Minneapolis City Council Agenda

Friday, November 13, 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, Colvin Roy and Hodges
Absent: Council Member Remington
(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 Regular Meeting of October 30, 2009 and the Special Meeting of November 6, 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 - No reports

Health, Energy & Environment - No reports

Intergovernmental Relations

1. Federal Representation Services:

Authorize extension of contract with Patton Boggs, LLP for continued services, to 9/30/2011.

Action Taken: Approved.

Public Safety & Regulatory Services

1. Subo Experience (89 S 10th St):

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

Action Taken: Approved.

2. Liquor, Wine and Beer Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

3. Business Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

4. Gambling Licenses:

Passage of Resolution granting applications.

Action Taken: Approved.

5. Bombay Bistro (820 Marquette Av):

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

Action Taken: Approved.

6. T's Place (614 19th Av S):

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

Action Taken: Approved.

7. Jasmine Deli (2532 Nicollet Av S):

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

Action Taken: Approved.

8. Stub & Herbs (227 Oak St SE):

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

Action Taken: Approved.

9. Domestic Violence Intervention Initiative:

Authorize provide no cost kenneling (up to 5 days) and care of pets involved in a domestic violence situation identified by the Police Department.

Action Taken: Approved.

10. Animal Cruelty:

Passage of Ordinance amending Title 4, Chapter 64 of the Minneapolis Code of Ordinances relating to Animals and Fowl: Dogs, Cats, Ferrets, and Rabbits, adding a new section on animal cruelty; and Passage of Resolution amending the Schedule of Civil Fines for Administrative Offenses to add a $500 citation for less serious animal cruelty cases.

Action Taken: Approved.

11. Wine Licenses:

Passage of Ordinance amending Title 14, Chapter 363 of the Minneapolis Code of Ordinances relating to Liquor and Beer: Wine Licenses, allowing restaurants that hold a wine license and have at least 25 seats to offer both Class D and Class E entertainment.

Action Taken: Approved.

12. Licenses:

Passage of the following Ordinances amending Title 10 of the Minneapolis Code of Ordinances relating to Food Code, 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: Approved.

13. Licenses:

Passage of the following Ordinances amending Title 11 of the Minneapolis Code of Ordinances relating to Health and Sanitation, 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: Approved.

14. Licenses:

Passage of Ordinance amending Title 13, Chapter 259 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations: In General, streamlining and standardizing license renewal references, and clarifying license and permit renewals, license duration, application process and requiring compliance and posting of conditions.

Action Taken: Approved.

15. Licenses:

Passage of Ordinance amending Title 13, Chapter 261 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations: License Fees Generally, streamlining and standardizing license renewal references, and 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.

Action Taken: Approved.

16. Licenses:

Passage of the following Ordinances amending Title 13 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations, streamlining and standardizing license renewal references:
a. Chapter 265 relating to Special Permits for Specific Businesses and Uses.
b. Chapter 266 relating to Rental Halls.
c. Chapter 267 relating to Amusements.
d. Chapter 269 relating to Asphalt Shingle and Roofing Material Manufacture.
e. Chapter 271 relating to Auctions and Auctioneers.
f. Chapter 272 relating to Resin Manufacturing.
g. Chapter 277 relating to Building Trades Licenses.
h. Chapter 278 relating to Heating, Ventilating and Air Conditioning, Gasfitting, Oil, Plumber/Gas Fitter, Refrigeration and Steam and Hot Water Installers.
i. Chapter 279 relating to Christmas Tree Dealers.
j. Chapter 281 relating to Tobacco Dealers.
k. Chapter 283 relating to Courtesy Benches.
l. Chapter 285 relating to Dancing Schools.
m. Chapter 287 relating to Filling Stations and Bulk Oil Plants.
n. Chapter 289 relating to Fire Extinguisher Sales and Service.
o. Chapter 291 relating to Fuel Dealers.

p. Chapter 295 relating to Groceterias and Portable Stores.

q. Chapter 296 relating to Hospitals.

r. Chapter 297 relating to Hotels.

s. Chapter 297A relating to Bed and Breakfast Facilities.

t. Chapter 299 relating to Ice Sale and Manufacture.

