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, December 19, 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. 22-091 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2022-12-05, Minutes These Minutes were approved. PUBLIC HEARING 2. 22-088 PUBLIC HEARINGS ON PROPOSED CAPITAL IMPROVEMENT PLAN AMENDMENT AND ON INTENTION BY THE CITY OF DULUTH, MINNESOTA, TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS UNDER MINNESOTA STATUTES, SECTION 475.521 - NOTICE OF INTENT TO ISSUE BONDS Indexes: City of Duluth Page 1 City Council Minutes - Final December 19, 2022 Attachments: Public Hearing - General Obligation This Public Hearing was held PUBLIC HEARING 3. 22-090 Spending Plan for DEDA Tax Increment Financing District Nos. 16, 19, 21, 22, 23, 24, 25, 27, 28, and 29, and the City of Duluth’s Tax Increment Financing District No. 26 (collectively, the “TIF Districts”). Indexes: Attachments: TIF District Spending Plan Public Hearing - DEDA This Public Hearing was held. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD RESOLUTIONS TABLED BY VICE PRESIDENT KENNEDY (FINANCE) 4. 22-0962R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2023 TO DECEMBER 31, 2023 BUDGETS OF THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. Indexes: Attachments: Exhibit A to Resolution #22-0962R This Resolution was pulled from the table - Passed Unanimously. This Resolution was adopted unanimously. 5. 22-0971R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2023 TO DECEMBER 31, 2023, OPERATION BUDGET OF THE DULUTH TRANSIT AUTHORITY. Indexes: Attachments: Exhibit A City of Duluth Page 2 City Council Minutes - Final December 19, 2022 This Resolution was pulled from the table - Passed Unanimously. This Resolution was adopted unanimously. CONSENT AGENDA BY VICE PRESIDENT KENNEDY (FINANCE) 6. 22-0941R RESOLUTION ADOPTING THE 2023 FEE SCHEDULE FOR LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES. Indexes: Attachments: Exhibit A Exhibit B Exhibit C This Resolution was adopted unanimously. 7. 22-1007R RESOLUTION ESTABLISHING ANNUAL BONDING PLAN FOR 2023. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 8. 22-1008R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DEPOT FOUNDATION IN THE AMOUNT OF $220,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 9. 22-1009R RESOLUTION AUTHORIZING AN AGREEMENT WITH SPIRIT MOUNTAIN RECREATION AREA AUTHORITY FOR 2023 IN THE AMOUNT OF $440,000 FOR OPERATING ASSISTANCE AND $145,700 FOR ADVENTURE PARK LEASE PAYMENTS. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 10. 22-1010R RESOLUTION AUTHORIZING AN AGREEMENT WITH GREAT LAKES AQUARIUM IN THE AMOUNT OF $340,000. Indexes: City of Duluth Page 3 City Council Minutes - Final December 19, 2022 Attachments: Exhibit A This Resolution was adopted unanimously. 11. 22-1012R RESOLUTION APPROVING BUDGET AND COST SHARING FORMULA OF MINNEAPOLIS-DULUTH/SUPERIOR AND PASSENGER RAIL ALLIANCE AND AUTHORIZING PAYMENT OF CITY’S COST SHARE OF $20,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 12. 22-1026R RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND STATING INTENT TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS UNDER MINNESOTA STATUTES, SECTION 475.521. This Resolution was adopted unanimously. 13. 22-1027R RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, STATING THE INTENT TO ISSUE GENERAL OBLIGATION CAPITAL EQUIPMENT NOTES, SERIES 2023, IN THE APPROXIMATE AMOUNT OF $3,700,000 AND APPROVING THE CAPITAL EQUIPMENT LIST ASSOCIATED WITH THE NOTES. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 14. 22-1031R RESOLUTION AUTHORIZING 2023-2025 PROFESSIONAL SERVICES AGREEMENT WITH DULUTH-SUPERIOR PUBLIC ACCESS COMMUNITY TELEVISION, INC., FOR COMMUNITY ACCESS CABLECASTING, TRAINING, PRODUCTION AND ADMINISTRATIVE SERVICES AT ANNUAL COST OF $182,000. Indexes: Attachments: Exhibit A- PACT 2023-2025 Professonal Services Agreement This Resolution was adopted unanimously. 