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, November 13, 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 PUBLIC HEARING - Proposed Charter Changes PUBLIC HEARING - London Road Project - Municipal Consent APPROVAL OF MINUTES 1. 23-065 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2023-10-30, Minutes This Minutes was approved. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS City of Duluth Page 1 City Council Minutes - Final November 13, 2023 REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA BY COUNCILOR ALSTEAD (PURCHASING & LICENSING) 2. 23-0847R RESOLUTION APPROVING THE ISSUANCE OF AN OFF SALE INTOXICATING LIQUOR LICENSE TO BURNETT DAIRY COOPERATIVE Indexes: Attachments: Attachment A This resolution was adopted unanimously. Absent: Alstead 3. 23-0849R RESOLUTION AUTHORIZING THE PURCHASE OF A LONG-LINE PAINT TRUCK FROM VOGEL TRAFFIC SERVICES, INC. DBA EZ LINER IN THE AMOUNT OF $388,287.00. This resolution was adopted unanimously. Absent: Alstead BY COUNCILOR AWAL (PERSONNEL) 4. 23-0838R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF PARKING SERVICES LEADWORKER, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A This resolution was adopted unanimously. Absent: Alstead 5. 23-0842R RESOLUTION CONFIRMING THE APPOINTMENT OF MEMBERS TO CITY OF DULUTH BOARDS AND COMMISSIONS. City of Duluth Page 2 City Council Minutes - Final November 13, 2023 This resolution was adopted unanimously. Absent: Alstead BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 6. 23-0841R RESOLUTION AUTHORIZING CITY OFFICIALS TO RENEW AN AGREEMENT WITH THE DULUTH HOUSING AND REDEVELOPMENT AUTHORITY WHEREBY CITY OFFICIALS ACCEPT $17,500 TO PROVIDE ADDITIONAL SUPPORT TO THE TENANT LANDLORD CONNECTION PROGRAM OPERATED BY ONE ROOF COMMUNITY HOUSING AND TO ENTER INTO AN AGREEMENT WITH ONE ROOF COMMUNITY HOUSING TO OPERATE THE TENANT LANDLORD CONNECTION IN THE AMOUNT OF $57,500. Indexes: Attachments: Exhibit A Exhibit B This resolution was adopted unanimously. Absent: Alstead Abstain: Hobbs 7. 23-0854R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH AND ACCEPT $843,742.77 IN FUNDS FROM ST. LOUIS COUNTY TO PROVIDE MINNESOTA FAMILY INVESTMENT PROGRAM AND DIVERSIONARY WORK PROGRAM EMPLOYMENT AND TRAINING SERVICES. Indexes: Attachments: City of Duluth 2024 MFIP DWP Contract 17647 This resolution was adopted unanimously. Absent: Alstead 8. 23-0855R RESOLUTION APPROVING THE REALLOCATION OF 2020 CARES ACT FUNDING IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG-CV3) IN THE AMOUNT OF $263.72 AND RENEWING THE ALLOCATION OF 2020 CARES FUNDING IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG-CV1) IN THE AMOUNT OF $22,211.12 FOR THE COMMUNITY ACTION DULUTH COMMUNITY HEALTH WORKER. This resolution was adopted unanimously. City of Duluth Page 3 City Council Minutes - Final November 13, 2023 Absent: Alstead 9. 23-0881R RESOLUTION AUTHORIZING A SEVENTH AMENDMENT TO AGREEMENT WITH LAKEWALK PROPERTIES LLC MODIFYING THE INTEREST RATE PAYABLE, ESTABLISHING UPDATED PROJECT MILESTONE DATE REQUIREMENTS, AND ADJUSTING TIF NOTE DATES. Indexes: Attachments: 23D-43- Lakeview 7th Amend 23D-43-Development Agreement-Seventh Amendment 2023.10.25 The resolution was adopted unanimously. Absent: Alstead BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 10. 23-0754R RESOLUTION AUTHORIZING AN AGREEMENT WITH MINNESOTA POWER FOR JOINT CONSTRUCTION OF UTILITIES IN 6TH AVENUE EAST. Indexes: Attachments: MP Agreement Draft 10 26 23 This resolution was adopted unanimously. Absent: Alstead Abstain: Forsman 11. 23-0834R RESOLUTION AUTHORIZING AN AMENDMENT TO EXTEND CONTRACT C22091 WITH VENTURE FUELS FOR THE PURCHASE AND DELIVERY OF COAL TO DULUTH ENERGY SYSTEMS FOR AN ESTIMATED INCREASE OF $1,782.10. This resolution was adopted unanimously. Absent: Alstead 12. 23-0835R RESOLUTION AMENDING A CONTRACT WITH LHB, INC. TO PROVIDE CONSTRUCTION ADMINISTRATION SERVICES FOR THE REPLACEMENT OF BRIDGE NO. L8514 ST. ANDREWS STREET OVER TISCHER CREEK, TO INCREASE THE AMOUNT BY $74,875.00 FOR A NEW TOTAL OF $121,465.00. Indexes: City of Duluth Page 4 City Council Minutes - Final November 13, 2023 Attachments: Fee Estimate Worksheet Resolution Map This resolution was adopted unanimously. Absent: Alstead 13. 