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, June 12, 2023 7:00 PM Council Chamber ROLL CALL Present: 8- Councilor Hannah Alstead, 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 Gary Anderson PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 23-034 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2023-05-22, Minutes These Minutes were approved. PUBLIC HEARING REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS City of Duluth Page 1 City Council Minutes - Final June 12, 2023 2. 23-035 Library Board Meeting Minutes Indexes: Attachments: March 2023 - Library Board Minutes This Board or Commission Report was received. 3. 23-036 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: January 2023 - DPUC Minutes March 2023 - DPUC Minutes This Board or Commission Report was received. 4. 23-037 Housing and Redevelopment Authority of Duluth Indexes: Attachments: Minutes - February 2023 Minutes - March 2023 Minutes - April 2023 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 COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 5. 23-0413R RESOLUTION AUTHORIZING A CONTRACT WITH RACHEL CONTRACTING LLC FOR THE ENGER GOLF COURSE EARTHWORK IMPROVEMENTS FOR AN AMOUNT NOT TO EXCEED $411,609.37. This Resolution was adopted unanimously. Absent: Councilor Anderson 6. 23-0414R RESOLUTION AUTHORIZING A CONTRACT WITH COMMERCIAL IRRIGATION FOR THE ENGER GOLF COURSE IRRIGATION IMPROVEMENTS FOR AN AMOUNT NOT TO EXCEED $4,646,619.00. City of Duluth Page 2 City Council Minutes - Final June 12, 2023 This Resolution was adopted unanimously. Absent: Councilor Anderson 7. 23-0415R RESOLUTION AUTHORIZING A CONTRACT WITH MCI FLOWTRONEX LLC FOR THE ENGER GOLF COURSE PUMP STATION FOR AN AMOUNT NOT TO EXCEED $283,561.53. This Resolution was adopted unanimously. Absent: Councilor Anderson CONSENT AGENDA BY COUNCILOR ALSTEAD (PURCHASING & LICENSING) 8. 23-0425R RESOLUTION AUTHORIZING AN AGREEMENT WITH URBAN POLICY DEVELOPMENT, LLC DBA UPD CONSULTING, FOR PROFESSIONAL SERVICES RELATED TO DIVERSITY, EQUITY AND INCLUSION STRATEGIC PLANNING FOR AN AMOUNT NOT TO EXCEED $149,405. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. Absent: Councilor Anderson BY COUNCILOR AWAL (PERSONNEL) 9. 23-0426R RESOLUTION CONFIRMING THE REAPPOINTMENTS OF MEMBERS TO BOARDS AND COMMISSIONS. This Resolution was adopted unanimously. Absent: Councilor Anderson 10. 23-0427R RESOLUTION CONFIRMING THE APPOINTMENT OF CHRISTINA JOHNSON TO THE COMMISSION ON DISABILITIES. This Resolution was adopted unanimously. Absent: Councilor Anderson 11. 23-0428R RESOLUTION CONFIRMING THE APPOINTMENT OF BRIAN HAMMOND TO THE PLANNING COMMISSION. City of Duluth Page 3 City Council Minutes - Final June 12, 2023 This Resolution was adopted unanimously. Absent: Councilor Anderson 12. 23-0430R RESOLUTION CONFIRMING THE APPOINTMENT OF BRANDON VAN TASSEL AND ANTONIO DAVIS TO THE DULUTH PARKING COMMISSION. This Resolution was adopted unanimously. Absent: Councilor Anderson 13. 23-0431R RESOLUTION CONFIRMING THE REAPPOINTMENT OF STEVE WICK TO THE COMMUNITY DEVELOPMENT COMMITTEE. This Resolution was adopted unanimously. Absent: Councilor Anderson 14. 