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, July 15, 2024 7:00 PM Council Chamber ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 24-033 Meeting Minutes of the Duluth City Council Attachments: 2024-06-24 REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS 2. 24-032 State of MN: Audit Reports Attachments: DAA DTA REPORTS OF BOARDS AND COMMISSIONS City of Duluth Page 1 Printed on 7/16/2024 City Council Meeting Agenda - Final July 15, 2024 3. 24-034 Board and Commission Meeting Minutes Attachments: April 2024 - Planning Commission Minutes May 2024 - Planning Commission Minutes April 2024 - Duluth Public Utilities Commission Meeting Minutes April 2024 - Library Board Meeting Minutes May 2024 - Library Board Minutes May 2024 - Duluth Parking Commission Minutes HRA Minutes - January 2024 Annual Meeting HRA Minutes - January 2024 Regular Meeting HRA Minutes - February 2024 Regular Meeting HRA Minutes - March 2024 Regular Meeting REPORTS OF COUNCIL COMMITTEES REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD RESOLUTIONS TABLED BY VICE PRESIDENT TOMANEK (PERSONNEL) 4. 24-0495R RESOLUTION CONFIRMING THE APPOINTMENT OF GRANT PRENTICE TO THE SEAWAY PORT AUTHORITY. CONSENT AGENDA BY COUNCILOR DURRWACHTER (PURCHASING & LICENSING) 5. 24-0536R RESOLUTION APPROVING ISSUANCE OF TEMPORARY ON SALE LIQUOR LICENSES TO VARIOUS LICENSEES. Attachments: Attachment A Attachment B Attachment C 6. 24-0537R RESOLUTION APPROVING THE ISSUANCE OF A LAWFUL GAMBLING PREMISES PERMIT TO THE IRVING COMMUNITY ASSOCIATION Attachments: Attachment A City of Duluth Page 2 Printed on 7/16/2024 City Council Meeting Agenda - Final July 15, 2024 7. 24-0538R RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE DESIGNATED SERVING AREAS ASSOCIATED WITH THE ON-SALE INTOXICATING LIQUOR LICENSES OF VARIOUS LICENSEES Attachments: Attachment A BY VICE PRESIDENT TOMANEK (PERSONNEL) 8. 24-0530R RESOLUTION CONFIRMING THE APPOINTMENT OF BROOKE WRIGHT TO THE PARKS AND RECREATION COMMISSION. BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) 9. 24-0519R RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE STATE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT - VETERAN SERVICES PROVIDING STAFFING SERVICES AT THE DULUTH CAREERFORCE CENTER FOR THE PERIOD OF MARCH 1, 2024 - JUNE 30, 2026. Attachments: DEED Vets Shared Reception & CareerLab Agreement BY PRESIDENT RANDORF (COMMITTEE OF THE WHOLE) 10. 24-0529R RESOLUTION APPOINTING ELECTION JUDGES FOR THE AUGUST 13, 2024 PRIMARY ELECTION AND FOR THE NOVEMBER 5, 2024 GENERAL ELECTION Attachments: 2024 Election Judge Schedule AB Board BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 11. 24-0497R RESOLUTION AUTHORIZING EXECUTION OF UNITED STATES ARMY CORPS OF ENGINEERS SECTION 569 PROJECT PARTNERSHIP AGREEMENT IN THE AMOUNT OF $288,000 FOR THE IRVING PARK BIOFILTER BASIN PROJECT. Attachments: Exhibit A 12. 24-0526R RESOLUTION ORDERING THE TEMPORARY CLOSURE OF W. 5TH STREET AND W. 6TH STREET AT W. SKYLINE PARKWAY Attachments: closure of 5th and 6th street off skyline City of Duluth Page 3 Printed on 7/16/2024 City Council Meeting Agenda - Final July 15, 2024 13. 