Minneapolis City Council Agenda

Regular Meeting
November 12, 2013
9:30 a.m. - Room 317 City Hall

NOTE: All cellular telephones, pagers and BlackBerry 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 unclude under New Business a notice of intent by Council President Johnson.

 3.  Acceptance of minutes of the regular meeting and the adjourned session of November 1, 2013.
Action Taken:  Accepted.

 4.  Referral of petitions and 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 10/31/2013

1.  Power Plants:
     Authorize submit comments to the Minnesota Public Utilities Commission (PUC) urging approval of the petition (Docket No. E-999/CI-93-583 and CI-00-1036) to begin work on updating environmental costs associated with power plants.
Action Taken:   Adopted.

2.  Community Solar Garden Program:
     Authorize submit comments to the Minnesota Public Utilities Commission (PUC) regarding Xcel Energy’s plan for a Community Solar Garden Program (Docket No. E-002/M-13-867)
Action Taken:   Adopted.

COW agenda of 11/8/2013

3.  Target Center Renovation Project:
     Motion by Lilligren to find under Council Rule V, Section 1 (D) that the regular Council cycle is not adequate, and to consider the following action of the Committee of the Whole from November 8, 2013 at this meeting.
     a) Approve the Arena Renovation Project Term Sheet.
     b) Authorize execution of a renovation agreement among the City of Minneapolis, the Minnesota Timberwolves Basketball Limited Partnership and AEG Management TWN, LLC, and related future amendments to the operating and playing agreements, consistent with the term sheet, in connection with the renovation project.
     c) Authorize execution of a rent amendment to the playing agreement, as further described in the term sheet, irrespective of the renovation project.
     d) Appoint Jeff Johnson, Minneapolis Convention Center Executive Director; Chris Larson, Minneapolis Convention Center Facilities Operations; and Steve Mattson, AEG's Target Center General Manager to the "Design Group" for the renovation project.
     e) Designate the Minneapolis Convention Center Executive Director to serve as the City's project manager for the renovation project.
     f) Direct City staff to ensure certain provisions are included in contracts for professional services and for construction during the Target Center Renovation Project and to make regular reports to the City Council regarding the status and progress of the equity and inclusion activities; and Direct staff to engage community partners to identify options for funding workplace development, job training and placement to address employment disparities.
Action Taken:   Adopted.

4.  Local Approval of Special Legislation - Target Center Construction Manager:
     a) Motion by Lilligren to find under Council Rule V, Section 2 that the regular Council cycle is not adequate, and to consider the following action of the Committee of the Whole from November 8, 2013 at this meeting.
     b) Passage of Resolution approving Laws of Minnesota 2013, Chapter 143, Article 4, Section 43 permitting the City of Minneapolis to enter into an agreement with a construction manager at risk for Target Center improvements.
     c) Direct the City Clerk to file the required forms with the Secretary of State.
Action Taken:   Adopted.

Regulatory, Energy & Environment

RE&E agenda of 11/4/2013

 1.  Wine Regulations:
      Passage of Ordinance amending Title 14, Chapter 363 of the Code relating to Liquor and Beer: Wine Licenses, changing the definition of restaurant to allow up to three (3) musicians.
Action Taken:   Adopted.

 2.  Liquor, Wine and Beer Licenses:
      Passage of Resolution granting licenses to the following businesses:
      a)  Sonora Grill Longfellow, 3300 E Lake S (New Business);
      b)  DiNokos Bar Zia, 420 S 4th St (New Business);
      c)  JL Beers, 24 University Ave NE (New Business);
      d)  Macs Fish, Chips and Strips, 612 W 54th St (New Business);
      e)  Tiny Diner, 1024 E 38th St (New Business); and
      f)   La Fresca, 4750 Grand Ave S (New Business).
      Early signature by Mayor requested.
Action Taken:   Adopted.