23-0440R RESOLUTION CONFIRMING THE APPOINTMENT OF JOSE GONZALEZ AND ELLEN HATFIELD TO THE LIBRARY BOARD. This Resolution was adopted unanimously. Absent: Councilor Anderson BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 15. 23-0458R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO DISCHARGE $108,500 IN HOME PROGRAM LOAN DEBT PLUS ACCRUED INTEREST OWED BY MPA LIMITED PARTNERS II LIMITED PARTNERSHIP. This Resolution was adopted unanimously. Absent: Councilor Anderson 16. 23-0461R RESOLUTION APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DULUTH AND MERGE, LLC FOR THE RESIDENCE RESIDENTIAL PROJECT. Indexes: Attachments: Exhibit A_first amendment This Resolution was adopted unanimously. Absent: Councilor Anderson BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 17. 23-0429R RESOLUTION AUTHORIZING AN AMENDED AND RESTATED City of Duluth Page 4 City Council Minutes - Final June 12, 2023 PROFESSIONAL ASSET MANAGEMENT AGREEMENT BETWEEN TENASKA MARKETING VENTURES, TENASKA GAS STORAGE, LLC, AND THE CITY OF DULUTH STANDARDIZING THE CONTRACT LANGUAGE WITHOUT CHANGING THE TERMS OF THE AGREEMENT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson 18. 23-0444R RESOLUTION AWARDING A CONTRACT TO ULLAND BROTHERS, INC. FOR THE 3rd st RECONDITIONING PROJECT IN THE AMOUNT OF $4,942,216.00. Indexes: Attachments: MAP This Resolution was adopted unanimously. Absent: Councilor Anderson 19. 23-0446R RESOLUTION AWARDING A CONTRACT TO VEIT & COMPANY, INC. FOR THE 2023 CIPP STORM LINING PROJECT - CITY WIDE, PROJECT NO. 2114 IN THE AMOUNT OF $1,157,162.00 Indexes: Attachments: MAP This Resolution was adopted unanimously. Absent: Councilor Anderson 20. 23-0447R RESOLUTION AUTHORIZING ACCEPTANCE A SAFE ROUTE TO SCHOOL (SRTS) GRANT FROM THE MINNESOTA STATE TRANSPORTATION FUND FOR THE DEVONSHIRE STREET RECONSTRUCTION AND LINCOLN PARK MIDDLE SCHOOL SAFE ROUTES TO SCHOOL IMPROVEMENTS IN THE AMOUNT OF $293,046.00. Indexes: Attachments: Exhibit A- Grant Application Exhibit B-Map This Resolution was adopted unanimously. Absent: Councilor Anderson 21. 23-0448R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH FOR THE DEVONSHIRE STREET RECONSTRUCTION AND LINCOLN PARK MIDDLE SCHOOL SAFE ROUTES TO SCHOOL IMPROVEMENTS, CITY PROJECT NO. 2101, IN City of Duluth Page 5 City Council Minutes - Final June 12, 2023 THE AMOUNT OF $1,077,500.00 Indexes: Attachments: Plan Title for Resolution This Resolution was adopted unanimously. Absent: Councilor Anderson 22. 23-0462R RESOLUTION AUTHORIZING AN AGREEMENT WITH MSA PROFESSIONAL SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN AND BIDDING SERVICES FOR THE LAKEWOOD WATER TREATMENT PLANT - STANDBY POWER PROJECT IN THE AMOUNT OF $312,617. Indexes: Attachments: MAP This Resolution was adopted unanimously. Absent: Councilor Anderson 23. 23-0464R RESOLUTION AUTHORIZING AGREEMENT WITH ME GLOBAL, INC., FOR GAS TRANSPORTATION SERVICES. Indexes: Attachments: Document A This Resolution was adopted unanimously. Absent: Councilor Anderson BY COUNCILOR TOMANEK (PUBLIC SAFETY) 24. 