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City Council

Regular Meeting

Duluth, MN · March 14, 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, March 14, 2022 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the March 10, 2022 Agenda Session and Special Council Meeting and March 14, 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 Gary Anderson, Councilor Azrin Awal, Councilor Mike Mayou, Councilor Roz Randorf, Councilor Terese Tomanek, Councilor Renee Van Nett, Vice President Janet Kennedy and President Arik Forsman Absent: 1- Noah Hobbs PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 22-024 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2022-02-28, Minutes City of Duluth Page 1 City Council Minutes - Final March 14, 2022 A motion was made by Councilor Mayou to approve the Minutes. The motion was seconded by Vice President Kennedy. The motion passed unanimously. The Minutes were approved unanimously. Absent: Councilor Hobbs REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 2. 22-023 Library Board Meeting Minutes Indexes: Attachments: January 2022 - Library Board 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 Tomanek to pass the Consent Agenda. The motion was seconded by Councilor Anderson. The motion passed unanimously. The Consent Agenda was passed unanimously. Absent: Councilor Hobbs BY COUNCILOR HOBBS (PURCHASING & LICENSING) 3. 22-0221R RESOLUTION AUTHORIZING PROFESSIONAL ENGINEERING SERVICES FROM SRF CONSULTING GROUP, INC. FOR DULUTH FIBER OPTIC EXPANSION PHASE II FOR AN AMOUNT NOT TO EXCEED $49,844.00. Indexes: Attachments: Professional Engineering Services Proposal This Resolution was adopted unanimously. Absent: Councilor Hobbs 4. 22-0222R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: City of Duluth Page 2 City Council Minutes - Final March 14, 2022 Attachments: Attachment A Attachment B Attachment C This Resolution was adopted unanimously. Absent: Councilor Hobbs 5. 22-0223R RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE COMBINATION WINE & BEER LICENSE TO VARIOUS LICENSEES Indexes: Attachments: Attachment-A Attachment-B This Resolution was adopted unanimously. Absent: Councilor Hobbs BY COUNCILOR VAN NETT (PERSONNEL) 6. 22-0220R RESOLUTION CONFIRMING THE APPOINTMENT OF NOAH HOBBS TO THE DULUTH PUBLIC UTILITIES COMMISSION. This Resolution was adopted unanimously. Absent: Councilor Hobbs BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 7. 22-0236R RESOLUTION AUTHORIZING AGREEMENT WITH THE DECC PERTAINING TO THE CUSTOMS & BORDER PROTECTION FACILITY. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Hobbs BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 8. 22-0229R RESOLUTION TO ESTABLISH A “NO PARKING” ZONE ON BOTH SIDES OF 21ST AVENUE EAST FROM LONDON ROAD TO WOODLAND AVENUE. Indexes: Attachments: 22-0229R Map This Resolution was adopted unanimously. Absent: Councilor Hobbs City of Duluth Page 3 City Council Minutes - Final March 14, 2022 9. 22-0230R RESOLUTION AWARDING A CONTRACT TO ELLINGSON TRENCHLESS LLC, DBA ECI CONTRACTING, FOR CONSTRUCTION OF THE 2022 GAS BLANKET PROJECT FOR MAINS AND SERVICES AT VARIOUS LOCATIONS IN THE AMOUNT OF $1,128,885. This Resolution was adopted unanimously. Absent: Councilor Hobbs BY COUNCILOR ANDERSON (PUBLIC SAFETY) 10. 22-0189R RESOLUTION AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY TO PERFORM POLICE SERVICES PURSUANT TO 2020 OPERATION STONEGARDEN GRANT OPERATIONS ORDER AND ACCEPTING REIMBURSEMENT THROUGH ST. LOUIS COUNTY IN THE AMOUNT OF $78,533. Indexes: Attachments: Exhibit A - Cover Sheet (nonpublic data) Exhibit B - Partner Agreement Exhibit C - Grant Agreement This Resolution was adopted unanimously. Absent: Councilor Hobbs 11. 