Minneapolis City Council Agenda

Regular Meeting
June 28, 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 Motions a staff directive related to the Plain Language Charter Revision.

3. Acceptance of minutes of the regular meeting and adjourned session of June 14, 2013 and the adjourned session of June 25, 2013.
Action Taken:  Accepted.

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

REPORTS OF STANDING COMMITTEES

Committee of the Whole

COW agenda of 6/27/2013

 1.  Federal Representation Services:
      a) Motion by Glidden to find under Council Rule 4 that the regular Council cycle is not adequate, and to consider the action of the Committee of the Whole from June 27, 2013 regarding this item at this meeting.
      b) Execute Amendment #1 to Contract with FaegreBD Consulting, in the amount of $120,000, for continued services for a one-year period through June, 2014.
Action Taken:  Adopted.

 2.  Municipal Utility:
      a) Motion by Glidden to find under Council Rule 4 that the regular Council cycle is not adequate, and to consider the action of the Committee of the Whole from June 27, 2013 regarding this item at this meeting.
      b) Set August 1, 2013 at 10:00 a.m. as the date for a public hearing to consider authorizing the establishment of a municipal electrical utility and authorizing the City to own, operate, construct, and extend electric facilities and to purchase and acquire the property of any existing electrical public utility operating within the City of Minneapolis for the purpose of providing electrical and related services.
      c) Set August 1, 2013 at 10:30 a.m. as the date for a public hearing to consider authorizing the establishment of a municipal gas utility and authorizing the City to own, operate, construct, and extend gas and similar facilities and to purchase and acquire the property of any existing gas public utility operating within the City of Minneapolis for the purpose of providing natural gas and similar services.
      d) Direct the City Clerk's office to publish notice of each of these hearings.
      Early signature by Mayor requested.
Action Taken:  Adopted.

Community Development

CD agenda of 6/18/2013

1. 27th & Penn Ave Site (2712, 2718, 2720, 2824, 2800 Penn Ave N):
    Approve granting of exclusive development rights to Alliance Housing Incorporated for five residential parcels for 12 months.
Action Taken:  Adopted.

2. 201 Lowry Ave NE Site:
    Approve transfer of site from First & Fist LLC to 201 Lowry Development, LLC & consent to the assignment & assumption of the redevelopment contract between the City & First & First to 201 Lowry Development, LLC.
Action Taken:  Adopted.

3. 2013 Affordable Housing Incentive Fund:
    Passage of Resolution granting approval for Hennepin County Housing & Redevelopment Authority to provide assistance for projects known as 2600 17th Ave S, Ebenezer Tower Apartments, Greenway Heights Family Housing, Minneapolis Preservation Portfolio, Project: Reclaim 3, Rental: Reclaim V, South Quarter Phase IV and West Broadway Curve.
Action Taken:  Adopted.

4. Minneapolis Workforce Council:
    Confirm Mayoral appointments/reappointments as follows: Laura Beeth, Anahita Cameron, Christopher Ferguson, Steve Gilbertson, Tara Watson, Wendie Palazzo, Elizabeth Campbell, Todd Klingel, Ken Lundquist, Dan McConnell, Tyler Olson and Carlye Peterson;
Approve waiver of residency requirement for Laura Beeth, Anahita Cameron, Christopher Ferguson, Steve Gilbertson, Todd Klingel, Carlye Peterson, Tara Watson and Wendie Palazzo.
Action Taken:  Adopted.

5. Grow North Business Recruitment Incentive Proposal:
    Approve concept & guidelines for recruitment incentive.
Action Taken:  Adopted.

Referred Reports to Ways & Means/Budget Committee 

6. LifeSource (2225 & 2313 W River Rd/70 22nd Ave N):
    Passage of Resolution giving preliminary & final approval to issue bonds to finance new headquarters facility.
Action Taken:  Adopted.

