OFFICIAL PROCEEDINGS MINNEAPOLIS CITY COUNCIL
REGULAR MEETING OF OCTOBER 16, 2020
(Published October 24, 2020, in Finance and Commerce)
CALL TO ORDER
Council President Bender called the meeting to order at 9:30 a.m., a quorum being present.
Pursuant to Minnesota Statutes Section 13D.021, the meeting was held by electronic means and Council Members participated remotely due to the local public health emergency (novel coronavirus pandemic) declared on March 16, 2020.
Present - Council Members Kevin Reich, Cam Gordon, Steve Fletcher, Phillipe Cunningham, Jeremiah Ellison, Jamal Osman, Lisa Goodman, Andrea Jenkins, Alondra Cano, Lisa Bender, Jeremy Schroeder, Andrew Johnson, Linea Palmisano.
Jenkins moved to adopt the agenda, including the following amendments:
1. Under the Order of Closed Session, a security briefing related to polling places for the 2020 Presidential Election.
2. Under the Order of Resolutions, an honorary resolution recognizing the history, lived experience, and legacy of North Minneapolis residents along the Penn-Plymouth Corridor.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted, as amended.
Jenkins moved to accept the minutes of the regular meeting of October 2, 2020.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
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Jenkins moved to refer the petitions, communications, and reports to the proper Committees.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
The following actions, resolutions, and ordinances were signed by Mayor Jacob Frey on October 19, 2020. 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.
NEW BUSINESS
Mayor Jacob Frey presented a report relating to the local public health emergency resulting from imminent health conditions caused by the presence of the Coronavirus Disease (COVID-19), as set forth in Legislative File No. 2020-00405.
On direction by Council President Bender, the report was received and filed.
Jenkins moved to adopt Resolution 2020R-271 amending Resolution 2020R-075 entitled “Approving and extending the Mayor’s Declaration of Local Public Health Emergency resulting from imminent health conditions caused by the presence of the Coronavirus Disease (COVID-19),” adopted March 19, 2020, ratifying and extending Mayoral Regulation 2020-18 which amends Emergency Regulation 2020-14 related to certain paid leaves for qualified emergency responders subject to provisions of the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-271 By Bender, Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Schroeder, Johnson, and Palmisano
Amending Resolution 2020R-075 entitled “Approving and extending the Mayor’s Declaration of Local Public Health Emergency resulting from imminent health conditions caused by the presence of the Coronavirus Disease (COVID-19),” adopted March 19, 2020.
Whereas, the City of Minneapolis, Minnesota, has a current local public health emergency resulting from imminent health conditions caused by presence of the Coronavirus Disease (COVID-19); and
Whereas, pursuant to the provisions set forth in Minnesota Statutes, Chapter 12.29, and the Minneapolis Code of Ordinances, Section 128.50, Mayor Frey declared a state of local public health emergency within the City of Minneapolis on Monday, March 16, 2020, to be and remain in force and effect beginning that date and continuing for as long as the State of Minnesota peacetime emergency declaration remains in effect, which declaration of local public health emergency was ratified and continued by the City Council pursuant to Resolution No. 2020R-075; and
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Whereas, subsequent to adoption of Resolution No. 2020R-075, Mayor Frey proclaimed Emergency Regulation 2020-18, amending Emergency Regulation No. 14, which relates to certain paid leaves for qualified emergency responders subject to provisions of the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act; and
Whereas, the City Council now desires to account for these subsequent actions and to provide further and additional provisions by amending Resolution No. 2020R-075;
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
That in accordance with Section 128.50 of the Minneapolis Code of Ordinances (Declaration of Emergency), the City Council does hereby ratify the state of local public health emergency proclaimed by Mayor Frey on Monday, March 16, 2020, pertaining to the City of Minneapolis and all its residents.
That the declared state of local public health emergency shall continue and does hereby remain in force and in effect for the same time period as the peacetime emergency declaration issued by Governor Walz for the State of Minnesota, or until such time as the City Council, by official action, may further extend or terminate the declared state of local public health emergency for the City of Minneapolis.
