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, December 11, 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 PUBLIC HEARING: (1) Truth in Taxation (2) Proposed Capital Improvement Plans (3) Proposed Issuance of General Obligation Capital Improvement Bonds These Public Hearings were held. APPROVAL OF MINUTES 1. 23-067 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2023-11-20, Minutes 2023-11-27, Minutes These Minutes were approved. REPORTS FROM THE ADMINISTRATION City of Duluth Page 1 City Council Minutes - Final December 11, 2023 REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 2. 23-068 Library Board Meeting Minutes - October 2023 Indexes: Attachments: Library Board Minutes This Board or Commission Report was received. 3. 23-069 Duluth Public Utilities Commission Minutes - September 2023 Indexes: Attachments: DPUC Minutes This Board or Commission Report was received. 4. 23-070 Housing and Redevelopment Authority of Duluth Meeting Minutes - August 2023 Indexes: Attachments: HRA Minutes 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 VICE PRESIDENT RANDORF (FINANCE) 5. 23-0913R RESOLUTION AUTHORIZING AN AGREEMENT WITH SPIRIT MOUNTAIN RECREATION AREA AUTHORITY FOR 2024 IN THE AMOUNT OF $440,000 FOR OPERATING ASSISTANCE AND $145,700 FOR ADVENTURE PARK LEASE PAYMENTS. Indexes: Attachments: Spirit Mtn Rec Area Agreement 2024 w Exhibit A L 30906 This Resolution was adopted unanimously. City of Duluth Page 2 City Council Minutes - Final December 11, 2023 6. 23-0916R RESOLUTION APPROVING CAPITAL IMPROVEMENT PLAN AND STATING INTENT TO ISSUE GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS UNDER MINNESOTA STATUTES, SECTION 475.521 This Resolution was adopted unanimously. 7. 23-0917R RESOLUTION OF THE CITY OF DULUTH, MINNESOTA, STATING THE INTENT TO ISSUE GENERAL OBLIGATION CAPITAL EQUIPMENT NOTES, SERIES 2024, IN THE APPROXIMATE AMOUNT OF $3,900,000 AND APPROVING THE CAPITAL EQUIPMENT LIST ASSOCIATED WITH THE NOTES. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 8. 23-0921R RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DEPOT FOUNDATION IN THE AMOUNT OF $240,000. Indexes: Attachments: Depot Foundation Agreement 2024 w Exhibit This Resolution was adopted unanimously. 9. 23-0922R RESOLUTION EXPRESSING THE INTENT OF THE CITY OF DULUTH TO ISSUE TAX-EXEMPT GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS This Resolution was adopted unanimously. 10. 23-0923R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT 23787 WITH DOWNTOWN DULUTH FOR AN INCREASE OF $6,000 TOURISM TAX FUNDING FOR A NEW AMOUNT OF $236,000 FOR THE YEAR 2024. Indexes: Attachments: AMENDMENT NO 2 C23787-02 This Resolution was adopted unanimously. 11. 23-0926R RESOLUTION AUTHORIZING AN AGREEMENT WITH GREAT LAKES AQUARIUM IN THE AMOUNT OF $350,000. Indexes: City of Duluth Page 3 City Council Minutes - Final December 11, 2023 Attachments: Great Lakes Aquarium Agreement 2024 w Exhibit This Resolution was adopted unanimously. 12. 23-0931R RESOLUTION AUTHORIZING A FUNDING AGREEMENT WITH GREATER DOWNTOWN COUNCIL, D.B.A. DOWNTOWN DULUTH, GRANTING UP TO $50,000 FOR THE PURPOSE OF SUPPORTING A COMPREHENSIVE PLANNING INITIATIVE CALLED IMAGINE DOWNTOWN 2029. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 13. 23-0932R RESOLUTION ESTABLISHING ANNUAL BONDING PLAN FOR 2024. Indexes: Attachments: 23-0932R- Exhibit A This Resolution was adopted unanimously. 14. 23-0933R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO FUNDING AGREEMENT WITH CHURCHES UNITED IN MINISTRY GRANTING AN ADDITIONAL $500,000, FOR A TOTAL AMOUNT NOT TO EXCEED $650,000, FOR THE PURPOSE OF PROVIDING INFRASTRUCTURE ASSISTANCE FOR OUTDOOR LIVING ZONES, WARMING CENTERS, AND EMERGENCY TRIAGE HOUSING. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 15. 23-0940R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2024 TO DECEMBER 31, 2024, OPERATION BUDGET OF THE DULUTH AIRPORT AUTHORITY. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 16. 23-0942R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2024 TO DECEMBER 31, 2024 BUDGETS OF THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY. Indexes: City of Duluth Page 4 City Council Minutes - Final December 11, 2023 Attachments: Exhibit A This Resolution was adopted unanimously. 17. 23-0943R RESOLUTION APPROVING THE FISCAL YEAR JANUARY 1, 2024 TO DECEMBER 31, 2024, OPERATION BUDGET OF THE DULUTH TRANSIT AUTHORITY. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 18. 23-0944R RESOLUTION CREATING AN INFORMATION TECHNOLOGY FUND WITHIN THE CITY’S SPECIAL PROJECTS SPECIAL REVENUE FUND AND COMMITTING CERTAIN RESOURCES FOR COSTS ASSOCIATED WITH MAINTAINING AND IMPROVING TELECOMMUNICATIONS AND TECHNOLOGY INFRASTRUCTURE WITHIN CITY ASSETS. This Resolution was adopted unanimously. 19. 23-0945R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30741 WITH DULUTH & NORTH SHORE RAILROAD DBA NORTH SHORE SCENIC RAILROAD/LAKE SUPERIOR RAILROAD MUSEUM FOR AN INCREASE OF $12,000 FOR A NEW TOTAL OF $62,000. Indexes: Attachments: Amd 1 to North Shore RR Agreement 2023 w exhibit L30741-01 This Resolution was adopted unanimously. 20. 23-0952R RESOLUTION AMENDING JOINT POWERS AGREEMENT C20604 WITH DULUTH ENTERTAINMENT AND CONVENTION CENTER AUTHORITY FOR THE OPERATION OF MINNESOTA SLIP PEDESTRIAN DRAW BRIDGE DURING YEAR 2024 FOR AN AMOUNT NOT TO EXCEED $50,380. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR ALSTEAD (PURCHASING & LICENSING) 21. 23-0975R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE TO CLUB ONE UNDER, LLC. Indexes: City of Duluth Page 5 City Council Minutes - Final December 11, 2023 Attachments: Attachment A This Resolution was adopted unanimously. BY COUNCILOR AWAL (PERSONNEL) 22. 23-0907R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF WATER PLANT OPERATOR "C", INCLUDING A TITLE CHANGE TO WATER PLANT OPERATOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Indexes: Attachments: Exhibit A.pdf This Resolution was adopted unanimously. 23. 23-0908R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF WATER PLANT OPERATOR "A", INCLUDING A TITLE CHANGE TO SENIOR WATER PLANT OPERATOR, AND SPECIFYING CONTRACT BENEFITS FOR SAME Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 24. 23-0909R RESOLUTION ELECTING MEMBERS TO THE BOARD OF MANAGERS OF THE DULUTH/NORTH SHORE SANITARY DISTRICT PURSUANT TO MINNESOTA STATUTES, SECTION 442A.14, SUBDIVISION 7. This Resolution was adopted unanimously. 25. 23-0918R RESOLUTION CONFIRMING THE APPOINTMENT OF JENNIFER HARRIS TO THE DULUTH HUMAN RIGHTS COMMISSION. This Resolution was adopted unanimously. 26. 23-0919R RESOLUTION CONFIRMING THE REAPPOINTMENT OF TIFANY SPRAGUE TO THE NATURAL RESOURCE COMMISSION. This Resolution was adopted unanimously. 27. 23-0920R RESOLUTION CONFIRMING THE APPOINTMENT OF ZACK FILIPOVICH City of Duluth Page 6 City Council Minutes - Final December 11, 2023 TO THE DULUTH ENTERTAINMENT AND CONVENTION CENTER AUTHORITY. This Resolution was adopted unanimously. BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 28. 23-0959R RESOLUTION OF INTENT TO SELL OR CONVEY CERTAIN REAL PROPERTY IN THE DOWNTOWN NEIGHBORHOOD. Indexes: Attachments: Exhibit A-Resolution of Intent to Sell Exhibit B-Resolution of Intent to Sell Exhibit C-Resolution of Intent to Sell Exhibit D-Resolution of Intent to Sell Exhibit E-Resolution of Intent to Sell This Resolution was adopted unanimously. 