Minneapolis City Council Agenda

Friday, June 12, 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 New Business Item #10, and to delete Unfinished Business Item #2.

3. Acceptance of minutes of the Regular Meeting of May 22, 2009 and the Adjourned Session of June 2, 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. Updated NRP Phase II Capitalization Projections:

Approve issuance of recommendation to the NRP Policy Board to increase the appropriation level of approved Phase 2 Neighborhood Action Plans.

Action Taken: Approved.

Community Development

1. Greater Metropolitan Housing Corporation:

Approve increase in contract; authorize reallocation of remaining uncommitted funds for Code Abatement & Home Repair Loan programs.

Action Taken: Approved.

Referred Report to Ways & Means/Budget

2. Mpls Economic Recovery Strategy/Open Access Technology International, Inc (3660 Technology Dr):

Passage of Resolution giving preliminary approval to the issuance of bonds for purchase, renovation & equipping of facility. (9 votes)

Action Taken: Approved.

Health, Energy & Environment

1. Public Health Emergency Preparedness:

Execute Cooperative Agreement with Metropolitan Airports Commission and the Counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, Washington and the City of Bloomington to authorize a Regional Distribution Node on MAC property of federal stockpiles of medical materials in the event of a public health emergency.

Action Taken: Approved.

Referred reports to Ways & Means/Budget

2. Community Emergency Preparedness:

Accept $5,000 from Greater Twin Cities United Way to provide ten mini-grants of $500 each to community based organizations; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

3. Minneapolis Economic Recovery Strategy – Energy Conservation Block Grant Program:

a) Submit application to United States Department of Energy to support proposed activities; b) Make such modifications as indicated by further guidance by the Department of Energy; c) Execute grant award. (9 votes)

Action Taken: Approved.

4. Solar Photovoltaic Project at the Convention Center:

Adopt action items, dependent upon the status of contracts with EyeOn Energy.
W&M/Budget

Action Taken: Referred back to the Health, Energy & Environment Committee.

Intergovernmental Relations

1. Mpls City Charter:

Forwarded without recommendation Elections, adding a new Section 5C entitled "Primary Elections," 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 instant runoff voting election in 2009 pursuant to City Charter Chapter 2, Section 5B. ( 13 votes)

Action Taken: Not adopted and returned to author.

2. MSP Noise Oversight Committee (NOC):

Passage of Resolution appointing Council Member Hodges as the City's representative, and Merland Otto, City Planner, as an alternate.

Action Taken: Approved.

3. 2010 State Capital Bonding Criteria:

Approve.

Action Taken: Approved.

Public Safety & Regulatory Services

1. The Butcher Block (308 E Hennepin Av):

Grant Sidewalk Cafe License.
Early Signature by Mayor Requested.

Action Taken: Approved.

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

Grant On-Sale Liquor Class A with Sunday Sales License (expansion of premises to allow outdoor seating area on Guthries plaza area near the 2nd St entrance).
Early Signature by Mayor Requested.

Action Taken: Approved.

3. AMP Alarm (815 W University Pkwy, Orem, UT):

Passage of Resolution approving Business License Operating Conditions relating to Solicitor – Company License.

Action Taken: Approved.

4. Minneapolis Gateway Hotel (1330 Industrial Blvd):

Passage of Resolution approving Business License Operating Conditions relating to On-Sale Liquor Class A with Sunday Sales License.

Action Taken: Approved.

5. Varsity Theater (1308 4th St SE):

Passage of Resolution granting On-Sale Liquor Class A with Sunday Sales License (expansion of premises), subject to conditions.

Action Taken: Approved.

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. Absolute Tire & Wheel (220 W Broadway):

Passage of Resolution approving License Settlement Conference recommendations relating to Motor Vehicle Repair Garage License.

Action Taken: Approved.

10. Cup Foods (3759 Chicago Av):

Passage of Resolution approving License Settlement Conference recommendations relating to Grocery License.

Action Taken: Approved.

11. True Thai Restaurant (2627 E Franklin Av):

Passage of Resolution approving License Settlement Conference recommendations relating to On-Sale Wine Class E with Strong Beer License.

Action Taken: Approved.

12. Market Bar-B-Que (1414 Nicollet Av):

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

Action Taken: Approved.

13. Rental Dwelling License at 2406 11th Av S:

Revoke license held by Rodolfo Trujillo.

Action Taken: Approved.

14. Rental Dwelling License at 3128 5th Av S:

Revoke license held by John Spencer.

Action Taken: Approved.

