City Council

411 West First Street City of Duluth Duluth, Minnesota 55802 Meeting Agenda - 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, May 13, 2024 7:00 PM Council Chamber ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 24-027 Meeting Minutes of the Duluth City Council Attachments: 2024-04-22, Minutes PUBLIC HEARING: TIF Plan - Welch Place/Area No. 1 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 Printed on 5/13/2024 City Council Meeting Agenda - Final May 13, 2024 CONSENT AGENDA BY COUNCILOR FORSMAN (FINANCE) 2. 24-0337R RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND LAW ENFORCEMENT LABOR SERVICES 363 FOR THE YEARS 2024-2026. Attachments: Exhibit A 20240423 Duluth LELS 363 CBA -Red Line w. appendix .pdf 3. 24-0370R RESOLUTION AUTHORIZING A LETTER OF UNDERSTANDING WITH THE STATE BOARD OF INVESTMENT ESTABLISHING A SEPARATELY MANAGED OTHER POST-EMPLOYMENT BENEFITS (OPEB) ACCOUNT FOR THE CITY OF DULUTH Attachments: Exhibit A 4. 24-0385R RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DULUTH AND LAW ENFORCEMENT LABOR SERVICES LOCAL 538 FOR THE YEARS 2024-2026. Attachments: Exhibit A 20240422 2024-2026 CBA Duluth LELS 538 Police Redline.pdf BY COUNCILOR DURRWACHTER (PURCHASING & LICENSING) 5. 24-0334R RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH TOSHIBA BUSINESS SOLUTIONS SERVICES FOR THE RENTAL AND MAINTENANCE OF COPIERS FOR A MONTHLY PAYMENT OF $10,648.81 AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $383,342.76. 6. 24-0356R RESOLUTION APPROVING ISSUANCE OF TEMPORARY ON SALE LIQUOR LICENSES TO VARIOUS LICENSEES. Attachments: Attachment A Attachment B 7. 24-0358R RESOLUTION APPROVING THE TRANSFER OF AN ON SALE INTOXICATING LIQUOR LICENSE TO WINDWARD RESTAURANT CONCEPTS, LLC Attachments: Attachment A City of Duluth Page 2 Printed on 5/13/2024 City Council Meeting Agenda - Final May 13, 2024 8. 24-0359R RESOLUTION APPROVING THE PERMANENT EXPANSION OF THE DESIGNATED SERVING AREA ASSOCIATED WITH THE ON-SALE INTOXICATING LIQUOR LICENSE OF MARGARITAS, LLC Attachments: Attachment A 9. 24-0360R RESOLUTION APPROVING THE TRANSFER OF AN ON SALE INTOXICATING LIQUOR LICENSE TO HANABI Z & J, LLC Attachments: Attachment A 10. 24-0361R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE DESIGNATED SERVING AREAS ASSOCIATED WITH THE ON-SALE INTOXICATING LIQUOR LICENSES OF VARIOUS LICENSEES Attachments: Attachment A Attachment B 11. 24-0364R RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE TO EMILIANO’S, LLC Attachments: Attachment A 12. 24-0365R RESOLUTION APPROVING THE ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE TO CLYDE INDUSTRIAL PARK, INC. Attachments: Attachment A BY VICE PRESIDENT TOMANEK (PERSONNEL) 13. 24-0317R RESOLUTION CONFIRMING THE APPOINTMENT OF VALERIE JOECKEL TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH. 14. 24-0390R RESOLUTION CONFIRMING THE APPOINTMENT OF MARIE ANDERSON AND MICHAELA MULLIN TO THE COMMISSION ON DISABILITIES. 15. 24-0391R RESOLUTION CONFIRMING THE APPOINTMENT OF DENNIS NELSON TO THE ALCOHOL, GAMBLING AND TOBACCO COMMISSION BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) 16. 