29. 23-0971R RESOLUTION APPROVING A TERM SHEET WITH BEAUTIFUL CITY DEVELOPMENT, LLC, FOR PROPOSED SALE OF TECHNOLOGY VILLAGE AND MEDICAL DISTRICT PARING RAMPS AND CONNECTED HOUSING DEVELOPMENTS ON THE EAST 1ST STREET CORRIDOR. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 30. 23-0972R RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 17 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 36: REDEVELOPMENT DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. Indexes: Attachments: EXHIBIT A TIF Plan.Duluth TIF 36 (12.4.2023) Exhibit B Term Sheet-Final-1st St. and Ramps This Resolution was adopted unanimously. BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 31. 23-0925R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO PROVIDE DESIGN City of Duluth Page 7 City Council Minutes - Final December 11, 2023 SERVICES FOR HILLSIDE CULVERT REPAIRS PROJECT IN THE AMOUNT OF $71,293. Indexes: Attachments: AGREEMENT This Resolution was adopted unanimously. 32. 23-0941R RESOLUTION AUTHORIZING AN AGREEMENT WITH INTERGRAPH CORPORATION, ASSET LIFECYCLE INTELLIGENCE DIVISION FOR PROFESSIONAL SERVICES PERTAINING TO THE MODIFICATION AND ENHANCEMENT OF THE CITY’S ENTERPRISE ASSET MANAGEMENT SYSTEM FOR AN AMOUNT NOT TO EXCEED $180,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR TOMANEK (PUBLIC SAFETY) 33. 23-0910R RESOLUTION AUTHORIZING A THREE-YEAR HOLD HARMLESS AGREEMENT WITH THE ST. CLOUD UNIVERSITY, MINNESOTA HIGHWAY SAFETY & RESEARCH CENTER (MHSRC), FOR THE USE OF MHSRC’S ADVANCED DRIVING SKILLS PROGRAM BY DULUTH POLICE OFFICERS. Indexes: Attachments: Document A - HOLD HARMLESS AGREEMENT 3 year term This Resolution was adopted unanimously. 34. 23-0929R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF AN ACCESS CONTROL SYSTEM FOR THE TECHNOLOGY VILLAGE RAMP FROM INTERSTATE DEVELOPMENT PARTNERS LLC IN THE AMOUNT OF $240,167.00. This Resolution was adopted unanimously. 35. 23-0930R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF AN ACCESS CONTROL SYSTEM FOR THE MEDICAL DISTRICT RAMP FROM INTERSTATE DEVELOPMENT PARTNERS LLC IN THE AMOUNT OF $223,550.00. This Resolution was adopted unanimously. City of Duluth Page 8 City Council Minutes - Final December 11, 2023 36. 23-0938R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CALIBRATE, LLC, D/B/A NORTHLAND PSYCHOLOGICAL SERVICES TO PROVIDE ANNUAL SINGLE-SESSION MENTAL HEALTH TRAINING TO DULUTH POLICE DEPARTMENT EMPLOYEES AT AN ANNUAL COST NOT TO EXCEED $27,600. Indexes: Attachments: Document A - 2024-2027 PSA with NPS This Resolution was adopted unanimously. 37. 23-0960R RESOLUTION AUTHORIZING APPLICATION TO HAZARD MITIGATION GRANT PROGRAM FOR A GRANT OF APPROXIMATELY $225,000 TO ACQUIRE PROPERTY LOCATED AT 13005 CASS STREET, DULUTH, MINNESOTA. This Resolution was adopted unanimously. BY COUNCILOR HOBBS (RECREATION, LIBRARIES & AUTHORITIES) 38. 23-0889R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30836 WITH COMMERCIAL IRRIGATION FOR THE ENGER PARK GOLF COURSE IRRIGATION IMPROVEMENTS FOR AN INCREASE OF $1,679,971 AND A NEW TOTAL AMOUNT NOT TO EXCEED $6,326,590. This Resolution was adopted unanimously. 39. 23-0953R RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO AGREEMENT C24636 WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES LAKE SUPERIOR COASTAL PROGRAM GRANT FOR THE ACQUISITION OF REAL PROPERTY FROM THE PARK HILL CEMETERY ASSOCIATION FOR RECREATION AND PRESERVATION. Indexes: Attachments: Exhibit C Map Exhibit A Amendment Exhibit B Amendment Project Description This Resolution was adopted unanimously. 