City Council Proceedings – December 7, 2018

OFFICIAL PROCEEDINGS MINNEAPOLIS CITY COUNCIL

REGULAR MEETING OF DECEMBER 7, 2018

(Published December 15, 2018, in Finance and Commerce)

CALL TO ORDER

Council President Bender called the meeting to order at 9:30 a.m. in the Council Chamber, a quorum being present.

Present - Council Members Kevin Reich, Cam Gordon, Steve Fletcher, Phillipe Cunningham, Jeremiah Ellison, Abdi Warsame, Lisa Goodman, Andrea Jenkins, Alondra Cano, Jeremy Schroeder, Andrew Johnson, Linea Palmisano, President Lisa Bender.

Council Rule VIII (2) (D) was suspended by President Bender who offered the courtesy of the floor to Representative-elect Ilhan Omar, Congressional District 5, who addressed the City Council, former colleagues, and constituents.

A moment of silence was held in recognition of the passing of former Council Member Walter Dziedzic.

Jenkins moved adoption of the agenda.

On motion by Jenkins, the agenda was amended to include under the Order of New Business the consideration of a confidentiality agreement in connection with possible acquisition of leased property interests from Sears Holding Corporation at 10 W Lake St.

The agenda, as amended, was adopted.

On motion by Jenkins, the minutes of the regular meeting of November 16, 2018, and the adjourned sessions held November 14, 2018, and November 28, 2018, were accepted.

On motion by Jenkins, the petitions, communications, and reports were referred to the proper Committees.

The following actions, resolutions, and ordinances were signed by Mayor Jacob Frey on December 10, 2018. Minnesota Statutes, Section 331A.01, Subd 10, allows for summary publication of ordinances and resolutions in the official newspaper of the city. A complete copy of each summarized ordinance and resolution is available for public inspection in the Office of City Clerk.

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REPORTS OF STANDING COMMITTEES

The COMMITTEE OF THE WHOLE submitted the following report: On behalf of the Committee of the Whole, Jenkins offered Resolution 2018R-411 authorizing submittal of the Minneapolis 2040 Comprehensive Plan to the Metropolitan Council.

On motion by Ellison and Reich, the 2040 Comprehensive Plan was amended for both Policy 3, Action Step J, as well as Policy 4, Action Step I, to ensure employment opportunities are provided in areas well-served by transit and mixed-use development, allowing production and processing uses in Commercial Mixed-Use areas while controlling for potential negative externalities through building and site design. This includes potentially designating certain identified areas to emphasize employment goals.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-411 By Bender

Authorizing submittal of the Minneapolis 2040 Comprehensive Plan to the Metropolitan Council.

Whereas, Minnesota Statutes Section 473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not conflict with the comprehensive plan or permit activities that conflict with metropolitan system plans; and

Whereas, the City Council approved a resolution directing staff of the Department of Community Planning and Economic Development to update the city’s comprehensive plan on April 1, 2016; and

Whereas, the City Council Received and Filed the comprehensive plan update schedule, comprehensive plan mission and values, and civic engagement plan summary on April 1, 2016; and

Whereas, the City Council Received and Filed a draft Civic Engagement Plan for Minneapolis 2040, the process to update the citywide Comprehensive Plan on July 1, 2016; and

Whereas, the City Council approved the Minneapolis 2040 Civic Engagement Calendar on October 7, 2016; and

Whereas, the City Council adopted fourteen Comprehensive Plan goals on April 2, 2017; and

Whereas, the final draft of the plan is the product of a thoughtful two-year effort, integrates comments received during the Civic Engagement period ending July 2018, and is based on the fourteen Council- adopted goals furthering the City’s commitment to equitable outcomes in the built, natural, and economic environment; and

Whereas, Minnesota Statutes Sections 473.858 and 473.864 require local governmental units to complete their “decennial” reviews by December 31, 2018; and

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Whereas, the City Council, Planning Commission, and the Department of Community Planning and Economic Development Staff have prepared a proposed Comprehensive Plan intended to meet the requirements of the Metropolitan Land Planning Act and Metropolitan Council guidelines and procedures; and

Whereas, pursuant to Minnesota Statutes Section 473.858, the proposed Comprehensive Plan was submitted to adjacent governmental units and affected special districts and school districts for review and comment on March 22, 2018, and the statutory six-month review and comment period has elapsed; and

Whereas, the Planning Commission has considered the proposed Comprehensive Plan and all public comments, and thereafter submitted its recommendations to this Council; and

Whereas, the City conducted public hearings on October 29, 2018, and November 14, 2018, relative to the adoption of the proposed Comprehensive Plan; and

Whereas, the City Council has reviewed the proposed Comprehensive Plan and those recommendations, public comments, and comments from adjacent jurisdictions and affected districts; and

Whereas, Minnesota Statutes Section 473.858 requires a local governmental unit to submit its proposed comprehensive plan to the Metropolitan Council following recommendation by the planning commission and after consideration but before final approval by the governing body of the local governmental unit; and

Whereas, based on its review of the proposed Comprehensive Plan and Planning Commission and staff recommendations, the City Council is ready to submit its proposed plan to the Metropolitan Council for review pursuant to Minnesota Statutes Section 473.864; and

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the Department of Community Planning and Economic Development is hereby directed to submit the Minneapolis 2040 Comprehensive Plan to the Metropolitan Council by December 31, 2018, pursuant to Minnesota Statutes Section 473.864.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, President Bender (12) Noes: Palmisano (1) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0955 Jenkins moved approval of the following staff directions related to the 2040 Comprehensive Plan: 1. Community Planning & Economic Development staff shall develop and retain regulations for the Interior 1, 2, and 3 built form district affecting building height, setbacks, and lot coverage that closely match existing requirements for single-family homes in lower-intensity zoning districts, and supports energy-efficient design.

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2. Community Planning & Economic Development and City Coordinator staff shall coordinate with relevant departments to bring regular, but at least annual, updates on the implementation and evaluation of the Comprehensive Plan's goals, policies, and action steps to the Race Equity Subcommittee with a particular emphasis on prioritizing race equity commitments in the plan. Staff will collaborate and align with ongoing City race equity efforts including the racial equity action plan and the Racial Equity Community Advisory Committee annual evaluation report. Staff will bring the first update by March 31, 2019.

3. Community Planning & Economic Development staff shall replace all use of the terms “citizen” and “citizens” within the Comprehensive Plan, related documents, and related public communications to “resident” and “residents,” where applicable.

4. The City Coordinator’s Office, in partnership with the Community Planning & Economic Development Department, shall establish and convene a Cultural Districts Work Group comprised of the Mayor’s Office, the City Council, pertinent City departments or divisions, and community stakeholders. This Work Group will build on the October 22, 2018, Cultural Districts stakeholder meeting hosted by the Mayor and City Council and use the Cultural Districts Comprehensive Plan policy as its guiding framework to:

1. Develop a work plan to formalize the official geography of the recommended Cultural Districts, taking into consideration existing ACP50 designations and any other pre-established City designations that can be leveraged to support this work; 2. Develop recommended ordinance language to establish and designate Cultural Districts; 3. Recommend policies, practices, and budget resources to implement the Cultural Districts Comprehensive Plan policy; 4. Ensure that Cultural Districts are supported by the City's approved Comprehensive Plan, subsequent small area plans, land use, built form, and zoning policies; and 5. In collaboration with the Communications Department and other key partners, develop a recommended framework for a narrative, branding, and promotion strategy to increase the visibility and viability of Cultural Districts.

The City Coordinator's Office is charged with ensuring the Cultural Districts Work Group is comprised of a diverse representation of stakeholders with particular emphasis on engaging those working in the creative sector, small business owners, cultural institutions, and economic development groups.

The City Coordinator's Office shall report back to the Committee of the Whole on an annual basis to give a status update on the work plan. An update on the formation of the Work Group and initial framework shall be presented to the City Council no later than the end of March 31, 2019.

On motion by Palmisano, the Office of City Clerk, in conjunction with the Communications and Community Planning & Economic Development departments, was directed to present a recommended plan for Council approval which would notify all Minneapolis residents of the what to expect on zoning, development, and related land use changes resulting from the 2040 Comprehensive Plan, such plan to be broad-based and include, but not be limited to, postal mail, electronic communications, public meetings, and other forms of outreach in multiple languages.

On roll call, the result was:

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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, President Bender (12) Noes: Palmisano (1) Absent: (0) Adopted, as amended.

On behalf of the Committee of the Whole, Jenkins offered Resolution 2018R-412 designating and prescribing polling places for 2019.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-412 By Ellison

Designating and prescribing polling places for 2019.

Resolved by The City Council of The City of Minneapolis:

Be It Resolved that the following polling places be designated as listed below:

FIRST WARD PRECINCT— 1 – River Village, 2919 Randolph St NE 2 – Waite Park Recreation Center, 1810 34th Ave NE 3 – Northeast Middle School, 2955 Hayes St NE 4 – Audubon Park Recreation Center, 1320 29th Ave NE 5 – Windom Park NE Recreation Center, 2251 Hayes St NE 6 – Parker Skyview Highrise, 1815 Central Ave NE 7 – Van Cleve Park Recreation Center (Gym), 901 15th Ave SE 8 – Holland Highrise, 1717 Washington St NE 9 – Edison High School (Gym lobby), 2030 Monroe St NE 10 – Columbia Manor/Golf Club, 3300 Central Ave NE

SECOND WARD PRECINCT— 1 – Holy Trinity Lutheran Church, 2730 31st St E 2 – Sullivan Community School, 3100 28th St E 3 – Van Cleve Park Recreation Center (Multipurpose), 901 15th Ave SE 4 – Weisman Art Museum, 333 River Parkway E 5 – Pratt Community School, 66 Malcolm Ave SE 6 – St. Frances Cabrini Church, 1500 Franklin Ave SE 7 – Augsburg College Christensen Center, 720 22nd Ave S 8 – Brackett Park Recreation Center, 2728 39th Ave S 9 – Augsburg College Oren Gateway Bldg, 610 22nd Ave S 10 – Grace University Lutheran Church, 324 Harvard St SE 11 – Longfellow High School, 3017 E 31st St

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THIRD WARD PRECINCT— 1 – University Lutheran Church of Hope, 601 13th Ave SE 2 – First Congregational Church of MN, 500 8th Ave SE 3 – Marcy Open School, 415 4th Ave SE 4 – Spring Manor Highrise, 828 Spring St NE 5 – Webster Elementary School, 425 5th St NE 6 – East Side Neighborhood Services, 1700 2nd St NE 7 – Soltvå Apartments, 701 2nd St N 8 – River Towers Condominiums, 15 1st St S 9 – Open Book, 1011 Washington Ave S 10 – National Guard Armory, 1025 Broadway St NE 11 – 514 Studios, 514 3rd St N, Ste 101 12 – Minneapolis Central Library, 300 Nicollet Mall

FOURTH WARD PRECINCT— 1 – Creekview Park Recreation Center, 5001 Humboldt Ave N 2 – Jenny Lind Elementary School, 5025 Bryant Ave N 3 – Cityview Community School, 3350 4th St N 4 – Loring Community School, 2600 44th Ave N 5 – Folwell Park Recreation Center, 1615 Dowling Ave N 6 – Hamilton Manor Highrise, 1314 44th Ave N 7 – St Austin Church, 4050 Upton Ave N 8 – Parkway United Church of Christ, 3120 Washburn Ave N

FIFTH WARD PRECINCT— 1 – Urban Research & Outreach Center (UROC), 2001 Plymouth Ave N 2 – North Regional Library, 1315 Lowry Ave N 3 – North Commons Park Recreation Center, 1801 James Ave N 4 – North Point Health & Wellness Center, Inc., 1315 Penn Ave N 5 – Franklin Middle School, 1501 Aldrich Ave N 6 – Heritage Commons at Pond’s Edge, 350 Van White Memorial Blvd 7 – Phyllis Wheatley Community Center – Bethune Park, 1301 10th Ave N 8 – Farview Park Recreation Center, 621 29th Ave N 9 – Harrison Park Recreation Center, 503 Irving Ave N

SIXTH WARD PRECINCT— 1 – Heltzer Manor Highrise, 2121 Minnehaha Ave 2 – Seward Towers East, 2910 Franklin Ave E 3 – Coyle Community Center, 420 15th Ave S 4 – Elliot Park Recreation Center, 1000 14th St E 5 – Phillips Community Center, 2323 11th Ave S 6 – Mindekirken (Norwegian Lutheran Memorial Church), 924 21st St E 7 – Ebenezer Towers, 2523 Portland Ave S 8 – Ebenezer Park Apartments, 2700 Park Ave 9 – Minnesota Church Center, 122 Franklin Ave W

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SEVENTH WARD PRECINCT— 1 – Bryn Mawr Community School, 252 Upton Ave S 2 – St. Paul’s Episcopal Church, 1917 Logan Ave S 3 – First Unitarian Society, 900 Mount Curve Ave 4 – Jones Harrison Residence, 3700 Cedar Lake Ave 5 – St Mark’s Episcopal Cathedral, 519 Oak Grove St 6 – Westminster Presbyterian Church, 1200 Marquette Ave 7 – Bryn Mawr Community School, 252 Upton Ave S 8 – Emerson Spanish Immersion School, 1421 Spruce Place 9 – Temple Israel, 2324 Emerson Ave S 10 – Minnesota Church Center, 122 Franklin Ave W

EIGHTH WARD PRECINCT— 1 – Horn Towers Highrise, 3121 Pillsbury Ave 2 – Lyndale Community School, 312 34th St W 3 – Sabathani Community Center, 310 38th St E 4 – St. Joan of Arc, 4537 3rd Ave S 5 – St. Joan of Arc, 4537 3rd Ave S 6 – Martin Luther King Park (Multipurpose), 4055 Nicollet Ave 7 – Martin Luther King Park (Gym), 4055 Nicollet Ave 8 – Bethel Evangelical Lutheran Church, 4120 17th Ave S

NINTH WARD PRECINCT— 1 – Central Gym Park Recreation Center, 3450 4th Ave S 2 – Powderhorn Park Recreation Center (Gym), 3400 15th Ave S 3 – Andersen School, 1098 Andersen Lane 4 – Little Earth of United Tribes NELC, 2438 18th Ave S 5 – Walker Community Church, 3104 16th Ave S 6 – Corcoran Park Recreation Center, 3334 20th Ave S 7 – Powderhorn Park Recreation Center (Multipurpose), 3400 15th Ave S 8 – Holy Trinity Lutheran Church, 2730 31st St E 9 – Church of Gichitwaa Kateri, 3045 Park Ave

TENTH WARD PRECINCT— 1 – Jefferson Community School (Auditorium), 1200 26th St W 2 – Jefferson Community School (Lower Gym), 1200 26th St W 3 – St. Mary’s Greek Orthodox Church, 3450 Irving Ave S 4 – Bryant Square Park, 3101 Bryant Ave S 5 – Walker Methodist Home, 3737 Bryant Ave S 6 – First Universalist Church, 3400 Dupont Ave S 7 – Whittier Park Recreation Center, 425 26th St W 8 – Whittier International School, 315 26th St W 9 – Minneapolis College of Art and Design (MCAD), 2501 Stevens Ave 10 – Spring House Ministry Center, 610 W 28th St

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ELEVENTH WARD PRECINCT— 1 – Knox Presbyterian Church, 4747 Lyndale Ave S 2 – Mayflower Church, 106 Diamond Lake Road E 3 – Windom South Park Recreation Center, 5843 Wentworth Ave S 4 – McRae Park Recreation Center, 906 47th St E 5 – Pearl Park Recreation Center, 414 Diamond Lake Road E 6 – Our Lady of Peace Church, 5426 12th Ave S 7 – The Urban Refuge Church, 5501 Chicago Ave 8 – Wenonah Campus-Lake Nokomis Community School, 5625 23rd Ave S 9 – Keewaydin Park Recreation Center, 3030 53rd St E 10 – Diamond Lake Lutheran Church, 5760 Portland Ave S

TWELFTH WARD PRECINCT— 1 – Longfellow Park Recreation Center, 3435 36th Ave S 2 – Howe Elementary School, 3733 43rd Ave S 3 – St. Peder’s Evangelical Lutheran Church, 4600 42nd St E 4 – Hiawatha School Park Recreation Center, 4305 42nd St E 5 – Nokomis Community Center, 2401 Minnehaha Parkway E 6 – Minnehaha United Methodist Church, 3701 50th St E 7 – Minnesota Veterans Home, (Bldg no. 21) 5101 Minnehaha Ave 8 – Sibley Park Recreation Center, 1900 40th St E 9 – St. Helena Catholic Church, 3204 43rd St E 10 – Morris Park Recreation Center, 5531 39th Ave S 11 – Trinity Lutheran Church of Minnehaha Falls, 5212 41st Ave S 12 – Roosevelt High School (Gym), 4029 28th Ave S 13 – Keewaydin Campus-Lake Nokomis Community School (Gym), 5209 30th Ave S

THIRTEENTH WARD PRECINCT— 1 – Bakken Museum, 3537 Zenith Ave S 2 – St John’s Episcopal Church, 4201 Sheridan Ave S 3 – Linden Hills Park Recreation Center, 3100 43rd St W 4 – St Thomas the Apostle (Gym), 2914 W 44th St 5 – Pershing Park Recreation Center, 3523 48th St W 6 – Lynnhurst Park Recreation Center, 1345 Minnehaha Parkway W 7 – Kenny Community School, 5720 Emerson Ave S 8 – Armatage Park Recreation Center, 2500 57th St W 9 – Anthony Middle School, 5757 Irving Ave S 10 – St. Luke’s Episcopal Church, 4557 Colfax Ave S 11 – Lake Harriet Methodist Church, 4901 Chowen Ave S 12 – Christ the King Church, 5029 Zenith Ave S 13 – Mt. Olivet Lutheran Church, 5025 Knox Ave S

On roll call, the result was: Ayes: Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (12)

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Noes: (0) Absent: Reich (1) Adopted.

COUNCIL ACTION 2018A-0956 The Minneapolis City Council hereby approves four enterprise operational priorities as part of the Racial Equity Action Plan, focused on spend diversity, workforce diversity, use of racially-disaggregated data, and community engagement.

On roll call, the result was: Ayes: Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (12) Noes: (0) Absent: Reich (1) Adopted.

The ECONOMIC DEVELOPMENT & REGULATORY SERVICES Committee submitted the following report: COUNCIL ACTION 2018A-0957 The Minneapolis City Council hereby approves the application for BUS STOP BREWHOUSE, 600 4TH ST S Minneapolis, MN, (Ward 3) submitted by WHC FOOD HALLS INC, BLLiquor, LIC371778, or an On Sale Liquor with Sunday Sales, Class E License, subject to final inspection and compliance with all provisions of applicable codes and ordinances.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted. Approved by Mayor Jacob Frey 12/10/2018. (Published 12/11/2018)

Goodman moved to withdraw the application for NE PALACE, 2500 4TH ST NE Minneapolis, MN, (Ward 1) submitted by NE PALACE INC, BLAmend, LIC373976, for an On Sale Liquor with Sunday Sales, Class B License, which had been recommended for denial by the Committee.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0958 The Minneapolis City Council hereby approves the application for DEMI 212/DEMI, 212 2ND ST N Minneapolis, MN, (Ward 3) submitted by DEMI 212, LLC, BLLiquor, LIC370040, for an On Sale Liquor with

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Sunday Sales, Class E License, subject to final inspection and compliance with all provisions of applicable codes and ordinances.

COUNCIL ACTION 2018A-0959 The Minneapolis City Council hereby: 1. Adopts the Business License Operating Conditions Agreement for Erik the Red, 601 CHICAGO AVE Minneapolis, MN, (Ward 6) submitted by Empire Hospitality LLC, BLAmend, LIC374198, allowing the applicant to obtain the On Sale Liquor with Sunday Sales, Class B License, subject to adherence with the conditions contained therein.

2. Approves the application for ERIK THE RED, 601 CHICAGO AVE Minneapolis, MN, (Ward 6) submitted by Empire Hospitality LLC, BLAmend, LIC373378, for an On Sale Liquor with Sunday Sales, Class B License (permanent expansion and license upgrade), subject to final inspection and compliance with all provisions of applicable codes and ordinances.

On behalf of the Economic Development & Regulatory Services Committee, Goodman offered Ordinance 2018-073 amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code, amending regulations related to administrative issuance of licenses.

The following is the complete text of the unpublished summarized ordinance.

ORDINANCE 2018-073 By Goodman Intro & 1st Reading: 11/2/2018 Ref to: EDRS 2nd Reading: 12/7/2018

Amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code.

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The City Council of the City of Minneapolis do ordain as follows:

Section 1. That Section 244.1240 of the above-entitled ordinance be amended to read as follows:

244.1240. - Posting of license. Every current hotel license issued by the city council shall be conspicuously posted by the operator either at the hotel registration desk or in a public corridor or lobby. Said license shall be in a frame with a glass covering and shall remain posted at all times.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Economic Development & Regulatory Services Committee, Goodman offered Ordinance 2018-074 amending Title 13, Chapters 259, 265, 267, 269, 271, 272, 277, 281, 283, 287, 293, 295, 311, 313, 319, 322, 325, 341, and 350 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations: In General; Special Permits for Specific Businesses and Uses; Amusements; Asphalt Shingle and Roofing Material Manufacture; Auctions and Auctioneers; Resin Manufacturing; Building Trades Licenses; Tobacco Dealers; Courtesy Benches; Filling Stations; Going Out of Business Sales; Mobile Food Stores; Motor Scooter Leasing; Motor Vehicle Dealers; Open Air Motor Vehicle Parking Lots; Precious Metal Dealers; Pest Control; Taxicabs; and Recycling Activities and Salvage Yards, amending regulations related to administrative issuance and transferring of licenses.

The following is the complete text of the unpublished summarized ordinance.

ORDINANCE 2018-074 By Goodman Intro & 1st Reading: 11/2/2018 Ref to: EDRS 2nd Reading: 12/7/2018

Amending Title 13 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations.

The City Council of the City of Minneapolis do ordain as follows:

Section 1. That Section 259.30 contained in Chapter 259, In General, be amended to read as follows:

259.30. - Applications for licenses; issuance of licenses. (a) All applications for licenses and license permits shall be made to the licensing official, and in all cases where the issuance of a license or license permit is required to be authorized and directed by the city council, the application for such license or license permit shall be forthwith presented by the licensing official to the council for its consideration.