24-0373R RESOLUTION APPROVING A TAX INCREMENT FINANCING PLAN FOR THE WELCH PLACE TAX INCREMENT FINANCING DISTRICT AS PROPOSED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA. Attachments: Draft TIF Plan Duluth HRA Welch Place for Distribution 12APR2024 NSI Memo Duluth HRA Welch Place_20Feb2024 welch_notice City of Duluth Page 3 Printed on 5/13/2024 City Council Meeting Agenda - Final May 13, 2024 17. 24-0388R RESOLUTION OF SUPPORT FOR ONE ROOF COMMUNITY HOUSING’S REQUEST TO THE STATE OF MINNESOTA FOR LOW INCOME HOUSING TAX CREDITS AND THE CONDITIONAL PRE-COMMITMENT OF UP TO $500,000 OF BROWNFIELD REVOLVING LOAN FUNDING FOR THE REHABILITATION OF THE 121 UNIT FAITH HAVEN APARTMENTS PROJECT. 18. 24-0389R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE MINNESOTA HOUSING FINANCE AGENCY RELATED TO THE LOW-INCOME HOUSING TAX CREDIT PROGRAM FOR THE YEAR 2025. Attachments: EXHIBIT A Joint Powers Agreement and Attachment Duluth 3.5.24 (002) BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 19. 24-0328R RESOLUTION AUTHORIZING AN AGREEMENT WITH CORNWELL ENGINEERING GROUP FOR ENGINEERING, DESIGN AND COMMISSIONING SERVICES FOR THE WATER SYSTEM CORROSION CONTROL PROJECT FOR A TOTAL AMOUNT NOT TO EXCEED $169,015.00 20. 24-0329R RESOLUTION AMENDING A CONTRACT WITH LHB, INC. TO PROVIDE PROFESSIONAL ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE 2024 HILLSIDE CULVERT REPAIRS PROJECT, TO INCREASE THE AMOUNT BY $89,691.50 FOR A NEW TOTAL NOT TO EXCEED $160,984.25. Attachments: Exhibit A 21. 24-0331R RESOLUTION AUTHORIZING A GRADE CROSSING AND MAINTENANCE AGREEMENT WITH BNSF RAILWAY TO REMOVE RAILROAD CROSSING ON RALEIGH STREET AS A PART OF THE RALEIGH STREET RECONSTRUCTION PROJECT, FOR APPROXIMATELY $13,965.00. Attachments: RaleighResolution Resolution Exhibit 1 22. 24-0333R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, INC. FOR THE RECONSTRUCTION OF RALEIGH STREET BETWEEN GRAND AVE AND 59TH AVE W IN THE AMOUNT OF $2,788,500.00. Attachments: Construction Award RaleighSt. City of Duluth Page 4 Printed on 5/13/2024 City Council Meeting Agenda - Final May 13, 2024 23. 24-0340R RESOLUTION AMENDING A CONTRACT WITH LHB, INC. TO PROVIDE PROFESSIONAL ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE BARDON’S PEAK SKYLINE PARKWAY IMPROVEMENTS PROJECT, TO INCREASE THE AMOUNT BY $221,298.00 FOR A NEW TOTAL OF $410,458.00, CITY PROJECT NO. 1608, SP 118-060-013. Attachments: Bardons Creek Add'l Design Fee Estimate. Rev 1 Bardons Creek CA Phase Fee Estimate Project1608_4-30-2024 24. 24-0342R RESOLUTION AUTHORIZING A SERVICE AGREEMENT WITH RICK’S TREE AND STUMP REMOVAL TO CLEAR TREES AND BRUSH FROM THREE EASEMENT SITES IN THE CITY FOR AN AMOUNT NOT TO EXCEED $68,987.17. Attachments: Exhibit A 25. 24-0344R RESOLUTION AUTHORIZING THE PURCHASE OF THREE PLOW TRUCKS FROM BOYER TRUCKS - SUPERIOR FOR THE AMOUNT OF $374,553.99. 26. 24-0357R RESOLUTION AWARDING A CONTRACT TO NORTHLAND CONSTRUCTORS OF DULUTH, INC FOR THE 6TH AVENUE EAST EXTENSION PROJECT IN THE AMOUNT OF $3,822,500.00. Attachments: 6thAveE 27. 24-0367R RESOLUTION AUTHORIZING THE PURCHASE OF GAS METERS FROM GROEBNER & ASSOCIATES, INC., IN THE AMOUNT OF $240,020.00. 28. 