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, September 26, 2022 7:00 PM Council Chamber ROLL CALL Present: 9- Councilor Hannah Alstead, Councilor Gary Anderson, Councilor Azrin Awal, Councilor Noah Hobbs, Councilor Mike Mayou, Councilor Roz Randorf, Councilor Terese Tomanek, Vice President Janet Kennedy and President Arik Forsman PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 22-066 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2022-09-12, Minutes These Minutes were approved REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 2. 22-063 Business Subsidy Agreement Pre - Approval Report: The Residence Housing Project. City of Duluth Page 1 City Council Minutes - Final September 26, 2022 Indexes: Attachments: Business Subsidy Pre-approval report This Board or Commission Report was received. 3. 22-064 Planning Commission Meeting Minutes Indexes: Attachments: August 2022 Minutes This Board or Commission Report was received. 4. 22-065 Heritage Preservation Commission Meeting Minutes Indexes: Attachments: August 2022 Minutes This Board or Commission Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD RESOLUTIONS TABLED BY VICE PRESIDENT KENNEDY (FINANCE) 5. 22-0754R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2023. A motion was made to remove this resolution from the table. The motion passed unanimously. A motion was made to adopt this resolution. The motion passed unanimously. This Resolution was adopted unanimously. CONSENT AGENDA BY VICE PRESIDENT KENNEDY (FINANCE) City of Duluth Page 2 City Council Minutes - Final September 26, 2022 6. 22-0756R RESOLUTION PROPOSING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2023. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 7. 22-0783R RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND THE CITY OF DULUTH SUPERVISORY ASSOCIATION FOR THE YEARS 2022-2024. Indexes: Attachments: Exhibit A Final CDSA 2022-2024 CBA - Redline version.pdf This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PURCHASING & LICENSING) 9. 22-0762R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: Attachment.A This Resolution was adopted unanimously. 10. 22-0763R RESOLUTION APPROVING ISSUANCE OF AN ON SALE WINE LICENSE AND ON SALE 3.2 PERCENT MALT LIQUOR LICENSE TO VITTA PIZZA, INC. Indexes: Attachments: Attachment.A. This Resolution was adopted unanimously. 11. 22-0764R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF VARIOUS LICENSEES. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 12. 22-0769R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF FIVE 2023 CHEVY EXPRESS VANS FROM NORTH COUNTRY GM IN THE AMOUNT OF $165,219.15. City of Duluth Page 3 City Council Minutes - Final September 26, 2022 This Resolution was adopted unanimously. BY COUNCILOR ALSTEAD (PERSONNEL) 13. 22-0788R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF SENIOR PROPERTY SERVICES SPECIALIST, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 14. 22-0789R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF CONSTRUCTION SERVICES COMBINATION INSPECTOR. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 15. 22-0790R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF CONSTRUCTION INSPECTOR. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 16. 22-0791R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF ELECTRICAL INSPECTOR. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 17. 22-0792R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF HVAC&R INSPECTOR. Indexes: City of Duluth Page 4 City Council Minutes - Final September 26, 2022 Attachments: Exhibit A This Resolution was adopted unanimously. 18. 22-0793R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF PLUMBING INSPECTOR. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 19. 22-0794R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF PARK MAINTENANCE LEADWORKER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 20. 22-0795R RESOLUTION CONFIRMING THE APPOINTMENT OF LEXY REDENBAUGH TO THE HEADING HOME ST LOUIS COUNTY ADVISORY BOARD. This Resolution was adopted unanimously. 21. 22-0796R RESOLUTION CONFIRMING THE APPOINTMENT OF LORI DANDO TO THE NATURAL RESOURCES COMMISSION. This Resolution was adopted unanimously. 22. 22-0797R RESOLUTION CONFIRMING THE APPOINTMENT OF BROOK WRIGHT TO THE COMMISSION ON DISABILITIES. This Resolution was adopted unanimously. 23. 22-0807R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF TECHNICAL SERVICES COORDINATOR, INCLUDING A TITLE CHANGE TO ASSISTANT CHIEF OF SPECIAL OPERATIONS, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: City of Duluth Page 5 City Council Minutes - Final September 26, 2022 Attachments: Exhibit A This Resolution was adopted unanimously. 24. 22-0808R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION POLICE RECORDS & TECHNOLOGY MANAGER, INCLUDING A TITLE CHANGE TO POLICE TECHNOLOGY, INTELLIGENCE & RECORDS MANAGER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 25. 22-0779R RESOLUTION AMENDING THE 2021 ANNUAL ACTION PLAN TO INCLUDE $1,986,658 OF NEW HOME-ARP FUNDS FROM THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND ADOPTING THE HOME-ARP ALLOCATION PLAN AS A SUBSTANTIAL AMENDMENT TO THE 2021 ANNUAL ACTION PLAN. Indexes: Attachments: Attachment 1 This Resolution was adopted unanimously. Councilor Hobbs abstains due to employer conflict BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 26. 22-0767R RESOLUTION AUTHORIZING AN AGREEMENT WITH ST. LOUIS COUNTY FOR THE 2023 CHIP SEAL PROJECT AT VARIOUS LOCATIONS IN THE CITY OF DULUTH. Indexes: Attachments: 22-0767R Exhibit A This Resolution was adopted unanimously. 27. 22-0771R RESOLUTION AUTHORIZING AN INCREASE TO A MASTER SERVICES AGREEMENT WITH EPC ENGINEERING & TESTING IN THE AMOUNT OF $45,000 FOR GEOTECHNICAL AND MATERIALS TESTING SERVICES, FOR A NEW TOTAL AMOUNT NOT TO EXCEED $545,000. This Resolution was adopted unanimously. City of Duluth Page 6 City Council Minutes - Final September 26, 2022 28. 22-0773R RESOLUTION AUTHORIZING AN AGREEMENT WITH TKDA FOR ENGINEERING SERVICES FOR THE DEVONSHIRE STREET RECONSTRUCTION, FROM ATLANTIC AVE WESTERLY, AND LINCOLN PARK SAFE ROUTES TO SCHOOL IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $55,700. Indexes: Attachments: 22-0773R_Map This Resolution was adopted unanimously. 29. 22-0774R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR ENGINEERING SERVICES FOR THE FIRST AVENUE EAST RECONSTRUCTION PROJECT, FROM SUPERIOR STREET TO THIRD STREET, FOR AN AMOUNT NOT TO EXCEED $719,030. Indexes: Attachments: 22-0774R_Map This Resolution was adopted unanimously. 30. 22-0775R RESOLUTION AUTHORIZING AN AGREEMENT WITH NORTHLAND CONSULTING ENGINEERS, LLP FOR ENGINEERING SERVICES FOR THE CHESTER PARK DRIVE ALLEY RECONSTRUCTION PROJECT, FROM 17TH AVENUE EAST TO 18TH AVENUE EAST, FOR AN AMOUNT NOT TO EXCEED $65,740. Indexes: Attachments: 22-0775R_Map This Resolution was adopted unanimously. 31. 22-0780R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR UTILITY PURPOSES FROM THE DALE MAYNARD JOHNSON TRUST UNDER AGREEMENT DATED SEPTEMBER 18, 2003 OVER, UNDER, AND ACROSS REAL PROPERTY IN THE NORTON PARK NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1-Resolution re Utility Easement.pdf This Resolution was adopted unanimously. 32. 