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, August 14, 2023 7:00 PM Council Chamber ROLL CALL Present: 9- Councilor Hannah Alstead, 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 PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 23-048 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2023-07-24, Minutes These Minutes were approved. PUBLIC HEARING - Proposed Technical City Charter Changes PUBLIC HEARING - Development Agreement Between DEDA and Saturday Zenith, LLC (23-0609R) REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS City of Duluth Page 1 City Council Minutes - Final August 14, 2023 REPORTS OF BOARDS AND COMMISSIONS 2. 23-049 Duluth Parking Commission Meeting Minutes Indexes: Attachments: July 2023 DPC Minutes This Board or Commission Report was received. 3. 23-050 Duluth Housing and Redevelopment Authority Meeting Minutes Indexes: Attachments: Minutes - June 2023 HRA 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 COUNCILOR ALSTEAD (PURCHASING & LICENSING) 4. 23-0602R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: Attachment A Attachment B Attachment C This Resolution was adopted unanimously. 5. 23-0603R RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF VARIOUS LICENSEES. Indexes: Attachments: Attachment B Attachment A This Resolution was adopted unanimously. City of Duluth Page 2 City Council Minutes - Final August 14, 2023 6. 23-0604R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE TO TIAN TIAN DULUTH, LLC. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 7. 23-0605R RESOLUTION APPROVING THE TRANSFER OF AN ON SALE COMBINATION BEER & WINE LICENSE HELD BY NORTHERN WATERS SMOKEHAUS, INC. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 8. 23-0606R RESOLUTION APPROVING RENEWAL AND ISSUANCE OF ON AND OFF SALE INTOXICATING LIQUOR, ON SALE THEATER, ON SALE SUNDAY, ADDITIONAL BAR, 2:00 A.M. SERVICE, WINE, ON AND OFF SALE 3.2 PERCENT MALT LIQUOR, BREWERY ON AND OFF SALE, MICRODISTILLERY ON AND OFF SALE, AND LATE HOUR ENTERTAINMENT LICENSES FOR THE PERIOD BEGINNING SEPTEMBER 1, 2023, AND ENDING AUGUST 31, 2024. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. BY COUNCILOR AWAL (PERSONNEL) 9. 23-0625R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF PAYROLL ADMINISTRATOR. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 10. 23-0626R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF UTILITY INFORMATION SYSTEMS ANALYST, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A City of Duluth Page 3 City Council Minutes - Final August 14, 2023 This Resolution was adopted unanimously. 11. 23-0627R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF VEHICLE MAINTENANCE TECHNICIAN. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 12. 23-0628R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF VEHICLE REPAIR SPECIALIST. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 13. 23-0629R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF SENIOR ENGINEERING SPECIALIST. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 14. 23-0630R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF DEPUTY FIRE CHIEF. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 15. 23-0631R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF FIRE SYSTEMS INSPECTOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 16. 23-0595R RESOLUTION RESCINDING RESOLUTION NO. 23-0567R AND City of Duluth Page 4 City Council Minutes - Final August 14, 2023 VACATING THE UNIMPROVED UTILITY EASEMENT LYING ADJACENT TO AND ABUTTING LOT 8 AND LOT 9, LEVI ACRES. Indexes: Attachments: PL 23-108 Staff report and attachments This Resolution was adopted unanimously. 17. 23-0609R RESOLUTION APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND SATURDAY ZENITH, LLC, FOR THE DEVELOPMENT OF THE ZENITH HISTORIC OLD CENTRAL HIGH SCHOOL PROJECT Indexes: Attachments: Exhibit_2nd Amendment Zenith Business Subsidy Report_Amended This Resolution was adopted unanimously. 