Minneapolis City Council Agenda

Friday, March 6, 2009 at 9:30 a.m.

Council Chamber, Room 317 City Hall

Minneapolis, Minnesota

NOTE: All cellular telephones, pagers and BlackBerry devices to be switched to a non-audible function during Council and Committee meetings.

Present: Council President Johnson, Vice President Lilligren, Majority Leader Benson, Minority Leader Gordon, Council Members Ostrow, Hofstede, Samuels, Goodman, Glidden, Schiff, Remington, Colvin Roy and Hodges
(Majority vote of all members, 7; 2/3 vote of all members, 9)

* * * * * * *

Time Certain: 9:40 a.m.

A moment of silence honoring former Council Member Alice Rainville (1928-2009).

* * * * * * *

1. Roll call.

2. Adoption of the agenda.

Action Taken: Adopted.

3. Acceptance of minutes of the regular meeting and the adjourned session of February 20, 2009; and the adjourned session of February 23, 2009.

Action Taken: Accepted.

4. Referral of petitions and communications and reports of the City officers to proper Council committees and departments.

Action Taken: Referred.

Committee of the Whole - no reports

Community Development

1. Lyndale Green Project (610 W 28th St):

Authorize continued staff analysis of proposed development.

Action Taken: Approved.

2. Parcel A (re northeast side of 2nd St S between 3rd & 5th Aves S):

Approve granting of Exclusive Development Rights to Eagle Iron Partners Joint Venture, Lupe Development Partners, LLC and North First Ventures, LLC.

Action Taken: Approved, as amended.

Referred Report to Ways & Means/Budget

3. MN Department of Employment & Economic Development Redevelopment Program:

Accept grant award for Center for Changing Lives & LSS Park Avenue Apartments; Passage of Resolution appropriating funds. ( 9 votes)

Action Taken: Approved.

Health, Energy & Environment

1. Civilian Police Review Authority:

Passage of Ordinance amending Title 9, Chapter 172 of the Minneapolis Code of Ordinances relating to Fire and Police Protection: Civilian Police Review Authority, adding a vice chairperson to be appointed by the Mayor, with the chairperson and vice chairperson to have two-year staggered terms; and allowing the Board to appoint an acting chairperson in the absence of a chairperson or vice chairperson with full authority to conduct actions.

Action Taken: Postponed.

Referred Reports to Ways & Means/Budget

2. 348-TOTS Pre-school Program:

Authorize reprogram $34,500 in unexpended Year 34 CDBG public service funds to support early childhood pre-school screening services provided by Hennepin County.

Action Taken: Approved.

3. CDBG Public Service Funds:

HE&E – Approve list of agencies and amounts recommended for funding by the Public Health Advisory Committee for period June 1, 2009 through May 31, 2011;
Execute annual contracts with the approved list of agencies; and
Approve list of agencies recommended by PHAC as approved but not funded; and execute contracts if funding becomes available.
W&M/Budget
Sent forward without recommendation.

Action Taken: Approved Health, Energy & Environment Committee recommendation.

Intergovernmental Relations

1. Hydropower Facilities:

Approve amendment to the City of Mpls 2009 Legislative Agenda to include opposition to Senate File No 840, amending legislation regulating certain hydropower facilities.

Action Taken: Approved.

2. The Alliance - A University District Partnership:

Approve submission of letter on behalf of the City Council affirming support of the Alliance's work, in accordance with the City's legislative agenda.

Action Taken: Approved.

Public Safety & Regulatory Services

1. Pollution Control:

Passage of Ordinances amending Title 3 of the Minneapolis Code of Ordinances relating to Air Pollution and Environmental Protection, amending the annual registration language and identifying separate violations for each day registration is not renewed:

a. Chapter 46 relating to Hazardous Waste Generation, Handling, Storage ankd Disposal;

b. Chapter 47 relating to Air Pollution;

c. Chapter 48 relating to Minneapolis Watershed Management Authority;

d. Chapter 50 relating to Minneapolis Waste Control and Waste Discharge Rules;

e. Chapter 54 relating to Storm Water Management.

Action Taken: Approved.

2. Beer Licenses:

Passage of Resolution granting Temporary On-Sale Beer applications.

Action Taken: Approved.