 3.  Full Stop, 1818 Lowry Ave N:
      Passage of Resolution approving Business License Operating Conditions relating to Grocery, Gasoline Filling Station, Food Manufacturer, and Tobacco Dealer Licenses.
Action Taken:   Adopted.

 4.  Rolling Along Bike Taxi, PO Box 580061, Minneapolis:
      Passage of Resolution approving Business License Operating Conditions relating to Pedicab Driver License.
Action Taken:   Adopted.

 5.  Liquor, Wine and Beer 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.

 8.  Rental Dwelling License at 1515 22nd Ave N:
      a) Revoke license held by Thomas G. Pautz; and b) Adopt Findings.
Action Taken:   Adopted.

Referred Report to Ways & Means/Budget 
(Subject to prior approval by the Ways & Means/Budget Committee on November 12, 2013)

 9.  Inspections Division 2013 Special Assessment Levies:
      a)  Approve maximum levy amounts for the following levies in accordance with the preliminary levy listings:
           • Levy 1080 – Removal of Offensive Matter (rubbish), payable in one year - $365,257.45
           • Levy 1081 – Removal of Offensive Matter (weeds), payable in one year - $239,821.50     
           • Levy 1084 – Removal of Offensive Matter (hazardous trees), payable in five years - $66,366.00
           • Levy 1085 – Removal of Offensive Matter (brush and plant growth), payable in one year $126,977.75
           • Levy 1086 – Inoperable Vehicle Tow Administrative Fees, payable in one year - $4,500.00
           • Levy 1089 – Unpaid Administrative Citations - Housing, payable in one year - $310,140.00
           • Levy 1090 – Unpaid Administrative Citations – Lead, payable in one year - $5,060.00
           • Levy 1092 – Emergency Demolition of the property, payable in one year - $45,226.00
           • Levy 1095 – Chapter 249 Building Demolition, payable in one year - $202,140.96
           • Levy 1096 – Vacant/Boarded Housing Registrations, payable in one year - $2,438,748.00
           • Levy 1097 – Re-Inspection Fee Housing, payable in one year - $60,750.00
           • Levy 1098 – Securing of Buildings - Police Board Up, payable in one year - $121,415.44
           • Levy 1099 – Securing Abandoned Buildings, payable in one year - $44,638.00
           • Levy 1120 – Sewer Overflow, payable in one year - $192,500.00
           • Levy 1121 – Unpaid Administrative Citations – Const. Code Services, Un-permit Work payable in one year - $15,540.00
           • Levy 1122 – Unpaid Administrative Citations – Housing, payable in five years - $10,950.00
           • Levy 1124 – Unpaid Administrative Citations – Environmental, payable in one year - $1,320.00
           • Levy 1125 – Unpaid Administrative Citations – Const. Code Services, payable in one year - $55,520.00
           • Levy 1126 – Unpaid Administrative Citations – Fire Inspection Services, payable in one year - $24,585.00 
           • Levy 1160 – Nuisance Abatement, payable in five years - $25,455.64
           • Levy 1162 – Unpaid Administrative Citations – Nuisance Housing, payable in one year - $384,125.00
           • Levy 1163 – Unpaid Administrative Citations – High Occupancy Dwelling, payable in one year - $2,420.00
           • Levy 1165 – Unpaid Administrative Citations – Zoning, payable in one year - $39,360.00
           • Levy 1176 – Re-Inspection Fee – Zoning, payable in one year - $14,950.00;
      b)  Authorize Regulatory Services to continue receiving pre-payments until November 30, 2013, when the final levy list will be sent to the Hennepin County Property Taxation Department; and
      c)  Passage of 20 Resolutions directing the Director of the Hennepin County Taxation Department to place assessments against certain properties to defray the cost of work performed under authorization of Regulatory Services to correct nuisance or hazardous conditions. (9 votes)
Action Taken:   Adopted.

Transportation & Public Works

T&PW agenda of 11/7/2013 

 1.  2014 Uniform Assessment Rates:
      Passage of Resolution establishing Uniform Assessment Rates for street construction, street renovation, street resurfacing, and alley resurfacing improvements for the 2014 calendar year. (9 votes) 
Action Taken:   Adopted.

