Minneapolis City Council Agenda

Friday, May 22, 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 No. 3.

3. Acceptance of minutes of the regular meeting and the adjourned session of May 8, 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

Referred Report to Ways & Means/Budget

1. Census 2010:

Authorize contract with the Center for Urban and Regional Affairs/University of Minnesota, for Census outreach coordination.

Action Taken: Approved.

Community Development

1. Mpls Economic Recovery Strategy - Augsburg Fairview Academy-Messiah Lutheran Church (2504 Columbus Ave S):

Passage of Resolution granting final approval to issue bonds to refinance first mortgage & finance improvements to facility ( Refer to Mpls Community Development Agency Board of Commissioners

Action Taken: Approved.

2. Mpls Economic Recovery Strategy - Hope Community, Inc (1829-5th Ave S, 616-18 E 2nd St & 1900 & 1914 Portland Ave S):

Passage of Resolution authorizing the execution of various documents to amend Series 2005 bonds, refinancing debt ( Refer to Mpls Community Development Agency Board of Commissioners

Action Taken: Approved.

3. Mpls Economic Recovery Strategy - Plymouth Christian Youth Center (re 2021 W Broadway & 2210 Oliver Ave N):

Passage of Resolution granting preliminary & final approval to issue bonds to refinance debt ( Refer to Mpls Community Development Agency Board of Commissioners

Action Taken: Approved.

4. Mpls Housing Replacement Tax Increment Financing District II:

Passage of Resolution adding 14 parcels to, and deleting 14 parcels from, the TIF District II.

Action Taken: Approved.

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

Approve direction to staff relating to terms of sale of property.

Action Taken: Approved.

6. Tax Credit Assistance Program (TCAP) Draft Implementation Plan:

Approve draft requirements for administration & exchange program funds for the American Recovery & Reinvestment Act.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

7. 2009 Department of Housing & Urban Development Housing Opportunities for Persons with Aids Program Grant:

Approve funding from grant to Metropolitan Council Housing & Redevelopment Authority & Minnesota Aids Project.

Action Taken: Approved.

8. Catalyst Community Partners (re 1200 W Broadway):

Authorize Great Streets Gap Financing Loan for redevelopment of existing building; Passage of Resolution supporting grant request submitted to Hennepin County Housing & Redevelopment Authority.

Action Taken: Approved.

9. Target Center Performance Stage:

Accept low responsive bid of StageRight Corporation for performance stage; Passage of Resolution appropriating funds.

Action Taken: Approved.

10. 3649 - 2nd Ave S Property:

Accept low bid of Ram Construction & Remodeling for renovation of property.

Action Taken: Approved.

Health, Energy & Environment

Referred Reports to Ways & Means/Budget

1. Twin Cities Healthy Start Program:

a. Approve list of agencies recommended for funding for period June 1, 2009 through May 31, 2014.

b. Execute annual contracts with approved list of agencies, with all years of funding contingent upon funds available from the United States Department of Health and Human Services.

c. Approve additional list of agencies recommended as approved but not funded under existing funding caps; and Authorize contract with one or more if funding becomes available.

Action Taken: Approved.

2. Community Development Block Grant Year 35 Funds:

Authorize increase not to exceed amounts for the following contracts reflecting a 2% increase in funding from United States Department of Housing and Urban Development – Catholic Charities; Minnesota International Health Volunteers; Living at Home/Block Nurse Programs (Nokomis, Southeast, Longfellow/Seward); Southside Community Health Services; Greater Minneapolis Council of Churches/Division of Indian Work; Minneapolis Public Schools TAPPP; Centro Cultural Chicano, Inc; Minneapolis Urban League; Lao Family Community of Minnesota, Inc.

Action Taken: Approved.

Intergovernmental Relations - No reports

Public Safety & Regulatory Services

1. Taxicab Meter Fares:

Passage of Ordinance amending Title 13, Chapter 341 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations: Taxicabs, permitting adjustments to the standard taxicab fare rate based upon a comprehensive consumer price index; and establishing the maximum meter fare rates as the rates that were in effect on February 28, 2009, with an automatic adjustment effective October 1, 2010.

Action Taken: Approved.

2. Vacant Commercial Property Registration Program:

Passage of Ordinance amending Title 12, Chapter 249 of the Minneapolis Code of Ordinances relating to Housing: Vacant Dwelling or Building, Nuisance Condition, implementing a Vacant Commercial Property Registration Program.

Action Taken: Approved.

3. Rental Licensing:

Passage of Ordinance amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code, repealing Section 244.1950 entitled Rental dwelling license board of appeals; and shifting 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: Approved.