3. Business Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

4. Gambling Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

5. Housing Board of Appeals:

Approve reappointments – Beth Hart, Sandy Loescher, Kristen Denzer, Lauren Maker, Matthew Knopp, Anne Gilbertson-Seeling, Steven Leventhal, JoAnn Velde, Bryan Tyner, Ruth Kildow, Geri Meyer (ex-officio), and Lee Wolf (ex-officio).

Action Taken: Approved.

6. Chapter 249 Property at 2426 Plymouth Av N:

Authorize demolition.

Action Taken: Approved.

7. Chapter 249 Property at 2321 Fremont Av N:

Authorize demolition.

Action Taken: Approved.

8. Rental Dwelling License at 828 22nd Av NE:

Revoke license held by Pedro Llivichuzca.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

9. Commercial Building Registration Program:

Sent forward without recommendation the following:

a. Ordinance amending Title 9, Chapter 174 of the Minneapolis Code of Ordinances relating to Fire and Police Protection: Minneapolis Fire Department; Fire Prevention Bureau, authorizing and establishing a commercial building registration program.

b. Fire Department staff direction to work with the Minnesota Insurance Board to see if commercial building inspections conducted by the Minneapolis Fire Department will be accepted by insurance companies as sufficient proof of inspection for their purposes.

Action Taken: Approved, as amended.

10. Metropolitan Medical Response System Program:

Execute contract with Ramsey County Public Health to provide administration to coordinate the development and implementation of the program.

Action Taken: Approved.

11. Emergency Preparedness:

Accept $49,463.17 Emergency Management Performance Grant as pass through from Hennepin County and $1,000 grant from Target Corporation; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

Transportation & Public Works

1. Ordinance Amendments - Public Right-of-Way:

Passage of Ordinances amending Title 17 of Code relating to Streets and Sidewalks to reflect existing City practices and State Statutes related to oversight and control of repairs and improvements in the public right-of-way:
a. Chapter 429 relating to Right-of-Way Administration; and
b. Chapter 430 relating to Right-of-Way Permits.

Action Taken: Approved.

2. Lease of Unimproved Rights-of-Way:

Approve execution of three new leases, and the month-to-month extension of one expired lease, to allow the use of unimproved public rights-of-way to abutting property owners for tenant parking.

Action Taken: Approved.

3. Cedar Lake Trail Agreement with HCRRA:

Passage of Resolution authorizing the negotiation and execution of an agreement with Hennepin County Regional Railroad Authority (HCRRA) that provides for the acquisition, through negotiation or condemnation, of temporary construction easements and permanent transportation easements for trail, rail, and other transportation-related uses.

Action Taken: Approved as amended.

4 Lynnhurst Street Renovation Project (Phase V):

Passage of Resolution designating the location and streets to be improved in the project.

Action Taken: Approved.

5. Lynnhurst Street Renovation Project (Phase V):

a) Receive cost estimate and direct the City Engineer to prepare proposed assessments against benefited properties; and b) Set a public hearing to be held on March 31, 2009.

Action Taken: Approved.

6. Oak Hill Area (West Half) Street Resurfacing Project:

Passage of Resolution designating the location and streets to be improved in the project.

Action Taken: Approved.

7. Oak Hill Area (West Half) Street Resurfacing Project:

a) Receive cost estimate and direct the City Engineer to prepare proposed assessments against the benefited properties; and b) Set a public hearing to be held on April 14, 2009.

Action Taken: Approved.

8. Thomas Ave North Street Resurfacing Project (Dowling Ave N to 42nd Ave N):

Passage of Resolution designating the location and streets to be improved in the project.

Action Taken: Approved.

9. Thomas Ave North Street Resurfacing Project (Dowling Ave N to 42nd Ave N):

a) Receive cost estimate and direct the City Engineer to prepare proposed assessments against the benefited properties; and b) Set a public hearing to be held on April 28, 2009.

Action Taken: Approved.

10. Lowry Ave Bridge:

Approve Hennepin County’s preliminary layout for the Lowry Ave Bridge over the Mississippi River.

Action Taken: Approved as amended.

Referred Reports to Ways & Means/Budget

11. Bloomington Ave S Resurfacing Project (Minnehaha Pkwy to 54th St E):

a) Passage of Resolution ordering the work to proceed and adopting special assessments; and
b) Passage of Resolution requesting concurrence of the Board of Estimate and Taxation to issue and sell assessment bonds for the project. (9 votes)

Action Taken: Approved.

