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, October 28, 2024 7:00 PM Council Chamber ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 24-050 Meeting Minutes of the Duluth City Council Attachments: 2024-10-15, Minutes REPORTS FROM THE ADMINISTRATION REPORTS FROM OTHER OFFICERS REPORTS OF BOARDS AND COMMISSIONS 2. 24-051 Board and Commissions Meeting Minutes Attachments: October 2023 - Charter Commission August 2024 - Building Appeal Board September 2024 - Duluth Public Utilities Commission REPORTS OF COUNCIL COMMITTEES City of Duluth Page 1 Printed on 10/25/2024 City Council Meeting Agenda - Final October 28, 2024 REPORTS OF COUNCIL OPEN ISSUES OPPORTUNITY FOR CITIZENS TO BE HEARD CONSENT AGENDA BY COUNCILOR FORSMAN (FINANCE) 3. 24-0811R RESOLUTION ADOPTING THE 2025 FEE SCHEDULE FOR LICENSE, PERMIT, FINE, PENALTY AND OTHER CHARGES. Attachments: Exhibit A - Proposed 2025 Fee Schedule Exhibit B - Fee Schedule Memorandum BY VICE PRESIDENT TOMANEK (PERSONNEL) 4. 24-0780R RESOLUTION CONFIRMING THE APPOINTMENT OF BRIAN MURPHY TO THE SEAWAY PORT AUTHORITY OF DULUTH 5. 24-0817R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF CONSTRUCTION SERVICES PERMIT COORDINATOR II, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Attachments: Exhibit A 6. 24-0818R RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE NEW CIVIL SERVICE CLASSIFICATION OF UTILITY METER & APPLIANCE TECHNICIAN, AND SPECIFYING CONTRACT BENEFITS FOR SAME. Attachments: Exhibit A 7. 24-0855R RESOLUTION CONFIRMING THE APPOINTMENT OF TERRI L. LEHR AS CITY ATTORNEY, TERMINATING THE APPOINTMENT OF JESSICA J. FRALICH AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT CONTRACT WITH TERRI L. LEHR. Attachments: Exhibit A 8. 24-0862R RESOLUTION APPROVING SETTLEMENT OF A GRIEVANCE OF THE CITY OF DULUTH SUPERVISORY ASSOCIATION AGAINST THE CITY OF DULUTH IN THE AMOUNT OF $75,000.00 PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT. Attachments: Exhibit 1 BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) City of Duluth Page 2 Printed on 10/25/2024 City Council Meeting Agenda - Final October 28, 2024 9. 24-0821R RESOLUTION PARTIALLY VACATING A UTILITY EASEMENT IN LOTS 1 AND 2, BLOCK 44; LOT 8, BLOCK 45; LOT 9, BLOCK 68; AND LOTS 1 AND 2, BLOCK 69, PLAT OF RE-ARRANGEMENT OF PART OF EAST DULUTH AND OF FIRST ADDITION TO EAST DULUTH. Attachments: Attachment 1 - Signed Exhibit Attachment 2 - PLVAC-2409-0006 Staff Report and Attachments 10. 24-0847R RESOLUTION AUTHORIZING A FIVE-YEAR MASTER SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $250,000. Attachments: Exhibit A 11. 24-0850R RESOLUTION VACATING CERTAIN UTILITY EASEMENTS WITHIN THE PLAT OF AIRPORT DIVISION. Attachments: Exhibit A Exhibit B 12. 24-0851R RESOLUTION VACATING CERTAIN PLATTED RIGHTS OF WAY WITHIN THE PLAT OF AIRPORT DIVISION. Attachments: Exhibit A Exhibit B 13. 24-0854R RESOLUTION PARTIALLY VACATING A UTILITY, PEDESTRIAN WAY, AND RECREATIONAL TRAIL EASEMENT IN THE BRISTOL BEACH 1ST DIVISION PLAT. Attachments: Exhibit A Exhibit B BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 14. 24-0822R RESOLUTION AWARDING A CONTRACT TO CONTOUR INC. FOR THE HIGH PRIORITY LEAD WATER SERVICE REPLACEMENTS FOR SITES 60,61 and 64 FOR A TOTAL AMOUNT NOT TO EXCEED $63,895.00. 15. 24-0823R RESOLUTION AUTHORIZING A PROFESSIONAL ENGINEERING AGREEMENT FOR FINAL DESIGN OF THE PALM STREET STORMWATER PROJECT WITH LHB, INC FOR AN AMOUNT NOT TO EXCEED $147,604.00. Attachments: Exhibit A.pdf City of Duluth Page 3 Printed on 10/25/2024 City Council Meeting Agenda - Final October 28, 2024 16. 24-0824R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30936 FOR ENGINEERING SERVICES FOR THE 2025 LEAD WATER SERVICE REPLACEMENT FOR HILLSIDE WITH MSA PROFESSIONAL SERVICES, INC., INCREASING THE AMOUNT BY $69,500.00 FOR A NEW TOTAL OF $236,310.00. Attachments: Exhibit A.pdf 17. 