Minneapolis City Council Agenda

Regular Meeting
March 7, 2013
9:30 a.m. - Room 317 City Hall

NOTE: All cellular telephones and electronic devices to be switched to a non-audible function during Council and Committee meetings.

Council President Johnson, Vice President Lilligren, Majority Leader Schiff, Minority Leader Gordon, Council Members Reich, Hofstede, Samuels, Goodman, Glidden, Tuthill, Quincy, Colvin Roy and Hodges
(Majority vote of all members, 7; 2/3 vote of all members, 9)

1. Roll Call.

2. Adoption of the agenda.
Action Taken:  Adopted, as amended, to add under "New Business" a motion relating to settlement in the matter of Ted Haraguchi v. Kimberly Erickson and City of Minneapolis and Hennepin County v. City of Minneapolis.

3. Acceptance of minutes of the regular meeting of February 22, 2013.
Action Taken:  Accepted.

4. Referral of petitions, communications, and reports of the City officers to proper committees and departments.
Action Taken:  Referred.


Committee of the Whole

COW agenda of 2/21/2013

 1.  Violence Against Women Act:
       Approve amendment to City's 2013 Federal Legislative Agenda to include in the Policy Initiative section the re-authorization of the Violence Against Women Act and recommend that the legislation protect all women against domestic or sexual violence.
Action Taken:  Adopted.

 2.  Prevailing Wage Requirements in Contracts on Local Government Projects:
      Approve amendment to City's 2013 State Legislative Agenda to add a bullet to the Municipal Governance: Minneapolis Supports; General Government section to provide for an individual right of action for violations of prevailing wage requirements in contracts on local government projects, similar to the cause of action authorized in state law for violations of the State prevailing wage statute.
Action Taken:  Adopted.

 3.  2013 Minneapolis Board of Appeal and Equalization:
      a) Passage of Resolution establishing the 2013 Board and providing procedures and compensation.
      b) Approve appointment of the following individuals to the 2013 Board for terms to expire April 10, 2013:  Tad Marinac; Jimmy Fogel; Sandy Loescher; and Jeffrey Larson.
Action Taken:  Adopted.

Community Development - No Reports


Elections agenda of 2/27/2013

 1.  Planning and Conduct of Municipal Elections in the City of Minneapolis:
      a) Refer the multi-year funding proposal covering fiscal years 2014 to 2017 to the 2014 budget process.
      b) Direct staff to notify Hennepin County that the City will participate in the County's procurement process for new voting systems and equipment, pending approval by staff and policy makers of the selected vendor.
      c) Direct staff to request clarification from the Secretary of State on the potential impact of State-mandated certification requirements with respect to the processing and tabulation of Ranked Choice Voting ballots.
      d) Authorize the formation of a Polling Place Work Group to participate in an evaluation of the City's polling places and development of a Polling Place Assessment Guide.
      e) Direct staff to report back in May with final recommendations for the 2013 Municipal Election.
      f)  Direct staff to present details and final recommendations in May for the planned 2013 Voter Outreach & Education Campaign.
      g) Direct staff to partner with appropriate language support providers to translate voting materials into alternate (non-English) languages.
      h) Direct staff to update on a plan for targeting outreach resources to precincts with historically lower than average voter turnout, high percentages of communities of color, and that had a larger than average number of ballots that required normalization in 2009.  Further, direct staff to establish a plan for engaging with outside stakeholders in targeted outreach efforts, including reviewing models of engagement utilized in the 2010 Census participation efforts.
      i)  Direct staff to report back with a plan for engaging qualified experts to assist with data collection and analysis, including a study and review of "voter errors".
      j)  Direct staff to draft amendments to Title 8.5, Chapter 167 of the Minneapolis Code of Ordinances relating to Elections:  Municipal Elections: Rules of Conduct, to be introduced by the March 29th City Council Meeting.
Action Taken:  Adopted.

Public Safety, Civil Rights & Health

PSC&H agenda of 2/27/2013

1.  Minnesota Campus Compact:
     Authorize annual site agreements for 2013-2015 with MN Campus Compact to continue as host site for a College Health Corps AmeriCorps VISTA volunteer to work in the School Based Clinic Program.
Action Taken:  Adopted.