7. Green Homes North Funding Awards:
    a) Approve award of up to $1,059,455 for develop gap funding for construction of 15 green homes on City-owned vacant lots in N Mpls to Artspace Projects, Inc, Greater Metropolitan Housing Corp, PPL Homes, LLC, PRG, Inc and Peyser LLC;
    b) Authorize related agreements with developers;
    c) Passage of Resolutions (5) approving sale of properties at 2500 Plymouth Ave N, 2506 Plymouth Ave N, 2510 Plymouth Ave N, 2426 Plymouth Ave N, 3963 Colfax Ave N, 3830 Colfax Ave N, 3319 Fremont Ave N, 1317 Sheridan Ave N, 3018 4th St N, 3020 4th St N, 329 31st Ave N, 2025 3rd Ave N, 2611 James Ave N, 4150 Upton Ave N and 3858 Sheridan Ave N, subject to conditions, to above developers (9 votes);
    d) Accept $80,000 grant from the Family Housing Fund for the Green Homes North Program and that the proper City officers be authorized to execute an agreement for the grant (9 votes);
    e) Passage of Resolution appropriating grant funds.
Action Taken:  Adopted.

8. Southeast Mpls Industrial Area Redevelopment Project (re Boeser site, 2904 4th St SE):
    Passage of Resolution preserving the right of the City to create a redevelopment tax increment financing district.
Action Taken:  Adopted.

Public Safety, Civil Rights & Health

PSCH agenda of 6/19/2013

Referred Reports to Ways & Means/Budget Committee

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

2. Department of Corrections (DOC):
    Authorize Interchange Agreement with Minnesota Department of Corrections to assign a Minneapolis police officer to work with the DOC Fugitives Apprehension Unit.
Action Taken:  Adopted.

3. Jada Toys, Inc:
    Authorize contract granting Jada Toys permission to produce and market replicas of Minneapolis Police Department patrol vehicles.
Action Taken:  Adopted.

4. Minneapolis SafeZONE Collaborative:
    Passage of Resolution authorizing acceptance of donation of two Segways for use by the Mpls Police Department (9 votes).
Action Taken:  Adopted.

Regulatory, Energy & Environment

RE&E agenda of 6/17/2013

 1.  Minneapolis Climate Action Plan:
      Adopt the Minneapolis Climate Action Plan and direct Sustainability staff to:
      a)  Continue to track community greenhouse gas emissions on an annual basis and report on progress toward goals and the impact of activities that occurred in the previous year;
      b)  Work across departments and with the Community Environmental Advisory Committee to identify climate action strategy priorities and bring policy and funding requests to the City Council on an ongoing basis; and
      c)  Incorporate the goals and, where appropriate, specific strategies from the Climate Action Plan into the Energy Pathways Study and specifically the City Energy Vision which will be developed during that study. 
Action Taken:  Adopted, as amended.

 2.  Xcel Energy Annual Report:
      Authorize submission of comments to the Public Utilities Commission regarding Xcel Energy’s Annual Report, Petition Service Quality Performance, and Smart Grid Report. 
Action Taken:  Adopted.

 3.  Rental Property Licensing Regulations:
      Passage of Ordinance amending Title 12, Chapter 244 of the Code relating to Housing: Maintenance Code, adding a provision to require rental property owners/designees to respond to inquiries from the Department of Regulatory Services or the Environmental Health Division of the Health Department in a reasonable period of time.
Action Taken:  Adopted.

 4.  Liquor, Wine and Beer Licenses:
      Passage of Resolution granting licenses to the following businesses:
      a)  Hilton Minneapolis, 1001 Marquette Ave (Permanent Expansion of Premises);
      b)  Social House, 2919 Hennepin Ave (Permanent Expansion of Premises and upgrade to Liquor License);
      c)  Town Hall Lanes, 5019 34th Ave S (New Business);
      d)  MAYA Cuisine, 1840 Central Ave NE (New Business); and
      e)  Camden Tavern & Grill, 4601 Lyndale Ave N (New Business).
      Early signature by Mayor requested.
Action Taken:  Adopted.

 5.  514 Studios, 514 3rd Ave N:
      Grant application for Rental Hall License.
Action Taken:  Adopted.

 6.  Minneapolis Event Center, 212 2nd St SE:
      Sent forward without recommendation application for Rental Hall License.
Action Taken:  Adopted.

