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, May 9, 2022 7:00 PM Council Chamber ROLL CALL Present: 7- Councilor Gary Anderson, Councilor Azrin Awal, Noah Hobbs, Councilor Mike Mayou, Councilor Roz Randorf, Vice President Janet Kennedy and President Arik Forsman Absent: 2- Councilor Terese Tomanek and Councilor Renee Van Nett PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 22-036 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2022-04-25, Minutes A motion was made by Councilor Hobbs to approve the Minutes. The motion was seconded by Vice President Kennedy. The motion passed unanimously. The Minutes were approved unanimously. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS City of Duluth Page 1 City Council Minutes - Final May 9, 2022 2. 22-035 Commission on Disabilities Meeting Minutes Indexes: Attachments: January 2022 - Commission on Disabilities Minutes February 2022 - Commission on Disablities Minutes This Board or Commission Report was received. 3. 22-037 Housing and Redevelopment Authority of Duluth Meeting Minutes Indexes: Attachments: February 2022 - HRA Minutes This Board or Commission Report was received. 4. 22-038 Library Board Meeting Minutes Indexes: Attachments: February 2022 - Library Board Minutes March 2022 - Library Board Minutes This Board or Commission Report was received. 5. 22-039 Human Rights Commission Meeting Minutes Indexes: Attachments: January 2022 - HRC Minutes March 2022 - HRC Minutes This Board or Commission Report was received. 6. 22-040 Duluth Seaway Port Authority Meeting Minutes Indexes: Attachments: January 2022 - Duluth Seaway Port Authority Minutes March 2022 - Duluth Seaway Port Authority Minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD City of Duluth Page 2 City Council Minutes - Final May 9, 2022 CONSENT AGENDA BY VICE PRESIDENT KENNEDY (FINANCE) 7. 22-0376R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE DULUTH ENTERTAINMENT AND CONVENTION CENTER (DECC) AUTHORIZING CITY LEGAL STAFF TO PROVIDE LIMITED PROFESSIONAL LEGAL SERVICES TO THE DECC AND FOR THE CITY TO BE PAID FOR SUCH SERVICES AS AUTHORIZED BY MINNESOTA LAW. Indexes: Attachments: Document A This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett BY COUNCILOR VAN NETT (PERSONNEL) 8. 22-0378R RESOLUTION CONFIRMING THE APPOINTMENT OF CARLY JANDL AND WES DRUMMOND TO THE DULUTH PUBLIC ARTS COMMISSION. This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 9. 22-0394R RESOLUTION CONFIRMING THE APPOINTMENT OF IAN B. JOHNSON AS CITY CLERK. This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 10. 22-0368R RESOLUTION OF SUPPORT FOR ONE ROOF COMMUNITY HOUSING ORGANIZATION’S REQUEST FOR LOW INCOME HOUSING TAX CREDITS, CONDITIONAL COMMITMENT OF UP TO $4,500,000 OF AMERICAN RESCUE PLAN ACT FUNDING AND INTENT TO APPROVE A TAX INCREMENT FINANCE PLAN BY THE DULUTH HRA TO PROVIDE UP TO $975,000 FOR CONSTRUCTION OF THE 70 - 84 UNIT BRAE VIEW SENIOR HOUSING DEVELOPMENT. Indexes: Attachments: Location Map_Brae View This Resolution was adopted unanimously. City of Duluth Page 3 City Council Minutes - Final May 9, 2022 Absent: Councilors Tomanek and Van Nett Abstain: Councilor Hobbs due to employer conflict 11. 22-0369R RESOLUTION OF SUPPORT FOR CENTER CITY HOUSING CORPORATION’S REQUEST FOR LOW INCOME HOUSING TAX CREDITS, CONDITIONAL COMMITMENT OF UP TO $1,750,000 OF AMERICAN RESCUE PLAN ACT FUNDING AND A CONDITIONAL PRE-COMMITMENT OF $300,000 FISCAL YEAR 2023 COMMUNITY DEVELOPMENT FUNDING FOR THE CONSTRUCTION OF THE 60 UNIT WADENA WEST PROJECT. Indexes: Attachments: 2023_Precommitment_Resolution-Wadena_West Location Map_Wadena West This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 12. 