 2.  Levy of 2013 Public Works Department Special Assessments:
      Passage of Resolution levying various 2013 Public Works Department special assessments and adopting the assessment rolls. (9 votes)
Action Taken:   Adopted.

 3.  Sale of City-Owned Land Parcel:
      Authorize execution of the necessary documents to convey a parcel of land located at 521 5th St N to Hennepin County for the price of $1.00 to be incorporated into the surface level plaza being created by The Interchange Project. (9 votes) 
Action Taken:   Adopted.

 4.  Non-Motorized Transportation Pilot Project Grant Agreement Amendments:
      Authorize execution of amendments to agreements with the Minnesota Department of Transportation (MnDOT) and Transit for Livable Communities to:
      a)  Extend the end date of the agreements from December 31, 2013 to December 31, 2014; and
      b)  Change the retainage (holdback) percentage from 5% to either 2% or 1% based on the amount of remaining audited invoices.
Action Taken:   Adopted.

 5.  Municipal Consent for Railway Bridge Over Central Ave NE:
      Passage of Resolution granting Municipal Consent and approving the layout of MnDOT's reconstruction of the railroad bridge spanning Trunk Highway 65/Central Ave between 14th and 18th Aves NE.
Action Taken:   Adopted.

 6.  Ramp “A” Air Rights:
      Passage of Resolution authorizing CPED and Public Works staff to submit a request to MnDOT for exclusive rights for up to two years to negotiate a long-term airspace lease over Ramp A (TAD 7th Street Ramp).
Action Taken:   Adopted.

Referred Reports to Ways & Means/Budget
(Subject to prior approval by the Ways & Means/Budget Committee on November 12, 2013)

 7.  Hennepin County Road Maintenance Agreement:
      Passage of Resolution authorizing execution of a Road Maintenance Agreement between Hennepin County and the City of Minneapolis effective January 1, 2013 through December 31, 2015.
Action Taken:   Adopted.

 8.  2014 - 2017 Public Works Consulting Pool:
      Authorize execution of a Master Service Agreement with each of the 32 successful firms for the Public Works Consulting Pool from February 15, 2014 to February 14, 2017.
Action Taken:   Adopted.

 9.  Capital Project Close-Outs:
      a)  Passage of Resolution receiving and accepting the final costs of various Capital projects and programs, closing the projects, and reallocating excess revenue, Net Debt Bonds, and Assessment Bonds to other Capital projects and programs; and
      b)  Passage of Resolution requesting concurrence of the Board of Estimate and Taxation in the reallocation of already issued Net Debt Bonds and cancelation of authorization of $70,000 of unissued Net Debt Bonds. (9 votes) 
Action Taken:   Adopted.

10.  Car Sharing Pilot Program Contract:
       Authorize execution of a two-year agreement with Neighborhood Energy Connection, dba HOURCAR, for the Car Sharing Pilot Program.
      Early Signature by Mayor Requested.
Action Taken:   Adopted.

11.  Organized Collection Contract:
       T&PW  - Authorize execution of a contract with Minneapolis Refuse, Inc. (MRI) for the collection of garbage, recycling, problem materials, mattresses, and yard wastes for approximately one-half of the City's dwelling units from February 1, 2014 through January 31, 2019.
       W&M/Budget - Sent forward without recommendation.
Action Taken:   Adopted.

12.  Alley Construction Assessment Policy:
       a)  Adopt a policy to assess construction and reconstruction of alleys against all benefiting property owners using an Annual Uniform Alley Construction Rate of 25% of the estimated cost to reconstruct an average alley with all costs above that to be paid for with Net Debt Bonds or other local sources;
       b)  Amend the Unpaved Residential Alley Paving Program to reflect the new policy; and
       c)  Establish the 2014 Alley Construction Rate at $0.26/sq. ft.
Action Taken:   Adopted.

