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, April 10, 2023 7:00 PM Council Chamber ROLL CALL Present: 8- Councilor Hannah Alstead, Councilor Gary Anderson, Councilor Azrin Awal, Councilor Noah Hobbs, Councilor Mike Mayou, Councilor Terese Tomanek, Vice President Roz Randorf and President Janet Kennedy Absent: 1- Councilor Arik Forsman PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 23-025 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2023-03-27, Minutes These Minutes were adopted. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 2. 23-026 Duluth Seaway Port Authority Meeting Minutes City of Duluth Page 1 City Council Minutes - Final April 10, 2023 Indexes: Attachments: August 2022 Minutes September 2022 Minutes October 2022 Minutes November 2022 Minutes December 2022 Minutes This Board or Commission Report was received. 3. 23-027 Library Board Meeting Minutes Indexes: Attachments: February 2023 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 RANDORF (FINANCE) 4. 23-0198R RESOLUTION CONFIRMING ASSESSMENT ROLL FOR SANITARY SEWER CONNECTION AT 3607 PIEDMONT AVE This Resolution was adopted unanimously. Absent: Councilor Forsman. CONSENT AGENDA BY VICE PRESIDENT RANDORF (FINANCE) 5. 23-0207R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DULUTH AIRPORT AUTHORITY TO INSURE CERTAIN DULUTH AIRPORT AUTHORITY PROPERTY AND EQUIPMENT UNDER THE CITY’S PROPERTY AND BOILER INSURANCE POLICIES. City of Duluth Page 2 City Council Minutes - Final April 10, 2023 Indexes: Attachments: Attachment A This Resolution was adopted unanimously. Absent: Councilor Forsman. 6. 23-0257R RESOLUTION APPROVING THE AMENDED MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND AUTHORIZING PARTICIPATION IN NATIONAL OPIOID SETTLEMENTS. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Forsman. 7. 23-0260R RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR MAY 1, 2023 TO APRIL 30, 2024 IN THE AMOUNT OF $7,647,935 FOR THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. Absent: Councilor Forsman. 8. 23-0262R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO CONTRACT 24353 WITH HEACOX, HARTMAN, KOSHMRL, COSGRIFF, JOHNSON, LANE & FEENSTRA, P.A., FOR ADDITIONAL LEGAL PROFESSIONAL SERVICES IN THE AMOUNT OF $43,000 FOR AN AMENDED CONTRACT TOTAL NOT TO EXCEED $82,000 AND EXTENDING THE TERM OF THE AGREEMENT TO DECEMBER 31, 2023. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Forsman. BY COUNCILOR AWAL (PERSONNEL) 9. 23-0259R RESOLUTION CONFIRMING THE REAPPOINTMENT OF CHRIS ADATTE AND CARRIE RYAN TO THE DULUTH PUBLIC UTILITIES COMMISSION. City of Duluth Page 3 City Council Minutes - Final April 10, 2023 This Resolution was adopted unanimously. Absent: Councilor Forsman. 10. 23-0276R RESOLUTION CONFIRMING THE REAPPOINTMENT OF MEMBERS TO THE DULUTH BOARDS AND COMMISSIONS. This Resolution was adopted unanimously. Absent: Councilor Forsman. 11. 23-0277R RESOLUTION CONFIRMING APPOINTMENT OF MEMBERS TO DULUTH BOARDS AND COMMISSIONS. This Resolution was adopted unanimously. Absent: Councilor Forsman. BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 12. 23-0258R RESOLUTION AUTHORIZING DEVELOPMENT AGREEMENT IN THE AMOUNT OF $14,000,000 AND GROUND LEASE WITH ST. LUKE’S HOSPITAL OF DULUTH FOR DESIGN AND CONSTRUCTION OF A NEW PARKING RAMP AS PART OF THE DULUTH REGIONAL EXCHANGE DISTRICT. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. Absent: Councilor Forsman. 