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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Duluth City Council Agenda Session - February 5, 2026

City Council — Thursday, February 5, 2026

BodyDuluth, Minnesota

SessionCity Council

DateThursday, February 5, 2026

StatusFILED

Video Record

0:00 / 1:49:31

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

1:19

We will call tonight's agenda session of the city council to order.

1:23

Um I want to remind folks that tonight is the opportunity for questions.

1:29

It is the opportunity to ask questions of staff, and that's what we'll be doing here.

1:33

If there is a resolution that you'd like to pull from consent, tonight is the time.

1:38

We will start with Councillor Randorf.

1:41

Thank you so much, uh President Nephew.

1:46

It's a resolution authorizing the city administrator to accept gifts on behalf of the city in the amount of ten thousand dollars or less.

1:55

Are there any questions?

1:57

Um Counselor Darwaker.

2:00

Uh thank you, President Nephew.

2:01

I would like to pull this item from the consent agenda.

2:06

Thank you.

2:10

It is tabled already.

2:12

Oh.

2:13

All right.

2:14

Well thank you.

2:17

All right.

2:17

Uh Councillor Randor.

2:19

Thank you so much, President Nephew.

2:20

Um, and I can just as finance chair, this item is tabled.

2:23

Um I'll be meeting with Director Salinas on February nineteenth to discuss it a little bit more.

2:28

And then I'll be able to, as chair, bring back more details on the substance of this, so look forward to that.

2:34

So um I would anticipate unless uh the chair says differently, that'll remain tabled until that meeting.

2:41

Thank you, Councillor Randor.

2:43

We will move on to item number three.

2:45

Uh Counselor Forsman.

2:49

Thank you, President Nephew.

2:51

Resolution eighty-seven confirming the appointment of Theresa Tomonic to the Duluth Parking Commission.

2:56

Resolution eighty-nine confirming the appointment of Janet Kennedy to Duluth Economic Development Authority.

3:02

Resolution ninety-two confirming the appointment of members to the Duluth Housing Trust Fund Committee.

3:07

And resolution one hundred four confirming the appointment of Eric Birkland to Director of Property Parks and Libraries for the City of Duluth.

3:26

Thank you.

3:33

Thank you, President Nephew.

3:35

Um I'm curious as uh Mr.

3:39

Birkland, um so this is um item number six that I'm looking at, as Mr.

3:43

Birkland already has a role in the city um what will what's the intention to do with his current position if he's moves to this new director.

4:00

For the time being that position will remain vacant.

4:05

Okay, um we have Counselor Klana.

4:12

Thank you, President Nephew.

4:14

Uh question about item number four to education uh for educational purposes.

4:20

Are um is does Dita is it like a requirement that there are a certain number of counselors or one counselor?

4:27

I mean what what are the requirements for appointments to that committee?

4:32

In the interest of how to make it as uh diverse as possible representing community members, Council President Nephew, uh Councillor Klana, I'll uh defer that uh question to our um to Mr.

4:52

Van Tassel.

4:57

Good evening, President Nephew, Councillor Klana.

5:00

Yes, the um the the way DITA is set up is there are three city council positions and then four at-large positions.

5:08

Thank you.

5:08

You're welcome.

5:12

Um we'll move on to Councillor Darwaka.

5:15

Uh thank you, President Nephew.

5:16

Um I've got a little bit of a follow-up to um item number six to my previous question, and um Mr.

5:23

Birkland, please don't think that I'm at all against you becoming director of parks and libraries and congratulations that um this is on here.

5:33

Um but my question uh as maybe if I sh I I guess I'm looking for a little more details um because currently you have a pretty big position already, manager facilities manager.

5:51

Um how can we be reassured that that his current duties will be um still implemented?

6:03

How how will the um the properties and facilities be managed in his absence from that role?

6:14

Council President Nephew, Counselor Walker.

6:17

Um time will tell.

6:20

I I can only say that that so far uh Mr.

6:23

Berkeley has been doing uh an exceptional job, and we're we'll keep an eye on that.

6:28

And um, you know, in the future if if we determine that that position needs to be filled or that uh we need to reorganize in some fashion, uh we will definitely do that.

Discussion Breakdown — Share of Meeting

Immigration Policy█████████████████████21%

Legal Process██████████████████18%

Land Use Planning█████████████████17%

Homelessness███████████11%

Affordable Housing█████████9%

Procedural████████8%

Engineering And Infrastructure█████5%

Public Safety████4%

Personnel Matters███3%

Summary of Proceedings

Duluth City Council Agenda Session - February 5, 2026

The Duluth City Council held an agenda session on February 5, 2026, to discuss a number of resolutions and ordinances. Key topics included a resolution calling for a temporary eviction moratorium related to ICE enforcement actions, a new ordinance clarifying the city's relationship with federal immigration enforcement, and several other items on the consent calendar that were pulled for discussion.

