Minneapolis City Council Agenda

Friday, April 24, 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)

1. Roll call. 13-0.

2. Adoption of the agenda.

Action Taken: Adopted, as amended to add Resolution #4.

3. Acceptance of minutes of the regular meeting and the adjourned session of
April 10, 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.

Claims

1. Claims:

Deny the claims of Syed Dara, Robert Henke, Shefqet Meko, Jeremy Risch, Virginia Sarat, Sheryl Senkiw, and Kelli Wirth.

Action Taken: Approved.

2. Claim of Colin Carpenter:

Approve payment in the amount of $25 for the claim of Colin Carpenter relating to property damage to a native prairie grass yard.

Action Taken: Approved.

3. Claim of Michael and Kelly LaVine:

Sent forward without recommendation the claim of Michael and Kelly LaVine, in the amount of $20,090, relating to damage to a retaining wall.

Action Taken: Approved payment of $14,000.

4. Claim of Dawn Vogel:

Sent forward without recommendation the claim of Dawn Vogel, in the amount of $14,560.20, relating to bodily injury resulting from a slip and fall in a loading zone.

Action Taken: Approved, as amended, to deny appeal.

Committee of the Whole - No reports

1. Land Sale (1813 - 3rd St S):

Passage of Resolution authorizing sale of portion of property to Rodney F. Johnson, owner & d/b/a Midwest Mountaineering, Inc. ( 9 votes)

Action Taken: Approved.

2. Open Arms of Minnesota (re 2500 Bloomington Ave S):

Passage of Resolution giving preliminary & final approval to issue bonds for new headquarters facility.
Early Signature by Mayor Requested

Action Taken: Approved.

3. Minnesota Home Ownership Center:

Approve exception to procurement policy to allow extension of contract without Request For Proposals process; Authorize contract for homeownership counseling, foreclosure prevention counseling & foreclosure prevention loan fund; authorize extension of contact together with carry forward of remaining 2008 contract funds.

Action Taken: Approved.

4. Minneapolis Economic Recovery Strategy/Minneapolis Recovery Zone:

Passage of Resolution designating the City of Mpls Recovery Zone for purposes of issuing Recovery Zone Bonds in 2009 & 2010.

Action Taken: Approved.

Referred Report from Transportation & Public Works

5. 2009 Hennepin County Transit-Oriented Development Program:

a) Passage of Resolution granting multi-jurisdictional program approval for submission of TOD loan/grant applications for Hennepin County projects with the City; b) Approve priority rankings for project proposals.

Action Taken: Approved.

Referred Report to Ways & Means/Budget

6. Environmental Remediation Grant Applications, Spring 2009:

Passage of Resolutions a) authorizing application to the Minnesota Department of Employment and Economic Development [DEED] Contamination Cleanup and Investigation Grant Program for various projects; and b) authorizing application to the Hennepin County Environmental Response Fund for various projects.

Action Taken: Approved.

Health, Energy & Environment

1. Public Health Advisory Committee:

Approve City Council and Mayoral appointments and reappointments of

Noya Woodrich; Jay Jaffee; Mitchell Davis Jr; David Therkelsen; Clarence Jones; Samira Dini; Kathyrn Guimaraes; and Lori Olson.

Action Taken: Approved.

2. Latino Advisory Committee:

Sent forward without recommendation the following City Council and Mayoral applicants – Nicholas J Juarez; Eva Benavidez Clayton; Vincent Ruiz-Ponce;

Paola Nunez-Obetz; Karen Jimenez Smith; Jonatan B. Gudino; Sarah Langford; David Elias Monterrosa; Stephanie Leah Hernandez; Maria M. Vazquez-Calatayud; and Erick Garcia-Luna.

Action Taken: Approved substitute report.

