Minneapolis City Council Agenda

Friday, May 8, 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.

3. Acceptance of minutes of the regular meeting and the adjourned session of April 24, 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. Minneapolis Economic Recovery Strategy - Transportation Electrification Grant:

a) Motion by Lilligren to find under Council Rule 4 that the regular Council cycle is not adequate, and consider the action of the Committee of the Whole from May 7, 2009. at this meeting. (9 votes)

b) Authorize letter of support to the University of Minnesota for their Transportation Electrification Grant.

Action Taken: Approved.

Community Development

1. Foreclosures:

Passage of Resolution calling for mortgage lenders to allow renters & former owners to stay in their homes with a Rental Initiative Policy.

Action Taken: Approved.

2. Great Streets Business District Support Contracts:

Authorize contracts for business district support activities.

Action Taken: Approved.

3. Year 2010 Low Income Housing Tax Credit Procedural Manual & Qualified Allocation Plan (QAP):

Approve Manual & QAP.

Action Taken: Approved.

4. Lutheran Social Services/Center for Changing Lives Project:

Passage of Resolution authorizing acceptance of MN Department of Employment & Economic Development Redevelopment Program Grant funding.

Action Taken: Approved.

5. Land Sale (1215 Marshall St NE-part):

Passage of Resolution authorizing sale of property to Kristina Oman, subject to conditions. ( 9 votes)

Action Taken: Lost. Referred back to the Community Development Committee.

6. Mpls Economic Recovery Strategy/2008 Consolidated Plan Amendment #2 Homeless Prevention & Rapid Re-Entry Housing Program:

Authorize staff to further develop Amendment prior to submission to U.S. Department of Housing & Urban Development & submit by 5/18/2009; Authorize Memorandum of Understanding with Hennepin County to implement programming.

Action Taken: Approved.

Referred Report to Ways & Means/Budget

7. Franklin Light Rail Transit Station Area Redevelopment Plan:

Approve land acquisition by the City using Transit Oriented Development Program set-aside & Land acquisition for Affordable New Development funds & authorize redevelopment contract with Seward Redesign & related documents, with conditions; Passage of Resolutions - a) appropriating funds; b) Approving Modification No. 2 to Franklin LRT Station Area Redevelopment Plan & Modification No. 113 to Common Development & Redevelopment Plan & Common Tax Increment Financing Plan; & c) Authorizing borrowing of LAAND funds from Metropolitan Council for acquisition of property by the City.
Early Signature by Mayor Requested.

Action Taken: Approved, as amended.

Health, Energy & Environment

1. Health Insurance Portability and Accountability Act:

Execute Business Associate Agreements with governmental, community or other entities related to the sharing of protected health information; and Authorize Commissioner of Health to sign Agreements on behalf of the City.

Action Taken: Approved.

2. School Based Clinic Program:

Execute internship agreements with University of St. Thomas and St. Mary’s University for practicum students enrolled in their Masters Counseling and Psychology and/or Marriage and Family programs to receive clinical counseling practicum experience.

Action Taken: Approved.

Referred Report to Ways & Means/Budget

3. 2006 Healthy Homes Demonstration Grant:

Amend agreement with Pediatric Home Services to increase grant funded services to provide asthmas visits and interventions through December 31, 2009.

Action Taken: Approved.

Intergovernmental Relations

1. Mpls Charter Commission:

Approve formal request that the Charter Commission recommend an amendment of the City Charter, by ordinance, to reinstate the City's primary election in the event of adverse decision in the case of Minnesota Voters Alliance, et al v. City of Mpls, et al.

Action Taken: Approved.

2. Mpls City Charter:

Approve Charter Revision Workgroup Proposal for process to facilitate City Council review & analysis of proposed Charter changes.

Action Taken: Approved.

Public Safety & Regulatory Services

1. Elixir Lounge (322 1st Av N):

Grant On-Sale Liquor Class B with Sunday Sales License.
Early Signature by Mayor Requested.

Action Taken: Approved.

2. Taxicab Driver James Huseby (2419 Grand St NE):

Passage of Resolution approving operating conditions relating to Taxicab Driver’s License.

