Community Development

Health & Human Services

Intergovernmental Relations

Public Safety &Regulatory Services

Transportation & Public Works

Ways & Means/Budget

Zoning and Planning

MOTIONS

UNFINISHED BUSINESS

NEW BUSINESS

Minneapolis City Council Agenda

Friday, April 16, 2004 at 9:30 a.m.

Council Chamber, Room 317 City Hall

Minneapolis, Minnesota

Council President Ostrow, Vice President Lilligren, Majority Leader Benson, Minority Leader Johnson Lee, Council Members Zerby, Samuels, Johnson, Zimmermann, Goodman, Schiff, Niziolek, Colvin Roy and Lane

(Majority vote of all members, 7; 2/3 vote of all members, 9)

Chief Committee Coordinator Jan Hrncir (612) 673-3130

1. Roll call. 13-0

2. Acceptance of minutes of the special meeting held March 18 and the regular meeting of April 2, 2004.

Council Action and Roll Call: Accepted. 13-0

3. Referral of petitions and communications and reports of the City officers to proper Council committees and departments.

Council Action and Roll Call: Approved. 13-0

REPORTS OF STANDING COMMITTEES

Community Development top of page

CD agenda of 4/6/2004

1. Minnesota Transitions Charter School Project (2526 27th Av S):

Passage of Resolution giving preliminary and final approval to the issuance of up to $1,500,000 in Tax-exempt Bank Qualified Bank Direct Minneapolis Community Development Agency Revenue Bonds.

Council Action and Roll Call: Approved. 13-0

2. Fairview Health Services Project:

Passage of Resolution giving preliminary and final approval to the issuance of up to $75,000,000 in Taxable and Tax-exempt 501(c)(3) Refunding Revenue Bonds to refinance bonds for various facilities.

Council Action and Roll Call: Approved. 13-0

3. Minnesota Orchestral Association Project (1111 Nicollet Mall):

Passage of Resolution giving preliminary and final approval to the issuance of up to $1,700,000 in Tax-exempt 501(c)(3) Bank Qualified Bank Direct Minneapolis Community Development Agency Refunding Revenue Bonds.

Council Action and Roll Call: Approved. 13-0

4. Environmental Remediation Grant Applications:

Authorize applications to the Metropolitan Council Metropolitan Livable Communities Fund Tax Base Revitalization Account Grant Program, the Minnesota Department of Employment and Economic Development Contamination Clean Grant Program and Hennepin County Environmental Response Fund; Passage of Resolutions authorizing submission of applications. Early signing by Mayor requested.

Council Action and Roll Call: Approved. 13-0

5. Land Sale of City-Owned "Parcel E" Liner Property:

a) Passage of Resolution approving the sale of the Parcel E Liner property;
b) Authorize execution of a redevelopment contract with David Bernard Builders and Developers for the property; Direct that the net land proceeds, upon completion of the Guthrie District Parking Facility, be transferred to the Preliminary Planning Fund with certain conditions. (9 votes)

Council Action and Roll Call: Approved, as amended. 13-0

6. Real Estate Transaction Policy Revisions:

a) Approve Real Estate transaction policies on leases, disposition and acquisition;
b) Revise Procedure Manual for Professional Services Procurement & Real Estate Transactions by removing sections on real estate transactions;
c) Revise Space and Asset Management Procedure Manual by removing sections on real estate transactions;
d) Direct CPED, Finance and Public Works Directors to develop and approve procedures in compliance with the attached policies; and
e) Direct CPED Director to return to Council by June 2004 to formally request the transfer of MCDA real estate to the City;
Passage of Ordinances amending the Minneapolis Code of Ordinances, Title 2, Chapter 14 relating to Administration: In General and Chapter 22 relating to Administration: City Engineer to allow for incorporating CPED functions into the City's real estate transaction policies and procedures.

Council Action and Roll Call: Approved. 13-0

7. 2% Revolving Loan Fund Program:

a) Approve guideline changes to program to comply with City process and procedures;
b) Approve guideline changes for Commercial Corridor/Commercial Nodes Program;
c) Passage of Resolution delegating authority to the Community Planning and Economic Development Department Director to make and execute Lender Agreements.