(b) Staff approved licenses means those licenses which can be approved and issued by the licensing official, subject to the procedures required by these chapters. The following licenses can be approved and issued or denied by the licensing official, or the licensing official may refer the application to the city council for

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Staff Approved Licenses Chapter Asphalt Shingle and Roofing Material Manufacture Chapter 269 Bed and Breakfast Chapter 297 Billboard Erector Chapter 277 Body Art Establishment Chapter 339 Body Art Temporary Event Chapter 339 Chapter 478, Article Car Sharing XI Car Wash Chapter 265 Carnival Chapter 267 Charitable Gambling Chapter 268 Children's Rides Chapter 267 Christmas Trees Dealer Chapter 279 Circus Chapter 267 Commercial Animal Care Provider Chapter 63 Commercial Donation Bins Chapter 283 Courtesy Bench Chapter 283 Dance Hall Chapter 267 Dancing School Chapter 285 Dry Cleaner—Flammable, Non-Flammable, Dry Cleaning Plant Laundry Chapter 301 Exhibitions and Temporary Markets Chapter 321 Extended Hours of Operation Chapter 309 Extended Hours of Operation, Temporary Chapter 309 Farm Produce Permit Chapter 265 Farm Produce Permit—Non Profit Chapter 265 Fire Extinguisher Servicing—Class A and B Chapter 289 Flower Cart Vendor Chapter 331 Flower Cart Vendor, Midseason Transfer Chapter 331 Food—Confectionary Chapter 188 Food—Boarding House Chapter 188 Food—Caterer Chapter 188

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Food—Distributor Chapter 188 Food—Indoor Food Cart Vendor Chapter 188 Food—Institutional Food Chapter 188 Food—Grocery Chapter 188 Food—Grocery, Accessory Use Chapter 188 Food—Kiosk Chapter 188 Food—Limited Mobile Food Vendor Chapter 188 Food—Manufacturer Chapter 188 Food—Market Distributor Chapter 201 Food—Market Manufacturer Chapter 201 Food—Meat Market Chapter 190 Food—Mobile Food Vendor Chapter 188 Food—Municipal Market Chapter 202 Food—Public Market Chapter 201 Food—Restaurant Chapter 188 Food—Sidewalk Cart Food Vendor Chapter 188 Food—Soft Drink Chapter 188 Food Shelf Chapter 188 Food—Short Term Food Permit Chapter 188 Food—Short Term Food Permit, Seasonal Chapter 188 Food—Vending Machine Chapter 188 Fuel Dealer—Cash and Carry Only Chapter 291 Gas Fitter—Class A and B Chapter 278 Gasoline Filling Station Chapter 287 Going Out of Business Sale (Regular, Fire, Smoke, Disaster, City Acquired Chapter 293 Property) Heating, Ventilation and Air Conditioning Installers, Class A and B Chapter 278 Hoofed and/or Small Animal Service Chapter 304 Horse and Carriage Livery Service Chapter 303 Hotel Chapter 297 Juke Box—Musical Chapter 267 Laundry Chapter 301 Liquid Waste Hauler Chapter 225

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Lodging Establishment Chapter 244 Lodging Establishment with Boarding Chapter 244 Massage and Bodywork Establishment Chapter 286 Mechanical Amusement Device Chapter 267 Mechanical Amusement Places Chapter 267 Mobile Food—Prepackaged Perishable Food Chapter 188 Mobile Food Store Chapter 295 Mobile Food Vehicle, Non-Profit Free Food Distributor Chapter 188 Mobile Food Vehicle Vendor Chapter 188 Mobile Pet Care Vehicle Chapter 63 Motor Scooter Leasing Chapter 311 Motor Vehicle Immobilization Service Chapter 320 Motor Vehicle Dealer Chapter 313 Motor Vehicle Repair Garage Chapter 317 Motor Vehicle Servicing—Towing Chapter 349 Motor Vehicle Servicing—Towing, Class A Driver Chapter 349 Oil Burner Installer Chapter 278 Parking Lot (Commercial, Class A, B, and C) Chapter 319 Pedal Car Company Chapter 306 Pedal Car Driver Chapter 306 Pawnbrokers Chapter 324 Pedicab Company Chapter 305 Pedicab Driver Chapter 305 Peddler Chapter 332 Pet Shop and Mobile Pet Shop Chapter 68 Place of Entertainment Chapter 267 Plumber Chapter 278 Pool and Billiard Hall Chapter 267 Precious Metal Dealers Chapter 322 Recycling or Salvage Yard Chapter 350 Refrigeration Systems Installer Chapter 278 Rental Hall Chapter 266 Rental Hall, Temporary Chapter 266

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Residential Specialty Contractor Chapter 277 Resin Manufacturing Chapter 272 Secondhand Goods Chapter 321 Shooting Gallery Chapter 267 Short-Term Rental Hosting Platform Chapter 351 Sidewalk Cafe Chapter 265 Sign Hangers Chapter 277 Solicitor Chapter 332 Solid Waste Hauler Chapter 225 Special All-Night Bowling, Pool or Billiards Chapter 360 Special Late Hours Food Chapter 360 Steam and Hot Water Installer Chapter 278 Street Photographer Chapter 335 Sun Tanning Facility Chapter 232 Swimming Pools—Public Chapter 231 Tattoo, Sponsor for Temporary Event (Establishment) Chapter 339 Taxi Service Company Chapter 341 Taxicab—Driver Chapter 341 Taxicab—Vehicle Chapter 341 Theater Chapter 267 Tobacco Dealer Chapter 281 Transient Merchant Chapter 332 Transportation Network Company Chapter 343 Tree Servicing Chapter 347 Used Motor Vehicle Parts Dealer Chapter 348 Valet Parking Chapter 307 Wholesale Sausage Manufacturer and/or Distributor Chapter 190 Wrecker of Buildings—Class A and B Chapter 277

(c) In the event that the licensing official denies the license application for a staff approved license, the application for the license shall be presented by the licensing official to the council for its consideration. The city council shall have the final authority to issue or deny a license which had been denied by the licensing official.

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(d) The licensing official may designate license applications that require the submission of a business plan containing the information required in section 362.120(z) of this Code.

Section 2. That Section 265.210 contained in Chapter 265, Special Permits for Specific Businesses and Uses, be amended to read as follows:

265.210. - Permit required. No person, copartnership or corporation shall hereafter build, rebuilt, enlarge, alter, place, keep, use or maintain within the city any structure or premises for the operation of a car-wash establishment as herein defined without first obtaining from the city council a permit to do so pursuant to this chapter.

Section 3. That Section 265.280 contained in Chapter 265, Special Permits for Specific Businesses and Uses, be amended to read as follows:

265.280. - Authorized; permit required. (a) Any licensee under Chapter 188, 362 or 366 of this Code who is licensed to sell food, beer or liquor for consumption on designated premises may apply to the city council by and through the licensing official for a special permit to conduct a portion of such licensed business in a sidewalk café on a part of the public way immediately adjoining the licensed premises. Such permit shall be valid for one (1) year from the date of council approval.

(b) To the extent authorized in any such special permit granted under the provisions of this article, the permittee may conduct such licensed business on the public way, notwithstanding the provisions of sections 186.40, 364.40, 368.40 and 427.130 of this Code.

Section 4. That Section 265.320 contained in Chapter 265, Special Permits for Specific Businesses and Uses, be amended to read as follows:

265.320. - Permit suspension and revocation. (a) Any special permit authorized by this article may be revoked at any time by the city council. Any such permit may be suspended by the city council for such period as the council shall determine.

(b) Upon the conviction of the permittee, agent, servant or employee for the violation of any city ordinance or state law in connection with the ownership, maintenance, or operation of such sidewalk café, the permit therefor shall automatically become suspended, which suspension shall continue until the council has acted thereon.

Section 5. That Article II, Sections 267.120 through 267.190, contained in Chapter 267, Amusements, be and is hereby repealed.

ARTICLE II. - ADULTS-ONLY BOOK STORES

267.120. - Defined. The term "adults only bookstore" as used in this article means a store in the business of selling new books, magazines or pictures, where either (1) the store advertises that its merchandise is for "adults only" or any other similar phrase; or (2) a person under the age of eighteen (18) is not permitted to enter the premises, or a part thereof otherwise open to the public.

267.130. - License required. No person shall own or operate an adults-only bookstore without being licensed under this article.

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267.140. - Application. Application for a license under this article shall be made to the licensing official in writing and shall state the name and address of the owner and the operator, the location of the premises, and whether the owner or operator has been convicted of a violation of Minnesota Statutes, Sections 617.291 through 617.297, or of a law of another state or federal law of similar effect.

267.150. - License fee. The annual fee for a license under this article shall be as established in Appendix J, License Fee Schedule.

267.160. - When licenses expire. Licenses issued under this article shall expire on December first of each year.

267.170. - Issuance of license. The licensing official shall upon application and payment of the annual license fee issue a license effective for ninety (90) days, or until the expiration date, or until notification of denial by the city council, whichever is less. The licensing official shall notify the city council of any license issued. The license shall become effective for the remainder of the license year except where the council denies the license within ninety (90) days of the application.

267.180. - Grounds for denial. An application may be denied by the council only for the reason that the owner or operator has been convicted of a violation of Minnesota Statutes, Sections 617.291 through 617.297, or of a law of another state or federal law of similar effect, in the two (2) years preceding the application.

267.190. - Grounds for revocation. A license may be revoked by the council only when the owner or operator has been convicted during the license period of a violation of Minnesota Statutes 617.291 through 617.297, or of a law of another state or federal law of similar effect.

Section 6. That Section 267.490 contained in Chapter 267, Amusements, be amended to read as follows:

267.490. - Application for license; issuance. Any person desiring to carry on any carnival in the city may file with the licensing official an application in writing to the city council. Such application shall be made on forms furnished by the licensing official and shall include the name, address and date of birth of the owner and of the manager; and the proposed location of the carnival and the dates on which and the hours during which the carnival will be operated. The completed application shall be presented to the city council at its first meeting thereafter, and the city council may consider such application and in its discretion may grant or refuse to grant such license. No such license shall be issued unless authorized by the council.

Section 7. That Section 267.850 contained in Chapter 267, Amusements, be amended to read as follows:

267.850. - License required; Class A license; Class B license; Class C license. No person shall operate any place where amusement devices are used or are displayed for use without being licensed when and as provided in this article. A place that is not licensed for on-sale of liquor, wine or beer and which has three (3) or fewer amusement devices may have amusement devices subject to notification and approval of the city council licensing official. There shall be three (3) classes of licenses known as Class A, Class B, and Class C. The following are not required to be licensed regardless of the number of amusement devices used or displayed for use:

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(a) (1) Places where such devices are held in storage or for sale and are not actually in use or displayed for use.

(b) (2) Places owned and operated by a public corporation.

(c) (3) Establishments holding on-sale licenses for the sale of liquor, wine or beer so long as said establishment excludes from the premises all persons under eighteen (18) years of age, except when accompanied by a parent or guardian.

Section 8. That Section 267.880 contained in Chapter 267, Amusements, be and is hereby repealed.

267.880. - Transfer of licenses. Licenses issued under this article may be transferred from person to person or from place to place with the consent of the city council or issuing authority.

Section 9. That Section 267.1130 contained in Chapter 267, Amusements, be amended to read as follows:

267.1130. - Application for license. Any person desiring to operate or conduct a place of entertainment shall apply to the licensing official for a license to do so, upon forms supplied by the licensing official. The licensing official shall present a copy of the application to the fire department for its report and recommendation. No license shall be issued except upon the approval of the city council. A complete application for a license hereunder shall contain all of the following:

(1) The full name of the applicant, place and date of birth, and current residential address.

(2) The full name, place, date of birth and address of the owner or proprietor of the building for which a license is desired.

(3) The applicants' social security number and Minnesota business identification number, as required by Minnesota Statutes Section 270.72. For purposes of this requirement, "applicant" means an individual if the license is sought for or in the name of an individual or the corporation or partnership if the license is sought for or in the name of a corporation or partnership. "Applicant" also means an officer of a corporation, a member of a partnership, or an individual who is liable for delinquent taxes.

(4) A scaled diagram showing the floor plan and the location of the building or buildings, and the part or portion thereof intended to be used in the conduct of such business and under such license.

(5) The full name(s), place(s) and date(s) of birth, residential address(es) of all partners or persons interested therein, including the on-site manager of the business; if a corporation, the state of incorporation; the name(s), place(s) and date(s) of birth of all officers, directors and stockholders controlling at least ten (10) percent of the outstanding shares issues.

(6) The nature of the business to be conducted.

Section 10. That Section 267.1155 contained in Chapter 267, Amusements, be amended to read as follows:

267.1155. - Procedure for determining application. (a) The licensing official shall, within thirty (30) days, of receipt of a complete application, recommend to the city council that determine whether the

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(b) Judicial review of adverse license action must be by writ of certiorari to the court of appeals. A petition for a writ of certiorari must be filed with the court of appeals and served on the city not more than thirty (30) days after the party receives the final decision of the city council.

(c) The operational status of the applicant or licensee shall be maintained pending appeal. This status may be challenged at any time by motion to the district court. The district court may issue temporary injunctive or other temporary equitable relief as authorized by law. The district court shall issue an initial decision within fourteen (14) days of filing of the motion. The district court's order shall remain in effect until a final decision of the appeal is issued, unless otherwise modified by the district court or court of appeals.

Section 11. That Section 267.1240 contained in Chapter 267, Amusements, is hereby repealed.

267.1240. - Transfer of license. Licenses issued hereunder may be transferred from person to person upon payment of a transfer fee as provided in section 261.50.

Section 12. That Section 267.1310 contained in Chapter 267, Amusements, be amended to read as follows:

267.1310. - Application for license; publication. Any person desiring a license shall apply in writing to the city council by filing such application with the licensing official. Such applications shall show, in addition to any other information required, the total square foot area of the proposed dance hall.

Section 13. That Section 267.1380 contained in Chapter 267, Amusements, be amended to read as follows:

267.1380. - Liquor and beer. No intoxicating liquor or 3.2 beer shall be served or consumed in any public dance hall where such public dancing constitutes the principal feature; provided, that nothing herein shall be construed to restrict or prohibit such sale in a duly licensed hotel, restaurant or club where dancing is permitted under license from the city council, in the dining room thereof and as an incident thereto.

Section 14. That Section 267.1845 contained in Chapter 267, Amusements, be amended to read as follows:

267.1845. - Procedure for determining application. The licensing official shall, within thirty (30) days of receipt of the application, recommend to the city council that the application be granted or denied. The city council shall act upon the recommendation within sixty (60) days of receipt. In the event of denial, the licensing official shall institute proceedings for an injunction against further operation and shall assume the burden of proof in such judicial proceedings.

Section 15. That Section 269.10 contained in Chapter 269, Asphalt Shingle and Roofing Material Manufacture, be amended to read as follows:

269.10. - License required. No person shall manufacture asphalt shingles, roofing materials or roofing tarvia without first obtaining a license to do so from the city council pursuant to this chapter.

Section 16. That Section 269.20 contained in Chapter 269, Asphalt Shingle and Roofing Material Manufacture, be amended to read as follows:

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269.20. - Application and investigation. Application for such license shall be made to the city council on forms supplied by it, the licensing official which shall include a statement of the address where such manufacturing is to be conducted. Before the issuance of any such license, the licensing official, the health inspector and the chief of the fire department shall be notified of the application therefor. If any such official, after proper investigation shall file objections, the city council, after a hearing thereon, may refuse for cause to grant or reissue such license.

Section 17. That Chapter 271, Auctions and Auctioneers, contained in the above-entitled ordinance be and is hereby repealed.

CHAPTER 271. - AUCTIONS AND AUCTIONEERS

271.10. - Definitions. As used in this chapter: Auctioneer shall mean anyone who sells goods, wares or merchandise of any kind at public auction for anyone including for personal account; and any person who sells his or her own goods or property at public auction or private auction is an auctioneer within the meaning of this chapter. The provisions of this chapter shall not apply to judicial or sheriff's sales or sales made by executors or administrators, or to mortgage or lien foreclosure sales. Sale by public auction shall include a sale by so-called Dutch auction and any sale in which, instead of the bidders making increasingly higher bids for an article or articles of merchandise, the seller or auctioneer announces a price at which one or more articles of merchandise will be sold, and then, if no sale occurs, increasingly adds additional articles of merchandise to those originally offered, with or without varying the previously announced price, until a buyer is finally induced to buy the accumulated articles at the price fixed.

271.20. - License required; state license prerequisite. No person shall carry on the business of auctioneer without being licensed under this chapter. No person shall be granted such license unless he is licensed under Chapter 330, Minnesota Statutes.

271.25. - Exceptions. The provisions of this chapter shall not apply to any person conducting an auction or acting as an auctioneer for any religious, charitable or nonprofit organization where such person receives no remuneration, compensation or gratuity of any kind.

271.30. - Application for license; qualifications of licensee. Any person desiring to carry on the business of auctioneer shall be of good moral character, and shall file with the licensing official an application upon a form to be prepared by the licensing official. Such application shall be under oath and shall contain the following information: The name of the applicant, the residence address of the applicant, and the place of business of said auctioneer, the name of the bonding company which has issued the bond required by the laws of the State of Minnesota, and the names of three (3) or more residents of the city who can vouch for the integrity and character of the applicant. Except as is provided by said Chapter 330, Minnesota Statutes, no person not a resident of the County of Hennepin shall be entitled to a license as an auctioneer in the city; and provided further that no license shall be issued to a person not a resident of Hennepin County unless the place of residence of such applicant authorizes the issuance of licenses to residents of the city on the same or similar basis as its own residents.

271.40. - Bond. Each applicant for a license shall accompany the application with a bond by a reputable surety company in the amount of not less than five thousand dollars ($5,000.00), which bond shall run to

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271.50. - License fee. The annual license fee shall be one hundred twenty-five dollars ($125.00), and shall not be prorated, regardless of other provisions of this Code. In addition to the fee specified above, an additional fifty-nine-dollar ($59.00) fee shall be paid by an applicant:

(1) Upon initial application for an auctioneer license, and

(2) Upon application for an auctioneer's license after failing to renew the license within one year of the expiration date of the previously held license. This fifty-nine-dollar ($59.00) fee shall not be prorated.

(b) Each applicant shall also pay a thirty-nine-dollar ($39.00) inventory inspection fee for each public auction. Payment of this fee is required at such time as the inventory for said sale is submitted.

271.60. - When licenses expire. Licenses issued under this chapter shall expire on October first of each year.

271.70. - Transfer of license. Licenses granted hereunder may not be transferred from person to person, but may be transferred from place to place with consent of the city council upon payment of a fee as provided by section 261.50.

271.80. - Revocation of license. Licenses granted hereunder may be revoked by the city council at any time, and by the court upon conviction of the holder thereof of violation of this chapter, or whenever such revocation may be authorized or required by the laws of this state. In case of revocation thereof by the city council, the whole amount paid therefor shall be forfeited.

271.90. - Special permit required. No license shall permit conduct of the business in any building or place in the city without a special permit therefor being first granted by the city council. Licenses granted auctioneers shall confer upon them the privilege of conducting auction sales anywhere in the city, except upon the sidewalks or streets thereof.

271.100. - Invoice of articles sold. Every person whose property is being sold at auction shall give to each and every purchaser a written invoice or statement containing a full description of the article or articles sold and the selling price thereof, and each and every warranty under which the article or articles are sold.

271.110. - False representations prohibited; buyer may sue. (a) No auctioneer shall make or cause to be made any false, fraudulent or misleading representations or statements in respect to the character, kind, quality, condition, ownership, situation or value of any property exposed, put up or offered for sale at public auction, and no auctioneer shall put up or offer for sale at public auction any article or property in respect to which any false, fraudulent or misleading statement or representation shall have been made as to the character, kind, quality, condition, ownership, situation or value of any such property.

(b) Any person who shall purchase any property at public auction in respect to which any false, fraudulent or misleading representation or statement as to the character, kind, quality, condition, ownership, situation or value of such property shall have been made by the auctioneer, or to his or her knowledge, may sue and recover from the auctioneer conducting such sale, or in whose name it shall have been

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271.120. - Statement as to precious metal content. Whenever an auctioneer sells or offers for sale any watch or watches, jewelry or other articles made or purporting to be made of gold, silver or other precious metal the auctioneer shall state in a loud and distinct voice whether the article offered is of gold, silver or base metal, and no watch, watch case, jewelry or other article shall be described or sold as gold or silver unless it shall be at least of the fineness of fourteen (14) carats, as known to the trade; and if any watch, watch case, jewelry or other article sold or offered for sale shall be plated with either gold or silver, the person selling or offering it for sale shall, before selling the same, distinctly state that it is plated and shall state with what metal it is plated.

271.130. - Refund on purchase of precious metals. An auctioneer selling or offering for sale, either for personal account or on commission, or as agent for others, any watch or watches, jewelry or other article purporting to be made or partly made of gold, silver or other precious metal, or resembling or made in imitation of such metals, whether plated or otherwise, shall retain in possession the money or other valuable thing received for such goods for at least twenty-four (24) hours from the time such sale was made. If any purchaser of any of such goods shall within said twenty-four (24) hours make a claim against said auctioneer upon the ground that the goods sold at auction were not correctly described by the auctioneer, as required by this chapter, and shall demand of the auctioneer a return of the money or other consideration paid for such goods or merchandise, and shall offer to return the goods so purchased, then the auctioneer shall either refund to said purchaser the price paid for such goods or articles, or if said auctioneer refuses to refund said purchase price shall hold the purchase price and money received for such goods or articles as a separate and distinct fund to answer and pay any judgment that may be recovered by the purchaser. If no action is commenced against said auctioneer within ten (10) days from the date of such a sale, the auctioneer shall no longer be required to hold such money or purchase price.

271.140. - Tags on articles to be sold. No auctioneer or other person shall offer or cause to be offered for sale or sell at public auction any article or property of any kind whatever, unless there is securely attached to the article so offered for sale or sold at public auction a tag, card or label upon which there shall be plainly written or printed in English a true and correct statement of the kind and quality of such article, the kind and quality of the metal of which the article is made or composed, and the percentage of carat of purity of such metal. In case the article is plated or overlaid, then the label shall contain a true statement of the kind of plate and the percentage of purity of such plating and the kind of material or metal covered. In case the article is a precious or semiprecious stone, such statement shall contain the true name, weight, quality and fineness of said stone. In case the article is an imitation of a precious or semiprecious stone, the article shall be described as such, and the statement shall contain the true name of the manufacturer thereof. In case any secondhand or old movement or substitute part or movement of any watch or clock is offered for sale in a new case, such fact shall be set forth in the statement. No such article so sold or offered for sale shall bear any false or misleading name, description or trademark.

Such tag, card or label shall remain securely attached to any such article so sold or offered for sale at public auction and shall be delivered to the purchaser by the auctioneer or person so selling the same or causing the same to be so sold as a correct description and representation of the article and property so sold; and it shall be deemed prima facie evidence of intent to defraud in case said statement is not a true and correct description and representation of such article so sold.

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271.150. - Inventory required. The applicant shall file with the licensing official an inventory stating the name and address of the person, partnership, firm or corporation who shall be the true owner of the merchandise to be sold, the address at which said sale will be held, the period of time during which the sale will continue, and the name of the person to be in charge of such sale, and said inventory shall contain a legible, orderly, detailed, complete and accurate descriptive list of the merchandise to be offered for sale at such auction, which inventory shall include only such merchandise as the applicant expects to include in such sale, located on the premises described or in any warehouse, except that it may include such undelivered merchandise as may have been ordered on a pending purchase order not later than thirty (30) days prior to the council member's consent; the regular wholesale price of the items (or lots of identical items) of merchandise to be sold at which the same had last been sold or offered for sale by the applicant, if applicant is a wholesaler; the regular retail price of the items (or lots of identical items) of merchandise to be sold at which the same have last been sold or offered for sale by the applicant if the applicant is a retailer; and insofar as reasonably possible on the basis of available record data regularly kept by the applicant, the date of acquisition of such goods, wares and merchandise and the persons from whom obtained. The inventory shall be verified under oath by the person or by the general managing officer or agent, person, firm or corporation owning the merchandise. No merchandise not described in the inventory shall be added to or included with that specified in the inventory filed with the licensing official, and no person shall offer for sale at any auction any merchandise not included in the inventory so filed, and each such attempt or act of selling or offering for sale at any such auction any merchandise or item not originally included in the inventory shall constitute a separate violation of this chapter.

271.160. - False bidding. At any auction sale described in this chapter, no person shall act or employ another to act as buy-bidder, or what is commonly known as "capper" or "booster," or make or accept any false or misleading bid or falsely pretend to buy or sell any article sold or offered for sale at any such auction.

271.170. - Hours of sale. No auction shall be held between the hours of 12:00 midnight and 8:00 a.m. of any day.

271.180. - Sales outside premises. No auctioneer shall sell or expose for sale any kind of property outside of the building or lot occupied for the purpose of the business, nor at the door of such building or so near the same as to attract or keep a crowd upon any street or sidewalk of the city.

271.190. - False advertising. No person shall use the words "auction sale" or "action sale" or "auction" or "action," or any other word or words similar to the word "auction," in advertising, announcing or conducting any sale of personal property other than a bona fide auction sale held or conducted pursuant to the provisions of this chapter.

Section 18. That Section 272.30 contained in Chapter 272, Resin Manufacturing, be amended to read as follows:

272.30. - Application procedure. An application for a resin manufacturing license shall be made upon forms provided by the licensing official. The licensing official shall cause to be investigated the matters contained therein, and convey approval or disapproval of the application to the appropriate committee of the city council. The application shall contain such information as the licensing official may require as well as the following:

(a) (1) The name and resident address of the applicant;

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(b) (2) The type of business for which the license application is made;

(d) (4) The street address of the process or processes for which application is being made.

Section 19. That Section 272.60 contained in Chapter 272, Resin Manufacturing, be and is hereby repealed.

272.60 - Transferability. Licenses issued under this chapter shall only be transferable upon approval of an application to transfer, to be submitted to the licensing official and upon payment of a transfer fee of twenty dollars ($20.00).

Section 20. That Section 277.2650 contained in Chapter 277, Building Trades Licenses, be amended to read as follows:

277.2650. - Application. Any person, firm or corporation desiring a license as required by section 277.2640 shall make application to the city council, upon such form as shall be provided by the licensing official. Such application shall state the name, residence and business address of the applicant, whether the applicant desires to engage in such business personally or by the employment of others, and if by the employment of others, the number of persons to be employed. Such application shall contain such other and further information as may be required by the licensing official.

Section 21. That Section 277.2670 contained in Chapter 277, Building Trades Licenses, be and is hereby repealed.

277.2670. - Issuance of license. The application shall be presented to the city council at the next meeting after its filing, and if ordered by the city council, a license shall be issued to the applicant, which shall be known as and designated "Billposting and Sign Painting License." The license shall be assigned a number by the licensing official, which number shall be placed on such license.

Section 22. That Section 281.20 contained in Chapter 281, Tobacco Dealers, be amended to read as follows:

281.20. - Application for license; referral and action. Any person desiring to obtain a tobacco dealers license shall file with the licensing official a written application to the city council stating the full name and address of the applicant for such license, and the fixed location of the building or buildings and the part or portions thereof intended to be used by the applicant under such license. No license shall be granted for the purpose of dispensing tobacco from a motor vehicle.

Section 23. That Section 281.85 contained in Chapter 281, Tobacco Dealers, be amended to read as follows:

281.85. - Location restrictions. (a) No tobacco dealers license shall be issued or granted for any use established in the C-1 zoning district after July 25, 2008.

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(b) Notwithstanding subsection (a), the city council may grant a tobacco dealers license for a use established in a C-1 zoning district after July 25, 2008, if unless all of the following requirements are met:

(1) The use is a full service grocery store in compliance with the minimum square footage sales area and staple food requirements of section 203.20;

(2) The use is not an accessory use grocery store as defined in section 203.10; and

(3) The use is not a tobacco product shop as is defined in section 281.10.

