Minneapolis City Council Agenda

Friday, April 10, 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.

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)

1. Roll call. 13-0.

2. Adoption of the agenda.

Action Taken: Adopted, as amended to add consideration of Motions #2a and 2b.

3. Acceptance of minutes of the special meeting of March 25, 2009, and the regular meeting and adjourned session of March 27, 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

1. 2010 Census:

Sent forward without recommendation establishment of initial procedural steps.

Action Taken: Approved, as amended.

Community Development

1. MacPhail Center for Music (501 S 2nd St):

Passage of Resolution approving governmental program & annual budget for operation.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

2. 2009 Consolidated Plan:

Authorize submittal of Plan to the U.S. Dept of Housing & Urban Development.

Action Taken: Approved.

3. Covenire Care LLC (re Nokomis Senior Assisted Living Housing Project, 3717-23rd Ave S):

Passage of Resolutions - a) Adopting Nokomis Senior Assisted Living Redevelopment Plan & Nokomis Senior Assisted Living Tax Increment Financing Plan; b) Authorizing issues of Limited Revenue Pay-As-You-Go Tax Increment Financing Note; c) Giving final approval to the issuance of Tax-Exempt Multi-Family Housing Revenue Bonds; Approve redevelopment contract business terms & contracts.

Action Taken: Approved.

4. Park Dedication Requirement:

Recommendation regarding ordinance amending Title 22, Chapter 598 of the Mpls Code of Ordinances relating to Land Subdivision: Land Subdivision Regulations, imposing a park dedication requirement on new development:
Comm Dev

W&M/Budget

Action Taken: Approved W&M/Budget Committee recommendation, as amended.

5. African Development Center (ADC) (re 1927-29 S 5th St):

Authorize Great Streets Gap Financing Loan to ADC Commercial Real Estate, Inc, for purchase & redevelopment of property; Passage of Resolution appropriating funds.

Action Taken: Approved.

Health, Energy & Environment - No reports

Intergovernmental Relations

1. Special Legislation (re 2309 Lyndale Ave S):

Approve support for House File No. 2114/Senate File No. 1846 relating to alcohol, allowing a special liquor license for a development, provided local approval clause is added to proposed legislation.

Action Taken: Approved.

2. Community Radio Act:

Approve amendment to Fiscal Year 2010 Federal Legislative Agenda to include language supporting legislation allowing establishment of low-power FM stations throughout the country.

Action Taken: Approved.

Public Safety & Regulatory Services

1. Nuisances:

Passage of Ordinance amending Title 11, Chapter 227 of the Minneapolis Code of Ordinances relating to Health and Sanitation: Nuisances Generally, prohibiting upholstered furniture not manufactured for outdoor use in any front or side yard or rear yard abutting a street or on any opened porch exposed to the elements.

Action Taken: Lost.

2. Guthrie Theater – Culinaire (818 S 2nd St):

Grant On-Sale Liquor Class A with Sunday Sales License (new proprietor).
Early Signature by Mayor Requested.

Action Taken: Approved.

3. Gay 90’s (400 Hennepin Av):

Grant On-Sale Liquor Class A with Sunday Sales License (expansion of premises for rooftop dining area, chapel and bar).

Action Taken: Approved.

4. Epic (110 5th St N):

Grant On-Sale Liquor Class A with Sunday Sales License (expansion of premises for rooftop outdoor patio).

Action Taken: Approved.

5. North East Social Club (355 13th Av NE):

Grant On-Sale Wine Class C-2 with Strong Beer License (expansion of premises) and Sidewalk Cafe License (new business), subject to conditions.
Early Signature by Mayor Requested.

Action Taken: Approved.

6. Cork Dork Wine Co (4726 Cedar Av):

Passage of Resolution granting Off-Sale Liquor License, subject to conditions.

Action Taken: Approved.

7. Liquor, Wine and Beer Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

8. Business Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

9. Gambling Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

10. River Liquor Store (2435 Marshall St):

Passage of Resolution approving License Settlement Conference recommendations relating to Off-Sale Liquor License.

Action Taken: Approved.

11. Wrecker Services (200 E Lyndale Av N):

Passage of Resolution approving License Settlement Conference recommendations relating to Towing Class A License.

Action Taken: Approved.

12. Checker Cab Company (2010 E Hennepin Av):

Passage of Resolution approving License Settlement Conference recommendations relating to Taxicab Service Company License.

Action Taken: Approved.

13. International Ballroom (3003 27th Av S):

Adopt Findings of Fact, Conclusions and Recommendation by Administrative Law Judge Eric Lipman; and Deny application for an On-Sale Liquor Class B with Sunday Sales License submitted by Baku Entertainment & Restaurants and Fatemeh Engen.