 7.  Chicago Grill BBQ Soul Food, 1123 W Lake St:
      Passage of Resolution approving Business License Operating Conditions relating to Food Manufacturer License.
Action Taken:  Adopted.

 8.  Tacos El Primo, 2717 12th Ave S:
      Passage of Resolution approving License Settlement Conference recommendations relating to Mobile Food Vehicle Vendor License.
Action Taken:  Adopted.

 9.  Liquor, Wine and Beer Licenses:
      Passage of Resolution granting license applications.
Action Taken:  Adopted.

10.  Business Licenses:
       Passage of Resolution granting license applications.
Action Taken:  Adopted.

11.  Gambling Licenses:
       Passage of Resolution granting license applications.
Action Taken:  Adopted.

12.  Lake Street Express, 640 E Lake St:
       a)  Deny application for Extended Hours License to operate 24-hours per day; and
       b)  Adopt Findings of Fact prepared by the City Attorney’s Office to support the Committee’s decision.
Action Taken:  Adopted.

13.  Rental Dwelling License at 1005 19th St E:
       Revoke license held by Abdulaziz Sheikh.
Action Taken:  Adopted.

Referred Report to Ways & Means/Budget

14.  Energy System Pathways Study:
       a)  Authorize agreement with the Center for Energy and Environment for the Energy System Pathways Study, at a cost not to exceed $250,000; and
       b)  Waive any conflict of interest between the City and McGrann Shea and consent and authorize McGrann Shea to perform services as a subcontractor with the Center for Energy and Environment in this matter.
       Early signature by Mayor requested. 
Action Taken:  Adopted.

Transportation & Public Works

T&PW agenda of  6/18/2013

 1.  Car Sharing Pilot Program Expansion:
      Authorize the expansion of the Car Sharing Pilot Program and negotiation of terms for two-year agreements with Hourcar and Zipcar. 
Action Taken:  Adopted.

 2.  Stormwater Management Program and Annual Report:
      Passage of Resolution adopting the Annual National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Stormwater Management Program and Annual Report.
Action Taken:  Adopted.

 3.  50th St W Street Resurfacing Project:
      a)  Passage of Resolution designating the location and improvements proposed to be made in the project; and
      b)  Receive the cost estimate, direct the City Engineer to prepare proposed special assessments against the benefited properties, and set a public hearing to be held on July 23, 2013.
Action Taken:  Adopted.

 4.  Minnesota Food Truck Fair Block Event:
      Approve application for a large block event to be held on Sunday, June 30, 2013 to operate outside the timeframe allowed under ordinance.
Action Taken:  Adopted.

 5.  Brownie Lake Access Agreement:
      Authorize execution of an Access Agreement with the Minneapolis Park and Recreation Board to allow operation and maintenance of the Brownie Lake Sanitary Lift Station.
Action Taken:  Adopted.

 6.  BNSF Temporary Occupancy Permit Agreement:
      Authorize execution of an agreement with Burlington Northern Santa Fe Railway (BNSF) for a temporary occupancy permit to rehabilitate a drain pipe under BNSF and City property.
      Early signature by Mayor requested.
Action Taken:  Adopted.

 7.  Designation of Public Alley:
      Designate the south 16 feet of Lot 9, Block 7, Morrison's Addition to North Minneapolis as a public alley.
Action Taken:  Adopted.

Referred Reports to Ways & Means/Budget

 8.  Nicollet Mall Redesign and Reconstruction:
      a)  Approve the four recommended finalists for the Design Competition Phase of the redesign and reconstruction of Nicollet Mall and approve the issuance of the Design Competition Brief and RFP; and
      b)  Authorize execution of stipend agreements with the four finalists for $30,000 each.
Action Taken:  Adopted.

 9.  Hilltop Water Meter Ownership:
      Authorize amendment to contract with the City of Hilltop for the purpose of changing the ownership of the existing water meter to the City of Minneapolis.
Action Taken:  Adopted.