Council Action and Roll Call: Approved. 13-0

8. Appointments to the Minneapolis Public Housing Authority Board:

Concur with the Mayor's recommendation to reappoint Cornell Moore and appoint Chandra Clark for terms through December 31, 2006.

Council Action and Roll Call: Report Divided. Reappointment of Cornell Moore approved on a 13-0 vote. Appointment of Chandra Clark approved on a 10-0-3 vote with Lilligren, Johnson Lee and Niziolek declining to vote.

Referred Report from Transportation & Public Works

9. 2004 Transit Oriented Development Applications to Hennepin County:

a) Authorize submission of grant applications for twelve projects within Minneapolis;
b) Authorize staff to review and rank the applications materials based on Hennepin County criteria and City policy;
c) Authorize staff to return for endorsement of the prioritized 2004 list of projects in Minneapolis and to forward the recommendations to Hennepin County.

Council Action and Roll Call: Approved. 13-0

Referred Reports to Ways & Means/Budget

10. Many Rivers West Project (E Franklin & 14th Av S):

a) Passage of Resolution adopting the Many Rivers West Tax Increment Finance Plan, Modification No. 7 to the Franklin Av Redevelopment Plan and Modification No. 98 to the Common Plans;
b) Approval of proposed redevelopment contract business terms;
c) Passage of Resolution granting final approval to the issuance of up to $2,900,500 in Tax-exempt Multifamily Housing Development Bonds;
d) Passage of Resolution authorizing issuance of a Tax Increment Financing Note in an amount not to exceed $337,000;
e) Authorize execution of a redevelopment contract with Many Rivers West Limited Partnership with the American Indian Housing Corporation as general partner.

Council Action and Roll Call: Approved. 13-0

11. Pollution Remediation Grants:

Authorize acceptance of 2003 Metropolitan Council Livable Communities Tax Base Revitalization Account grants for 1035 E Franklin Av (PPL Headquarters) and 1508 E Lake St (Antiques Minnesota); Passage of Resolution. Early signing by Mayor requested

Council Action and Roll Call: Approved. 13-0

Health & Human Services top of page

H&HS agenda of 4/5/2004

1. Food Markets:

Passage of Ordinances amending Title 10 of Code relating to Food Code
a. Amending Chapter 186 entitled In General, adding definitions for food market
distributor and food market manufacturer;
b. Adding Chapter 201 entitled Public Market;
c. Repealing Chapter 202 entitled Public Market and adding a new Chapter 202
entitled Municipal Market.

Council Action and Roll Call: Approved. 13-0

2. Flag of the Vietnamese American Community:

Passage of Resolution recognizing the Official Flag of the Vietnamese American Community.

Council Action and Roll Call: Approved, as amended with a substitute resolution.

Referred Report to Public Safety & Regulatory Services and Ways & Means/Budget

3. Phillips Weed & Seed/Project Safe Neighborhoods:

Passage of Resolution transferring $160,000 from Health & Family Support to Police Department to fund salary of one Sergeant within Central Investigations for suppression and containment of criminal activity within Little Earth Housing complex and surrounding area.

Council Action and Roll Call: Approved. 13-0

Referred Report to Ways & Means/Budget

4. Child Lead Safety Grant:

Authorize submit grant application to United States Conference of Mayors seeking up to $300,000 to address child lead safety in Minneapolis neighborhoods.

Council Action and Roll Call: Approved. 13-0

Intergovernmental Relations top of page

IGR agenda of 4/13/2004

1. MSP Noise Oversight Committee:

Passage of Resolution supporting the Committee's recommendation for noise mitigation in residential areas.

Council Action and Roll Call: Approved. 13-0

Public Safety &Regulatory Services top of page

PS&RS agenda of 4/7/2004

1. Mill City Cafe (2205 California St NE):

Grant On-Sale Liquor Class C-1 with Sunday Sales License.