u. Chapter 301 relating to Laundries and Dry Cleaning Establishments.
v. Chapter 303 relating to Horse and Carriage Livery Services.
w. Chapter 304 relating to Hoofed and/or Small Animal Service.
x. Chapter 305 relating to Pedicabs.
y. Chapter 307 relating to Valet Parking.
z. Chapter 311 relating to Motor Scooter Leasing.
aa. Chapter 313 relating to Motor Vehicle Dealers.
bb. Chapter 315 relating to Motor Vehicle Lubricant Dealers.
cc. Chapter 317 relating to Motor Vehicle Repair Garages.
dd. Chapter 319 relating to Open Air Motor Vehicle Parking Lots.
ee. Chapter 320 relating to Vehicle Immobilization Service.
ff. Chapter 321 relating to Secondhand Dealers.
gg. Chapter 322 relating to Precious Metal Dealers.
hh. Chapter 324 relating to Pawnbrokers.
ii. Chapter 325 relating to Pest Control.
jj. Chapter 331 relating to Sidewalk Flower Cart Vendors.
kk. Chapter 333 relating to Solicitors.
ll. Chapter 335 relating to Street Photographers.
mm. Chapter 339 relating to Body Art Code.
nn. Chapter 341 relating to Taxicabs.
oo. Chapter 343 relating to Transient Merchants.
pp. Chapter 347 relating to Tree Servicing.
qq. Chapter 348 relating to Used Motor Vehicle Parts Dealer.
rr. Chapter 349 relating to Wreckers and Tow Trucks.
ss. Chapter 350 relating to Recycling Activities and Salvage Yards.

Action Taken: Approved.

17. Licenses:

Passage of the following Ordinances amending Title 14 of the Minneapolis Code of Ordinances relating to Liquor and Beer, 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: Approved.

18. Licenses:

Passage of Ordinance amending Appendix J of the Minneapolis Code of Ordinances relating to License Fees Schedule, eliminating references to specific ordinance sections and referencing only the titles to avoid repeat modifications of Appendix J over time.

Action Taken: Approved.

19. Rental Dwelling License at 3225 Humboldt Av N:

Revoke license held by Kevin Grohs and Dawn Reinke.

Action Taken: Approved.

20. Rental Dwelling Licenses at 3940 4th Av S; 3325 5th Av S; 1716 26th Av N; 3607 Bryant Av N; 3811 Humboldt Av N; 2222 McNair Av N; 2621 Oak Park Av N; 3459 Oliver Av N; 1518 Park Av; 1819 Queen Av N; 2911 Sheridan Av N; and 1639 Washburn Av N:

Revoke licenses held by Gregge K. Johnson and Five Star General Construction.

Action Taken: Approved

Referred Report to Ways & Means/Budget

21. Bid for Demolition of Eight Structures:

OP #7207, accept low responsive bid of Buberl Recycling and Composting Inc for demolition of structures for Regulatory Services.

Action Taken: All bids rejected; Referred 3121 Columbus Av back to PS&RS Committee; Staff authorized to rebid remaining seven properties.

Transportation & Public Works

1. Water and Sewer Service Line Repairs:

Passage of Resolution adopting and levying assessments for water and sewer service line repairs. (9 votes)
Early signature by Mayor requested.

Action Taken: Approved, as amended.

2. Areaway Abandonment and Removal:

Passage of Resolution adopting special assessments for the areaway abandonment and removal in the West Lake Street and the Lyndale Ave S Reconstruction Projects for the benefited property located at 821 Lake St W, in the amount of $452.23. (9 votes)
Early signature by Mayor requested.

Action Taken: Approved.

3. Hiawatha LRT:

Authorize execution of agreement with the Metropolitan Council related to the operations and maintenance of the Hiawatha Corridor Light Rail Transit Project.

Action Taken: Approved.

4. Downtown Business Improvement District Professional Services Contract:

a) Authorize negotiation and execution of a contract amendment with the Minneapolis Downtown Improvement District for the provision of operations, cleaning, and maintenance services for the Marquette and 2nd Ave bus shelters and real time devices; and
b) Authorize negotiation and execution of an interagency agreement with Metro Transit for the funding for the operations, cleaning, and maintenance of the bus shelters and real time devices.