2.  Dangerous Animals Ordinances:
     Passage of Ordinances amending Title 4 of the Mpls Code of Ordinances relating to Animals & Fowl, amending & adding provisions regarding declaration requirements for declared animals; appeal hearing procedures; ordinance clarification; restriction period; fees and eliminating the midterm check:
     a)  Chapter 64 relating to Dogs, Cats, Ferrets, and Rabbits; and
     b)  Chapter 66 relating to Rabies Control.
Action Taken:  Adopted.

Referred Reports to Ways & Means/Budget Committee

3.  Hennepin County Criminal Justice Coordinating Committee (CJCC):
     Authorize amendment to agreement with CJCC to extend term to 1/31/2016 with total compensation not to exceed $75,000.
Action Taken:  Adopted.

4.  Animal Care & Control Donations:
     Passage of Resolution accepting in-kind donations of dog & cat food & supplies (9 votes).
Action Taken:  Adopted.

5.  Jail Fees:
     Authorize amendment to contract with Hennepin County Sheriff for fees charged for Police detainees.
Action Taken:  Adopted.

6.  Robert Woods Johnson Foundation Award:
     Accept grant award, $27,000, for Roadmaps to Health award; Passage of Resolution appropriating funds (9 votes).
Action Taken:  Adopted.

Regulatory, Energy & Environment

RE&E agenda of 2/25/2013

 1.  Earth Hour 2013:
      Passage of Resolution supporting Earth Hour 2013.
        Earth Hour Resolution
Action Taken:  Adopted.
 2.  Setting Green City and Green Program Priorities:
      Establish a working group to develop a process for and set priorities relating to: (a) Greening the City enterprise; and (b) City support for green enterprises and green initiatives in the private and not-for-profit sectors, and report back to the RE&E Committee by June 1, 2013.
Action Taken:  Adopted.
 3.  Travel Traders Hotel Stores,1001 Marquette Ave:
Passage of Resolution approving License Settlement Conference recommendations relating to Tobacco Dealer License.
Action Taken:  Adopted.
 4.  Rental Dwelling License at 3623 Queen Ave N:
      Approve reinstatement of license to be held by Arshad Moghul.
Action Taken:  Adopted.
 5.  Liquor Licenses:
Passage of Resolution granting license applications.
Action Taken:  Adopted.
 6.  Business Licenses:
      Passage of Resolution granting license applications.
Action Taken:  Adopted.
 7.  Gambling Licenses:
Passage of Resolution granting license applications.
Action Taken:  Adopted.

Transportation & Public Works 

T&PW agenda of 2/26/2013

 1.  Utility Agreement:
      Authorize negotiation and execution of a Utility Agreement between the City of Minneapolis and 1313 5th STREET MN OWNER, LLC.
Action Taken:  Adopted.

 2.  Mississippi River Trail:
      Passage of Resolution expressing support for the development of the Mississippi River Trail.
Action Taken:  Adopted.

Referred Reports to Ways & Means/Budget

 3.  31st St W, 35th St E, and 38th St W Street Resurfacing Projects:
a)  Passage of Resolution ordering the work to proceed and adopting special assessments for the projects; 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:  Adopted.
 4.  Cleaning and Lining of Cast Iron Water Mains:
      Authorize an amendment to the contract with Heitkamp, Inc. to extend the contract through December 31st, 2014 and increase the contract by $434,543 for the cleaning and lining of cast iron water mains. 
Action Taken:  Adopted.
 5.  The Interchange Project:
      Authorize execution of a Cooperative Funding Agreement with Hennepin County to pay the County an amount not to exceed $500,000 for infrastructure improvements needed for The Interchange Project. Funding was appropriated for the project in the Street Paving Fund and no additional appropriation is required.
Action Taken:  Adopted.
 6.  Northtown Rail Yard Bridge RFP:
      Authorize the issuance of a Request for Proposals for engineering services and construction support for the replacement of the bridge over the Burlington Northern Santa Fe Northtown Rail Yard.
Action Taken:  Adopted.
 7.  Intex Corporation - Contract Amendment:
      Authorize an increase to the contract with Intex Corporation by $72,000 for crushing rubble concrete and rubble asphalt.
Action Taken:  Adopted.
 8.  Bids:
     a)  OP 7754, Accept low bid of Cemstone Products Company to furnish and deliver Ready Mix Concrete as needed through March 31, 2014; and
     b)  OP 7760, Accept low bid of Graymont (WI) LLC to furnish and deliver quick lime to the Water Treatment and Distribution Division.
Action Taken:  Adopted.