Council Action and Roll Call: Approved. 12-0-1 Benson: Declined to vote.

2. Nochee (500 Washington Av S):

Grant On-Sale Liquor Class B with Sunday Sales License.

Council Action and Roll Call: Approved. 12-0-1 Benson: Declined to vote.

3. Loring Park Coffee House (1301 Harmon Pl):

Grant On-Sale Wine Class E with Strong Beer and Sidewalk Cafe Licenses.
Early Signing by Mayor requested

Council Action and Roll Call: Approved. 12-0-1 Benson: Declined to vote.

4. Marysburg Books Coffee (304 Washington Av N):

Grant On-Sale Wine Class C-1 with Strong Beer License.

Council Action and Roll Call: Approved. 12-0-1 Benson: Declined to vote.

5. Palm Court Restaurant & Bar (2424 Central Av NE):

Sent forward without recommendation application for On-Sale Liquor Class E with Sunday Sales License.

Council Action and Roll Call: Approved, as amended to approve. 12-0-1 Benson: Declined to vote.

6. Zeno Coffee & Dessert Bar (2919 Hennepin Av):

Grant Sidewalk Cafe License.

Council Action and Roll Call: Referred back to Committee.

7. Leaning Tower of Pizza (2501 University Av SE):

Grant On-Sale Liquor Class E with Sunday Sales License (Renewal).

Council Action and Roll Call: Approved. 12-0-1 Benson: Declined to vote.

8. OBrien's Decoy Pub & Smokehouse (815 Hennepin Av):

Passage of Resolution granting On-Sale Liquor Class B with Sunday Sales License, subject to conditions.

Council Action and Roll Call: Approved. 12-0-1 Benson: Declined to vote.

9. Casey's Bar & Grill (3510 Nicollet Av):

Passage of Resolution granting On-Sale Wine Class C-2 with Strong Beer License, subject to conditions.

Council Action and Roll Call: Approved. 12-0-1 Benson: Declined to vote.

10. Liquor, Wine and Beer Licenses:

Passage of Resolution granting applications.

Council Action and Roll Call: Approved. 12-0-1 Benson: Declined to vote.

11. Business Licenses:

Passage of Resolution granting applications.

Council Action and Roll Call: Approved. 13-0.

12. Gambling Licenses:

Passage of Resolution granting applications.

Council Action and Roll Call: Approved. 13-0.

13. Liquor License Conditions:

Delete from all liquor license conditions any requirement that dancers or any individuals providing services be employees and not independent contractors.

Council Action and Roll Call: Approved. 12-0-1. Benson: Declined to vote.

14. Chapter 249 Property at 3306 Columbus Av S:

Authorize demolition of property.

Council Action and Roll Call: Approved. 13-0.

Referred Reports to Ways & Means/Budget

15. Structural Collapse Rescue Firefighting Training:

Accept low bid received from Spec Rescue International to provide training for firefighters from Minneapolis Fire Department and surrounding Fire Departments; Execute contract.

Council Action and Roll Call: Approved. 13-0.

16.Minnesota Auto Theft Prevention Program:

Accept grant award of $150,000 and execute grant agreement with Minnesota Department of Public Safety to expand program for prosecuting auto thieves; Passage of Resolution appropriating funds to Police Department. (9 votes)

Council Action and Roll Call: Approved. 13-0.

17. Joint Terrorism Task Force:

Accept up to $64,316.88 and execute agreement with Federal Bureau of Investigation, Counterterrorism Division, to reimburse overtime expenses for up to six police officers who participate full-time on Task Force; Passage of Resolution appropriating funds to Police Department. (9 votes)

Council Action and Roll Call: Approved. 13-0.

18. Rainleader Disconnect Program:

Execute agreement with Mississippi Watershed Management Organization where City will receive funds not to exceed $16,000 to provide education and materials for homeowners to properly disconnect their rainleaders from the sanitary sewer; Passage of Resolution appropriating funds to Environmental Services Division. (9 votes)

Council Action and Roll Call: Approved. 13-0.