10.  Cooperative Construction Agreement with MnDOT:
       Passage of Resolution authorizing execution of a Cooperative Construction Agreement with the Minnesota Department of Transportation to provide for payment to the City for the State’s portion of the expenses of signal system revisions on University Ave NE, from Central Ave to 27th Ave NE.
Action Taken:  Adopted.

11.  Bluff Street Trail:
       a)  Passage of Resolution authorizing execution of a License Agreement with the Minneapolis Park and Recreation Board (MPRB) to operate and maintain a portion of the Bluff Street Trail on MPRB property; and
       b)  Passage of Resolution authorizing execution of a Maintenance Agreement with the Minnesota Department of Transportation (MnDOT) to operate and maintain a portion of the trail within MnDOT right-of-way.
Action Taken:  Adopted.

12.  10th Ave SE Mississippi River Bridge:
       Authorize execution of a contract with SRF Consulting Group, Inc for bridge design engineering services for the rehabilitation of the 10th Ave SE River Bridge.
Action Taken:  Adopted.

13.  8th St SE Street Design:
       Authorize execution of a Cooperative Agreement with the University of Minnesota for the design of 8th St SE, from 15th Ave SE east to the dead-end.
Action Taken:  Adopted.

14.  Sabo Bridge Funding Agreement:
       Authorize execution of a Cooperative Funding Agreement with Hennepin County for the remaining work associated with the assessment and repair of the Martin Olav Sabo Bridge over Hiawatha Ave.
Action Taken:  Adopted.

15.  Central Corridor LRT:
       a)  Authorize Subordinate Funding Agreement 22 with the Metropolitan Council for water main work at Ontario St SE and Washington Ave SE; and
        b)  Authorize execution of Federal Fiscal Year 2013 Federal Transit Administration (FTA) Certifications and Assurances for the Central Corridor LRT Project.
Action Taken:  Adopted.

16.  31st St E Street Reconstruction and Street Lighting Projects:
       Passage of Resolutions (5):
       a)  Ordering the work to proceed and adopting special assessments for the projects;
       b)   Requesting the Board of Estimate and Taxation to sell assessment bonds for the projects; and
       c)   Ordering the City Engineer to abandon and remove areaways located in the public right-of-way in conflict with the projects. (9 votes)
Action Taken:  Adopted.

17.  46th St W Street Reconstruction Project:
       Passage of Resolutions (3):
       a)  Ordering the work to proceed and adopting special assessments for the project;
       b)  Requesting the Board of Estimate and Taxation to sell assessment bonds for the project; and
       c)  Ordering the City Engineer to abandon and remove areaways located in the public right-of-way in conflict with the project. (9 votes) 
Action Taken:  Adopted.

18.  Bids:
       a)  OP 7784, Accept low bid of Municipal Builders, Inc for the Fridley Filter Plant Split Project for the Water Distribution and Treatment Division;
       b)  OP 7786, Accept low responsive bid of Kafka Granite, LLC for red aggregate to the Paving Division as needed through March 31, 2014;
       c)  OP 7802, Accept low bid of IPR Northeast, LLC for cleaning and CIPP lining of 16" cast iron drain; and
       d)  OP 7814, Accept low bid of Electrical Installation and Maintenance for the Avenue of the Arts bridge poles and fixtures.
      Early signature by Mayor requested (Items 18 c & 18d).
Action Taken:  Adopted.

Ways & Means/Budget

W&M/Budget agenda of 6/25/2013

 1.  Utility Bill Insert:
      Approve insert for August 2013 on behalf of Finance & Property Services regarding local use tax obligations on purchases made outside the city.
Action Taken:  Adopted.

 2.  Billboard Display Time Donation:
      Passage of Resolution accepting donated digital billboard space from Clear Channel Outdoor for the purpose of communicating Snow Emergency information and to promote One Minneapolis One Read.
Action Taken:  Adopted.