18. 23-0610R RESOLUTION VACATING A PORTION OF THE PLATTED ALLEY BETWEEN BLOCKS 16 AND 19, PORTLAND DIVISION OF DULUTH. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 19. 23-0619R RESOLUTION AUTHORIZING A FIFTEEN-YEAR MAINTENANCE AND OPERATING AGREEMENT FOR MEDICAL DISTRICT PARKING RAMP SKYWALK BRIDGE AS PART OF THE REGIONAL EXCHANGE DISTRICT, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1-Maintenance Agreement This Resolution was adopted unanimously. 20. 23-0620R RESOLUTION ACCEPTING A PERMANENT EASEMENT FROM ST. MARY’S DULUTH CLINIC HEALTH SYSTEM FOR CONNECTION OF A PEDESTRIAN PASSAGEWAY BRIDGE AS PART OF THE REGIONAL EXCHANGE DISTRICT, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1-Skywalk Easement This Resolution was adopted unanimously. City of Duluth Page 5 City Council Minutes - Final August 14, 2023 21. 23-0623R RESOLUTION AUTHORIZING THE EXECUTION AND RECORDATION OF A DECLARATION OVER AN EASEMENT INTEREST OF A PERMANENT EASEMENT FOR CONNECTION OF A PEDESTRIAN PASSAGEWAY BRIDGE AS PART OF THE REGIONAL EXCHANGE DISTRICT. Indexes: Attachments: Exhibit 1-Essentia Declaration This Resolution was adopted unanimously. 22. 23-0624R RESOLUTION AUTHORIZING THE EXECUTION AND RECORDATION OF A DECLARATION OVER AN EASEMENT INTEREST OF A PERMANENT EASEMENT FOR CONNECTION OF A PEDESTRIAN PASSAGEWAY BRIDGE AS PART OF THE REGIONAL EXCHANGE DISTRICT. Indexes: Attachments: Exhibit 1-City Declaration This Resolution was adopted unanimously. BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 23. 23-0592R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE SCENIC BYWAYS SKYLINE PARKWAY RESTORATION OF HISTORIC RETAINING WALLS FROM CITY LIMITS TO STEWART CREEK, STORM SEWER IMPROVEMENTS, AND INTERPRETIVE SIGNAGE AT BARDON’S PEAK OVERLOOK IN THE AMOUNT OF $189,160.00, CITY PROJECT 1608, SP 118-060-013. Indexes: Attachments: 230494 20230720 Bardons Peak Work Plan Letter SkylinePkwyLocationExhibit This Resolution was adopted unanimously. 24. 23-0599R RESOLUTION AUTHORIZING A STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN MNDOT AND THE CITY OF DULUTH FOR FEDERAL PARTICIPATION IN FORCE ACCOUNT WORK FOR CROSS CITY TRAIL PHASE 3, SP 118-090-026, TA 6923(261), CITY PROJECT 1510. Indexes: City of Duluth Page 6 City Council Minutes - Final August 14, 2023 Attachments: Agreement BNSF estimate MAP This Resolution was adopted unanimously. 25. 23-0600R RESOLUTION AUTHORIZING AN AGREEMENT WITH SHORT ELLIOTT HENDRICKSON, INC. FOR ENGINEERING SERVICES FOR THE CAMPUS CONNECTOR SEGMENTS 4 AND 5 AND COLLEGE STREET RECONSTRUCTION PROJECT FOR AN AMOUNT NOT TO EXCEED $426,105. Indexes: Attachments: MAP Agreement This Resolution was adopted unanimously. 26. 23-0601R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR ENGINEERING SERVICES FOR THE CAMPUS CONNECTOR SEGMENT 6 PROJECT FOR AN AMOUNT NOT TO EXCEED $138,898. Indexes: Attachments: MAP Agreement This Resolution was adopted unanimously. 27. 23-0622R RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF SALT BRINE TRUCK FILL STATIONS AND TANKS FROM CARGILL INC. IN THE AMOUNT OF $255,810.22. This Resolution was adopted unanimously. 28. 23-0632R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR UTILITY PURPOSES FROM THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY OVER, UNDER, AND ACROSS REAL PROPERTY IN THE LINCOLN PARK NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1-Resolution This Resolution was adopted unanimously. 29. 23-0633R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT 24389 WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INCREASE THE PAYMENT FROM THE STATE TO THE CITY FOR City of Duluth Page 7 City Council Minutes - Final August 14, 2023 ROAD LIFE CONSUMED BY A DETOUR FOR HIGHWAY 23 TRAFFIC BY $2,069.65 FOR A NEW TOTAL OF $3,129.71. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 30. 23-0634R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR UTILITY PURPOSES FROM RUSSELL HOLM OVER, UNDER, AND ACROSS REAL PROPERTY IN THE KENWOOD NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1-Resolution This Resolution was adopted unanimously. BY COUNCILOR TOMANEK (PUBLIC SAFETY) 31. 23-0594R RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION IN THE AMOUNT OF $51,040 FOR THE PURPOSE OF MAINTAINING A LOCAL EMERGENCY MANAGEMENT PROGRAM. Indexes: Attachments: 23-0594 Exhibit A This Resolution was adopted unanimously. BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 32. 23-0611R RESOLUTION AUTHORIZING A CONTRACT WITH ZENITH TRAIL CONTRACTING LLC FOR THE SPIRIT MOUNTAIN LEGACY MOUNTAIN BIKE TRAILS PROJECT PHASE I FOR AN AMOUNT NOT TO EXCEED $331,484.30. This Resolution was adopted unanimously. 33. 23-0612R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30801 WITH AMI CONSULTING ENGINEERS FOR COASTAL ENGINEERING SERVICES RELATED TO THE STATE DISASTER SHORELINE REHABILITATION PROJECT, FOR AN INCREASE OF $26,280.00 AND A NEW TOTAL AMOUNT NOT TO EXCEED $188,355.00. Indexes: City of Duluth Page 8 City Council Minutes - Final August 14, 2023 Attachments: Exhibit A This Resolution was adopted unanimously. 34. 23-0614R RESOLUTION AUTHORIZING AN AGREEMENT WITH COMMUNITY ACTION DULUTH FOR INVASIVE SPECIES REMOVAL AND MANAGEMENT AT KINGSBURY CREEK AND HARTLEY PARK FOR AN AMOUNT NOT TO EXCEED $232,722.00. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 35. 23-0615R RESOLUTION AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH URBAN ECOSYSTEMS LANDSCAPE ARCHITECTS FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FOR THE MARTEN TRAIL PAUSE AREAS, IN THE AMOUNT OF $49,996 FOR A NEW TOTAL CONTRACT AMOUNT NOT TO EXCEED $65,446. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 36. 23-0616R RESOLUTION AUTHORIZING ACCEPTANCE OF A MINNESOTA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENT AND NATURAL RESOURCES TRUST FUND GRANT IN AN AMOUNT NOT TO EXCEED $1,375,000 TO EXPAND RECREATIONAL ACCESS ALONG THE ST. LOUIS RIVER ESTUARY. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 37. 23-0618R RESOLUTION AUTHORIZING A SECOND AMENDMENT TO A REAL ESTATE LICENSE AGREEMENT WITH UNITED STATES STEEL CORPORATION ALLOWING ACCESS TO CERTAIN CITY-OWNED PROPERTY NEAR AND ADJACENT TO THE FORMER U.S. STEEL SITE. Indexes: Attachments: Exhibit 1-Resolution This Resolution was adopted unanimously. 38. 23-0635R RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY City of Duluth Page 9 City Council Minutes - Final August 14, 2023 FROM BNSF RAILWAY COMPANY IN THE IRVING NEIGHBORHOOD FOR $67,000, PLUS AN ADMINISTRATIVE FEE IN THE AMOUNT OF $2,500, FOR A TOTAL AMOUNT NOT TO EXCEED $69,500. Indexes: Attachments: Exhibit 1-Resolution (Legal Description) Exhibit 2-Resolution #2 Exhibit 3-Resolution This Resolution was adopted unanimously. 39. 23-0636R RESOLUTION AUTHORIZING THE PURCHASE OF REAL PROPERTY FROM ALLETE, INC. IN THE IRVING NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1-Resolution Exhibit 2-PA This Resolution was adopted unanimously. Abstains: Councilor Forsman, stating employer conflict. 40. 23-0637R RESOLUTION AUTHORIZING A TRAIL CONSTRUCTION AND MAINTENANCE AGREEMENT WITH BNSF RAILWAY COMPANY FOR THE CONSTRUCTION AND MAINTENANCE OF A RAILROAD CROSSING TO BE USED IN CONNECTION WITH THE CROSS CITY TRAIL, FOR APPROXIMATELY $98,683. Indexes: Attachments: Exhibit 1-Resolution re C&M This Resolution was adopted unanimously. 41. 23-0638R RESOLUTION AUTHORIZING A TWENTY-FIVE YEAR LICENSE AGREEMENT WITH BNSF RAILWAY COMPANY FOR A BICYCLE AND PEDESTRIAN WALKWAY TO BE USED IN CONNECTION WITH THE CROSS CITY TRAIL, FOR $4,253. Indexes: Attachments: Exhibit 1-Resolution re License This Resolution was adopted unanimously. END OF CONSENT AGENDA The following entitled resolutions are also to be considered: City of Duluth Page 10 City Council Minutes - Final August 14, 2023 BY COUNCILOR TOMANEK (PUBLIC SAFETY) 42. 