Section 24. That Section 283.240 contained in Chapter 283, Courtesy Benches, be amended to read as follows:

283.240. - Transfer of benches. Any bench may be transferred from one location to another upon approval of the licensing official if a new application therefor, approval by the city council is filed and in compliance with all the conditions of this chapter and the payment of a transfer fee as established in Appendix J, the License Fee Schedule.

Section 25. That Section 287.80 contained in Chapter 287, Filling Stations, be amended to read as follows:

287.80. - Prohibited on streets, sidewalks, public grounds, refuse, trash or debris. No such license shall be issued to any person for keeping, conducting, maintaining or operating any gasoline filling station or bulk oil plant on or under any sidewalk or any portion of any public street or highway or public ground within the city. Provided, however, that nothing in this chapter shall prevent the issuance of such license by the city council to any person to keep, conduct, maintain or operate any such gasoline filling station or bulk oil plant which station actually existed and was operated on October 1, 1924. All refuse must be removed from the licensed premises and on public areas within one hundred (100) feet of the licensed premises.

Section 26. That Section 293.70 contained in Chapter 293, Going Out of Business Sales, be amended to read as follows:

293.70. - License fee. Upon the filing of such application and inventory in duplicate and the payment to the city of a fee as established in Appendix J, the License Fee Schedule, the application shall be investigated by the licensing official and as soon as practicable referred to the appropriate committee of the council; provided, where the City of Minneapolis has purchased or condemned the property at which the business is conducted, the applicant may obtain a special nonrenewable license effective for only thirty (30) days upon payment to the city of a fee as established in Appendix J, the License Fee Schedule. The said committee shall then examine the application and supporting data and recommend to the council the granting or denial of such license.

Section 27. That Section 293.80 contained in Chapter 293, Going Out of Business Sales, be amended to read as follows:

293.80. - Term; renewals authorized. Licenses issued hereunder shall be for a period of not to exceed forty-five (45) days. Upon satisfactory proof that all of the merchandise listed in the inventory attached to the original application has not been disposed of and that no items of merchandise not listed in such

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Section 28. That Section 295.10 contained in Chapter 295, Mobile Food Stores, be amended to read as follows:

295.10. - License required. No person shall maintain, use, conduct or operate within the city any mobile food store of any kind for transportation from place to place, and sale of, any groceries, meats, provisions and miscellaneous goods, wares and merchandise of any kind without first having procured a license to do so from the city council pursuant to this chapter.

Section 29. That Section 295.20 contained in Chapter 295, Mobile Food Stores, be amended to read as follows:

295.20. - Application for license. Any person desiring a license under this chapter shall file with the licensing official a written application to the city council for such license, stating in such application the full name and address of the owner or proprietor of the mobile food store to be conducted and operated by the applicant, and for which a license is desired, and the kind of groceries, meats, provisions and miscellaneous goods, wares and merchandise the applicant desires to transport and sell under such license.

Section 30. That Section 311.60 contained in Chapter 311, Motor Scooter Leasing, be amended to read as follows:

311.60. - Insurance required. Each applicant for a license shall submit with the application with an insurance policy or certificate thereof by an insurance company authorized to do business in the State of Minnesota, approved by the city council, insuring the licensee and all lessees or licensees driving one of its motor scooters against loss in the sum of at least five thousand dollars ($5,000.00) for injury to or death of any one person, and ten thousand dollars ($10,000.00) for injury to or death of more than one person in any one accident resulting from the negligent operation, use or defective condition of any motor scooter belonging to the licensee. Every such policy of insurance shall contain a provision for a continuing liability thereunder for the term of the license to the full amount thereof, notwithstanding any recovery thereon. Every such insurance policy shall contain an endorsement to the effect that the liability under such policy shall not be affected by reason of any such motor scooter having been leased to or rented by a minor, under contract.

Section 31. That Section 311.70 contained in Chapter 311, Motor Scooter Leasing, be and is hereby repealed:

311.70. - Recommendation by council member. Each application for such license shall be submitted to the council member of the ward in which such proposed motor scooter business is to be conducted, for his or her recommendation to the city council.

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Section 32. That Section 311.80 contained in Chapter 311, Motor Scooter Leasing, be amended to read as follows:

311.80. - Investigation. Upon the filing of such application, the licensing official shall investigate the traffic conditions in the immediate vicinity of applicant's proposed motor scooter business place, particularly during Saturdays and holidays, and report and recommend thereon to the city council.

Section 33. That Section 313.70 contained in Chapter 313, Motor Vehicle Dealers, be and is hereby repealed.

313.70. - Transfer of licenses. Licenses hereunder may not be transferred from person to person, but may be transferred from place to place with city council consent.

Section 34. That Section 319.40 contained in Chapter 319, Open Air Motor Vehicle Parking Lots, be amended to read as follows:

319.40. - License-granting procedure. Prior to the issuance of a Class A or B license, the city council shall determine if the parking lot complies with all the provisions of this chapter, other applicable provisions of the Code, and state statutes and regulations. If all such provisions are met and proper application has been made, the city council may grant the license. Prior to the issuance of a Class A, B, or C license, the licensing official shall determine if the parking lot complies with all the provisions of this chapter, other applicable provisions of the Code, and state statutes and regulations. If all such provisions are met and proper application has been made, the licensing official may grant the license.

Section 35. That Section 319.80 contained in Chapter 319, Open Air Motor Vehicle Parking Lots, be and is hereby repealed.

319.80. - Transfer of licenses. No license issued under this chapter shall be transferable except upon application in the same manner as for a new lot, and approval by the city council.

Section 36. That Section 319.110 contained in Chapter 319, Open Air Motor Vehicle Parking Lots, be amended to read as follows:

319.110. - Inspections required; notice, correction of violations. (a) At such times as deemed necessary, the licensing official shall inspect every parking lot located within the city. In the event a parking lot is found not in compliance with any of the provisions pursuant to this chapter a written notice shall be served personally upon the licensee of such parking lot or by mail at the residential address as appearing on the license application.

(b) The written notice shall describe the violation and shall be signed by the licensing official. The notice shall require the licensee to correct the listed violations within thirty (30) days after date of service of such notice or to show cause why such license should not be revoked at the next meeting of the appropriate city council committee following the thirty-day period. The notice shall contain a return to be signed by the server thereof attesting the manner in which the notice was served.

Section 37. That Section 319.270 contained in Chapter 319, Open Air Motor Vehicle Parking Lots, be amended to read as follows:

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319.270. - Keys left in vehicles. Whenever keys to motor vehicles are required to be left in the vehicle or with an attendant, an attendant must be on duty at all reasonable times and when such attendant is not on duty, the keys to the said motor vehicles shall be made available to the owners of such vehicles at some suitable place not more than one hundred fifty (150) feet distant from the parking area. Where no suitable place is available within one hundred fifty (150) feet, the license applicant shall submit to the licensing official the location of the nearest suitable place subject to review approval of the licensing official and approval by the city council. In all instances, the location of key storage shall be made known to the tow desk of the police department.

Section 38. That Section 322.30 contained in Chapter 322, Precious Metal Dealers, be amended to read as follows:

322.30. - Application. (a) [Contents.] Every person or organization desiring a license to deal in precious metals shall apply to the city council for a license on an application form provided by the licensing official. The application shall contain all information required by the licensing official, including:

(1) Name, place and date of birth and street residence of the applicant.

(2) The business address and the name and address of the owner of the premises.

(3) A statement whether, within the preceding ten (10) years the applicant has been convicted of any crime, petty misdemeanor or municipal ordinance relating to theft, damage or trespass to property or operation of a business; the nature and date of the offense and the penalty assessed.

(4) Whether the applicant is a natural person, corporation or partnership: a. If the applicant is a corporation, the state of incorporation and the names and addresses of all officers and directors; b. If applicant is a partnership, the names and addresses of all partners.

(5) The name of the manager or proprietor of the business.

(b) Execution of application. If the applicant is a natural person, the application shall be signed and sworn to by the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner.

(c) [ Investigation.] The police license inspector shall investigate into the truthfulness of the statements set forth in the application and shall endorse findings thereon. The applicant shall furnish to the police license inspector such evidence as he or she may reasonably require in support of the statement set forth in the application.

(d) False statements in application. No person shall make any material false statement in any application. In addition to other penalties, the licensee's license may be revoked by the city council for a violation of this section.

Section 39. That Chapter 325, Pest Control, contained in the above-entitled ordinance be and is hereby repealed.

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CHAPTER 325. - PEST CONTROL

325.10. - Definitions. The following words shall have the meaning ascribed to them, unless the context clearly indicates a different meaning: Apprentice pest control permit is a permit issued by the commissioner of health to a person who is under constant supervision while on duty by either the holder of a master or journeyman pest control license. Area pest control shall mean control of pests located external to structures, including the control of noxious weeds and pests of gardens, lawns and trees. General pest control shall mean the control or elimination of noxious weeds, insects, vermin, rodents or other pests including but not limited to starlings, sparrows, grackles and common pigeons within or outside of any structure by the application and use of chemicals, trapping, structural alterations and other control methods. Journeyman pest control license is a license issued to any person who has demonstrated to the commissioner of health by oral and/or written examination that he or she has a workable knowledge of poisons and their effect on man and animals used in modern pest control procedures but who needs supervision and direction of a person possessing a master pest control license. Master pest control license is a license issued to any person who has demonstrated to the commissioner of health by oral and/or written examination that he or she is skilled in the selection and application, and is thoroughly familiar with the toxic effects on man and animals of poisons available for use in present- day pest control procedures. Pest control company shall mean any person engaged in the business of general pest control or area pest control as a commercial activity for compensation. Pest control employee shall mean an employee of a pest control company who actually performs pest control service as defined herein. Pesticides shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except bacteria, parasites or viruses on or in living man or other animals. 25.20. - Council established; membership, terms, qualifications. There is hereby established a pest control council for the purpose of advising the commissioner of health on examinations for persons seeking either the master or journeyman pest control license, matters pertaining to the enforcement of this chapter and other problems that may arise relating to pest control. The pest control council shall be appointed by the commissioner of health and shall consist of four (4) members, each of whom shall serve for a three-year term, except at the time of the initial appointment of the council one member shall be appointed for one year, one member shall be appointed for two (2) years and one member shall be appointed for three (3) years. Two (2) members of the pest control council shall be from the pest control industry. Appointees for this category shall be, and shall have been for a period of not less than five (5) years preceding appointment, actively engaged in pest control work. Not more than two (2) terms may be served successively by a person or persons connected with the same company. One member of this council shall be a representative of the public and the other member shall be the commissioner of health or the commissioner's representative. The commissioner of health or the commissioner's representative shall serve as chairperson for the council. 325.30. - Licenses and fees. (a) No person, either as owner or operator, shall engage in the business of

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(b) In order to obtain and retain such a license, there shall be at least one (1) person, either as owner or operator or an employee, who holds a master pest control license. The technical aspects of selection and application of all poisons used by such pest control company shall be the direct responsibility of such holder of a master license. Every person seeking a master or journeyman license shall file with the licensing official, on forms furnished by the licensing official, a request for such a license. The applicant for a master license shall pay an initial fee of thirty dollars ($30.00) and an annual renewal fee of ten dollars ($10.00) thereafter. The applicant for a journeyman license shall pay an initial inspection fee of thirty dollars ($30.00) and an annual renewal fee of eight dollars ($8.00) thereafter.

(c) Every applicant for either a master or journeyman license must take and pass an oral or written examination before a license will be issued.

(d) Pest control companies or pest control employees desiring to engage in or work in the pest control business within the city must submit to such examination as hereinafter described in section 325.70.

(e) A license may be issued by the city council to a pest control company for one (1) or both or any combination of the following classifications for which an applicant may apply:

(1) General pest control.

(2) Area pest control.

(f) The master license pest control number shall be displayed in a prominent position on all pest control company vehicles doing business in the city. The master journeyman pest control license identification card shall be shown on demand to health department representatives, police or other law enforcement officers of the city.

(g) In case of revocation of a license for any cause the commissioner may require such licensee to pass an examination as a condition to reinstatement of such license.

(h) Each licensee shall be issued an identification card on which shall appear the licensee's photograph and signature. A license shall not be transferable.

(i) It shall be unlawful for any pest control company to employ or retain as an employee, any person to do pest control work who is not properly licensed or under proper temporary apprentice permit issued by the commissioner of health. Any new employee may work as an apprentice on a temporary apprentice permit issued by the commissioner of health without taking an examination, provided he or she is working for a licensed pest control company and working at all times with and under the direct supervision of a person possessing a master or journeyman pest control license. A person possessing a temporary permit cannot take the examination for a master or journeyman license until he or she has worked at least three

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(3) months as a temporary pest control employee. However such employee must take such examination within one (1) year after the issuance of a temporary permit.

(j) Identification cards and such other procedural matters as may be necessary shall be established by the commissioner of health.

(k) A refresher program of not more than a one-day session shall be sponsored or conducted twice each year by the health department. This program shall place special emphasis on proper handling and safe use of materials used in the pest control industry. Every owner, member or partner of a pest control company and every pest control employee actually engaged in or performing pest control services shall attend at least one (1) refresher program annually as a condition for the issuance of licenses established under this chapter. Failure to attend such refresher program may be grounds for revocation of the license.

325.35. - When licenses expire. Licenses issued under this chapter shall expire on January first of each year.

325.40. - Revocation or suspension of license or temporary permit. Any license or permit issued pursuant to the provisions of this chapter may be suspended or revoked by the city council.

325.50. - Reciprocity. Any firm or employee giving verifiable evidence of having worked in the pest control industry for a period of one year or more outside the jurisdiction of Minneapolis may take the examination required for a Minneapolis pest control license without waiting the required period of time as set forth in section 325.30.

325.60. - Insurance required. (a) A pest control company shall not engage in the practice or business of pest control until such company shall furnish and file with the licensing official a policy of insurance or a certificate thereof in an insurance company authorized to do business in the State of Minnesota, insuring such pest control company against any and all loss by reason of negligence in the use of pesticides; such policy of insurance to be in limits of one hundred thousand dollars ($100,000.00) for any one (1) person injured or killed in one (1) accident, and two hundred thousand dollars ($200,000.00) for any one (1) accident or two (2) or more persons injured or killed in one (1) accident, irrespective of the number of persons killed, and in the sum of at least ten thousand dollars ($10,000.00) because of damage to or destruction of property in any one (1) accident, which policy of insurance shall be approved by the city attorney. No cancellation of any insurance policy shall be valid except upon ten (10) days prior notice to the city. Failure to keep in full force and effect insurance required herein is grounds for revocation of any license or permit. Such license holder shall replace such policy of insurance with another to be approved by the city attorney. Whenever the city council shall deem such policy of insurance to be insufficient for any reason, and in default thereof the city council may revoke such license.

(b) Any pest control company that is licensed under Chapter 51 of this Code of Ordinances, and also under this chapter, need furnish but one (1) policy of insurance. The city attorney shall prepare a proper endorsement which shall be attached.

325.70. - Frequency and nature of examinations. Written and/or oral examinations shall be held at least once every six (6) months and shall be prepared by the commissioner of health with the advice of the pest control council. The nature and scope of the information required shall be made available to applicants at least thirty (30) days in advance of the examination. Emphasis throughout examination procedures shall

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325.80. - Exclusion for governmental employees. Employees of the city, or any state or federal employees, need not be licensed when engaged at their official employment.

325.90. - Labeling of pesticides. No person shall sell or give away in the city any substance labeled as a pesticide or intended for use as a pesticide unless it is registered and labeled in conformity with the current State Economic Poisons and Devices Law.

Section 40. That Section 341.655. contained in Chapter 341, Taxicabs, be amended to read as follows:

341.655. - Transfer of license—Person to person. (a) Taxicab licenses issued prior to October 1, 1995, under the provisions of this article may be transferred from person to person upon payment of a fee as specified in Appendix J, the License Fee Schedule, and completion of an application provided by the licensing official, and approval by the licensing official. In addition to the information and requirements prescribed by sections 341.500 and 341.580, each application for a transfer shall contain a sworn statement from the present licensee by which he or she consents to the proposed transfer. If the licensee is a partnership, all partners shall complete such statement and if a corporation, the statement shall be completed by an elected officer of the corporation. Such application shall be accompanied by true copies of any proposed or actual purchase agreement, bill of sale, promissory note, mortgage or other evidence of indebtedness which such applicant may incur or may have incurred as a result of the transfer. Such application shall also include a fiscal breakdown as to the cost of the vehicle(s), equipment, corporate stock, goodwill, contract rights and other intangibles included within the transfer. Among other things, the committee in its deliberations in the granting of such application, licensing official shall consider the reasonableness of the price the applicant shall have agreed to pay for a specified article or intangible. No value shall be attributed to the taxicab license to be transferred that is in excess of the proportion of the annual license fee remaining for the license year.

(b) Whenever taxicab licenses issued on or after October 1, 1995 are held by a corporation and the record of equitable ownership of stock of any such corporation is transferred, sold, pledged or otherwise assigned to new or different stockholders or whenever new or different directors, officers or managers are elected or appointed by any corporation holding a license as herein defined, such changes shall require the filing of an application for license in the manner provided by this chapter except that this provision shall not apply where the corporation's stock is publicly traded on a stock exchange.

(c) Failure to report any change in stockholders, officers or managers shall be grounds for the revocation of all licenses held by the corporation. Every corporation licensed under the provisions of this section shall adopt and maintain in its bylaws a provision that no transfer of stock is valid or effective unless approved by the city council and shall require that all of its certificates of stock shall have printed on the face thereof: "the transfer of this stock certificate is invalid unless approved by the city council of Minneapolis, Minnesota," and failure to comply with this provision shall be grounds for the revocation of all licenses held by the corporation. The provisions of this section shall not apply to the issuance of any license to a corporation whose stock is traded on a public stock exchange.

(d) Licenses issued after October 1, 1995, may not be transferred. Such licenses remain the property of the City of Minneapolis, and must be surrendered to the licensing official, upon cessation of operation in compliance with provisions of this chapter.

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Section 41. That Section 350.20 contained in Chapter 350, Recycling Activities and Salvage Yards, be amended to read as follows:

350.20. - License required. No person shall keep, maintain or operate a recycling or salvage yard in the City of Minneapolis without first obtaining a license from the city council pursuant to this chapter. Such license shall be in addition to any other licenses or permits required by this Code, and shall be transferable only upon approval of the city council.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Economic Development & Regulatory Services Committee, Goodman offered Ordinance 2018-075 amending Title 14, Chapters 360 and 363 of the Minneapolis Code of Ordinances relating to Liquor and Beer: In General; and Wine Licenses, amending regulations related to administrative issuance and transferring of licenses.

The following is the complete text of the unpublished summarized ordinance.

ORDINANCE 2018-075 By Goodman Intro & 1st Reading: 11/2/2018 Ref to: EDRS 2nd Reading: 12/7/2018

Amending Title 14 of the Minneapolis Code of Ordinances relating to Liquor and Beer.

The City Council of the City of Minneapolis do ordain as follows:

Section 1. That Section 360.70 contained in Chapter 360, In General, be amended to read as follows:

360.70. - Special late hours food license. (a) Any person operating under an on-sale liquor, wine or beer license who desires to remain open for the service of food later than the hours provided in section 364.100 and section 368.70 may apply to the city council for a special late hours food license. Application shall be made on a form provided by the licensing official, containing such information as the licensing official deems necessary to verify that the conditions of this section have been met and to make a recommendation regarding the application. The annual fee for a special late hours food license shall be as established in the License Fee Schedule.

(b) The number of special late hours food licenses at any time issued and outstanding shall not exceed fifty (50).

(c) No special late hours food license shall be issued unless the establishment complies at all times with the following conditions:

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(1) The establishment shall be a banquet facility as defined in section 360.10 in which the meal service required by section 360.10 is actually available during the special hours of operation authorized under the license, or

(2) The establishment shall be a restaurant which:

(i) a. Meets the definition of a restaurant defined in Chapter 360.10 of this Code while the establishment is operating with a special late hours food license, and

(ii) b. Maintains a substantial menu available during special late hours which includes at least four (4) entrees, sandwiches, or other principal food items, and

(iii) c. Keeps its business open for at least eight (8) continuous hours daily except Sunday, twelve (12) months a year, not including any hours authorized by its special late hours food license.

(d) The city council may issue a special late hours food license subject to additional conditions including, but not limited to:

(1) Limitation on the special late hours of operation or the days of the week on which special late hours are authorized;

(2) Requirements concerning menu items;

(3) Requirements concerning staffing or security levels;

(4) Any other requirement reasonably related to concerns of security, noise, litter, parking or traffic.

(e) The city council may deny, revoke, suspend or refuse to renew a special late hours food license for any of the following reasons:

(1) The existence of special late hours disturbs the peace, quiet or repose of surrounding residential or commercial areas;

(2) The existence of special late hours contributes to crime, disorderly behavior, noise, traffic, litter or parking problems in the area near the establishment;

(3) Any violation of the laws relating to sale or service of alcoholic beverages;

(4) Any violation of the terms of this section;

(5) Any other good cause related to the operation of the establishment.

(f) Nothing herein shall permit the operation of live entertainment, singing or dancing after 2:00 a.m. regardless of the class of on-sale license held by an establishment.

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Section 2. That Section 360.80 contained in Chapter 360, In General, be amended to read as follows:

360.80. - Special all-night bowling, pool or billiards permit. (a) Any person operating under an "on sale" license for the sale of beer or liquor who desires to remain open twenty-four (24) hours each day for the operation of the game of bowling, pool and billiards, may apply to the city council for a special bowling, pool and billiards permit in the manner provided for the making of application for a regular bowling, pool and billiards license. The annual license fee for such special bowling, pool and billiards permit shall be as established in the License Fee Schedule, which shall be in addition to the fee for a regular bowling, pool and billiards license. The city council may grant or deny any such application and, if granted, the permit may be revoked for cause by the city council after due notice to the licensee and a hearing, and shall be revoked for any of the causes requiring revocation of licenses for the "on sale" of beer or liquor. No special bowling, pool and billiards permit shall be issued to anyone who is not the owner of a regular bowling, pool and billiards license. All persons holding special bowling, pool and billiards permits may keep their places of business open continuously twenty-four (24) hours each day for twelve (12) months in a year for the purpose of permitting the public to play the game of bowling, pool and billiards upon the premises covered by the special bowling, pool and billiards permit.

(b) No special all-night bowling, pool and billiards permit is necessary for any place or premises upon which the game of bowling, pool and billiards is played where no beer or liquor is sold at any time.

Section 3. That Section 360.125 contained in Chapter 360, In General, be amended to read as follows:

360.125 - Exceptions. Section 360.120 shall not apply when: A a license has been issued for a premises prior to the existence of a church or school within three hundred (300) feet of such premises. In such case such license may be renewed or transferred to, or an application for new ownership granted, for such premises if all the other provisions of this chapter can be complied with.

Section 4. That Section 363.60 contained in Chapter 363, Wine Licenses, be amended to read as follows:

363.60 - Payment and receipt for fee. (a) The applicant shall, on or before the filing of an application, pay to the licensing official the fee required by section 363.50, and the licensing official shall give to such applicant a receipt in duplicate, a copy of which receipt shall be filed with such application.

(b) If any application for a license or for a transfer of a license is denied by the city council or withdrawn by the applicant, the fee paid under section 363.50(a) shall be refunded to the applicant.

Section 5. That Section 363.130 contained in Chapter 363, Wine Licenses, be amended to read as follows:

363.130 - Application for new premises. (a) If the application is for the issuance, or renewal or transfer of a license for premises at which the licensed business is not then being conducted, the applicant shall also provide to the license inspector of the police department a verified statement of intent as to where, when and how he or she plans to house the business, including with the statement, all pertinent documentary proof and evidence thereof, including leases, contracts and architectural plans.

(b) If the application is granted pursuant to such application, the city shall investigate and determine at appropriate times whether the statement of intent upon which the issued license was conditioned is being effectuated. If it is found that it is not being carried out in a timely and diligent manner, the license may be revoked or renewal thereof may be denied, but in no case shall such a license continue in effect

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On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0960 The Minneapolis City Council hereby: 1. Passage of Resolution 2018R-413 approving the sale of property at 2106 23rd Avenue N for $25,120 to Plymouth Christian Youth Center (PCYC), or an affiliated entity, for expansion of the Capri Theater.

2. Approves the term sheet as a basis for a redevelopment contract, as set forth in the staff report.

3. Authorizes a redevelopment contract and related documents in accordance with the terms set forth in the staff report.

4. Approves an extension of the development time frame to Dec. 31, 2019 for the property at 2029, 2033, and a portion of 2101 W Broadway Ave to Plymouth Christian Youth Center (PCYC) or affiliated entity.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Schroeder, Johnson, Palmisano, President Bender (11) Noes: (0) Absent: Jenkins, Cano (2) Adopted.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-413 By Goodman

Authorizing sale of Land Disposition Parcel WB 7-2, under the West Broadway Redevelopment Plan at 2106 23rd Ave N.