13. 23-0261R RESOLUTION AUTHORIZING THE BUILDING OFFICIAL TO ABATE NUISANCES BY REMOVAL OF TWO STRUCTURALLY UNSOUND BUILDINGS IN THE CITY OF DULUTH AT A TOTAL COST NOT TO EXCEED $70,000. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 This Resolution was adopted unanimously. Absent: Councilor Forsman. 14. 23-0267R RESOLUTION APPROVING A TWENTY YEAR DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DULUTH AND CENTER CITY HOUSING CORP. FOR THE WADENA WEST RESIDENTIAL PROJECT City of Duluth Page 4 City Council Minutes - Final April 10, 2023 AT A TOTAL COST NOT TO EXCEED $1,750,000. Indexes: Attachments: Exhibit A_Development Agreement Exhibit B_Location Map This Resolution was adopted unanimously. Absent: Councilor Forsman. 15. 23-0283R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A $3,875 GRANT AWARD FROM THE OFFICE OF BROADBAND DEVELOPMENT, ASSESSING DIGITAL INCLUSION MINI GRANT PROGRAM, TO BE USED FOR EXPENSES INCURRED DURING COMMUNITY ENGAGEMENT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Forsman. BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 16. 23-0254R RESOLUTION AUTHORIZING A ONE-YEAR SERVICE AGREEMENT WITH PEC SOLUTIONS, LLC DBA PARSONS ELECTRIC AND HUNT ELECTRIC CORPORATION FOR MISCELLANEOUS ELECTRICAL PROJECT AND REPAIR SERVICES FOR THE TRAFFIC OPERATIONS DIVISION FOR AN ESTIMATED TOTAL OF $150,000 EACH AND A TOTAL AMOUNT NOT TO EXCEED $300,000. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. Absent: Councilor Forsman. 17. 23-0270R RESOLUTION AUTHORIZING A PURCHASE FROM ENERGETX SYSTEMS, LLC OF A HEATING ENERGY TRANSFER STATION (ETS) FOR THE OLD CENTRAL HIGH SCHOOL BUILDING (ZENITH DCHS) STEAM TO HOT WATER CONVERSION PROJECT FOR AN AMOUNT NOT TO EXCEED $97,300.00. This Resolution was adopted unanimously. Absent: Councilor Forsman. 18. 23-0271R RESOLUTION AUTHORIZING THE PURCHASE OF AN ENERGY TRANSFER STATION FOR THE HARBOR CENTER BUILDING STEAM City of Duluth Page 5 City Council Minutes - Final April 10, 2023 TO HOT WATER CONVERSION PROJECT FROM ENERGETX SYSTEMS, LLC FOR AN AMOUNT NOT TO EXCEED $95,978.00. This Resolution was adopted unanimously. Absent: Councilor Forsman. 19. 23-0272R RESOLUTION AUTHORIZING THE PURCHASE OF AN ENERGY TRANSFER STATION FOR THE ST. LUKE’S BUILDING A STEAM TO HOT WATER CONVERSION PROJECT FROM ENERGETX SYSTEMS, LLC IN THE AMOUNT NOT TO EXCEED $150,731.30. This Resolution was adopted unanimously. Absent: Councilor Forsman. 20. 23-0281R RESOLUTION TO ESTABLISH A “NO PARKING” ZONE ON THE LOWER SIDE OF 3RD STREET FROM MESABA AVENUE TO 12TH AVENUE EAST. Indexes: Attachments: MAP This Resolution was adopted unanimously. Absent: Councilor Forsman. BY COUNCILOR TOMANEK (PUBLIC SAFETY) 21. 23-0269R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A $20,000 GRANT FROM THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES TO FUND THE DULUTH POLICE DEPARTMENT’S GET HOOKED ON FISHING PROGRAM. Indexes: Attachments: Document A - Grant Agreement This Resolution was adopted unanimously. Absent: Councilor Forsman. BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 22. 23-0191R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30338 WITH GARDNER BUILDERS DULUTH FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE HARTLEY NATURE CENTER BUILDING EXPANSION AND HARTLEY PARK IMPROVEMENTS TO INCREASE THE AMOUNT BY $214,655.51 FOR A NEW TOTAL OF $2,754,965.51. Indexes: City of Duluth Page 6 City Council Minutes - Final April 10, 2023 Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Forsman. 