Referred Reports to Ways & Means/Budget

3. Public Health Emergency Preparedness:

Execute contract with University of Minnesota to receive grant of $13,196 for a research project to test the effectiveness of different types of training for public health staff in preparing to respond to an emergency; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

4. Minneapolis Economic Recovery Strategy – Youth Violence:

Submit grant application to United States Department of Justice seeking up to $600,000 to support community based organizations providing opportunities for positive youth development with youth at risk for participation in violence.

Action Taken: Approved.

5. Minneapolis Economic Recovery Strategy – Perinatal Health Care:

Submit grant application to United States Department of Health and Human Services seeking up to $800,000 to test the use of technology to promote adherence to health care recommendations.

Action Taken: Approved.

6. Living Cities Local Building Energy Retrofit Systems Grant:

Submit grant application, in collaboration with the City of St. Paul, to Living Cities seeking up to $500,000 to create sustainable systems for retrofitting buildings; realize tangible economic and environmental benefits from lower energy; support strategic city/utility/community/business/labor collaborations; leverage private and philanthropic capital for retrofit activities; and ensure that lower income communities, families and businesses will benefit from job opportunities and cost savings.

Action Taken: Approved.

Intergovernmental Relations

1. The People's Bailout Bill:

Approve amendment to the City of Mpls 2009 Legislative Agenda to include support for Section 6 of Senate File No. 542/House File No. 626 re restriction on residential lease terms for buildings in financial distress; required notice of pending foreclosure; rights of tenants of foreclosed property.

Action Taken: Approved, as amended.

2. The People's Bailout Bill:

Sent forward without recommendation an amendment to the City of Mpls 2009 Legislative Agenda to include support for Section 7 of Senate File No. 542/House File No. 626 re foreclosure moratorium.

Action Taken: Approved substitute report.

Public Safety & Regulatory Services

1. Honeybees:

Passage of Ordinance amending Title 4, Chapter 74 of the Minneapolis Code of Ordinances relating to Animals and Fowl: Miscellaneous Regulations, to permit the keeping of honeybees in the City of Minneapolis.

Action Taken: Approved, as amended.

2. Cedar Oil Winner (3333 Cedar Av):

Passage of Resolution granting Grocery License, subject to conditions.

Action Taken: Approved.

3. Liquor, Wine and Beer Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

4. Business Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

5. Gambling Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

6. Nick and Eddie (1614 Harmon Pl):

Passage of Resolution approving License Settlement Conference recommendations relating to On-Sale Liquor Class C-2 with Sunday Sales License.

Action Taken: Approved.

7. Residence Inn by Marriot (45 S 8th St):

Passage of Resolution approving License Settlement Conference recommendations relating to On-Sale Liquor Class E with Sunday Sales License.

Action Taken: Approved.

8. Chapter 249 Property at 3808 17th Av S:

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.

9. Chapter 249 Property at 1201 S 9th St:

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.

10. Rental Dwelling License at 713 19th Av NE:

Revoke license held by Gregory Keiser.

Action Taken: Approved.

11. Rental Dwelling License at 1615 Girard Av N:

Revoke license held by Gregge K. Johnson.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

12. Police, Fire and Park Police Fitness Club Memberships:

Amend agreement with Lifetime Fitness to increase amount by $508,000; and to change billing period from semi-annually to quarterly.

Action Taken: Approved.

13. Minneapolis Economic Recovery Strategy – Bryne Grant:

Execute Memorandum of Understanding and contract with Hennepin County, as follows
PS&RS

W&M/Budget

Passage of Resolution approving appropriation (9 votes).
Early Signature by Mayor Requested.

Action Taken: Approved Ways & Means/Budget recommendation.

Transportation & Public Works

1. Columbia Heights Membrane Filtration Plant Project:

Authorize increase in the contract with Black & Veatch, in the amount of $150,000, to perform additional services not included in the original scope of the project. Funds are available within the project budget.

Action Taken: Approved.

2. Public Impound Towing:

Authorize an increase in contract with S & T Transport, Inc., in the amount of $195,910, for towing services in Zone 4. No additional appropriation necessary.