40. 23-0954R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT City of Duluth Page 9 City Council Minutes - Final December 11, 2023 L30697 WITH RACHEL CONTRACTING, LLC FOR THE BRIGHTON BEACH LAKESHORE STABILIZATION PROJECT, TO INCREASE THE AMOUNT BY $67,491.00 FOR A NEW TOTAL OF $1,586,721.68. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 41. 23-0958R RESOLUTION AUTHORIZING THE EXECUTION AND RECORDATION OF A DECLARATION OF RESTRICTIVE COVENANT OVER LINCOLN PARK. Indexes: Attachments: Exhibit 1 Exhibit 2 This Resolution was adopted unanimously. END OF CONSENT AGENDA The following entitled ordinances are to be read for the first time: BY VICE PRESIDENT RANDORF (FINANCE) 42. 23-050-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL TAXING DISTRICT, DULUTH TRANSIT AUTHORITY, FOR THE YEAR 2024 Indexes: Attachments: Ordinance #23-050-O Exhibit A This Ordinance was read for the first time. 43. 23-052-O AN ORDINANCE DETERMING THE SUM TO BE RAISED BY TAXATION FOR THE SPECIAL PARKS FUND LEVY FOR THE YEAR 2024. This Ordinance was read for the first time. 44. 23-055-O AN ORDINANCE DETERMINING THE SUM TO BE RAISED BY TAXATION FOR GENERAL PURPOSES FOR THE YEAR 2024. This Ordinance was read for the first time. City of Duluth Page 10 City Council Minutes - Final December 11, 2023 45. 23-060-O AN ORDINANCE SETTING THE BUDGET FOR THE FISCAL YEAR 2024 APPROPRIATING MONIES FOR THE SUPPORT OF THE CITY GOVERNMENT, PUBLIC UTILITIES, AND PUBLIC ENTERPRISE FUNDS AND FOR OTHER PURPOSES. This Ordinance was read for the first time. BY COUNCILOR ALSTEAD (PURCHASING & LICENSING) 46. 23-061-O AN ORDINANCE REPEALING CHAPTER 45. ARTICLE V, USE OF STREETS AND SIDEWALKS FOR COMMUNITY EVENTS; PARADES AND RACES, OF THE DULUTH CITY CODE, AND ADOPTING A NEW ARTICLE V OF CHAPTER 45 ENTITLED SPECIAL EVENTS. This Ordinance was read for the first time. BY COUNCILOR FORSMAN (INTERGOVERNMENTAL RELATIONS) 47. 23-062-O ORDINANCE REPEALING CHAPTER 29E OF THE DULUTH CITY CODE REGULATING EARNED SICK AND SAFE TIME. This Ordinance was read for the first time. BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 48. 23-058-O AN ORDINANCE AMENDING SECTIONS 50-20, Use Specific Standards, TO ADD ACCESSORY DAY CARE FACILITY AND ACCESSORY RETAIL OR SHOWROOM; and 50-41, Definitions, TO AMEND ACCESSORY DAY CARE FACILITY, AND TO ADD ACCESSORY RETAIL OR SHOWROOM. Indexes: Attachments: Attachment 1 This Ordinance was read for the first time. 49. 23-059-O AN ORDINANCE AMENDING SECTION 50-37, REVIEW AND APPROVAL PROCEDURES, TO ADD AN EXTERIOR LIGHTING PROCEDURE. Indexes: Attachments: Attachment 1 This Ordinance was read for the first time. City of Duluth Page 11 City Council Minutes - Final December 11, 2023 The following entitled ordinances are to be read for the second time: BY COUNCILOR ANDERSON (PLANNING & ECONOMIC DEVELOPMENT) 50. 23-048-O AN ORDINANCE AMENDING SECTIONS 50-18.5, HIGHER EDUCATION OVERLAY; 50-19.8, PERMITTED USE TABLE; 50-20.1, RESIDENTIAL USES; 50-20.3, COMMERCIAL USES; 50-20.5, ACCESSORY USES; 50-24, PARKING AND LOADING; AND 50-41, DEFINITIONS; RELATED TO OFF-STREET PARKING REQUIREMENTS IN THE UNIFIED DEVELOPMENT CHAPTER. Indexes: Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 This Ordinance was adopted. 51. 23-049-O ORDINANCE AMENDING CHAPTER 29A TO INCORPORATE EXISTING PARKING REQUIREMENTS FROM THE UDC DIRECTLY INTO THE CITY’S HOUSING, PROPERTY MAINTENANCE, AND RENTAL CODE. This Ordinance was adopted. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 12