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, March 27, 2023 7:00 PM Council Chamber ROLL CALL Present: 8- Councilor Gary Anderson, Councilor Azrin Awal, Councilor Arik Forsman, Councilor Noah Hobbs, Councilor Mike Mayou, Councilor Terese Tomanek, Vice President Roz Randorf and President Janet Kennedy Absent: 1- Councilor Hannah Alstead PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 23-022 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2023-03-13, Minutes These Minutes were approved. PUBLIC HEARING - Assessment Roll for RiverWest and Sanitary Sewer Connection (3607 Piedmont Ave) REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS City of Duluth Page 1 City Council Minutes - Final March 27, 2023 2. 23-023 Pre-business Subsidy Report_Wadena West Indexes: Attachments: Pre-business Subsidy Report_Wadena West This Other Officers Report was received. REPORTS OF BOARDS AND COMMISSIONS 3. 23-024 Duluth Parking Commission Meeting Minutes Indexes: Attachments: March 2023 DPC 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 VICE PRESIDENT RANDORF (FINANCE) 4. 23-0195R RESOLUTION CONFIRMING ASSESSMENT ROLL FOR RIVERWEST DEVELOPMENT Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead 5. 23-0198R RESOLUTION CONFIRMING ASSESSMENT ROLL FOR SANITARY SEWER CONNECTION AT 3607 PIEDMONT AVE This Resolution was tabled. 6. 23-0216R RESOLUTION AUTHORIZING THE CITY TO EXPEND UP TO $31,500 OF OPIOID SETTLEMENT FUNDS OVER SIX YEARS ON THE SAFE STORAGE PROGRAM HOUSED AT THE DAMIANO CENTER Indexes: City of Duluth Page 2 City Council Minutes - Final March 27, 2023 Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead BY COUNCILOR ALSTEAD (PURCHASING & LICENSING) 7. 23-0232R RESOLUTION AUTHORIZING A RENEWAL OF CONTRACT 21565 WITH NORTHEAST SERVICE COOPERATIVE DOING BUSINESS AS MN TELECOMM FOR THE INSTALLATION, USE AND MAINTENANCE OF FIBER OPTIC CABLE CONNECTIONS BETWEEN CITY FACILITIES FOR UP TO TEN YEARS FOR AN ESTIMATED ANNUAL AMOUNT OF $119,016. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead BY COUNCILOR AWAL (PERSONNEL) 8. 23-0231R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF HEAVY EQUIPMENT MECHANIC. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead 9. 23-0233R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF INDUSTRIAL EQUIPMENT TECHNICIAN. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead 10. 23-0234R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF WELDER. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. City of Duluth Page 3 City Council Minutes - Final March 27, 2023 Absent: Councilor Alstead 11. 23-0235R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF SEASONAL STREETS LABORER. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead 12. 23-0236R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF UTILITY MAINTENANCE WORKER. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead 13. 23-0237R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF BRIDGE OPERATOR. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 14. 23-0226R RESOLUTION VACATING AN EASEMENT FROM THE UNITED STATES OF AMERICA OVER A PORTION OF THE CIVIC CENTER IN DOWNTOWN DULUTH AND ACCEPTING A REPLACEMENT EASEMENT OVER THE SAME. Indexes: Attachments: Exhibit 1-Resolution Exhibit 2-Resolution Exhibit 3-Resolution Exhibit 4-Resolution This Resolution was adopted unanimously. Absent: Councilor Alstead BY PRESIDENT KENNEDY (COMMITTEE OF THE WHOLE) City of Duluth Page 4 City Council Minutes - Final March 27, 2023 15. 23-0214R RESOLUTION ESTABLISHING CITY OF DULUTH ELECTION PRECINCTS Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: Councilor Alstead BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 16. 23-0194R RESOLUTION AUTHORIZING A FIVE-YEAR MASTER SERVICES AGREEMENT WITH AMERICAN ENGINEERING TESTING, INC., 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 Alstead 17. 23-0209R RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GREENE ESPEL, PLLP, EXTENDING THE TERM OF THE AGREEMENT TO DECEMBER 31, 2024. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead 18. 23-0218R RESOLUTION AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH FRONTIER ENERGY, INC. FOR PROFESSIONAL SERVICES RELATING TO PUBLIC WORKS AND UTILITIES COMMERCIAL AND INDUSTRIAL CONSERVATION IMPROVEMENT PROGRAM FOR AN INCREASE OF $70,000 AND A TOTAL AMOUNT NOT TO EXCEED $145,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead 19. 23-0220R RESOLUTION RESCINDING RESOLUTION 22-1004 AND WITHDRAWING THE COUNCIL’S NOTICE OF INTENT FOR City of Duluth Page 5 City Council Minutes - Final March 27, 2023 RECONSTRUCTION OF FIFTH STREET ALLEY BEGINNING AT 21ST AVENUE EAST AND EXTENDING TO 22ND AVENUE EAST AND TO ASSESS THE COST THEREOF. Indexes: Attachments: MAP Exhibit A Exhibit A (2) This Resolution was adopted unanimously. Absent: Councilor Alstead 20. 23-0224R RESOLUTION AUTHORIZING AN AGREEMENT WITH MSA PROFESSIONAL SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN SERVICES FOR THE WOODLAND BOOSTER STATION IMPROVEMENTS PROJECT IN THE AMOUNT OF $340,192. Indexes: Attachments: MAP MSA Proposal This Resolution was adopted unanimously. Absent: Councilor Alstead 21. 