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, January 23, 2023 7:00 PM Council Chamber ROLL CALL Present: 8- Councilor Hannah Alstead, Councilor Gary Anderson, Councilor Azrin Awal, Councilor Arik Forsman, Councilor Noah Hobbs, Councilor Mike Mayou, Vice President Roz Randorf and President Janet Kennedy Absent: 1- Councilor Terese Tomanek PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 23-012 Duluth City Council Meeting Minutes Indexes: Attachments: 2023-01-10, Minutes These Minutes were approved. PUBLIC HEARING - Unmanned Aerial Systems (UAS) Operations Policy - DPD 2. 23-011 Unmanned Aerial Systems Policy (UAS) Indexes: Attachments: Unmanned Aerial Systems Policy City of Duluth Page 1 City Council Minutes - Final January 23, 2023 This Informational Report was received. REPORTS OF BOARDS AND COMMISSIONS 3. 23-008 Duluth Parking Commission Meeting Minutes Indexes: Attachments: January 2023 DPC Minutes This Board or Commission Report was received. 4. 23-009 Heritage Preservation Commission Meeting Minutes Indexes: Attachments: December 2022 HPC Minutes This Board or Commission Report was received. 5. 23-010 Planning Commission Meeting Minutes Indexes: Attachments: December 2022 PC Minutes This Board or Commission Report was received. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS 6. 23-007 Pre-Business Subsidy Report Indexes: Attachments: Pre-business Subsidy Report_Skyridge Flats This Informational Report was received. REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA BY VICE PRESIDENT RANDORF (FINANCE) City of Duluth Page 2 City Council Minutes - Final January 23, 2023 7. 23-0084R RESOLUTION PROVIDING AN ADDITIONAL $35,000 TO THE MINNEAPOLIS-DULUTH/SUPERIOR PASSENGER RAIL ALLIANCE TO BE USED FOR LEGISLATIVE EFFORTS IN ST. PAUL. Indexes: Attachments: NLX Letter add'l $35k (002).pdf This Resolution was adopted unanimously. Absent: Councilor Tomanek BY COUNCILOR ALSTEAD (PURCHASING & LICENSING) 8. 23-0008R RESOLUTION AUTHORIZING AN ANNUAL CONTRACT FOR ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS, SUPPLIES AND LABOR FOR 2023 FROM ZIEGLER, INC. FOR AN AMOUNT NOT TO EXCEED $250,000. This Resolution was adopted unanimously. Absent: Councilor Tomanek 9. 23-0009R RESOLUTION AUTHORIZING AN ANNUAL CONTRACT FOR ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS, SUPPLIES AND LABOR FOR 2023 FROM MID-STATE TRUCK SERVICE, INC. FOR AN AMOUNT NOT TO EXCEED $185,000. This Resolution was adopted unanimously. Absent: Councilor Tomanek 10. 23-0045R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: Councilor Tomanek 11. 23-0046R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE TO THE MINNESOTA BALLET. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: Councilor Tomanek BY COUNCILOR AWAL (PERSONNEL) City of Duluth Page 3 City Council Minutes - Final January 23, 2023 12. 23-0067R RESOLUTION CONFIRMING THE APPOINTMENT OF MOLLY FLOEN TO THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. This Resolution was adopted unanimously. Absent: Councilor Tomanek BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 13. 23-0055R RESOLUTION APPROVING THE 2023 ANNUAL ACTION PLAN AND AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME PROGRAM (HOME), AND EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) PROGRAM FUNDS. Indexes: Attachments: 2023 Draft Action Plan- January 2023 This Resolution was adopted unanimously. Absent: Councilor Tomanek Abstain: Councilor Hobbs, stating employer conflict. 