Minneapolis City Council Agenda

Friday, October 2, 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, Majority Leader Benson, Minority Leader Gordon, Council Members Ostrow, Hofstede, Samuels, Goodman, Glidden, Schiff, Remington, Colvin Roy and Hodges
Absent: Vice President Lilligren

(Majority vote of all members, 7; 2/3 vote of all members, 9)

1. Roll call. 12-0

2. Adoption of the agenda.

Action Taken: Adopted, as amended to add Motion #2.

3. Acceptance of minutes of the regular meeting and the adjourned session of September 18, 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 - no reports

Community Development

1. Lyndale Salem Green Limited Partnership (re Lyndale Green project, Lyndale Ave & 28th St):

Passage of Resolution giving preliminary approval to issue bonds for multi-family rental housing project. (9 votes)

Action Taken: Approved.

2. Land Sale (2400,2401, 2415, 2417 & 2419 Bloomington Ave S):

Passage of Resolution authorizing sale of properties to joint partnership of American Indian Community Development Corporation & CommonBond Communities. (9 votes)

Action Taken: Approved.

3. Land Sale (portion of 2304 Snelling Ave S):

Passage of Resolution authorizing sale of property to Project for Pride in Living, Inc. (9 votes)

Action Taken: Approved.

4. Year 2010 Federal Low Income Housing Tax Credits:

Approve preliminary reservation of credits for Clare Midtown & PPL Near North projects.

Action Taken: Approved.

Referred Report from Health, Energy & Environment

5. Hydrothermal Engineering Feasibility Study (re East Bank Energy Center):

Authorize loan agreement with Schafer-Richardson Real Estate to provide loan funding for study & to execute letters in support of funding applications for the East Bank Energy Center.

Action Taken: Approved.

Referred Report to Ways & Means/Budget

6. Affordable Housing Production Goals:

Recommended Goals for for 2009, 2010 & 2011:
Comm Dev

W&M/Budget

Action Taken: Approved Community Development recommendation.

Elections

1. Elections Ordinance:

Passage of Ordinance amending Title 8.5, Chapter 167 of code relating to Elections: Municipal Elections: Rules of Conduct, clarifying definitions and steps to be taken in the counting process and to change typographical errors.

Action Taken: Approved.

Health, Energy & Environment

1. H1N1 Influenza Planning:

Approve Statement of Ethics during a Severe Pandemic.

Action Taken: Approved.

Referred report to Ways & Means/Budget

2. Lead Safe Work Practices Training:

Accept grant award of $20,000 from Minnesota Department of Health to provide training, including classes in Spanish; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

Intergovernmental Relations

1. Minneapolis Sister City Relationships:

Approve revised process & criteria.

Action Taken: Approved.

Public Safety & Regulatory Services

1. Outdoor Areas - Liquor and Beer:

Passage of Ordinance amending Title 14, Chapter 360 of the Minneapolis Code of Ordinances relating to Liquor and Beer: In General, amending the regulation of outdoor areas by deleting the restriction that service be provided to patrons only at tables.

Action Taken: Approved.

2. Temporary Expansion of Premises - Liquor, Wine and Beer Licenses:

Passage of Ordinance amending Title 14, Chapter 362 of the Minneapolis Code of Ordinances relating to Liquor and Beer: Liquor Licenses, increasing the allowable opportunities for on-sale liquor, wine and beer establishments near the University of Minnesota football stadium to temporarily expand their licenses and premises for special events.
Early signature by Mayor requested.

Action Taken: Approved, as amended.

3. Chino Latino (2916 Hennepin Av):

Grant On-Sale Liquor Class C-1 with Sunday Sales License (expansion of premises, and expansion of existing sidewalk cafe area).

Action Taken: Approved.

4. Bootleggers (323 1st Av N):

Grant On-Sale Liquor Class A with Sunday Sales License (expansion of premises for outdoor rear second floor deck area).

Action Taken: Postponed.

5. Music Box Theatre (1407 Nicollet Av):

Passage of Resolution granting On-Sale Wine Class A with Strong Beer License, subject to conditions.
Early signature by Mayor requested.

Action Taken: Approved.