Ways & Means/Budget

W&M/Budget agenda of 3/5/2013; Addendum 

 1.   Legal Settlement:
       Passage of Resolution authorizing settlement of Steven F. Meldahl v. City of Minneapolis ($1,750).
Action Taken:  Adopted.

 2.  VAWA Stop Grant:
      Authorize a grant agreement and acceptance of $123,726 from the Minnesota Department of Public Safety Office of Justice Programs providing funding for a) an initiative to develop an "on-call" domestic violence response team; and b) continue a pilot program pairing officers and advocates to perform "knock and talks", and Passage of Resolution approving appropriation. 
Action Taken:  Adopted.

 3.  Statements of Economic Interest:
      Approve the list of City positions subject to the SEI filing requirements.
Action Taken:  Adopted.

 4.  April Utility Billing Insert:
      Approve April 2013 insert on behalf of the Community Planning & Economic Development Department and Minnesota Homeownership Center providing information about foreclosure prevention help.
Action Taken:  Adopted.

 5.  Environmental Remediation Grant Awards:
     a) Accept/approve grant award received by the MN Department of Employment and Economic Development (DEED) Contamination Cleanup and Investigation Grant Program, Metropolitan Council Livable Communities Tax Base Revitalization Account (TBRA) Grant Program and the Hennepin County Environmental Response Fund (ERF), for the following projects:
     DEED (recipient is City of Mpls): 4250 Upton f/k/a Linden Hills, $174,111; The Natural LLC, f/k/a Hobbs BBQ, $151,367; Mill & Main, Phase II, $752,350; Station at Washington, $103,500; Surly Brewing, a/k/a Malcolm Midway Site, $1,000,000; WaHu Student Housing, a/k/a Arby's Site, $460,895; Washburn Center for Children, $130,416;
     TBRA (recipient is City of Mpls): 4250 Upton f/k/a Linden Hills, $75,400; City Place Lofts, $184,600; GAV Development, $44,300; Harris Machinery Site (former), $21,000; Mill & Main, Phase II, $65,200; Surly Brewing, a/k/a Malcolm Midway Site, $545,300; WaHu Student Housing, a/k/a Arby's Site, $324,800;
     ERF (recipient is City of Mpls for all except Sheridan Memorial Park, which recipient is Mpls Park & Recreation Board): 4250 Upton f/k/a Linden Hills, $75,220; City Place Lofts, $75,000; GAV Development, $33,000; Mill & Main, Phase II, $65,205; Surly Brewing, a/k/a Malcolm Midway Site, $450,000; WaHu Student Housing, a/k/a Arby's Site, $82,314; Washburn Center for Children, $150,260;
     b) Passage of Resolution approving budget appropriations;
     c) Authorize grant, subrecipient and/or disbursement & related agreements.
Action Taken:  Adopted.

 6.  Hi Lake Triangle Apartments (2230 E Lake St):
      Passage of Resolution supplementing Resolution 2012R-572 for the issuance, sale, and delivery of Series 2013 Multifamily Housing Entitlement Revenue Bonds.
Action Taken:  Adopted.

 7.  Certified Local Government Grant:
      Authorize acceptance of federal CLG grant administered by the State Historic Preservation Office to revise the City's survey of historic resources, and Passage of Resolution approving appropriation.
Action Taken:  Adopted.

 8.  Bids:
      a) OP 7743, Accept low bid of BD Construction, LLC, for an estimated expenditure of $57,800, for the MPD 4th Precinct Sanitary Sewer Repair; 
      b)  OP 7746, Accept low responsive bid of Terra General Contractors for an estimated expenditure of $262,262, for the Phase III Pioneers and Soldiers Memorial Cemetery Project; and
      c) OP 7748, Accept single bid of StageRight Corporation in the amount of $325,000, to furnish and deliver seating risers for the Target Center.
Action Taken:  Adopted.