15. 22-1035R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE GARY NEW DULUTH DEVELOPMENT ALLIANCE TO SUPPORT THE CONSTRUCTION OF A SKATE PARK IN THE AMOUNT OF $40,000. City of Duluth Page 4 City Council Minutes - Final December 19, 2022 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 16. 22-1036R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE HAWK RIDGE BIRD OBSERVATORY IN THE AMOUNT OF $40,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 17. 22-1038R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE MINNESOTA LAND TRUST IN THE AMOUNT OF $50,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 18. 22-1043R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH CHILDREN’S MUSEUM IN THE AMOUNT OF $50,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 19. 22-1045R RESOLUTION AUTHORIZING AN AGREEMENT WITH DULUTH & NORTH SHORE RR DBA NORTH SHORE SCENIC RAILROAD/LAKE SUPERIOR RAILROAD MUSEUM IN THE AMOUNT OF $50,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 20. 22-1051R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT 23787 WITH THE GREATER DOWNTOWN COUNCIL FOR AN INCREASE OF $10,000 TOURISM TAX FUNDING FOR A NEW AMOUNT OF $230,000 FOR THE YEAR 2023. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. City of Duluth Page 5 City Council Minutes - Final December 19, 2022 21. 22-1058R RESOLUTION AUTHORIZING AN INTERFUND TRANSFER TO THE BROADBAND ENTERPRISE FUND IN THE AMOUNT OF $936,397 FROM TIF DISTRICT DECERTIFICATION FUNDS. This Resolution was adopted unanimously. 22. 22-1063R RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 101 FOR THE YEARS 2022-2024. Indexes: Attachments: 20221207 IAFF Local 101 2022-2024 CBA with changes marked .pdf Exhibit A - 2023-2025 IAFF Local 101 CBA This Resolution was adopted unanimously. 23. 22-1069R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION, FOR CITY ATTORNEY ACCESS TO THE CRIMINAL JUSTICE DATA COMMUNICATION NETWORK FOR A PERIOD OF FIVE YEARS AT AN ANNUAL COST TO THE CITY OF $600 AND A TOTAL AMOUNT NOT TO EXCEED $3,000 AND FURTHER AUTHORIZING EXECUTION OF THE COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT. Indexes: Attachments: Document A Document B This Resolution was adopted unanimously. BY COUNCILOR HOBBS (PURCHASING & LICENSING) 24. 22-1013R RESOLUTION AUTHORIZING AN AGREEMENT WITH MARSH & MCLENNAN AGENCY LLC FOR PROFESSIONAL SERVICES RELATING TO INSURANCE MATTERS FOR AN ESTIMATED ANNUAL AMOUNT OF $60,000, AND A TOTAL FIVE-YEAR AMOUNT NOT TO EXCEED $300,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 25. 22-1048R RESOLUTION AUTHORIZING AN AGREEMENT WITH SANITARY City of Duluth Page 6 City Council Minutes - Final December 19, 2022 BOARD OF THE WESTERN LAKE SUPERIOR SANITARY DISTRICT FOR SOLID WASTE DISPOSAL SERVICES FOR AN ANNUAL ESTIMATED AMOUNT OF $30,000 AND A TOTAL NOT TO EXCEED $60,000 OVER THE TERM OF THE AGREEMENT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR ALSTEAD (PERSONNEL) 26. 22-1014R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF DEPUTY FIRE MARSHAL. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 27. 22-1042R RESOLUTION CONFIRMING THE APPOINTMENT OF SHARI MARSHIK TO THE DULUTH PUBLIC ARTS COMMISSION. This Resolution was adopted unanimously. BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 28. 22-1011R RESOLUTION AUTHORIZING FIRST AMENDMENT TO CITY CONTRACT NO. 23791 WITH SMDC MEDICAL CENTER FOR THE DEMOLITION AND RECONSTRUCTION OF THE MEDICAL DISTRICT PARKING RAMP SKYWALK IN THE REGIONAL EXCHANGE DISTRICT. Indexes: Attachments: 12-5-22-Exhibit A This Resolution was adopted unanimously. 29. 22-1037R RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO APPROVE A PLANNING REVIEW FOR A HOTEL AT SUNDBY ROAD AND W PAGE STREET. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 City of Duluth Page 7 City Council Minutes - Final December 19, 2022 This Resolution was removed from the Consent Agenda. This Resolution passed with the following vote: Yea: Councilors Anderson, Awal, Hobbs, Mayou, Radorf, Tomanek and President Forsman Nay: Councilors Alstead and Vice President Kennedy 30. 22-1039R RESOLUTION REVERSING THE PLANNING COMMISSION’S DECISION TO APPROVE A PLANNING REVIEW FOR A HOTEL AT SUNDBY ROAD AND W PAGE STREET. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 This Resolution was removed from the Consent Agenda. This Resolution failed with the following vote: Yea: Councilors Alstead and Vice President Kennedy Nay: Councilors Anderson, Awal, Hobbs, Mayou, Radorf, Tomanek and President Forsman 31. 22-1040R RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO APPROVE A PLANNING REVIEW FOR A HOTEL AT SUNDBY ROAD AND W PAGE STREET. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 This Resolution was removed from the Consent Agenda. This Resolution passed by the following vote: Yea: Councilors Alstead, Anderson, Awal, Hobbs, Mayou, Randorf, Tomanek and President Forsman Nay: Vice President Kennedy 32. 22-1041R RESOLUTION REVERSING THE PLANNING COMMISSION’S DECISION TO APPROVE A PLANNING REVIEW FOR A HOTEL AT SUNDBY ROAD AND W PAGE STREET. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 This Resolution was removed from the Consent Agenda. This Resolution failed by the following vote: Yea: Vice President Kennedy Nay:: Councilors Alstead, Anderson, Awal, Hobbs, Mayou, Randorf, Tomanek and City of Duluth Page 8 City Council Minutes - Final December 19, 2022 President Forsman 33. 22-1044R RESOLUTION AUTHORIZING A FUNDING AGREEMENT WITH THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY, GRANTING $500,000 FOR THE PURPOSE OF SUPPORTING ECONOMIC DEVELOPMENT EFFORTS, INCLUDING LOANS AND GRANTS FOR PROGRAMS SUPPORTING ECONOMIC REVITALIZAITON Indexes: Attachments: 22D-69-EXHIBIT A - City and DEDA Funds Transfer Agreement This Resolution was adopted unanimously. 34. 22-1068R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL PROPERTY AT DULUTH INTERNATIONAL AIRPORT. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 35. 22-1053R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN SERVICES FOR THE SIXTH AVENUE EAST EXTENSION PROJECT IN THE AMOUNT OF $726,159.40. Indexes: Attachments: 22-1053R Map PROFESSIONAL ENGINEERING SERVICES AGREEMENT-PROPOSAL (002) This Resolution was adopted unanimously. BY PRESIDENT FORSMAN (COMMITTEE OF THE WHOLE) 36. 22-1002R RESOLUTION DESIGNATING POLLING PLACES FOR THE AUGUST 8, 2023 PRIMARY ELECTION AND THE NOVEMBER 7, 2023 GENERAL ELECTION. This Resolution was adopted unanimously. BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 37. 22-1004R RESOLUTION OF INTENT FOR RECONSTRUCTION OF FIFTH STREET ALLEY BEGINNING AT 21ST AVENUE EAST AND EXTENDING TO 22ND AVENUE EAST AND TO ASSESS THE COSTS THEREOF. City of Duluth Page 9 City Council Minutes - Final December 19, 2022 Indexes: Attachments: 22-1004R Map 22-1004R Map 2 This Resolution was adopted unanimously. 38. 22-1005R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF REPLACEMENT PUMPS FOR LIFT STATIONS 10, 11, 12 AND 25 FROM QUALITY FLOW SYSTEMS IN THE AMOUNT OF $46,070. This Resolution was adopted unanimously. 39. 22-1015R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A $586,027 TRANSPORTATION ALTERNATIVE GRANT TO BUILD SEGMENT 6 OF THE CAMPUS CONNECTOR SHARED USE PATH. Indexes: Attachments: 22-1015R MAP 22-1015R Map 2 This Resolution was adopted unanimously. 40. 22-1016R RESOLUTION AWARDING A CONTRACT TO UNIVAR USA INC. FOR THE PURCHASE AND DELIVERY OF 70,000 GALLONS OF LIQUID CAUSTIC SODA IN YEAR 2023 FOR A TOTAL COST OF $268,800. This Resolution was adopted unanimously. 41. 