22-0231R RESOLUTION AUTHORIZING A SOLE-SOURCE PURCHASE OF STRUCTURAL FIREFIGHTING TURNOUT GEAR FROM M & T FIRE AND SAFETY INC. IN THE AMOUNT OF $58,352. This Resolution was adopted unanimously. Absent: Councilor Hobbs BY COUNCILOR TOMANEK (RECREATION, LIBRARIES & AUTHORITIES) 12. 22-0224R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A REGIONAL TRAIL PROGRAM GRANT OF UP TO $300,000 FOR CONSTRUCTION OF A PORTION OF SEGMENT 6 OF THE CROSS CITY TRAIL. This Resolution was adopted unanimously. Absent: Councilor Hobbs 13. 22-0225R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A REGIONAL TRAIL PROGRAM GRANT OF UP TO $300,000 FOR REHABILITATION OF SNOWMOBILE INFRASTRUCTURE IN THE SPIRIT MOUNTAIN AREA. City of Duluth Page 4 City Council Minutes - Final March 14, 2022 This Resolution was adopted unanimously. Absent: Councilor Hobbs 14. 22-0226R RESOLUTION AUTHORIZING THE PROPOSED PURCHASE OF TAX-FORFEITED PARCELS FROM ST. LOUIS COUNTY PURSUANT TO MINN. STAT. § 282.01, SUBD. 1(a)(h) Indexes: Attachments: Exhibit 1 - Memo, Lists, Maps Exhibit 2 Tax Forfeit Selection Guidelines This Resolution was adopted unanimously. Absent: Councilor Hobbs 15. 22-0227R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR AN OUTDOOR RECREATION PROGRAM GRANT OF UP TO $300,000 FOR CONSTRUCTION OF A SKATE PARK AT GARY NEW DULUTH COMMUNITY RECREATION AREA. This Resolution was adopted unanimously. Absent: Councilor Hobbs END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY PRESIDENT FORSMAN (COMMITTEE OF THE WHOLE) 16. 22-0238R RESOLUTION ESTABLISHING CITY OF DULUTH ELECTION PRECINCTS Indexes: Attachments: Attachment A This Resolution was tabled. The following entitled ordinances are to be read for the first time: BY PRESIDENT FORSMAN (COMMITTEE OF THE WHOLE) City of Duluth Page 5 City Council Minutes - Final March 14, 2022 17. 22-015-O AN ORDINANCE AMENDING SECTION 2-42 OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO ASSIGNMENT OF ELECTION PRECINCTS. This Ordinance was read for the first time. BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 18. 22-013-O AN ORDINANCE REPEALING AND REPLACING SECTION 50-18.2, AND AMENDING SECTIONS 50-36, 50-37.9, 50-37.13 AND 50-41, RELATED TO AIRPORT OVERLAY ZONE DISTRICT. Indexes: Attachments: Attachment 1 50-18.2 Attachment 2 50-36 Attachment 3 50-37.9 Attachment 4 50-37.13 Attachment 5 41 Definitions Attachment 6 PL 21-210 Staff Report and Attachments Attachment 7 JAZB Document This Ordinance was read for the first time. The following entitled ordinances are to be read for the second time: BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 19. 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 tabled. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS ATTEST Ian B. Johnson, City Clerk City of Duluth Page 6 City Council Minutes - Final March 14, 2022 Passed on March 14, 2022 Approved on March 15, 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, March 14, 2022 7:00 PM Council Chamber NOTICE: The Duluth City Council will be holding the March 10, 2022 Agenda Session and Special Council Meeting and March 14, 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. 22-024 Meeting Minutes of the Duluth City Council Attachments: 2022-02-28, Minutes REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS City of Duluth Page 1 Printed on 3/11/2022 City Council Meeting Agenda - Final March 14, 2022 REPORTS OF BOARDS AND COMMISSIONS 2. 22-023 Library Board Meeting Minutes Attachments: January 2022 - Library Board Minutes REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA BY COUNCILOR HOBBS (PURCHASING & LICENSING) 3. 22-0221R RESOLUTION AUTHORIZING PROFESSIONAL ENGINEERING SERVICES FROM SRF CONSULTING GROUP, INC. FOR DULUTH FIBER OPTIC EXPANSION PHASE II FOR AN AMOUNT NOT TO EXCEED $49,844.00. Attachments: Professional Engineering Services Proposal 4. 22-0222R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Attachments: Attachment A Attachment B Attachment C 5. 