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, October 16, 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. 23-060 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2023-09-25, Minutes These Minutes were approved. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD City of Duluth Page 1 City Council Minutes - Final October 16, 2023 CONSENT AGENDA BY VICE PRESIDENT RANDORF (FINANCE) 2. 23-0793R RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2023A, IN THE APPROXIMATE PRINCIPAL AMOUNT OF $1,875,000; ESTABLISHING THE TERMS AND FORM THEREOF; CREATING A DEBT SERVICE FUND THEREFOR; AND PROVIDING FOR AWARDING THE SALE THEREOF. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 3. 23-0794R RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION CAPITAL EQUIPMENT NOTES, SERIES 2023B, IN THE APPROXIMATE PRINCIPAL AMOUNT OF $3,505,000; ESTABLISHING THE TERMS AND FORM THEREOF; CREATING A DEBT SERVICE FUND THEREFOR; AND PROVIDING FOR AWARDING THE SALE THEREOF. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 4. 23-0795R RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION LAKE FRONT RESTORATION BONDS, SERIES 2023C, IN THE APPROXIMATE AMOUNT OF $2,055,000; ESTABLISHING THE TERMS AND FORM THEREOF; CREATING A DEBT SERVICE FUND THEREFOR; AND PROVIDING FOR AWARDING THE SALE THEREOF. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. BY COUNCILOR ALSTEAD (PURCHASING & LICENSING) City of Duluth Page 2 City Council Minutes - Final October 16, 2023 5. 23-0796R RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE LIQUOR LICENSE TO VARIOUS LICENSEES. Indexes: Attachments: Attachment A Attachment B This Resolution was adopted unanimously. 6. 23-0797R RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISE PERMIT TO THE DULUTH CURLING CLUB Indexes: Attachments: Attachment A Attachment B This Resolution was adopted unanimously. 7. 23-0798R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE TO ALTITUDE OF DULUTH, LLC Indexes: Attachments: Attachment A This Resolution was adopted unanimously. BY COUNCILOR AWAL (PERSONNEL) 8. 23-0763R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF INSTRUMENT SPECIALIST. Indexes: Attachments: Exhibit A (replacement) This Resolution was adopted unanimously. 9. 23-0784R RESOLUTION CONFIRMING THE APPOINTMENT OF MEMBERS TO THE DULUTH HOUSING TRUST FUND REVIEW COMMITTEE. This Resolution was adopted unanimously. 10. 23-0805R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF PARKS & GROUNDS MAINTENANCE MANAGER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. City of Duluth Page 3 City Council Minutes - Final October 16, 2023 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 11. 23-0749R RESOLUTION VACATING A PORTION OF THE PLATTED RIGHT OF WAY OF HIGHLAND AVENUE LYING ADJACENT TO AND ABUTTING LOTS 1, 2, 3 AND 4, BLOCK 1 AND LOT 1, BLOCK 3, HIGHLANDS GARDENS 1ST DIVISION. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 12. 23-0782R RESOLUTION AUTHORIZING AN AGREEMENT FOR CONSTRUCTION OF A HOT WATER EXTENSION WITH ST. LUKE’S HOSPITAL OF DULUTH, AS PART OF THE DULUTH REGIONAL EXCHANGE DISTRICT, IN THE AMOUNT OF $289,800. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 13. 23-0789R RESOLUTION AUTHORIZING THE CITY OF DULUTH, MINNESOTA TO FORGIVE $105,000 IN HOUSING INVESTMENT FUNDS THAT WERE LOANED TO ONE ROOF COMMUNITY HOUSING WHICH WAS FORMERLY KNOWN AS THE NORTHERN COMMUNITY LAND TRUST PROGRAM. This Resolution was adopted unanimously. 14. 23-0790R RESOLUTION AUTHORIZING THE CITY OF DULUTH, MINNESOTA TO FORGIVE $50,000 IN HOUSING INVESTMENT FUNDS THAT WERE LOANED TO ONE ROOF COMMUNITY HOUSING WHICH WAS FORMERLY KNOWN AS THE NORTHERN COMMUNITY LAND TRUST PROGRAM. This Resolution was adopted unanimously. 15. 