 3.  Bids:
      a)  OP 7800, Accept low bids for estimated expenditures as indicated below, for the Minneapolis Target Center Concessions:
            1) Construction Results Corporation in the amount of $379,386;
            2) CD Tile and Stone, Inc. in the amount of $145,500;
            3) Kirk Acoustics in the amount of $20,600;
            4) Sunrise Painting and Wallcovering, Inc. in the amount of $29,900;
            5) Northland Mechanical Contractors, Inc. in the amount of $239,374; and
            6) Elliot Contracting Corporation in the amount $117,564.62.
      b)  OP 7810, Accept low bid of Parsons Electric, LLC, for an estimated expenditure of $642,516, to furnish and install an operable floor at the Minneapolis Target Center.
      Early signature by Mayor requested.
Action Taken:  Adopted.

 4.  Eide Bailly Contract:
      Authorize contract to provide COBRA and State continuation and billing services.
Action Taken:  Adopted.

 5.  Telecommunication Services Request for Proposals:
      Authorize issuance of an RFP for telecommunication (voice and data) services.
Action Taken:  Adopted.

 6.  Environmental Systems Research Institute Contract:
      Authorize a) execution of contract for professional services with a one year term in an amount not to exceed $575,000, using Environmental Systems Research Institute's contract agreement form; b) customize the liability terms and conditions; and c) customize contract language regarding Esri personnel performing services.
Action Taken:  Adopted.

 7.  Collective Bargaining Agreement:
      Passage of Resolution authorizing execution of collective bargaining agreement between the City of Minneapolis and International Union of the Operating Engineers Local No. 70, AFL-CIO - Stationary Engineers Unit.
Action Taken:  Adopted.

 8.  Minneapolis Television Network Board Appointments:
      Concur in the appointment by Council President Johnson and Mayor Rybak of Anita Davis to a term running through January 15, 2016, and Sent forward without recommendation the appointment of either Dave Anton (Ward 12) or Kasey Kollross (Ward 7) to fill the balance of a term for a Council appointed seat also running through January 15, 2016.  
Action Taken:  Adopted, as amended to approve the appointment of Dave Anton.

Zoning & Planning

Z&P agenda of 6/20/2013 

 1.  1915 Fremont Ave S:
       Deny petition by Peter Frenz to rezone the property from R2B to the R3 Multiple-family District to allow the conversion of an existing duplex into a triplex. (Ward 7).
Action Taken:  Adopted.

 2.  815 14th Ave SE:
      Passage of Ordinance rezoning the property from I1 to the R5 Multiple-family District to allow construction of a 5-story, mixed use building with 36 dwelling units.
Action Taken:  Adopted.

 3.  East Village Alternative Urban Areawide Review Order:
      Adopt the final AUAR order for the East Village development which will analyze two proposed development scenarios in the area that includes a five-block area in downtown Minneapolis, with three blocks bounded by South 3rd Street, 5th Avenue South, South 4th Street, and Chicago Avenue South; and the additional two blocks bounded by South 4th Street, 5th Avenue South, South 5th Street, and Park Avenue South.
Action Taken:  Adopted.

 4.  Five15 On the Park Project  EAW (formerly Currie Park Lofts) (1500, 1506 & 1514 6th St N; 1500, 1501, 1506, 1507 & 1515 5th St S; and 1505 & 1509 4th St S):
      Approve staff recommendation to make the recommended findings that the EAW is adequate and not require the preparation of an Environmental Impact Statement (EIS)  for this project.
Action Taken:  Adopted.

 5.  Five15 On the Park (formerly Currie Park Lofts) (1500, 1506 & 1514 6th St N; 1500, 1501, 1506, 1507 & 1515 5th St S; and 1505 4th St S):
      Deny appeal filed by Mohamed Abdullahi from the decision of the Planning Commission granting the following land use applications:
      a) Conditional use permit for Phase I of a two-phase Planned Unit Development with an alternative request for yards;
      b) Variance of the interior/rear yard setbacks along the north property lines;
      c) Variance of the interior/rear yard setbacks along the east property lines;
      d) Variance to allow a child care center in excess of 2,000 square feet at approximately 3,000 square feet;
      e) Variance of the Pedestrian-Oriented Overlay District standards pertaining to curb cut width from 20 feet to 24 feet;
      f) Variance of the loading requirement to allow one small loading space; 
      g) Site Plan Review for a new six-story mixed-use development that includes 260 dwelling units with a total of 271 bedrooms and approximately 6,000 square feet of ground level neighborhood-serving retail spaces; and
      h) Preliminary plat for the subject properties.     
Action Taken:  Adopted.