14. 23-0056R RESOLUTION AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 2023 PROGRAM YEAR, AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. This Resolution was adopted unanimously. Absent: Councilor Tomanek Abstain: Councilor Hobbs, stating employer conflict. 15. 23-0057R RESOLUTION AUTHORIZING A REQUEST FOR HUD HOME INVESTMENT PARTNERSHIP FUNDS FOR THE 2023 PROGRAM YEAR, AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. This Resolution was adopted unanimously. Absent: Councilor Tomanek Abstain: Councilor Hobbs, stating employer conflict. 16. 23-0058R RESOLUTION AUTHORIZING A REQUEST FOR HUD EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG) FUNDING FOR THE 2023 PROGRAM YEAR, AUTHORIZING CONTRACTS, AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. This Resolution was adopted unanimously. Absent: Councilor Tomanek City of Duluth Page 4 City Council Minutes - Final January 23, 2023 Abstain: Councilor Hobbs, stating employer conflict. 17. 23-0059R RESOLUTION AUTHORIZING REPROGRAMMING OF $7,000 OF FUNDS FROM 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND $739.26 FROM THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2023 COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE DULUTH PROPERTY REHAB PROGRAM. This Resolution was adopted unanimously. Absent: Councilor Tomanek Abstain: Councilor Hobbs, stating employer conflict. 18. 23-0060R RESOLUTION AUTHORIZING REPROGRAMMING OF $23,628.03 OF HOME FUNDS FROM THE 2020 HOME PROGRAM FOR THE HOMELESS RENTAL ASSISTANCE PROGRAM OPERATED BY THE DULUTH HOUSING AUTHORITY TO THE 2023 COMMUNITY LAND TRUST NEW CONSTRUCTION PROGRAM OPERATED BY ONE ROOF COMMUNITY HOUSING. This Resolution was adopted unanimously. Absent: Councilor Tomanek Abstain: Councilor Hobbs, stating employer conflict. 19. 23-0061R RESOLUTION AUTHORIZING REPROGRAMMING OF $16,000 OF ESG FUNDS FROM 2022 EMERGENCY SOLUTIONS PROGRAM FOR THE 2023 EMERGENCY SOLUTIONS PROGRAM SAFE HAVEN SHELTER PROGRAM. This Resolution was adopted unanimously. Absent: Councilor Tomanek 20. 23-0062R RESOLUTION AUTHORIZING REPROGRAMMING OF $22,438.71 OF EMERGENCY SOLUTIONS GRANT (ESG-CV1) FUNDS FROM THE HRA EVICTION PREVENTION PROGRAM TO THE SAFE HAVEN SHELTER PROGRAM. This Resolution was adopted unanimously. Absent: Councilor Tomanek 21. 23-0063R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH ARROWHEAD ECONOMIC OPPORTUNITY AGENCY PROVIDING STAFFING SERVICES AT THE DULUTH CAREERFORCE CENTER. City of Duluth Page 5 City Council Minutes - Final January 23, 2023 Indexes: Attachments: Document A This Resolution was adopted unanimously. Absent: Councilor Tomanek 22. 23-0075R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE STATE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT PROVIDING STAFFING SERVICES AT THE DULUTH CAREERFORCE CENTER. Indexes: Attachments: Document A This Resolution was adopted unanimously. Absent: Councilor Tomanek BY PRESIDENT KENNEDY (COMMITTEE OF THE WHOLE) 23. 23-0064R RESOLUTION APPROVING AGREEMENT WITH FRYBERGER, BUCHANAN, SMITH AND FREDERICK, P.A., FOR LEGISLATIVE SERVICES NOT TO EXCEED $72,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Tomanek BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 24. 23-0006R RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR UTILITIES AND CONSTRUCTION. Indexes: Attachments: EXHIBIT A map This Resolution was adopted unanimously. Absent: Councilor Tomanek 25. 