23-0593R RESOLUTION AMENDING RESOLUTION 22-0941, ADOPTING THE 2023 FEE SCHEDULE FOR LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES TO AMEND THE FEE SCHEDULE BY ADDING PENALTIES FOR VIOLATING CHAPTER 28, SECTION 28-64, OF THE DULUTH CITY CODE. Indexes: Attachments: 202300803 MTA 23-0593R Awal and Mayou.pdf This Resolution was tabled. The following entitled ordinances are to be read for the first time: BY PRESIDENT KENNEDY (COMMITTEE OF THE WHOLE) 43. 23-016-O AN ORDINANCE AMENDING THE DULUTH HOME RULE CHARTER, 1912, AS AMENDED, MAKING NON-SUBSTANTIVE CHANGES TO MODERNIZE CHARTER LANGUAGE AND UPDATE TERMINOLOGY. This Ordinance was read for the first time. BY COUNCILOR AWAL (PERSONNEL) 44. 23-023-O AN ORDINANCE AMENDING CHAPTER 28, ARTICLE VII, SECTION 28-64, OF THE DULUTH CITY CODE TO CLARIFY THAT SMOKING ANY PROHIBITED SUBSTANCE OR CHEWING TOBACCO IS PROHIBITED IN CERTAIN LOCATION. This Ordinance was read for the first time. BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 45. 23-024-O AN ORDINANCE DEDICATING A PERPETUAL EASEMENT TO THE GENERAL PUBLIC FOR CONNECTION OF A PEDESTRIAN PASSAGEWAY BRIDGE OVER CITY-OWNED PROPERTY. Indexes: City of Duluth Page 11 City Council Minutes - Final August 14, 2023 Attachments: Exhibit A-Ordinance Exhibit B-Ordinance This Ordinance was read for the first time. BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 46. 23-025-O AN ORDINANCE DEDICATING PERPETUAL EASEMENTS TO THE GENERAL PUBLIC FOR RECREATIONAL, WALKWAY, AND TRAIL PURPOSES OVER CITY-OWNED PROPERTY. Indexes: Attachments: Exhibit A-Ordinance Exhibit B-Ordinance Exhibit C-Ordinance Exhibit D-Ordinance This Ordinance was read for the first time. 47. 23-027-O AN ORDINANCE DEDICATING A PERPETUAL EASEMENT TO THE GENERAL PUBLIC FOR RECREATIONAL, WALKWAY, AND TRAIL PURPOSES OVER CITY-OWNED PROPERTY. Indexes: Attachments: Exhibit A-Ordinance #2 Exhibit B-Ordinance #2 This Ordinance was read for the first time. The following entitled ordinances are to be read for the second time: BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 48. 23-019-O AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XXXII, SECTION 2-171, OF THE DULUTH CITY CODE TO INCREASE THE MEMBERSHIP OF THE HOUSING TRUST FUND REVIEW COMMITTEE TO SEVEN MEMBERS AND REQUIRING THAT ONE MEMBER BE A ST. LOUIS COUNTY OFFICIAL. Indexes: Attachments: 20230724 MTA 23-019-O Hobbs.pdf This Ordinance was adopted. BY COUNCILOR FORSMAN (INTERGOVERNMENTAL RELATIONS) 49. 23-020-O AN ORDINANCE AMENDING CHAPTER 28, ARTICLE VII, SECTIONS City of Duluth Page 12 City Council Minutes - Final August 14, 2023 28-62, 28-63, 28-64, 28-69 and 28-72, OF THE DULUTH CITY CODE TO CLARIFY THAT SMOKING CANNABINOIDS IS PROHIBITED TO THE SAME EXTENT AS TOBACCO IN CERTAIN CITY LOCATIONS, UPDATE THE DEFINITION OF ELECTRONIC CIGARETTES, AND DELETE REDUNDANT LANGUAGE. Indexes: Attachments: Motion to Amend: Hobbs/Alstead: Passed 7-1(Awal) A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 8- Councilor Alstead, Councilor Anderson, Councilor Forsman, Councilor Hobbs, Councilor Mayou, Councilor Tomanek, Vice President Randorf and President Kennedy Nay: 1- Councilor Awal 50. 23-021-O AN ORDINANCE AMENDING CHAPTER 35, ARTICLE I, SECTIONS 35-8, OF THE DULUTH CITY CODE TO PROHIBIT SMOKING OR VAPING OF ANY CANNABINOID IN A PUBLIC PARK. A motion was made that this Ordinance be adopted The motion carried by the following vote: Yea: 8- Councilor Alstead, Councilor Anderson, Councilor Forsman, Councilor Hobbs, Councilor Mayou, Councilor Tomanek, Vice President Randorf and President Kennedy Nay: 1- Councilor Awal COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 13