Report from the Audit Committee

Motions

 1.  Amos Deinard Residence, 1729 Morgan Ave S:
      Motion by Goodman to direct the Planning Director to prepare necessary documentation to bring nomination of the Amos Deinard Residence forward to the Heritage Preservation Commission and to establish interim historic protection.
Action Taken:  Adopted.

 2.  Plain Language Charter:
      Motion by Hofstede to direct the City Attorney and City Clerk to:
      a) Provide an analysis and overview of the proposed Plain Language Charter Revision to the Committee of the Whole/Intergovernmental Relations Subcommittee at its regular meeting on July 18, 2013; and
      b) Develop a voter education plan to inform voters about the Plain Language Charter Revision as a ballot question for the November 5 General Municipal Election.
Action Taken:  Adopted.

Resolutions

 1.  Honorary Resolution:
      Passage of Resolution Honoring Retiring Elementary Teacher Bessie G. Griffin.
       Honorary Resolution
Action Taken:  Adopted.

Unfinished Business

 1.  Ordinance Introduction:  
      Pursuant to notice on June 14, 2013, Reich moves to introduce the subject matter of the following ordinances amending Title 20 of the Minneapolis Code of Ordinances relating to Zoning Code, for first reading and referral to the Zoning & Planning Committee (revising standards for sports and health facilities):
      a) Chapter 520 related to Zoning Code: Introductory Provisions.
      b) Chapter 536 related to Zoning Code: Specific Development Standards.
      c) Chapter 548 related to Zoning Code: Commercial Districts.
      d) Chapter 550 related to Zoning Code: Industrial Districts.
      e) Chapter 551 related to Zoning Code: Overlay Districts.
Action Taken:  Referred to the Zoning & Planning Committee.

 2.  Ordinance Introduction:
      Pursuant to notice on June 14, 2013, Schiff moves to introduce the subject matter of the following ordinances amending Title 20 of the Minneapolis Code of Ordinances relating to Zoning Code, for first reading and referral to the Zoning & Planning Committee (amending residential density standards):
      a) Chapter 520 related to Zoning Code: Introductory Provisions.
      b) Chapter 527 related to Zoning Code: Planning Unit Development.
      c) Chapter 546 related to Zoning Code: Residence Districts.
      d) Chapter 547 related to Zoning Code: Office Residence Districts.
      e) Chapter 548 related to Zoning Code: Commercial Districts.
      f)  Chapter 551 related to Zoning Code: Overlay Districts.
Action Taken:  Referred to the Zoning & Planning Committee.

 3.  Ordinance Introduction:
      Pursuant to notice on June 14, 2013, Goodman moves to introduce the subject matter of an ordinance amending Title 20, Chapter 535 of the Minneapolis Code of Ordinances relating to Zoning Code:  Regulations of General Applicability, for first reading and referral to the Zoning & Planning Committee (revising standards for solar energy systems). 
Action Taken:  Referred to the Zoning & Planning Committee.

New Business

 1.  2013 Municipal Election:
      Motion by Gordon to authorize execution of a one-year contact, with the possibility of extending the contract for up to three years, with Freeman, Craft, McGregor Group, Inc., a Florida corporation, to conduct an audit of the hardware, firmware, software and processes to be used for the 2013 Ranked Choice Voting election.
      Staff Report:  2013 Municipal Election RCA; 2013 Municipal Election Draft Contract
Action Taken:  Adopted.

 2.  Police Department Bomb Disposal Unit:
      Motion by Samuels to authorize acceptance of grant funds, in the amount of $8,713.99, and execute a grant agreement with Minnesota Homeland Security and Emergency Management to provide funding for equipment; and Passage of Resolution approving appropriation. (9 votes)
      Staff Report: 
Bomb Disposal Unit RCA
Action Taken:  Adopted.

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: Friday, July 19, 2013

City Clerk email: councilcommitteecoordinators@minneapolismn.gov

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Last updated Jun 28, 2013