Action Taken: Approved.

3. Sam’s Wine and Spirits (218 Washington Av N):

Passage of Resolution granting Off-Sale Liquor License, subject to conditions.
Early Signature by Mayor Requested.

Action Taken: Approved.

4. DJ’s Stump Removal (6033 Dague Av SE, Delano):

Passage of Resolution granting Tree Servicing License, subject to conditions.

Action Taken: Approved.

5. La Belle Crepe (825 Nicollet Mall):

Passage of Resolution granting Sidewalk Cafe License, subject to conditions.
Early Signature by Mayor Requested.

Action Taken: Approved, as amended.

6. Liquor, Wine and Beer Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

7. Business Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

8. Gambling Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

9. Rental Dwelling License at 4007 Emerson Av N:

Revoke license held by James M. Price III.

Action Taken: Approved.

10. Property at 1803 Emerson 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.

11. Property at 2214 Penn 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.

12. Chapter 249 Property at 2819 Bloomington Av S:

Sent forward without recommendation Director’s Order to Demolish the property.

Action Taken: Approved restoration agreement.

13. Chapter 249 Properties at 1714 Hillside Av N and 1105 E 28th St:

Authorize demolition.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

14. Bomb Unit:

Passage of Resolution accepting the donation of an aluminum post stand to be used by the Police Department in the disarming of bombs. (9 votes)

Action Taken: Approved.

15. Bid #7090 for Non-Emergency Securing Vacant and Open Buildings:

PS&RS - Accept low bid of Castrejon Inc.
W&M/Budget

Action Taken: Approved Ways & Means/Budget recommendation.

16. Bid #7089 for Emergency Securing Vacant and Open Buildings:

PS&RS - Accept low bid of Neighbor Serve Inc.
W&M/Budget

Action Taken: Approved Ways & Means/Budget recommendation.

17. Bid for Demolition of Ten Structures:

OP #7136, accept low bid of Doboszenski and Sons to demolish ten structures as directed by Regulatory Services.

Action Taken: Approved.

18. 2009 Assistance to Firefighters Grant:

Submit application seeking $130,000 from United States Department of Homeland Security to replace two self contained breathing apparatus filling air compressor systems.

Action Taken: Approved.

19. Animal Care & Control Donations:

Passage of Resolution authorizing the solicitation of donations by Minneapolis Animal Care & Control for the purpose of funding activities related to animal care and to supplement educational/outreach efforts.

Action Taken: Approved.

Transportation & Public Works

1. Minneapolis Economic Recovery Strategy - Transportation Electrification Grant:

Sent forward without recommendation request that the proper City officers be authorized to submit a letter of support to Ford Motor Co. for their application for a Transportation Electrification Grant.

Action Taken: Approved as amended.

2. NPDES Stormwater Management Program and Annual Report:

Passage of Resolution adopting the Annual National Pollutant Discharge Elimination System (NPDES) Report on 2009 Minneapolis Stormwater Management Program and 2008 Activities.

Action Taken: Approved.

3. Special Assessment Deferment:

Approve special assessment deferment application from the owner of the property located at 1611 - 37th St E to defer a new water service line repair assessment.

Action Taken: Approved.

4. 44th St W Street Resurfacing Project (France Ave S to Upton Ave S):

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

Action Taken: Approved.

5. 44th St W Street Resurfacing Project (France Ave S to Upton Ave S):

a) Receive cost estimate and direct City Engineer to prepare proposed special assessments against the benefited properties; and b) Set a public hearing to be held on June 2, 2009.

Action Taken: Approved.

6. 7th St N Street Resurfacing Project (6th Av N to 200 ft E of Van White Blvd):

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

Action Taken: Approved.

7. 7th St N Street Resurfacing Project (6th Av N to 200 ft E of Van White Blvd):

a) Receive cost estimate and direct City Engineer to prepare proposed special assessments against the benefited properties; and b) Set a public hearing to be held on June 2, 2009.

Action Taken: Approved.

8. Xerxes Ave S Street Resurfacing Project (50th St W to W Lake Calhoun Pkwy):

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

Action Taken: Approved.