Action Taken: Approved.

5. 2009 Levy of Public Works Department Special Assessments:

Passage of Resolution adopting and levying special assessments upon the benefited properties for various Public Works Department special assessments. (9 votes)
Early signature by Mayor requested.

Action Taken: Approved.

6. Nongovernmental Tax Exempt Parcel Street Light Operations Fee Assessment:

a) Authorize removal from the assessment rolls of all properties owned by cemeteries;
b) Sent forward without recommendation assessments regarding properties owned by railroads; and
c) Adopt and levy the special assessments against the remaining properties on the assessment rolls. (9 votes)
Early signature by Mayor requested.

Action Taken: Approved, as amended.

7. Nongovernmental Tax Exempt Parcel Street Maintenance Assessment:

a) Authorize removal from the assessment rolls of all properties owned by cemeteries;
b) Sent forward without recommendation assessments regarding properties owned by railroads;
c) Approve levy of assessments at one-third (1/3) the present proposed rate beginning on the 2010 tax statements, with staff directed to phase in the assessment to the present proposed rate by equal increases on the 2011 and 2012 tax statements; and
d) Adopt and levy the special assessments against the remaining properties on the assessment rolls. (9 votes)
Early signature by Mayor requested.

Action Taken: Approved, as amended.

Referred Reports to Ways & Means/Budget

8. 35W Crosstown Municipal Agreement:

Authorize negotiation and execution of an amendment to the 35W Crosstown Municipal Agreement with Mn/DOT due to changes in the anticipated scope and cost of the project.

Action Taken: Approved.

9. Minneapolis Economic Recovery Strategy - Camden Bridge Rehabilitation Project:

a) Passage of Resolution accepting $400,000 in funds from Mn/DOT and increasing the appropriation for the Camden Bridge Rehabilitation Project by $400,000; and
b) Passage of Resolution authorizing execution of a Partnership Agreement and a Cooperative Agreement with Mn/DOT for the renovation of the bridge. (9 votes)
Early signature by Mayor requested.

Action Taken: Approved.

10. Marquette Ave S and 2nd Ave S Reconstruction Projects:

a) Passage of Resolution receiving and accepting the final costs for the Marquette and 2nd Ave Reforestation Project, closing the project, and reallocating $200,000 of Net Debt Bonds to the Marquette Ave and 2nd Ave Double Width Transit Lanes Projects;
b) Passage of Resolution requesting concurrence of the Board of Estimate and Taxation in the reallocation of already issued Net Debt Bonds;
c) Authorize amendment to contract with Shafer Contracting to allow for additional work due to changed conditions not provided for in the original scope of the contract; and
d) Authorize the proper City officers to execute a third amendment to the contract for an amount not to exceed $300,000 to ensure the project is completed by the federally mandated deadline of December 31, 2009.

Action Taken: Approved.

11. EPA Amended Agreement for Grant Funds:

a) Authorize acceptance and execution of an amended contract with the Environmental Protection Agency (EPA) in the amount of $1,427,300 for the Combined Sewer Overflow (CSO) Program; and
b) Passage of Resolution increasing the appropriation for the projects. (9 votes)

Action Taken: Approved.

12. Marquette and 2nd Avenue Transit Shelters:

a) Increase contract with Meisinger Construction by $125,000 for shelter construction change orders; and
b) Increase contract with URS Corp by $192,000 for design and field construction management related to the bus shelters.

Action Taken: Approved.

13. Road Maintenance Agreement:

Passage of Resolution authorizing the negotiation and execution of a Road Maintenance Agreement between Hennepin County and the City of Minneapolis, effective January 1, 2010 through December 31, 2012.

Action Taken: Approved.

14. NRG Energy Center Contract Extension:

Authorize the preparation and execution of amendments to two contracts with NRG Energy Center to allow up to two 5-year contract extensions to supply steam/chilled water to the Federal Courthouse and 10th and Hennepin parking ramps.

Action Taken: Approved.

15. Franklin Ave & East River Parkway Intersection Study:

a) Approve the Plan Concept for the intersection of Franklin Ave S and East River Pkwy; and
b) Authorize an amendment to the agreement with Hennepin County to increase cost sharing participation by $13,899.50 for the intersection study and preliminary design.