6. Quick Shop (2801 Grand Av S):

Passage of Resolution granting Grocery License, subject to conditions.

Action Taken: Approved.

7. Broadway Winner (626 W Broadway):

Passage of Resolution granting Off-Sale Beer, Grocery, Gasoline Filling Station, and Tobacco Dealer Licenses, subject to conditions.

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

8. Goodsports Bar and Grill (200 W Broadway):

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

Action Taken: Approved.

9. Bar La Grassa (800 Washington Av N):

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

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. Visage (404 3rd Av N):

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

Action Taken: Approved.

14. Rental Dwelling License at 3235 Vincent Av N:

Approve license reinstatement to be held by Megan Baldwin.

Action Taken: Approved.

15. Rental Dwelling License at 1717-19 Dupont Av N:

Revoke license held by Timothy LaCroix.

Action Taken: Approved.

16. Rental Dwelling License at 2712 Penn Av N:

Revoke license held by Ray H. Bolden.

Action Taken: Approved.

17. Rental Dwelling License at 2523 Logan Av N:

Revoke license held by Antonio Holley.

Action Taken: Approved.

18. Rental Dwelling License at 3522 Lyndale Av N:

Revoke license held by Spolinsky D. Jacox.

Action Taken: Approved.

19. Rental Dwelling License at 2125 Aldrich Av N:

Revoke license held by Jeffrey Webster.

Action Taken: Approved.

20. Stop, Drop & Control Blood Pressure Control Program:

Execute agreement with Novartis Pharmaceutical to provide firefighter education related to blood pressure control; and Allow the use of campaign logo on firefighter gear and apparatus.

Action Taken: Approved.

21. Property at 1403 E 26th St:

Authorize demolition.

Action Taken: Approved.

22. Property at 2214 4th Av N:

Authorize demolition.

Action Taken: Approved.

23. Property at 4237 Dupont Av N:

Authorize demolition.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

24. Minnesota Joint Analysis Center:

Accept grant award of $161,000 and execute agreement with Minnesota Homeland Security and Emergency Management for participation in the regional sharing of intelligence information; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

25. DWI Court Grant:

Execute agreement with Fourth Judicial District Court to receive $82,000 for a portion of the implementation of an Adult DWI Court in Hennepin County to fund wages for police officers to participate in the program; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

26. Enhanced Police Coverage at University of Minnesota:

Execute agreement with the University of Minnesota to receive $60,000 to provide enhanced police enforcement primarily in the neighborhoods around the University campus in support of the U of M Police Department; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

27. 35W Bridge:

Authorize Police Department to pay nine law enforcement agencies for their assistance during the collapse of the 35W bridge.

Action Taken: Approved.

28. Minneapolis Economic Recovery Strategy - Forensic Computer Program:

Accept $442,140 and execute agreement with United States Department of Justice to develop a computer forensics analysis function for the investigation of major crimes and asset forfeiture; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

29. Coverdell Forensic Science Improvement Program:

Accept $113,857 and execute agreement with United States Department of Justice to purchase new digital photo mini lab; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

30. Minneapolis Economic Recovery Strategy - Victim Witness Assistance:

Accept $179,532 and execute agreement with Minnesota Department of Public Safety to hire Victim Witness Assistant for two-year period; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

Transportation & Public Works

1. Downtown Business Improvement Special Service District:

Passage of Resolution approving special services, cost estimates, and service charges for 2010, and directing the City Engineer to proceed with the work. (9 votes) Early signature by Mayor requested.

Action Taken: Approved.

2. Chicago-Lake, Bloomington-Lake, and East Lake Special Service Districts:

Passage of Resolution approving special services, cost estimates, and service charges for 2010, and directing the City Engineer to proceed with the work.
(9 votes) Early signature by Mayor requested.

Action Taken: Approved.

3. Critical Traffic and Parking Area:

Passage of Ordinance amending Title 18, Chapter 478 of Code relating to Traffic Code: Parking, Stopping and Standing, by establishing the south side of the 3300 block of Prospect Terrace as Critical Parking Area #30.

Action Taken: Approved.

4. Pump Station No. 4 Renovation:

Approve increase to contract with Madsen-Johnson Corporation, in the estimated amount of $460,145.22, for construction change orders to allow for work not included in the original scope of the contract.