19. Minneapolis Project Heartbeat:

a. Passage of Resolution recognizing "Minneapolis Project Heartbeat" to make the City
Heart Safe" and proclaiming April 2004 to be "Minneapolis Project Heartbeat Month".
b. Execute one-year agreement with Cardiac Science Inc to endorse their Automatic
External Defibrillators and that Fire Department provide Cardiac Science literature
during commercial building inspections.
c. Accept 32 new Cardiac Science defibrillators in exchange for 32 old Fire Department defibrillators, to be placed in appropriate City owned buildings.
d. Authorize Year 2004 revenues be deposited in Fire Department General Fund; and
Passage of Resolution appropriating funds to Fire Department. (9 votes)

Council Action and Roll Call: Approved. 12-0-1. Zimmermann: Declined to vote.

Transportation & Public Works top of page

T&PW agenda of 4/6/2004

1. Block Event Ordinance:

Passage of Ordinance amending Title 17, Chapter 455 of Code of Ordinances relating to Streets and Sidewalks: Block Events, to modify application filing process, permit approval process, and consistent format and minor amendments to language.

Council Action and Roll Call: Approved. 13-0.

2. Police Department Third Precinct Expansion:

Authorize change order with Stahl Construction Company for unforeseen conditions and changes encountered in the project, with no additional appropriation.

Council Action and Roll Call: Approved. 13-0.

3. Excess Right of Way:

Authorization to negotiate, execute and annually renew a lease with the University of Minnesota for parking stalls.

Council Action and Roll Call: Approved. 13-0.

4. Bassett Creek Valley portion of new Van White Memorial Boulevard (4th Av N to Dunwoody Blvd):

Authorize issuance of a RFP for design and engineering plans.

Early signing by Mayor requested.

Council Action and Roll Call: Approved. 13-0.

5. Minnehaha Creek Watershed District Partnership:

Passage of Resolution supporting formation of a Minnehaha Creek Partnership.

Council Action and Roll Call: Approved. 13-0.

Referred Reports to Ways & Means/Budget

6. Como N Renovation:

Passage of Resolutions -

a) Ordering City Engineer to proceed and do the work and adopting the special assessments.

b) Requesting the Board of Estimate and Taxation to issue and sell assessment bonds. Early signing by Mayor requested. 9 votes

Council Action and Roll Call: Approved, as amended.. 13-0.

7. Downtown Transportation Management Organization (TMO):

a) Authorize to execute agreement with the Metropolitan Council to provide federal grant funding for Transportation Demand Management (TDM) projects in effect for the period of 1/1/03 through 12/31/04;

b) Authorize to execute an agreement with TMO to provide federal grant funding in effect for the period of 1/1/03 through 12/31/04; and

c) Passage of appropriation Resolution. Early signing by Mayor requested.

Council Action and Roll Call: Approved. 13-0.

8. Columbia Heights Water Supply Contract:

Authorize 30-year contract retroactive to 1/1/04 for the sale of water to the City of Columbia Heights.

Council Action and Roll Call: Approved. 13-0.

9. 2004 Federal Aid Projects:

Passage of Resolution authorizing execution of agreements with MnDOT to allow construction of Richfield Road, Chicago Av Bridge and Loring Bike Bridge prior to appropriation of Federal Funds.

Council Action and Roll Call: Approved. 13-0.

10. Storm Drain Tunnel Assessment Condition Project Contract:

Authorize increase in contract with Bonestro, Rosene, Anderlik and Associates, due to difficulties in completing the project; funding available within the existing project budget.

Council Action and Roll Call: Approved. 13-0.

11. Van White Memorial Boulevard:

a) Authorize execution of an agreement with Hennepin County prescribing the terms and conditions of county cost participation toward planning and construction, and

b) Passage of Resolution increasing the appropriation for Heritage Park infrastructure work.

Council Action and Roll Call: Approved. 13-0.

Ways & Means/Budget top of page

W&M/Budget agenda's of 4/12/2004 & 4/15/2004

1. Award of Damages to Kick's Liquor Store:

Authorize payment of $177,574.50 as a settlement award.

