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, June 13, 2022 7:00 PM Council Chamber ROLL CALL Present: 7- Councilor Gary Anderson, Councilor Azrin Awal, Noah Hobbs, Councilor Mike Mayou, Councilor Roz Randorf, Councilor Terese Tomanek and Vice President Janet Kennedy Absent: 1- President Arik Forsman PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 22-044 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2022-05-23, Minutes These Minutes were approved. PUBLIC HEARING REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS City of Duluth Page 1 City Council Minutes - Final June 13, 2022 2. 22-045 Housing and Redevelopment Authority of Duluth Meeting Minutes Indexes: Attachments: March 2022 - HRA Minutes April 2022 - HRA Minutes This Board or Commission Report was received. 3. 22-046 Library Board Meeting Minutes Indexes: Attachments: April 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 BY COUNCILOR HOBBS (PURCHASING & LICENSING) 4. 22-0475R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSES OF VARIOUS LICENSEES. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: President Forsman 5. 22-0476R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: President Forsman 6. 22-0477R RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE AND ON SALE SUNDAY LICENSE City of Duluth Page 2 City Council Minutes - Final June 13, 2022 TO MARGARITAS, LLC (MARGARITAS) - 4602 GRAND AVENUE Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: President Forsman 7. 22-0478R RESOLUTION APPROVING ISSUANCE OF AN ON SALE WINE LICENSE AND ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: President Forsman 8. 22-0479R RESOLUTION APPROVING THE TRANSFER OF THE OFF SALE INTOXICATING LIQUOR LICENSE FROM LOISELLE’S LIQUOR STORE TO LAKE SUPERIOR LIQUOR CABINET COMPANY (LAKE SUPERIOR LIQUOR CABINET), 413 EAST 4TH STREET Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: President Forsman BY COUNCILOR FORSMAN (PERSONNEL) 9. 22-0466R RESOLUTION CONFIRMING THE APPOINTMENT OF SHAUNA MAUER AND SARAH BEEHLER TO THE PARKS AND RECREATION COMMISSION This Resolution was adopted unanimously. Absent: President Forsman 10. 22-0467R RESOLUTION CONFIRMING THE REAPPOINTMENT OF JEFF ANDERSON TO THE DULUTH AIRPORT AUTHORITY. This Resolution was adopted unanimously. Absent: President Forsman 11. 22-0488R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF POLICE PROJECT COORDINATOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME. City of Duluth Page 3 City Council Minutes - Final June 13, 2022 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: President Forsman 12. 22-0510R RESOLUTION ESTABLISHING A PROCEDURE FOR SELECTING A CANDIDATE TO FILL THE VACANCY OF THE FOURTH DISTRICT SEAT. This Resolution was adopted unanimously. Absent: President Forsman 13. 22-0511R RESOLUTION CONFIRMING THE APPOINTMENT OF COUNCILOR TERESE TOMANEK TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY REPLACING COUNCILOR RENEE VAN NETT. This Resolution was adopted unanimously. Absent: President Forsman BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 14. 22-0485R RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DULUTH AND FATHERS RISE TOGETHER FOR THE DEMOLITION AND DEVELOPMENT OF 319 NORTH 28TH AVENUE WEST. Indexes: Attachments: Exhibit A_Development Agreement This Resolution was adopted unanimously. Absent: President Forsman 15. 22-0489R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL PROPERTY IN THE FAIRMOUNT NEIGHBORHOOD. Indexes: Attachments: Exhibit A-Resolution of Intent.pdf Exhibit B-Resolution of Intent.pdf This Resolution was adopted unanimously. Absent: President Forsman 16. 