Minneapolis City Council AgendaFriday, February 29, 2008 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, Colvin Roy and Hodges 1. Roll call. 13-0. 2. Adoption of the agenda. Action Taken: Approved, as amended to include Resolution No. 1. 3. Acceptance of minutes of the regular meeting of February 15, 2008. Action Taken: Accepted. 4. Referral of petitions and communications and reports of the City officers to proper Council committees and departments. Action Taken: Referred. REPORTS OF STANDING COMMITTEEStop of pageCommittee of the WholeCommittee of the Whole agenda of 2/14/2008 1. Wireless Minneapolis Community Benefits: Approve recommendations for how the City should develop an interim process for managing Wireless Minneapolis community benefits in 2008. Action Taken: Approved. Community DevelopmentCommunity Development agenda of 2/19/2008 1. Covenire Care LLC (re Nokomis Senior Assisted Living Project, 3717-23rd Ave S): Passage of Resolution giving preliminary approval to issue bonds for senior housing project. Action Taken: Approved. 2. Land Sale (2109 Aldrich Ave N, 2302 Fremont Ave N, 2525 & 2603 James Ave N): Passage of Resolution approving sale of properties to qualified Home Ownership Works Program purchasers. Action Taken: Approved. 3. Land Sale (1300 & 1316 - 2nd St N and 109-14th Ave N): Passage of Resolution approving sale of properties to Standard Plymouth LLC. Action Taken: Approved. 4. Riverside Plaza Indemnity Obligation: Approve key terms for reimbursement & release agreement among the City of Mpls, Mpls Community Development Agency (MCDA) & Riverside Plaza LP; Forward to MCDA Board of Commissioners. Action Taken: Approved. Referred Reports to Ways & Means/Budget 5. Environmental Remediation Grant Awards: Authorize acceptance of grant awards from MN Department of Employment and Economic Development Contamination Clean Up and Investigation Grant Program, Metropolitan Council’s Livable Communities Tax Base Revitalization Account Grant Program and the Hennepin County Environmental Response Fund; Passage of Resolution increasing appropriations (9 votes). Action Taken: Approved. 6. 2008 Community Development Block Grant (CDBG) & Consolidated Plan Budget: Approval of revised 2008 Consolidated Plan budget & amended Schedule Four for Year 34 CDBG. Action Taken: Approved. Health, Energy & EnvironmentHealth, Energy & Environment agenda of 2/21/2008 1. Minneapolis Commission on Civil Rights: Approve amendments to Rules of Procedure for Contested Case Hearings. Action Taken: Approved. 2. Target Center Green Roof: Authorize commence cost bidding process for three green roof options. Direct staff to report back to Committee with results of bidding process no later than October 16, 2008. Action Taken: Approved. Referred Report to Intergovernmental Relations 3. Bisphenol-A and Phthalates in Children’s Products: Passage of Resolution calling for a Statewide Phase-Out of Bisphenol-A and Phthalates in Children’s Products. Action Taken: Approved. Referred Reports to Ways & Means/Budget 4. Lead Hazard: Execute contract with Hennepin County Housing Community Works and Transit to accept $125,000 for lead education and outreach, and lead work group facilitation; and Passage of Resolution approving appropriation. (9 votes) Action Taken: Approved. 5. Workforce Investment Act: Execute WIA Title I grant agreement with Minnesota Department of Employment and Economic Development for the release of funding under Adult, Youth and Dislocated WIA and the Minnesota Youth Program. Action Taken: Approved. Intergovernmental RelationsIntergovernmental Relations agenda of 2/26/2008 1. City Planning Commission (Charter Amendment): Passage of Ordinance amending Chapter 13, Section 1 of the Mpls City Charter relating to City Planning Department--Commission and Membership, eliminating the Library Board representative on the CPC & adding a representative appointed by the City Council (13 votes). Action Taken: Approved. 2. Statewide Phase-out of Bisphenol-A & Phthalates in Children's Products: Approve addition to City's agenda for 2008 Legislative Session to include support for House File No. 2100 & Senate File No. 1858. Action Taken: Approved. 3. Mall of America (MoA) Expansion: Approve addition to City's agenda for 2008 Legislative Session to add a policy statement outlining conditions of support for project. Action Taken: Approved, as amended. 4. Federal Representation Services: Authorize Request for Proposals for services in Washington, D.C. Action Taken: Approved. 