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, January 22, 2024 7:00 PM Council Chamber ROLL CALL Present: 9- Councilor Azrin Awal, Councilor Wendy Durrwachter, Councilor Arik Forsman, Councilor Janet Kennedy, Councilor Mike Mayou, Councilor Lynn Nephew, Councilor Tara Swenson, Vice President Terese Tomanek and President Roz Randorf PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 24-004 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2024-01-08, Minutes These Minutes were approved. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 2. 24-003 Duluth Parking Commission Meeting Minutes City of Duluth Page 1 City Council Minutes - Final January 22, 2024 Indexes: Attachments: January 2024 DPC Minutes REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA BY COUNCILOR DURRWACHTER (PURCHASING & LICENSING) 3. 24-0021R RESOLUTION AUTHORIZING AN ANNUAL CONTRACT FOR ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS, SUPPLIES AND LABOR FOR 2024 FROM MID-STATE TRUCK SERVICE, INC. FOR AN AMOUNT NOT TO EXCEED $180,000. This Resolution was adopted unanimously. 4. 24-0028R RESOLUTION APPROVING ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE TO THE MERRYWEATHER INN. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. BY VICE PRESIDENT TOMANEK (PERSONNEL) 5. 24-0031R RESOLUTION CONFIRMING CITY COUNCILOR APPOINTMENTS TO CITY OF DULUTH BOARDS AND COMMISSIONS. This Resolution was adopted unanimously. 6. 24-0064R RESOLUTION CONFIRMING CITY COUNCILOR MAYORAL APPOINTMENTS TO CITY OF DULUTH BOARDS AND COMMISSIONS. This Resolution was adopted unanimously. BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) City of Duluth Page 2 City Council Minutes - Final January 22, 2024 7. 24-0041R RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT IN THE AMOUNT OF $6,000 FROM THE URBAN SUSTAINABILITY DIRECTORS NETWORK FOR THE SUSTAINABLE DULUTH WORKSHOP SERIES. This Resolution was adopted unanimously. 8. 24-0051R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE CENTER FOR OCCUPATIONAL RESEARCH AND DEVELOPMENT TO PROVIDE WORKFORCE ASSESSMENT AND PLANNING SERVICES FOR AN AMOUNT NOT TO EXCEED $65,000. Indexes: Attachments: Document A This Resolution was adopted unanimously. 9. 24-0052R RESOLUTION AUTHORIZING THE AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH ST PAPER 1, LLC TO SUPPORT THE SALE OF THE PAPER MILL LOCATED AT 110 NORTH CENTRAL AVENUE TO SOFIDEL AMERICA, CORP. Indexes: Attachments: Exhibit A 2022 10 5 Fully Executed-Dev Agreement between City and ST Paper 1 LLC.pdf Exhibit B First Amendment City ST Paper Dev Agreement.pdf Exhibit C Estoppel Certificate.pdf This Resolution was adopted unanimously. 10. 24-0053R RESOLUTION AUTHORIZING THE AMENDMENT OF THE FORGIVABLE MINNESOTA INVESTMENT FUND LOAN AGREEMENT AND ASSOCIATED PROMISSORY NOTE HELD BY ST PAPER 1, LLC TO SUPPORT THE SALE OF THE PAPER MILL LOCATED AT 110 NORTH CENTRAL AVENUE TO SOFIDEL AMERICA, CORP. Indexes: Attachments: Exhibit A Amendment City ST Paper MIF Loan Agreement.pdf This Resolution was adopted unanimously. 11. 24-0054R RESOLUTION AUTHORIZING THE AMENDMENT TO THE CITY LOAN AGREEMENT WITH ST PAPER 1, LLC TO SUPPORT THE SALE OF THE PAPER MILL LOCATED AT 110 NORTH CENTRAL AVENUE TO SOFIDEL AMERICA, CORP. Indexes: City of Duluth Page 3 City Council Minutes - Final January 22, 2024 Attachments: Exhibit A Amendment City ST Paper Conditional Loan Agreement.pdf This Resolution was adopted unanimously. 12. 24-0055R RESOLUTION AUTHORIZING THE AMENDMENT TO TAX ABATEMENT AGREEMENT WITH ST PAPER 1, LLC TO SUPPORT THE SALE OF THE PAPER MILL LOCATED AT 110 NORTH CENTRAL AVENUE TO SOFIDEL AMERICA, CORP. This Resolution was adopted unanimously. 