23. 23-0263R RESOLUTION APPROVING CITY OF DULUTH LIBRARY SECURITY ASSESSMENT FOR MAIN DULUTH PUBLIC LIBRARY AND AUTHORIZES IMPLEMENTATION OF RECOMMENDATIONS AS RESOURCES PERMIT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Forsman. 24. 23-0264R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR A REGIONAL TRAIL PROGRAM GRANT OF UP TO $300,000 TO CONSTRUCT A PORTION OF SEGMENT 6 OF THE CROSS CITY TRAIL Indexes: Attachments: Exhibit A - Grant Map 03 23 23 This Resolution was adopted unanimously. Absent: Councilor Forsman. 25. 23-0265R RESOLUTION AUTHORIZING AN AGREEMENT WITH AMI CONSULTING ENGINEERS FOR COASTAL ENGINEERING SERVICES AT MULTIPLE LOCATIONS DAMAGED DURING THE NOVEMBER 2022 STORM FOR A TOTAL AMOUNT NOT TO EXCEED $162,075.00 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Forsman. 26. 23-0268R RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A GENERAL OBLIGATION BOND GRANT FOR EXPENSES DIRECTLY RELATED TO PREDESIGN, DESIGN, CONSTRUCTION, FURNISHING, AND EQUIPPING OF SEAWALL AND LAKEWALK INFRASTRUCTURE WITH RELATED SURFACE IMPROVEMENTS, INCLUDING A BOARDWALK AND BIKE TRAILS, PUBLIC GATHERING SPACES, AND LOADING AREAS, ALONG THE SHORE OF LAKE SUPERIOR IN THE CITY OF DULUTH, IN THE AMOUNT OF $13,500,000. This Resolution was adopted unanimously. City of Duluth Page 7 City Council Minutes - Final April 10, 2023 Absent: Councilor Forsman. 27. 23-0273R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30568 WITH KFI ENGINEERS FOR ADDITIONAL ENGINEERING SERVICES FOR THE CITY HALL MECHANICAL, ELECTRICAL AND PLUMBING RENEWAL PROJECT, FOR AN INCREASE OF $578,600.00 AND A NEW TOTAL AMOUNT NOT TO EXCEED $1,526,900.00. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Forsman. END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY PRESIDENT KENNEDY (COMMITTEE OF THE WHOLE) 28. 23-0286R RESOLUTION AFFIRMING COMMITMENT TO DEVELOPMENT OF RESIDENTIAL HOUSING IN DULUTH AND CLARIFYING RESIDENTIAL REQUIREMENTS IN HOUSING DEVELOPMENT AGREEMENTS. This Resolution was adopted unanimously. Absent: Councilor Forsman. The following entitled ordinances are to be read for the second time: BY VICE PRESIDENT RANDORF (FINANCE) 29. 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 adopted unanimously. Absent: Councilor Forsman. BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 30. 23-011-O AN ORDINANCE AMENDING THE R-P DISTRICT REGULATING PLAN FOR RAMSEY VILLAGE TO DESIGNATE LAND NEAR 52ND AVENUE City of Duluth Page 8 City Council Minutes - Final April 10, 2023 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 Resolution was adopted unanimously. Absent: Councilor Forsman. 31. 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 Resolution was adopted unanimously. Absent: Councilor Forsman. 32. 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 This Resolution was adopted unanimously. Absent: Councilor Forsman. BY PRESIDENT KENNEDY (COMMITTEE OF THE WHOLE) 33. 23-010-O AN ORDINANCE AMENDING SECTION 2-42 OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO ASSIGNMENT OF ELECTION PRECINCTS. This Resolution was adopted unanimously. Absent: Councilor Forsman. City of Duluth Page 9 City Council Minutes - Final April 10, 2023 COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 10