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, February 12, 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 PUBLIC HEARING 1. 24-009 NOTICE OF PUBLIC HEARING ON THE INTENTION BY THE CITY OF DULUTH, MINNESOTA, TO ISSUE GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS Indexes: Attachments: Notice of Public Hearing-Steam This public hearing was held. APPROVAL OF MINUTES 2. 24-005 Meeting Minutes of the Duluth City Council Indexes: City of Duluth Page 1 City Council Minutes - Final February 12, 2024 Attachments: 2024-01-22, Minutes These Minutes were approved. REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 3. 24-006 Duluth Public Utilities Commission Meeting Minutes Indexes: Attachments: Nov. 2023 This Board or Commission Report was received. 4. 24-007 Housing and Redevelopment Authority of Duluth Meeting Minutes Indexes: Attachments: Minutes - September 2023 Minutes - October 2023 This Board or Commission Report was received. 5. 24-008 LIbrary Board Meeting Minutes Indexes: Attachments: Minutes - Nov. 2023 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 DURRWACHTER (PURCHASING & LICENSING) 6. 24-0115R RESOLUTION APPROVING THE FORM OF THE RENTAL AGREEMENT USED BY THE ST. LOUIS COUNTY HERITAGE AND ARTS CENTER FOR EVENTS WHERE LIQUOR IS TO BE SOLD. City of Duluth Page 2 City Council Minutes - Final February 12, 2024 Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. BY COUNCILOR FORSMAN (FINANCE) 7. 24-0104R RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS, SERIES 2024A, IN AN AMOUNT NOT TO EXCEED $4,100,000; 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 Exhibit C This Resolution was adopted unanimously. BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) 8. 24-0092R RESOLUTION VACATING A 66 FOOT WIDE AND 140 FOOT LONG PLATTED RIGHT OF WAY KNOWN AS 49TH AVENUE EAST ON THE CROSLEY PARK ADDITION TO DULUTH. Indexes: Attachments: A - Signed exhibit_49th Ave E B - PL23-187 Staff Report and Attachments This Resolution was adopted unanimously. 9. 24-0098R RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A FOURTH AMENDMENT TO GENERAL FUND APPROPRIATION BOND MASTER GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) FOR THE DULUTH REGIONAL EXCHANGE DISTRICT PROJECT. Indexes: Attachments: Document A This Resolution was adopted unanimously. 10. 24-0099R RESOLUTION APPROVING THE DULUTH PRODUCTION INCENTIVE PROGRAM TO INCENTIVIZE VISUAL MEDIA PRODUCTION IN DULUTH, City of Duluth Page 3 City Council Minutes - Final February 12, 2024 REAFFIRMING PROGRAM GUIDELINES FOR THE PROGRAM AND AUTHORIZING AGREEMENT WITH UPPER MIDWEST FILM OFFICE FOR PROGRAM ADMINISTRATIVE SERVICES. Indexes: Attachments: Exhibit A_Duluth Production Incentive Program Guidelines_2024 Exhibit B_Duluth Administration_2024 24D-08-UMFO PSA 2024-Final This Resolution was adopted unanimously. BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 11. 24-0074R RESOLUTION AUTHORIZING THE PURCHASE OF A 2023 FORD VAN WITH ENVIROSIGHT ROVER X FROM MACQUEEN EQUIPMENT, INC. IN THE AMOUNT OF $315,947.09. This Resolution was adopted unanimously. 12. 24-0086R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF WINTER MAINTENANCE VEHICLE RAVEN-CAMERAS AND ASSOCIATED MONTHLY SOFTWARE SERVICES FOR FOUR YEARS FROM TELUS COMMUNICATIONS (U.S.) INC. FOR A TOTAL AMOUNT NOT TO EXCEED $178,452.50. This Resolution was adopted unanimously. 13. 24-0087R RESOLUTION AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH KLM ENGINEERING, INC. FOR REMOTE OPERATED VEHICLE EVALUATIONS OF 14 RESERVOIRS THROUGHOUT THE CITY FOR AN AMOUNT NOT TO EXCEED $50,500.00. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 14. 24-0090R RESOLUTION AUTHORIZING AGREEMENT WITH WORK IN PROGRESS LLC, AS AGENT FOR DOMINO’S PIZZA LLC, TO FUND SNOW REMOVAL IN THE AMOUNT OF $25,000. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. City of Duluth Page 4 City Council Minutes - Final February 12, 2024 15. 