Action Taken: Approved.

16. Bus Stop Shelters Franchise:

Passage of Ordinance amending Appendix G of the Minneapolis Code of Ordinances relating to Bus Stop Shelters Franchise authorizing an interim franchise extension with CBS Outdoor from November 9, 2009 to April 1, 2010.

Action Taken: Approved.

Ways & Means/Budget

1. Utility Billing Insert:

Approve December utility billing insert providing information about pet licensing and announcing the availability of online pet licensing.

Action Taken: Approved.

2. City Financial Policies:

Authorize amendments to the City’s financial policies eliminating conflicting language and to expand independent board recoupment policy.

Action Taken: Postponed 1 cycle.

3. Target Center Project -General Obligation Tax Increment Refunding Bonds:

Passage of Resolution authorizing the finance officer to accept bids and award bonds in compliance with applicable Minnesota statutes. (9 votes)

Action Taken: Approved.

4. Juvenile Supervision Center:

Approve increase contract amount for The Link, annual amount not-to-exceed $280,000. No additional appropriation required.

Action Taken: Approved.

5. Appointed Position – Access and Outreach Manager:

Approve proposed appointed position allocated to grade 10, 495 points; and Passage of Salary Ordinance approving annual salary, effective November 4, 2009.

Action Taken: Approved.

6. Sales and Marketing Services:

Approve execution of a five year contract with Meet Minneapolis for sales and marketing services for the City and the Minneapolis Convention Center.

Action Taken: Approved.

7. Minneapolis Convention Center:

Approve expenditure of $71,000 to Clean Response, Inc. for water damage clean-up and mold mitigation measures following the August 2009 storm damage.

Action Taken: Approved.

8. Minneapolis Convention Center - Bid:

OP #7203, accept low bid of Pro-Tec Design, Inc., in the amount of $590,000, for a closed circuit television security system.

Early Signature by Mayor Requested.

Action Taken: Approved.

9. Meet Minneapolis / iDSS:

Authorize execution of documents releasing the City’s claim on software as partial security for loans to Meet Minneapolis relating to iDSS.

Action Taken: Approved.

10. Detox Van:

Approve execution of a multi-year contract with Hennepin County to provide police detox van services (2010 through 2013) for an estimated $177,695 in 2010 and annual costs to be determined subsequently; and Passage of Resolution appropriating funds.

Action Taken: Approved.

Zoning & Planning - No reports

Motions

1. City Payroll:

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

Action Taken: Approved.

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, 10/16/2009, 10/30/2009).

Action Taken: Referred back to PS&RS Committee

2. Kevin & Valerie Holler (4420 Humboldt Avenue N):

Grant appeal subject to conditions from the decision of the City Planning Commission denying applications for a certificate of non-conforming use and a change of non-conforming use to allow for the establishment of a contractor's office in an existing building, and adopt the Findings of Fact prepared by the City Attorney. ( Postponed 10/30/2009).

Action Taken: Approved, as amended to deny appeal.

New Business

1. Ordinance Introduction ( Unanimous consent required):

Action Taken: Approved.

2. Notice of intent:

Hodges gives notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 2, Chapter 17 of the Minneapolis Code of Ordinances relating to Administration: Finance Department (relating to provisions for internal audit of the financial functions of the City).

3. Trail Legacy Grant (re Ryan Lake Trail):

Passage of Resolution authorizing submittal of a request to the Minnesota Department of Natural Resources for grant funding for Ryan Lake Trail.

Early signature by Mayor requested.

Action Taken: Approved.

Announcements

Adjournment

1. Adjournment to Room 315, City Hall, for the purpose of discussing:
a) Derryl Jenkins v. City of Minneapolis, et al.;
b) Rolando Demetrio Ruiz v. City of Minneapolis, et al.

Action Taken: a) None; b) None.

2. Adjournment to Thursday, November 19, 2009, at 6:05 p.m. in the Council Chamber for the purpose of conducting a public hearing on Levy and 2010 Budget.

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: December 4, 2009
City Clerk e-mail: councilcommitteecoordinators@minneapolismn.gov
Minneapolis Web Page: MinneapolisMN.gov

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Last updated Mar 9, 2012