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, May 12, 2025 6:00 PM Council Chamber ROLL CALL Present: 9- Councilor Azrin Awal, Councilor Wendy Durrwachter, Councilor Arik Forsman, Councilor Janet Kennedy, Councilor Mike Mayou, Councilor Roz Randorf, Councilor Tara Swenson, Vice President Lynn Nephew and President Terese Tomanek PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. 25-019 Meeting Minutes of the Duluth City Council Indexes: Attachments: 2025-04-28 A motion was made by Councilor Awal to approve the Minutes. The motion was seconded by Councilor Kennedy. The Minutes were approved unanimously. PUBLIC HEARING: Assessment Roll for Sanitary Sewer Extension for E 1st St This Public Hearing was held REPORTS FROM THE ADMINISTRATION OPPORTUNITY FOR CITIZENS TO BE HEARD City of Duluth Page 1 City Council Minutes - Final May 12, 2025 Justin Voegele spoke regarding the denial of an interim use permit. Kelly Higgins spoke regarding Essentia Health unions Clare Mowry and Natalie Chin spoke about Right to Repair ordinance proposal. Tony Guerrero and Jessia Thiel spoke against the proposed interim outdoor living space at Vineyard. Janet Keough and Dawn Buck spoke in support of the EPA resolution. The following citizens spoke regarding the Woodland area rezoning ordinance (25-008-O): Ann Marie Edwards, Robin Mainella, Wil Chapple, Lisa Leedham, Will Daniels, Margi Prevs, Pasha Kahn, David Schafroth and Cheryl Fosdick. CONSENT AGENDA BY COUNCILOR FORSMAN (FINANCE) 2. 25-0351R RESOLUTION CONFIRMING ASSESSMENT ROLL FOR SANITARY SEWER EXTENSION FOR EAST FIRST STREET Indexes: Attachments: Cover Memo This Resolution was adopted unanimously. BY COUNCILOR DURRWACHTER (PURCHASING & LICENSING) 3. 25-0404R RESOLUTION AMENDING THE 2025 FEE SCHEDULE RELATING TO CANNABIS LICENSE REGISTRATION FEE AND CANNABIS TEMPORARY EVENT FEE. Indexes: Attachments: Cover Memo 2025 Fee Schedule This Resolution was adopted unanimously. BY COUNCILOR AWAL (PERSONNEL) 4. 25-0355R RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE EXISTING CIVIL SERVICE CLASSIFICATION OF SUSTAINABILITY OFFICER. Indexes: Attachments: Cover Memo Exhibit A City of Duluth Page 2 City Council Minutes - Final May 12, 2025 This Resolution was adopted unanimously. 5. 25-0395R RESOLUTION CONFIRMING THE APPOINTMENT OF NIKOLAS BAYUK TO THE PLANNING COMMISSION. Indexes: Attachments: Cover Memo This Resolution was adopted unanimously. BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 6. 25-0403R RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF A NATURAL GAS REGULATOR STATION HEATER FROM NELSON TECHNOLOGIES FOR A TOTAL AMOUNT NOT TO EXCEED $339,366.55. Indexes: Attachments: Cover Memo TERI OGI Quote Nelson Quote Authorized Representative Letter Nelson Technology Quotation Tabulation Location Map This Resolution was adopted unanimously. 7. 25-0406R RESOLUTION AWARDING A CONTRACT TO MINNCOMM UTILITY CONSTRUCTION FOR THE “LEAD SERVICE LINE REPLACEMENT - LONDON ROAD” PROJECT FOR A TOTAL AMOUNT NOT TO EXCEED $1,165,250.50. Indexes: Attachments: Cover Memo Bid Tabulation Resolution Map This Resolution was adopted unanimously. 8. 25-0408R RESOLUTION APPROVING SETTLEMENT IN THE MATTER OF ANDREW HABHEGGER AND KELSEY HABHEGGER V. CITY OF DULUTH, IN THE AMOUNT OF $33,000.00 PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT. Indexes: City of Duluth Page 3 City Council Minutes - Final May 12, 2025 Attachments: Exhibit 1 Cover Memo This Resolution was adopted unanimously. BY COUNCILOR SWENSON (RECREATION, LIBRARIES & AUTHORITIES) 9. 25-0399R RESOLUTION AUTHORIZING AN AMENDMENT TO AGREEMENT L30985 WITH A-PLUS CONTRACTORS FOR ADDITIONAL CONSTRUCTION SERVICES AT THE SPIRIT MOUNTAIN SNOWMOBILE TRAIL PROJECT, TO INCREASE THE AMOUNT BY $242,421.28, FOR A NEW TOTAL AMOUNT NOT TO EXCEED $422,246.28. Indexes: Attachments: Exhibit A Exhibit B This Resolution was adopted unanimously. 10. 25-0402R RESOLUTION AUTHORIZING AN AGREEMENT WITH GEORGE BOUGALIS AND SONS FOR DEMOLITION OF THE NORTON PARK COMMUNITY CENTER IN AN AMOUNT NOT TO EXCEED $78,950.00. Indexes: Attachments: Norton Park Demo Cover Memo Exhibit A This Resolution was adopted unanimously. 11. 25-0405R RESOLUTION AUTHORIZING A THREE-YEAR AGREEMENT WITH CAMPBELL PRODUCTIONS FOR THE OPERATION AND MANAGEMENT OF THE PARK POINT BEACH HOUSE. Indexes: Attachments: Cover Memo Exhibit A This Resolution was adopted unanimously. END OF CONSENT AGENDA The following entitled resolutions are also to be considered: BY COUNCILOR DURRWACHTER (PURCHASING & LICENSING) City of Duluth Page 4 City Council Minutes - Final May 12, 2025 12. 