22-1017R RESOLUTION AWARDING A CONTRACT TO THUNDER BAY CHEMICALS LTD FOR THE PURCHASE AND DELIVERY OF 125,400 GALLONS OF LIQUID ALUMINUM SULFATE IN YEAR 2023 FOR A TOTAL COST OF $172,500.24. This Resolution was adopted unanimously. 42. 22-1018R RESOLUTION AWARDING A CONTRACT TO HAWKINS, INC FOR THE PURCHASE AND DELIVERY OF WATER TREATMENT CHEMICALS IN YEAR 2023 FOR A TOTAL COST OF $288,450.00. This Resolution was adopted unanimously. 43. 22-1025R RESOLUTION APPROVING DULUTH ENERGY SYSTEM’S THERMAL City of Duluth Page 10 City Council Minutes - Final December 19, 2022 ENERGY HOT WATER RATE FOR EASTERN CANAL PARK. This Resolution was adopted unanimously. 44. 22-1032R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR ENGINEERING SERVICES FOR THE CHESTER CREEK CULVERT REPLACEMENT PROJECT ON NORTON AND THURBER ROADS FOR AN AMOUNT NOT TO EXCEED $104,651.25. This Resolution was adopted unanimously. 45. 22-1046R RESOLUTION AUTHORIZING AN AGREEMENT WITH SHORT ELLIOTT HENDRICKSON, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN SERVICES FOR THE WEST SUPERIOR STREET RECONSTRUCTION PROJECT IN THE AMOUNT OF $2,411,000.00. Indexes: Attachments: 22-1046R Map This Resolution was adopted unanimously. 46. 22-1047R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A $440,000 TRANSPORTATION ALTERNATIVE GRANT TO BUILD SEGMENT 4 OF THE CAMPUS CONNECTOR SHARED USE PATH. Indexes: Attachments: 22-1047R Map This Resolution was adopted unanimously. 47. 22-1049R RESOLUTION AUTHORIZING THE PURCHASE TWO NEW 2023 ELGIN PELICAN STREET SWEEPERS FROM MACQUEEN EQUIPMENT IN THE AMOUNT OF $290,472.58 EACH AND A TOTAL PRICE OF $580,495.16. This Resolution was adopted unanimously. 48. 22-1050R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A $500,000 ACTIVE TRANSPORTATION GRANT TO PROVIDE THE LOCAL MATCH TO THE CITY’S HISTORIC PRESERVATION GRANT FOR THE AERIAL LIFT BRIDGE. City of Duluth Page 11 City Council Minutes - Final December 19, 2022 Indexes: Attachments: 22-1050 Map This Resolution was adopted unanimously. 49. 22-1052R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB INC. FOR ENGINEERING SERVICES FOR THE HILLSIDE TUNNEL INSPECTION PROJECT, ON CREEK TUNNELS LOCATED UNDER THE DULUTH CENTRAL HILLSIDE, FOR AN AMOUNT NOT TO EXCEED $304,159.38. This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PUBLIC SAFETY) 50. 23-0001R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF DOOR HARDWARE AND INFRASTRUCTURE CABLING SERVICES FOR THE TECHNOLOGY VILLAGE RAMP FROM PREMIER ELECTRICAL CORPORATION IN THE AMOUNT OF $88,750. This Resolution was adopted unanimously. 51. 22-1030R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT AN ADDITIONAL $22,485 GRANT AWARD FROM THE OFFICE OF NATIONAL DRUG CONTROL POLICY, HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDTA) PROGRAM, TO BE USED FOR EXPENSES INCURRED DURING PARTICIPATION IN THE LAKE SUPERIOR DRUG CORRIDOR INITIATIVE, FOR A TOTAL FY 2021 GRANT AWARD OF $122,845. Indexes: Attachments: Document A - Grant Award This Resolution was adopted unanimously. BY COUNCILOR TOMANEK (RECREATION, LIBRARIES & AUTHORITIES) 52. 22-1056R RESOLUTION AUTHORIZING ACCEPTANCE OF A SUSTAIN OUR GREAT LAKES GRANT OF $201,430 FOR ONGOING SUPPORT FOR HABITAT RESTORATION IN THE ST. LOUIS RIVER CORRIDOR AND HARTLEY PARK. Indexes: Attachments: Exhibit A: SOGL Grant Agreement This Resolution was adopted unanimously. City of Duluth Page 12 City Council Minutes - Final December 19, 2022 53. 22-1057R RESOLUTION AUTHORIZING AN AMENDMENT TO EXTEND THE NATIONAL PARK SERVICE GRANT AGREEMENT C23577-01 TO IMPLEMENT THE LINCOLN PARK MINI-MASTER PLAN. Indexes: Attachments: Exhibit A: Amendment This Resolution was adopted unanimously. 54. 22-1059R RESOLUTION AUTHORIZING AN AMENDMENT TO EXTEND THE USEPA GREAT LAKES RESTORATION INITIATIVE GRANT AGREEMENT C23954 FOR ACQUISITION AND RESTORATION OF ECOLOGICALLY VALUABLE TAX FORFEIT PROPERTY ALONG THE ST. LOUIS RIVER. Indexes: Attachments: Exhibit A: Amendment This Resolution was adopted unanimously. 