9. Xerxes Ave S Street Resurfacing Project (50th St W to W Lake Calhoun Pkwy):

a) Receive cost estimate and direct City Engineer to prepare proposed special assessments against the benefited properties; and b) Set a public hearing to be held on June 2, 2009.

Action Taken: Approved.

10. 38th St E Street Resurfacing Project (Nicollet Ave to Chicago Ave):

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

Action Taken: Approved.

11. 38th St E Street Resurfacing Project (Nicollet Ave to Chicago Ave):

a) Receive cost estimate of $319,600 and direct the City Engineer to prepare proposed special assessments against the benefited properties; and b) Set a public hearing to be held on June 16, 2009.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

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

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

Action Taken: Approved.

13. Contract for Sodium Permanganate:

Increase contract with Hawkins, Inc. by $300,000 to provide sodium permanganate to Public Works Water Department.

Action Taken: Approved.

14. Minneapolis-Duluth/Superior Passenger Rail Alliance:

Authorize expenditure of $50,000 for participation in the Minneapolis-Duluth/Superior Passenger Rail Alliance Board for the development of the Northern Lights Express.

Action Taken: Approved.

15. Bicycle Donation:

Passage of Resolution accepting the donation of 26 bicycles from Bikes Belong, to be used for the Bike Walk Ambassador Program and as part of a potential City bicycle fleet. (9 votes)

Action Taken: Approved.

16. Water Sale Agreement:

Authorize execution of three separate 20-year agreements for the sale of water to the Metropolitan Airports Commission, the city of Edina, and the city of Hilltop.

Action Taken: Approved.

17. 18th Ave NE Bikeway Project, Phase II (Monroe St NE to Marshall St NE):

a) Passage of Resolution increasing the appropriation for the project by $1,000,000, to be reimbursed by federal funds;
b) Authorize execution of an agreement with Burlington Northern Santa Fe Railway for acquisition of permanent trail easements; and
c) Authorize execution of permanent trail easements from 1700 2nd St NE (East Side Neighborhood Services) and 1800 2nd St NE (A Chance to Grow, Inc.).

Action Taken: Approved.

18. Re-Bid for Modernization of Elevators:

a) Accept low bid of Kone, Inc. in the amount of $445,300 for the modernization of elevators for Public Works Traffic and Parking Division;
b) Authorize project funding through Ramp Capital RMP01, with bonds repaid by Convention Center sales tax proceeds; and
c) Passage of Resolution increasing the appropriation for the project.

Action Taken: Approved.

19. Parking Ramp Revenue Control Equipment:

a) Authorize increase in contract with Don Harstad Company in the amount of $780,000, for automated revenue control equipment at the Plaza Municipal Parking Facility;
b) Authorize project funding through Ramp Capital RMP01, with bonds repaid by Convention Center sales tax proceeds; and
c) Passage of Resolution increasing the appropriation for the project.

Action Taken: Approved.

20. Bids:

a) OP 7042, Accept bid of MacQueen Equipment, Inc., for an estimated expenditure of $69,108.52, for a cart lifting system for Solid Waste and Recycling Division; and
b) OP 7116, Accept low bid of Veit and Company, for an estimated expenditure of $992,848.58, to accomplish removals, storm sewer, and grading on Chicago Ave.
Early signature by Mayor requested.

Action Taken: Approved.

Ways & Means/Budget

1. Legal Settlement:

Passage of Resolution approving settlement of the legal claims of Juan Carlos Paute ($9,000).

Action Taken: Approved.

2. Mobile Data Computers:

Authorize purchase of additional mobile data computers under OP #6874 from Data 911 ($136,000). Funded by federal grant received by MPD.

Action Taken: Approved.

3. Virtual Server Capacity:

Approve increase to #C-25200 by $87,666 with Unisys to expand the City’s virtual server hosting capacity. Funded by existing CLIC funds.

Action Taken: Approved.

4. Utility Billing Insert:

Approve the June 2009 utility billing insert regarding legal and illegal fireworks in Minneapolis.

Action Taken: Approved.

5. Empowerment Zone:

a) Accept grant funds ($264,600) from HUD.
b) Passage of Resolution approving appropriations. (9 votes)

Action Taken: Approved.

