Minneapolis City Council Agenda

Friday, October 16, 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 and Hodges
Absent: Council Member Colvin Roy
(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.

3. Acceptance of minutes of the special meeting and adjourned session of September 30, 2009 and the regular meeting of October 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.

Claims

1. Claim of James Dale:

Approve payment in the amount of $250 for the claim of James Dale relating to property damage.

Action Taken: Approved.

2. Claim of Irene Duranczyk & Thomas Lonergran:

Approve payment in the amount of $150 for the claim of Irene Duranczyk and Thomas Lonergran relating to property damage.

Action Taken: Approved.

3. Claim of Frankie Graham:

Deny claim of Frankie Graham in the amount of $162 relating to damage to a vehicle.

Action Taken: Approved.

4. Claim of Kelly Meyer:

Deny claim of Kelly Meyer in the amount of $3,179.02 relating to damage to a vehicle.

Action Taken: Approved.

Committee of the Whole - No Reports

Community Development

1. Allina Health System:

Passage of Resolution giving preliminary & final approval to the issuance of bonds as a Joint Issue with the St. Paul Housing & Redevelopment Authority for various health facilities in Minnesota.
Early signature by Mayor requested.

Action Taken: Approved.

2. Fairview Health Services:

Passage of Resolution authorizing execution of various documents amending Series 2008 bonds issued for children's Hospital at Fairview Medical Center.

Action Taken: Approved.

3. Lovell Square Affordable Housing Project Title Registration (re 1115 Humboldt Ave N & 1425-11th Ave N):

Passage of Resolution authorizing the City to file title registration for properties.

Action Taken: Approved.

4. Simpson Housing Services:

Approve 2009 Emergency Shelter Grant funding; Approve transfer of 2008 funds awarded to Salvation Army to Simpson if not needed for Salvation Army window refurbishing.

Action Taken: Approved.

5. Hubbard Broadcasting:

Approve formal termination & release of redevelopment contract by & among the Mpls Community Development Agency, St Croix Partners, LLC, Hubbard & Space Center Enterprises.

Action Taken: Approved.

Referred Report to Ways & Means/Budget

6. Mpls Foreclosure Recovery Rehabilitation Program:

Approve removal of Mpls Urban League as receiver of Neighborhood Stabilization Program (NSP) award; Award funds to NH Housing; Authorize contracts & distribution of remaining funds.

Action Taken: Approved.

Health, Energy & Environment

1. Sustainability Indicators and Targets:

Passage of Resolution amending Resolution 2005R-251 relating to Sustainability Indicators and Approving Revisions to Sustainability Targets.

Action Taken: Approved, as amended.

Referred report to Public Safety & Regulatory Services

2. Emerald Ash Borer:

Passage of Ordinances amending the Minneapolis Code of Ordinances, as follows:
a. Title 15, Chapter 399 relating to Offenses--Miscellaneous: Dutch Elm Disease, amending the Dutch Elm Ordinance to include any invasive tree pest.
b. Title 8, Chapter 160 relating to Consumer Protection: Weights and Measures, regulating the sale, transportation or storage of Elmwood to include Ashwood and other wood infected or infested with an invasive tree pest.
c. Title 13, Chapter 347 relating to Licenses and Business Regulations: Tree Servicing, including under the definition of tree servicing the application of pesticides to trees in the list of services requiring a tree servicing license.

Action Taken: Approved.

Referred report to Ways & Means/Budget

3. Taxpayer Assistance Services:

Accept $28,100 from the Friends of the Medical Skyway Senior Center in State Department of Revenue Grant funds to provide services to low income and disadvantaged Minnesota residents for the 2009 tax season; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

Intergovernmental Relations - No Reports

Public Safety & Regulatory Services

1. Newsracks:

Passage of Ordinance amending Title 17, Chapter 464 of the Minneapolis Code of Ordinances relating to Streets and Sidewalks: Newsracks, implementing voluntary newsrack standards.

Action Taken: Approved.

2. Lake Wine & Cheese (404 W Lake St):

Passage of Resolution granting Off-Sale Liquor License, subject to conditions.

Action Taken: Approved.

3. Vietnam Hong Kong (404 W Broadway):

Passage of Resolution approving Business License Operating Conditions relating to Grocery, Tobacco and Meat Market Licenses.

Action Taken: Approved.

4. Fayo Mart (1120 W Broadway):

Passage of Resolution granting Grocery, Tobacco and Gasoline Filling Station Licenses, subject to conditions.

Action Taken: Approved.

5. Brix Grocery & Meat (915 W Broadway):

Passage of Resolution approving Business License Operating Conditions relating to Grocery, Tobacco and Meat Market Licenses, subject to conditions.

Action Taken: Approved.

6. Broadway Dollar (908 W Broadway):

Passage of Resolution approving Business License Operating Conditions relating to Grocery and Tobacco Licenses, subject to conditions.

Action Taken: Approved.

7. Broadway Winner (626 W Broadway):

Passage of Resolution granting Grocery, Tobacco and Ice Producer Dealer/Wholesale Licenses, subject to conditions.

Action Taken: Approved.