23-0434R RESOLUTION AUTHORIZING THE CITY TO ACCEPT REIMBURSEMENT MONIES ON BEHALF OF THE DULUTH POLICE DEPARTMENT, SAID REIMBURSEMENT MONIES TO BE PAID UNDER THE MINNESOTA ANTI-HEROIN TASK FORCE PROGRAM FOR THE PURPOSE OF SUPPORTING THE OPERATIONS OF THE DULUTH POLICE DEPARTMENT. Indexes: Attachments: Document A - JPA This Resolution was adopted unanimously. Absent: Councilor Anderson 25. 23-0435R RESOLUTION AUTHORIZING MUTUAL AID AGREEMENT WITH ST. LOUIS COUNTY, MINNESOTA. Indexes: Attachments: Document A City of Duluth Page 6 City Council Minutes - Final June 12, 2023 This Resolution was adopted unanimously. Absent: Councilor Anderson 26. 23-0445R RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN ST. LOUIS COUNTY AND THE CITY OF DULUTH FOR FY 2020 OPERATION STONEGARDEN PROVIDING FOR AN ADDITIONAL ALLOCATION OF FUNDS TO THE CITY IN THE AMOUNT OF $10,217.54 FOR LAW ENFORCEMEN SERVICES UNDER THE GRANT FROM THE U.S. DEPARTMENT OF PUBLIC SAFETY. Indexes: Attachments: Document A - Amendment This Resolution was adopted unanimously. Absent: Councilor Anderson BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 27. 23-0433R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF LINCOLN PARK SIGNAGE FROM GEOGRAPH INDUSTRIES, INC. IN THE AMOUNT OF $70,814. This Resolution was adopted unanimously. Absent: Councilor Anderson 28. 23-0439R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM AND EXECUTE A GRANT AGREEMENT WITH TWIN CITIES PUBLIC TELEVISION, INC., IN THE AMOUNT OF $2,500 FOR YOUTH STEM OUTREACH PROGRAM. Indexes: Attachments: Document A This Resolution was adopted unanimously. Absent: Councilor Anderson 29. 23-0451R RESOLUTION AUTHORIZING APPLICATION TO THE US FOREST SERVICE URBAN AND COMMUNITY FORESTRY PROGRAM FOR A GRANT OF UP TO $3,500,000 TO ENHANCE DULUTH’S URBAN FOREST AND PROVIDE PATHWAYS TO ENVIRONMENTAL CAREERS This Resolution was adopted unanimously. Absent: Councilor Anderson 30. 23-0452R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30511 WITH AMI CONSULTING ENGINEERS FOR COASTAL, MARINE City of Duluth Page 7 City Council Minutes - Final June 12, 2023 STRUCTURAL, AND ELECTRICAL ENGINEERING SERVICES RELATED TO THE DULUTH SEAWALL, BAYWALK AND HARBOR PLAZA PROJECT, FOR AN INCREASE OF $758,700.00 AND A NEW TOTAL AMOUNT NOT TO EXCEED $1,090,440.25. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson 31. 23-0453R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30505 WITH CONFLUENCE INC. FOR LANDSCAPE ARCHITECTURE DESIGN AND CIVIL ENGINEERING SERVICES RELATED TO THE DULUTH SEAWALL, BAYWALK AND HARBOR PLAZA PROJECT, FOR AN INCREASE OF $198,400.00 AND A NEW TOTAL AMOUNT NOT TO EXCEED $599,510.00. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson 32. 23-0454R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30827 WITH TKDA FOR ENGINEERING SERVICES RELATED TO THE SPIRIT MOUNTAIN SNOWMOBILE TRAIL PROJECT, FOR AN INCREASE OF $9,927.00 AND A NEW TOTAL AMOUNT NOT TO EXCEED $64,400. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson 33. 23-0455R RESOLUTION AUTHORIZING A PURCHASE FROM JD FIELDS & COMPANY, INC. FOR STEEL MATERIALS FOR SEAWALL RECONSTRUCTION FOR A TOTAL AMOUNT NOT TO EXCEED $1,949,467.32. This Resolution was adopted unanimously. Absent: Councilor Anderson 34. 