15. Property at 1617 Thomas Pl 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. Bid for Hazardous Tree Removal and Disposal:

OP #7132, accept low bid of Arbor Barber, Inc, for removal and disposal of hazardous trees and branches as directed by Department of Regulatory Services.

Action Taken: Approved.

17. Homeland Security and Management Grant:

Accept grant award of $642,442 to support efforts of Metropolitan Medical Response System; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

18. Homeland Security and Management Grant:

Accept grant award of $1,477,080 as part of Urban Area Security Initiative to enhance Twin Cities regional preparedness by strengthening local response capabilities through planning, operations, equipment, training and exercises; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

Transportation & Public Works

1. Pump Station #4 Renovation - Electrical and Control Engineering Services:

Authorize execution of amendment to contract with Sebesta Blomberg, increasing the maximum billing amount from $216,732 to $274,336, and extending the contract duration to 12/31/2010.

Action Taken: Approved.

2. Pump Station #4 Renovation - Construction Change Orders:

Authorize execution of amendment to contract with Madsen-Johnson Corporation for construction change orders.

Action Taken: Approved.

3. 2009 Alley Resurfacing Program:

Passage of Resolution designating the improvement of alleys in 2009.

Action Taken: Approved.

4. 2009 Alley Resurfacing Program:

a) Receive cost estimate and direct City Engineer to prepare proposed assessments against the benefited properties; and b) Set a public hearing to be held on July 21, 2009.

Action Taken: Approved.

5. 13th Street South Pedestrian Gateway:

Approve final project plans and authorize the issuance of the plans for public bidding.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

6. 44th St W Street Resurfacing Project (France Ave S to Upton Ave S):

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

Action Taken: Approved.

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

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

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

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

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

Action Taken: Approved.

9. Franklin Ave & E River Pkwy Intersection Study and Preliminary Design:

Authorize agreement with Hennepin County for cost participation in a professional engineering services contract.

Action Taken: Approved.

10. Parking Ramp Revenue Control Equipment:

a) Authorize increase in contract with Don Harstad Company for parking ramp revenue control equipment at the Ramp B Parking Facility; and b) Authorize execution of agreements with the State for payment of this improvement.

Action Taken: Approved.

11. Xerxes Ave N Street Renovation Project (Plymouth Ave to McNair Ave):

Passage of Resolution authorizing an increase of $150,000 in the appropriation for the project due to the addition of approximately 300 feet of road surface not previously included in the project.
Early signature by Mayor requested.

Action Taken: Approved.

12. Marquette and Second Ave Transit Shelters - Project Agreement Amendment:

Sent forward without recommendation:

a) Authorize amendment to UPA Subrecipient Agreement with Metropolitan Council to increase the total award amount by $1,900,000 for transit shelters capital costs; and b) Passage of Resolution increasing the appropriation for the project to reflect the increase.

Action Taken: Approved, as amended.

13. Marquette and Second Avenue Transit Shelters - Bid:

Sent forward without recommendation:

Accept low responsive bid of Meisinger Construction Company, Inc. (OP 7143) for transit shelters and a prototype for the Marquette and 2nd Avenue UPA Transit Project.

Action Taken: Approved, as amended.

14. Bid:

OP 7125, Accept low bid of Ebert, Inc., in the amount of $4,197,692, for the construction of the Emergency Operations Facility for the Public Works Property Services Division.

Early signature by Mayor requested.

Action Taken: Approved.

Ways & Means/Budget

1. Software Donation:

Passage of Resolution accepting donation of web-based ethics education software. (9 votes)

Action Taken: Approved.

2. BIS Service Desk:

Authorize proper City officers to amend necessary language and exhibits with the Unisys managed service contract C-25200 to allow great flexibility in answering the City’s calls.

Action Taken: Approved.

3. Unisys 2009 Change Orders:

Approve increase to contract #C-25200 by $500,000 for change order transactions of $50,000 or less, for the remainder of 2009.

Action Taken: Approved.

4. Minneapolis Tap Water Awareness:

a) Passage of Resolution accepting donations; and
b) Authorize proper City officers amend contract C-26372 revising the scope of service to adjust the level of donations to be secured by LaBreche and increasing the contract amount due to donations received for educational purposes. (9 votes)

Action Taken: Approved.

5. Human Resources Information System (HRIS) Upgrade:

a) Approve funding plan; b) Authorize fund transfers from the HR Budget, as needed to implement plan; and c) Passage of Resolution appropriating funds.

Action Taken: Approved.

6. Nicollet Mall 2010 Operating Budget:

Passage of (2) Resolutions approving the 2010 operating budget in the amount of $0 (zero dollars); set the 2009 Nicollet Mall Appropriation to equal the revised budget; and appropriating funds.