5. Fiscal Year 2009 Federal Legislative Agenda: Approve. Action Taken: Approved, as amended. Referred Report from Public Safety & Regulatory Services 6. Crime Lab: Passage of Resolution in support of fully exploring the combination of the Crime Lab functions of the City of Mpls & Hennepin County. Action Taken: Approved, as amended. Public Safety & Regulatory ServicesPublic Safety & Regulatory Services agenda of 2/20/2008 1. Grocery Stores: Passage of Ordinance amending Title 10 of Minneapolis Code of Ordinances relating to Food Code: Grocery Stores and Specialty Food Stores, establishing requirements for minimum staple food items in grocery stores. Action Taken: Approved. 2. Namaste Cafe (2512 Hennepin Av): Grant On-Sale Wine Class E with Strong Beer License. Action Taken: Approved. 3. Chris & Robs Chicagos Taste Authority (3101 E 42nd St): Passage of Resolution granting On-Sale Wine Class D with Strong Beer License, subject to conditions. Action Taken: Approved. 4. Skyline Food Market (2400 10th Av S): Passage of Resolution granting Grocery and Tobacco Dealer’s Licenses, subject to conditions. Action Taken: Approved. 5. Liquor, Wine and Beer Licenses: Passage of Resolution granting applications. Action Taken: Approved. 6. Business Licenses: Passage of Resolution granting applications. Action Taken: Approved. 7. Gambling Licenses: Passage of Resolution granting applications. Action Taken: Approved. 8. Vescio’s Italian Cafe (406 14th Av SE): Passage of Resolution approving License Settlement Conference recommendations relating to On-Sale Wine Class E with Strong Beer License. Action Taken: Approved. 9. Kelber Catering (1301 2nd Av S): Passage of Resolution approving License Settlement Conference recommendations relating to On-Sale Liquor Class A with Sunday Sales License. Action Taken: Approved. 10. Rental Dwelling Licenses at 3354 Washburn Av N; 5209 Washburn Av N; Concur with Director of Inspections to revoke, deny, non-renew licenses held by TJ Waconia, Inc; Jon E. Helgason; and Tom J. Balko; and owners Richard and Diane Miller. Action Taken: Approved. 11. Rental Dwelling Licenses at 2639 Girard Av N and 3431 James Av N: Concur with Director of Inspections to revoke, deny, non-renew licenses held by TJ Waconia, Inc; Jon E. Helgason; and Tom J. Balko; and owner Terry Koenigs. Action Taken: Approved. 12. Rental Dwelling Licenses at 3243 6th St N; 4335 Knox Av N; 3447 Oliver Av N; 2934 Queen Av N: Concur with Director of Inspections to revoke, deny, non-renew licenses held by TJ Waconia, Inc; Jon E. Helgason; and Tom J. Balko; and owners Kurt and Constance Helgason. Action Taken: Approved. 13. Rental Dwelling Licenses at 2731 Knox Av N; 3321 Lyndale Av N; 3235 Vincent Av N: Concur with Director of Inspections to revoke, deny, non-renew licenses held by TJ Waconia, Inc; Jon E. Helgason; and Tom J. Balko; and owner Joseph R. Althaus. Action Taken: Approved. 14. Rental Dwelling Licenses at 4940 Bryant Av N; 3915 Colfax Av N; Concur with Director of Inspections to revoke, deny, non-renew licenses held by TJ Waconia, Inc; Jon E. Helgason; and Tom J. Balko; and owners Tamara and Michael Pletan. Action Taken: Approved. Referred Reports to Ways & Means/Budget 15. Rental License Inspection Program: Passage of Ordinance amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code, requiring an inspection and fee at the time a property converts from homestead to rental. Action Taken: Approved, as amended. 16. Vacant Building Registration: Passage of the following Ordinances placing the Vacant Building Registration fee in the Director’s Fee Schedule, and increasing the fee from $2,000 to $6,000: Action Taken: Approved, as amended. 17. Hennepin County Drug Court: Passage of Resolution amending Resolution 2007R-558 passed November 2, 2007 to correctly reflect the appropriation coding. Action Taken: Approved. Transportation & Public WorksTransportation & Public Works agenda of 2/19/2008 1. Street Lighting Policy Framework Direction: Direct Public Works staff to incorporate Policy Framework Directions in the development of a Street Lighting Policy. Action Taken: Approved, as amended. 2. Fire Station No. 17 (330 E 38th St): Approve final Change Order to contract with Northern Air Corporation for mechanical upgrades to Fire Station No. 17, increasing the contract by $8,446.51, to allow for construction contingencies provided as part of the original project budget. Action Taken: Approved. 