13. 24-0056R RESOLUTION AUTHORIZING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY, COMFORT SYSTEMS AND SOFIDEL AMERICA, CORP. TO EXTEND THE TERM OF A WATER SERVICE AGREEMENT. This Resolution was adopted unanimously. 14. 24-0062R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE A PARKING LICENSE AGREEMENT WITH THE REGENTS OF THE UNIVERSITY OF MINNESOTA TO ALLOW THE CITY OF DULUTH TO USE A PARKING LOT LOCATED ON WEST ELIZABETH STREET FOR THE CITY’S SNOW EMERGENCY COMMUNITY PARKING LOT PILOT PROGRAM AT NO COST TO THE CITY OF DULUTH. Indexes: Attachments: Document A This Resolution was adopted unanimously. BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 15. 24-0024R RESOLUTION OF SUPPORT FOR ST. LOUIS COUNTY’S RAISE GRANT APPLICATION FOR THE RICE LAKE RD (CSAH 4) CORRIDOR PROJECT. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 16. 24-0025R RESOLUTION AUTHORIZING A COOPERATIVE AGREEMENT WITH ST. LOUIS COUNTY FOR THE 2024 TOWNSHIPS AND CITIES MAINTENANCE STRIPING PROGRAM FOR ROAD LINE STRIPING AT VARIOUS LOCATIONS IN THE CITY OF DULUTH AT AN ESTIMATED City of Duluth Page 4 City Council Minutes - Final January 22, 2024 COST OF $73,313. This Resolution was adopted unanimously. 17. 24-0032R RESOLUTION REVISING THE LIST OF HIGH PRIORITY BRIDGES IN THE CITY OF DULUTH. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 18. 24-0033R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR UP TO $1,000,000 FOR AN ACTIVE TRANSPORTATION GRANT TO PROVIDE PEDESTRIAN LIGHTING AND SHARED USE PATH IMPROVEMENTS FROM THE DEPOT PARKING LOT TO THE WEST END OF THE I-35 PEDESTRIAN BRIDGE. Indexes: Attachments: Attachment A This Resolution was adopted unanimously. 19. 24-0048R RESOLUTION AWARDING A CONTRACT TO KTM PAVING, INC. FOR THE CROSS CITY TRAIL PHASE 3 PROJECT, IN THE AMOUNT OF $680,700.00, SP 118-090-026, TA 6923(261), CITY PROJECT NO. 1510. Indexes: Attachments: MAP This Resolution was adopted unanimously. BY COUNCILOR SWENSON (PUBLIC SAFETY) 20. 24-0042R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE STATE OF MINNESOTA, COMMISSIONER OF PUBLIC SAFETY, OFFICE OF JUSTICE PROGRAMS, IN THE TOTAL AMOUNT OF $810,000 FOR THE PURPOSE OF SUPPORTING THE OPERATIONS OF THE LAKE SUPERIOR VIOLENT OFFENDER TASK FORCE THROUGH DECEMBER 31, 2025. Indexes: Attachments: Document A - Grant Agreement This Resolution was adopted unanimously. BY COUNCILOR AWAL (RECREATION, LIBRARIES & AUTHORITIES) City of Duluth Page 5 City Council Minutes - Final January 22, 2024 21. 24-0039R RESOLUTION ACCEPTING UNCONDITIONAL GIFTS FROM THE DULUTH LIBRARY FOUNDATION FOR THE BENEFIT OF THE LIBRARY FOR 2023 AND 2024. This Resolution was adopted unanimously. 22. 24-0040R RESOLUTION ACCEPTING UNCONDITIONAL GIFTS FROM FRIENDS OF THE DULUTH PUBLIC LIBRARY FOR THE BENEFIT OF THE LIBRARY FOR 2023 AND 2024. This Resolution was adopted unanimously. 23. 24-0043R RESOLUTION AUTHORIZING THE SINGLE SOURCE PURCHASE OF RETAINING WALL REPAIRS AT CITY HALL FROM BEDROCK-FLINT, INC. FOR A TOTAL AMOUNT NOT TO EXCEED $65,804.00. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 24. 24-0045R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30697 WITH RACHEL CONTRACTING, LLC FOR THE BRIGHTON BEACH LAKESHORE STABILIZATION PROJECT, TO INCREASE THE AMOUNT BY $235,408.00 FOR A NEW TOTAL OF $1,754,638.68. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 25. 24-0046R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30688 WITH FLAGSHIP RECREATION FOR PLAYGROUND EQUIPMENT INSTALLATION AT LINCOLN PARK, TO INCREASE THE AMOUNT BY $4,199.02 FOR A NEW TOTAL OF $151,700.96. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 26. 24-0047R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF POLARIS LIBRARY SYSTEMS LICENSE RENEWALS AND MAINTENANCE FOR 2024 FROM INNOVATIVE INTERFACES, INC. FOR THE AMOUNT OF $50,744.12. City of Duluth Page 6 City Council Minutes - Final January 22, 2024 This Resolution was adopted unanimously. 27. 24-0049R RESOLUTION TO ACCEPT A $102,000 DONATION FROM THE DULUTH CROSS-COUNTRY SKI CLUB TO SUPPORT IMPROVEMENTS TO THE SPIRIT MOUNTAIN NORDIC CENTER. This Resolution was adopted unanimously. 28. 24-0050R RESOLUTION AUTHORIZING ACCEPTANCE OF A MINNESOTA RECREATION AND PARKS FOUNDATION NEW INITIATIVE GRANT OF $4,000 FOR PROGRAMMING EQUIPMENT. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) 29. 24-0034R RESOLUTION APPROVING THE 2024 ANNUAL ACTION PLAN AND AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME PROGRAM (HOME), AND EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) PROGRAM FUNDS. Indexes: Attachments: Draft 2024 Action Plan This Resolution was adopted unanimously. 30. 24-0036R RESOLUTION AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 2024 PROGRAM YEAR, AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. This Resolution was adopted unanimously. 31. 24-0037R RESOLUTION AUTHORIZING A REQUEST FOR HUD HOME City of Duluth Page 7 City Council Minutes - Final January 22, 2024 INVESTMENT PARTNERSHIP FUNDS FOR THE 2024 PROGRAM YEAR, AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. This Resolution was adopted unanimously. 32. 24-0038R RESOLUTION AUTHORIZING A REQUEST FOR HUD EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG) FUNDING FOR THE 2024 PROGRAM YEAR, AUTHORIZING CONTRACTS, AUTHORIZING AGREEMENTS WITH APPROPRIATE AGENCIES. This Resolution was adopted unanimously. BY PRESIDENT RANDORF (COMMITTEE OF THE WHOLE) 33. 24-0063R RESOLUTION ESTABLISHING THE CITY OF DULUTH 2024 TOP LEGISLATIVE BONDING PRIORITIES Indexes: Attachments: Motion to Amend (Passed 9-0) This Resolution was adopted unanimously. 34. 24-0065R RESOLUTION APPROVING AGREEMENT WITH TAFT STETTINIUS & HOLLISTER LLP FOR LEGISLATIVE SERVICES NOT TO EXCEED $140,004. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR AWAL (RECREATION, LIBRARIES & AUTHORITIES) 35. 24-0060R RESOLUTION AUTHORIZING A ONE-YEAR AGREEMENT WITH WINTERFELL MANAGEMENT LLC FOR THE PRODUCTION, PROMOTION AND MANAGEMENT OF EVENTS AT BAYFRONT FESTIVAL PARK AT A COST OF $63,425. Indexes: Attachments: Document A This Resolution was adopted unanimously. 36. 24-0061R RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND THE DULUTH ENTERTAINMENT AND CONVENTION CENTER AUTHORITY TO City of Duluth Page 8 City Council Minutes - Final January 22, 2024 PRODUCE, PROMOTE, COORDINATE AND MANAGE EVENTS AT BAYFRONT FESTIVAL PARK TO EXTEND THE TERM OF THE AGREEMENT AND TO PROVIDE FOR TRANSITIONAL SUPPORT TO A NEW MANAGEMENT FIRM AT A COST NOT TO EXCEED $19,475. Indexes: Attachments: Document A This Resolution was adopted unanimously. The following entitled ordinances are to be read for the second time: BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) 37. 24-000-O AN ORDINANCE GRANTING ST LUKE’S HOSPITAL A CONCURRENT USE PERMIT FOR A SECOND LEVEL ON THE EXISTING SKYWALK OVER 10TH AVENUE EAST. Indexes: Attachments: Attachment 1 Attachment 2 This Ordinance was adopted. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS Attest: Ian B. Johnson, City Clerk Passed: January 22, 2024 Approved: January 24, 2024 Roger Reiner, Mayor City of Duluth Page 9