23-0836R RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT FROM THE UNITED STATES DEPARTMENT OF ENERGY’S COMMUNITY GEOTHERMAL HEATING AND COOLING DESIGN AND DEPLOYMENT PROGRAM FOR THE LNPK 156 GEOTHERMAL COALITION IN THE AMOUNT OF $700,414. This resolution was adopted unanimously. Absent: Alstead 14. 23-0837R RESOLUTION AUTHORIZING AN AGREEMENT WITH EVER-GREEN ENERGY TO FUND THE ANALYSIS AND DESIGN OF A GEOTHERMAL HEATING SYSTEM IN ASSOCIATION WITH THE DEPARTMENT OF ENERGY COMMUNITY GEOTHERMAL HEATING AND COOLING DESIGN AND DEPLOYMENT PROGRAM GRANT FOR AN AMOUNT NOT TO EXCEED $435,084. Indexes: Attachments: Exhibit A - Subrecipient Agreement This resolution was adopted unanimously. Absent: Alstead 15. 23-0843R RESOLUTION AUTHORIZING AN ANNUAL TRANSFER OF $100,000 FROM THE HOME ENERGY LOAN FUND (555) TO THE ENERGY MANAGEMENT FUND (257) FOR 2024 & 2025. This resolution was adopted unanimously. Absent: Alstead 16. 23-0852R RESOLUTION AMENDING A CONTRACT WITH LHB, INC. TO PROVIDE PROFESSIONAL ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE RALEIGH STREET RECONSTRUCTION PROJECT, TO INCREASE THE AMOUNT BY $9,105.00 FOR A NEW TOTAL OF $219,402.00. Indexes: City of Duluth Page 5 City Council Minutes - Final November 13, 2023 Attachments: MAP PROPOSAL This resolution was adopted unanimously. Absent: Alstead BY COUNCILOR TOMANEK (PUBLIC SAFETY) 17. 23-0848R RESOLUTION AUTHORIZING THE PURCHASE OF A FIRE ENGINE FROM CUSTOM FIRE APPARATUS, INC. IN THE AMOUNT OF $988,634.68 This resolution was adopted unanimously. Absent: Alstead 18. 23-0850R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT A GRANT OF UP TO $15,000 FROM THE STANTON FOUNDATION FALLEN K9 GRANT PROGRAM TO REIMBURSE THE DULUTH POLICE DEPARTMENT FOR THE PURCHASE OF A K9 TO REPLACE THE FALLEN K9 LUNA. Indexes: Attachments: Document A - Award Confirmation Letter This resolution was adopted unanimously. Absent: Alstead BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 19. 23-0844R RESOLUTION AUTHORIZING A THREE-YEAR LEASE AGREEMENT WITH THE DULUTH COMMUNITY GARDEN PROGRAM FOR USE OF MULTIPLE, VACANT REAL PROPERTIES TO OPERATE ITS COMMUNITY GARDEN PROGRAM. Indexes: Attachments: Exhibit 1 This resolution was adopted unanimously. Absent: Alstead 20. 23-0845R RESOLUTION AUTHORIZING ACCEPTANCE OF A SNOWMOBILE GRANT-IN-AID PROGRAM GRANT FOR FY2024 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT NOT TO EXCEED $18,255.53. City of Duluth Page 6 City Council Minutes - Final November 13, 2023 Indexes: Attachments: Exhibit A This resolution was adopted unanimously. Absent: Alstead 21. 23-0846R RESOLUTION AUTHORIZING ACCEPTANCE OF A CROSS-COUNTRY SKI GRANT-IN-AID PROGRAM GRANT FOR FY2024 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES IN AN AMOUNT NOT TO EXCEED $12,650. Indexes: Attachments: Exhibit A This resolution was adopted unanimously. Absent: Alstead 22. 23-0851R RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH NORTHWOODS LEAGUE, INC. AND RPK BASEBALL, LLC FOR THE USE OF WADE STADIUM. Indexes: Attachments: Exhibit 1 This resolution was adopted unanimously. Absent: Alstead 23. 23-0853R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30489 WITH SAS+ASSOCIATES, INC. TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FOR THE CITY HALL GROUNDS IMPROVEMENT PROJECT, FOR AN INCREASE OF $12,338.75 AND A NEW TOTAL AMOUNT NOT TO EXCEED $54,258.75. Indexes: Attachments: Exhibit A This resolution was adopted unanimously. Absent: Alstead 24. 23-0856R RESOLUTION AUTHORIZING A SUBRECIPIENT AGREEMENT WITH THE ST. LOUIS RIVER ALLIANCE IN AN AMOUNT NOT TO EXCEED $285,227 TO SUPPORT IMPLEMENTATION OF THE NATIONAL WATER TRAIL IN ASSOCIATION WITH A GRANT FROM THE ENVIRONMENT AND NATURAL RESOURCES TRUST FUND. City of Duluth Page 7 City Council Minutes - Final November 13, 2023 Indexes: Attachments: Unsigned Final SLRA Subrecipient Agreement This resolution was adopted unanimously. Absent: Alstead 25. 