3. Fire Station No. 21 (3209 E 38th St): Approve final Change Order to contract with Northern Air Corporation for mechanical upgrades to Fire Station No. 21, increasing the contract by $5,735.64, to allow for construction contingencies provided as part of the original project budget. Action Taken: Approved. 4. Drinking Fountain Project: Approve the location of the two final sites for the Drinking Fountain Project - (1) on Central Ave NE and (2) in the Uptown area. Action Taken: Approved. 5. Minneapolis-Duluth/Superior Passenger Rail Alliance: Approve the appointment of Council Member Robert Lilligren to serve on the Rail Alliance Joint Powers Board, and Council Member Elizabeth Glidden as alternate. Action Taken: Approved. 6. Urban Partnership Agreement FTA Apportionment: Approve agreement to comply with the Federal Transit Administration (FTA) Certifications and Assurances, and other requirements as provided by law, regarding the Urban Partnership Agreement FTA Apportionment for the Marquette and Second Ave Transit Project. Action Taken: Approved. 7. West 54th Street Reconstruction Project (Upton Ave S to Penn Ave S): Passage of Resolution designating the location and improvements proposed for the project. Action Taken: Approved. 8. West 54th Street Reconstruction Project (Upton Ave S to Penn Ave S): a) Receive cost estimate of $2,260,000, and direct City Engineer to prepare a proposed Reconstruction Special Assessment against benefited properties; and Action Taken: Approved. Referred Report to Ways & Means/Budget 9. Bids: a) OP 6894, Accept bid of H & L Mesabi, for an estimated annual expenditure of $140,000, to furnish and deliver grader-bucket blades and related items, as needed through December 31, 2009; and Action Taken: Approved. Ways & Means/BudgetWays & Means/Budget agenda of 2/25/2008 1. Open Appointment Process: Passage of Ordinance amending Title 2, Chapter 14 of code relating to Administration: In General, amending section 14.180 relating to provide clarity of City residency; and flexibility in timelines for the open appointment process. Action Taken: Approved. 2. 2009-2013 Capital Process & Capital Long-Range Improvements Committee: Receive and file the 2008 CLIC Schedule and submission deadline; Approve 2008 Capital Guidelines; and Provision of tax supported resource direction to CLIC, city departments, and independent boards & commissions. Action Taken: Approved. 3. Capital Long-Range Improvement Committee (CLIC): Passage of Resolution approving appointments for a term of February 1, 2008 to January 31, 2009. Action Taken: Approved. 4. 2008 Salary Adjustment for Non-represented Employees: Approve adjustments to the salaries and schedules. Action Taken: Approved. 5. 2008 Salary Adjustment for Appointed Employees: Approve adjustments to the salaries and schedules. Action Taken: Approved. 6. Teamsters Local 320, 911 Supervisors Unit: Passage of Resolution approving wage re-opener agreement. Action Taken: Approved. 7. Big Brothers/Big Sisters Charitable Organization: Authorize one-time exception to the City’s policy. Action Taken: Approved. 8. Sudan Resolution: Passage of Resolution providing for the divestment of funds by the City of Minneapolis in Sudan. Action Taken: Approved. Zoning & PlanningZoning & Planning agenda of 2/21/2008 1. Thomas Frattallone (2708 Emerson Ave S): Grant appeal from the decision of the Board of Adjustment denying a variance to reduce the required rear yard setback for garage vehicle access doors facing the alley. Action Taken: Approved. 2. DeLaSalle High School (25 W Island Ave and 201 E Island Ave): Sent forward without recommendation appeal filed from the decision of the Historic Preservation Commission denying an amendment to a previously approved Certificate of Appropriateness to permit installation of artificial turf on a playing field surface. Action Taken: Denied. 