Consent Calendar

Multiple resolutions were initially on the consent calendar. Items pulled for discussion included:
- Resolution authorizing the city administrator to accept gifts under $10,000 (tabled until a meeting with Director Salinas on February 19).
- Resolutions confirming appointments to various boards and commissions, including Theresa Tomonic to the Duluth Parking Commission, Janet Kennedy to Duluth Economic Development Authority, members to the Duluth Housing Trust Fund Committee, and Eric Birkland to Director of Property Parks and Libraries. Questions were raised about Mr. Birkland's current role and the plan for his former position, which will remain vacant for now.
- Resolution 105 calling on the Minnesota governor to issue an executive order instituting a temporary eviction moratorium to protect families from immigration enforcement actions. This item was pulled and discussed extensively.
- Items 9 and 10 (sub-recipient funding agreements with Fond du Lac Tribal and Community College, Lake Superior College, True North Goodwill, and ISD 709) were pulled from consent.
- Items 21 and 22 (resolution on immigration enforcement and contract for Perch Lake Landing) were pulled from consent.

Discussion Items

Resolution 105: Eviction Moratorium and Rental Assistance

Councilor Forsman introduced the resolution, which was modeled after a similar resolution passed in Roseville. It calls for a temporary eviction moratorium and financial assistance for residents and businesses affected by ICE enforcement actions.
Several councilors expressed concerns or asked questions:
- Councilor Forsman suggested reframing the resolution from an eviction moratorium to rental assistance, based on feedback from Jill Keppers at HRA. The authors indicated openness to amendments.
- Councilor Johnson asked about consultations with housing providers and the potential impact on rental assistance programs. The authors noted that state representative Leash Kozlowski and the POCI caucus are working on funding and details.
- Councilor Kennedy emphasized that the action should specifically target people impacted by ICE, not a broad moratorium. The authors agreed to amend the language.
- Councilor Timonic raised concerns about consultation with landlords, mortgage lenders, and the feasibility of administering such a program. The authors acknowledged the need for more consultation but argued that the resolution is a starting point to urge state action.
- Councilor Desitel suggested that the resolution should be more broadly worded to support state action, allowing the state to determine specifics. The authors noted that other cities (Roseville, Minneapolis, St. Paul) have passed similar resolutions and that timing is important to support state legislators.
The authors agreed to revise the resolution to focus on rental and mortgage assistance, specifically for those impacted by ICE, and to remove broad eviction moratorium language. They will present a draft on February 6 for review before the February 8 meeting.

Ordinance 5: Immigration Enforcement and City Resources

Councilor Randorf introduced an ordinance amending Chapter 2 of the Duluth City Code to add Article 39 regarding the communication and enforcement relationship between the city and the federal government concerning civil immigration laws.
The ordinance aims to clarify that immigration enforcement is a federal responsibility, limit use of city resources for civil immigration enforcement, provide legal clarity for employees, and include training and annual reporting.
Councilor Forsman asked about differences between the ordinance and a similar resolution introduced by Councilor Johnson. Councilor Randorf explained that the ordinance is binding law, while the resolution expresses intent; the ordinance provides durable legal standards and protections for employees.
Attorney Enslin noted that resolutions are also binding for many actions (e.g., contracts, grants) and that further review is needed to compare the two documents.
Administrator Staling confirmed that staff work will be required and that the administration is committed to working with the council.
Councilor Timonic questioned the enforceability and training costs. Councilor Randorf responded that enforcement will be through supervisory and employment processes, and training will be done using existing resources (e.g., online modules). Police Chief Sanoa and Fire Chief Kerge described their internal training protocols.
Councilor Klena asked about the interplay between resolutions and ordinances. Councilor Randorf reiterated that ordinances are necessary for clear, enforceable standards, while resolutions express policy intent.
Councilor Johnson raised concerns about enforceability and potential risks to federal funding given existing executive orders. Councilor Johnson asked that those considerations be included in the review.

Zoning Change: Duluth Heights (Ordinance 3)

An ordinance to rezone parcels in Duluth Heights from Residential Traditional R1 to Residential Planned RP was discussed.
Director Van Tassel explained that the Planning Commission approved the rezoning, which is intended to facilitate a specific project (market-rate townhomes). The UDC amendments that may eliminate RP zoning are forthcoming, but this project would be grandfathered if approved.
Councilor Durwachter inquired about the timeline for UDC amendments and the appropriateness of rezoning to RP. Van Tassel stated that the UDC changes are being developed and will go through a public hearing process before coming to council.
Councilor Klena asked about housing mix and traffic concerns. Van Tassel confirmed that the project will include market-rate rentals, and traffic will be reviewed by public works.
Councilor Forsman clarified that the council must consider requests under current rules until they are changed.