Whereas, the City of Minneapolis, hereinafter known as the City, has received an offer to purchase and develop Disposition Parcel WB 7-2, in the Willard-Hay neighborhood, from Plymouth Christian Youth Center, hereinafter known as the Redeveloper, the Parcel WB 7-2, being the following described land situated in the City of Minneapolis, County of Hennepin, State of Minnesota to wit:

LEGAL DESCRIPTION of WB 7-2; 2106 23rd Ave N: Lot 21, Block 21 Forest Heights; and

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Whereas, the Redeveloper has offered to pay the sum of $25,120 for Parcel WB 7-2 to the City for the land, and the Redeveloper's proposal is in accordance with the applicable Redevelopment Plan and/or Program; and

Whereas, the Redeveloper has submitted to the City a statement of financial responsibility and qualifications; and

Whereas, the City has had the re-use value reviewed by an appraisal expert, stating that the re-use value opinion is consistent with the accepted methods in aiding the City in determining a re-use value for the Parcel; and

Whereas, pursuant to due notice thereof published in Finance and Commerce on November 9, 2018, a public hearing on the proposed sale was duly held on November 27, 2018, at the regularly scheduled Economic Development and Regulatory Services Committee meeting of the City Council, at the Minneapolis City Hall, 350 S 5th St, Room 317, at 1:30 p.m., in the City of Minneapolis, County of Hennepin, State of Minnesota;

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the re-use value for uses in accordance with the Redevelopment Plan and/or Program is hereby determined to be the sum of $25,120 for Parcel WB 7-2.

Be It Further Resolved that the acceptance of the offer and proposal is hereby determined to be in the best interests of the City and its people and that the transaction furthers the City’s general plan of economic development in accordance with the City's approved disposition policy and it is further determined that the Redeveloper possesses the qualifications and financial resources necessary to acquire and develop the parcel in accordance with the Redevelopment Plan and/or Program.

Be It Further Resolved that the proposal be and the same is hereby accepted, subject to the execution of a contract for the sale of land and further subject to the following conditions: 1) land sale closing must occur on or before 180 days from the date this Resolution is approved by the City; and 2) payment of holding costs of $300.00 per month if the land sale closing does not occur on or before the closing deadline.

Be It Further Resolved that the sale conditions described above may be waived or amended with the approval of the Department of Community Planning & Economic Development Director.

Be It Further Resolved that upon publication of this Resolution, the Finance Officer or other appropriate official of the City be and the same is hereby authorized to execute and deliver the contract to the Redeveloper; provided, however, that this Resolution does not constitute such a contract and no such contract shall be created until executed by the Finance Officer or other appropriate official of the City.

Be It Further Resolved that the Finance Officer or other appropriate official of the City is hereby authorized to execute and deliver a conveyance of the land to the Redeveloper in accordance with the provisions of the executed contract and upon payment to the City for the purchase price thereof; provided, however, that this Resolution does not constitute such a conveyance and no such conveyance shall be created until executed and delivered by the Finance Officer or other appropriate City official of the City.

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On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Schroeder, Johnson, Palmisano, President Bender (11) Noes: (0) Absent: Jenkins, Cano (2) Adopted.

COUNCIL ACTION 2018A-0961 The Minneapolis City Council hereby: 1. Passage of Resolution 2018R-414 approving the sale of 927 W Broadway Ave, 1838 Dupont Ave N, and 1832 Dupont Ave N, for $1.00 to The 927 Building, LLC or an affiliated entity, for the redevelopment of a commercial building into office and retail space.

2. Authorizes a redevelopment contract and related documents in accordance with the terms set forth in the staff report.

3. Approves the term sheet as a basis for a redevelopment contract.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Schroeder, Johnson, Palmisano, President Bender (11) Noes: (0) Absent: Jenkins, Cano (2) Adopted.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-414 By Goodman

Authorizing sale of land Disposition Parcels WB 218-6, WB 218-7, and WB 218-8, under the West Broadway Redevelopment Plan at 927 W Broadway, 1838 Dupont Ave N and 1832 Dupont Ave N.

Whereas, the City of Minneapolis, hereinafter known as the City, has received an offer to purchase and develop Disposition Parcel WB 218-6, WB 218-7, and WB 218-8, in the Near North neighborhood, from The 927 Building, LLC, hereinafter known as the Redeveloper, the Parcels WB 218-6, WB 218 - 7, and WB 218-8, being the following described land situated in the City of Minneapolis, County of Hennepin, State of Minnesota to wit:

LEGAL DESCRIPTION of WB 218-6; 927 West Broadway: The West 44.00 feet of Lot 6, Block 21, Highland Park Addition to the City of Minneapolis, except that part taken for West Broadway; and

LEGAL DESCRIPTION of WB 218-7;1838 Dupont Ave N: Lot 20, Block 29, “Gale’s Subdivisions in Sherburne & Beebe’s Addition to Minneapolis”; and

LEGAL DESCRIPTION of WB 218-8; 1832 Dupont Ave N: Lot 19, Block 29, “Gales Subdivisions in Sherburne & Beebe’s Addition to Minneapolis”; and

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Whereas, the Redeveloper has offered to pay the sum of $1.00 for Parcels WB 218-6, WB 218-7, and WB 218-8 to the City for the land, and the Redeveloper's proposal is in accordance with the applicable Redevelopment Plan and/or Program; and

Whereas, the Redeveloper has submitted to the City a statement of financial responsibility and qualifications; and

Whereas, pursuant to due notice thereof published in Finance and Commerce on November 9, 2018, a public hearing on the proposed sale was duly held on November 27, 2018, at the regularly scheduled Economic Development and Regulatory Committee meeting of the City Council, at the Minneapolis City Hall, 350 S 5th St, Room 317, at 1:30 p.m., in the City of Minneapolis, County of Hennepin, State of Minnesota;

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the re-use value for uses in accordance with the Redevelopment Plan and/or Program is hereby determined to be the sum of $1.00 for Parcels WB 218-6, WB 218-7, and WB 218-8.

Be It Further Resolved that the sale conditions described above may be waived or amended with the approval of the Department of Community Planning & Economic Development Director.

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On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Schroeder, Johnson, Palmisano, President Bender (11) Noes: (0) Absent: Jenkins, Cano (2) Adopted.

COUNCIL ACTION 2018A-0962 The Minneapolis City Council hereby approves the following applications for Liquor Licenses, subject to final inspection and compliance with all provisions of applicable codes and ordinances: 1. Guava's Cuban Cafe, 5607 CHICAGO AVE Minneapolis, MN, submitted by Machado Food Concepts LLC, BLWine, LIC373605 2. P.S. Steak, 510 GROVELAND AVE Minneapolis, MN, (Ward 7) submitted by 510 Groveland LLC, BLLiquor, LIC372238 3. Travail Kitchen, 1930 HENNEPIN AVE Minneapolis, MN, (Ward 7) submitted by Soul Brothers LLC, BLLiquor, LIC374097

COUNCIL ACTION 2018A-0963 The Minneapolis City Council hereby approves the following applications for Business License renewals, subject to final inspection and compliance with all provisions of applicable codes and ordinances:

1. 236 CLIFTON AVE Minneapolis, MN, (Ward 7) submitted by 180 DEGREES INC, BLB&L, LIC64724

2. 900 4TH ST N Minneapolis, MN, (Ward 3) submitted by THE SALVATION ARMY ARCC, BLB&L, LIC64819

3. HOUSE OF CHARITY, 510 8TH ST S Minneapolis, MN, (Ward 7) submitted by HOUSE OF CHARITY INC, BLB&L, LIC65047

4. PEOPLE SERVING PEOPLE, 614 3RD ST S Minneapolis, MN, (Ward 3) submitted by PEOPLE SERVING PEOPLE INC, BLB&L, LIC64794

5. PREMIUM QUALITY COIN, 250 2ND AVE S Minneapolis, MN, submitted by PREMIUM QUALITY COIN LLC, BLGeneral, LIC351105

6. 1010 CURRIE AVE W Minneapolis, MN, (Ward 7) submitted by SALVATION ARMY HARBOR LIGHT CENTER, BLB&L, LIC64795

7. HYATT REGENCY MINNEAPOLIS, 1300 NICOLLET MALL Minneapolis, MN, (Ward 7) submitted by HYATT CORPORATION, BLB&L, LIC64847

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8. RADISSON RED MINNEAPOLIS DOWNTOWN, 609 3RD ST S Minneapolis, MN, (Ward 3) submitted by RR MPLS MGMT LLC, BLB&L, LIC64825

9. TURNING POINT, 1105 16TH AVE N Minneapolis, MN, (Ward 5) submitted by TURNING POINT INC, BLB&L, LIC65026 10. KUBRA HOME CARE INC, 2435 15TH AVE S Minneapolis, MN, (Ward 9) submitted by KUBRA HOME CARE INC, BLB&L, LIC352606

11. MARGARET A TUCKER, 2111 11TH AVE S Minneapolis, MN, (Ward 6) submitted by MARGARET TUCKER, BLB&L, LIC64881

12. SOUTH EAST HOMES INC, 2732 BLOOMINGTON AVE Minneapolis, MN, (Ward 9) submitted by SOUTH EAST HOMES INC, BLB&L, LIC64982

COUNCIL ACTION 2018A-0964 The Minneapolis City Council hereby approves the following applications for Gambling License renewals, subject to final inspection and compliance with all provisions of applicable codes and ordinances:

1. Eagles Arie #34, 420 4TH ST S Minneapolis, MN, submitted by Eagles Arie #34, BLGeneral, LIC107215

2. EDISON COMMUNITY & SPORTS FOUNDATION, submitted by EDISON COMMUNITY AND SPORTS FOUNDATION, BLGeneral, LIC67379

COUNCIL ACTION 2018A-0965 The Minneapolis City Council hereby adopts the Business License Operating Conditions Agreement for The Piggy Bank, 2841 HENNEPIN AVE Minneapolis, MN, (Ward 10) submitted by Boneyard Restaurant LLC, BLLiquor, LIC374027, allowing the applicant to obtain the On Sale Liquor with Sunday Sales, Class B License, subject to adherence with the conditions contained therein.

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COUNCIL ACTION 2018A-0966 The Minneapolis City Council hereby adopts the Business License Settlement Conference Agreement for THE LOOP, 606 WASHINGTON AVE N Minneapolis, MN, (Ward 3) submitted by LOOP MPLS LLC, BLAmend, LIC374197, allowing the licensee to retain the On Sale Liquor with Sunday Sales, Class B License, subject to adherence with the conditions contained therein.

COUNCIL ACTION 2018A-0967 The Minneapolis City Council hereby authorizes a data sharing agreement, at no cost, with Minneapolis Public Schools, through Dec. 31, 2023, to enable Step Up participants to earn academic credit for their training and work experience.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

The HOUSING POLICY & DEVELOPMENT Committee submitted the following report: On behalf of the Housing Policy & Development Committee, Gordon offered Resolution 2018R-415 approving the sideyard sale of the property at 2208 James Ave N (Disposition Parcel No. TF-1010), to Assertive MPLS Properties II, LLC for $1,200, subject to conditions.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-415 By Gordon

Authorizing sale of land Disposition Parcel TF-1010, under the Sideyard Program at 2208 James Ave N.

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Whereas, the City of Minneapolis, hereinafter known as the City, has received an offer to purchase the Disposition Parcel TF-1010, in the Jordan neighborhood, from Assertive MPLS Properties II, LLC, hereinafter known as the Purchaser, the Parcel TF-1010, being the following described land situated in the City of Minneapolis, County of Hennepin, State of Minnesota to wit:

LEGAL DESCRIPTION of TF-1010; 2208 James Ave N: The South 1/2 of Lot 18, Block 18, Forest Heights; and

Whereas, the Purchaser has offered to pay the sum of $1,200 for Parcel TF-1010, to the City for the land; and

Whereas, the Purchaser has submitted to the City a statement of financial responsibility and qualifications; and

Whereas, on March 11, 2005, City Council approved the waiving of the Planning Commission’s review of certain real estate transactions (including dispositions of non- buildable parcels) that have no relationship to the City’s Comprehensive Plan; and

Whereas, the City has determined the offer of $1,200 to purchase the Parcel to be reasonable; and

Whereas, the City has had the re-use value reviewed by an appraisal expert, stating that the re-use value opinion is consistent with the City’s accepted methods in determining a re-use value for the Parcel; and

Whereas, the City’s Real Estate Disposition Policy provided in Section 2.2.13 for the sale of land for sideyard; and

Whereas, pursuant to due notice thereof published in Finance and Commerce on November 9, 2018, a public hearing on said proposal and proposed sale and the provisions thereof, was duly held on November 28, 2018, at the Minneapolis City Hall, 350 S 5th St, Room 317, at 1:30 p.m., in the City of Minneapolis, County of Hennepin, State of Minnesota; and

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the re-use value for the TF-1010 is hereby determined to be the sum of $1,200.

Be It Further Resolved that the acceptance of the offer and Purchaser’s proposal is hereby determined to be in the best interests of the City and its people and that the transaction furthers the City’s general plan of economic development in accordance with the City's approved disposition policy and it is further determined that the Purchaser possesses the qualifications and financial resources necessary to acquire and maintain the Parcel in accordance with the contract for the sale of land.

Be It Further Resolved that the proposal be and the same is hereby accepted, subject to the execution of a contract for the sale of land and further subject to the following conditions: 1) land sale closing must occur no later than April 15, 2019; and 2) payment of holding costs of $300.00 per month if the land sale closing does not occur on or before the closing deadline.

Be It Further Resolved that the sale conditions described above may be waived or amended with the approval of the Department of Community Planning & Economic Development Director.

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On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Housing Policy & Development Committee, Gordon offered Resolution 2018R-416 approving the sale of the property at 2206 James Ave N, (Disposition Parcel No. MH-112), to Greater Metropolitan Housing Corporation for $4,900, subject to conditions.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-416 By Gordon

Authorizing sale of land Disposition Parcel MH-112, under the Minneapolis Homes Program at 2206 James Ave N.

Whereas, the City of Minneapolis, hereinafter known as the City, has received an offer to purchase and develop Disposition Parcel MH-112, in the Jordan neighborhood, from Greater Metropolitan Housing Corporation, hereinafter known as the Redeveloper, the Parcel MH-112, being the following described land situated in the City of Minneapolis, County of Hennepin, State of Minnesota to wit:

LEGAL DESCRIPTION of MH-112; 2206 James Ave N: Lot 17, Block 18, Forest Heights; and

Whereas, the Redeveloper has offered to pay the sum of $4,900, for Parcel MH-112 to the City for the land, and the Redeveloper's proposal is in accordance with the applicable Redevelopment Plan and/or Program; and

Whereas, the Redeveloper has submitted to the City a statement of financial responsibility and qualifications; and

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Whereas, pursuant to due notice thereof published in Finance and Commerce on November 9, 2018, a public hearing on the proposed sale was duly held on November 28, 2018, at the regularly scheduled Housing Policy and Development Committee meeting of the City Council, at the Minneapolis City Hall, 350 S 5th St, Room 317, at 1:30 p.m., in the City of Minneapolis, County of Hennepin, State of Minnesota;

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the re-use value for uses in accordance with the Redevelopment Plan and/or Program is hereby determined to be the sum of $4,900 for Parcel MH-112.

Be It Further Resolved that the proposal be and the same is hereby accepted, subject to the execution of a contract for the sale of land and further subject to the following conditions: 1) land sale closing must occur no later than April 15, 2019; and 2) payment of holding costs of $300.00 per month if the land sale closing does not occur on or before the closing deadline.

Be It Further Resolved that the sale conditions described above may be waived or amended with the approval of the Department of Community Planning & Economic Development Director.

On behalf of the Housing Policy & Development Committee, Gordon offered Resolution 2018R-417 approving the sale of the property at 2709 Humboldt Ave N, (Disposition Parcel No. MH-113), to Greater Metropolitan Housing Corporation for $3,100, subject to conditions.

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The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-417 By Gordon

Authorizing sale of land Disposition Parcel MH-113, under the Minneapolis Homes Program at 2709 Humboldt Ave N.

Whereas, the City of Minneapolis, hereinafter known as the City, has received an offer to purchase and develop Disposition Parcel MH-113, in the Jordan neighborhood, from Greater Metropolitan Housing Corporation, hereinafter known as the Redeveloper, the Parcel MH-113, being the following described land situated in the City of Minneapolis, County of Hennepin, State of Minnesota to wit:

LEGAL DESCRIPTION of MH-113; 2709 Humboldt Ave N: Lot 7, Block 1, Miller’s Subdivision Lot “F”, Babbitt’s Outlots to Minneapolis; and

Whereas, the Redeveloper has offered to pay the sum of $3,100 for Parcel MH-113 to the City for the land, and the Redeveloper's proposal is in accordance with the applicable Redevelopment Plan and/or Program; and

Whereas, the Redeveloper has submitted to the City a statement of financial responsibility and qualifications; and

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the re-use value for uses in accordance with the Redevelopment Plan and/or Program is hereby determined to be the sum of $3,100 for Parcel MH-113.

Be It Further Resolved that the proposal be and the same is hereby accepted, subject to the execution of a contract for the sale of land and further subject to the following conditions: 1) land sale closing must occur no later than April 14, 2019; and 2) payment of holding costs of $300.00 per month if the land sale closing does not occur on or before the closing deadline.

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Be It Further Resolved that the sale conditions described above may be waived or amended with the approval of the Department of Community Planning & Economic Development Director.

On behalf of the Housing Policy & Development Committee, Gordon offered Resolution 2018R-418 approving the sale of the property at 3633 Oliver Ave N, (Disposition Parcel No. MH-115), to Greater Metropolitan Housing Corporation for $7,300, subject to conditions.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-418 By Gordon

Authorizing sale of land Disposition Parcel MH-115, under the Minneapolis Homes Program at 3633 Oliver Ave N.

Whereas, the City of Minneapolis, hereinafter known as the City, has received an offer to purchase and develop Disposition Parcel MH-115, in the Folwell neighborhood, from Greater Metropolitan Housing Corporation, hereinafter known as the Redeveloper, the Parcel MH-115, being the following described land situated in the City of Minneapolis, County of Hennepin, State of Minnesota to wit:

LEGAL DESCRIPTION of MH-115; 3633 Oliver Ave N: Lot 2, Block 1, Carr’s 1st Addition to Minneapolis; and

Whereas, the Redeveloper has offered to pay the sum of $7,300 for Parcel MH-115 to the City for the land, and the Redeveloper's proposal is in accordance with the applicable Redevelopment Plan and/or Program; and

Whereas, the Redeveloper has submitted to the City a statement of financial responsibility and qualifications; and

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Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the re-use value for uses in accordance with the Redevelopment Plan and/or Program is hereby determined to be the sum of $7,300 for Parcel MH-115.

Be It Further Resolved that the proposal be and the same is hereby accepted, subject to the execution of a contract for the sale of land and further subject to the following conditions: 1) land sale closing must occur no later than April 15, 2019; and 2) payment of holding costs of $300.00 per month if the land sale closing does not occur on or before the closing deadline.

Be It Further Resolved that the sale conditions described above may be waived or amended with the approval of the Department of Community Planning & Economic Development Director.

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On behalf of the Housing Policy & Development Committee, Gordon offered Resolution 2018R-419 approving the sale of the property at 3519 Oliver Ave N, (Disposition Parcel No. MH-114), to Greater Metropolitan Housing Corporation for $7,600, subject to conditions.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-419 By Gordon

Authorizing sale of land Disposition Parcel MH-114, under the Minneapolis Homes Program at 3519 Oliver Ave N.

Whereas, the City of Minneapolis, hereinafter known as the City, has received an offer to purchase and develop Disposition Parcel MH-114, in the Folwell neighborhood, from Greater Metropolitan Housing Corporation, hereinafter known as the Redeveloper, the Parcel MH-114, being the following described land situated in the City of Minneapolis, County of Hennepin, State of Minnesota to wit:

LEGAL DESCRIPTION of MH-114; 3519 Oliver Ave N: Lot 11, Block 4, “Egbert’s Second Addition To Minneapolis”; and

Whereas, the Redeveloper has offered to pay the sum of $7,600 for Parcel MH-114 to the City for the land, and the Redeveloper's proposal is in accordance with the applicable Redevelopment Plan and/or Program; and

Whereas, the Redeveloper has submitted to the City a statement of financial responsibility and qualifications; and

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the re-use value for uses in accordance with the Redevelopment Plan and/or Program is hereby determined to be the sum of $7,600 for Parcel MH-114.

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Be It Further Resolved that the proposal be and the same is hereby accepted, subject to the execution of a contract for the sale of land and further subject to the following conditions: 1) land sale closing must occur no later than April 15, 2019; and 2) payment of holding costs of $300.00 per month if the land sale closing does not occur on or before the closing deadline.

Be It Further Resolved that the sale conditions described above may be waived or amended with the approval of the Department of Community Planning & Economic Development Director.

COUNCIL ACTION 2018A-0968 The Minneapolis City Council hereby: 1. Authorizes staff to continue analysis of Summit House Condominium Project at 400 and 410 Groveland Ave, to determine if Housing Improvement Area (HIA) financing assistance is appropriate.

2. Authorizes staff to negotiate the terms and conditions of a financing agreement with Summit Homes Association, if staff determines that HIA assistance is appropriate, and prepare the HIA ordinance, HIA resolution, bond resolution, and other documents as needed. All such terms and conditions, ordinances, resolutions, and other documents would be subject to further City Council review, discussion, and approval or denial.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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COUNCIL ACTION 2018A-0969 The Minneapolis City Council hereby: 1. Authorizes staff to continue analysis of the Northside Artspace Lofts proposal at 212 James Ave N, to determine if Tax Increment Financing (TIF) assistance is appropriate and justifiable.

2. Authorizes staff to negotiate the terms and conditions of a redevelopment contract with the Artspace Projects, Inc. or an affiliated entity and prepare redevelopment and TIF plans for the project, subject to City Council review.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Housing Policy & Development Committee, Gordon offered Resolution 2018R-420 authorizing the carryforward of $52,672,843 of Year 2018 Tax Exempt Housing Revenue Bonds for the Multifamily Housing Program.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-420 By Gordon

Approving the carryforward of Year 2018 Housing Revenue Entitlement Bonds.

Whereas, the City of Minneapolis, Minnesota (the “City”) is an “entitlement issuer” within the meaning of Minnesota Statutes, Section 474A.02, subd. 7; and

Whereas, the City’s entitlement allocation of private activity bond volume cap for 2018 under Minnesota Statutes, Chapter 474A.03, subdivisions 1 and 2a was $52,672,843 (the “2018 Allocation”); and

Whereas, the City expects to issue $0 of private activity bonds allocable to its 2018 Allocation on or prior to December 31, 2018; and

Whereas, the City may, under § 146(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and under Minnesota Statutes, Chapter 474A, “carryforward” all or a portion of the City’s unused 2018 Allocation for use in calendar years 2019, 2020 and 2021; and

Whereas, the City has determined that there continues to be a shortage of financing for residential rental projects which persons and families residing or desiring to reside in the City can afford; and

Whereas, private activity volume cap is a limited resource, and it is in the best interest of the public health, safety and welfare that the City carryforward for qualified carryforward purposes its unused 2018 Allocation as of December 31, 2018;

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

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That the City hereby elects to carryforward the City’s unused 2018 Allocation as of December 31, 2018 for the purpose of issuing qualified residential rental bonds.

Be It Further Resolved that the Director or the Deputy Director of the Department of Community Planning and Economic Development are hereby authorized and directed to execute and cause to be filed with the Internal Revenue Service (the “IRS”) a Form 8328 specifying the amount of the 2018 Allocation to be carried forward as described above. The Form 8328 shall be filed with the IRS on or before February 15, 2019. The Director or the Deputy Director, are further authorized to notify the Minnesota Department of Management and Budget of such carryforward at such time and as required by Minnesota Statutes, Chapter 474A.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0970 The Minneapolis City Council hereby directs Department of Community Planning & Economic Development and City Coordinator staff to review the Minneapolis Garden Lease Program recommended improvements and report back to the Housing Policy & Development Committee no later than March 31, 2019.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0971 Gordon moved adoption of amendments to the City of Minneapolis Unified Housing Policy, as set forth in the staff report; and that Department of Community Planning & Economic Development and Finance & Property Services staff were directed to return to the Housing Policy & Development Committee on March 20, 2019, with a recommended tax increment financing policy and program to support the affordable housing requirements relating to the City's interim Inclusionary Zoning Ordinance.

On motion by Reich, Section II of the Unified Housing Policy was amended as follows:

II. Affordable Housing Requirements For the purposes of this Policy, “unit” means either a for-sale dwelling or a rental dwelling for which a lease is signed prior to occupancy. “Financial assistance from the City” includes, but is not limited to, tax increment financing, land write-down, issuance of bonds to finance the project, pass-through funding, and other forms of direct subsidy. City financial assistance is used to support the acquisition, new construction, and preservation of affordable housing units.

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The affordable units required by City Financing, Land Sales and Inclusionary Zoning (as described below) shall be reasonably distributed throughout the project and comparable in size, number of bedrooms, quality and finish to the market rate units in the project as determined by CPED staff. Provision of affordable units and market rate units in separate buildings constitutes a reasonable distribution where such buildings are part of a single planned unit development.

The City requires owners of rental housing projects subject to this Policy to accept tenant based rental housing assistance, including, but not limited to, Section 8 Housing Choice Vouchers, HOME tenant-based assistance, and Group Residential Housing. This requirement will be enforced through a contract between the City and project owner, pursuant to which the owner will be required to adopt business practices that promote fair housing and provide documentation of compliance with these requirements to the City. This requirement will be further enforced through the City’s monitoring policies and procedures. The City requires owners of City-assisted housing projects to affirmatively market affordable housing opportunities.