22-0223R RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE COMBINATION WINE & BEER LICENSE TO VARIOUS LICENSEES Attachments: Attachment-A Attachment-B BY COUNCILOR VAN NETT (PERSONNEL) 6. 22-0220R RESOLUTION CONFIRMING THE APPOINTMENT OF NOAH HOBBS TO THE DULUTH PUBLIC UTILITIES COMMISSION. BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 7. 22-0236R RESOLUTION AUTHORIZING AGREEMENT WITH THE DECC PERTAINING TO THE CUSTOMS & BORDER PROTECTION FACILITY. Attachments: Exhibit A City of Duluth Page 2 Printed on 3/11/2022 City Council Meeting Agenda - Final March 14, 2022 BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 8. 22-0229R RESOLUTION TO ESTABLISH A “NO PARKING” ZONE ON BOTH SIDES OF 21ST AVENUE EAST FROM LONDON ROAD TO WOODLAND AVENUE. Attachments: 22-0229R Map 9. 22-0230R RESOLUTION AWARDING A CONTRACT TO ELLINGSON TRENCHLESS LLC, DBA ECI CONTRACTING, FOR CONSTRUCTION OF THE 2022 GAS BLANKET PROJECT FOR MAINS AND SERVICES AT VARIOUS LOCATIONS IN THE AMOUNT OF $1,128,885. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 10. 22-0189R RESOLUTION AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY TO PERFORM POLICE SERVICES PURSUANT TO 2020 OPERATION STONEGARDEN GRANT OPERATIONS ORDER AND ACCEPTING REIMBURSEMENT THROUGH ST. LOUIS COUNTY IN THE AMOUNT OF $78,533. Attachments: Exhibit A - Cover Sheet (nonpublic data) Exhibit B - Partner Agreement Exhibit C - Grant Agreement 11. 22-0231R RESOLUTION AUTHORIZING A SOLE-SOURCE PURCHASE OF STRUCTURAL FIREFIGHTING TURNOUT GEAR FROM M & T FIRE AND SAFETY INC. IN THE AMOUNT OF $58,352. BY COUNCILOR TOMANEK (RECREATION, LIBRARIES & AUTHORITIES) 12. 22-0224R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A REGIONAL TRAIL PROGRAM GRANT OF UP TO $300,000 FOR CONSTRUCTION OF A PORTION OF SEGMENT 6 OF THE CROSS CITY TRAIL. 13. 22-0225R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A REGIONAL TRAIL PROGRAM GRANT OF UP TO $300,000 FOR REHABILITATION OF SNOWMOBILE INFRASTRUCTURE IN THE SPIRIT MOUNTAIN AREA. 14. 22-0226R RESOLUTION AUTHORIZING THE PROPOSED PURCHASE OF TAX-FORFEITED PARCELS FROM ST. LOUIS COUNTY PURSUANT TO MINN. STAT. § 282.01, SUBD. 1(a)(h) Attachments: Exhibit 1 - Memo, Lists, Maps Exhibit 2 Tax Forfeit Selection Guidelines 15. 22-0227R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR AN OUTDOOR City of Duluth Page 3 Printed on 3/11/2022 City Council Meeting Agenda - Final March 14, 2022 RECREATION PROGRAM GRANT OF UP TO $300,000 FOR CONSTRUCTION OF A SKATE PARK AT GARY NEW DULUTH COMMUNITY RECREATION AREA. END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY PRESIDENT FORSMAN (COMMITTEE OF THE WHOLE) 16. 22-0238R RESOLUTION ESTABLISHING CITY OF DULUTH ELECTION PRECINCTS Attachments: Attachment A The following entitled ordinances are to be read for the first time: BY PRESIDENT FORSMAN (COMMITTEE OF THE WHOLE) 17. 22-015-O AN ORDINANCE AMENDING SECTION 2-42 OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO ASSIGNMENT OF ELECTION PRECINCTS. BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 18. 22-013-O AN ORDINANCE REPEALING AND REPLACING SECTION 50-18.2, AND AMENDING SECTIONS 50-36, 50-37.9, 50-37.13 AND 50-41, RELATED TO AIRPORT OVERLAY ZONE DISTRICT. Attachments: Attachment 1 50-18.2 Attachment 2 50-36 Attachment 3 50-37.9 Attachment 4 50-37.13 Attachment 5 41 Definitions Attachment 6 PL 21-210 Staff Report and Attachments Attachment 7 JAZB Document The following entitled ordinances are to be read for the second time: BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 19. 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 City of Duluth Page 4 Printed on 3/11/2022 City Council Meeting Agenda - Final March 14, 2022 Attachments: Attachment 1 50-19.8 Use Table Attachment 2 PL 22-010 Feb 8 2022 PC Memo COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 5 Printed on 3/11/2022

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