4. 44 Degrees (2203 44th Av N):

Sent forward without recommendation application for On-Sale Wine Class E License.

Action Taken: Approved, as amended.

5. OM (401 1st Av N):

Grant On-Sale Liquor Class E with Sunday Sales License and State issued 2:00 a.m. permit.

Action Taken: Approved.

6. Palmers Bar (500 Cedar Av):

Sent forward without recommendation application for On-Sale Liquor Class B with Sunday Sales License (upgrade from Class E).

Action Taken: Approved, as amended.

7. Floating World Cafe (2629 E Lake St):

Grant On-Sale Wine Class E with Strong Beer License.

Action Taken: Approved.

8. Main Street Food Market (3653 Chicago Av):

Passage of Resolution granting Grocery License, subject to conditions.

Action Taken: Approved.

9. Sushi Tango (3011 Hennepin Av):

Passage of Resolution granting On-Sale Liquor Class E with Sunday Sales License, subject to conditions.

Action Taken: Approved.

10. Liquor, Wine and Beer Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

11. Business Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

12. Gambling Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

13. Cedar Country Boy (4164 Cedar Av):

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

Action Taken: Approved.

14. 8th Street Grill & Tavern (800 Marquette Av):

Passage of Resolution approving License Settlement Conference recommendations relating to On-Sale Liquor Class C-1 with Sunday Sales License.

Action Taken: Approved.

15. Zipp’s Liquor (2618 E Franklin Av):

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

Action Taken: Approved.

16. Tropic World Foods (3328 E Lake St):

Deny renewal of Grocery License.

Action Taken: Approved.

17. Rental Dwelling License at 2222 Emerson Av N:

Revoke license held by Jason White.

Action Taken: Approved.

18. Rental Dwelling License at 3130 Pillsbury Av S:

Approve license reinstatement to be held by Franklin National Bank, Albert Alexander, Vice President.

Action Taken: Approved.

19. Property at 2321 Fremont Av N:

Adopt findings of Nuisance Condition Process Review Panel to uphold Director’s Order for demolition of property.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

20. Rental Licensing:

PS&RS - Passage of Ordinance amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code, requiring a $450 fee for the inspection of a rental dwelling which has a change of ownership; Approve 5.0 Full-Time Equivalent positions; and Passage of Resolution approving appropriation of $612,000.
W&M/Budget
Housing: Maintenance Code, requiring a $450 fee for the inspection of a rental dwelling which has a change of ownership; Increase Full-Time Equivalent count for Regulatory Services by 3.0; On December 1, 2009, the revenue and expense appropriations for Regulatory Services shall be increased up to $612,000 as warranted by actual revenue collections; Review of receipts shall be on a quarterly basis thereafter; Direct Finance Officer to add 2.0 FTE and warranted expense and revenue increases up to a maximum of $612,000 as soon as, but no earlier than, December 1, 2009.

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

21. Rental Licensing:

Passage of Ordinance amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code,

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

b. including 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.

c. including as a new rental housing licensing standard that failure to notify tenants of mortgage foreclosure or cancellation of a contract for deed may be grounds to revoke the rental license.

d. including a license reinstatement fee of $3,000 when the applicant for reinstatement was the owner of the property when the license or provisional license was denied, revoked or suspended.

Action Taken: Approved.

22. Homeland Security Grant:

Execute amendment #2 to grant agreement with Minnesota Department of Public Safety to extend the grant period for satisfactory completion of the project to prevent, protect against, respond to and recover from terrorist attacks, major disasters and other emergencies.

Action Taken: Approved.

23. Bid for Weed Cutting:

OP #7133, accept low bid of Over the Top Inc to provide weed cutting and related services for a 12 month period beginning in 2009.

Action Taken: Approved.

24. National Association of County and City Health Officials Advance Practice Center Grant:

Extend agreement with Hennepin County to receive $136,489 to proceed with grant activities relating to planning responses to potential threats to food, water and safety during a disaster or public health emergency; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

25. Health Club Memberships for Sworn Personnel:

Issue a Request for Proposals for memberships for sworn employees of the Fire and Police Departments and Park Board Police Department.

Action Taken: Approved.

26. Mobile Health Testing for Fire Department:

Execute amendment #3 to contract with Mobile Health Services, dba Med Compass, to extend contract through December 31, 2011 and increase annual amount not to exceed $73,545.

Action Taken: Approved.

27. Mounted Patrol:

PS&RS – Execute multi-year contract with Horsemen, Inc, for boarding services.
W&M/Budget

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

28. Domestic Violence:

Extend and increase sub-recipient contracts with the Domestic Abuse Project, Casa de Esperanza and Asian Women United of Minnesota related to the grant award from the United States Department of Justice Grants to Encourage Arrest Policies Grant Program.