22-0499R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL PROPERTY IN THE FAIRMOUNT NEIGHBORHOOD. Indexes: City of Duluth Page 4 City Council Minutes - Final June 13, 2022 Attachments: Exhibit A-Resolution of Intent.pdf Exhibit B-Resolution of Intent.pdf This Resolution was adopted unanimously. Absent: President Forsman 17. 22-0506R RESOLUTION VACATING UNIMPROVED PLATTED STREETS AND EASEMENTS IN CONJUNCTION WITH THE REPLATTING OF THE LAND INTO THE KARA-MIA ADDITION PLAT NEAR PALM STREET AND BLACKMAN AVENUE. Indexes: Attachments: Attachment 1 Attachment 2 This Resolution was adopted unanimously. Absent: President Forsman 18. 22-0507R RESOLUTION RESCINDING RESOLUTION NO. 22-0421 AND VACATING A 16-FOOT WIDE ALLEY LYING BETWEEN BLOCKS 6 AND 11 IN THE PLAT OF DODGE’S ADDITION TO DULUTH. Indexes: Attachments: Exhibit A.pdf Exhibit B.pdf Exhibit C.pdf This Resolution was adopted unanimously. Absent: President Forsman BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 19. 22-0451R RESOLUTION AUTHORIZING A MASTER PARTNERSHIP AGREEMENT WITH MNDOT TO COOPERATIVELY PROVIDE ROADWORK SERVICES. Indexes: Attachments: 22-0451R Exhibit A This Resolution was adopted unanimously. Absent: President Forsman 20. 22-0455R RESOLUTION AMENDING A CONTRACT WITH LHB, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE BRIDGE L6127 (TWIN PONDS BRIDGE) AND STONE WALL REHABILITATION SERVICES PROJECT, TO INCREASE THE AMOUNT BY $37,740.50 FOR A NEW TOTAL OF $69,654.50. City of Duluth Page 5 City Council Minutes - Final June 13, 2022 Indexes: Attachments: 22-0455R Fee Estimate 22-0455R Map This Resolution was adopted unanimously. Absent: President Forsman 21. 22-0462R RESOLUTION APPROVING A COUNTY PROJECT WITHIN MUNICIPAL CORPORATE LIMITS FOR IMPROVEMENTS TO COUNTY STATE AID HIGHWAY 56 (MORRIS THOMAS ROAD). Indexes: Attachments: 22-0462R Map This Resolution was adopted unanimously. Absent: President Forsman 22. 22-0464R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CITY OF RICE LAKE FOR SEALING A PORTION OF AUSTIN STREET IN THE AMOUNT OF UP TO $7,000. Indexes: Attachments: 22-0464R Exhibit A 21-0464R Map This Resolution was adopted unanimously. Absent: President Forsman 23. 22-0481R RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR SANITARY SEWER AND WATER MAIN IMPROVEMENTS TO PORTIONS OF 19th AVENUE WEST, 20th AVENUE WEST, AND GARFIELD AVENUE ADJACENT TO I-535 AND US 53 WITHIN THE CORPORATE CITY LIMITS UNDER STATE PROJECT 6980-62 AND STATE PROJECT 6915-138. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: President Forsman 24. 22-0486R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES FROM JAMES C. UTICK and CINDY L. UTICK OVER, UNDER, AND ACROSS REAL PROPERTY IN THE HUNTERS PARK NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Indexes: City of Duluth Page 6 City Council Minutes - Final June 13, 2022 Attachments: Exhibit 1.pdf Exhibit 2.pdf This Resolution was adopted unanimously. Absent: President Forsman BY COUNCILOR TOMANEK (RECREATION, LIBRARIES & AUTHORITIES) 25. 22-0251R RESOLUTION OF INTENT FOR FUTURE PROTECTIVE DESIGNATIONS OF TAX-FORFEITED LANDS TO BE ACQUIRED BY THE CITY. Indexes: Attachments: Exhibit A Park Designation Map Exhibit B Natural Area Designation Map Exhibit C Protective Designation Table This Resolution was adopted unanimously. Absent: President Forsman 26. 22-0468R RESOLUTION AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH THE DULUTH TRANSIT AUTHORITY TO PROVIDE LEGAL SERVICES. Indexes: Attachments: Exhibit A - DTA Legal Services Agreement This Resolution was adopted unanimously. Absent: President Forsman 27. 