13.  Cooperative Development Agreement:
       a)  Authorize negotiation and execution of a Cooperative Development Agreement with M.A. Mortenson Company for professional design services, demolition, and construction related to a City-owned skyway and re-connection to the proposed Hampton Inn & Suites Hotel site located at 19 8th St. N. The City shall pay for said work in an amount not to exceed $425,000 to be paid from the Parking Fund; and
       b)  Authorize negotiation and execution of an amendment to a 1992 Skyway Easement Agreement to memorialize termination of the original skyway contemplated therein, and restating and revising the 1992 terms to reflect a new skyway schematic.
Action Taken:   Adopted.

Ways & Means/Budget

W&M/Budget agenda of 11/8/2013 and Adjourned agenda of 11/12/2013
(Subject to prior approval by the Ways & Means/Budget Committee on November 12, 2013)

 1.  Legal Settlements:
      Passage of Resolution authorizing the following matters:
      a) Lori Olson v. City of Minneapolis ($25,000);
      b) Travelers Indemnity Company v. City of Minneapolis ($10,350);
      c) Brian Arradondo v. City of Minneapolis ($163,000);
      d) Darryl Robinson v. Mark Lanasa, et. al. ($15,000) with some non-monetary consideration;
      e) Xcel Energy by payment from Excel Energy to the City of Minneapolis ($137,747.96); and
      f) Steven Meldahl v. City of Minneapolis by adjustment of the following special assessments:
         No. 10-0761439 ($6,948); No. 11-9873675 ($694.75); No. 11-0874827 ($150.00);
         No. 11-0873932 ($150.00); No. 1211442304 ($513.23); No. 310863311 ($159.77)
         No. 1211447318 ($343.96 reduced by $84 resulting in an assessment of $259.96)
Action Taken:   Adopted.

 2.  Billboard Display Time Donation:
      Passage of Resolution accepting donation of digital billboard space from Clear Channel Outdoor.
Action Taken:   Adopted.

 3.  Public Service Announcement Broadcast Time Donation:
      Passage of Resolution accepting donation of broadcast airtime from Comcast Cable.
Action Taken:   Adopted.

 4.  Window Washing Services:
      Execute contract with Columbia Building Services for a total estimated annual expenditure of $90,000 and extending pricing for two (2) additional years after 2014.
Action Taken:   Adopted.

 5.  Escalator Modernization:
      Execute contract with Kone, Inc., for a total estimated annual expenditure of $1,809,000.
Action Taken:   Adopted.

 6.  City of Minneapolis 311 System:
      Execute contract with KANA Software Inc., for a not-to-exceed total of $1,200,000 and to include two, one-year options to extend.
Action Taken:   Adopted.

 7.  City of Minneapolis Roaming WiFi System:
      Extend contract with Novarum Inc., increasing by $50,000.
Action Taken:   Adopted.

 8.  Unisys Managed System:
      Increase contract with Unisys by $750,000.
Action Taken:   Adopted.

 9. Request for Proposals for Managed Information Technology Services:
     Authorize to issue Request for Proposals, pending Permanent Review Committee approval.
Action Taken:   Adopted.

10. Grass, Weeds and Plants Nuisance Abatement:
      Authorize extension of contract with Over the Top to December 31, 2013, and of service to the north district under the same terms and conditions as currently in place for the south district. 
Action Taken:   Adopted.

11. Hazardous Tree Removal:
      Authorize increase to contract with Wilson Custom Tree by $100,000.
 
Action Taken:   Adopted.

12. Property Tax Special Assessment of Delinquent Utility Charges
      Approve the special assessment of delinquent utility charges with adoption of the assessment roll. (9 votes)
Action Taken:   Adopted.

Zoning & Planning

Z&P agenda of 11/7/2013

 1.  4291 Queen Avenue South:
      Approve application by the Minnesota Streetcar Museum for a historic variance to allow for the expansion of a nonconforming use beyond the boundaries of the existing zoning lot for the property located at 4291 Queen Avenue South. 
Action Taken:   Adopted.