Council Action and Roll Call: Approved. 13-0.

2. Reimbursement of Legal Fees:

Authorize payment of $66.25 to Douglas R. Peterson for legal services provided to Lisa Goodman.

Council Action and Roll Call: Approved. 12-0-1. Goodman: Declined to vote.

3. Retention of Outside Counsel:

Authorize the City Attorney to enter a Master Legal Services Agreement with the law firm of Jardine, Logan & O'Brien to represent Charles Storlie in the matter of Duy Ngo v. City of Minneapolis and Charles Storlie.

Council Action and Roll Call: Approved. 13-0.

4. New Central Library Project - Contracts for Public Art:

Passage of Resolution authorizing execution of contracts with Beverly Pepper (sculpture art), Ben Rubin (electronic light sculpture), and Lita Alburquerque (Floor artwork).

Council Action and Roll Call: Approved. 13-0.

5. New Central Library Project - Bid for Roofing:

Authorize acceptance of the low bid of E.R. Berwald Roofing Co., Inc. for roofing services in an amount not to exceed $3,053,450. Early signing by Mayor requested.

Council Action and Roll Call: Approved. 13-0.

6. Payment of Lodging Tax to Convention Association:

Authorize payment of $174,789 as the balance of the 2003 proceeds of the 1% City lodging tax increase to the Greater Minneapolis Convention & Visitors Association; Passage of Resolution appropriating funds.

Council Action and Roll Call: Approved. 13-0.

7. 2003 Supplemental Appropriation Adjustments:

Passage of Resolutions approving technical amendments to the 2003 General and Capital budgets to appropriate funds to City department budgets for spending commitments.

Council Action and Roll Call: Approved. 13-0.

8. Acceptance of Empowerment Zone (EZ) Funds:

Authorize acceptance of $994,100 from the US Department of Housing and Urban Development as additional EZ funds to the City; Passage of Resolution appropriating funds. (9 votes)

Council Action and Roll Call: Approved. 13-0.

9. Wage Settlement with AFSCME Local #9, Attorney's Unit:

Passage of Resolution approving the terms of the 2004 Wage-Reopener.

Council Action and Roll Call: Approved. 13-0.

10. Labor Settlement with Machinists Lodge #77:

Passage of Resolution approving the terms of a two-year collective bargaining agreement.

Council Action and Roll Call: Approved. 13-0.

11. Labor Settlement with City Laborers' Local #363:

Passage of Resolution approving the terms of collective bargaining agreements, effective January 1, 2004 through December 31, 2006.

Council Action and Roll Call: Approved. 13-0.

12. Bumping and Leave Rights for Unclassified Positions:

Delegate authority to the Director of Human Resources to determine bumping and leave rights for all unclassified positions in the City that are created under Chapter 20 of the Minneapolis Code of Ordinances.

Council Action and Roll Call: Approved. 13-0.

13. Reinstatement of Guest Services Manager Position:

Approve reclassification of a Director, Business Information Systems position to its previous title of Guest Services Manager (Convention Center); Passage of Salary Ordinance establishing the salary level.

Council Action and Roll Call: Approved. 12-1. Johnson Lee "No"

14. New Appointed Position of Labor Relations Coordinator:

Approve reclassification of a Human Resources Senior Consultant position to a new positions entitled Labor Relations Coordinator; Passage of Salary Ordinance establishing the salary for the new position.

Council Action and Roll Call: Approved. 12-1. Johnson Lee "No".

15. City Assessor Department Business Plan:

Approve.

Council Action and Roll Call: Approved. 13-0.

Zoning and Planning top of page

Z&P agenda of 4/8/2004

1. Heritage Preservation Commission:

Approve appointment of Ellen Herman.

Council Action and Roll Call: Approved. 13-0.

2. Mpls Tree Advisory Commission:

Approve appointment of Lorrie Stromme as City Council representative/designee and Gay Noble as alternate.

Council Action and Roll Call: Approved. 13-0.