Action Taken: Approved.

14. Rental Dwelling License at 1643 Upton Av N:

Approve reinstatement of license to be held by Tom A. Puzak.

Action Taken: Approved.

15. Chapter 249 Property at 1429 Morgan Av N:

Concur with Director of Inspections’ determination that the property constitutes an immediate hazard to the public health and safety; Approve waiver of the 60-day waiting period set forth in Chapter 249; and that the other procedures as set out in Chapter 249 may be implemented immediately.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

16. Citizen Corp Program:

Accept 2007 State Homeland Security Grant of $39,133.65 to support ongoing efforts of Citizen Corp and CERT; and Passage of Resolution approving appropriation. (9 votes)
Early Signature by Mayor Requested.

Action Taken: Approved.

17. Minnesota Joint Analysis Center:

Execute grant agreement with Minnesota Homeland Security and Emergency Management to receive $236,200 awarded to the Police Department for the regional sharing of intelligence information; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

18. Police Radios:

Accept grant award of $22,633.81 and execute necessary contracts with Metropolitan Emergency Services Board for purchase of 22 basic entry level radios for officers; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

19. Policing Services for Public Housing:

Execute contract with Minneapolis Public Housing Authority to provide enforcement and community policing services at public housing locations; and Passage of Resolution approving appropriation.

Action Taken: Approved.

20. Police Property Disposal:

Execute contract with Covanta Hennepin Energy Resource Co for disposal of a limited amount of property from the Property and Evidence Room as directed by State law and City ordinance.

Action Taken: Approved.

Transportation & Public Works

1. Municipal State Aid Street System Revisions:

Passage of Resolution requesting deletions from and additions to the Municipal State Aid (MSA) street system to maximize the City’s benefit from the Municipal State Aid allocation.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

2. Second Ave N Street Reconstruction Project (Washington Ave to 3rd St N):

Passage of Resolutions - a) Ordering the work to proceed and adopting special assessments; b) Requesting the Board of Estimate and Taxation to issue and sell assessment bonds; and c) Ordering the abandonment and removal of areaways located in the public right-of-way in conflict with the project. (9 votes)

Action Taken: Approved.

3. Third Ave N Street Reconstruction Project (Washington Ave to 5th St N):

Passage of Resolutions - a) Ordering the work to proceed and adopting special assessments; b) Requesting the Board of Estimate and Taxation to issue and sell assessment bonds; and c) Ordering the abandonment and removal of areaways located in the public right-of-way in conflict with the project. (9 votes)

Action Taken: Approved.

4. Lynnhurst Street Renovation Project (Phase V):

Passage of Resolutions - a) Ordering the work to proceed and adopting special assessments; and b) Requesting the Board of Estimate and Taxation to issue and sell assessment bonds for the project. (9 votes)

Action Taken: Approved.

5. Organic Materials Composting Pilot Program:

Authorize expansion of the pilot program into additional neighborhoods and the purchase of specialized composting refuse containers manufactured by Otto Environmental Systems.

Action Taken: Approved.

6. Downtown TMO 2009 - 2011 Grant Agreements:

a) Authorize execution of a Pass Through Grant Agreement with Met Council to provide up to $661,797 in federal grant funding for Transportation Demand Management projects through March 31, 2011;
b) Authorize execution of an agreement with the Downtown Minneapolis Transportation Management Organization (TMO) which provides up to $661,797 in federal grant funding in effect through March 31, 2011; and
c) Passage of Resolution approving appropriation.

Action Taken: Approved.

7. Capital Project Close-Outs:

Passage of Resolutions - a) Receiving and accepting the final costs of various Property Services, Parking, and Traffic Operations projects and reallocating excess revenues and Net Debt Bonds to other capital projects; and b) Requesting concurrence of the Board of Estimate and Taxation in the reallocation of Net Debt Bonds.

Action Taken: Approved.

8. 2009 Grant Agreement Amendments:

a) Authorize execution of an amendment to an agreement with the State of Minnesota to provide up to $5,636,000 in federal grant funding for the Non-Motorized Transportation Pilot Project (NTP);
b) Authorize execution of an amendment to an agreement with Transit for Livable Communities (TLC) which provides up to $5,636,000 in federal grant funding for anticipated expenses through December 31, 2010; and
c) Passage of Resolution increasing the appropriation and revenue in the Grants - Federal Fund from $2,474,892 to $5,636,000.

Action Taken: Approved.