That meetings of the City Council and its Committees, and of the boards and commissions of the City, shall be conducted by telephonic or other electronic means until further action and direction by the City Council, and staff are directed to provide public notice on the ways in which such meetings may be accessed and monitored from remote locations, as authorized pursuant to Minnesota Statutes, Section 13D.021.
That pursuant to Minneapolis Code of Ordinances, Section 128.80, the Mayor’s Emergency Regulations Nos. 2020-1, 2020-2, 2020-5, 2020-6, 2020-7, 2020-8, 2020-9, 2020-12, 2020-13, 2020-14, and 2020-17, and 2020-18 are hereby ratified and shall be extended throughout the duration of the declared state of local public health emergency, until such time as they may be renewed by further action of the Mayor, or until such time as the City Council, by official action, may further extend or terminate said emergency regulations.
Be It Further Resolved that the City Council hereby directs the City Clerk to publish and post this resolution ratifying the declared state of local public health emergency in the City of Minneapolis, including posting on the City’s website and official bulletin boards.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
REPORTS OF STANDING COMMITTEES
The BUSINESS, INSPECTIONS, HOUSING & ZONING Committee submitted the following report: COUNCIL ACTION 2020A-0746 The Minneapolis City Council hereby authorizes submittal of an amendment to the 2020 Consolidated Plan Action Plan to the U.S. Department of Housing and Urban Development describing an expanded allowable uses of Community Development Block Grant supplemental Coronavirus Aid, Relief, and
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Economic Security (CARES-CV) funds for the COVID-19 Minneapolis Homelessness Response project, as set forth in Legislative File 2020-00973.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
On behalf of the Business, Inspections, Housing & Zoning Committee, Goodman offered Resolution 2020R-272 approving the 1925 Nicollet Avenue Redevelopment Plan.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-272 By Goodman
Approving the 1925 Nicollet Avenue Redevelopment Plan.
Whereas, pursuant to Laws of Minnesota 2003, Chapter 127, Article 12, Sections 31-34, and Minneapolis Code of Ordinances, Chapter 415, the City of Minneapolis (the “City”), acting by and through its department of Community Planning and Economic Development, has been granted the authority to propose and implement city development districts, housing and redevelopment projects and tax increment financing districts, all pursuant to Minnesota Statutes, Sections 469.001 through 469.134, and 469.174 through 469.179, as amended, and other laws enumerated therein (collectively, the “Project Laws”); and
Whereas, it has been proposed and the City has caused to be prepared, and this Council has investigated the facts with respect to, the 1925 Nicollet Avenue Redevelopment Plan (the “Plan”). The Plan identifies the boundary of a new redevelopment project area (the “Project Area”), states the City’s objectives, and describes proposed land uses and development activity, including property that may be acquired within the Project Area, all pursuant to and in accordance with the Project Laws; and
Whereas, the City has performed all actions required by law to be performed prior to the approval of the Plan, including, but not limited to, a review of the proposed Plan by the affected neighborhood group and the City Planning Commission, and the holding of a public hearing after published notice as required by law;
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
That the objectives and actions authorized by the Plan are all pursuant to and in accordance with the Project Laws.
Be It Further Resolved that the land in the Project Area would not be redeveloped by private enterprise or made available for redevelopment without the potential methods of financial aid and public assistance identified in the Plan or to be sought after approval of the Plan.
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Be It Further Resolved that the Plan will afford maximum opportunity, consistent with the sound needs of the city as a whole, for the redevelopment of the Project Area by private enterprise.
Be It Further Resolved that the Plan conforms to the general plan for the development or redevelopment of the city as a whole. A written opinion of the City Planning Commission with respect to the Plan was issued on September 21, 2020, and is incorporated herein by reference and is on file in the office of the City Clerk.
Be It Further Resolved that the 1925 Nicollet Avenue Redevelopment Project is a “redevelopment project” pursuant to Minnesota Statutes, Section 469.002, Subdivision 14 and that the Project Area is a “blighted area” pursuant to Minnesota Statutes, Section 469.002, Subdivision 11.
Be It Further Resolved that the reasons and facts supporting the findings in this Resolution are described in the Plan.
Be It Further Resolved that it is necessary and in the best interests of the city at this time to approve the Plan.
Be It Further Resolved that the Plan presented to the Council on this date is hereby approved and shall be placed on file in the office of the City Clerk.