22-0471R RESOLUTION AUTHORIZING AN AGREEMENT WITH ALLIIANCE FOR ARCHITECTURAL DESIGN SERVICES FOR SPIRIT MOUNTAIN UPPER CHALET FOR AN AMOUNT NOT TO EXCEED $157,690. This Resolution was adopted unanimously. Absent: President Forsman 28. 22-0487R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH ENTERTAINMENT CONVENTION CENTER AUTHORITY TO PRODUCE, PROMOTE, COORDINATE, AND MANAGE EVENTS AT BAYFRONT FESTIVAL PARK IN 2022 FOR $71,292. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: President Forsman 29. 22-0490R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A City of Duluth Page 7 City Council Minutes - Final June 13, 2022 MEMORANDUM OF AGREEMENT WITH THE NATIONAL PARKS SERVICE, THE MINNESOTA STATE HISTORIC PRESERVATION OFFICE, AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES REGARDING THE LINCOLN PARK IMPROVEMENT PROJECT Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: President Forsman 30. 22-0503R RESOLUTION AUTHORIZING A TWENTY-FIVE YEAR AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FISHING PIER AT INDIAN POINT CAMPGROUND, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: President Forsman 31. 22-0508R RESOLUTION AUTHORIZING AN AGREEMENT WITH TKDA FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR WAABIZHESHIKANA - THE MARTEN TRAIL SEGMENTS I AND II FOR AN AMOUNT NOT TO EXCEED $75,800. Indexes: Attachments: Exhibit 1.pdf This Resolution was adopted unanimously. Absent: President Forsman END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 32. 22-0470R RESOLUTION REVERSING THE PLANNING COMMISSION’S DECISION TO DENY A SPECIAL USE PERMIT FOR A RESTAURANT AT 1303 WEST ARROWHEAD ROAD. Indexes: City of Duluth Page 8 City Council Minutes - Final June 13, 2022 Attachments: Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 5- Councilor Anderson, Hobbs, Councilor Randorf, Councilor Tomanek and Vice President Kennedy Nay: 2- Councilor Awal and Councilor Mayou Absent: 1- President Forsman 33. 22-0469R RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO DENY A SPECIAL USE PERMIT FOR A RESTAURANT AT 1303 WEST ARROWHEAD ROAD. Indexes: Attachments: Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F This Resolution was failed. The following entitled ordinances are to be read for the first time: BY COUNCILOR HOBBS (PURCHASING & LICENSING) 34. 22-023-O AN ORDINANCE AMENDING SECTIONS 8-13, 8-17, 8-18, 8-20, 8-31, 8-41 AND 8-44 OF THE DULUTH CITY CODE REGARDING SALE OF ALCOHOLIC BEVERAGES. This Ordinance was read for the first time. BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 35. 22-024-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL PROPERTY IN THE FAIRMOUNT NEIGHBORHOOD TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY FOR NOMINAL CONSIDERATION. City of Duluth Page 9 City Council Minutes - Final June 13, 2022 Indexes: Attachments: Exhibit A-Ordinance.pdf 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) 36. 22-022-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY 1.1 ACRES FROM RESIDENTIAL-TRADITIONAL (R-1) TO RESIDENTIAL-URBAN (R-2) AND TO RECLASSIFY 0.7 ACRES FROM R-2 TO R-1 SEVERAL AREAS NEAR THE SOUTHWEST CORNER OF PALM STREET AND BLACKMAN AVENUE. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. Absent: President Forsman BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 37. 22-021-O AN ORDINANCE AMENDING SECTION 43-67.1 OF THE DULUTH CITY CODE, 1959, AS AMENDED, MODIFYING CREDITS AVAILABLE UNDER THE STORMWATER UTILITY. This Ordinance was adopted unanimously. Absent: President Forsman COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 10