22-0781R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR UTILITY PURPOSES FROM THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY OVER, UNDER, AND ACROSS REAL PROPERTY IN THE LINCOLN PARK NEIGHBORHOOD FOR NOMINAL CONSIDERATION. City of Duluth Page 7 City Council Minutes - Final September 26, 2022 Indexes: Attachments: Exhibit 1.pdf Exhibit 2.pdf This Resolution was adopted unanimously. 33. 22-0785R RESOLUTION AUTHORIZING EXECUTION OF GREAT LAKES COMMISSION GRANT AGREEMENT IN THE AMOUNT OF $121,000 FOR THE IRVING PARK BIOFILTER BASIN PROJECT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 34. 22-0787R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30472 WITH SHORT ELLIOTT HENDRICKSON, INC. FOR ADDITIONAL PROFESSIONAL SERVICES FOR A STORMWATER EQUIVALENT RESIDENTIAL UNIT VALUE DETERMINATION STUDY FOR AN INCREASE OF $10,000 AND A NEW TOTAL AMOUNT NOT TO EXCEED $45,200. This Resolution was adopted unanimously. 35. 22-0805R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR ENGINEERING DESIGN SERVICES FOR THE BRIGHTON BEACH ROAD RECONSTRUCTION PROJECT, FOR AN AMOUNT NOT TO EXCEED $75,600. Indexes: Attachments: 22-0805R Map 22-0805R Proposal This Resolution was adopted unanimously. BY COUNCILOR TOMANEK (RECREATION, LIBRARIES & AUTHORITIES) 36. 22-0770R RESOLUTION AUTHORIZING APPROVAL AND IMPLEMENTATION OF THE GOOSE MANAGEMENT PLAN FOR THE CITY OF DULUTH This Resolution was adopted unanimously. 37. 22-0772R RESOLUTION AUTHORIZING A COOPERATIVE AGREEMENT WITH THE US DEPARTMENT OF THE INTERIOR NATIONAL PARKS SERVICE TO INCLUDE AN INITIAL FINANCIAL CONTRIBUTION OF City of Duluth Page 8 City Council Minutes - Final September 26, 2022 $35,000 FOR THE CONTINUED DESIGN AND DEVELOPMENT OF WAABIZHESHIKANA: THE MARTEN TRAIL AND THE ST. LOUIS RIVER ESTUARY NATIONAL WATER TRAIL Indexes: Attachments: P22AC02076 GLRI-Implem of Munger Landing Project-Cooperative Agreement-FINAL-9.14.2022 This Resolution was adopted unanimously. 38. 22-0778R RESOLUTION AUTHORIZING ACCEPTANCE OF A MINNESOTA DEPARTMENT OF NATURAL RESOURCES LAKE SUPERIOR COASTAL PROGRAM GRANT IN AN AMOUNT NOT TO EXCEED $100,000 FOR FUNDS TO REPLACE BEACH DUNE-CROSSING BOARDWALKS ON MINNESOTA POINT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 39. 22-0782R RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A GENERAL BOND OBLIGATION GRANT FOR EXPENSES DIRECTLY RELATED TO PREDESIGN AND DESIGN SERVICES FOR THE RENOVATION OR REPLACEMENT OF THE MAIN BUILDING AT THE LAKE SUPERIOR ZOO IN THE AMOUNT OF $204,000. Indexes: Attachments: LSZ General Bond application This Resolution was adopted unanimously. END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY VICE PRESIDENT KENNEDY (FINANCE) 40. 22-0786R RESOLUTION DISTRIBUTING THE ESTIMATED 2023 HOTEL-MOTEL AND FOOD AND BEVERAGE TOURISM TAXES. Indexes: Attachments: Exhibit A Motion to Amend: Alstead - Tabled on 9.26.22 - Failed 10.10.22 Motion to Amend: Passed 7-2-2 10.10.22 City of Duluth Page 9 City Council Minutes - Final September 26, 2022 This Resolution was tabled. Councilor Hobbs and Councilor Mayou abstain due to employer conflict. 8. 22-0802R RESOLUTION CONFIRMING THE APPOINTMENT OF MICHAEL CEYNOWA AS POLICE CHIEF FOR THE CITY OF DULUTH AND AUTHORIZING AN EMPLOYMENT CONTRACT FOR THE YEARS 2022-2025. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 41. 22-0801R RESOLUTION RESCINDING AND REPLACING RESOLUTION 22-0713R AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE A ONE-YEAR AGREEMENT WITH THE INDEPENDENT SCHOOL DISTRICT NO. 709 FOR THE DULUTH POLICE DEPARTMENT TO PROVIDE FOUR SCHOOL RESOURCE OFFICERS IN THE PUBLIC SCHOOLS FOR A TOTAL OF $296,390 FOR THE 2022-2023 SCHOOL YEAR. Indexes: Attachments: Document A A motion was made to table this Resolution. The motion failed. A motion was made to adopt this Resolution. The motion was approved. This Resolution was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 10