On motion by Gordon, Section II (2)(c) of the Unified Housing Policy was amended as follows:

2. Affordable Housing Requirements relating to City Inclusionary Zoning Ordinance

Any residential project that is subject to the Minneapolis Code of Ordinances, Title 20, Article XIV (the “Interim Inclusionary Zoning Ordinance”) must meet the affordable housing requirements of this section.

a. Residential rental projects shall be subject to one of the following: i. At least 10% of the units shall be affordable to and occupied by households with an income at or below 60% of the AMI. Projects that meet this affordable housing standard are not eligible for City financial assistance.

ii. At least 20% of the units shall be affordable to and occupied by households with an income at or below 50% of the AMI. Projects that meet this affordable housing standard are eligible to apply for City financial assistance.

iii. The minimum affordability shall be 20 years if no City financial assistance is provided. The minimum affordability period shall be 30 years if City financial assistance is provided or the project is on land purchased from the City.

b. Residential ownership projects: ownership projects will be exempt from affordable housing requirements for the Interim Inclusionary Zoning Ordinance.

c. Student housing projects will be exempt from the affordable housing requirements for the Interim Inclusionary Zoning Ordinance. Student housing is defined as a project located on a college campus, or a project owned and operated by a college to provide housing for enrolled students, or a project within 1/2 mile of the boundary line of a college campus of at least 10,000 students where the City’s Director of Community Planning & Economic Development determines that greater than 60% the units in the building are expected to be leased to undergraduate or graduate students because of the design, location or tenancy restrictions.

On roll call, the result was:

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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (12) Noes: (0) Absent: Warsame (1) Adopted, as amended.

COUNCIL ACTION 2018A-0972 Gordon moved to direct Department of Community Planning & Economic Development staff to develop a comprehensive inclusionary housing policy consistent with the framework set forth in the staff report.

On motion by Johnson, Community Planning & Economic Development staff was directed to provide an annual report starting in the fourth quarter of 2019 which assesses the impact of the inclusionary zoning policy on the production of affordable rental housing in Minneapolis, including specific data on the number of units approved and created and at the targeted affordability levels, and recommends consideration of any policy amendments based on changed market conditions for the financing and construction of rental housing.

COUNCIL ACTION 2018A-0973 The Minneapolis City Council hereby: 1. Passage of Resolution 2018R-421 establishing guiding principles in support of investments in public housing and the people who live there.

2. Directs City staff to negotiate a Memorandum of Understanding with Minneapolis Public Housing Authority (MPHA) consistent with the resolution establishing guiding principles in support of investments in public housing and the people who live there, and report back to the Housing Policy & Development Committee on March 20, 2019.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-421 By Warsame and Jenkins

Establishing guiding principles in support of investments in public housing and the people who live there.

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Whereas, Minneapolis faces a shortage of all levels of affordable rental housing; and

Whereas, the Minneapolis Public Housing Authority (MPHA) owns and operates public housing that provides homes to more than 25,000 low income residents in neighborhoods across Minneapolis; and

Whereas, large numbers of these households include seniors, working families, children, immigrants and disabled members of our community; and

Whereas, preserving quality homes for the current and future residents of public housing must be the ultimate focus of any efforts to address affordable housing needs in Minneapolis; and

Whereas, the federal government has for decades underfunded the major repair, renovation, and redevelopment needs of public housing; and

Whereas, preventing the long-term loss of these homes requires a new level of collaboration, community commitment, new financial tools, and a willingness to bring a broad coalition to the table; and

Whereas, the federal government has created public housing conversion opportunities that may allow for an increase in federal subsidies to support the preservation and capital investment needs of these homes; and

Whereas, residents of public housing have certain rights that must be respected during any public housing conversion process; and

Whereas, preserving housing for those most in-need benefits all residents in Minneapolis.

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the City of Minneapolis supports public housing and other deeply subsidized affordable housing as an essential part of the housing continuum, as it meets the needs of households that would otherwise have few options in the private market.

Be It Further Resolved that the City is committed to working in partnership with MPHA to preserve, and, when possible, increase the city’s stock of public housing.

Be It Further Resolved that the City supports MPHA’s efforts to stabilize and increase its funding sources through exploration, and implementation where feasible, of federally sanctioned public housing conversion if certain conditions are met as to resident notice, consultation and protection, and the conversion will position the city’s public housing as a permanent affordable housing asset for current and future residents.

Be It Further Resolved that City support is contingent upon meaningful resident and community consultation throughout the planning, design, and implementation process of preservation and development strategies.

Be It Further Resolved that City support is further contingent upon certain resident protections; including the right to be informed; the right to return to any remodeled or redeveloped property; the right to written relocation plans that inform the residents of their rights to return to the property following

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Be It Further Resolved that the City is committed to becoming a state and national leader in addressing the challenge facing public housing across the country.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0974 The Minneapolis City Council hereby approves the following actions as relates to the Minneapolis Advisory Committee on Housing: 1. Approves Council appointments for two-year terms beginning Jan. 1, 2019 and ending Dec. 31, 2020: Coriner Boler, Seat 1, Ward 6; Mary Christianson, Seat 2, Ward 4; Brittany Lewis, Seat 3, Ward 5; Brenda Kay Marcos, Seat 4, Ward 7; Colleen O'Connor Toberman, Seat 5, Ward 1; Scott Schaffer, Seat 6, Ward 9; Shanea Turner-Smith, Seat 7, Ward 13; Hukun Abdullahi, Seat 8, Ward 10.

2. Confirms Mayoral appointments for two-year terms beginning Jan. 1, 2019 and ending Dec. 31, 2020: Colleen Ebinger, Seat 9, Ward 8; Demaris Hollingworth, Seat 10, non-resident; Queen Maletta Kimmons, Seat 11, Ward 5; Rose Teng, Seat 12, Ward 11.

3. Approves appointments for organizations and entities that work on housing affordability, creation, preservation and management for two-year terms beginning Jan. 1, 2019 and ending Dec. 31, 2020: Annie Wells, Seat 13, Ward 2; Ryan Strack, Seat 14, Ward 11; Jeff Horwich, Seat 15, non-resident; Michelle Basham, Seat 16, non-resident; Joanna Dobson, Seat 17, Ward 10; Barbara McCormick, Seat 18, non-resident; Cecil Smith, Seat 19, Ward 1; David McGee, Seat 20, Ward 5; Sebastian Rivera, Seat 21, Ward 4.

4. Waives the residency requirement (Minneapolis Code of Ordinance 14.180) for Barbara McCormick, Jeff Horwich, Michelle Basham and Demaris Hollingsworth.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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The INTERGOVERNMENTAL RELATIONS Committee submitted the following report: COUNCIL ACTION 2018A-0975 The Minneapolis City Council hereby approves the amended and restated Youth Coordinating Board Joint Powers Agreement among the City of Minneapolis, Minneapolis Special School District 1, the Park and Recreation Board of the City of Minneapolis, and Hennepin County, to be effective Jan 1, 2019 - Dec 31, 2024 ("YCB JPA").

On roll call, the result was: Ayes: Reich, Fletcher, Cunningham, Ellison, Warsame, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (11) Noes: (0) Absent: Gordon, Goodman (2) Adopted.

COUNCIL ACTION 2018A-0976 The Minneapolis City Council hereby approves the 2019 Legislative Agenda and Policy Positions referenced in File No. 2018-01465.

On roll call, the result was: Ayes: Reich, Fletcher, Cunningham, Ellison, Warsame, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (11) Noes: (0) Absent: Gordon, Goodman (2) Adopted.

On behalf of the Intergovernmental Relations Committee, Johnson and Bender offered Resolution 2018R-422 calling on the federal administration to halt use of tear gas at the border, increase asylum officers and officials to process asylum seekers at the border, and ensure that all federal officials are well trained to respect and follow United States asylum laws and policies.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-422 By Johnson and Bender

Opposing the Federal government’s policies restricting the ability to seek asylum in the US and reaffirming the city’s support of immigrants.

Whereas, our federal law clearly states that one may apply for asylum in the United States, regardless of manner or place of entry into the country; and

Whereas, the United States is signatory to the Universal Declaration of Human Rights, which enshrines the right to apply for asylum; and

Whereas, the right to apply for asylum if one has been subjected to, or has a well-founded fear of, persecution on account of race, religion, nationality, political opinion or membership in a particular social group is contained within United States federal law; and

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Whereas, the City of Minneapolis has both welcomed and benefitted from a significant population of asylum seekers and those that have been granted asylum and is dependent on continuing to welcome all immigrants and refugees; and

Whereas, the federal government, through the executive branch has sought to restrict the ability to apply for asylum in the following ways:

1. Issuing an Attorney General opinion upending administrative court precedent with the intent to restrict asylum eligibility for individuals such as victims of gang and domestic violence;

2. Issuing an interim final rule restricting the right to apply for asylum to individuals who present themselves at a US port of entry, a rule which has already been challenged in federal court;

3. Refusing to allow asylum applicants to present themselves at a port of entry to make an asylum claim, claiming insufficient resources to process more than a certain number of individuals per day;

4. Charging individuals who enter the US not at a port of entry criminally before permitting them to present an application for asylum;

5. Proposing rules which would result in indefinite detention of migrant children, making it more difficult for them to be united with family and obtain the benefit of legal counsel to help them understand the asylum application process; and

Whereas, the federal government, through the Executive branch has also engaged in inhumane actions in attempting to prevent migrants from entering and remaining in the United States, and exercising their legal right to petition our government for asylum, actions including indefinitely separating parents from their children and, most recently, subjecting individuals, including families with children, to tear gas at the border, actions that constitute an inordinate use of government force and power against a population that is fleeing violence and has suffered trauma and is by and large peaceful and poses no national security threat, and

Whereas, the federal government’s actions at the border, including a brief shutdown of the San Diego/Tijuana border port of entry have resulted not only in a growing humanitarian crisis in Tijuana, with reports of health and sanitation problems drawing the attention of the United Nations children’s agency, UNICEF, but also of growing economic hardship for businesses and residents on both sides of the border, with the potential economic loss to the US of millions of dollars.

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That to uphold our status as a nation of laws and a nation that respects and upholds human rights, the City Council firmly calls on the Federal Administration to:

1. Halt the use of tear gas and other violent means to repel asylum seekers and other migrants at our southern border, including families with children.

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2. Immediately increase the number of asylum officers and Customs and Border Protection (CBP) officials at the southern border so that migrants who wish to claim asylum may be processed in an orderly fashion.

3. Ensure that all federal officials whose work includes consideration or evaluation of asylum seekers are well trained to respect and follow our US asylum law and policies.

On roll call, the result was: Ayes: Reich, Fletcher, Cunningham, Ellison, Warsame, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (11) Noes: (0) Absent: Gordon, Goodman (2) Adopted.

The PUBLIC HEALTH, ENVIRONMENT, CIVIL RIGHTS & ENGAGEMENT Committee submitted the following report: COUNCIL ACTION 2018A-0977 The Minneapolis City Council hereby approves the following actions as relates to the Commission on Civil Rights:

1. Confirms the Mayoral reappointment of Elizabeth Simones, Seat 13, Ward 3, for a three-year term beginning Jan 1, 2019, and ending Dec 31, 2021.

2. Approves the Council reappointment of Amy Bergquist, Seat 14, Ward 3, for a three-year term beginning Jan 1, 2019, and ending Dec 31, 2021.

3. Confirms the Mayoral appointment of Leili Fetahi, Seat 11, Ward 11, for a three-year term beginning Jan 1, 2019, and ending Dec 31, 2021.

4. Approves the following Council appointments for three-year terms beginning Jan 1, 2019, and ending Dec. 31, 2021: Cassandra Shepherd, Seat 8, Ward 13; Siddeeqah Shabazz, Seat 9, Ward 9; and Mary Fee, Seat 12, Ward 10.

5. Confirms the following Mayoral appointments to fill unexpired three-year terms beginning Jan 1, 2018, and ending Dec 31, 2020: Marcel Thompson, Seat 1, Ward 6; Khalid Mohamed, Seat 3, Ward 6; and Jeffrey Cobia, Seat 4, Ward 12.

6. Approves the Council appointment of Cindy Devonish, Seat 18, Ward 10, to fill an unexpired three-year term beginning Jan 1, 2017, and ending Dec 31, 2019.

7. Confirms the Mayoral appointment of Lee Linderman, Seat 19, Ward 13, to fill an unexpired three-year term beginning Jan 1, 2017, and ending Dec 31, 2019.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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On behalf of the Public Health, Environment, Civil Rights & Engagement Committee, Cunningham offered Ordinance 2018-076 amending Title 10, Chapter 203 of the Minneapolis Code of Ordinances relating to Food Code: Grocery Stores, amending provisions related to staple foods.

The following is the complete text of the unpublished summarized ordinance.

ORDINANCE 2018-076 By Gordon Intro & 1st Reading: 8/31/2018 Ref to: PECE 2nd Reading: 12/7/2018

Amending Title 10, Chapter 203 of the Minneapolis Code of Ordinances relating to Food Code: Grocery Stores.

The City Council of the City of Minneapolis do ordain as follows:

Section 1. That Section 203.10 of the above-entitled ordinance be amended to read as follows:

203.10. Definitions. As used in this chapter, the following words and phrases shall mean:

Accessory food items. Non-staple food items, such as coffee, tea, cocoa, carbonated and un-carbonated drinks, candy, condiments, and spices.

Accessory use grocery. A retail establishment that sells staple foods as an accessory use to its primary business, or sells only specialized types or classes of staple foods and accessory foods, including, but not limited to, such establishments as imported food stores and gift shops. The definition of accessory use grocery does not include stores that accept government supplemental nutrition programs., unless the commissioner of health makes a finding, upon application by the store or proposed store, that the store’s inventory and business plan and practices will be sufficient to meet or exceed established public health goals with regard to providing meaningful and local community access to healthy food options.

Grocery store. A retail establishment that sells such products as staple foods, accessory food items, and household goods.

Staple foods. Those food items intended for home preparation and consumption, including meat, poultry, fish, bread, and breadstuffs, cereals, vegetables, fruits, fruit and vegetable juices, and dairy products. All grocery stores licensed under this chapter must offer for sale food for home preparation and consumption, on a continuous basis. The following items and quantities are required:

(a) Milk: Five (5) gallons of unsweetened, unflavored, fluid cow's milk in up to a gallon or half-gallon containers in any combination of at least two (2) of the following varieties: skim or nonfat, one (1) percent, or two (2) percent, or "plain" or "original" soy milk or other milk alternatives.

(b) Cheese: Six (6) pounds of cheese in packages of at least one-half (½) pound (eight (8) ounces) each, in any combination of at least three (3) varieties, not including processed cheese products.

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(d) Meat and vegetable protein sources: At least three (3) varieties of meat, poultry, canned fish packed in water, or vegetable proteins such as nut butter and/or tofu. Nut butters can be up to eighteen (18) ounces in size and are not to contain any other food product such as jelly, jam, chocolate or honey.

(e) Fruits and vegetables: Thirty (30) pounds or fifty (50) items total of fresh and/or frozen fruits and vegetables that do not contain added ingredients including sweeteners, salt, sauces, or seasonings, in at least seven (7) varieties, with at least five (5) varieties that are fresh and perishable, and with no more than fifty (50) percent of the total selection being from a single variety.

(f) Juice: Six (6) containers of any combination of the following, as long as at least two (2) containers are one hundred (100) percent citrus juice, (orange, grapefruit or orange/grapefruit) in any combination of the following types:

(1) Eleven and one-half (11½) to twelve (12) ounce containers of pure and unsweetened frozen or non- frozen concentrate one hundred (100) percent juice; or

(2) Fifty-nine (59) ounce or larger containers of pure and unsweetened one hundred (100) percent juice.

(g) Whole grain cereal: Four (4) boxes or bags twelve (12) ounces or larger of whole grain cereal or cereal grains in any combination of at least three (3) varieties.

(h) Whole grains: Five (5) pounds of whole grains of at least three (3) varieties such as bread, corn tortillas, brown rice or oatmeal.

(i) Canned beans: One hundred ninety-two (192) ounces of canned beans or legumes in any combination of at least three (3) varieties.

(j) Dried peas, beans, lentils: Four (4) packages, up to sixteen (16) ounces in size, of dried beans, peas or lentils without any added ingredients.

(1) Dairy/Dairy Alternatives: Eight (8) gallons/pounds of dairy or dairy alternatives, in at least three (3) of the following varieties, two (2) of which much be milk/milk alternatives: a. Milk/Milk Alternatives: unsweetened, unflavored, fluid cow’s milk (skim, 1% or 2% only) or “plain” or “original” soy milk or other cow’s milk alternatives, in containers of at least one (1) quart; b. Kefir: in containers of at least one (1) quart; in any flavor; c. Cheese: in packages of at least eight (8) ounces; not including processed cheese products; d. Yogurt: in containers of at least twenty-two (22) ounces including multi-packs totaling at least twenty- two (22) ounces; in any flavor.

(2) Animal and Vegetable Proteins: At least four (4) varieties of meat, poultry, canned fish packed in water, fresh eggs, or vegetable proteins such as nut butter and tofu. Containers of nut butters can be up to eighteen (18) ounces in size and are not to contain any other food product such as jelly, jam, chocolate or honey.

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(3) Fruits and Vegetables: Thirty (30) pounds or fifty (50) items total of fresh and/or frozen fruits and vegetables that do not contain added ingredients including sweeteners, salt, sauces, or seasonings, in at least seven (7) varieties, with at least four (4) varieties that are fresh and perishable, and with no more than fifty percent (50%) of the total selection being from a single variety.

(4) Juice: Six (6) containers of any combination of the following, as long as at least two (2) containers are one hundred percent (100%) citrus juice, (orange, grapefruit or orange/grapefruit), in any combination of the following types: a. Eleven and one-half (11 1/2) to twelve (12) ounce containers of pure and unsweetened frozen or non- frozen concentrate one hundred percent (100%) juice; or b. Fifty-nine (59) ounce or larger containers of pure and unsweetened one hundred percent (100%) juice

(5) Whole Grains: Eight (8) pounds of whole grains in any combination of at least six (6) varieties such as bread, corn tortillas, brown rice or oatmeal.

(6) Legumes: Two hundred fifty-six (256) ounces of canned or dried beans, peas, or lentils without any added ingredients, in any combination of at least four (4) varieties, in packages up to thirty-two (32) ounces in size.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Public Health, Environment, Civil Rights & Engagement Committee, Cunningham offered Ordinance 2018-077 amending Title 11, Chapter 214 of the Minneapolis Code of Ordinances relating to Health and Sanitation: Health Department, creating an Office of Violence Prevention within the Health Department.

The following is the complete text of the unpublished summarized ordinance.

ORDINANCE 2018-077 By Cunningham Intro & 1st Reading: 11/2/2018 Ref to: PECE 2nd Reading: 12/7/2018

Amending Title 11, Chapter 214 of the Minneapolis Code of Ordinances relating to Health and Sanitation: Health Department.

The City Council of the City of Minneapolis do ordain as follows:

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Section 1. That Chapter 214 of the Minneapolis Code of Ordinances be amended by adding thereto a new Section 214.60 to read as follows:

214.60 – Office of Violence Prevention. (a) Findings and purpose. Recognizing the broad intersection between various forms of violence and its impacts on the health of youth, family, and community, the City establishes an Office of Violence Prevention (“the OVP”). The OVP will be located within the health department and will provide strategic direction and coordination for the City of Minneapolis’s effort to reduce the risk of violence on an enterprise-wide basis through a variety of linked strategies.

(b) Duties of the Office of Violence Prevention. The efforts of the OVP will be focused on all matters related to violence prevention and reduction. The OVP will:

(1) Develop a Citywide comprehensive plan for violence prevention and reduction in collaboration with city departments, community stakeholders, and any relevant advisory boards or commissions, to be reviewed and updated as necessary by the OVP every three years;

(2) Oversee the city’s comprehensive plan for violence prevention and reduction;

(3) Collect, analyze, and report violence-related data from across the city enterprise;

(4) Coordinate, convene, and support advisory boards or commissions that have or may be created to focus on advancing the city’s violence prevention efforts;

(5) Coordinate, convene, and staff the city’s internal violence prevention stakeholder group; and

(6) Ensure connection with regional, state, and national efforts to reduce violence.

(c) The OVP will be advised by any advisory boards or commissions that the city council has or may create to focus on and support violence prevention and reduction.

(d) Reporting. The OVP will provide annual formal reports to the city council and mayor.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Public Health, Environment, Civil Rights & Engagement Committee, Cunningham offered Ordinance 2018-078 amending Title 2 of the Minneapolis Code of Ordinances relating to Administration, adding a new Chapter 42 entitled "Municipal Identification Program."

The following is the complete text of the unpublished summarized ordinance.

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ORDINANCE 2018-078 By Cano Intro & 1st Reading: 2/9/2018 Ref to: PECE 2nd Reading: 12/7/2018

Amending Title 2 of the Minneapolis Code of Ordinances relating to Administration.

The City Council of the City of Minneapolis do ordain as follows:

Section 1. That the Minneapolis Code of Ordinances be amended by adding thereto a new Chapter 42 to read as follows:

CHAPTER 42. - MUNICIPAL IDENTIFICATION PROGRAM

42.10. - Findings; Purpose. The city recognizes that many of its residents do not have adequate access to recognized forms of identification, and therefore may have difficulty obtaining services and fully participating in city and civic programs and activities. The city finds that the establishment of a City Identification Card program will aid the general welfare of the community and will be a positive and productive resource to assist all city residents in gaining access to services, programs and activities in the city, by providing all residents with a means to demonstrate their identity and residency within the city.

42.20. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City Identification Card means the identification card issued by the City of Minneapolis that displays at least the following information:

(1) The cardholder's full legal name;

(2) Date of birth;

(3) Residence address or an address designated by the Minnesota Secretary of State pursuant to Minn. Stat. § 5B.05;

(4) Photograph;

(5) Signature;

(6) Identification card number; and

(7) An expiration date.

The card may, at the applicant’s option, display the applicant’s self-designated gender and preferred name.

Program Administrator means the city clerk’s office.

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Resident means a person who has been present within the city’s geographic boundaries for a minimum of thirty (30) continuous days prior to applying for a City Identification Card and who presents proof of residency as specified in this chapter.

42.30. - Creation and Issuance. (a) The program administrator is authorized to create a City Identification Card program for the purpose of issuing City Identification Cards to residents who satisfy the eligibility and application requirements set forth in this chapter and pay the applicable fee.

(b) The program administrator shall issue City Identification Cards to all residents who satisfy the requirements of this chapter without regard to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, familial status, gender identity, disability, age, marital status, status with regard to a public assistance program, or citizenship or immigration status.

(c) The program administrator will cause the City Identification Card to be designed and produced in such a manner as to prevent unauthorized replication, counterfeiting, or fraud.

(d) A City Identification Card expires four (4) years from the date of issuance.

(e) The program administrator is directed to explore the creation of partnerships and intergovernmental agreements for the purpose of increasing acceptance of the City Identification Card and providing amenities and benefits to cardholders.

42.40. - Eligibility and Application. (a) Eligibility. As provided in this section, the program administrator may issue a City Identification Card to a resident who is at least thirteen (13) years of age, submits a completed application form signed under penalty of perjury, demonstrates proof of identity, demonstrates proof of residency within city geographic boundaries, and pays the applicable fee.

(b) Proof of identity. An applicant shall present as proof of identity one (1) primary identification document and one (1) secondary identification document, as described below. A document that demonstrates the applicant's identity must be an original or a copy certified by the issuing agency. If the applicant's current legal name is different from the identification document, the applicant must also submit proof of a legal name change.

(1) Primary identification documents. Primary identification documents must contain full legal name, date of birth, signature, expiration date, and photo of the document holder. The following documents are accepted: a. Minnesota Drivers’ License or permit or Minnesota State Identification Card including a full color photograph that is current or has been expired for five (5) years or less. b. Valid, unexpired United States Passport or Passport Card; c. Valid, unexpired Minnesota Tribal Identification Card; d. Valid, unexpired Employment Authorization Card with photo (I-688 or I-766); e. Valid, unexpired Permanent Resident or Resident Alien Card (I-551 or I-151); f. Valid, unexpired Re-entry Permit/Refugee Travel Document (I-327, I-571);

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1. The issuing country authorizes the use of the card as an alternative to a passport for re-entry into the issuing country; and

2. The card includes a photograph of the applicant and the applicant’s date of birth.

(2) Secondary identification documents. The following documents are accepted: a. A second primary document; b. Driver’s license or permit or state identification card containing a full color photograph issued by any other state, territory or possession of the United States or the District of Columbia or any Canadian province or territory, that is current or has been expired for five (5) years or less; c. U. S. nonmetal Social Security Card or Canadian Social Insurance Card; d. Valid, unexpired American Indian Card (I-872); e. Certified birth record issued by a government bureau of vital statistics or community health board of any state, territory or possession of the United States (excluding hospital records/certificates and abstracts of birth); f. United States certificate of birth abroad (FS-240, FS-545 or DS-1350); g. Certified adoption certificate from a United States Court; h. Canadian birth certificate or Canadian naturalization certificate. i. Certified birth certificate issued by any foreign government; j. Certified government-issued marriage certificate; k. Certified copy of a court order from a United States or Canadian court containing the applicant’s full name and date of birth and bearing the Court’s seal; l. Certified secondary or post-secondary school transcript containing applicant’s full legal name and date of birth;

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(c) Proof of residency. To establish residency, an applicant must present one (1) of the below documents, which must include both the applicant's name and a residential address located within the city’s geographic boundaries. An applicant may prove residency using documents bearing the name of a spouse if the applicant presents a certified copy of a marriage certificate.