23-0457R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30697 WITH RACHEL CONTRACTING, LLC FOR THE BRIGHTON BEACH LAKESHORE STABILIZATION PROJECT, TO INCREASE THE AMOUNT BY $785,590.50 FOR A NEW TOTAL OF $1,495,856.50. City of Duluth Page 8 City Council Minutes - Final June 12, 2023 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson 35. 23-0459R RESOLUTION AUTHORIZING A CONTRACT WITH VEIT & COMPANY, INC. FOR THE BRIGHTON BEACH LANDSCAPE AND SHORELINE RESTORATION PROJECT FOR AN AMOUNT NOT TO EXCEED $1,469,000.00. This Resolution was adopted unanimously. Absent: Councilor Anderson 36. 23-0460R RESOLUTION AUTHORIZING A THREE-YEAR NON-EXCLUSIVE USE AGREEMENT WITH WESTERN DULUTH LITTLE LEAGUE INCORPORATED FOR THE USE AND MAINTENANCE OF THE FIELDS BEHIND WADE STADIUM. Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. Absent: Councilor Anderson 37. 23-0463R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT FROM ST. LOUIS COUNTY, ON BEHALF OF THE STATE OF MINNESOTA, CERTAIN TAX FORFEITED LANDS FOR CITY OWNERSHIP AND OPEN SPACE PROTECTION. Indexes: Attachments: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Memo City of Duluth Page 9 City Council Minutes - Final June 12, 2023 This Resolution was adopted unanimously. Absent: Councilor Anderson 38. 23-0465R RESOLUTION AUTHORIZING AN AGREEMENT WITH CYCLISTS OF GITCHEE GUMEE SHORES FOR CONSTRUCTION OF DULUTH TRAVERSE TRAIL INFRASTRUCTURE IN 2023 AND 2024 AT NO COST TO THE CITY. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. Absent: Councilor Anderson 39. 23-0467R RESOLUTION AUTHORIZING A TWENTY-YEAR AGREEMENT WITH MINNESOTA POWER, A DIVISION OF ALLETE, INC., TO ACCEPT A LICENSE FOR A NON-MOTORIZED PUBLIC TRAIL TO BE USED IN CONNECTION WITH THE CROSS CITY TRAIL, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1 This Resolution was adopted unanimously. Absent: Councilor Anderson 40. 23-0468R RESOLUTION AUTHORIZING A TWENTY-YEAR TRAIL AUTHORIZATION WITH ST. LOUIS COUNTY, MINNESOTA FOR USE OF CERTAIN TAX-FORFEITED PARCELS FOR A NON-MOTORIZED BICYCLE AND PEDESTRIAN TRANSPORTATION CORRIDOR TO BE USED IN CONNECTION WITH THE CROSS CITY TRAIL, AT NO COST TO THE CITY. This Resolution was adopted unanimously. Absent: Councilor Anderson END OF CONSENT AGENDA The following entitled resolutions are also to be considered: 41. 23-0469R RESOLUTION OF INTENT TO ESTABLISH LESTER PARK GOLF COURSE AS THE TEMPORARY LOCATION OF CITY OF DULUTH GOLF OPERATIONS FOR THE 2024 SEASON. City of Duluth Page 10 City Council Minutes - Final June 12, 2023 This Resolution was failed. 42. 23-0485R RESOLUTION OF INTENT TO MAINTAIN ENGER PARK GOLF COURSE AS THE LOCATION OF CITY OF DULUTH GOLF OPERATIONS FOR THE 2024 SEASON. This Resolution was adopted unanimously. Absent: Councilor Anderson The following entitled ordinances are to be read for the first time: BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 43. 23-015-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PROPERTY AT THE FORMER DWP SITE IN THE FAIRMOUNT NEIGHBORHOOD FROM RESIDENTIAL-TRADITIONAL (R-1) AND RESIDENTIAL-URBAN (R-2) TO RESIDENTIAL-PLANNED (R-P). Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 This Ordinance was read for the first time. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 11