23-0807R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO A JOINT City of Duluth Page 4 City Council Minutes - Final October 16, 2023 POWERS CONTRACT FOR PROFESSIONAL AND TECHNICAL SERVICES WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION SUPPORTING THE COMMUNITY LIAISON PROGRAM INCREASING THE CONTRACT AMOUNT BY $185,603 FOR A TOTAL NOT TO EXCEED $405,283, EXTENDING THE TERM OF THE AGREEMENT AND AMENDING THE WORK PLAN AND BUDGET. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 16. 23-0762R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30703 WITH LHB, INC. FOR ENGINEERING SERVICES FOR A PORTION OF THE 2023 LEAD SERVICE REPLACEMENT PROJECT FOR AN INCREASE IN THE AMOUNT $127,237.00, AND A NEW TOTAL OF $265,745.00. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 17. 23-0781R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30676 WITH BOLTON & MENK FOR ENGINEERING SERVICES FOR THE CITY OF DULUTH 2022 CIPP SANITARY SEWER LINING PROJECT - CITY WIDE FOR AN INCREASE IN THE AMOUNT OF $19,800.00, AND A NEW TOTAL OF $112,065.00. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 18. 23-0785R RESOLUTION AUTHORIZING AN AGREEMENT WITH MSA PROFESSIONAL SERVICES, INC. FOR ENGINEERING SERVICES FOR THE 2024 STREET PRESERVATION PROJECT, FOR AN AMOUNT NOT TO EXCEED $369,741.70. Indexes: Attachments: Exhibit A This Resolution was adopted. BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) City of Duluth Page 5 City Council Minutes - Final October 16, 2023 19. 23-0786R RESOLUTION AUTHORIZING A CONTRACT WITH RACHEL CONTRACTING, LLC FOR THE SHORELINE REHABILITATION BETWEEN 3RD AVENUE EAST AND 4TH AVENUE EAST PROJECT FOR AN AMOUNT NOT TO EXCEED $653,860.64. This Resolution was adopted unanimously. 20. 23-0787R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR UP TO $2,052,524 FROM THE INFRASTRUCTURE INVESTMENT AND JOBS ACT MATCH PROGRAM FOR RESILIENT REHABILITATION OF THE LAKEWALK. This Resolution was adopted unanimously. 21. 23-0788R RESOLUTION AUTHORIZING THE SECOND AMENDMENT TO AGREEMENT C24400 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES LAKE SUPERIOR COASTAL PROGRAM FOR A GRANT TO REPLACE A BEACH DUNE-CROSSING BOARDWALK NEAR THE LAFAYETTE COMMUNITY CENTER. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 22. 23-0799R RESOLUTION AUTHORIZING APPLICATION TO THE CONSERVATION PARTNERS LEGACY METRO PROGRAM TO SUPPORT ACQUISITION OF 72.5 ACRES FROM THE FOREST HILL CEMETERY FOR RECREATION AND PRESERVATION. This Resolution was adopted unanimously. 23. 23-0801R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30697 WITH RACHEL CONTRACTING, LLC FOR THE BRIGHTON BEACH LAKESHORE STABILIZATION PROJECT, TO INCREASE THE AMOUNT BY $18,759.18 FOR A NEW TOTAL OF $1,519,230.68. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. END OF CONSENT AGENDA City of Duluth Page 6 City Council Minutes - Final October 16, 2023 The following entitled ordinances are to be read for the second time: BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 24. 23-033-O AN ORDINANCE GRANTING F.I. SALTER/THE BREAKERS A CONCURRENT USE PERMIT FOR SIX PARKING SPACES IN THE PLATTED STREET RIGHT OF WAY OF EAST WATER STREET. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted. 25. 23-034-O AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL PROPERTY IN THE DOWNTOWN NEIGHBORHOOD TO THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY FOR $27,500.00 AND OTHER GOOD AND VALUABLE CONSIDERATION. Indexes: Attachments: Exhibit 1-Ordinance Exhibit 2-Ordinance Exhibit 3-Ordinance This Ordinance was adopted. BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 26. 23-035-O AN ORDINANCE AMENDING SECTIONS 42A-44 AND 42A-50 OF THE DULUTH CITY CODE TO ALLOCATE UP TO $36 MILLION FROM THE ONE-HALF OF ONE PERCENT INCREMENT IN CITY OF DULUTH FOOD AND BEVERAGE TAX AND CITY OF DULUTH LODGING TAX FOR THE PURPOSE OF FUNDING CAPITAL IMPROVEMENTS TO PARKS-BASED PUBLIC ATHLETIC FACILITIES IN SUPPORT OF SPORTS TOURISM AND QUALITY OF LIFE IN NORTHEAST MINNESOTA. This Ordinance was adopted. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 7