8. Liquor, Wine and Beer Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

9. Business Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

10. Gambling Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

11. Monte Carlo (219 3rd Av N):

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

Action Taken: Approved.

12. Taxicab Licenses:

Issue 45 new licenses to Latino Express; Northstar Taxi; Skybird Taxi; Minneapple Taxi; AAA Taxi; and Ecco Cab.

Action Taken: Approved.

13. Property at 2222 4th St N:

Sent forward without recommendation staff recommendation to rescind order to stay demolition and to authorize demolition of structure.

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

14. Rental Dwelling License at 3639 1st Av S:

Revoke license held by Todd J. Cushman.

Action Taken: Approved.

Referred Report to Ways & Means/Budget

15. COPS Technology Program:

Accept $300,000 and execute contract with United States Department of Justice to purchase additional mobile digital computers for squad cars; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

16. Domestic Violence - Grants to Encourage Arrest Policies Grant Program:

a. Accept $939,954 and execute contract with United States Department of Justice to fund City Attorney staff and domestic violence advocates working with investigators and crime victims in the Police Department's Domestic Assault Unit.
b. Execute contracts with domestic violence advocacy agencies as stated in the grant proposal.
c. Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

17. Minneapolis Economic Recovery Strategy - Strategic Information Center:

Accept tentative award of $330,704 and execute contract with Minnesota Department of Public Safety to establish a Center, in cooperation with St. Paul Police Department, to enhance law enforcement State-wide by providing real time information services to police departments; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

18. Pet Rescue and Resuscitation:

Passage of Resolution authorizing the acceptance of pet rescue materials for the Fire Department. (9 votes)

Action Taken: Approved.

19. Radiological Emergency Preparedness Training:

Accept reimbursement of $1,020.38 from Hennepin County for training; and Passage of Resolution approving appropriation. (9 votes)

Action Taken: Approved.

20. Bid for Demolition of Three Structures:

OP #7199, accept low bid of Buberl Recycling and Composting, Inc, to accomplish demolition of three structures for the Department of Regulatory Services; and Execute contract.

Action Taken: Approved.

Transportation & Public Works

1. Public Sidewalk Repair and Construction Assessments:

Passage of Resolution approving assessments, adopting assessment roll, and directing the transmittal of the assessment roll to the County Auditor. (9 votes)

Action Taken: Approved, as amended.

2. Emergency Operations Training Facility:

Authorize change order to contract with Ebert, Inc., in the amount of $216,060.38, to allow for construction contingencies provided as part of the original project budget. No additional appropriation required.

Action Taken: Approved.

3. Hiawatha Maintenance Facility:

Authorize change order to contract with Twell Environmental, Inc., in the amount of $94,003, to allow for construction contingencies and work not included in the original scope of the project. No additional appropriation required.

Action Taken: Approved.

4. Chicago Ave Reconstruction Project:

Authorize increase of $52,122.82 to contract with Veit and Company, Inc., to allow for construction contingencies provided as part of the original project budget. No additional appropriation required.

Action Taken: Approved.

5. Access Minneapolis: Pedestrian Master Plan:

Approve the Minneapolis Pedestrian Master Plan, as amended.

Action Taken: Approved, as amended.

6. MAC Long Term Comprehensive Plan Update:

Authorize submittal of a letter of comment from the City of Minneapolis to the Metropolitan Airports Commission regarding the MAC Long Term Comprehensive Plan.

Action Taken: Approved.

Referred Reports to Ways & Means/Budget

7. 50th St W and France Ave S Parking Facility:

Passage of Resolution adopting and levying special assessments, adopting the assessment roll, and directing the transmittal of the assessment roll to the County Auditor. (9 votes)

Action Taken: Approved.

8. LynLake Municipal Parking Lot:

Passage of Resolution adopting and levying special assessments, adopting the assessment roll, and directing the transmittal of the assessment roll to the County Auditor. (9 votes)

Action Taken: Approved.

9. Bids:

a) OP 7188, Accept low responsive bid of AIM Electronics, Inc. for 8 variable message signs; and

b) OP 7190, Accept low bid of Diversified Drainage, LLC for paver installation.
Early signature by Mayor requested.

Action Taken: Approved.

Ways & Means/Budget

1. Legal Settlement:

Passage of Resolution approving settlement Symone Taylor v. City of Minneapolis ($15,000).

Action Taken: Approved.

2. Technical support position:

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

Action Taken: Approved.

3. Qwest Master Network Interstate Service Contract:

Authorize the proper City officers to amend contract, including associated Site Agreements to: a) Extend the agreement for 3 years with two one year renewal options; and b) Increase the contract value by $1,900,000.

Action Taken: Approved.

4. Utility Billing Insert:

Approve November utility billing insert providing information about snow plowing, shoveling sidewalks and pats to garbage carts and recycling bins.

Action Taken: Approved.

5. 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)

Action Taken: Approved.

6. 2009 Health Assessment Incentive:

Authorize proper City officers to offer taxable incentives to employees who complete health assessments from January 1, 2009 through November 30, 2009, to be refunded by the BC/BS of Minnesota Tobacco Settlement fund.