24-0528R RESOLUTION TO DESIGNATE AND ESTABLISH A ONE-WAY STREET FOR WEST SKYLINE PARKWAY BETWEEN THE WESTERLY INTERSECTION WITH HANK JENSEN DRIVE AND THE “TEE” INTERSECTION AT TWIN PONDS. Attachments: One Way and Overlook Concept resolution map 14. 24-0531R RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES FROM THE DULUTH CLINIC, LTD. OVER, UNDER, AND ACROSS REAL PROPERTY IN THE EAST HILLSIDE NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Attachments: Exhibit 1-Resolution Exhibit 2-Resolution BY COUNCILOR SWENSON (PUBLIC SAFETY) 15. 24-0520R RESOLUTION APPROVING AGREEMENT WITH THE DULUTH TRANSIT AUTHORITY FOR SERVICES AND FUNDING OF ONE COMMUNITY BASED K-9 POLICE OFFICER FOR FIVE YEARS. Attachments: Document A 16. 24-0523R RESOLUTION AUTHORIZING THE DULUTH FIRE DEPARTMENT TO ACCEPT A DONATION FOR FITNESS EQUIPMENT FROM THE DULUTH FIRE FOUNDATION VALUED AT $33,000. 17. 24-0525R RESOLUTION AUTHORIZING AN AMENDMENT TO THE PARKING MANAGEMENT AGREEMENT BETWEEN THE CITY OF DULUTH, THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY AND INTERSTATE PARKING COMPANY OF MINNESOTA LLC TO ADD TWO NEW PARKING FACILITIES TO INTERSTATE’S DULUTH FACILITY INVENTORY. Attachments: Exhibit A 18. 24-0550R RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN ST. LOUIS COUNTY AND THE CITY OF DULUTH FOR FY 2021 OPERATION STONEGARDEN PROVIDING FOR AN ADDITIONAL ALLOCATION OF FUNDS TO THE CITY IN THE AMOUNT OF $6,634 FOR LAW ENFORCEMEN SERVICES UNDER THE GRANT FROM THE U.S. DEPARTMENT OF PUBLIC SAFETY. Attachments: Document A BY COUNCILOR AWAL (RECREATION, LIBRARIES & AUTHORITIES) City of Duluth Page 4 Printed on 7/16/2024 City Council Meeting Agenda - Final July 15, 2024 19. 24-0524R RESOLUTION ACCEPTING THE FIRST AMENDMENT TO AGREEMENT 24275 WITH THE MINNESOTA HISTORICAL SOCIETY TO EXTEND THE TERM TO APRIL 30, 2025 FOR IMPLEMENTATION OF THE WAABIZHESHIKANA: THE MARTEN TRAIL INTERPRETIVE PLAN. Attachments: Exhibit A END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) 20. 24-0533R RESOLUTION REVERSING THE PLANNING COMMISSION’S DECISION TO DENY A VARIANCE FROM A SIDE YARD SETBACK FOR GARAGE AT 1231 W 4TH STREET. Attachments: Attachment A Attachment B Attachment C Attachment D Attachment E- Application materials provided 3.1.24 Attachment F- Supplementary application materials Attachment G 21. 24-0534R RESOLUTION AFFIRMING THE PLANNING COMMISSION’S DECISION TO DENY A VARIANCE FROM A SIDE YARD SETBACK FOR A GARAGE AT 1231 W 4TH STREET. Attachments: Attachment A Attachment B Attachment C Attachment D Attachment E- Application materials provided 3.1.24 Attachment F- Supplementary application materials Attachment G BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 22. 24-0532R RESOLUTION AWARDING A CONTRACT TO LAKEHEAD CONSTRUCTORS, INC. FOR THE WOODLAND BOOSTER STATION IMPROVEMENT PROJECT IN THE AMOUNT OF $6,380,940.00. Attachments: Woodland Booster Station Resolution Map City of Duluth Page 5 Printed on 7/16/2024 City Council Meeting Agenda - Final July 15, 2024 The following entitled ordinances are to be read for the first time: BY COUNCILOR KENNEDY (INTERGOVERNMENTAL RELATIONS) 23. 