 AUTHORIZING A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERING SYSTEMS INC. TO EXPAND THE SCOPE OF WORK, INCREASE THE CONTRACT AMOUNT BY $155,000 FOR A NEW TOTAL AMOUNT NOT TO EXCEED $183,000, AND EXTEND THE TERMINATION DATE TO DECEMBER 31, 2022. Attachments: Exhibit A BY COUNCILOR MEDVED (PUBLIC WORKS & UTILITIES) 10. 22-0170R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF SERVICE CHILLER REPAIRS FROM TRANE IN THE TOTAL AMOUNT OF $198,990.00. 11. 22-0198R RESOLUTION AUTHORIZING A FIVE-YEAR LEASE AGREEMENT WITH LEASE SERVICING CENTER, INC. DBA NCL GOVERNMENT CAPITAL FOR ONE STREET SWEEPER FOR A TOTAL LEASE AMOUNT NOT TO EXCEED $298,194.40. 12. 22-0199R RESOLUTION AUTHORIZING THE PURCHASE OF A NEW 2022 ELGIN PELICAN STREET SWEEPER FROM MACQUEEN EQUIPMENT IN THE AMOUNT OF $266,429.00. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 13. 22-0174R RESOLUTION AUTHORIZING THE PURCHASE OF SIX (6) 2022 FORD INTERCEPTORS FROM TENVOORDE MOTOR CO. IN THE AMOUNT OF $225,518.28. 14. 22-0195R RESOLUTION AUTHORIZING AGREEMENT WITH THE UNITED STATES MARSHALS SERVICE FOR PARTICIPATION IN A SHORT-TERM JOINT OPERATION AND ACCEPTING REIMBURSEMENT MONIES FOR OVERTIME EXPENSES. Attachments: Document A BY COUNCILOR TOMANEK (RECREATION, LIBRARIES & AUTHORITIES) 15. 22-0176R RESOLUTION AMENDING RESOLUTION 21-0181R AUTHORIZING APPLICATION TO THE LEGISLATIVE CITIZENS COMMISSION ON MINNESOTA RESOURCES (LCCMR) FOR FUNDS FROM THE ENVIRONMENTAL AND NATURAL RESOURCES TRUST FUND IN THE AMOUNT OF $2,000,000 TO INTEGRATE THREE ST LOUIS RIVER CORRIDOR MASTER PLANS AND BEGIN COMPREHENSIVE DEVELOPMENT FOR RECREATION, OUTREACH, TOURISM, AND City of Duluth Page 3 Printed on 2/25/2022 City Council Meeting Agenda - Final February 28, 2022 ENVIRONMENTAL PRESERVATION 16. 22-0181R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES PROTECT COMMUNITY FORESTS EAB GRANT PROGRAM TO PROVIDE FUNDS UP TO $150,000 TO REMOVE AND REPLACE DISEASED BOULEVARD ASH TREES. 17. 22-0191R RESOLUTION AUTHORIZING A THREE-YEAR LEASE AGREEMENT WITH ARROWHEAD YOUTH SOCCER ASSOCIATION FOR USE OF OFFICE SPACE IN THE WHEELER FIELDHOUSE FOR ITS OPERATIONAL HEADQUARTERS. Attachments: Exhibit 1.pdf 18. 22-0193R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR ACCESS AND USE OF CITY PROPERTY IN CONNECTION WITH AN ENVIRONMENTAL CLEAN-UP PROJECT AT AND AROUND MUNGER LANDING. Attachments: Exhibit 1.pdf END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR VAN NETT (PERSONNEL) 19. 22-0204R RESOLUTION APPOINTING ___________________ TO FILL THE VACANCY OF THE AT LARGE CITY COUNCIL SEAT ORDINANCES TABLED BY COUNCILOR VAN NETT (PERSONNEL) 20. 22-008-O ORDINANCE AMENDING SECTION 2-2.3 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING MINIMUM JOB QUALIFICATIONS FOR DEPUTY FIRE CHIEFS. Legislative History 1/24/22 City Council read for the first time 2/14/22 City Council tabled The following entitled ordinances are to be read for the first time: BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 21. 22-012-O AN ORDINANCE AMENDING SECTIONS 50-19.8, 50-20.3, AND 50-41, RELATED TO THREE NEW LAND USES: AUTOMOBILE AND LIGHT City of Duluth Page 4 Printed on 2/25/2022 City Council Meeting Agenda - Final February 28, 2022 VEHICLE IMPOUND LOT, CAR WASH, AND COMMERCIAL SUPPORT SERVICES Attachments: Attachment 1 50-19.8 Use Table Attachment 2 PL 22-010 Feb 8 2022 PC Memo The following entitled ordinances are to be read for the second time: BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 22. 22-009-O AN ORDINANCE GRANTING SAINT LOUIS COUNTY PROPERTY MANAGEMENT (THE DEPOT) A CONCURRENT USE PERMIT FOR CANOPY IMPROVEMENTS IN THE PLATTED STREET RIGHT OF WAY OF WEST MICHIGAN STREET ADJACENT TO 506 WEST MICHIGAN STREET. Attachments: Exhibit A Exhibit B Legislative History 2/14/22 City Council read for the first time COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 5 Printed on 2/25/2022

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