Action Taken: Approved.

7. New Horizon Academy:

Authorize execution of an agreement renewing the 10% daycare discount program for City employees.

Action Taken: Approved.

8. Transportation Benefit Plan and Minneflex Plan:

a) Authorize adoption of Transportation Benefit Plan, effective January 1, 2010; amend current contract with OptumHealth Financial Services; and increase contract by $25,000.
b) Authorize amendments to the City of Minneapolis Minneflex Plan.

Action Taken: Approved.

9. Affirmative Action Plan:

Approve updated plan.

Action Taken: Approved.

10. Buy American Resolution:

Passage of Resolution relating to spending of Federal Economic Renewal Grants to the City of Minneapolis.

Action Taken: Approved.

Zoning & Planning

1. Minnesota Ballpark Authority (Part of 3rd Avenue N between 5th and 7th Streets N):

Passage of Resolution vacating the referenced part of a public street.

Action Taken: Approved.

2. Minnesota Ballpark Authority (Parts of Holden Street and 11th Street N):

Passage of Resolution vacating portions of public streets.

Action Taken: Approved.

3. Minnesota Ballpark Authority (Part of 7th Street N between 3rd Avenue N and the BNSF Railroad):

Passage of Resolution vacating the referenced part of a public street.

Action Taken: Approved.

4. Minnesota Ballpark Authority (Part of 10th Street N and 3rd Avenue N):

Passage of Resolution vacating part of the Minnesota Department of Transportation turn-back of the referenced streets as conveyed by quitclaim by MNDoT to Hennepin County that lie within Minnesota Ballpark Authority and Hennepin County properties.

Action Taken: Approved.

5. Cedar Riverside 2nd Addition (1813 3rd Street S):

Passage of Ordinance rezoning the property from C3A to the C2 Neighborhood Corridor Commercial District, retaining the PO Pedestrian Overlay District.

Action Taken: Approved.

6. Minneapolis Brewing Company Addition (1215 Marshall Street NE):

Passage of Ordinance rezoning the property from C1 and R5 to the C1 Neighborhood Commercial District.

Action Taken: Approved.

7. Shree Investments, LLC (2912 Pleasant Avenue S):

Passage of Ordinance rezoning the property from I2 to the R5 Multiple-Family Dwelling District to allow a multiple-family dwelling with four units.

Action Taken: Approved.

8. Medical and Dental Laboratories (Zoning Code Text Amendment):

Passage of Ordinance amending Title 20, Chapter 547of the Minneapolis Code of Ordinances relating to Zoning Code: Office Residence Districts, regarding amending the permitted uses in the Office Residence Districts to allow for medical and dental laboratories.

Action Taken: Approved.

9. First Floor Building Height (Zoning Code Text Amendment):

Passage of Ordinance amending Title 20, Chapter 520 of the Minneapolis Code of Ordinances relating to Zoning Code: Introductory Provisions, regarding revising the definition of story to allow the first story of a building to exceed 14 feet in height.

Action Taken: Approved.

Motions

Resolutions

Unfinished Business

1. 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). (Postponed 10/2/2009)

Action Taken: No action taken

New Business

1. Ordinance Introduction ( Unanimous consent required):

Samuels moves to introduce the subject matter of ordinances amending Title 4, Chapter 64 of the Minneapolis Code of Ordinances relating to Animals and Fowl: Dogs, Cats, Ferrets, and Rabbits, for first reading and referral to the Public Safety & Regulatory Services Committee:
a. Adding a new section on animal cruelty.
b. Providing hearing officers in dangerous and potentially dangerous animal appeals increased authority to impose restrictions; and Requiring the owners of cats as well as dogs to prevent their animals from injuring others whether on or off the owner’s property; and Authorizing Animal Care & Control to require puppies of dangerous and potentially dangerous dogs to be spayed or neutered; and Limiting the number of discounted "sibling" animal licenses per household to two; and Requiring owners of declared animals to immediately report if their declared animal runs away

Action Taken: Referred to PS&RS Committee.

2. Ordinance Introduction ( Unanimous consent required):

Samuels moves to introduce the subject matter of an ordinance amending Title 4, Chapter 70 of the Minneapolis Code of Ordinances relating to Animals and Fowl: Fowl, Pigeons, and Other Small Animals, for first reading and referral to the Public Safety & Regulatory Services Committee (increasing the fees for small animal and multiple animal permits).

Action Taken: Referred to PS&RS Committee.

3. Notice of intent:
Gordon gives notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 14, Chapter 370 of the Minneapolis Code of Ordinances relating to Liquor and Beer: Regulations Involving Minors, (adopting a social host ordinance to discourage underage consumption of alcohol by imposing penalties on those who host events or gatherings where underage persons possess or consume alcohol).

Announcements

Adjournment to Room 315, City Hall, for the purpose of discussing the matter of Nancy Johnson v. City of Minneapolis, et al.

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: October 30, 2009
City Clerk e-mail: councilcommitteecoordinators@minneapolismn.gov
Minneapolis Web Page: MinneapolisMN.gov

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Last updated Mar. 9, 2012