3. Acme Tag Redevelopment (2838 Fremont Ave S): Passage of Ordinance to rezone property to the R6 District and remove the TP Overlay District to permit construction of a 237-unit residential development. Action Taken: Approved. Resolutions1. Automobile Allowance: Passage of Resolution amending Resolution 2005R-700 entitled “Authorizing Car Allowance for each member of the City Council for 2006 through 2009”, allowing Council Members to utilize either the Type A or Type B automobile allowance provided for in the Minneapolis Code of Ordinances. Action Taken: Approved. Unfinished Business1. Ordinance Introduction: Pursuant to previous notice (2/15/2008), Schiff moves to introduce the subject matter of ordinances amending Title 20 of the Minneapolis Code of Ordinances relating to Zoning Code, for first reading and referral to the Zoning & Planning Committee (to amend permitted and conditional uses, definitions, and specific development standards for selected uses), as follows: c) Chapter 547 relating to Office Residence Districts; and d) Chapter 548 relating to Commercial Districts; and e) Chapter 549 relating to Downtown Districts; and f) Chapter 550 relating to Industrial Districts; and g) Chapter 551 relating to Overlay Districts. Action Taken: Referred to Zoning & Planning Committee. 2. Ordinance Introduction: Pursuant to previous notice (2/15/2008), Schiff moves to introduce the subject matter of an ordinance amending Title 20 of the Minneapolis Code of Ordinances relating to Zoning Code, for first reading and referral to the Zoning & Planning Committee (amending regulations related to lighting), as follows: Action Taken: Referred to Zoning & Planning Committee. 3. Ordinance Introduction: Pursuant to previous notice (2/15/2008), Gordon moves to introduce the subject matter of an ordinance amending Title 18 of the Minneapolis Code of Ordinances relating to Traffic Code, for referral to the Public Safety & Regulatory Services and Transportation & Public Works Committees (ensuring laws protecting the safety of bicyclists), as follows: Action Taken: Referred to Public Safety & Regulatory Services and Transportation & Public Works Committees. New Business1. Ordinance Notice of Intent: Remington gave notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code (changing the mechanism for enforcing no or low heat in rental units from outside temperature to calendar dates). 2. Ordinance Notice of Intent: Glidden gave notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 8.5 of the Minneapolis Code of Ordinances relating to Elections by amending Chapter 167 to read “Municipal Elections; Rules of Conduct (establishing rules for counting ranked choice voting elections). 3. Ordinance Notice of Intent: Gordon gave notice of intent to introduce at the next regular meeting of the City Council the subject matter of the following ordinances amending Title 20 of the Minneapolis Code of Ordinances relating to Zoning Code, (resolving differences in regulating the maximum occupancy of dwelling units and mandating disclosure of maximum occupancy of dwelling units to potential tenants): a) Chapter 520 relating to Introductory Provisions b) Chapter 527 relating to Planned Unit Development c) Chapter 546 relating to Residence Districts d) Chapter 547 relating to Office Residence Districts e) Chapter 548 relating to Commercial Districts f) Chapter 549 relating to Downtown Districts g) Chapter 551 relating to Overlay Districts 4. Ordinance Notice of Intent: Gordon gave notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code (resolving differences in regulating the maximum occupancy of dwelling units and mandating disclosure of maximum occupancy of dwelling units to potential tenants). 5. Ordinance Introduction: Hodges gave notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 20, Chapter 525 of the Minneapolis Code of Ordinances relating to Zoning Code: Administration and Enforcement (to authorize the zoning administrator to further extend compliance deadlines and require site maintenance and improvement plans for stalled development projects). 6. Ordinance Introduction (Unanimous consent required): Samuels moves to introduce an ordinance amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code, for first reading and referral to the Public Safety & Regulatory Services Committee: Action Taken: Referred to Public Safety & Regulatory Services Committee. AnnouncementsAdjournment1. The Minneapolis Community Development Agency (MCDA) Board of Commissioners will meet upon adjournment of the City Council Meeting. 2. The City Council Meeting will adjourn to Wednesday, March 5, 2008, at 11:00 a.m. at the MacPhail Center for Music, 501 South 2nd Street, for the purpose of the Mayor presenting the State of the City Address. 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 21, 2008 Attention: If you want help translating this information, call - 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 If you need a disability related accommodation, please contact councilcommitteecoordinators@ci.minneapolis.mn.us |