12. Hamilton School Building (4119 Dupont Ave N):

T&PW:
a) Authorize reimbursement in the amount of $181,466.33 to the Minneapolis Public Schools for an upgrade to the existing cooling system; and
b) Authorize the negotiation of a purchase price for the potential acquisition of the property.
W&M/Budget

b) Authorize the determination of a potential purchase price for the acquisition of the property.

Action Taken: Approved Ways & Means/Budget Committee recommendation.

13. Northstar Corridor/LRT Extension - Signal Controller Work:

a) Authorize the execution of an agreement to accept funds in the amount of $289,000 for signal controller work; and
b) Passage of Resolution increasing the appropriation for the project. (9 votes)

Action Taken: Approved.

14. Northstar Corridor/LRT Extension - Utility Agreement Amendment:

Authorize increase in the construction agreement with Mn/DOT in the amount of $312,000 to allow for final reimbursement to the City for utility relocation costs.

Action Taken: Approved.

15. Closing Capital Projects:

a) Passage of Resolution receiving and accepting the final costs of various Paving and Bridge Operations Projects and adjusting the capital appropriation to close-out the projects and reallocate excess revenues to other Paving and Bridge Operations Projects; and
b) Passage of Resolution requesting concurrence of the Board of Estimate and Taxation in the reallocation of Net Debt Bonds.

Action Taken: Approved.

16. Bid:

T&PW: Accept low bid of Knutson Construction Services, Inc. (OP 7057), in the amount of $9,868,000, for the construction of the Hiawatha Maintenance Facility.
W&M/Budget

Early signature by Mayor requested.

Action Taken: Approved Ways & Means/Budget Committee recommendation.

Ways & Means/Budget

1. Legal Settlement:

Passage of Resolution approving settlement of the Mercury Refining Superfund Site case ($6,162.52).

Action Taken: Approved.

2. COMPASS Financials:

Authorize amending Contract C-24470 with Oracle USA, Inc. to extend contract additional two years; and to negotiate new pricing. No additional appropriations required.

Action Taken: Approved substitute report.

3. Bid for Publication:

Accept bid of Finance and Commerce for an estimated expenditure of $50,000 to furnish publication of ordinances and proceedings for the City of Minneapolis through December 31, 2010.

Action Taken: Approved.

Zoning & Planning

1. 1120 W Broadway:

Grant appeal in part from the decision of the City Planning Commission approving applications for a conditional use permit to allow for a fast food restaurant and a variance to reduce the interior side yard setback along the north property line to allow for a drive-through access lane, deny appeal in part of approval of application for a variance to reduce the minimum drive aisle width to access parking areas and pump islands for the property, and Direct City Attorney’s Office to prepare Findings of Fact.

Action Taken: Approved.

2. 3009 Park Avenue South (Pauline Fjelde residence):

Deny appeal from the decision of the Heritage Preservation Commission denying an application for the Demolition of a Historic Resource, establishing interim protection, and directing the Planning Director to prepare a designation study for the property.

Action Taken: Approved.

3. Arts Commission Appointment:

Approve appointment of Carol Daly (Ward 7) to fill the unexpired term of Collette Illarde to expire January 31, 2011.

Action Taken: Approved.

Motions

1. City Payroll:

Motion by Ostrow that regular payrolls of City employees under Council jurisdiction for the month of April, 2009 be approved and ordered paid.

Action Taken: Approved.

2. Adopt Findings:

Motion by Schiff that the findings of fact relating to 1120 West Broadway, prepared by the City Attorney and on file in the Office of the City Clerk be adopted.

Action Taken: Approved.

Resolutions

1. Honorary Resolution:

Resolution honoring the Phillips Youth Civic Engagement Project for its successes working with youth in the community.

Action Taken: Approved.