24-0369R RESOLUTION AMENDING AGREEMENT L30672 WITH TELUS COMMUNICATIONS (U.S.) INC. TO ADD THE PURCHASE OF TABLETS FOR WINTER MAINTENANCE VEHICLES AND THE ASSOCIATED MONTHLY SOFTWARE SERVICES FOR THE REMAINING CONTRACT TERM ENDING SEPTEMBER 27, 2027, FOR AN ADDITIONAL AMOUNT OF $34,565.00, AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $213,017.50. 29. 24-0374R RESOLUTION AWARDING A CONTRACT TO JMF CONSTRUCTION INC. FOR THE PARK POINT STORM SEWER IMPROVEMENTS IN THE AMOUNT OF $211,954.85. 30. 24-0375R RESOLUTION AWARDING A CONTRACT TO ULLAND BROTHERS INC. FOR THE BRIGHTON BEACH ROAD RECONSTRUCTION PROJECT IN THE AMOUNT OF $2,063,200.00. Attachments: Brighton Beach Road Reconstruction Map City of Duluth Page 5 Printed on 5/13/2024 City Council Meeting Agenda - Final May 13, 2024 BY COUNCILOR SWENSON (PUBLIC SAFETY) 31. 24-0313R RESOLUTION AUTHORIZING THE DULUTH FIRE DEPARTMENT AND CARE RESOURCES CONNECTION TO START A LOCAL COMMUNITY HEALTH ALLIANCE WITH PAYMENT ESTIMATED AT $180,000 OVER A THREE-YEAR TERM. Attachments: DFD Contract Final 32. 24-0355R RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO ACCEPT A $95,000 GRANT AWARD FROM THE OFFICE OF NATIONAL DRUG CONTROL POLICY, HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDTA) PROGRAM, TO BE USED FOR EXPENSES INCURRED DURING PARTICIPATION IN THE LAKE SUPERIOR DRUG CORRIDOR INITIATIVE. Attachments: Document A - Grant Agreement 33. 24-0362R RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $63,500 FOR THE 2024 TRAFFIC SAFETY VEHICLE GRANT TO SUPPORT THE LAKE SUPERIOR TRAFFIC ENFORCEMENT TEAM PARTNER AGENCIES. Attachments: Document A - Grant Agreement 34. 24-0394R RESOLUTION AUTHORIZING A TRAINING AGREEMENT WITH ESSENTIA HEALTH TO ALLOW THE DULUTH FIRE AND POLICE DEPARTMENTS TO UTILIZE FOR TRAINING PURPOSES AT NO COST TO THE CITY BUILDINGS EARMARKED FOR DEMOLITION. Attachments: Document A BY COUNCILOR AWAL (RECREATION, LIBRARIES & AUTHORITIES) 35. 24-0307R RESOLUTION AMENDING THE 2024 FEE SCHEDULE RELATED TO USE OF CITY-OWNED ELECTRIC VEHICLE CHARGING STATIONS. 36. 24-0310R RESOLUTION AUTHORIZING AN INCREASE TO CONTRACT L30720 WITH CORVAL CONSTRUCTORS FOR THE CITY HALL MECHANICAL-ELECTRICAL-PLUMBING PROJECT IN THE AMOUNT OF $829,144.00 FOR A NEW TOTAL NOT TO EXCEED $3,689,144.00. 37. 24-0330R RESOLUTION AUTHORIZING AN AGREEMENT WITH NORTHERN ECOLOGICAL SERVICES FOR TERRESTRIAL INVASIVE SPECIES REMOVAL AND TREATMENT IN HARTLEY NATURAL AREA AND THE ST. LOUIS RIVER NATURAL AREA FOR AN AMOUNT NOT TO EXCEED $158,250.00. Attachments: Exhibit A City of Duluth Page 6 Printed on 5/13/2024 City Council Meeting Agenda - Final May 13, 2024 38. 24-0332R RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF A HOST SITE AGREEMENT FOR THE SUMMER OF 2024 WITH TRUE NORTH AMERICORPS FOR PLACEMENT AT THE DULUTH PUBLIC LIBRARY AT NO COST TO THE CITY. Attachments: Exhibit A Duluth Library Partner Site Agreement.pdf 39. 24-0372R RESOLUTION AUTHORIZING THE THIRD AMENDMENT TO AGREEMENT 24401 WITH THE NATIONAL PARK SERVICE TO INCREASE THE FUNDING AWARD BY $224,000 TO SUPPORT ADDITIONAL PROGRAMMING ALONG THE ST. LOUIS RIVER ESTUARY. Attachments: Exhibit A 40. 