22-0370R RESOLUTION OF SUPPORT FOR AMERICAN INDIAN COMMUNITY HOUSING ORGANIZATION AND BLUELINE DEVELOPMENT, INC’S REQUEST FOR LOW INCOME HOUSING TAX CREDITS AND A CONDITIONAL PRE-COMMITMENT OF $300,000 FISCAL YEAR 2023 COMMUNITY DEVELOPMENT FUNDING FOR THE CONSTRUCTION OF A 60 UNIT AFFORDABLE MULTIFAMILY APARTMENT BUILDING. Indexes: Attachments: 2023_Precommitment_Resolution-AICHO Location Map_AICHO project This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 13. 22-0371R RESOLUTION OF SUPPORT FOR ARTSPACE PROJECTS INC.'S REQUEST FOR LOW INCOME HOUSING TAX CREDITS AND THE CONDITIONAL COMMITMENT OF UP TO $1,800,000 OF AMERICAN RESCUE PLAN ACT FUNDING FOR THE REHABILITATION AND EXPANSION OF THE EXISTING WASHINGTON STUDIOS PROPERTY. Indexes: Attachments: Location Map_Washington Studios This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 14. 22-0372R RESOLUTION OF SUPPORT FOR FAITH HAVEN, INC’S REQUEST FOR LOW INCOME HOUSING TAX CREDITS AND A CONDITIONAL PRE-COMMITMENT OF $200,000 FISCAL YEAR 2023 COMMUNITY DEVELOPMENT FUNDING FOR THE REHABILITATION OF THE EXISTING 124 UNIT FAITH HAVEN SENIOR LIVING FACILITY. City of Duluth Page 4 City Council Minutes - Final May 9, 2022 Indexes: Attachments: 2023_Precommitment_Resolution-Faith_Haven Location Map_Faith Haven This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 15. 22-0373R RESOLUTION OF SUPPORT FOR LASALLE DEVELOPMENT GROUP’S REQUEST FOR LOW INCOME HOUSING TAX CREDITS AND INTENT TO APPROVE A TAX INCREMENT FINANCE PLAN BY THE DULUTH HRA TO PROVIDE UP TO $1,500,000 FOR CONSTRUCTION OF THE 112 UNIT TAPESTRY SENIOR HOUSING DEVELOPMENT. Indexes: Attachments: Location Map_Tapestry Sr This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 16. 22-0374R RESOLUTION OF SUPPORT FOR THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA’S REQUEST FOR LOW INCOME HOUSING TAX CREDITS FOR THE CONSTRUCTION OF A 40 UNIT AFFORDABLE MULTIFAMILY HOUSING PROJECT. Indexes: Attachments: Location Map_HH PH VI This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 17. 22-0391R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR RECREATIONAL, WALKWAY, AND TRAIL PURPOSES FROM ULLAND BROTHERS, INC. OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE DULUTH HEIGHTS NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 18. 22-0392R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR RECREATIONAL, WALKWAY, AND TRAIL PURPOSES FROM DULUTH GOSPEL TABERNACLE OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE DULUTH HEIGHTS NEIGHBORHOOD FOR NOMINAL CONSIDERATION. City of Duluth Page 5 City Council Minutes - Final May 9, 2022 Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 19. 22-0393R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR A RECREATIONAL TRAIL FROM INDEPENDENT SCHOOL DISTRICT NO. 709 OVER, UNDER, AND ACROSS PROPERTY LOCATED IN THE DULUTH HEIGHTS NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 20. 22-0407R RESOLUTION RESCINDING RESOLUTION NO. 21-0307 AND AUTHORIZING FIRST AMENDMENT TO CITY CONTRACT NO. 23888 WITH SMDC FOR THE CONSTRUCTION OF THE NEW PARKING RAMP IN THE REGIONAL EXCHANGE DISTRICT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 21. 22-0359R RESOLUTION RENEWING JOINT POWERS AGREEMENT C20604 WITH DULUTH ENTERTAINMENT AND CONVENTION CENTER AUTHORITY FOR THE OPERATION OF MINNESOTA SLIP PEDESTRIAN DRAW BRIDGE DURING YEAR 2022 FOR AN AMOUNT NOT TO EXCEED $43,490.62. This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 22. 