24-0097R RESOLUTION AUTHORIZING A SOLE SOURCE PURCHASE OF GAS AND WATER METERS FROM UNITED SYSTEMS AND SOFTWARE, INC. IN THE AMOUNT OF $142,832. This Resolution was adopted unanimously. 16. 24-0103R RESOLUTION REQUESTING A VARIANCE FROM STANDARD FOR STATE-AID OPERATION FOR PROJECT NO. SAP 069-600-050, CITY PROJECT NO. 1940. Indexes: Attachments: MAP This Resolution was adopted unanimously. 17. 24-0105R RESOLUTION AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH LHB, INC. FOR ENGINEERING SERVICES FOR THE BRIGHTON BEACH ROAD RECONSTRUCTION PROJECT FOR AN INCREASE OF $361,504.00 FOR A NEW TOTAL AMOUNT NOT TO EXCEED $437,104.00, CITY PROJECT NO 1940, SAP 069-600-050. Indexes: Attachments: Exhibit A MAP This Resolution was adopted unanimously. 18. 24-0107R RESOLUTION ACCEPTING A PERMANENT EASEMENT FROM PARK POINT LAND CO., LLC FOR UTILITY PURPOSES OVER, UNDER AND ACROSS CERTAIN REAL PROPERTY LOCATED ON PARK POINT, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1-Resolution This Resolution was adopted unanimously. 19. 24-0112R RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA POLLUTION CONTROL AGENCY IMPLEMENTATION GRANTS FOR STORMWATER RESILIENCY TO FUND THE RETROFIT OF PALM STREET STORMWATER POND AND CONSTRUCT STORMWATER DRAINAGE IMPROVEMENTS IN THE 32ND AVENUE WEST CREEK WATERSHED OF DULUTH. Indexes: Attachments: Exhibit A City of Duluth Page 5 City Council Minutes - Final February 12, 2024 This Resolution was adopted unanimously. BY COUNCILOR SWENSON (PUBLIC SAFETY) 20. 24-0073R RESOLUTION AUTHORIZING THE PURCHASE OF EIGHT 2024 FORD POLICE INTERCEPTORS FROM TENVOORDE FORD, INC. FOR THE AMOUNT OF $342,199.04 This Resolution was adopted unanimously. 21. 24-0100R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA, COMMISSION OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION, PROVIDING FOR THE CITY OF DULUTH POLICE DEPARTMENT TO CONTINUE PARTICIPATION IN THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM. Indexes: Attachments: Document A - BCA ICAC JPA - 242561 This Resolution was adopted unanimously. BY COUNCILOR AWAL (RECREATION, LIBRARIES & AUTHORITIES) 22. 24-0088R RESOLUTION AUTHORIZING THE PURCHASE OF A 2024 TRACKLESS MT57 MUNICIPAL TRACTOR FROM MACQUEEN EQUIPMENT, INC. FOR A TOTAL AMOUNT NOT TO EXCEED $184,089. This Resolution was adopted unanimously. 23. 24-0101R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30801 WITH AMI CONSULTING ENGINEERS FOR COASTAL ENGINEERING SERVICES RELATED TO THE CONGDON BOULEVARD STATE DISASTER SHORELINE REHABILITATION PROJECT, FOR AN INCREASE OF $5,000.00 AND A NEW TOTAL AMOUNT NOT TO EXCEED $206,450.00. Indexes: Attachments: Exhibit A This Resolution was adopted unanimously. 24. 24-0102R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30873 WITH RACHEL CONTRACTING, LLC FOR THE CANAL PARK STATE DISASTER SHORELINE REHABILITATION PROJECT, TO City of Duluth Page 6 City Council Minutes - Final February 12, 2024 INCREASE THE AMOUNT BY $5,848.96 FOR A NEW TOTAL OF $155,380.96. 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) 25. 24-0106R RESOLUTION AUTHORIZING A DEVELOPMENT AGREEMENT WITH CHESTER CREEK VIEW LLC AND INCLINE PLAZA DEVELOPMENT LLC FOR CONSTRUCTION OF THE INCLINE PLAZA PROJECT Indexes: Attachments: 230660 Duluth Incline Lakeview TIF District Report TIF Plan.Draft.Incline37 24D-06-Development Agmt - Incline Plaza A motion was made that this Resolution be adopted. The motion carried by the following vote: Yea: 8- Councilor Awal, Councilor Forsman, Councilor Kennedy, Councilor Mayou, Councilor Nephew, Councilor Swenson, Vice President Tomanek and President Randorf Nay: 1- Councilor Durrwachter COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS Attest: Ian B. Johnson, City Clerk Passed: February 12, 2024 Approved: February 13 , 2024 Roger Reiner, Mayor City of Duluth Page 7