9. Columbia Heights Membrane Filtration Plant:

Authorize execution of a settlement agreement with GE Ionics, Inc. (d/b/a GE Water Process & Technologies) to resolve disputes, make corrections and improvements to ultrafiltration equipment, and make contract changes in the total amount of $1,550,000. Funds are available within the project budget.
Early signature by Mayor requested.

Action Taken: Approved.

10. Minneapolis Economic Recovery Strategy - Clean Water Revolving Fund:

Authorize submittal of a series of applications for Clean Water Revolving Funds to obtain American Recovery and Reinvestment Act funding for wastewater or stormwater projects.

Action Taken: Approved.

11. Bids:

a) OP 7082, Accept low bid of Lametti and Sons, Inc. for cured-in-place pipe liners;
b) OP 7083, Accept low bids of Commercial Asphalt Company and Midwest Asphalt Corporation to furnish and deliver bituminous mixtures through March 31, 2010;
c) OP 7099, Accept low bid of Graymont (WI), LLC, to furnish quick lime to the Water Department; and
d) OP 7107, Accept low bid of Ironwood Companies for removal of asbestos-containing electrical conduit.

Action Taken: Approved.

Ways & Means/Budget

1. Legal Settlements:

Passage of Resolution approving settlements of the legal claims of a) Raymond Campbell ($6,000); b) Michael Luke Wilder ($6,750); and c) Suwana Reynolds ($6,500).

Action Taken: Approved.

2. No-Fault Claim:

Approve initial authorization to submit all current and ongoing bills relating to no-fault claimant Christine Rautio directly to the City Finance Officer.

Action Taken: Approved.

3. Legal Matter:

Deny defense and indemnification of Officers Robert J. Kroll and Wallace M. Krueger.

Action Taken: Approved.

4. Utility Billing Insert:

Approve the May 2009 utility billing insert asking water customers to take an online water use survey.

Action Taken: Approved.

5. 2010 Initial Budget Schedule:

Approve.

Action Taken: Approved.

6. 2008 SAFER Grant:

Authorize staff to decline federal fiscal year 2008 grant award.

Action Taken: Approved.

7. Healthy Kids, Healthy Communities Initiative:

Apply for four-year grant of $360,000 from the Robert Wood Johnson Foundation to prevent childhood obesity.

Action Taken: Approved.

8. Medica Skyway Senior Center:

Approve amending agreement #22384 with Medica, increasing by $125,000; and extend term until December 31, 2009. No additional appropriation required.

Action Taken: Approved.

Zoning & Planning - No reports

Motions

1. City Payroll:

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

Action Taken: Approved.

2. Minneapolis 311 Contract Execution:

a) Motion by Ostrow to discharge the Ways & Means/Budget Committee on further consideration of the Minneapolis 311 Contact Center’s request to authorize execution of contracts with the top three (3) selected temporary staffing agency providers.

b) Motion by Ostrow to approve Minneapolis 311’s request authorizing contracts with Masterson Personnel, Aerotek, and Nexpro Personnel for seasonal peak call volumes.

Action Taken: Approved.

Resolutions

1. Honorary Resolution:

Passage of Resolution honoring Rainbow Families.

Action Taken: Approved.

Unfinished Business

1. Honorary Resolution:

Passage of Resolution honoring the 2008-2009 State Champion South High Lady Tigers Basketball Team. ( Action Taken 3/27/2009: Postponed to 4/24/2009

2. Honorary Resolution:

Passage of Resolution honoring all time leading scorer Tayler Hill. ( Action Taken 3/27/2009: Postponed to 4/24/2009

New Business

1. COBRA Benefits:

Action Taken: Approved.

2. Notice of Intent:

Colvin Roy gives notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 18, Chapter 466 of the Minneapolis Code of Ordinances relating to Traffic Code: In General (exempting work on the highway from the provisions of Sections 466.230 and 474.240 of the Code).

Announcements

Adjournment

Adjournment to Room 315, City Hall, for the purpose of discussing the matters of:
a) On-Sale Liquor License, Class B, held by T.J. Management of Minneapolis d/b/a Gabby’s Saloon and Eatery; Minnesota Court of Appeals File No. A08-0681;
b) T.J. Management of Minneapolis d/b/a Gabby’s Saloon and Eatery v. City of Minneapolis, United States District Court File No. 08-CV-512 JMT/FLN; and
c) Arradondo, et al. v. City of Minneapolis, et al.

Action Taken: On a) & b), No action taken; c) Settlement approved.

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: 4/24/2009
City Clerk e-mail:
councilcommitteecoordinators@minneapolismn.gov
Minneapolis Web Page: MinneapolisMN.gov

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Last updated Mar. 9, 2012