Action Taken: Approved.

5. Dewatering Plant Improvements Project:

Increase scope of services in the engineering services agreement with HDR Engineering, Inc. by $470,000 to allow for work outside the requested scope of the agreement.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

6. Progressive Bicycle Cities Coalition:

a) Passage of Resolution accepting donation from the City of Portland and Mia Birk for travel and related expenses to allow a bicycle delegate to attend the Progressive Bicycle Cities Coalition gathering in Portland, Oregon; and
b) Authorize the proper City officers to designate a Public Works employee to represent the City at the gathering. (9 votes)

Action Taken: Approved.

7. Lease of City-Owned Office Space (709 2nd St S):

a) Rescind Council action of August 8, 2008, executing a six-year lease with Froisatoni, LLC for office space in the Mill Quarter Municipal Parking Ramp, due to tenant forming the corporation under a different name; and
b) Authorize negotiation and execution of a five-year lease, to include renewal options, with Froid Holdings, LLC for office and storage space in the Mill Quarter Ramp.

Action Taken: Approved.

8. Bid:

OP 7176, Accept low bid of W.W. Goetsch Associates, Inc., for submersible sludge pumps for the Water Works Division.

Action Taken: Approved.

Ways & Means/Budget

1. Legal Settlement:

Passage of Resolution approving settlement of the subrogation claim of American Family Insurance Company in the matter of Vang Khang and Yee Moua v. City of Minneapolis ($7,847.37).

Action Taken: Approved.

2. Copiers and Printers:

Authorize donation of unsold devices remaining after City-wide auction to local charitable organizations.

Action Taken: Approved.

3. Public Health (H1N1) Preparedness Grant Funds:

Accept grant award of $313,132 for Public Health Emergency Response from Minnesota Department of Health; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

4. Banking and Trust/Custodial Services:

Execute contracts with the following banks:
a) Wells Fargo Bank; b) US Bank; and c) Dunbar.

Action Taken: Approved.

5. Police Officers’ Federation of Minneapolis:

Passage of Resolution approving the terms of a labor agreement with the Police Officers’ Federation of Minneapolis.

Action Taken: Approved.

Zoning & Planning

1. 4022 1/2 Washington Avenue N:

Deny appeal filed from the decision of the Board of Adjustment upholding the determination of the Zoning Administrator that rock crushing is a permanent use and is therefore not permitted on the property.

Action Taken: Approved.

2. Sherman Associates, Inc. (935 Second Street S):

Approve application for an interim use permit to allow a temporary 20-space accessory surface parking lot on the vacant property, subject to conditions.

Action Taken: Approved.

3. Jon Hornig (2401 Dupont Avenue S):

Deny appeal filed from the decision of the Planning Commission granting applications for a change of nonconforming use from a grocery store to a coffee shop, and a change of non-conforming use from a barber shop/beauty salon to a tattoo and body piercing parlor, subject to conditions, in the R2B Two-Family Residential District.

Action Taken: Approved.

4. The Minneapolis Plan for Sustainable Growth:

Adopt The Minneapolis Plan for Sustainable Growth as the updated comprehensive plan for the City of Minneapolis as authorized by the July 22, 2009, action of the Metropolitan Council, approving the incorporation of the recommended technical comments into the plan, and Passage of Resolution approving the adoption of the plan.

Action Taken: Approved.

5. Minneapolis Arts Commission Appointment:

Approve Council appointment of Alexander Phung (Ward 13) to file the unexpired term of Claire Wilson to run through January 31, 2010.

Action Taken: Approved.

Motions

1. City Payroll:

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

Action Taken: Approved.

2. Assistant City Clerk:

Motion by Johnson to approve detail of Tina Sanz to Assistant Interim City Clerk.
Early signature by Mayor requested.

Action Taken: Approved.

Unfinished Business

1. Stone Arch Phase II (600 Main Street SE):

Sent forward without recommendation appeal from the decision of the Planning Commission denying applications for a) a conditional use permit for 79 dwelling units, b) a conditional use permit to increase the height to 6 stories or 70 feet from 4 stories or 56 feet in the I2 Industrial Overlay District, c) a variance to reduce the minimum lot area per dwelling unit by 30 percent, and d) a site plan review application, all to allow for a 79 unit residential building. (Postponed 9/18/2009)

Action Taken: Denied appeal.