Be It Further Resolved that after passage and publication of this Resolution, the officers and staff of the City and the City’s consultants and counsel are authorized and directed to proceed with the implementation of the Plan.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0747 The Minneapolis City Council hereby approves an application submitted by AICDC for an interim use permit (PLAN11601) to allow an emergency shelter for up to 50 persons on the property located at 2012, 2024, and 2028 Cedar Ave and a surface parking lot on the property located at 2019 Cedar Ave until Oct 1, 2022, subject to conditions: 1. The interim use shall expire no later than October 1, 2022.
2. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for purposes of removing any litter found thereon.
3. A minimum of 18 occupants of the subject property must be diagnosed with a documented disability as defined in the Federal Fair Housing Amendments Act or be a member of a family whose head of household meets this requirement and resides in the same unit as that family member.
On roll call, the result was:
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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted. Approved by Mayor Jacob Frey 10/19/2020 (Published 10/20/2020)
COUNCIL ACTION 2020A-0748 The Minneapolis City Council hereby denies an appeal submitted by Catherine Ocel regarding the decision of the City Planning Commission approving a variance (PLAN11163) to reduce the minimum parking requirement from 22 spaces to five spaces for a new mixed-use building with 19 dwelling units located at 5200 34th Ave S, and adopts the findings prepared by Department of Community Planning & Economic Development, subject to the following condition: Not less than six bicycle parking spaces shall be provided in the reflective front yard setback abutting 34th Ave S.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0749 The Minneapolis City Council hereby approves the following applications (7) for Liquor Licenses, subject to final inspection and compliance with all provisions of applicable codes and ordinances: 1. EL NUEVO MIRAMAR, 501 LAKE ST E Minneapolis, MN, (Ward 9) submitted by El Nuevo Miramar INC, BLAmend, LIC382966 2. Hyde, 24 UNIVERSITY AVE NE Minneapolis, MN, (Ward 3) submitted by hyde LLC, BLLiquor, LIC388935 3. Petite Leon, 3800 NICOLLET AVE Minneapolis, MN, (Ward 8) submitted by Petite Leon LLC, BLLiquor, LIC389200 4. WHOLE FOODS MARKET, 222 HENNEPIN AVE Minneapolis, MN, (Ward 3) submitted by WHOLE FOODS MARKET GROUP INC, BLAmend, LIC389808 5. Okome House, 4457 42ND AVE S Minneapolis, MN, submitted by Okome House LLC, BLWine, LIC389550 6. Pog Mahone's Pub & Grill, 903 WASHINGTON AVE S Minneapolis, MN, (Ward 3) submitted by Blarney II Inc, BLAmend, LIC390555 7. Elliot Park Hotel, 823 5TH AVE S Minneapolis, MN, (Ward 7) submitted by G62OPCO, LLC, BLLiquor, LIC391291
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
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COUNCIL ACTION 2020A-0750 The Minneapolis City Council hereby: 1. Adopts the Business License Settlement Conference Agreement for Greenway Liquor, 105 Grant St W, negotiated between the City of Minneapolis and Khosa Beverage Inc, allowing the licensee to retain the Off Sale Liquor License, subject to adherence with the conditions contained therein, which read as follows: 1) Licensee admits guilt to violation CE1249470 and will pay a total amount of $200 penalty with the $200 penalty stayed for a period of one (1) year provided that the licensee does not commit the same offense over the course of that one-year period; 2) Licensee agrees to a seven (7) day suspension with the seven-day suspension stayed for a period of one (1) year provided that the licensee does not commit the same offense over the course of that one-year period; 3) Licensee shall pay a total amount of $220 penalty for CE1250010; 4) Licensee agrees to have a manager on duty at all times that is trained in the areas of alcohol service, surveillance camera operation, trespassing and security; 5) Licensee agrees that all employees will take alcohol server training within 30 days of the start of their employment and annually thereafter. Topics shall include: age identification, identifying overly intoxicated persons, trespass/do not admit list procedures and the use of electronic ID scanners; 6) Licensee agrees to conduct self-audits on a quarterly basis. Licensee will record the dates of the trainings and will provide them upon request to city staff; 7) Licensee agrees to prohibit employees from consuming alcohol on the premises; 8) Licensee agrees to schedule an annual security review with city staff and adopt any operation-specific