(1) Minnesota Drivers’ License or permit or Minnesota State Identification Card including a full color photograph that is current or has been expired for five (5) years or less;

(2) Utility bill (e.g., cable, cell phone, gas, electric) dated within the last thirty (30) days;

(3) Written verification confirming a minimum of thirty (30) days of residency, dated within the last thirty (30) days, issued by a homeless shelter located within the city;

(4) Written verification issued by a hospital, health clinic, or social services agency located within the city confirming a minimum of thirty (30) days of residency, dated within the last thirty (30) days;

(5) Local property tax statement for the current year;

(6) Mortgage payment receipt dated within the last thirty (30) days;

(7) Bank account statement dated within the last thirty (30) days;

(8) Proof of current enrollment in a school located within the city’s geographic boundaries, which can be used to establish proof of residency for either the student and/or parent of student;

(9) Employment pay stub dated within the last thirty (30) days;

(10) Jury summons or court order issued by a state or federal court dated within the last thirty (30) days;

(11) Federal or state income tax or refund statement dated within the last thirty (30) days;

(12) Insurance bill (homeowner's, renter's, health, life, or automobile insurance) dated within the last thirty (30) days; or

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(13) Persons certified by the Minnesota Secretary of State as program participants under Minn. Stat. § 5B.03 may provide the address designated pursuant to Minn. Stat. § 5B.05 along with proof of program participation, which shall be confirmed with the Secretary of State, and a signed affirmation of residence within the City.

(d) Documentation in any language other than English must be accompanied by a certified English translation of the document. The program administrator may adopt rules and regulations establishing standards for the translation of documents.

(e) The program administrator will cause city staff to be trained in document review and provided with the necessary equipment and information to evaluate the authenticity of documents presented to establish eligibility.

(f) Renewal. The holder of a City Identification Card may renew an identification card no more than three (3) months before the expiration of an unexpired card or three (3) months after the card’s expiration date. An applicant for renewal shall present as identification a current, valid City Identification Card or one that has been expired three (3) months or less, together with current proof of residency pursuant to subsection (c), shall complete and sign a renewal application form, and shall pay the applicable fee.

(g) Applicable Fee. The program administrator shall propose a schedule of fees to be adopted by the City Council. Applicants receiving means-tested public assistance or who have limited incomes may receive a full or partial waiver of fees upon approval by the program administrator.

42.50. - Acceptance and Use. (a) All departments of the city shall accept a City Identification Card issued pursuant to this chapter as lawful proof of identity and lawful proof of residency within the city, except as otherwise required by state or federal law.

(b) Any business that is required by city ordinance or licensing conditions imposed by the city to verify the identity, residency, or age of patrons may accept a City Identification Card as lawful proof of identity, residence, or age, except as otherwise required by state or federal law.

(c) Nothing in this section is intended to prohibit city departments from verifying the accuracy or authenticity of a City Identification Card, or that it belongs to the bearer; or from requiring additional information or documentation as required to establish eligibility for a state or federal program; or from requiring additional information to otherwise fulfill the department's responsibilities.

(d) This section does not apply when:

(1) A federal or state statute, administrative regulation or directive, or court decision requires the city to obtain different identification or proof of residency;

(2) A federal or state statute or administrative regulation or directive preempts local regulation of identification or residency requirements; or

(3) Prohibited by the terms and conditions imposed on the city by a funding source.

(e) No city department may accept a City Identification Card as proof of identity or residence if it reasonably believes that the City Identification Card is counterfeit, altered, or improperly issued; or the

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City Council Proceedings – December 7, 2018 individual presenting the City Identification Card is not the individual to whom it was issued; or the City Identification Card otherwise is determined not to be accurate identification.

(f) In undertaking the adoption and enforcement of this chapter, the city is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation the breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

42.60. - Cardholder responsibilities. (a) A cardholder must notify the program administrator within thirty (30) days of any change of name or change in address within the city. Upon receipt of notification and completion by the cardholder of a new application, along with proof of lawful change of name and/or proof of new residence address pursuant to Section 42.40(c), the program administrator will issue a new City Identification Card.

(b) If a cardholder no longer resides within the city or expects to reside outside the city for a period of more than ninety (90) consecutive days, the cardholder must surrender the City Identification Card issued under this chapter by mailing the card to the program administrator with an acknowledgement of an intent to reside elsewhere.

42.70. - Fraudulent Use a Misdemeanor. It is a misdemeanor violation of the Minneapolis Code of Ordinances for any person or entity to do any of the following acts:

(1) Knowingly present false information to the city when applying for a City Identification Card;

(2) Alter, copy, or replicate a City Identification Card without the authority of the city; or

(3) Use the City Identification Card issued to another person with the intent to cause a third person or entity to believe that the card user is the person to whom the card was issued.

42.80. - Implementation and Administration. (a) The program administrator is authorized to adopt rules and regulations consistent with this chapter as necessary to administer the program authorized by this chapter.

(b) The program administrator may suspend or revoke a City Identification Card for violation of rules and regulations adopted by the program administrator or for a violation of this article.

(c) Beginning in the year 2020, and annually thereafter, the program administrator shall provide a report to the appropriate committee of the city council regarding the implementation of the program authorized by this chapter. This report may include recommendations for possible improvements to this chapter.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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COUNCIL ACTION 2018A-0978 The Minneapolis City Council hereby approves the following actions as relates to the Homegrown Minneapolis Food Council: 1. Approves Council appointments to fill unexpired two-year terms, beginning Jan 1, 2018, and ending Dec 31, 2019: Andrea Eger, Seat 4, Ward 3; and Teresa Opheim, Seat 7, Ward 2.

2. Confirms Mayoral appointments to fill unexpired two-year terms, beginning Jan 1, 2018, and ending Dec 31, 2019: Tsega Tamene, Seat 12; and Emily Minge, Seat 13, Ward 9.

3. Waives the residency requirement (Minneapolis Code of Ordinance 14.180) for Tsega Tamene.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0979 The Minneapolis City Council hereby approves the following actions as relates to the Community Environmental Advisory Commission: 1. Approves Council appointments for two-year terms beginning Jan 1, 2019, and ending Dec 31, 2020: Michelle Shaw, Seat 1, Ward 1; Erin Niehoff, Seat 2, Ward 2; Brady Steigauf, Seat 3, Ward 8; Forrest Theisen, Seat 4, Ward 8; David Watts, Seat 5, Ward 10; Jason Alvey, Seat 6, Ward 4; Molly Ellis, Seat 7, Ward 6; Cody Welchin, Seat 8, Ward 9; Jimmy Randolph, Seat 9, Ward 11; Tim Sexton, Seat 10, Ward 13; and Lisa Daniels, Seat 11, Ward 7.

2. Confirms Mayoral appointments for two-year terms beginning Jan 1, 2019, and ending Dec 31, 2020: Allan Campbell, Seat 12, Ward 13; Thomas Olsen, Seat 13, Ward 10; Anthony Varriano, Seat 14, Ward 5; Nicole Bauchnight, Seat 15, Ward 1; Marianna Hefte, Seat 16, Ward 9; Katie Hill Brandt, Seat 17, Ward 8; Sandy Fazeli, Seat 18, Ward 11; and Nicholas Minderman, Seat 19, Ward 3.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0980 The Minneapolis City Council hereby amends Council Action 2018A-0683, passed Aug 31, 2018, to read as follows:

“The Minneapolis City Council hereby authorizes a site agreement with AmeriCorps to host, for one year, a two Minnesota Opioid Response Corps members to work on designing and framing the work of the Minneapolis Health Department in collaboration with the Mayor’s Task Force on the opioid epidemic.”

On roll call, the result was:

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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Public Health, Environment, Civil Rights & Engagement Committee, Cunningham offered Resolution 2018R-423 accepting a donation of travel and lodging-related expenses from the National Partnership for New Americans for Michelle Rivero, Director of the Office of Immigrant and Refugee Affairs, to attend the 2018 National Immigrant Integration Conference from Dec 9-11, 2018.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-423 Accepting a donation of travel and lodging-related expenses from the National Partnership for New Americans for Michelle Rivero, Director of the Office of Immigrant and Refugee Affairs, to attend the 2018 National Immigrant Integration Conference from Dec 9-11, 2018.

Whereas, the City of Minneapolis is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes, Section 465.03, for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes, Section 471.17; and

Whereas, the following persons and entities have offered to contribute the gifts set forth below to the city:

Name of Donor – The National Partnership for New Americans.

Gift – Registration and lodging expenses to attend the annual NIIC conference in Arlington, Virginia.

Whereas, no goods or services were provided in exchange for said donation; and

Whereas, all such donations have been contributed to assist the city in allowing the Director of the Office of Immigrant and Refugee Affairs to engage with policymakers, academics, corporate, and community leaders, researchers and practitioners, faith and labor leaders, and funders from across the country to develop relationships, build campaigns, amplify shared values, be inspired, build relationships, and share ideas, strategies, lessons learned, and new information and innovations as allowed by law; and

Whereas, the City Council finds that it is appropriate to accept the donation offered;

Now, Therefore, Be It Resolve d by The City Council of The City of Minneapolis:

That the donations described above are hereby accepted and shall be used for Michelle Rivero, Director of the Office of Immigrant and Refugee Affairs to engage with other leaders, professionals and experts in the Immigrant and Refugee field and community.

On roll call, the result was:

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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

The PUBLIC SAFETY & EMERGENCY MANAGEMENT Committee submitted the following report: COUNCIL ACTION 2018A-0981 The Minneapolis City Council hereby: 1. Accepts the 2018 Emergency Management Performance Grant award in the amount of $30,000 for the purpose of providing federal funds to states to assist state, local, territorial and tribal governments in preparing for all hazards incidents.

2. Passage of Resolution 2018R-424 approving appropriation of funds to the Emergency Management Department.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-424 By Warsame

Amending The 2018 General Appropriation Resolution.

Resolved by The City Council of The City of Minneapolis:

That the above-entitled resolution, as amended, be further amended by increasing the appropriation for the Emergency Management Department in the grant Fund 01300-8440100 by $30,000, and increasing the Emergency Management revenue estimate in the grant Fund 01300-8440100 by $30,000.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0982 The Minneapolis City Council hereby: 1. Accepts the 2018 Urban Area Security Initiative Grant from the Department of Homeland Security in the amount of $900,000 for the purpose of addressing the unique risk-driven and capabilities-based planning, organization, equipment, training. and exercise needs of high-threat, high density urban areas.

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2. Passage of Resolution 2018R-425 approving appropriation of funds to the Emergency Management Department.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-425 By Warsame

Amending The 2018 General Appropriation Resolution.

Resolved by The City Council of The City of Minneapolis:

That the above-entitled resolution, as amended, be further amended by increasing the appropriation for the Emergency Management Department in the grant Fund 01300-8440100 by $900,000.00, and increasing the Emergency Management revenue estimate in the grant Fund 01300-8440100 by $900,000.00.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0983 The Minneapolis City Council hereby: 1. Authorizes the Minneapolis Police Department to enter into an agreement with the State of Minnesota, Office of State Court Administration, for authorized access to Court Data Services and Court Records through Minnesota Government Access (MGA), a web-based tool that is replacing Odyssey Assistant as the new Court Records system.

2. Passage of Resolution 2018R-426 authorizing the Minneapolis Chief of Police to bind the City of Minneapolis to the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies.

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The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-426 By Cano

Authorizing the Minneapolis Police Department to enter into an agreement with the State of Minnesota, Office of State Court Administration for Court Data Services.

Whereas, the court offers Court Data Services, as defined in the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, to Minnesota Government Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted within The Master Subscriber Agreement; and

Whereas, the City of Minneapolis desires to use Court Data Services, and the Court desires to provide the same, to assist the City of Minneapolis in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body according to The Master Subscriber Agreement; and

Whereas, the City Council of the City of Minneapolis has determined that it is in the best interest of the City of Minneapolis to enter into a Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies;

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the Chief of Police is hereby authorized to sign on behalf of the City of Minneapolis and bind the City of Minneapolis to the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies.

COUNCIL ACTION 2018A-0984 The Minneapolis City Council hereby authorizes an extension to Contract No. C-43706 with the Downtown Improvement District (DID) through Dec 31, 2018, for Minneapolis Police Department (MPD) policing in downtown Minneapolis during Holidazzle events.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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City Council Proceedings – December 7, 2018

COUNCIL ACTION 2018A-0985 The Minneapolis City Council hereby authorizes a contract with Horsemen, Inc. in a total amount of $534,560 over five years for boarding services for Minneapolis Police Department (MPD) mounted patrol horses.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0986 The Minneapolis City Council hereby approves the following as relates to the Police Conduct Oversight Commission: 1. Approves Council appointments for 2-year terms, beginning Jan 1, 2019, and ending Dec 31, 2020: Lacy Schumacher, Seat 1, Ward 1; Afsheen Foroozan, Seat 2, Ward 3; and Caitlin Gokey, Seat 8, Ward 10.

2. Confirms Mayoral reappointment for a 2-year term, beginning Jan 1, 2019, and ending Dec 31, 2020: Jeffrey Wade, Seat 5, Ward 13.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0987 The Minneapolis City Council hereby approves the reappointment by the Executive Committee of Medaria Arradondo to the appointed position of Chief of Police Department for a three-year term beginning Jan 2, 2019.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Committee, Cunningham offered Ordinance 2018-079 amending Title 9, Chapter 173 of the Minneapolis Code of Ordinances relating to Fire and Police Protection: Fire, amending provisions related to powers and duties of the Fire Chief and authorized department activities.

The following is the complete text of the unpublished summarized ordinance.

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City Council Proceedings – December 7, 2018

ORDINANCE 2018-079 By Fletcher and Cunningham Intro & 1st Reading: 10/5/2018 Ref to: PSEM 2nd Reading: 12/7/2018

Amending Title 9, Chapter 173 of the Minneapolis Code of Ordinances relating to Fire and Police Protection: Fire.

The City Council of the City of Minneapolis do ordain as follows:

Section 1. That Section 173.20 of the above-entitled ordinance be amended to read as follows:

173.20. Powers and duties of chief generally. (a) The chief shall have full control over all apparatus, equipment and supplies and full control and command over all persons in the employ of the fire department, and shall possess full power and authority over its organization, government and discipline, and to that end shall, from time to time, prescribe and enforce such rules and issue such orders as the chief may deem advisable.

(b) The chief shall at all times supervise and keep in repair and ready for instant use all apparatus, equipment and supplies used for authorized department activities which may include fire prevention, fire protection, and fire fighting and other emergency rescue and emergency medical response services and programming. The chief shall keep a record of all fires and causes for and losses incurred in such fires as accurately as such causes and losses can be ascertained. The chief shall submit a report of the condition and activities of the fire department to the city council at the close of each fiscal year or as soon thereafter as is practicable.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

The TRANSPORTATION & PUBLIC WORKS Committee submitted the following report: On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2018R-427 ordering the work to proceed and adopting the special assessments for the North Loop Paving Street Reconstruction Project No. 6766 (PV135).

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-427 By Reich

Ordering the work to proceed and adopting the special assessments for the North Loop Paving Street Reconstruction Project No. 6766 (PV135).

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Whereas, a public hearing was held on Nov 27, 2018, in accordance with Minneapolis City Charter, Article IX Section 9.6(c), and Minneapolis Code of Ordinances, Section 24.110, to consider the proposed improvements as designated in Resolution 2018R-324 passed Oct 19, 2018, to consider the proposed special assessments as on file in the Public Works Special Assessments Office, and to consider all written and oral objections and statements regarding the proposed improvements and the proposed special assessments;

Now, Therefore, Be lt Resolved by The City Council of The City of Minneapolis:

That the City Engineer is hereby ordered to proceed and do the work as designated in said Resolution 2018R-324, passed Oct 19, 2018.

Be lt Further Resolved that the proposed special assessments in the total amount of $1,539,927.25 for the North Loop Paving Street Reconstruction Project (Levy 01026, Project 6766C, CPV135), as on file in the Public Works Special Assessment Office, be and hereby are adopted and assessed against the benefited properties.

Be lt Further Resolved that the number of successive equal annual principal installments by which the special assessments of more than $150 may be paid shall be fixed at twenty (20) with the interest rate to be determined by the Finance Department, with collection of the special assessments to begin on the 2020 real estate tax statements.

Be lt Further Resolved that the number of installments by which the special assessments of $150 or less may be paid shall be fixed at one (1) with the interest rate to be determined by the Finance Department, with collection of the special assessments to be collected in their entirety on the 2020 real estate tax statements.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2018R-428 requesting the Board of Estimate and Taxation to issue and sell City of Minneapolis bonds in the amount of $1,539,930 for the purpose of paying the assessed cost of street improvements in the North Loop Street Reconstruction Project No. 6766 (CPV135).

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-428 By Reich

Requesting the Board of Estimate and Taxation to issue and sell City of Minneapolis bonds in the amount of $1,539,930 for certain purposes other than the purchase of public utilities.

Resolved by the City Council of the City of Minneapolis:

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City Council Proceedings – December 7, 2018

That the Board of Estimate and Taxation be requested to authorize the City to incur indebtedness and issue and sell City of Minneapolis bonds for the purpose of paying the assessed cost of street improvements in the North Loop Street Reconstruction Project No. 6766 (CPV135), to be assessed against benefited properties as estimated by the City Council, which assessments shall be collectible in twenty (20) successive annual installments, payable in the same manner as real estate taxes.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2018R-429 ordering the City Engineer to abandon and remove the areaways located in the public street right-of-way that are in conflict with the street reconstruction projects in the North Loop Project area.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-429 By Reich

Ordering the City Engineer to abandon and remove the areaways located in the public street right-of-way that are in conflict with the street reconstruction projects in the North Loop Project area.

Whereas, the City of Minneapolis has scheduled the reconstruction starting in 2019 in the North Loop project area of Minneapolis; and

Whereas, there are areaways located in the public street right-of-way that are in conflict with said reconstruction; and

Whereas, a public hearing was held on Nov 27, 2018, in accordance with Minneapolis City Charter, Article IX, Section 9.6(c), and Minneapolis Code of Ordinances, Sections 24.220 and 95.90, to consider the proposed abandonment and removal of the above-mentioned areaways and to consider all written and oral objections and statements regarding the proposed areaway abandonment and removal;

Now Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the City Engineer is hereby ordered and directed to abandon and remove the conflicting areaways located in the public street right-of-way adjoining the properties along both sides of the following streets:

3rd St N from 10th Ave N to 5th Ave N; 8th Ave N and 9th Ave N from 3rd St N to Washington Ave N; 7th Ave N from 4th St N to Washington Ave N; and 5th Ave N from 4th St N to Washington Ave N.

On roll call, the result was:

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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2018R-430 ordering the work to proceed and adopting the special assessments for the 8th St S (Hennepin Ave to Chicago Ave) Reconstruction Project No. 2287 (PV054).

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-430 By Reich

Ordering the work to proceed and adopting the special assessments for the 8th St S (Hennepin Ave to Chicago Ave) Reconstruction Project No. 2287 (PV054).

Whereas, a public hearing was held on Nov 27, 2018, in accordance with Minneapolis City Charter, Article IX, Section 9.6(c), and Minneapolis Code of Ordinances, Section 24.110, to consider the proposed improvements as designated in Resolution 2018R-323 passed Oct 19, 2018, to consider the proposed special assessments as on file in the Public Works Special Assessment Office, and to consider all written and oral objections and statements regarding the proposed improvements and the proposed special assessments;

Now, Therefore, Be lt Resolved by The City Council of The City of Minneapolis:

That the City Engineer is hereby ordered to proceed and do the work as designated in said Resolution 2018R-323, passed Oct 19, 2018.

Be It Further Resolved that the proposed special assessments in the total amount of $1,437,043.05 for the 8th St S (Hennepin Ave to Chicago Ave) Street Reconstruction Project (Levy 01026, Project 2287C, CPV054, Municipal State Aid (MSA) Street No. 434), as on file in the Public Works Special Assessment Office, be and hereby are adopted and assessed against the benefited properties.

Be It Further Resolved that the number of successive equal annual principal installments by which the special assessments of more than $150 may be paid shall be fixed at twenty (20) with the interest charged at a rate to be determined by the Finance Department, with collection of the special assessments to begin on the 2020 real estate tax statements.

Be It Further Resolved that the number of installments by which the special assessment of $150 or less may be paid shall be fixed at one (1) with the interest charged at a rate to be determined by the Finance Department, with collection of the special assessments to be collected in their entirety on the 2020 real estate tax statements.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13)

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City Council Proceedings – December 7, 2018

Noes: (0) Absent: (0) Adopted.

On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2018R-431 requesting the Board of Estimate and Taxation to issue and sell City of Minneapolis bonds in the amount of $1,437,045 for the purpose of paying the assessed cost of street improvements in the 8th St S Street Reconstruction Project No. 2287.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-431 By Reich

Requesting the Board of Estimate and Taxation to issue and sell City of Minneapolis bonds in the amount of $1,437,045 for certain purposes other than the purchase of public utilities.

Resolved by The City Council of The City of Minneapolis:

That the Board of Estimate and Taxation be requested to authorize the City to incur indebtedness and issue and sell City of Minneapolis bonds for the purpose of paying the assessed cost of street improvements in the 8th St S Street Reconstruction Project No. 2287, to be assessed against benefited properties as estimated by the City Council, which assessments shall be collectible in twenty (20) successive annual installments, payable in the same manner as real estate taxes.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2018R-432 ordering the City Engineer to abandon and remove the areaways located in the public street right-of-way that are in conflict with the street reconstruction projects in the 8th St S project area.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-432 By Reich

Ordering the City Engineer to abandon and remove the areaways located in the public street right-of- way that are in conflict with the street reconstruction projects in the 8th St S project area.

Whereas, the City of Minneapolis has scheduled the reconstruction starting in 2019 in the 8th St S project area of Minneapolis; and

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Whereas, there are areaways located in the public street right-of-way that are in conflict with said reconstruction; and

Now, Therefore, Be It Resolved by The City Council of the City of Minneapolis:

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0988 The Minneapolis City Council hereby adopts a Rental Insurance Policy allowing the City to decline rental agency-provided or required insurance since the City is already self-insured, as further set forth in Legislative File No. 2018-01443.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0989 The Minneapolis City Council hereby: 1. Authorizes the submission of an application to the Minnesota Department of Transportation for state transportation funds through the Minnesota Safe Routes to School State Infrastructure Program. 2. Authorizes the commitment of local funds to provide the required local match for the state funding.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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City Council Proceedings – December 7, 2018

COUNCIL ACTION 2018A-0990 The Minneapolis City Council hereby authorizes a contract with the City of Bloomington in the amount of $296,024 for reimbursement of water work performed by the City of Minneapolis.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0991 The Minneapolis City Council hereby authorizes an increase to Contract No. C-41881 with Bolton & Menk, Inc., in the amount of $213,419, for a total not to exceed $3,029,723, for additional professional services for the 4th St Reconstruction Project No. 2285 (CPV095).

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0992 The Minneapolis City Council hereby authorizes an increase to Contract C-43895 with Engineering and Construction Innovations, Inc. (ECI), in the amount of $28,925.31, for a total amount not to exceed $338,375.31, for additional services for the 14th Ave S Sanitary Sewer Replacement Project.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0993 The Minneapolis City Council hereby authorizes an increase to Contract No. C-42527 with Park Construction Company, in the amount of $375,465, for a total amount not to exceed $3,064,216.82, for the 18th Ave NE Reconstruction Project. No. 6750 (CPV080) to complete additional work related to signal modifications and adjustments to quantities.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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City Council Proceedings – December 7, 2018

COUNCIL ACTION 2018A-0994 The Minneapolis City Council hereby authorizes an increase to Contract No. C-41140 with Shafer Contracting Company, Inc., in the amount of $9,011.10, for a total amount not to exceed $4,484,982.30, to make final payments and close the contract for the 54th St W Reconstruction Project No. 6753 (CPV084).

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0995 The Minneapolis City Council hereby authorizes an amendment to Contract No. 42203 with Metropolitan Council Environmental Services adding revised terms for site restoration and maintenance associated with the Phase 9 Interceptor Improvement Project.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0996 The Minneapolis City Council hereby authorizes a conditional Right-of-Entry Agreement with BAE Systems for environmental monitoring on City-owned property at the Water Treatment Facility.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0997 The Minneapolis City Council hereby: 1. Approves the layout for the reconstruction of 33rd St E from Hiawatha Ave to Minnehaha Ave (Minnesota State Aid Street 245).

2. Authorizes negotiation with private property owners to acquire easements and additional right-of- way, if necessary, for the project.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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City Council Proceedings – December 7, 2018

COUNCIL ACTION 2018A-0998 The Minneapolis City Council hereby: 1. Approves the layout for the Industrial Blvd Multi-Use Trail between I-35W Exit 22 and Broadway St NE.