 9.  CLIC Appointments:
      Approve appointments to the Capital Long-Range Improvement Committee for terms running January 1, 2013 - December 31, 2014 as follows: by the Council of Kevin Kelly (Ward 1); Theresa Upton (Ward 3); Silvia Magana (Ward 4); William Gullickson, Jr. (Ward 7); Hetal Delal (Ward 8); and Dan Hammer (Ward 11); by the Mayor of Sarah Clarke (Ward 10) and Brittany Lewis (Ward 4); and the Council re-appointment of Brad Pass (Ward 9).
Action Taken:  Adopted.

10.  Police Commander Appointed Classification:
      Approve amendment to the recently established appointed classification of Police Commander, to add the following language to the background information regarding the position: "The title of Police Commander is a sworn title within the Police Department. Persons eligible for appointment are employees holding the rank of sergeant, eligible to test for lieutenant, or higher." 
Action Taken:  Adopted.

11. City Clerk Re-election:
      Approve re-election of Casey Joe Carl as City Clerk for a two-year term.
Action Taken:  Adopted.

Zoning & Planning

Z&P agenda of 2/28/2013

 1.  Appointments to the Zoning Board of Adjustment:
      Approve the following Council appointments for terms through December 31, 2015: Richard Sandberg (Ward 7, re-appointment); and Eric Johannessen (Ward 9, new appointment).
Action Taken:  Adopted.

Report from the Audit Committee


 1.  City Payroll:
      Motion by Hodges that regular payrolls of City employees under Council jurisdiction for the month of April, 2013 be approved and ordered paid.
Action Taken:  Adopted.


 1.  Honorary Resolution:
      Passage of Resolution honoring the Indigenous Mexican Community and Proclaiming Mexica New Year, Ze Kalli, Day in Minneapolis      
         Mexica New Year Resolution
Action Taken:  Adopted.

Unfinished Business

 1.  Ordinance Introduction:
      Pursuant to notice on February 22, 2013, Glidden moves to introduce the subject matter of an ordinance amending Title 20, Chapter 536 of the Minneapolis Code of Ordinances relating to Zoning Code:  Specific Development Standards, for first reading and referral to the Zoning & Planning Committee (allowing small scale production artists to utilize industrial equipment in art making processes).  
Action Taken:  Referred to Zoning & Planning Committee.

New Business

 1. 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 8.5, Chapter 167 of the Minneapolis Code of Ordinances relating to Elections:  Municipal Elections: Rules of Conduct (amending rules of conduct for Municipal Elections in the City of Minneapolis).
Notice Given.

 2.  Ordinance Introduction (Unanimous consent required):
      Goodman moves to introduce the subject matter of an ordinance amending Title 4, Chapter 74 of the Minneapolis Code of Ordinances relating to Animals and Fowl: Miscellaneous Regulations, for first reading and referral to the Public Safety, Civil Rights & Health Committee (amending provisions regulating the keeping of honeybees).
Action Taken:  Referred to Public Safety, Civil Rights & Health Committee.

 3.  Legal Settlement:
      Motion by Hodges to approve settlement in the case of Ted Haraguchi v. Kimberly Erickson and City of Minneapolis ($25,000) and Hennepin County v. City of Minneapolis ($50,000).
Action Taken:  Adopted.



Closed Session

Adjourn to Room 315, City Hall for the purpose of discussing the matter of City of Minneapolis v. CenterPoint Energy, Inc.
Action Taken:  Authorize City Attorney to initiate a lawsuit against CenterPoint Energy for damages to the City arising from the gas explosion that occurred on March 17, 2011 near 60th St and Nicollet Ave S.


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: Friday, March 29, 2013

City Clerk email: [email protected]

Minneapolis Web Page: www.minneapolismn.gov

Attention:  If you need this material in an alternative format please call Ahmed Muhumud at (612) 673-2162 or email [email protected]. Deaf and hard-of-hearing persons may use a relay service to call 311 agents at (612) 673-3000. TTY users may call (612) 673-2157 or (612) 673-2626. 

Attention:  If you have any questions regarding this material please call 311 or (612) 673-2046.
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Last updated Mar 7, 2013



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