23-0228R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES FROM SMDC MEDICAL CENTER OVER, UNDER, AND ACROSS PORTIONS OF VACATED SIXTH AVENUE EASEMENT IN THE EAST HILLSIDE NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1-Resolution Exhibit 2-Resolution This Resolution was adopted unanimously. Absent: Councilor Alstead 22. 23-0230R RESOLUTION VACATING A PORTION OF PLATTED EVERGREEN ROAD AND THE STREET EASEMENT THAT WAS CREATED OR IMPLIED IN CITY COUNCIL RESOLUTION NO. 78-393, RECORDED AS DOCUMENT NO. 412998 IN THE OFFICE OF THE ST. LOUIS COUNTY REGISTRAR OF TITLES, BOTH AFFECTING PROPERTY IN THE PLAT OF REARRANGMENT OF OUTLOTS E AND F, GREYSOLON FARMS, FIRST DIVISION. Indexes: City of Duluth Page 6 City Council Minutes - Final March 27, 2023 Attachments: Exhibit 1-Resolution Exhibit 2-Staff Report This Resolution was adopted unanimously. Absent: Councilor Alstead 23. 23-0238R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO REQUEST AND ACCEPT FROM ST. LOUIS COUNTY, ON BEHALF OF THE STATE OF MINNESOTA, CERTAIN TAX FORFEITED LANDS FOR ROAD AND UTILITY PURPOSES. Indexes: Attachments: Exhibit A-Resolution Exhibit B-Resolution This Resolution was adopted unanimously. Absent: Councilor Alstead 24. 23-0239R RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF SANDING BODY EQUIPMENT FROM BERT’S TRUCK EQUIPMENT OF MOORHEAD, INC IN THE AMOUNT OF $161,361.00. This Resolution was adopted unanimously. Absent: Councilor Alstead BY COUNCILOR TOMANEK (PUBLIC SAFETY) 25. 23-0212R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A $71,754 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. Indexes: Attachments: Document A - Award Agreement This Resolution was adopted unanimously. Absent: Councilor Alstead 26. 23-0217R RESOLUTION AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY TO PERFORM POLICE SERVICES PURSUANT TO 2021 OPERATION STONEGARDEN GRANT OPERATIONS ORDER AND ACCEPTING REIMBURSEMENT THROUGH ST. LOUIS COUNTY IN THE AMOUNT OF $52,093. Indexes: City of Duluth Page 7 City Council Minutes - Final March 27, 2023 Attachments: Exhibit A - Cover Sheet (nonpublic data) Exhibit B - Partner Agreement This Resolution was adopted unanimously. Absent: Councilor Alstead BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 27. 23-0215R RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO AGREEMENT C24400 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES LAKE SUPERIOR COASTAL PROGRAM GRANT FOR THE REPLACEMENT OF A BEACH DUNE-CROSSING BOARDWALK NEAR THE LAFAYETTE COMMUNITY CENTER Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead 28. 23-0225R RESOLUTION AUTHORIZING AN AGREEMENT WITH J & M DISPLAYS INC. FOR THE CREATION AND EXECUTION OF A FIREWORKS DISPLAY FOR JULY 4, 2023 FOR A TOTAL NOT TO EXCEED $60,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead 29. 23-0227R RESOLUTION AUTHORIZING APPLICATION TO THE U.S. FOREST SERVICE COMMUNITY FOREST AND OPEN SPACE CONSERVATION GRANT PROGRAM FOR UP TO $250,000 TO ACQUIRE 15 ACRES FROM THE DULUTH CEMETERY ASSOCIATION FOR RECREATION AND PRESERVATION. Indexes: Attachments: Exhibit B Exhibit A This Resolution was adopted unanimously. Absent: Councilor Alstead END OF CONSENT AGENDA The following entitled ordinances are to be read for the first time: City of Duluth Page 8 City Council Minutes - Final March 27, 2023 BY VICE PRESIDENT RANDORF (FINANCE) 30. 23-009-O AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 41-24 MODIFYING COUNCIL APPROVAL REQUIREMENTS FOR DEPARTMENT HEAD PURCHASES AND AWARDING CONTRACTS. This Ordinance was read for the first time. BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 31. 23-011-O AN ORDINANCE AMENDING THE R-P DISTRICT REGULATING PLAN FOR RAMSEY VILLAGE TO DESIGNATE LAND NEAR 52ND AVENUE WEST AND ELINOR STREET TO BE TYPE VIII (MIXED USE COMMERCIAL AND RESIDENTIAL BUILDING), TO DESIGNATE PARTS OF LOTS 12-18, BLOCK 168, WEST DULUTH SEVENTH DIVISION, TO BE TYPE VIII BUILDING, AND TO ADD TYPE VIII BUILDING TO EXISTING TYPE VI BUILDING ON LOTS 24-28, BLOCK 169, WEST DULUTH SEVENTH DIVISION. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 32. 23-012-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY 660 ACRES FROM MU-N TO AP (AIRPORT DISTRICT) AND TO RECLASSIFY 110 ACRES FROM MU-B TO AP ON LAND CURRENTLY USED FOR AIRPORT OPERATIONS AT DULUTH INTERNATIONAL AIRPORT. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 33. 23-013-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY ONE HALF BLOCK SOUTH OF W 1ST STREET, BETWEEN 19TH AVENUE W AND 20TH AVENUE W, FROM MIXED USE-BUSINESS (MU-B) TO FORM DISTRICT 5 (F-5). Indexes: Attachments: Attachment 1 Attachment 2 City of Duluth Page 9 City Council Minutes - Final March 27, 2023 This Ordinance was read for the first time. BY PRESIDENT KENNEDY (COMMITTEE OF THE WHOLE) 34. 23-010-O AN ORDINANCE AMENDING SECTION 2-42 OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO ASSIGNMENT OF ELECTION PRECINCTS. This Ordinance was read for the first time. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 10