requirements duly imposed by the licensing authority; 9) Licensee agrees to post a calendar at the point of sale locations that lists the date the customer reaches the age of 21; 10) Licensee agrees to hourly litter pick up during business hours, inside Greenway Liquor, on the sidewalk directly in front of Greenway Liquor, and on the two parking spaces dedicated to customers of Greenway Liquor. Licensee will keep a log of this activity and make it available upon request to city staff; 11) Licensee agrees to hourly security sweeps during business hours, inside Greenway Liquor, on the sidewalk directly in front of Greenway Liquor, and on the two parking spaces dedicated to customers of Greenway Liquor. Licensee will keep a log of this activity and make it available upon request to city staff; 12) Licensee agrees to post "No trespassing" signs. Employees and management will ask people that are not patronizing the business to leave; 13) Licensee agrees to utilize and maintain a Do Not Admit List and make it readily available upon request to city staff; 14) Khosa Beverage Inc. agrees that it will not offer for sale individual small bottles of liquor 50 ml or smaller; 15) Khosa Beverage Inc. agrees to having trained security personnel, clearly identified as security, who can be a manager of Greenway Liquor; 16) Licensee agrees to employ the use of electronic ID scanners for those who look younger than 30 years old; 17) Khosa Beverage Inc. agrees to not allow any customer to pay for a purchase with more than two dollars and fifty cents ($2.50) in change or coins for any transaction.
2. Rescinds Resolution No. 2014R-300, entitled, “Approving License Settlement conference recommendations relating to the Off Sale Liquor License held by Khosa Beverage Inc, d/b/a Greenway Liquors, 105 W Grant St, Minneapolis” passed July 18, 2014.
3. Rescinds Resolution No. 2013R-337, entitled, “Granting the application of Greenway Liquor, 105 Grant St W, for an Off-Sale Liquor License, subject to conditions” passed August 2, 2013.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
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On behalf of the Business, Inspections, Housing & Zoning Committee, Goodman offered Resolution 2020R-273 granting approval for Hennepin County Housing and Redevelopment Authority to undertake a housing project on behalf of Olson Redevelopment I Limited Partnership, for the project located at 1201 Olson Memorial Highway, through the issuance of up to $15,000,000 of Multifamily Housing Revenue Bonds.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-273 By Goodman
Granting Hennepin County Housing and Redevelopment Authority approval to undertake a housing or redevelopment project on behalf of Olson Redevelopment I Limited Partnership at 1201 Olson Memorial Highway, pursuant to Minnesota Statutes, Section 383B.77, as amended.
Whereas, at the request of Olson Redevelopment I Limited Partnership, a Minnesota limited partnership (the “Borrower”), the Hennepin County Housing and Redevelopment Authority (the “County HRA”) is proposing to issue one or more series of multifamily housing revenue bonds or other obligations (the “County Bonds”), in an aggregate principal amount of $15,000,000, and apply the proceeds derived from the sale of the County Bonds to make a loan (the “Loan”) to the Borrower; and
Whereas, the Borrower has represented that it intends to apply the proceeds of the Loan to finance the following: (i) acquisition, reconstruction, and equipping of an approximately 92-unit multifamily rental housing development and facilities functionally related and subordinate thereto, located at 1201 Olson Memorial Highway in the City of Minneapolis (the “City”), for occupancy by persons and families of low-and moderate income (the “Project”), (ii) the funding of one or more reserve funds to secure the timely payment of the County Bonds; (iii) the payment of a portion of the interest on the County Bonds; and (iv) the payment of the costs of issuing the County Bonds; and
Whereas, the County HRA has represented to the City that on July 14, 2020, the Board of Commissioners of the County HRA held a public hearing on the proposed issuance of revenue obligations to provide financing for the Project; and
Whereas the County HRA has requested that the City approve the Project pursuant to Minnesota Statutes, Section 383B.77;
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
That the City supports the Project.
Be It Further Resolved that the County Bonds to be issued by the County HRA to finance the Project will not create a pecuniary obligation of the City or constitute a general or moral obligation of the City, to be secured by any taxing power of the City.