2. Authorizes negotiation with private property owners to acquire temporary construction easements, if necessary, for the project.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-0999 The Minneapolis City Council hereby denies a critical parking application based on a study of the area and impacts of area improvements in and around 10th Ave S from 21st St E to 22nd St E, and 21st St E from 10th Ave S to 11th Ave S, as further set forth in Legislative File No. 2016-01035.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2018R-433 authorizing execution of a Limited Use Permit with the Minnesota Department of Transportation for the existing pedestrian bike sidewalk "facility" as part of the 8th St SE Street Resurfacing Project No. 9964 (PV056) within Trunk Highway 35W right-of-way.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-433 By Reich

Authorizing execution of a Limited Use Permit with the Minnesota Department of Transportation for the existing pedestrian bike sidewalk "facility" as part of the 8th St SE Street Resurfacing Project No. 9964 (PV056) within Trunk Highway 35W right-of-way.

Whereas, the City of Minneapolis is a political subdivision, organized and existing under the laws of the State of Minnesota; and

Whereas, the City Council of the City of Minneapolis approved a plan to resurface 8th St SE between Central Ave NE and 15th Ave SE; and

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Whereas, the State of Minnesota, Department of Transportation, requires a Limited Use Permit for the operation and maintenance of said pedestrian bike sidewalk;

Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the City Council of the City of Minneapolis hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation, for the following purposes:

Operate and maintain a pedestrian bike sidewalk within the right-of-way of Trunk Highway 35W of the State of Minnesota at 8th St SE. The City of Minneapolis shall operate and maintain said facility in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation.

Be It Further Resolved that the City Council and the Mayor are authorized to execute the Limited Use Permit and any amendments to the Permit.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1000 The Minneapolis City Council hereby authorizes execution of an Assignment and Assumption Agreement with the Metropolitan Council, transferring rights, title, interest, and obligations related to the Luce Line Pedestrian Bridge (Bridge No. 27866) to the Metropolitan Council for the METRO Green Line Extension (Southwest Light Rail).

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1001 The Minneapolis City Council hereby authorizes the acceptance of the sole bid of Ziegler, Inc. submitted on Official Publication No. 8643, for an estimated annual expenditure of $350,000, to provide rental snow plowing equipment for the 2018 – 2019 snow season for Public Works Fleet Services Division, and authorizes a contract with Ziegler, Inc. with options to extend the contract for two additional years, all in accordance with City specifications and Ziegler, Inc. rental agreement.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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City Council Proceedings – December 7, 2018

The WAYS & MEANS Committee submitted the following report: COUNCIL ACTION 2018A-1002 Warsame moved the following: 1. Passage of Ordinance 2018-080 amending Title 2 of the Minneapolis Code of Ordinances relating to Administration, increasing the amount of pre-approved form contracts for professional, technical and service contracts, bidded contracts, and Target Market contracts from $100,000 to $175,000, consistent with competitive bidding thresholds in state law: 1. Chapter 17 Finance Department. 2. Chapter 18 Purchasing. 3. Chapter 18A Target Market Program.

2. Passage of Ordinance 2018-081 amending Title 16, Chapter 423 of the Minneapolis Code of Ordinances relating to Planning and Development: Small and Underutilized Business Enterprise Program, increasing the threshold amount from $100,000 to $175,000, consistent with competitive bidding thresholds in state law.

3. Passage of Resolution 2018R-434 approving revision of the review requirements of the Permanent Review Committee prior to consideration by the City Council.

4. Passage of Resolution 2018R-435 adopting the use of a form contract for professional, technical, and service contracts that are anticipated to be less than or equal to $175,000.

5. Authorizes city procurement procedures to be updated to reflect the changes in law.

On motion by Gordon, staff from Finance and Property Services was directed to report to the Public Health, Environment, Civil Rights & Engagement Committee and the Race Equity Subcommittee on a quarterly basis starting in the 3rd quarter of 2019 on the spending categories by department for the contracts under $175,000. To the extent individual departments do not show meaningful progress toward diversity of spending, Civil Rights and Finance and Property Services are directed to develop a policy that would require City departments to submit contracts for review by Civil Rights and Finance and Property Services in a manner similar to the “good faith efforts” process within the Small and Underutilized Business Program.

The following is the complete text of the unpublished summarized ordinances and resolutions.

ORDINANCE 2018-080 By Warsame Intro & 1st Reading: 11/2/2018 Ref to: Ways & Means 2nd Reading: 12/7/2018

Amending Title 2 of the Minneapolis Code of Ordinances relating to Administration.

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The City Council of the City of Minneapolis do ordain as follows:

Section 1. That Section 17.60 contained in Chapter 17, Finance Department, be amended to read as follows:

17.60. - Duties of finance officer. The finance officer:

(a) (1) Shall oversee all functions of the finance department.

(b) (2) Shall serve as treasurer to all city boards and commissions but shall not be a member of any city board or commission.

(c) (3) The finance officer may, with the consent of the city council, appoint an assistant finance officer who shall assist in the duties of the office and act as finance officer in the absence of the finance officer.

(d) (4) Shall assume all of the powers and duties that an assistant coordinator of finance and management would have and shall assume all of the powers and duties of the finance officer set forth in the City Charter or applicable laws of the State of Minnesota and such additional powers and duties as may be delegated to the finance officer by the city coordinator or the city council.

(e) (5) Shall assure that all administrative duties are performed as are set forth in Chapter 16 of this Code.

(f) (6) Shall sign all bonds, orders, certificates or other evidences of indebtedness of the city, or any of its boards, before any such bond, order, certificate or other evidence of indebtedness shall be valid.

(g) (7) Shall sign all bond documents and documents conveying city interest in real estate.

(h) (8) Shall sign all city contracts, and shall sign park board contracts as required in section 18.100, except under the following circumstances:

(1) a. The finance officer may designate up to two (2) persons regularly employed in the office to sign city contracts, and park board contracts under section 18.100, on behalf of the finance officer. The designees shall have the same authority to sign city contracts, and park board contracts under section 18.100, as the finance officer, except for city bond and city real estate conveyancing documents.

(2) b. The city council may, by adopting a resolution, approve the use of a city form contract that is: a. 1. Pre-approved by the city attorney; and b. 2. Consistent with the policies and procedures established, maintained, and modified from time to time by the city attorney and the finance officer. The policies and procedures must indicate the terms and conditions, and justifications for the city attorney to make non-material changes to any pre-approved form contracts adopted by resolution.

The city resolution must specify the title or position of those authorized to sign the form contract and the circumstances when the form contract may be used. A separate resolution for a city form contract may be adopted for professional, technical, and service contracts that are anticipated to be less than

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City Council Proceedings – December 7, 2018 or equal to one hundred thousand dollars ($100,000.00) one hundred seventy-five thousand dollars ($175,000.00).

(i) (9) Shall keep all records of all city contract documents, including the authority to enter into a contract and any other records deemed necessary. The finance officer also may establish those administrative procedures necessary for the management of city contracts.

(j) (10) Shall receive all moneys belonging to the city, including license money and fines, and keep an accurate and detailed account in such manner as directed by the city council.

(k) (11) Shall control public lands and buildings owned or leased by the city for municipal operations under the jurisdiction of the city council and shall take such measures for the proper maintenance and protection of public lands and buildings as in the judgment of the finance officer may be necessary. The finance officer shall also purchase or sell public lands and buildings subject to the approval of the city council. All leases of public property must involve adequate consideration to reimburse the city for property expenses. This subsection shall not apply to purchases, sales or leases for development purposes, or to those certain public lands and buildings that the city coordinator and city engineer determine are more appropriately maintained and controlled by a separate city official.

Section 2. That Section 18.170 contained in Chapter 18, Purchasing, be amended to read as follows:

18.170. – Joint purchases. Notwithstanding any other provision of this Code, when in the opinion of the purchasing agent and the purchasing committee any materials or supplies needed by the city or the several boards or departments of the city may be purchased jointly with the state or any subdivisions thereof at a lesser cost than if such purchase were made independently pursuant to the provisions of this chapter, the purchasing agent may enter into a cooperative purchasing agreement with the state or such governmental subdivision for the joint purchase of such materials or supplies. Notwithstanding any other provision of this Code, when in the opinion of the purchasing agent and the purchasing committee any commodities, materials or supplies, general services as limited by Minnesota Statutes, Section 16C.02, subd. 7a, or for services required as part of the implementation, maintenance or support of materials and associated intellectual property needed by the city or the several boards or departments of the city may be purchased jointly through the state, any subdivisions of the state, or through a national cooperative public purchasing or procurement agency, at a lesser cost than if such purchases were made independently pursuant to the other provisions of this chapter, the purchasing agent may enter into a cooperative purchasing agreement with the state, such governmental subdivision of the state, or national cooperative public purchasing or procurement agency, for the joint purchase of such commodities, materials or supplies, general services as limited by Minnesota Statutes, Section 16C.02, subd. 7a, or for services required as part of the implementation, maintenance or support of materials and associated intellectual property currently or previously purchased competitively or cooperatively. The purchasing agent shall carry out this section of the ordinance in accordance with the policy and procedure for joint purchases.

Section 3. That Section 18.200 contained in Chapter 18, Purchasing, be amended to read as follows:

18.200. - Equal benefits provisions in contracts. (a) The City of Minneapolis recognizes that a nationwide debate has advanced an expanded concept of familial relationships beyond traditional, marital relationships. This expanded concept includes relationships between two (2) non-married, adult partners who are committed to one another to the same extent as married persons are to each other, except for

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City Council Proceedings – December 7, 2018 the traditional marital status and solemnities. The City of Minneapolis also recognizes that it annually enters into numerous contracts for the purchase of goods and services. Requiring contractors to provide to employees with domestic partners benefits equal to those provided to employees who are married will require contractors to maintain a competitive advantage in recruiting and retaining the highest quality work force, thereby improving the quality of goods and services that the city receives. The City of Minneapolis has a fiscal responsibility to ensure that it purchases the best quality goods and services possible within its budgetary constraints. To ensure that the City of Minneapolis receives improved quality of goods and services, the functions of the purchasing agent are expanded as provided in this section.

(b) In addition to the functions described in this chapter, the purchasing agent for the city must do the following:

(1) Require that notice of the requirements of this section be provided in every request for proposal and bid specification, whether involving goods or services.

(2) Require that, unless an exception is granted by the city council pursuant to subsection (g), every contract include a provision that the contractor will comply with this section.

Cash equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for the death of a spouse. Cash payment would be in the form of the wages of the domestic partner employee for the number of days allowed. b. For disability insurance, life insurance, health benefits, and dental benefits, the cost to the contractor of the contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains such insurance in force for himself or herself. c. For a membership, the cost to the contractor of the membership fee normally paid for a spouse, as long as the domestic partner employee would have been provided such membership payments if the domestic partner employee would have had a spouse. d. For moving expenses and travel expenses, expenses that would have been paid to the domestic partner employee if the domestic partner of the employee were a spouse. e. For family leave, cash payment for the number of days that would be allowed as time off for an employee to care for a spouse who has a serious health condition. Cash payment would be in the form of the wages of the domestic partner employee for the number of days allowed.

Contract. An agreement which is estimated to exceed one hundred thousand dollars ($100,000.00) one hundred seventy-five thousand dollars ($175,000.00) for personal services; for the sale or purchase of supplies, materials, equipment or the rental thereof; or for the construction, alteration, repair or maintenance of personal property. Contract does not include development contracts.

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Contractor. Any individual, corporation, partnership, association, nonprofit organization, groups of persons, organization, company, firm, limited liability company, joint venture, enterprise, or any other legal or commercial entity, or combination thereof, which enters into a contract with the city, and which maintains twenty-one (21) or more employees on the payroll during twenty (20) or more calendar workweeks in either the current or the preceding calendar year. Workweeks include consecutive and nonconsecutive workweeks.

Domestic partner. a. Any person who has a currently registered domestic partnership with a governmental body pursuant to state, local, or other law authorizing such registration. The term domestic partnership should be construed broadly to include same-sex civil unions or other such same-sex unions in which two (2) same-sex individuals are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities; or b. Unless otherwise provided by state, local or other applicable law authorizing the registration of domestic partnerships, a person who is in a domestic partnership, which consists of two (2) adults who:

1. Are not related by blood closer than permitted under marriage laws of the state.

2. Are not married.

3. Are competent to enter into a contract.

4. Are jointly responsible to each other for the necessities of life.

5. Are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities.

6. Do not have any other domestic partner(s).

Domestic partner employee. An employee who has a domestic partner.

Employee. An individual who performs services for compensation for a contractor and who is entitled to one or more employee benefits. Employee does not include independent contractors.

Employee benefits. Unless otherwise prohibited by state, federal or other law, bereavement leave, disability insurance, life insurance, health benefits, dental benefits, family leave, memberships, moving expenses, and travel benefits provided to employees of the contractor.

Registry. A system or mechanism for the recognition of, at a minimum, domestic partners during the term of the contract.

Religious or denominational educational institution. An educational institution which is operated, supervised, controlled or sustained primarily by a religious or denominational organization, or is one which is stated by the parent church body to be and is, in fact, officially related to that church through church representation on the board of the institution and through substantial church financial assistance to the institution; and further includes any agent or employee of such an institution.

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Religious or denominational organization. Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection 26 U.S.C. § 501(h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

Serious health condition: Serious health condition as defined by the federal Family and Medical Leave Act.

Subcontractor: Any individual, corporation, partnership, association, nonprofit organization, groups of persons, organization, company, firm, limited liability company, joint venture, enterprise, or any other legal or commercial entity, or combination thereof, which enters into a contract with a contractor to perform work related to a contract that the contractor has with the city, and which maintains twenty-one (21) or more employees on the payroll during twenty (20) or more calendar workweeks in either the current or the preceding calendar year. Workweeks include consecutive and nonconsecutive workweeks.

(d) No contractor shall discriminate by policy or practice in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse. Any employee benefit provided in any manner contingent upon the existence of a marital relationship must also be provided to an employee who has a domestic partner. The contractor shall not be deemed to discriminate in the provision of employee benefits if, despite taking reasonable measures to do so, the contractor is unable to extend a particular employee benefit to a domestic partner, so long as the contractor provides the employee with a cash equivalent of such a benefit.

(e) The provisions of subsection (d) do not apply when the City of Minneapolis is purchasing through a cooperative or joint purchasing agreement.

(f) A contractor is deemed in compliance with subsection (d) if the contractor meets one of the following criteria:

(1) The contractor allows every employee to designate a legally domiciled member of the employee's household as being eligible for spousal equivalent benefits.

(2) The contractor maintains a registry from the execution of the contract to the completion of the contract. The maintenance of this registry shall include notice to employees of: a. The existence of such a registry. b. The requirements to be placed on the registry. c. The requirements to be removed from such a registry. d. The possibility of the extension of benefits to domestic partners of employees during the duration of any contract. However, upon request of an employee, the employee will be placed on the registry and will be provided equal benefits pursuant to subsection (d).

(3) The contractor states that, during the duration of the contract, it will provide notice to employees that the contractor will create a registry upon request of an employee of the contractor or upon request of the

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City Council Proceedings – December 7, 2018 director of the Minneapolis Civil Rights Department, or the director's designee. Such notice to employees shall also advise employees of the requirements to be placed on the registry, the requirements to be removed from the registry, and the possibility of the extension of benefits to domestic partners of employees during the duration of any contract.

(4) The contractor provides benefits neither to employees' spouses nor to employees' domestic partners.

(5) The contractor cannot comply with the requirements of subsection (d) because those requirements are inconsistent with a grant or agreement with a public agency.

(6) The contractor is a religious or denominational educational institution.

(7) The contractor is a religious or denominational organization.

(8) The contractor is a governmental entity.

(g) The city council may grant exceptions to the requirements of subsection (d) where:

(1) Award of a contract or amendment to a contract is necessary to respond to an emergency, where the existence of an emergency is determined by the city council. In determining whether there is an emergency, the city council may consider the following nonexclusive factors: the nature of the contract; the length of the contract; the cost of the contract; whether grants are involved in the contract and the requirements of those grants; whether there is a need to have materials and goods furnished immediately and the consequences of a delay in having those materials and goods furnished; the monetary consequences if action is not taken immediately; any safety issues that may be involved; the consequences on labor, increased labor costs, and scheduling of labor; the need to complete work before a strike deadline; and the impact of delaying one phase or portion of a project on the other phase(s) or portion(s) of the project.

(2) The city council considers the following nonexclusive factors and determines that an exception is in the best interests of the City of Minneapolis: a. The original contract was for one hundred thousand dollars ($100,000.00) one hundred seventy-five thousand dollars ($175,000.00) or less, amendments to the original contract have been made, and the amended contract exceeds one hundred thousand dollars ($100,000.00) one hundred seventy-five thousand dollars ($175,000.00). b. Bids are received, the bids demonstrate that none of the bidders can comply with this section, and one (1) or more of the bids would have been responsive if compliance with this section would not have been listed as a requirement in the bid specification. Under this circumstance, the city could then rebid and delete the bid specification of complying with this section in the rebid. c. A request for proposal is requesting unique services that can only be reasonably provided by one (1) contractor. d. There is only one (1) bidder. e. Only one (1) proposal is submitted to a request for proposal.

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City Council Proceedings – December 7, 2018 f. After a comparison between personal services proposals in which contractors would comply with this section with personal services proposals in which contractors would not comply with this section, the city council determines that the City of Minneapolis would gain a substantial cost savings by awarding a personal services contract to a contractor that will not comply with this section.

(h) Decisions by the city council to grant exceptions to the requirements of (d) are final.

(i) This section shall only apply to those portions of a contractor's operations that occur:

(1) Within the City of Minneapolis.

(2) On real property outside of the City of Minneapolis if the property is owned by the City of Minneapolis or if the City of Minneapolis has a right to occupy the property, and if the contractor's presence at that location is connected to a contract.

(3) Elsewhere in the United States where work related to a contract is being performed.

(j) The requirements of this section shall only apply during the duration of the contract.

(k) Except for subsection (l), all requirements of this section that apply to contractors shall also apply to subcontractors.

(l) The contractor will include the provisions of section 18.200 in every subcontract, specifically or by reference, so that such provisions will be binding upon each subcontractor.

(m) Because of its experience with the enforcement of other contractual requirements, and to avoid administrative costs of implementing a new enforcement unit, the Minneapolis Department of Civil Rights shall enforce the provisions of this section pursuant to all of its enforcement powers under Title 7 of this Code.

Section 4. That Section 18A.40 contained in Chapter 18A, Target Market Program, be amended to read as follows:

18A.40. - Target market program contracting. (a) Contracts that are not anticipated to exceed one hundred thousand dollars ($100,000.00) one hundred seventy-five thousand dollars ($175,000.00) may be set aside for only approved small business enterprises.

(b) Nothing in this chapter shall limit the city's right to reject all quotations or responses in the sole discretion of the city, including, but not limited to, in the event that all quotations or responses received exceed the city's projected costs for a particular contract, or if an emergency necessitates the immediate hiring of a person or a business that is not an approved small business enterprise.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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ORDINANCE 2018-081 By Warsame Intro & 1st Reading: 11/2/2018 Ref to: Ways & Means 2nd Reading: 12/7/2018

Amending Title 16, Chapter 423 of the Minneapolis Code of Ordinances relating to Planning and Development: Small and Underutilized Business Enterprise Program.

The City Council of the City of Minneapolis do ordain as follows:

Section 1. That Section 423.30 contained in Chapter 423, Planning and Development, be amended to read as follows:

423.30. - Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. Commercially useful function means a function performed by a business enterprise that is responsible for the execution of a distinct element of the work of a contract and carrying out its responsibilities by actually performing, managing, and supervising the work involved. Acting as a conduit to transfer funds to another business does not constitute a commercially useful function unless it is done as a normal business practice of a particular industry.

City-assisted contract means any agreement for construction; for professional, technical and other personal services; and/or for the provision of non-construction-related equipment, food, material, commodities, and supplies on a community development project administered by the Community Planning and Economic Development department where the community development project is funded in whole or in part with in excess of one hundred thousand dollars ($100,000.00) one hundred seventy- five thousand dollars ($175,000.00) of financial assistance from the City.

Contract means any agreement with the city or the Park and Recreation Board for a construction or development contract; for professional, technical and other personal services; and/or for the provision of non-construction-related equipment, food, material, commodities, and supplies. Contractor means any individual, corporation, partnership, association, nonprofit organization, groups of persons, organization, company, firm, limited liability company, joint venture, enterprise, or any other legal or commercial entity, or combination thereof, which enters into a contract with the city or the Park and Recreation Board. Construction or development contract means:

(1) Any development contracts.

(2) Any contract involving the construction, demolition, alteration, painting or repair of a building or any structure on land.

(3) Any contract involving the construction, demolition, building, alteration, reconstruction, modernization or improvement of any structure.

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(4) Any contract involving the improvement of, or addition to, any capital asset. Department means the Minneapolis Department of Civil Rights ("MDCR"). Director means the Director of the Minneapolis Department of Civil Right or his/her designee. Eligible MBE/WBE means a minority-owned business enterprise or woman-owned business enterprise that is determined by the Director to be eligible to participate in the program established by this Chapter because evidence establishes a disparity between utilization of such businesses in comparison to their availability, in specific categories of purchasing and contracting. The Director shall publish a determination of eligibility of businesses based upon such evidence. Marketplace means the geographical area of the Minnesota counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Le Sueur, Mille Lacs, Ramsey, Scott, Sherburne, Sibley, Washington, and Wright, and the Wisconsin counties of Pierce and St. Croix. Master contract means a contract awarded through the request for proposal process that results in an establishment of a pool of contractors to be used for the work specified in the contract. Minority means a person who is African American, Hispanic, Native American or Asian/Pacific Islander. Minority also means a person who is determined, through a certification process, to be a socially and economically disadvantaged individual. Minority-owned business enterprise ("MBE") means a business, including but not limited to, a sole proprietorship, corporation, partnership, association, groups of persons, organization, company, firm, limited liability company, joint venture, enterprise, or any other legal or commercial entity, or combination thereof:

(1) That is a small business;

(2) That has its principal place of business located within the marketplace at the time of bid opening or solicitation;

(3) That is at least fifty-one (51) percent owned and controlled by one (1) or more minority persons;

(4) That is an independent and continuing business for profit;

(5) That is a socially and economically disadvantaged business; and

(6) That has been accepted as certified by the director.

Principal place of business means the primary physical location at which or from which a business performs, is maintained, or operates.

Small business means a business meeting the United States Small Business Administration ("SBA") standards under the North American Industry Classification System ("NAICS") provided in 13 Code of Federal Regulations § 121. Socially and economically disadvantaged business means a business, including but not limited to, a sole proprietorship, corporation, partnership, association, groups of persons, organization, company, firm, limited liability company, joint venture, enterprise, or any other legal or commercial entity, or

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City Council Proceedings – December 7, 2018 combination thereof, that is at least fifty-one (51) percent owned by one (1) or more socially and economically disadvantaged individuals and whose management and daily business operations are controlled by one (1) or more of the socially and economically disadvantaged individuals who own it. Socially and economically disadvantaged individual means a person: (1) who is found to be socially and economically disadvantaged on a case by case basis; or (2) who is an individual in any of the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: African Americans, Hispanics, Native Americans, Asian/Pacific Islanders, Women; and (3) whose net worth does not exceed the personal net worth dollar amount limitation specified in 49 Code of Federal Regulations, Part 26. Subcontractor means any individual, corporation, partnership, association, nonprofit organization, groups of persons, organization, company, firm, limited liability company, joint venture, enterprise, or any other legal or commercial entity, or combination thereof, which enters into a contract with a contractor. Women-owned business enterprise ("WBE") means a sole proprietorship, corporation, partnership, association, groups of persons, organization, company, firm, limited liability company, joint venture, enterprise, or any other legal or commercial entity, or combination thereof: (1) That is a small business;

(2) That has its principal place of business located within the marketplace at the time of bid opening or solicitation;

(3) That is at least fifty-one (51) percent owned and controlled by one (1) or more women;

(4) That is an independent and continuing business for profit;

(5) That is a socially and economically disadvantaged business; and

(6) That has been accepted as certified by the director.

Section 2. That Section 423.40 contained in Chapter 423, Planning and Development, be amended to read as follows:

423.40. - Applicability and enforcement. This Chapter applies to any contract in excess of one hundred thousand dollars ($100,000.00) one hundred seventy-five thousand dollars ($175,000.00). The department will set overall, annual goal(s) for MBE/WBE participation for all anticipated contracts, based on the overall availability of minority-owned and women-owned businesses in the city's marketplace.