Action Taken: Approved.

Referred Report to Ways & Means/Budget

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

T&PW:

a) Passage of Resolution ordering the work to proceed and adopting special assessments in the amount of $970,475.09 for the project;
b) Passage of Resolution requesting the Board of Estimate and Taxation to issue and sell assessment bonds in the amount of $970,475; and
c) Staff directed to determine appropriateness of the application of the influence zone on the property located at 6010 Lyndale Ave S.

W&M/Budget:
a) Passage of Resolution ordering the work to proceed and adopting special assessments in the amount of $963,848.70 for the project, reflecting a reduction in the total assessment amount by $6,626.39 due to the recalculation of the influence zone for the property located at 6010 Lyndale Ave S; and
b) Passage of Resolution requesting the Board of Estimate and Taxation to issue and sell assessment bonds in the amount of $963,845.
(9 votes)

Action Taken: Approved Ways & Means/Budget recommendation.

Ways & Means/Budget

1. Minneapolis Economic Recovery Strategy – Byrne Competitive Grant:

Apply for grant opportunities in Categories I (up to $225,000), VI ($85,000), and VII ($1,000,000).

Action Taken: Approved.

2. Critical Network Switches:

Approve increase to #C-25200 by $269,454 with Unisys to replace switches that have reached end of life. No additional appropriation required.

Action Taken: Approved.

3. FTE’s:

Authorize two additional FTE positions for the Application Portfolio Division of BIS; and Passage of Resolution appropriating funds.

Action Taken: Approved.

4. Intergovernmental Technology Conference (ITC):

Passage of Resolution accepting donation from Unisys Corporation to allow the Citys Chief Information Officer, Lynn Willenbring to travel to Harrisburg, Pennsylvania to attend ITC conference. (9 votes)

Action Taken: Approved.

5. Capital Long-Range Improvement Committee (CLIC):

Passage of Resolution approving two additional appointments.

Action Taken: Approved.

6. General Obligation Bonds:

Passage of Resolution requesting the Board of Estimate and Taxation to issue and sell City of Minneapolis General Obligation Refunding Bonds in compliance with Minnesota Statute. (9 votes)
Early Signature by Mayor Requested.

Action Taken: Approved.

7. Bid:

Authorize acceptance of low responsive bid from Innotex, Inc./Clarey’s Safety Equipment, to furnish and deliver fire fighter turnout clothing.

Action Taken: Approved substitute report.

8. Civil Service Commissioners:

Confirm the re-appointment of Macey Wheeler and Christine Siewert.

Action Taken: Approved.

9. Meet Minneapolis:

Authorize issuance of a Request of Proposal (RFP) for sales and marketing services for the City of Minneapolis and Convention Center.

Action Taken: Approved.

10. Ethics in Government:

Passage of Ordinance amending Title 2, Chapter 15 of code relating to Administration: Ethics in Government, amending sections relating to conflicts of interest, soliciting or accepting gifts, the Ethical Practices Board, and Ethics education.

Action Taken: Approved.

Zoning & Planning

1. Bluff Street Development, LLC (600 Main Street SE):

a) Deny appeal of the decision of the Planning Commission to deny applications for: (1) a conditional use permit for 98 dwelling units, (2) a conditional use permit to increase the height of a structure in the SH Shoreland Overlay District from 2.5 stories to 6 stories, (3) a variance to reduce the south interior side yard setback from 15 feet to various distances as low as 0 feet, and (4) a site plan review for a mixed use 98 unit residential building.

b) Deny an application to rezone the property from the I2 Medium Industrial District to the C3A Community Activity Center District, and to remove the IL Industrial Living Overlay District.

Action Taken: Approved.

2. Arts Commission Appointment:

Approve appointment of Kate Nordstrum (Ward 11) to fill a vacant term expiring January 31, 2010.

Action Taken: Approved.