 2.  Hennepin County Interchange Project (Target Field Station), Hennepin County Vacation 1626:
      Approve application by Hennepin County to vacate part of 6th Avenue North, south of and adjacent to Block 6, Bradford & Lewis Addition, and part of 5th Street North between 6th Avenue North and Hoag's Addition, for utilization for roadway improvements as well as future development; and Passage of Resolution approving vacation.
Action Taken:   Adopted.

 3.  Hennepin County Interchange Project (Target Field Station), Hennepin County Vacation 1627:
      Approve application by Hennepin County to vacate part of the southwest half of 5th Street North between 6th Avenue North and the Burlington Northern Railroad bridge, for utilization for roadway improvements as well as future development; and Passage of Resolution approving vacation.
Action Taken:   Adopted.

 4.  Sports and Health Facilities (Zoning Code Text Amendment):
       Passage of the following ordinances amending Title 20 of the Minneapolis Code of Ordinances relating to Zoning Code, amending sports and health facilities:
       a) Chapter 520 relating to Introductory Provisions;
       b) Chapter 547relating to Office Residence Districts;
       c) Chapter 548 relating to Commercial Districts;
       d) Chapter 549 relating to Downtown Districts
       e) Chapter 550 relating to Industrial Districts; and
      
f) Chapter 551 relating to Overlay Districts.
       Return Chapter 536 to the author.
Action Taken:   Adopted.

5. 2924 Grand Avenue South:
     Deny appeal filed by Mazel Properties, LLC, for the application of a Certificate of Nonconforming Use to establish legal nonconforming rights to a three-unit, multiple-family residence in an existing structure; and Adopt staff findings.
Action Taken:   Adopted.

Resolutions

Motions   

New Business

1.  Filing Fees for Municipal Office:
     Charter Commission's transmittal recommending an amendment to the Minneapolis City Charter, for passage by Ordinance, relating to the filing fees for municipal elections, to be referred to the Intergovernmental Relations Subcommittee of the Committee of the Whole for a public hearing to be held on December 5, 2013.  
      Letter of Transmittal   Proposed Amendment 
Action Taken:   Referred to the Intergovernmental Relations Subcommittee of the Committee of the Whole.

2.  Notice of Intent:
     Johnson gives notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 16, Chapter 417 of the Minneapolis Code of Ordinances relating to Planning and Development:  Port Authority, regarding exercise of port authority powers.
Notice Given.

Announcements

Closed Session

Adjourn to Room 315, City Hall for the purpose of discussing the following matters:
a) Nguyen, et al. v. City of Minneapolis
Action Taken:  Approved settlement.
b) Brad Charles Carlson v. City of Minneapolis, et al.
Action Taken:  Approved settlement.

Adjournment

The City Council will adjourn to November 19, 2014 at 6:05 p.m. in the Council Chamber to receive public comments on the proposed 2014 budget and tax levy.
 

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 6, 2013

City Clerk email: councilcommittecoordinators@minneapolismn.gov 

Minneapolis Web Page: www.minneapolismn.gov

Attention: If you need this material in an alternative format please call (612) 673-3737 or email NCR@minneapolismn.gov.   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.  Hmong - Ceeb toom. Yog koj xav tau kev pab txhais cov xov no rau koj dawb, hu (612) 673-2800; Spanish - Atención. Si desea recibir asistencia gratuita para traducir esta información, llama (612) 673-2700; Somali - Ogow. Haddii aad dooneyso in lagaa kaalmeeyo tarjamadda macluumaadkani oo lacag la’ aan wac (612) 673-3500.

The City of Minneapolis invites and encourages participation by every resident to each program, service and event within our city.  Should you require an accommodation in order for you to fully participate, or should you require this document in a different format, please let us know by contacting 311 or 612-673-3000, at least 5 days prior to the meeting.

Last updated Nov 12, 2013