2. Ordinance Introduction:

Pursuant to notice, Ostrow moves to introduce the subject matter of an ordinance amending Appendix H of the Minneapolis Code of Ordinances relating to Minneapolis Cable Communication Franchises for first reading and referral to the Ways & Means/Budget Committee (adopting a new Cable Franchise Agreement between the City of Minneapolis and Comcast).

Action Taken: Referred to W&M Committee

3. Ordinance Introduction:

Pursuant to notice, Schiff moves to introduce the subject matter of an ordinance amending Title 14, Chapter 363 of the Minneapolis Code of Ordinances relating to Liquor and Beer: Wine Licenses, for first reading and referral to the Public Safety & Regulatory Services Committee (amending various sections pertaining to wine licenses and the entertainment that would be allowed).

Action Taken: Referred to PS&RS Committee.

New Business

1. Ordinance Introduction ( Unanimous consent required):

Glidden moves to introduce an ordinance amending Title 10, Chapter 203 of the Minneapolis Code of Ordinances relating to Food Code: Grocery Stores and Specialty Food Stores, for first reading and referral to the Public Safety & Regulatory Services Committee (clarifying the definition of specialty food stores and creating an exemption of requirements for grocery stores located within shopping centers).

Action Taken: Referred to PS&RS Committee.

2. Ordinance Introduction ( Unanimous consent required):

Samuels moves to introduce the subject matter of the following ordinances amending Title 10 of the Minneapolis Code of Ordinances relating to Food Code, for first reading and referral to the Public Safety & Regulatory Services Committee (streamlining and standardizing license renewal references):
a. Chapter 188 relating to Administration and Licensing.
b. Chapter 190 relating to Meat and Meat Products.
c. Chapter 198 relating to Soft Drink Manufacture and Storage.
d. Chapter 200 relating to Milk and Dairy Products.
e. Chapter 201 relating to Public Markets.
f. Chapter 202 relating to Municipal Market.

Action Taken: Referred to PS&RS Committee.

3. Ordinance Introduction ( Unanimous consent required):

Samuels moves to introduce the subject matter of the following ordinances amending Title 11 of the Minneapolis Code of Ordinances relating to Health and Sanitation, for first reading and referral to the Public Safety & Regulatory Services Committee (streamlining and standardizing license renewal references):
a. Chapter 225 relating to Garbage and Refuse.
b. Chapter 231 relating to Public Swimming Pool Code.
c. Chapter 232 relating to Suntanning Facilities.

Action Taken: Referred to PS&RS Committee.