24-026-O AN ORDINANCE AUTHORIZING AN ACCESS EASEMENT TO THE DULUTH SEAWAY PORT AUTHORITY OVER, UNDER AND ACROSS REAL PROPERTY IN THE ONEOTA NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Attachments: Exhibit 1-Ordinance Exhibit 2-Ordinance BY COUNCILOR SWENSON (PUBLIC SAFETY) 24. 24-027-O AN ORDINANCE AMENDING ARTICLE I, SECTION 30-1 OF CHAPTER 30 OF THE DULUTH CITY CODE TO REDEFINE ABANDONED PROPERTY. 25. 24-028-O AN ORDINANCE AMENDING SECTIONS 34-5 AND 34-14 OF CHAPTER 34 OF THE DULUTH CITY CODE TO MODERNIZE LANGUAGE AND ESTABLISH DISTURBING THE NEIGHBORHOOD AS A MISDEMEANOR OFFENSE AND MODIFYING LANGUAGE FOR FALSE SOLICITING. Attachments: MOTION TO SPLIT ORDINANCE 24-028-O Mayou 26. 24-029-O AN ORDINANCE AMENDING SECTIONS 34-41(b) and 34-41(c) OF CHAPTER 34 OF THE DULUTH CITY CODE TO AMEND THE DEFINITION OF GRAFFITI STICK AND ESTABLISH DEFACEMENT AND/OR POSSESSION OF GRAFFITI IMPLEMENTS AS A MISDEMEANOR OFFENSE. 27. 24-030-O AN ORDINANCE AMENDING CHAPTER 34 OF THE DULUTH CITY CODE TO ADD SECTION 34-46 PROHIBITING CAMPING ON CITY PROPERTY. 28. 24-031-O AN ORDINANCE AMENDING CHAPTER 35 OF THE DULUTH CITY CODE TO MAKE VIOLATIONS APPLICABLE ON PUBLICLY OWNED PROPERTY AND MAKE CERTAIN VIOLATIONS MISDEMEANORS. 29. 24-032-O AN ORDINANCE AMENDING ARTICLE I, SECTIONS 44A-2 AND 44A-3, OF CHAPTER 44A OF THE DULUTH CITY CODE TO MAKE DEFACING THE SKYWALK A MISDEMEANOR OFFENSE AND PROHIBITING SMOKING OR VAPING IN THE SKYWALK SYSTEM. City of Duluth Page 6 Printed on 7/16/2024 City Council Meeting Agenda - Final July 15, 2024 30. 24-033-O AN ORDINANCE AMENDING ARTICLE I, SECTIONS 45-1 AND 45-6.3, OF CHAPTER 45 OF THE DULUTH CITY CODE TO PROVIDE FOR MISDEMEANOR OFFENSES FOR BLOCKING PASSAGE ON STREETS AND SIDEWALKS AS WELL AS OPERATING AN ATV UNLAWFULLY ON PUBLIC LAND. Attachments: MOTION TO SPLIT ORDINANCE 24-033-O AWAL 31. 24-034-O AN ORDINANCE AMENDING ARTICLE I, SECTION 49-8.2 OF CHAPTER 49 OF THE DULUTH CITY CODE TO PROVIDE FOR A MISDEMEANOR PENALTY FOR UNLAWFULLY POSSESSION OR FIRING OF AN AIRGUN OR GEL SOFT GUN. 32. 24-035-O AN ORDINANCE AMENDING ARTICLE I, SECTION 21-5 AND SECTION 21-8, OF CHAPTER 21 OF THE DULUTH CITY CODE TO UPDATE THE CITY’S OPEN BURNING AND TENT AND MEMBRANE STRUCTURES ORDINANCES. 33. 24-036-O AN ORDINANCE AMENDING SECTION 34-38 OF CHAPTER 34 OF THE DULUTH CITY CODE TO PROHIBIT MARKING OR PLACING SIGNS ON PRILEY FOUNTAIN. The following entitled ordinances are to be read for the second time: BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) 34. 24-025-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY 6 ACRES FROM MIXED USE BUSINESS PARK (MU-B) TO AP (AIRPORT) ON LAND CURRENTLY USED FOR AIRPORT OPERATIONS AT DULUTH INTERNATIONAL AIRPORT. Attachments: PL 24-029 Attachment 1 35. 24-023-O AN ORDINANCE AMENDING CHAPTER 10 OF THE DULUTH CITY CODE TO MAKE LANGUAGE GENDER NEUTRAL, UPDATE BUILDING CODE REFERENCES, AND CORRECT TERMINOLOGY. 36. 24-024-O AN ORDINANCE AMENDING SECTION 10-5, OF CHAPTER 10 OF THE DULUTH CITY CODE TO REDUCE THE MEMBERSHIP OF THE BUILDING APPEAL BOARD TO NINE MEMBERS. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 7 Printed on 7/16/2024