The department will also review each contract and when appropriate set contract specific goals based on the scopes of work of the contract; the availability of qualified, ready, willing and able eligible MBEs/WBEs to perform those scopes; the city's progress towards meeting its annual goal(s); the location of the contract's performance; and any other relevant factors. If the department places no specific goals on a contract, the department may submit a list of MBEs/WBEs, which may have the capability to offer a bid or proposal, to the soliciting department or the Park and Recreation Board. If the city or the Park and Recreation Board seeks bidders or proposers on a master

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City Council Proceedings – December 7, 2018 contract, the department may offer any and all available MBEs/WBEs to the soliciting department or the Park and Recreation Board so that the soliciting department or the Park and Recreation Board may directly solicit the businesses for inclusion on the master agreement. Any bid or proposal, where there is or has been a material lack of compliance with the requirements of this chapter, shall be deemed to be an unresponsive bid or proposal and such lack of compliance shall be a sufficient basis for the rejection of that bid or proposal by the city or Park and Recreation Board. The bidder or proposer’s commitment(s) to each eligible MBE/WBE firm, and its percentage commitment to the total contract, will be material conditions of contract award. A bidder or proposer’s obligation to meet these commitments or demonstrate good faith efforts to do so extends throughout the life of the contract. The department will monitor participation on contracts to ensure eligible MBEs/WBEs are utilized on the contract as submitted by the bidder or proposer. Every contract covered by this chapter shall be drafted in such a way as to comply with the terms of section 139.50 of this Code, except to the extent that the terms of section 139.50 conflict with the terms of this chapter.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

RESOLUTION 2018R-434 By Warsame

Approving revision of the review requirements of the Permanent Review Committee prior to consideration by the City Council.

Whereas, by Resolution 92R-225, the City Council requested, among other matters, a review of the development of bid specifications and requests for proposals and all land and building purchases; and

Whereas, by Resolution 92R-508, the City Council established a permanent review committee and its members consisting of the City Coordinator, or designee; the Purchasing Director, or designee; the City Attorney, or designee; the City Finance Officer, the City Engineer, or designee; and the Director of the Emerging Small Business Program; and

Whereas, by Resolution 2016R-558, the City Council required, among other matters, that the permanent review committee review, prior to consideration by the City Council, all requests for services and requests for proposals over $100,000 (i.e., all professional, technical, and service contracts over $100,000); and

Whereas, Minneapolis Code of Ordinances, Sections 17.60 and 18.200 & 18A.40, have been amended so that professional, technical, and service contracts in a dollar amount less than or equal to one hundred seventy-five thousand dollars ($175,000.00) may be made and executed through a city form contract adopted by the city council.

Now, Therefore, Be It Resolved by the City Council of the City of Minneapolis:

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That the requirement of the permanent review committee contained in Resolution 2016R-558 to review, prior to consideration by the City Council, all requests for services and requests for proposals over $100,000 is amended to require the permanent review committee to review, prior to consideration by the City Council, all requests for proposals for professional, technical, and service contracts anticipated to exceed $175,000.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

RESOLUTION 2018R-435 By Warsame

Adopting the use of a form contract for professional, technical, and service contracts that are anticipated to be less than or equal to $175,000.

Whereas, Resolution 2016R-557, and its corresponding Request for City Council Committee Action dated December 9, provided, in relevant part, as follows:

That the three delegations for the Standard Agreement (non-grant form), the Standard Agreement (grant form), and the Standard Agreement (Hennepin County grant form), which were approved by the City Council in Resolution 2005R-166, and its corresponding Request for City Council Committee Action dated March 28, 2005 in Petition No. 270311, are repealed, and replaced by the following, effective January 1, 2017:

Standard Agreement – General: This agreement is to be used for professional (personal) services that are not under the Target Market Program. (See Contract Management website). This agreement requires a signature by a Department Head, the maximum contract amount is $100,000 and the maximum term of the contract is five years.

Standard Agreement – Target Market Program: This agreement is to be used for professional (personal) services that are under the Target Market Program. (See Contract Management website). This agreement requires a signature by a Department Head, the maximum contract amount is $100,000 and the maximum term of the contract is five years.

* Or designees (See Contract Management website)

** The Standard Agreement may include exhibits addressing the following: (1) grantor pass-through requirements; (2) insurance requirements; and (3) other appropriate requirements or exemptions.

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Now, Therefore, Be It Resolved by the City Council of the City of Minneapolis:

Standard Agreement – General: This agreement is to be used for professional (personal) services that are not under the Target Market Program. (See Contract Management website). This agreement requires a signature by a Department Head, the maximum contract amount is $175,000 and the maximum term of the contract is five years.

Standard Agreement – Target Market Program: This agreement is to be used for professional (personal) services that are under the Target Market Program. (See Contract Management website). This agreement requires a signature by a Department Head, the maximum contract amount is $175,000 and the maximum term of the contract is five years.

* Or designees (See Contract Management website)

** The Standard Agreement may include exhibits addressing the following: (1) grantor pass-through requirements; (2) insurance requirements; and (3) other appropriate requirements or exemptions.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1003 The Minneapolis City Council hereby: 1. Adopts the City Attorney's recommendation for placing law firms on the City's Legal Services Panel, and authorizes agreements with the selected firms for the period Jan 1, 2019, - Dec 31, 2021, with the cost for each agreement not to exceed $300,000 for the three-year period.

2. Authorizes the City Attorney's Office to retain the flexibility to enter into such additional agreements to obtain particular expertise, or as otherwise needed to best address the City's legal service’s needs, with the cost not-to-exceed $300,000 within the three-year period.

3. Approves the waiver of the City's procurement process when establishing a conflicts panel for the defense of police officers in civil actions due to the collective bargaining agreement providing the legal basis for the payment of fees in conflicts cases, with the result that normal City procurement policies are not applicable.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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COUNCIL ACTION 2018A-1004 The Minneapolis City Council hereby approves settlement of the matter of DeAngelo Parker, et al. v. Matthew Clark, et al. 18-CV-1809 ECT/DTS by the payment in the amount of $67,500, in total, to be distributed among the Plaintiffs as they determine, in exchange for the dismissal of all named individual Defendants, and execution of a total and complete release of all claims against the City of Minneapolis, the named individual Defendants, and all other employees and agents of Minneapolis for all claims associated with the events of Feb 21, 2015, as described in the Complaint, and authorizing the City Attorney's Office to execute all documents necessary to effectuate settlement.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1005 The Minneapolis City Council hereby authorizes the settlement of the matter of Grant Bryce Woessner v. Eileen McNeary, et al, (U.S. Dist. Ct. No. 17-cv-3499), by payment in the amount of $50,000 to Mr. Woessner and his attorneys, and authorizes the City Attorney’s Office to execute any documents necessary to effectuate settlement.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1006 The Minneapolis City Council hereby: 1. Authorizes an increase to Contract No. C-43358 with Technology Management Corporation in the amount of $40,975, for a new amount not-to-exceed $369,687, for additional information technology and audio-visual consulting services for the Public Service Building project.

2. Passage of Resolution 2018R-436 appropriating an additional $40,975 to the Capital Project Fund and declaring the City Council’s official intent to reimburse these expenditures with proceeds from tax-exempt bonds.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

The following is the complete text of the unpublished summarized resolution.

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RESOLUTION 2018R-436 By Warsame

Amending 2018 General Appropriation Resolution.

Resolved by The City Council of The City of Minneapolis:

That the above-entitled resolution, as amended, be further amended by increasing the appropriation for the Finance & Property Services Department in the Capital Project Fund (04180-9010923) by $40,975 to be reimbursed by proceeds of tax-exempt bonds to be issued at a later date.

Be It further resolved that the City Council is hereby declaring its official IRS intent to reimburse additional Information Technology and audio-visual consulting commissioning services expenses incurred of $40,975 with proceeds of bonds to be issued in 2018 and later.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1007 The Minneapolis City Council hereby: 1. Accepts a grant for $200,000 from the Minneapolis Downtown Improvement District (DID) to continue the downtown chronic offender prosecution program (Downtown 100) and Focus 18-24 initiative.

2. Authorizes a grant agreement for calendar-year 2019 with the Minneapolis DID to continue the downtown chronic offender prosecution program (Downtown 100) and Focus 18-24 initiative.

3. Approves an extension to Contract No. C-39859 with Hennepin County Community Corrections (“HCCC") through Dec 31, 2019, and increases the contract in the amount of $50,000, for a probation officer to provide active probation supervision services for City-wide 200 chronic offenders.

4. Approves an extension to Contract No. C-39861 with Hennepin County Community Corrections (“HCCC") through Dec. 31, 2019, and increases the contract in the amount of $50,000, for a probation officer to provide active probation supervision services for the Focus 18-24 initiative.

5. Approves an extension to Contract No. C-39860 with Hennepin County Community Corrections (“HCCC") through Dec. 31, 2019, and increases the contract in the amount of $64,800, for a probation officer to provide active probation supervision services for the Downtown 100 chronic offenders.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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COUNCIL ACTION 2018A-1008 The Minneapolis City Council hereby accepts the low bid of Pioneer Power, Inc., submitted on Official Publication No. 8630, in the amount of $248,200, to provide all materials, labor, equipment, and incidentals for the construction of the 2nd Precinct Air Handler Unit Replacement Project, and authorizes a contract for the project, all in accordance with City specifications.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1009 The Minneapolis City Council hereby amends and restates the Minneflex plan document to conform with current regulatory requirements as set forth in Legislative File No. 2018-01470.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1010 The Minneapolis City Council hereby authorizes an extension to Contract No. C-37732 with Delta Dental of Minnesota to continue current administrative fee in the amount of $3.20 per employee, per month, through Dec 31, 2023, paid to Delta Dental of Minnesota for the City's self-funded dental plan.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1011 The Minneapolis City Council hereby authorizes an increase in Contract No. C-37980 with Northern Lights.MN in the amount of $128,000, for a new not-to-exceed total of $678,000, and extends the contract through Jan 31, 2020, for consulting services related to the Creative City Challenge.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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COUNCIL ACTION 2018A-1012 The Minneapolis City Council hereby: 1. Accepts a grant from the Minnesota Department of Health in the amount of $186,146, for innovative State and local public health strategies to prevent and manage diabetes, heart disease, and stroke, covering the period of Sep 30, 2018 - Sep 29, 2019, with the expectation of additional funds to continue these initiatives through Sept 29, 2023.

2. Passage of Resolution 2018R-437 appropriating funds to the Health Department.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2018R-437 By Warsame

Amending The 2018 General Appropriation Resolution.

Resolved by The City Council of The City of Minneapolis:

That the above-entitled resolution, as amended, be further amended by increasing the appropriation for the Health Department (01300-8600120 revenue code 321507) by $186,146 and increasing the revenue estimate (01300-8600120) by $186,146.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1013 The Minneapolis City Council hereby authorizes an amendment to Contract No. C-37587 with Verint for the addition of the Squiz software application to replace 311's current reporting tool, including maintenance, support, and hosting of the software application and data. No additional monies are needed.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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COUNCIL ACTION 2018A-1014 The Minneapolis City Council hereby authorizes the settlement of the worker's compensation matter of Cory Hermann by payment in the amount of $150,000 to Mr. Hermann and his attorneys, and authorizes the City Attorney's Office to execute any documents necessary to effectuate settlement.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1015 The Ways & Means Committee sent forward without recommendation the following items related to the Hiawatha Maintenance Facility Campus Expansion Project:

1. The master plan concept A authorizing completion of design work for the plan.

2. An increase to Contract No. C-41654 with RSP Architects in the amount of $950,000, for a new total of $2,700,000, for additional architectural and engineering design services.

3. Issuance of a request for proposals (RFP) for construction services to remediate and demolish the former Roof Depot building.

4. A direction to the Public Works staff to return to the Transportation & Public Works and Ways & Means Committees in 2019 with refined plans for a public works training facility to be located on the Hiawatha Campus to be operated in partnership/cooperation with local building trades and City unions, including space requirements and operating scenarios and costs.

Cano moved approval of the following substitute recommendations: 1. Establishment of a Hiawatha Advisory Committee to meet at least every other month starting February 2019 comprised of residents from Little Earth and the area’s neighborhoods, the community economic development sector, local building trades and City unions, the departments of Finance and Property Services, Public Works, Community Planning & Economic Development (CPED), and the City Coordinator’s Division of Sustainability to serve as an advisory group on the planning and implementation of the Hiawatha Maintenance Facility Campus Expansion with an emphasis on the job recruitment and training center. This Advisory Committee shall provide feedback on space requirements, operating scenarios, and potential costs and partnerships to create a structure for the jobs recruitment and training center that provides formal workforce training as well as additional government functions and community empowerment activities that activate ground floor uses during the weekend and evening hours. These services may include, but shall not be limited to:

-Establishing an office for the Elections and Voter Services division and a Municipal ID issuance office

-Providing workforce development trainings, resume builder classes, and certification programs

-Providing ELL, citizenship, and know your rights classes

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-Providing retail and business incubator opportunities as well as support for entrepreneurship activities that meet the needs of the campus and generally align with the Southside Green Zone vision

-Providing meeting space for gatherings and events such as community-wide workshops, conferences, or summits

2. Directs the departments of Finance & Property Services, Public Works, CPED, and the City Coordinator to develop a process and plan for community participation in the new facility’s public art, landscaping, sound buffers, and fencing treatments along with the mitigation strategies to reduce the impact of operational activities on the surrounding residential area and the Midtown Greenway.

3. Directs the departments of Public Works and Human Resources to create a jobs recruitment and hiring plan to prioritize the recruitment, training, and employment of Minneapolis residents from within the three-mile radius of the facility. The plan should include resources to enact an outreach plan that partners with local non-profits and utilizes culturally relevant and creative strategies.

4. Directs the department of Finance and Property Services to commence the process of establishing a community solar garden including identifying at least 100,000 square feet of available rooftop or canopy space to accommodate solar using a program design to serve low-income households in the surrounding area.

5. Directs the department of Public Works to apply the City’s Complete Streets and Vision Zero policies to perform continued analysis of improvements to 26th Street and 28th Street to improve multimodal mobility and community safety.

6. Master plan concept A with the modification that the job recruitment and training facility and associated economic development and community program space will be increased in size and its location will be evaluated in the first quarter of 2019 to maximize community access and activation as well as to leverage additional municipal functions and partnerships with labor groups.

7. Directs the department of CPED to work with the City Coordinator’s Division of Sustainability, the new Southside Green Zone Council, and members of the East Phillips Neighborhood Institute to craft a business plan to launch an urban agriculture pilot project that strengthens the local food system, creates green jobs, and addresses racial inequities. The business plan should include identifying the type of technical assistance needed, feasible locations, start-up funds required, an implementation timeline, necessary partnerships, among other key facets. Staff and community groups shall report back to the Public Health, Environment, Civil Rights & Engagement Committee no later than Q3 2019 with a status update on the progress of the work.

8. Issuance of request for proposals (RFP) for construction services to remediate and demolish the, or portions of the, building formerly owned by Roof Depot. Remediation and demolition of, or portions of, the building formerly owned by Roof Depot shall not occur until after City staff discuss the location options with the City Council and present feedback from the Hiawatha Advisory Committee.

9. An increase to Contract No. C-41654 with RSP Architects in the amount of $950,000, for a new total of $2,700,000, for additional architectural and engineering design services.

On roll call, the result of Cano's motion was:

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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

The ZONING & PLANNING Committee submitted the following report: On behalf of the Zoning & Planning Committee, Schroeder offered Ordinance 2018-082 amending Title 20, Chapters 520 and 535 of the Minneapolis Code of Ordinances relating to Zoning Code: Introductory Provisions and Regulations of General Applicability, amending regulations related to inclusionary zoning.

The following is the complete text of the unpublished summarized ordinance.

ORDINANCE 2018-082 By Bender Intro & 1st Reading: 2/9/2018 Ref to: ZP 2nd Reading: 12/7/2018

Amending Title 20 of the Minneapolis Code of Ordinances relating to the Zoning Code.

The City Council of the City of Minneapolis do ordain as follows:

Section 1. That the definition for "affordable housing" contained in Section 520.160 of Chapter 520, Introductory Provisions, be amended to read as follows:

520.160. Definitions. Unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the words and phrases in the following list of definitions shall, for the purposes of this zoning ordinance, have the meanings indicated. Additional definitions may be found within specific chapters of this zoning ordinance. All words and phrases not defined shall have their common meaning.

Affordable housing. Housing affordable to households whose income does not exceed fifty (50) percent of the metropolitan median household income, as determined by the U.S. Department of Housing and Urban Development. Housing must remain affordable continuously for a period of not less than fifteen (15) years to qualify as affordable housing. Housing must remain affordable continuously for a period of not less than fifteen (15) years to qualify as affordable housing. Residential housing affordable to and occupied by households earning a percentage of the area median household income as specified in the Unified Housing Policy.

Section 2. That Chapter 535, Regulations of General Applicability, of the Minneapolis Code of Ordinances be amended by adding thereto a new Article XIV, including new Sections 535.930 through 535.970, to read as follows:

ARTICLE XIV. INCLUSIONARY HOUSING

535.930. Purpose. Regulations governing inclusionary housing are intended to promote affordable housing and to fulfill the goals of the city’s housing policies, including providing moderately-priced housing

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535.940. Applicability. (a) In general. Dwelling units complying with the affordability standards indicated in this article shall be provided in conjunction with any of the following applications:

(1) Zoning amendment of any property from a district that does not allow multiple-family dwellings to a primary or overlay zoning district that allows multiple-family dwellings.

(2) Zoning amendment, variance, density bonus, or other application or combination of applications that would increase the allowed residential or mixed use floor area of the land area in question by sixty percent (60%) or more compared to the floor area allowed on the same property or properties prior to the application(s).

(b) Affordability standards. The minimum percentage of dwelling units subject to the affordability standards, percentage rate of area median household income, and minimum number of years that the affordable housing units shall remain affordable shall be required as specified in the Unified Housing Policy.

(1) In general. Any multiple-family dwellings exempt as specified in the Unified Housing Policy.

(2) Multiple-family dwellings in the R3 and R4 Multiple-Family Districts. Multiple-family dwellings in the R3 and R4 Multiple-Family Districts shall be exempt from the requirements of this article except where an application for variance and/or density bonus is approved to exceed the maximum floor area in the R3 or R4 Districts by sixty percent (60%) or more.

(3) Zoning amendment without proposed residential uses. Applications for zoning amendment outlined by this section that are not accompanied by a proposed multiple-family residential use shall be exempt from the requirements of this article provided that any land use application with a multiple-family use within three (3) years of approval of the rezoning shall be subject to the requirements of this article.

535.950. Computation of affordable dwelling units. Where determination of the number of affordable dwelling units results in a fractional unit, any fraction of one-half (1/2) or less may be disregarded, while a fraction in excess of one-half (1/2) shall be counted as one (1) dwelling unit.

535.960. Recording of site plan approval. All final site plan approvals subject to conditions of inclusionary housing shall be filed with the Office of the Hennepin County Recorder or Registrar of Titles and evidence of proper filing shall be submitted to the zoning administrator prior to the issuance of any building permits.

535.970. Effective date. The effective date for Article XIV, Inclusionary Housing shall be January 1, 2019. Any application for land use or preservation approval that is deemed complete before the effective date shall be exempt from the provisions of this article.

On roll call, the result was:

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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1016 The Minneapolis City Council hereby: 1. Approves the Council appointment of Mandi Bedbury to the Minneapolis Arts Commission, Seat 5, Ward 3, to fill an unexpired four-year term beginning Jan 1, 2016, and ending Dec 31, 2019.

2. Approves the following Council appointments to the Minneapolis Arts Commission to fill unexpired four-year terms beginning Jan 1, 2017, and ending Dec 31, 2020: Lawrence Benson, Seat 3, Ward 11; and George Slade, Seat 12, Ward 9.

3. Approves the Council appointment of David Smith to the Minneapolis Arts Commission, Seat 9, Ward 1, for a three-year term beginning Jan 1, 2019, and ending Dec 31, 2021.

4. Approves the following Council reappointments to the Minneapolis Arts Commission for three-year terms beginning Jan 1, 2019, and ending Dec 31, 2021: Alyssa Perau, Seat 2, Ward 9; and Erika Dani, Seat 14, Ward 4.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1017 The Minneapolis City Council hereby: 1. Approves an application submitted by Randy Krueger to rezone (PLAN7430) the property located at 208 Oliver Ave S from the R2B Two-family District to the C1 Neighborhood Commercial District to adjust the common lot line between 208 and 216 Oliver Ave S.

2. Passage of Ordinance 2018-083 amending Title 20, Chapter 521 of the Minneapolis Code of Ordinances relating to Zoning Code: Zoning Districts and Maps Generally.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

The following is the complete text of the unpublished summarized ordinance.

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ORDINANCE 2018-083 By Schroeder Intro & 1st Reading: 1/8/2018 Ref to: ZP 2nd Reading: 12/7/2018

Amending Title 20, Chapter 521 of the Minneapolis Code of Ordinances relating to Zoning Code: Zoning Districts and Maps Generally.

The City Council of the City of Minneapolis do ordain as follows:

Section 1. That Section 521.30 of the above-entitled ordinance be amended by changing the zoning district for the following parcels of land, pursuant to MS 462.357:

That part of Lot 4 and the adjacent vacated alley lying north of a line running from a point on the southerly extension of the east line of Lot 4 distant 47.46 feet south of the northeast corner of Lot 4 westerly 126 feet to a point on the west line of Lot 4 distant 47.46 feet south of the northwest corner of said Lot 4; All in Block 8, OSWALD'S ADDITION TO MINNEAPOLIS, Hennepin County, Minnesota, subject to easements of record, if any (south portion of 208 Oliver Ave S – Plate #17) to the C1 Neighborhood Commercial District.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

COUNCIL ACTION 2018A-1018 The Minneapolis City Council hereby: 1. Approves the adequacy of the Environmental Assessment Worksheet (EAW) for the proposed 311 2nd St SE Development located at 311 2nd St SE.

2. Approves the determination that an Environmental Impact Statement (EIS) is not required.

3. Adopts the Findings of Fact as prepared by the Department of Community Planning & Economic Development.

On roll call, the result was: Ayes: Reich, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (12) Noes: Gordon (1) Absent: (0) Adopted.

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COUNCIL ACTION 2018A-1019 The Minneapolis City Council hereby: 1. Approves an application submitted by Keith Ostendorf and Robert Williams to rezone (PLAN7416) the property located at 5827 Nicollet Ave from the C1 Neighborhood Commercial District to the C2 Neighborhood Corridor Commercial District to allow the expansion of the existing surface parking lot.

2. Passage of Ordinance 2018-084 amending Title 20, Chapter 521 of the Minneapolis Code of Ordinances relating to Zoning Code: Zoning Districts and Maps Generally.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

The following is the complete text of the unpublished summarized ordinance.

ORDINANCE 2018-084 By Schroeder Intro & 1st Reading: 1/8/2018 Ref to: ZP 2nd Reading: 12/7/2018

Amending Title 20, Chapter 521 of the Minneapolis Code of Ordinances relating to Zoning Code: Zoning Districts and Maps Generally.

The City Council of the City of Minneapolis do ordain as follows:

Section 1. That Section 521.30 of the above-entitled ordinance be amended by changing the zoning district for the following parcels of land, pursuant to MS 462.357:

Lots 49, DIAMOND LAKE ACRES, Hennepin County, Minnesota

(5827 Nicollet Ave – Plate #37) to the C2 Neighborhood Corridor Commercial District.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

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COUNCIL ACTION 2018A-1020 The Minneapolis City Council hereby approves the Zoning Code Text Amendment Work Plan as set forth in Legislative File No. 2018-01410.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

INTRODUCTION & REFERRAL CALENDAR

Pursuant to notice, on motion by Palmisano, the subject matter of the following ordinance was introduced, given its first reading, and referred to the Intergovernmental Relations Committee: Amending Article IX, Section 9.3 of the Minneapolis City Charter relating to Finance: Budget, establishing a biennial budget process, clarifying details required in the Mayor’s recommended budget, and aligning timelines with Minnesota Statutes.

Pursuant to notice, on motion by Gordon, the subject matter of the following ordinance amending Title 20 of the Minneapolis Code of Ordinances relating to Zoning Code, was introduced, given its first reading, and referred to the Zoning & Planning Committee, amending regulations related to intentional communities and cluster developments: 1. Chapter 520 Introductory Provisions. 2. Chapter 530 Site Plan Review. 3. Chapter 535 Regulations of General Applicability. 4. Chapter 536 Specific Development Standards. 5. Chapter 537 Accessory Uses and Structures. 6. Chapter 541 Off-Street Parking and Loading. 7. Chapter 546 Residence Districts. 8. Chapter 547 Office Residence Districts. 9. Chapter 548 Commercial Districts. 10. Chapter 549 Downtown Districts. 11. Chapter 551 Overlay Districts.

UNFINISHED BUSINESS

Postponed from the October 19, 2018, meeting were the following rental dwelling license applications, whereby no action was taken: 1. Jennifer Strand for the property located at 3115 Cedar Ave S. 2. Elizabeth and George Francois for the property located at 2726 Girard Ave S. 3. Kevin McMullen for the properties located at 2530 1st Ave S and 2532 1st Ave S. 4. Kevin McMullen for the property located at 3554 Emerson Ave S. 5. Kevin McMullen for the property located at 316 Oak Grove St.

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NEW BUSINESS

COUNCIL ACTION 2018A-1021 Bender moved to authorize the Finance Officer or designee to execute a Confidentiality Agreement in pursuit of a possible purchase of the leased property interests in 10 W Lake St.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Warsame, Goodman, Jenkins, Cano, Schroeder, Johnson, Palmisano, President Bender (13) Noes: (0) Absent: (0) Adopted.

ADJOURNMENT

On motion by Jenkins, the meeting was adjourned.

Casey Joe Carl, City Clerk

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