3. Permitted & Conditional Uses (Zoning Code Text Amendment):

Return Chapters 536, 547, and 551 to author .

Action Taken: Approved, as amended.

Motions

1. Findings re Bluff Street Development, LLC (600 Main Street SE):

Motion by Schiff that the Findings of Fact and Recommendation relating to the applications of Bluff Street Development, LLC, at 600 Main Street SE, prepared by the City Attorney and on file as FoF-2009-028 in the Office of the City Clerk, be adopted.

Action Taken: Approved.

Resolutions

1. Honorary Resolution:

Passage of Resolution honoring The Aliveness Project’s 2009 Dining Out for Life event.

Action Taken: Approved.

2. Foreclosures:

Passage of Resolution calling for Mortgage Lenders to Allow Renters and Former Owners to Stay in their Homes With a Rental Initiative Policy.

Action Taken: Referred to Community Development Committee.

3. Member Designated High Priority Projects:

Passage of Resolution authorizing the proper City officers to make applications for Member-Designated High Priority Projects.

Action Taken: Approved.

4. Immigrant Rights and Workers’ Day:

Passage of Resolution supporting Immigrant Rights and Workers Day on
May 1, 2009.

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

Action Taken: Postponed.

2. Honorary Resolution:

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

Action Taken: Postponed.

3. Obstruction of Traffic Exemption:

Pursuant to notice (4/14/2009), Colvin Roy moves to introduce an ordinance amending Title 18, Chapter 466 of the Minneapolis Code of Ordinances relating to Traffic Code: In General for first reading and referral to the Transportation & Public Works Committee (exempting work on streets, avenues, roadways, or highways from the provisions of Sections 466.230 and 474.240 of the Code).

Action Taken: Referred to Transportation & Public Works Committee.

New Business

1. Ordinance Introduction ( Unanimous consent required):

Johnson moves to introduce the subject matter of an ordinance amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code, for first reading and referral to the Public Safety & Regulatory Services Committee (amending Section 244.1870 to require a $450 fee for the inspection of a rental dwelling which has a change of ownership).

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

2. Ordinance Introduction ( Unanimous consent required):

Samuels moves to introduce the subject matter of an ordinance amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code, for first reading and referral to the Public Safety & Regulatory Services Committee, as follows:

a. amending Section 244.1910 to include as a new rental housing licensing standard that if an owner has a second offense operating a rental without a license, it may be grounds to revoke all licenses held by the owner or where the owner has an interest in a rental property for a period of 24 months.

b. adding a new Section 244.265 requiring that the tenant be notified of mortgage foreclosure or cancellation of a contract for deed.

c. amending Section 244.1910 to include new rental housing licensing standards related to the notification requirement to tenants of mortgage foreclosure or cancellation of a contract for deed may be grounds to revoke the rental license.
d. Relating to revocation cost recovery for the City when a rental dwelling license is revoked and the same owner is requesting reinstatement of their license, the fee will be $3,000; if a new owner is obtaining a license reinstatement, the fee will remain at $1,000.

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

3. Ordinance Introduction ( Unanimous consent required):

Schiff moves to introduce the subject matter of an ordinance amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code, for first reading and referral to the Public Safety & Regulatory Services Committee (amending Sections 244.1950 and 244.1960 to shift from a citizen board to an administrative hearing process when the Director recommends denial, non-renewal, revocation or suspension of a rental license.

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

Announcements

Adjournment

1. The Minneapolis Community Development Agency (MCDA) Board of Commissioners will meet upon adjournment of the City Council Meeting.

2. Adjournment to Room 315, City Hall, for the purpose of discussing the matter of Police Officer Federation of Minneapolis vs. City of Minneapolis:

Action Taken: Approved settlement.

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: May 8, 2009
City Clerk e-mail:
councilcommitteecoordinators@minneapolismn.gov
Minneapolis Web Page: MinneapolisMN.gov

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Last updated Mar 9, 2012