Other Discussion Items

Resolution 72: Vacation of a portion of North 94th Avenue West. The Planning Commission recommended approval; the property owner intends to use the space for yard and a well. Councilor Kennedy questioned the impact on public access, but it was noted that neighbors were notified and the right-of-way is unused.
Resolution 88: Purchase of a Ford van with sewer camera system for $335,597.52. Questions about the inability to purchase an electric vehicle; the fleet manager explained that the vehicle requires an internal combustion engine to power equipment.
Resolution 94: Purchase of a Western Star tandem dump truck for $175,541.18.
Resolution 97: Application for a port infrastructure development grant for Hallet Dock 7 for up to $18 million. Councilor Forsman asked about guarantees; Director Benning confirmed that Hallet Doc must provide guarantees for cost overruns, and the city will receive 4.5% administrative fees.
Resolution 79: Acceptance of reimbursement for ballistic vests ($7,740.50). Chief Sanoa explained that the vests are already in service and clearly marked to avoid confusion with federal agents.
Items 19-22: Various resolutions including EV charging station, architectural services, immigration resolution, and Perch Lake Landing contract. Immigration resolution (item 21) and contract (item 22) were pulled for discussion.

Key Outcomes

Resolution 105 (eviction moratorium) will be revised by the authors to focus on rental and mortgage assistance specifically for people impacted by ICE actions. A draft will be circulated by February 6 for discussion on February 8.
Ordinance 5 (immigration enforcement) will undergo further staff work and legal review. The council will continue discussion at future meetings, with amendments expected.
Ordinance 3 (zoning change in Duluth Heights) will proceed; the council will consider it on first reading. The UDC amendments are anticipated in the coming months.
Several items remained on the consent calendar for approval: appointments, grant agreements, and various purchases.
Councilor Forsman pulled items 9 and 10 from consent for further discussion.
Councilor Durwachter pulled items 21 and 22 from consent.
The meeting concluded with the understanding that further discussions will continue at the next meeting on February 8.

Meeting Transcript

We will call tonight's agenda session of the city council to order. Um I want to remind folks that tonight is the opportunity for questions. It is the opportunity to ask questions of staff, and that's what we'll be doing here. If there is a resolution that you'd like to pull from consent, tonight is the time. We will start with Councillor Randorf. Thank you so much, uh President Nephew. It's a resolution authorizing the city administrator to accept gifts on behalf of the city in the amount of ten thousand dollars or less. Are there any questions? Um Counselor Darwaker. Uh thank you, President Nephew. I would like to pull this item from the consent agenda. Thank you. It is tabled already. Oh. All right. Well thank you. All right. Uh Councillor Randor. Thank you so much, President Nephew. Um, and I can just as finance chair, this item is tabled. Um I'll be meeting with Director Salinas on February nineteenth to discuss it a little bit more. And then I'll be able to, as chair, bring back more details on the substance of this, so look forward to that. So um I would anticipate unless uh the chair says differently, that'll remain tabled until that meeting. Thank you, Councillor Randor. We will move on to item number three. Uh Counselor Forsman. Thank you, President Nephew. Resolution eighty-seven confirming the appointment of Theresa Tomonic to the Duluth Parking Commission. Resolution eighty-nine confirming the appointment of Janet Kennedy to Duluth Economic Development Authority. Resolution ninety-two confirming the appointment of members to the Duluth Housing Trust Fund Committee. And resolution one hundred four confirming the appointment of Eric Birkland to Director of Property Parks and Libraries for the City of Duluth. Thank you. Thank you, President Nephew. Um I'm curious as uh Mr. Birkland, um so this is um item number six that I'm looking at, as Mr. Birkland already has a role in the city um what will what's the intention to do with his current position if he's moves to this new director. For the time being that position will remain vacant. Okay, um we have Counselor Klana. Thank you, President Nephew. Uh question about item number four to education uh for educational purposes. Are um is does Dita is it like a requirement that there are a certain number of counselors or one counselor? I mean what what are the requirements for appointments to that committee? In the interest of how to make it as uh diverse as possible representing community members, Council President Nephew, uh Councillor Klana, I'll uh defer that uh question to our um to Mr. Van Tassel. Good evening, President Nephew, Councillor Klana. Yes, the um the the way DITA is set up is there are three city council positions and then four at-large positions. Thank you. You're welcome. Um we'll move on to Councillor Darwaka. Uh thank you, President Nephew.

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