Action Taken: Approved.

29. Internet Crimes Against Children Task Force:

Execute Joint Powers Agreement with Minnesota Bureau of Criminal Apprehension to participate in task force and accept up to $5,000 for overtime expenses and additional reimbursable travel expenses as approved; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

Taxes

1. 2009 Board of Appeal and Equalization:

Approve 2009 Board of Appeal and Equalization Report.

Action Taken: Approved.

Transportation & Public Works

1. Exemption to Traffic Laws:

Passage of Ordinance amending Title 18, Chapter 466 of Code relating to Traffic Code: In General, to provide an exemption to traffic laws for vehicles working in the street (correcting an inconsistency between state law and city ordinances).

Action Taken: Approved.

2. Transportation Management Organization Executive Committee Appointments:

Approve the appointment of the following members to the TMO Executive Committee, for terms to expire December 31, 2010: Luke Litteken, Julie Reidhead, Bettina Hoye, Robert Lux, and Gena Janetka.

Action Taken: Approved.

3. Edina Art Fair:

Sent forward without recommendation application for a large block event permit for the Edina Art Fair to be held June 4 to June 7, 2009.

Action Taken: Approved, as amended.

Referred Reports to Ways & Means/Budget

4. Marquette and Second Avenue Transit Shelters:

Sent forward without recommendation:

a) Acceptance of low responsive bid of Meisinger Construction Company, Inc. (OP 7143) for an estimated expenditure of $1,583,000 for transit shelters and a prototype for the Marquette and 2nd Avenue UPA Transit Project;
b) Authorize execution of a contract for the project, subject to prototype, operating, and maintenance implications; and
c) Return to the June 2 T&PW Committee with details related to project funding, ownership, operations, and maintenance parameters.

Action Taken: Referred back to Transportation & Public Works Committee.

5. Cedar Lake Trail:

Passage of Resolution authorizing acquisition of temporary construction easements and permanent easements for trail and other transportation-related uses.

Action Taken: Approved.

6. Minneapolis Water Works Stipulation Agreement:

Authorize execution of a Stipulation Agreement with the Minnesota Pollution Control Agency to resolve alleged violations of the National Pollutant Discharge Elimination System/State Disposal System permit maintained by Minneapolis Water Works.

Action Taken: Approved.

7. Victory Memorial Parkway Improvements:

Authorize execution of an agreement between the City, Hennepin County, and the Park Board for roadway improvements on and adjacent to Victory Memorial Pkwy between Xerxes Ave N and Irving Ave N.

Action Taken: Approved.

8. 2009 SAFETEA_LU Submission (2013-2014):

a) Authorize submittal of a series of applications for Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA_LU) funds passed through the state; and b) Commit local funds, per federal requirement, to support the approved projects.

Action Taken: Approved.

9. Bids:

a) OP 7110, Accept low bid of HBM Services, Inc., to furnish janitorial services at the Public Service Center;

b) OP 7124, Accept low bid of Construction Results, to furnish and deliver areaway abandonment;

c) OP 7128, Accept low bid of Kone, Inc., to furnish elevator and escalator maintenance; and

d) OP 7129, Accept low bid of Huls Bros Trucking, Inc. d/b/a Avon AG-Lime, to dispose of water treatment residuals for the Public Works Water Department.

Action Taken: Approved.

Ways & Means/Budget

1. Legal Settlements:

Passage of Resolution approving settlement of the legal claims of a) Michael Maile ($29,500); and b) Blia Xiong ($7,500), Johnny Her ($2,500), and David Her ($2,500).

Action Taken: Approved.

2. LinkedIn Corporation:

Authorize proper City officers to execute a contract with LinkedIn Corporation to utilize LinkedIn’s contract document. No additional appropriation required.

Action Taken: Approved.

3. IBM Corporation:

Approve increase to contract #C-24267A by $350,000 for additional Cognos software licenses and services. No additional appropriation required.

Action Taken: Approved.

4. SPL Integrated Solutions:

Authorize proper City officers to execute a contract with SPL Integrated Solutions to provide professional services and furnish audio/visual equipment for the City’s Emergency Operations and Training Facility. No additional appropriation required.

Action Taken: Approved.

5. Medical Billing Services:

Authorize extending the contract with Alpha Review Corporation for Medical Billing Services for Workers’ Compensation and Departmental Employment Services to September 1, 2009, amount not to exceed $35,000; and Authorize issuance of a Request of Proposal (RFP).