22-0360R RESOLUTION AUTHORIZING A CONTRACT WITH HANCO UTILITIES, INC., FOR THE REPAIR OF MANHOLES FOR DULUTH ENERGY SYSTEMS IN 2022 FOR AN AMOUNT NOT TO EXCEED $224,275. This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 23. 22-0384R RESOLUTION AUTHORIZING THE CITY OF DULUTH TO APPLY FOR, City of Duluth Page 6 City Council Minutes - Final May 9, 2022 AND ACCEPT IF AWARDED, A GRANT WITH THE GREAT LAKES COMMISSION: GREAT LAKES SEDIMENT AND NUTRIENT REDUCTION PROGRAM, TO CONSTRUCT A BIOFILTRATION BASIN IN IRVING PARK. Indexes: Attachments: 22-0384R Proposal This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 24. 22-0386R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, INC. FOR CONSTRUCTION OF THE HIDDEN VALLEY PHASE 2 WATER MAIN REPLACEMENT AND STREET PRESERVATION PROJECT IN THE AMOUNT OF $2,347,400.00. Indexes: Attachments: 22-0386R Map This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 25. 22-0387R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, INC FOR THE EAST FIRST STREET AND EAST FIRST STREET ALLEY RECONSTRUCTION PROJECT IN THE AMOUNT OF $3,119,500.00. Indexes: Attachments: 22-0387R Map This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 26. 22-0388R RESOLUTION AWARDING A CONTRACT TO KGM CONTRACTORS, INC. FOR THE 2022 STREET PRESERVATION PROJECT IN THE AMOUNT OF $3,094,427.77. Indexes: Attachments: 22-0388R Maps This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 27. 22-0389R RESOLUTION AGREEING TO SPONSOR A MARITIME ADMINISTRATION, DOT MA-PID-22-001 2022 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM GRANT FOR HALLETT DOCK 7 AT A PROJECT COSTING UP TO $12.85 MILLION. Indexes: City of Duluth Page 7 City Council Minutes - Final May 9, 2022 Attachments: 22-0389R Map 22-0389R MOU This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 28. 22-0390R RESOLUTION ORDERING THE CONSTRUCTION OF A SANITARY SEWER EXTENSION WITHIN THE EXISTING UTILITY EASEMENT TO SERVE THE OWNERS AT 3112 AND 3118 EAST FIRST STREET AND TO ASSESS THE COSTS THEREOF. Indexes: Attachments: 22-0390R Map 22-0390R Memo to Council This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett BY COUNCILOR ANDERSON (PUBLIC SAFETY) 29. 22-0385R 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 - TFA This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett BY COUNCILOR TOMANEK (RECREATION, LIBRARIES & AUTHORITIES) 30. 22-0375R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30627 WITH MINNESOTA LAND TRUST FOR PROFESSIONAL SERVICES FOR THE GRASSY POINT RESTORATION PROJECT TO INCREASE THE AGREEMENT AMOUNT FROM $35,000 TO THE CORRECT AMOUNT OF $45,000 Indexes: Attachments: EXHIBIT A This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett 31. 22-0377R RESOLUTION ACCEPTING REIMBURSEMENT MONEY IN THE AMOUNT OF $42,000 FROM THE ARROWHEAD LIBRARY SYSTEM City of Duluth Page 8 City Council Minutes - Final May 9, 2022 FOR THE PURCHASE OF LIBRARY MATERIALS. This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett END OF CONSENT AGENDA The following entitled ordinances are to be read for the second time: BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 32. 22-020-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A PERMANENT EASEMENT TO THE COUNTY OF SAINT LOUIS, MINNESOTA FOR HIGHWAY PURPOSES OVER REAL PROPERTY ON THE NORTH SHORE FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: Councilors Tomanek and Van Nett COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS ATTEST: Ian B. Johnson, City Clerk Passed on May 9, 2022 Approved on May 10, 2022 Emily Larson, Mayor City of Duluth Page 9