4. Ordinance Introduction ( Unanimous consent required):

Samuels moves to introduce the subject matter of the following Ordinances amending Title 13 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations, for first reading and referral to the Public Safety & Regulatory Services Committee (streamlining and standardizing license renewal references):
a. Chapter 259 relating to In General (clarifying license and permit renewals, license duration, application process and requiring compliance and posting of conditions).
b. Chapter 261 relating to License Fees Generally (providing that license fees under Title 3 Air Pollution and Environmental Protection, Title 4 Animals and Fowl, Title 10 Food Code, Title 11 Health and Sanitation, Title 12 Housing, Title 13 Licenses and Business Regulations and Title 14 Liquor and Beer are as established in Appendix J and combining license reinstatement fees into Chapter 261 ensuring that there is a public hearing when license fees are amended and streamlining late penalties).
c. Chapter 265 relating to Special Permits for Specific Businesses and Uses.
d. Chapter 266 relating to Rental Halls.
e. Chapter 267 relating to Amusements.
f. Chapter 269 relating to Asphalt Shingle and Roofing Material Manufacture.
g. Chapter 271 relating to Auctions and Auctioneers.
h. Chapter 272 relating to Resin Manufacturing.
i. Chapter 277 relating to Building Trades Licenses.
j. Chapter 278 relating to Heating, Ventilating and Air Conditioning, Gasfitting, Oil, Plumber/Gas Fitter, Refrigeration and Steam and Hot Water Installers.
k. Chapter 279 relating to Christmas Tree Dealers.
l. Chapter 281 relating to Tobacco Dealers.
m. Chapter 283 relating to Courtesy Benches.
n. Chapter 285 relating to Dancing Schools.
o. Chapter 287 relating to Filling Stations and Bulk Oil Plants.
p. Chapter 289 relating to Fire Extinguisher Sales and Service.
q. Chapter 291 relating to Fuel Dealers.
r. Chapter 295 relating to Groceterias and Portable Stores.
s. Chapter 296 relating to Hospitals.
t. Chapter 297 relating to Hotels.
u. Chapter 297A relating to Bed and Breakfast Facilities.
v. Chapter 299 relating to Ice Sale and Manufacture.
w. Chapter 301 relating to Laundries and Dry Cleaning Establishments.
x. Chapter 303 relating to Horse and Carriage Livery Services.
y. Chapter 304 relating to Hoofed and/or Small Animal Service.
z. Chapter 305 relating to Pedicabs.
aa. Chapter 307 relating to Valet Parking.
bb. Chapter 311 relating to Motor Scooter Leasing.
cc. Chapter 313 relating to Motor Vehicle Dealers.
dd. Chapter 315 relating to Motor Vehicle Lubricant Dealers.
ee. Chapter 317 relating to Motor Vehicle Repair Garages.
ff. Chapter 319 relating to Open Air Motor VehicleParking Lots.
gg. Chapter 320 relating to Vehicle Immobilization Service.
hh. Chapter 321 relating to Secondhand Dealers.
ii. Chapter 322 relating to Precious Metal Dealers.
jj. Chapter 324 relating to Pawnbrokers.
kk. Chapter 325 relating to Pest Control.
ll. Chapter 331 relating to Sidewalk Flower Cart Vendors.

mm. Chapter 333 relating to Solicitors.
nn. Chapter 335 relating to Street Photographers.
oo. Chapter 339 relating to Body Art Code.
pp. Chapter 341 relating to Taxicabs.
qq. Chapter 343 relating to Transient Merchants.
rr. Chapter 347 relating to Tree Servicing.
ss. Chapter 348 relating to Used Motor Vehicle Parts Dealer.
tt. Chapter 349 relating to Wreckers and Tow Trucks.
uu. Chapter 350 relating to Recycling Activities and Salvage Yards.

Action Taken: Referred to PS&RS Committee.

5. Ordinance Introduction (Unanimous consent required):

Samuels moves to introduce the subject matter of the following Ordinances amending Title 14 of the Minneapolis Code of Ordinances relating to Liquor and Beer, for first reading and referral to the Public Safety & Regulatory Services Committee (streamlining and standardizing license renewal references):
a. Chapter 362 relating to Liquor Licenses.
b. Chapter 363 relating to Wine Licenses.
c. Chapter 366 relating to Beer Licenses.

Action Taken: Referred to PS&RS Committee.

6. Ordinance Introduction (Unanimous consent required):

Samuels moves to introduce the subject matter of an Ordinance amending Appendix J of the Minneapolis Code of Ordinances relating to License Fees Schedule, for first reading and referral to the Public Safety & Regulatory Services Committee (eliminating references to specific ordinance sections and referencing only the titles to avoid repeat modifications of Appendix J over time).

Action Taken: Referred to PS&RS Committee.

7. Ordinance Introduction (Unanimous consent required):

Samuels moves to introduce the subject matter of the following ordinances amending Title 14 of the Minneapolis Code of Ordinances relating to Liquor and Beer, for first reading and referral to the Public Safety & Regulatory Services Committee (clarifying that liquor service between 1 a.m. and 2 a.m. is authorized only for establishments that have obtained a permit from the commissioner of public safety under Minnesota Statute 340A.504, subd. 7, permitting sales after 1 a.m.).

a. Chapter 364 relating to Liquor Regulations
b. Chapter 368 relating to Beer Regulations.

Action Taken: Referred to PS&RS Committee.

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: October 16, 2009
City Clerk e-mail:
councilcommitteecoordinators@minneapolismn.gov
Minneapolis Web Page: MinneapolisMN.gov

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Last updated Mar. 9, 2012