3. Lip to Lip, Inc (re 321 Lincoln St NE & 983 E Hennepin Ave):

Passage of Ordinance to rezone properties to permit a restaurant & retail store.

Council Action and Roll Call: Approved. 13-0.

4. 1010 Park Avenue, LLC (609-10^th Ave S):

Passage of Ordinance to rezone property to permit a used bookstore, gift shop, coffee shop with acoustic equipment & art gallery.

Council Action and Roll Call: Approved. 13-0.

5. Nelson Molina (3200-15^th Ave S):

Deny petition to rezone property to permit conversion of a three-unit dwelling to four units by adding a basement apartment.

Council Action and Roll Call: Approved. 12-1. Zimmermann "No"

6. Marathon Ashland Petroleum LLC (re SuperAmerica, 4306, 4308 & 4320 E Lake St):

a) Passage of Ordinance to rezone property to permit an automobile convenience facility;
b) Passage of Resolution vacating the southern segment of the public alley.

Council Action and Roll Call: Approved, as amended. 13-0.

7. Michael Lander (4251 Vincent Ave S):

Deny petition to rezone property to permit construction of an additional single-family dwelling on the rear of the lot plus an efficiency unit above a new garage, and to renovate the existing single-family home on the front of the lot and construct a detached single-vehicle garage, after demolishing the existing garage and shed.

Council Action and Roll Call: Approved. 11-2. Zimmermann & Niziolek "No"

MOTIONSspan class="topofpage">top of page

1. City Payroll:

Motion by Johnson that regular payrolls of City employees under Council jurisdiction for the month of May 2004 be approved and ordered paid.

Council Action and Roll Call: Approved. 13-0.

2. Ordinance Introduction and Motion to Amend Previous Council Action:

a) Colvin Roy asks unanimous consent to introduce an Ordinance amending Title 18, Chapter 478 of the Minneapolis Code of Ordinances relating to Traffic Code: Parking, Stopping and Standing, to delete reference to a permit for Loading Zone #3486; and

Council Action and Roll Call: Unanimous consent granted.

b) Motion by Colvin Roy to amend a Council action of March 19, 2004, relating to establishing Critical Parking Area #25 in the Laurel/Hawthorne Area by deleting reference to a permit for the 2-hour parking zone on the east side of North 15th Street from Laurel to Hawthorne (Loading Zone #3486); Passage of Ordinance.

Council Action and Roll Call: Approved. 13-0.

UNFINISHED BUSINESSspan class="topofpage">top of page

1. Replacement of Natural Gas Main (Bryant Av & 7th St):

Authorize payment of $35,437.27 to CenterPoint (Minnegasco) for damage caused by City crews
T&PW - Approval
W&M/Budget - Sent forward without recommendation
(Postponed 10/24/03, T&PW & W&M/Budget)

2. Spincycle Coin Laundry (2937 Dupont Av S):

Sent forward without recommendation application for Laundry License.
(Postponed 2/13/04, PS&RS)

Council Action and Roll Call: The above two reports continued to be postponed.

NEW BUSINESSspan class="topofpage">top of page

1. Ordinance Introduction:

Motion by Johnson Lee to introduce an Ordinance amending Title 9, Chapter 172 of the Minneapolis Code of Ordinances relating to Fire and Police Protection: Civilian Police Review Authority, for first reading and referral to the Health & Human Services Committee (Increasing the board from 7 to 11 members, authorizing a case investigator, as well as the CRA manager, to present a case at a panel hearing, authorizing hiring volunteers to act as community outreach advocates on a temp basis, modifies the hearing procedure to address a data practices issue & lengthens the time for filing a request for reconsideration from 5 to 30 days).

Council Action and Roll Call: Referred to the Health & Human Services Committee.

Adjournment to Thursday, April 29, 2004, at 4:00 p.m. in the City Hall Rotunda, for the purpose of hearing Mayor R.T. Rybak's 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 April 30, 2004

City Clerk e-mail jan.hrncir@ci.minneapolis.mn.us

Minneapolis Web Page www.ci.minneapolis.mn.us