23-0012R RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DULUTH AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF SIDEWALK ADJACENT TO TRUNK HIGHWAY 23 FROM 1.35 MILES EAST OF TRUNK HIGHWAY 210 TO TRUNK HIGHWAY 39 WITHIN THE CORPORATE CITY LIMITS UNDER STATE PROJECT NO. 6910-105 (T.H. 23=185), MNDOT City of Duluth Page 6 City Council Minutes - Final January 23, 2023 CONTRACT NO. 1051989. Indexes: Attachments: 23-0012R MAP EXHIBIT A This Resolution was adopted unanimously. Absent: Councilor Tomanek 26. 23-0040R RESOLUTION AUTHORIZING THE PURCHASE OF 9,500 TONS OF ROAD SALT FROM MORTON SALT, INC. IN THE AMOUNT OF $583,277. This Resolution was adopted unanimously. Absent: Councilor Tomanek 27. 23-0047R RESOLUTION AUTHORIZING A FIVE-YEAR MASTER SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION, FOR PROFESSIONAL GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR AN ANNUAL ESTIMATED AMOUNT OF $150,000 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $750,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Tomanek 28. 23-0053R RESOLUTION AUTHORIZING THE PURCHASE OF PRE-INSULATED PIPE, FITTINGS, VALVES AND ACCESSORIES FOR THE 1ST AVENUE EAST RECONSTRUCTION PROJECT FROM ARMOUR VALVE INC. IN THE AMOUNT OF $319,265.10. This Resolution was adopted unanimously. Absent: Councilor Tomanek 29. 23-0054R RESOLUTION AUTHORIZING A FIVE-YEAR MASTER SERVICES AGREEMENT WITH ALLIANT ENGINEERING, INC., FOR PROFESSIONAL TRAFFIC ENGINEERING SERVICES FOR AN ANNUAL ESTIMATED AMOUNT OF $50,000 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $250,000. Indexes: Attachments: Alliant rate table Exhibit A This Resolution was adopted unanimously. City of Duluth Page 7 City Council Minutes - Final January 23, 2023 Absent: Councilor Tomanek 30. 23-0065R RESOLUTION AUTHORIZING ACCEPTANCE OF A HAZARD MITIGATION ASSISTANCE PROGRAM THROUGH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION, TO PROVIDE BACKUP POWER TO THE CITY’S WATER TREATMENT PLANT. Indexes: Attachments: Exhibit A MAP This Resolution was adopted unanimously. Absent: Councilor Tomanek 31. 23-0066R RESOLUTION AUTHORIZING A FIVE-YEAR MASTER SERVICES AGREEMENT WITH EPC ENGINEERING & TESTING, FOR PROFESSIONAL GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR AN ESTIMATED ANNUAL AMOUNT OF $150,000 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $750,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Tomanek 32. 23-0068R RESOLUTION AUTHORIZING A FIVE-YEAR MASTER SERVICES AGREEMENT WITH TWIN PORTS TESTING, INC., FOR PROFESSIONAL GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR AN ESTIMATED ANNUAL AMOUNT OF $150,000 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $750,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Tomanek 33. 23-0069R RESOLUTION AUTHORIZING A FIVE-YEAR MASTER SERVICES AGREEMENT WITH SHORT ELLIOTT HENDRICKSON, INC., FOR PROFESSIONAL SURVEY AND FIELD DATA COLLECTION SERVICES FOR AN ESTIMATED ANNUAL AMOUNT OF $50,000 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $250,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. City of Duluth Page 8 City Council Minutes - Final January 23, 2023 Absent: Councilor Tomanek 34. 23-0070R RESOLUTION AUTHORIZING A FIVE-YEAR MASTER SERVICES AGREEMENT WITH LHB, INC., FOR PROFESSIONAL SURVEY AND FIELD DATA COLLECTION SERVICES FOR AN ESTIMATED ANNUAL AMOUNT OF $50,000 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $250,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Tomanek 35. 