24-0376R RESOLUTION AUTHORIZING AN AGREEMENT WITH LHB, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION SERVICES FOR THE DULUTH LAKEWALK PROJECT FOR A TOTAL AMOUNT NOT TO EXCEED $1,119,149.00 Attachments: Exhibit A 41. 24-0377R RESOLUTION AUTHORIZING A THREE-YEAR LEASE AGREEMENT WITH THE DULUTH AREA FAMILY Y.M.C.A. FOR THE OPERATION AND MANAGEMENT OF THE UPPER LEVEL OF THE WOODLAND COMMUNITY CENTER. Attachments: Exhibit 1-2024 Resolution 42. 24-0379R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30521 WITH LHB, INC. FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL AND COASTAL ENGINEERING SERVICES FOR THE BRIGHTON BEACH PROJECT, FOR AN INCREASE OF $24,800.00 AND A NEW TOTAL AMOUNT NOT TO EXCEED $453,797.00. Attachments: Exhibit A END OF CONSENT AGENDA The following entitled ordinances are to be read for the first time: BY COUNCILOR FORSMAN (FINANCE) 43. 24-017-O AN ORDINANCE ESTABLISHING A FUNDING FRAMEWORK THAT USES BOTH ANNUAL APPROPRIATIONS AND THE OPEB TRUST FUND TO PAY THE COST OF OTHER POST-EMPLOYMENT BENEFITS. Attachments: Exhibit A City of Duluth Page 7 Printed on 5/13/2024 City Council Meeting Agenda - Final May 13, 2024 BY COUNCILOR DURRWACHTER (PURCHASING & LICENSING) 44. 24-016-O AN ORDINANCE AMENDING SECTION 41-29 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING SURPLUS PROPERTY DISPOSAL PROCEDURES AS IT RELATES TO CANINE PARTNERS. BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) 45. 24-011-O AN ORDINANCE AMENDING SECTIONS 50-14.5, RESIDENTIAL-TRADITIONAL; 50-14.6, RESIDENTIAL-URBAN; AND 50-15.2, MIXED USE-NEIGHBORHOOD; RELATED TO DIMENSIONAL STANDARDS IN THESE ZONE DISTRICTS OF THE UNIFIED DEVELOPMENT CHAPTER Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 46. 24-012-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY PARCELS 010-0090-00480, 010-0090-00490, 010-0090-00500, AND 010-2119-00530 FROM RESIDENTIAL-TRADITIONAL (R-1) TO RESIDENTIAL-PLANNED (R-P) LOCATED ADJACENT TO AND NORTH OF BALD EAGLE CIRCLE, HAWKS RIDGE ESTATES SUBDIVISION. Attachments: MTA 24-012-O Nephew Red Line - Planning Commission vs. Staff Report for Rezoning Attachment 1 PL 24-011 Staff report and attachments 3.12.24 Attachment 2 - 3-12-24 PC Meeting Attachment 3 March 12, 2024 PC Minutes Attachment 4 - 4-9-2024 PC Meeting Attachment 5 Public Comment Attachment 6 PL 24-011 Staff Memo and Attachments 4.9.24 Attachment 7 April 9, PC Minutes (not approved yet) BY PRESIDENT RANDORF (COMMITTEE OF THE WHOLE) 47. 24-019-O AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II, SECTION 2-3 AND CHAPTER 2, ARTICLE V, SECTION 2-31 OF THE DULUTH CITY CODE TO EXPAND THE CITY ADMINISTRATOR’S AUTHORITY TO SIGN CITY CONTRACTS, COLLECTIVE BARGAINING AGREEMENTS AND LEASES. City of Duluth Page 8 Printed on 5/13/2024 City Council Meeting Agenda - Final May 13, 2024 The following entitled ordinances are to be read for the second time: BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) 48. 24-008-O AN ORDINANCE DESIGNATING THE MULTIFAMILY RESIDENTIAL/COMMERCIAL (BELANGER BLOCK - 1916) BUILDING AS A DULUTH HERITAGE PRESERVATION LANDMARK COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 9 Printed on 5/13/2024