Action Taken: Approved.

6. Appointed Position – Deputy Director, BIS Information Security:

Approve proposed appointed position allocated to grade 13, 590 points; and Passage of Salary Ordinance approving annual salary, effective May 22, 2009.

Action Taken: Approved.

7. International Brotherhood of Electrical Workers, Local #292:

Passage of Resolution approving terms of a 24-month collective bargaining agreement.

Action Taken: Approved.

8. Green Institute Loan Settlement:

Accept settlement of $3,364,912.18 as full payment on the outstanding Section 108 HUD Loan and Delinquency Loan related to the Eco-Enterprise Center; and Passage of Resolution appropriating funds. (9 votes)

Action Taken: Approved.

Zoning & Planning

1. 2426 Plymouth Avenue N:

Deny appeal from the decision of the BOA denying an application for a Certificate of nonconforming use to legally establish a mixed use building with four dwelling units and a commercial tenant space in the R1A district, and adopt staff and supplemental findings.

Action Taken: Approved.

2. Cedar and Lake Shopping Center (3017 Cedar Ave S):

Passage of Ordinance to rezone property to add the TP Transitional Parking Overlay District, to allow for an accessory parking lot, and adopt staff findings.

Action Taken: Approved.

3. Augsburg College (7th Street S between 20th & 21st Aves S):

Passage of Resolution to vacate a segment of a public street adjacent to the subject properties to allow for future improvements on the site and adopt staff findings. (9 votes)

Action Taken: Approved.

4. On-Premise Signs (Zoning Code Text Amendments and Building Code Amendment):

a) Sent forward without recommendation Ordinances amending Title 20 of the Minneapolis Code of Ordinances relating to Zoning Code, (to comprehensively review and revise the current zoning code regulations relating to on-premise signs), as follows:

1) Chapter 520, related to Introductory Provisions,

2) Chapter 543, related to On-Premise Signs, and

3) Chapter 551, related to Overlay.

b) Return Chapters 525, 531, and 535 to author.

c) Sent forward without recommendation Ordinances amending Title 5 of the Minneapolis Code of Ordinances relating to Building Code, as follows:

1) Chapter 95, related to Projections and Encroachments, and

2) Chapter 109, related to Signs and Billboards.

Action Taken: Postponed one cycle.

Resolutions

1. Honorary Resolution:

Resolution declaring June 13, 2009, as a Day to Honor All Vietnam Era Veterans.

Action Taken: Approved.

2. Honorary Resolution:

Resolution declaring Saturday, May 23, 2009, as Pedagogy and Theatre of the Oppressed Day.

Action Taken: Approved.

3. Honorary Resolution:

Resolution honoring Central Weed and Seed.

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 4/24/2009: Postponed; Action Taken 5/8/2009: Postponed).

Action Taken: Approved.

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 5/8/2009: Postponed).

Action Taken: Approved.

New Business

1. Ordinance Introduction ( Unanimous consent required):

Action Taken: Referred to Zoning & Planning Committee.

2. Civil Rights Task Force:

Benson moves passage of a Resolution amending Resolution 2009R-090 entitled "amending the 2009 General Appropriation Resolution by establishing revised 2009 appropriation levels for City department" passed March 12, 2009 by amending footnote "l" to change the date that the Civil Rights Department was directed to report back to the HE&E Committee with the Task Force recommendations on business lines and budget reductions from the June 1st Meeting to the July 6th Meeting.

Action Taken: Approved.

3. Notice of Intent:

Johnson gives notice of intent to introduce at the next regular meeting of the City Council the subject matter of (1) an ordinance pursuant to Charter Chapter 2, Section 5B certifying that the City is not ready to implement Instant Runoff Voting for the 2009 election and including reasons why the City is not ready to implement that method; and (2) an ordinance pursuant to Minn. Stat. Sec. 205.065, Subd. 2, electing to choose nominees for municipal offices by a primary as provided in that section (in the event that the City needs to convert to a statutory primary and general election for 2009).

Announcements

Adjournment

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

2. Adjournment to Tuesday, June 2, 2009, at approximately 2:00 p.m. in the Council Chamber (following the Special Joint Community Development & Ways & Means/Budget Committee meeting) for the purpose of considering approval of the 2008 Consolidated Plan Amendment #3 re application for Community Development Block Grant funds made available under the American Recovery and Reinvestment Act of 2009.

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: 6/12/2009
City Clerk e-mail:
councilcommitteecoordinators@minneapolismn.gov
Minneapolis Web Page: MinneapolisMN.gov

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Last updated Apr. 17, 2012