Action Taken: Approved.

Zoning & Planning

1. Mark Freund (1019 University Ave SE):

Deny appeal of the decision of the Heritage Preservation Commission denying a Certificate of Appropriateness to allow for the demolition of the Pi Beta Phi Sorority House, a contributing structure to the Greek Letter Chapter House Historic District.

Action Taken: Approved.

2. Mark Freund (1013 and 1019 University Ave SE):

Deny appeal of the decision of the Heritage Preservation Commission denying a Certificate of Appropriateness to allow for the construction of a new 23-unit apartment building.

Action Taken: Approved.

3. Hamoudi Sabri (640 E Lake St):

Passage of Ordinance rezoning the property to the C2 District, to allow for an automobile convenience facility with gas pumps.

Action Taken: Approved.

4. Land Use Application Fees (Zoning Code Text Amendment):

Passage of Ordinances amending Title 20 of the Minneapolis Code of Ordinances relating to Zoning Code, regarding amending land use application, inspection and subdivision fees, as follows:

a) Chapter 525 relating to Administration and Enforcement, and

b) Chapter 598 relating to Land Subdivision.

Action Taken: Approved.

Motions

1. City Payroll:

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

Action Taken: Approved.

Resolutions

1. Honorary Resolution:

Passage of Resolution recognizing June 15, 2009 as World Elder Abuse Awareness Day.

Action Taken: Approved.

2. BIS Application Support Positions (Technical Correction):

Action Taken: Approved.

3. Honorary Resolution:

Passage of Resolution recognizing Police Inspector Robert Skomra for his valuable contributions to the community.

Action Taken: Approved.

4. Honorary Resolution:

Passage of Resolution honoring the Minneapolis Community and Technical College Mavericks Men’s Basketball Team.

Action Taken: Approved.

Unfinished Business

1. 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 (Postponed 5/22/2009; 6/2/2009).

Action Taken: Postponed.

2. Instant Runoff Voting:

Johnson renews notice of intent to introduce 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).

Action Taken: Deleted from the agenda.

New Business

1. 2009 Polling Places:

Passage of Resolution designating polling places for the November 2009 Municipal Election.

Action Taken: Approved, as amended.

2. Ordinance Introduction ( Unanimous consent required):

Action Taken: Approved.

3. Notice of Intent:

4. Notice of Intent:

5. Ordinance Introduction ( Unanimous consent required):

Samuels moves to introduce the subject matter of an ordinance amending Title 14, Chapter 362 of the Minneapolis Code of Ordinances relating to Liquor and Beer: Liquor Licenses, for first reading and referral to the Public Safety & Regulatory Services Committee (amending Section 362.30(e) to permit live solo comedians to perform in On-Sale Liquor Class D establishments).

Action Taken: Approved.

6. Ordinance Introduction ( Unanimous consent required):

Samuels moves to introduce the subject matter of an ordinance amending Title 12, Chapter 249 of the Minneapolis Code of Ordinances relating to Housing: Vacant Dwelling or Building, Nuisance Condition, for first reading and referral to the Public Safety & Regulatory Services Committee (amending Section 249.80(b), Vacant Building Registration, to include a technical correction to add the word "commercial."

Action Taken: Approved.

7. Interim Minneapolis Elections Director Position:

Motion by Glidden to authorize execution of a contract with Patrick O'Connor through 12/31/2009.

Action Taken: Approved.

8. Ranked Choice Voting (RCV) Steering Committee:

Motion by Glidden to approve establishment, to include the City Clerk, City Coordinator, City Attorney, Director of Communications, President of City Council Chair of Elections Committee, and Interim Director of Elections.

Action Taken: Approved.

9. Elections Department Personnel:

Motion by Glidden to authorize the City Clerk to hire temporary personnel as necessary to conduct election in November, 2009, n/w/s the hiring freeze.

Action Taken: Referred to Ways & Means/Budget Committee.

10. Ordinance Introduction ( Unanimous consent required):

Glidden moves to introduce the subject matter of an ordinance amending Title 8.5, Chapter 167 of the Minneapolis Code of Ordinances relating to Municipal Elections: Rules of Conduct, for referral to the Elections Committee (setting primary date for purposes of financial disclosure only pursuant to Minn. Stat. 383B.048).

Action Taken: Approved.

Announcements

Adjournment

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: 6/26/2009
City Clerk e-mail:
councilcommitteecoordinators@minneapolismn.gov
Minneapolis Web Page: MinneapolisMN.gov

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Last updated Mar. 9, 2012