25-0410R RESOLUTION REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) AND THE FEDERAL ADMINISTRATION PRESERVE THE DULUTH, MINNESOTA OFFICE OF RESEARCH AND DEVELOPMENT AND ITS FRESHWATER MISSION. A motion was made by Councilor Forsman to move this Resolution to the end of the agenda for discussion. The motion was seconded by Councilor Swenson. Amendment: First Motion: Second Motion: President Tomanek Tomanek Mayou Passed unanimously Councilor Swenson Swenson Forsman Passed unanimously. Vice President Nephew Nephew Swenson Passed unanimously. Councilor Kennedy Kennedy Nephew Passed unanimously. Councilor Forsman Forsman Swenson Passed unanimously. Councilor Mayou Mayou Awal Passed unanimously. Councilor Awal Awal Tomanek Passed unanimously. This Resolution was adopted as amended. BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 13. 25-0400R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR STREET AND UTILITY PURPOSES FROM THE REGENTS OF THE UNIVERSITY OF MINNESOTA OVER, UNDER, AND ACROSS CERTAIN REAL PROPERTY IN THE CHESTER PARK-UMD NEIGHBORHOOD, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1 Cover Memo This Resolution was adopted. Councilor Mayou abstained stating employer conflict. Yea: 8- Councilor Awal, Councilor Durrwachter, Councilor Forsman, Councilor Kennedy, Councilor Randorf, Councilor Swenson, Vice President Nephew and President Tomanek Abstain: 1- Councilor Mayou City of Duluth Page 5 City Council Minutes - Final May 12, 2025 14. 25-0401R RESOLUTION ACCEPTING PERMANENT EASEMENT FOR UTILITY AND DRAINAGE PURPOSES FROM THE REGENTS OF THE UNIVERSITY OF MINNESOTA OVER, UNDER, AND ACROSS CERTAIN REAL PROPERTY IN THE CHESTER PARK-UMD NEIGHBORHOOD, AT NO COST TO THE CITY. Indexes: Attachments: Exhibit 1 25-0401R_Cover Memo This Resolution was adopted. Councilor Mayou abstained stating employer conflict. Yea: 8- Councilor Awal, Councilor Durrwachter, Councilor Forsman, Councilor Kennedy, Councilor Randorf, Councilor Swenson, Vice President Nephew and President Tomanek Abstain: 1- Councilor Mayou The following entitled ordinances are to be read for the second time: BY VICE PRESIDENT NEPHEW (PLANNING & ECONOMIC DEVELOPMENT) 15. 25-008-O AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DULUTH TO RECLASSIFY THE PARCEL DESCRIBED AS 010-4680-01265 FROM RESIDENTIAL- TRADITIONAL (R-1) TO RESIDENTIAL-PLANNED (R-P). Indexes: Attachments: Cover Memo- PLUMA-2502-0001 Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 2025-03-27, Planning Commission Meeting Audio A motion was made by Councilor Nephew to pass this Ordinance. The motion was seconded by Councilor Swenson. The Ordinance passed by the following vote: Yea: 8- Councilor Awal, Councilor Forsman, Councilor Kennedy, Councilor Mayou, Councilor Randorf, Councilor Swenson, Vice President Nephew and President Tomanek Nay: 1- Councilor Durrwachter City of Duluth Page 6 City Council Minutes - Final May 12, 2025 BY COUNCILOR MAYOU (PUBLIC WORKS & UTILITIES) 16. 25-005-O AN ORDINANCE AUTHORIZING AN ELECTRIC LINE EASEMENT TO MINNESOTA POWER, A DIVISION OF ALLETE, INC. UPON, OVER, UNDER AND ACROSS REAL PROPERTY IN THE KENWOOD NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1 Exhibit 2 Cover Memo A motion was made by Councilor Nephew to pass this Ordinance. The motion was seconded by Councilor Swenson. Councilor Forsman abstained stating employer conflict The Ordinance passed unanimously. 17. 25-006-O AN ORDINANCE AUTHORIZING AN ELECTRIC LINE EASEMENT TO MINNESOTA POWER, A DIVISION OF ALLETE, INC. UPON, OVER, UNDER AND ACROSS REAL PROPERTY IN THE KENWOOD NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1 Exhibit 2 Cover Memo A motion was made by Councilor Nephew to pass this Ordinance. The motion was seconded by Councilor Randorf. Councilor Forsman abstained stating employer conflict The Ordinance passed unanimously. 18. 25-007-O AN ORDINANCE AUTHORIZING AN ELECTRIC LINE EASEMENT TO MINNESOTA POWER, A DIVISION OF ALLETE, INC. UPON, OVER, UNDER AND ACROSS REAL PROPERTY IN THE DULUTH HEIGHTS NEIGHBORHOOD FOR NOMINAL CONSIDERATION. Indexes: Attachments: Exhibit 1 Exhibit 2 Cover Memo A motion was made by Councilor Nephew to pass this Ordinance. The motion was seconded by Councilor Tomanek. Councilor Forsman abstained stating employer conflict The Ordinance passed unanimously. COUNCILOR QUESTIONS AND COMMENTS City of Duluth Page 7 City Council Minutes - Final May 12, 2025 COUNCILOR PREVIEW OF UPCOMING BUSINESS This meeting was adjourned at 8:23 p.m. City of Duluth Page 8