24-0825R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30935 FOR ENGINEERING SERVICES FOR THE 2025 LEAD WATER SERVICE REPLACEMENT FOR LOWER-LINCOLN PARK WITH LHB, INC., INCREASING THE AMOUNT BY $48,776.00 FOR A NEW TOTAL OF $244,886.00. Attachments: Exhibit A.pdf 18. 24-0852R RESOLUTION APPROVING THE SERVICE CALL RATES FOR CALCULATION FOR DULUTH ENERGY SYSTEMS. Attachments: DES 2024-25 Service Call Rates BY COUNCILOR SWENSON (PUBLIC SAFETY) 19. 24-0848R RESOLUTION AUTHORIZING AGREEMENT WITH ST. LOUIS COUNTY TO PERFORM POLICE SERVICES PURSUANT TO 2022 OPERATION STONEGARDEN GRANT OPERATIONS ORDER AND ACCEPTING REIMBURSEMENT THROUGH ST. LOUIS COUNTY IN THE AMOUNT OF $60,433. Attachments: Document B - Partner Agreement Exhibit A - Cover Sheet (nonpublic data) BY COUNCILOR AWAL (RECREATION, LIBRARIES & AUTHORITIES) 20. 24-0853R RESOLUTION ACCEPTING A GREATER MINNESOTA LEGACY GRANT FOR $531,590 FROM THE GREATER MINNESOTA REGIONAL PARKS AND TRAILS COMMISSION AND MINNESOTA DEPARTMENT OF NATURAL RESOURCES TO SUPPLEMENT THE 2021 SPIRIT MOUNTAIN LEGACY CAPITAL IMPROVEMENTS GRANT. Attachments: Attachment A 21. 24-0856R RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF A GENERAL FUND APPROPRIATION GRANT FROM THE STATE OF MINNESOTA FOR EXPENSES DIRECTLY RELATED TO DESIGN AND CONSTRUCT NEW FACILITIES AND TO RENEW, REPLACE AND REPAIR EXISTING FACILITIES AT THE SPIRIT MOUNTAIN RECREATION AREA IN THE CITY OF DULUTH, IN THE AMOUNT OF $13,000,000. City of Duluth Page 4 Printed on 10/25/2024 City Council Meeting Agenda - Final October 28, 2024 END OF CONSENT AGENDA The following entitled ordinances are to be read for the first time: BY COUNCILOR NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) 22. 24-050-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY THREE HALF BLOCKS ALONG E 4TH STREET FROM MIXED-USE NEIGHBORHOOD (MU-N) AND MIXED USE-INSTITUTIONAL (MU-I) TO FORM DISTRICT 6 (F-6) Attachments: Attachment 1 Attachment 2 23. 24-052-O AN ORDINANCE GRANTING MINNESOTA POWER A CONCURRENT USE PERMIT FOR A LOADING DOCK ALONG WEST MICHIGAN STREET. Attachments: Attachement 1 - CUP Exhibits Attachment 2 - PLCUP-2409-0002 Staff Report and Attachments 24. 24-053-O AN ORDINANCE GRANTING FESTIES INC A CONCURRENT USE PERMIT FOR A STOOP AND RETAINING WALL AT 711 MARTHA STREET. Attachments: Attachment 1 - Exhibit Attachment 2 - PLCUP-2409-0001 Staff Report and Attachments BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 25. 24-054-O AN ORDINANCE DEDICATING PERPETUAL EASEMENTS FOR UTILITY PURPOSES OVER CITY-OWNED PROPERTY. Attachments: Exhibit A-Ordinance Exhibit B-Ordinance The following entitled ordinances are to be read for the second time: BY VICE PRESIDENT RANDORF (FINANCE) 26. 24-045-O AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION SPIRIT MOUNTAIN BONDS OF THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $13,500,000 UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PROVIDING FOR THE PAYMENT THEREOF. City of Duluth Page 5 Printed on 10/25/2024 City Council Meeting Agenda - Final October 28, 2024 27. 24-049-O AN ORDINANCE AMENDING SECTIONS 50-20.3 U(10) AND 50-20.5 M(14) TO PROVIDE AN EXEMPTION TO THE CAP ON VACATION DWELLING UNITS AND ACCESSORY VACATION DWELLING UNITS IN RR-1 AND RR-2 DISTRICTS WITHIN 300 FEET OF A MU-C DISTRICT Sponsors: Forsman and Nephew Attachments: Attachment 1 Attachment 2 BY COUNCILOR SWENSON (PUBLIC SAFETY) 28. 24-043-O AN ORDINANCE AMENDING CHAPTER 33, ARTICLE VII, SECTIONS 97.1, 97.2, 97.3, 97.5, 97.6, OF THE DULUTH CITY CODE AND REPEALING CHAPTER 33, ARTICLE VII, SECTION 97.7 OF THE DULUTH CITY CODE RELATED TO A SNOW EMERGENCY TO CARRY OUT SNOWPLOWING. Attachments: Snow Parking Emergency Resolution BY COUNCILOR AWAL (RECREATION, LIBRARIES & AUTHORITIES) 29. 24-051-O AN ORDINANCE REPEALING ORDINANCE 10908. COUNCILOR QUESTIONS AND COMMENTS COUNCILOR PREVIEW OF UPCOMING BUSINESS City of Duluth Page 6 Printed on 10/25/2024