23-0074R RESOLUTION AUTHORIZING A FIVE-YEAR MASTER SERVICES AGREEMENT WITH WSB & ASSOCIATES, INC., FOR GEOTECHNICAL AND MATERIAL TESTING, SURVEY, AND FIELD DATA COLLECTION SERVICES FOR AN ESTIMATED ANNUAL AMOUNT OF $200,000 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,000,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Tomanek BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 36. 23-0073R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA POLLUTION CONTROL AGENCY FOR $100,000 FOR A PLANNING GRANT FOR STORMWATER, WASTEWATER, AND COMMUNITY RESILIENCE PLANNING FOR A STORMWATER NEEDS ANALYSIS FOR SPIRIT MOUNTAIN. Indexes: Attachments: Planning_Grants_for_SWC_Resilience_Sample_Grant_Agreement This Resolution was adopted unanimously. Absent: Councilor Tomanek 37. 23-0076R RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY FROM BNSF RAILWAY COMPANY IN THE IRVING NEIGHBORHOOD FOR $67,000, PLUS RELATED COSTS IN AN AMOUNT UP TO $2500, FOR A TOTAL AMOUNT NOT TO EXCEED $69,500. Indexes: Attachments: Exhibit 1-Resolution Exhibit 2-Resolution City of Duluth Page 9 City Council Minutes - Final January 23, 2023 This Resolution was adopted unanimously. Absent: Councilor Tomanek 38. 23-0077R RESOLUTION ACCEPTING A PERMANENT EASEMENT FROM THE LAKE SUPERIOR CENTER AUTHORITY FOR THE CONSTRUCTION, OPERATION, REPAIR, AND MAINTENANCE OF A SEAWALL AND RELATED APPARATUS AFFECTING REAL PROPERTY NEAR BAYFRONT FESTIVAL PARK FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1-Resolution Exhibit 2-Resolution This Resolution was adopted unanimously. Absent: Councilor Tomanek END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 39. 23-0095R RESOLUTION SUPPORTING EXTENSION OF AN EXISTING ONE-HALF-OF-ONE-PERCENT INCREMENT IN THE CITY OF DULUTH FOOD AND BEVERAGE TAX AND THE CITY OF DULUTH LODGING TAX FOR THE PURPOSE OF FUNDING UP TO $36 MILLION IN CAPITAL IMPROVEMENTS TO PARKS-BASED PUBLIC ATHLETIC FACILITIES IN SUPPORT OF SPORTS TOURISM AND QUALITY OF LIFE IN NORTHEAST MINNESOTA. This Resolution was adopted unanimously. Absent: Councilor Tomanek The following entitled ordinances are to be read for the first time: BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 40. 23-001-O AN ORDINANCE AMENDING SECTIONS 50-20 USE SPECIFIC STANDARDS; 50-21 DIMENSIONAL STANDARDS; 50-36 REVIEWERS AND DECISION MAKERS; 50-37 REVIEW AND APPROVAL PROCEDURES; 50-38 NON-CONFORMITIES; AND 50-41 DEFINITIONS RELATED TO DWELLING FRONT ENTRANCES, PARKING FOR City of Duluth Page 10 City Council Minutes - Final January 23, 2023 VACATION DWELLING UNITS, ACCESSORY HOME SHARES, ACCESSORY SOLAR PANELS, ACCESSORY STRUCTURES/DECKS, AND APPEALS. Indexes: Attachments: Attachment 1 This Ordinance was read for the first time. 41. 23-002-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY 0.7 ACRES FROM RESIDENTIAL-TRADITIONAL (R-1) TO RESIDENTIAL-URBAN (R-2) ADJACENT TO PLATTED ELIZABETH STREET. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 42. 23-003-O ORDINANCE AUTHORIZING THE DULUTH AIRPORT AUTHORITY TO ACCEPT FEDERAL AND STATE OF MINNESOTA GRANTS FOR IMPROVEMENTS TO THE DULUTH INTERNATIONAL AIRPORT AND SKY HARBOR AIRPORT AND TO EXECUTE GRANT DOCUMENTS ON BEHALF OF THE CITY FOR YEAR 2023. This Ordinance was read for the first time. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 11