Unfinished Business

1. City Charter Revision:

Pursuant to notice (2/20/2009), Ostrow moves introduce the subject matter of revision of the City Charter pursuant to the recommendations from the Charter Commission as transmitted on March 4, 2009, for first reading and referral to the Intergovernmental Relations Committee, as follows:
Revising Chapter 1: City and Ward Boundaries
Revising Chapter 2: Officers - Elections
Revising Chapter 3: Powers and Duties of Officers
Revising Chapter 4: City Council—Powers—Duties, Etc.
Revising Chapter 5: Taxation and Finance
Revising Chapter 6: Police Department
Revising Chapter 7: Fire Department
Revising Chapter 8: Public Highways and Bridges
Revising Chapter 9: Water Works
Revising Chapter 10: Local Improvements - Assessments
Revising Chapter 11: Miscellaneous Provisions
Revising Chapter 12: Power of City Council to Grant Franchises
Revising Chapter 13: City Planning Department
Revising Chapter 14: Board of Health
Revising Chapter 15: Board of Estimate and Taxation
Revising Chapter 16: Parks and Parkways
Revising Chapter 17: Library Board
Revising Chapter 18: [Reserved]
Revising Chapter 19: Civil Service
Revising Chapter 20: Laws Made Part of the Charter by Reference, Etc.

Action Taken: Referred to Intergovernmental Relations Committee.

2. Park Dedication Requirement:

Pursuant to notice (2/20/2009), Johnson moves to introduce the subject matter of an ordinance amending Title 22, Chapter 598 of the Minneapolis Code of Ordinances relating to Land Subdivision: Land Subdivision Regulations, for first reading and referral to the Community Development and Ways & Means/Budget Committees (imposing a park dedication requirement on new development).

Action Taken: Referred to Community Development Committee.

New Business

1. Taxicab Meter Fares:

a. Gordon moves to request unanimous consent to introduce an ordinance amending Title 13, Chapter 341 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations: Taxicabs, that Section 341.775 relating to Review of Fares shall become effective on March 1, 2010; and prior to March 1, 2010, the maximum meter fare amounts for mileage charges shall be equal to the amounts as were authorized to be charged on February 28, 2009.
b. Gordon moves that said ordinance be given its second reading for amendment and passage.

Action Taken: None.

Glidden gave notice of intent to introduce at the next regular meeting of the City Council an ordinance amending Title 13, Chapter 341 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations: Taxicabs, that Section 341.775 relating to Review of Fares shall become effective on March 1, 2010; and prior to March 1, 2010, the maximum meter fare amounts for mileage charges shall be equal to the amounts as were authorized to be charged on February 28, 2009.

2. Ordinance Introduction ( Unanimous consent required):

Samuels moves to introduce the subject matter of the following ordinances amending Title 20 of the Minneapolis Code of Ordinances relating to Zoning Code, for first reading and referral to the Zoning & Planning Committee (to rezone select parcels and modify overlay districts as an implementation step for the West Broadway Alive plan adopted March 21, 2008):

a) Chapter 521 relating to Zoning Districts and Maps Generally

b) Chapter 551 relating to Overlay Districts.

Action Taken: Referred to Zoning & Planning Committee.

3. Notice of Intent:

Ostrow gives notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 2, Chapter 15 of the Minneapolis Code of Ordinances relating to Administration: Ethics in Government:

a) Article I, Conflict of interest (correcting a typographical error) and Soliciting or accepting gifts (conforming language to the language of the state gift ban)

b) Article III, Ethical practices board (changing the appointment process and eliminating the requirement to submit a budget request) and Ethics education (requiring ethics education every three years).

4. Ordinance Introduction ( Unanimous consent required):

Benson moves to introduce the subject matter of an ordinance amending Title 4, Chapter 74 of the Minneapolis Code of Ordinances relating to Animals and Fowl: Miscellaneous Regulations, for first reading and referral to the Public Safety & Regulatory Services Committee (to permit the keeping of honeybees in the City of Minneapolis).

Action Taken: Referred to Public Safety & Regulatory Services Committee.

Announcements

Adjournment

Adjournment to Room 315, City Hall, for the purpose of discussing the matters of the a) Khang Family Claim; and b) Arradondo, et al. v. City of Minneapolis et al.

Action Taken: a) Approved settlement; b) No action taken.

Adjournment to Thursday, March 12, 2009, at 1:30 p.m. in the Council Chamber for the purpose of adopting the 2009 Revised Budget.

Notice: A portion of this meeting may be closed to the public pursuant to Minnesota Statutes Section 13D.03 or 13D.05.

Next Regular City Council Meeting: Friday, March 27, 2009
City Clerk e-mail:
councilcommitteecoordinators@minneapolismn.gov
Minneapolis Web Page: MinneapolisMN.gov

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Last updated Apr. 17, 2012