55. 22-1060R RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING TO FORMALIZE THE FORMATION OF THE LAKE SUPERIOR HEADWATERS SUSTAINABILITY PARTNERSHIP. Indexes: Attachments: Exhibit A: Headwaters Partnership MOU This Resolution was adopted unanimously. END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY PRESIDENT FORSMAN (COMMITTEE OF THE WHOLE) 56. 22-1054R RESOLUTION ESTABLISHING THE CITY OF DULUTH 2023 TOP LEGISLATIVE PRIORITIES This Resolution was adopted as amended unanimously. 57. 22-1055R RESOLUTION ESTABLISHING THE CITY OF DULUTH 2023 ADDITIONAL LEGISLATIVE PRIORITIES Indexes: City of Duluth Page 13 City Council Minutes - Final December 19, 2022 Attachments: Motion to Amend: Randorf and Mayou - Passed unanimously. Motion to Amend: Tomanek and Awal - Passed unanimously. Motion to Amend: Kennedy - Passed unanimously. This Resolution was adopted as amended unanimously. The following entitled ordinances are to be read for the first time: BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 58. 22-034-O AN ORDINANCE GRANTING KINSETH HOTEL CORPORATION, A CONCURRENT USE PERMIT FOR UNDERGROUND UTILITIES WITHIN THE PLATTED RIGHT OF WAY OF WEST PAGE STREET AND SUNDBY ROAD. Indexes: Attachments: Exhibit A Exhibit B This Ordinance was read for the first time. 59. 22-045-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL PROPERTY AT DULUTH INTERNATIONAL AIRPORT TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit A Exhibit B This Ordinance was read for the first time. BY COUNCILOR TOMANEK (RECREATION, LIBRARIES & AUTHORITIES) 60. 22-044-O ORDINANCE AMENDING CHAPTER 2, ARTICLE XXVIII, SEC. 2-148, OF THE DULUTH CITY CODE BY DELETING THE PROHIBITION AGAINST MEMBERS OF THE DULUTH INDIGENOUS COMMISSION SERVING MORE THAN TWO CONSECUTIVE TERMS. This Ordinance was read for the first time. The following entitled ordinances are to be read for the second time: BY VICE PRESIDENT KENNEDY (FINANCE) City of Duluth Page 14 City Council Minutes - Final December 19, 2022 61. 22-036-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2023 Indexes: Attachments: Motion to Amend 22-036-O Randorf.pdf This Ordinance was adopted unanimously. 62. 22-037-O AN ORDINANCE DETERMING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2023 This Ordinance was adopted as amended unanimously. 63. 22-040-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2023. Indexes: Attachments: Exhibit A - 2023 Tax Levy (002).pdf Motion to Amend: Randorf (Withdrawn 12/5 9 - 0) Motion to Amend: Kennedy (Failed 3 (Councilor Awal, Vice President Kennedy and President Forsman) -6 on 12/5) Motion to Amend Randorf (2) (Passed 7-2 (Councilor Hobbs and Vice President Kennedy)) This Ordinance was adopted as amended unanimously. 64. 22-041-O AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2023 APPROPRIATING MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. Indexes: Attachments: Motion to Amend: Randorf Revised Motion to Amend_2022.12.5 Revised and Passed 7-2 (Councilor Alstead and Councilor Hobbs on 12/5) 22-041-O (Original) This Ordinance was approved as amended unanimously. BY COUNCILOR RANDORF (PLANNING & ECONOMIC DEVELOPMENT) 65. 22-038-O AN ORDINANCE GRANTING ESSENTIA HEALTH A CONCURRENT USE PERMIT FOR A RETAINING WALL AND STAIRCASE HANDRAIL IN THE PLATTED STREET RIGHT OF WAY OF EAST SUPERIOR STREET. Indexes: City of Duluth Page 15 City Council Minutes - Final December 19, 2022 Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. 66. 22-039-O AN ORDINANCE GRANTING ESSENTIA HEALTH A CONCURRENT USE PERMIT FOR A PRIVATE SANITARY SEWER LINES IN THE PLATTED STREET RIGHT OF WAY OF NORTH FOURTH AVENUE EAST AND FIRST STREET ALLEY. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted unanimously. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 16