6. Banking and Custodial Services:

Authorize issuance of a Request of Proposal (RFP).

Action Taken: Approved.

Zoning & Planning

1. Moratorium Waiver (3028 Cedar Avenue S):

Deny waiver from moratorium on establishment, reestablishment or expansion of principal parking facilities in the area bounded by Chicago Avenue, Midtown Greenway/Hennepin County Regional Railroad Authority right-of-way, E 31st Street & Hiawatha Avenue, to allow for a principal parking facility.

Action Taken: Approved.

2. Sparrow Café (2500 Fifth Street NE, 415 Lowry Avenue NE):

Passage of Ordinance rezoning property from R2B to the C1 zoning district to permit a restaurant.

Action Taken: Approved.

3. Church of St. Helena (3204 43rd Street E):

Passage of Resolution vacating the public alley bounded by 32nd Avenue S and 33rd Avenue S, and 43rd Street E and 44th Street E, subject to easements, for use as a parking lot and drive aisles. ( 9 votes)

Action Taken: Approved.

4. Zoning Code Map Amendment (46th Street LRT Station Area rezoning):

Passage of Ordinance rezoning properties from residential to commercial, and find that obtaining consent signatures for the rezoning would be impractical. ( 9 votes)

Action Taken: Approved.

Motions

1. City Payroll:

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

Action Taken: Approved.

Resolutions

1. National Public Works Week:

Action Taken: Approved.

2. Community Action of Minneapolis:

Action Taken: Approved.

3. 2009 Supplemental Budget (Technical Correction):

Passage of Resolution amending Resolution 2009R-090 entitled "Amending the 2009 General Appropriation Resolution by establishing revised 2009 appropriation levels for City Departments, passed March 12, 2009, by replacing the table to reflect the adopted revised appropriation levels for City departments.

Action Taken: Approved.

4. American Indian Future Leaders:

Resolution honoring American Indian Future Leaders.

Action Taken: Approved.

5. Latino Economic Development Center and Ramon Leon:

Resolution honoring the Latino Economic Development Center and Ramon Leon.

Action Taken: Approved.

6. Public Service Recognition Week:

Resolution commending all public servants for their dedication and continued service during Public Service Recognition Week, the week of May 4, 2009.

Action Taken: Approved.

7. American-Indian Month

Resolution recognizing May 2009 as American-Indian Month in the City of Minneapolis.

Action Taken: Approved.

8. W.I.S.E. Charter School:

Resolution honoring the W.I.S.E. Charter School for excellence for their efforts in educating children in North Minneapolis.

Action Taken: Approved.

9. Julia Ward Howe:

Resolution recognizing the contributions of Julia Ward Howe to the advancement of peace and to the origins of Mother's Day.

Action Taken: Approved.

New Business

1. Ordinance Introduction ( Unanimous consent required):

Hodges moves to introduce an ordinance amending Chapter 2 of the Minneapolis City Charter relating to Elections, adding a new Section 5C entitled "Primary Elections," as referred from the Minneapolis Charter Commission on May 6, 2009, for first reading and referral to the Intergovernmental Relations Committee for a public hearing on June 9, 2009 at 9:30 a.m. (reinstating the City's primary election in the event that the Minnesota Supreme Court rules against the city in the case of Minnesota Voters Alliance, et al. v. City of Minneapolis, et al., or in the event that the City Council declares, via ordinance, that it is not ready to conduct an IRV election in 2009 pursuant to Charter Chapter 2, Section 5B).

Action Taken: Referred to Intergovernmental Relations Committee.

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 4/24/2009: Postponed).

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 4/24/2009: Postponed).

Action Taken: Postponed.

Announcements

Adjournment to Room 315, City Hall, for the purpose of discussing the matters of
a) Youna Vang Lee, as next of kin of Fong Lee v. City of Minneapolis, et al; and
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.

Action Taken: a) No action taken; b) 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: 5/22/2009
City Clerk e-mail: councilcommitteecoordinators@minneapolismn.gov
Minneapolis Web Page: MinneapolisMN.gov

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Last updated Apr 9, 2012