23-0857R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA RECREATION AND PARKS FOUNDATION FOR UP TO $4,000 FROM THE NEW INITIATIVE GRANT PROGRAM FOR PROGRAM EQUIPMENT. This resolution was adopted unanimously. Absent: Alstead 26. 23-0858R RESOLUTION AUTHORIZING A FUNDING AGREEMENT WITH THE GND DEVELOPMENT ALLIANCE FOR CONSTRUCTION OF THE SKATE PARK AT THE GARY NEW DULUTH RECREATION AREA. Indexes: Attachments: Exhibit A This resolution was adopted unanimously. Absent: Alstead END OF CONSENT AGENDA BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 27. 23-0833R RESOLUTION APPROVING A STATE PROJECT WITHIN THE MUNICIPAL CORPORATE LIMITS TO REHABILITATE TRUNK HIGHWAY 61 (LONDON ROAD). Indexes: Attachments: Proj 1995 Location Map 8.5x11 SP 6925-145 Final Preliminary Design Layout_01 SP 6925-145 Final Preliminary Design Layout_02 This resolution was adopted unanimously. Absent: Alstead The following entitled ordinances are to be read for the first time: City of Duluth Page 8 City Council Minutes - Final November 13, 2023 BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 28. 23-043-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY AN AREA SOUTH OF REDRUTH STREET AND NORTH OF SHERBURNE STREET, BETWEEN S 63RD AVENUE W AND S 64TH AVENUE W, FROM MIXED USE-BUSINESS (MU-B) TO MIXED USE-NEIGHBORHOOD (MU-N). Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. 29. 23-044-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY THREE PARCELS ADJACENT TO 4831 GRAND AVENUE FROM RESIDENTIAL-TRADITIONAL (R-1) TO MIXED USE-NEIGHBORHOOD (MU-N) TO ELIMINATE SPLIT ZONING FOR AN EXISTING USE AND TO CONFORM TO THE COMPREHENSIVE PLAN. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was read for the first time. BY PRESIDENT KENNEDY (COMMITTEE OF THE WHOLE) 30. 23-040-O ORDINANCE AMENDING CHAPTER 4, ARTICLE II OF THE DULUTH CITY CODE TO MODERNIZE LANGUAGE, UPDATE SMOKING RESTRICTIONS, AND TO INCLUDE THE DULUTH AIRPORT AUTHORITY IN THE INDEMNITY SECTION. This Ordinance was read for the first time. 31. 23-041-O ORDINANCE AMENDING CHAPTER 4, ARTICLE IV, OF THE DULUTH CITY CODE TO MODERNIZE LANGUAGE AND UPDATE PARKING REGULATIONS. This Ordinance was read for the first time. 32. 23-045-O AN ORDINANCE REPEALING SECTION 39 OF THE DULUTH CITY CHARTER PERTAINING TO MUNICIPAL ELECTIONS - FINANCIAL DISCLOSURES BY POLITICAL COMMITTEES. City of Duluth Page 9 City Council Minutes - Final November 13, 2023 This Ordinance was read for the first time. BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 33. 23-042-O ORDINANCE AUTHORIZING THE DULUTH AIRPORT AUTHORITY TO ACCEPT FEDERAL AND STATE OF MINNESOTA GRANTS FOR IMPROVEMENTS TO THE DULUTH INTERNATIONAL AIRPORT AND SKY HARBOR AIRPORT AND TO EXECUTE GRANT DOCUMENTS ON BEHALF OF THE CITY FOR YEAR 2024. This Ordinance was read for the first time. The following entitled ordinances are to be read for the second time: BY PRESIDENT KENNEDY (COMMITTEE OF THE WHOLE) 34. 23-037-O ORDINANCE AMENDING CHAPTER 1, SEC. 1-2, OF THE DULUTH CITY CODE BY UPDATING DEFINITIONS FOR CLARITY. This ordinance was adopted unanimously. Absent: Alstead 35. 23-038-O ORDINANCE AMENDING CHAPTER 6 TO MAKE LANGUAGE GENDER NEUTRAL, UPDATE TERMINOLOGY, AND UPDATE THE DUTIES OF THE ANIMAL CONTROL AUTHORITY BASED ON RECOMMENDATIONS OF THE ORDINANCE REVIEW AND MODERNIZATION TASK FORCE. This ordinance was adopted unanimously. Absent: Alstead 36. 23-039-O ORDINANCE REPEALING CHAPTER 15 OF THE DULUTH CITY CODE REGULATING DANCES AND DANCE HALLS. This ordinance was adopted unanimously. Absent: Alstead BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 37. 23-036-O AN ORDINANCE DEDICATING A PERPETUAL EASEMENT FOR City of Duluth Page 10 City Council Minutes - Final November 13, 2023 UTILITY PURPOSES OVER CITY-OWNED PROPERTY. Indexes: Attachments: Exhibit A-Ordinance This ordinance was adopted unanimously. Absent: Alstead COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 11