Be It Further Resolved that the Finance Officer and other officers of the City are authorized to furnish to Dorsey & Whitney LLP (“Bond Counsel”) certified copies of all proceedings and records of the City relating to this resolution (the “Resolution”), and such other certificates, affidavits, and other
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Be It Further Resolved that it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project shall be paid by the Borrower. It is understood and agreed by the Borrower that the Borrower shall indemnify the City against all liabilities, losses, damages, costs, and expenses (including attorney’s fees and expenses incurred by the City) arising with respect to the Project or the County Bonds.
Be It Further Resolved that the support expressed herein extends only to the powers of the County HRA with respect to issuance of the County Bonds and the City shall retain all other powers and jurisdiction over matters relating to the City and the Project.
Be It Further Resolved that under the provisions of Article IV, Section 4.4(d) of the Charter of the City this Resolution shall take effect and be in force from and after its approval and publication, but only the title of this Resolution and a summary, as defined in Minnesota Statutes, Section 331A.01, subdivision 10, are required to be published in the official newspaper of the City.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted. Approved by Mayor Jacob Frey 10/19/2020 (Published 10/20/2020)
COUNCIL ACTION 2020A-0751 The Minneapolis City Council hereby takes the following actions as relates to approval for Hennepin County Housing and Redevelopment Authority to undertake a housing project on behalf of Olson Redevelopment I Limited Partnership, for the project located at 1201 Olson Memorial Highway, through the issuance of up to $15,000,000 of Multifamily Housing Revenue Bonds: 1. Authorizes the termination of the Bond Regulatory Agreement dated December 1, 1993, for the existing Olson Townhomes project located at 521 Girard Terrace. 2. Approves a reduction of the original amount of Affordable Housing Trust Fund monies awarded to the Olson Redevelopment I Limited Partnership project ($2,300,000) to a new allocation of $1,500,000 and extending the availability of such funds to June 1, 2021. 3. Approves a new City loan in the amount of $393,915 to Trellis Co., Inc., f/k/a Community Housing Development Corporation, for acquisition costs related to the project located at 1201 Olson Memorial Highway, which new loan is sourced from the repayment of the 2009 Olson Townhomes Affordable Housing Trust Fund loan in the amount of $368,284 plus accrued interest of approximately $42,486. 4. Approves forgiveness of accrued interest in excess of $42,486 on the City’s 2009 Olson Townhomes Affordable Housing Trust Fund loan of approximately $17,000. 5. Approves forgiveness of accrued interest on the City's 2003 Community Development Block Grant (CDBG) loan upon repayment of principal of approximately $81,000. 6. Authorizes release of 1201 Olson Memorial Highway from the City’s remaining 2003 CDBG loan.
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7. Authorizes consent to the Assignment and Assumption of the Trellis Co. $393,915 Loan to Olson Redevelopment I Limited Partnership.
8. Authorizes documents to effectuate the above actions and development of the 1201 Olson Memorial Highway Project contingent upon recording of a declaration acceptable to the City that any future housing developed on the property located at 521 Girard Terrace will meet the City’s current Unified Housing Policy requirements for developments that receive City-financial assistance as if the future development has received direct City-financial assistance.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted. Approved by Mayor Jacob Frey 10/19/2020 (Published 10/20/2020)
COUNCIL ACTION 2020A-0752 The Minneapolis City Council hereby: 1. Approves up to $1,972,950 in Coronavirus Aid, Relief, and Economic Security (CARES) Act Community Development Block Grant (CDBG) funds for operations for the Indoor Villages project, to be operated by Avivo, conditioned on the project receiving all necessary zoning and licensing approvals and operating funding necessary to open by December 31, 2020.
2. Authorizes contracts and agreements with Avivo for the shelter operations for Indoor Villages.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0753 The Minneapolis City Council hereby authorizes a one-time reallocation of up to $1,250,000 from the Naturally Occurring Affordable Housing (NOAH) Preservation Fund to provide a loan to Avivo to support acquisition and preservation of 719 and 727 E 18th St, with 103 transitional housing beds, and 1828 Columbus Ave S, a 10-unit NOAH property.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted. Approved by Mayor Jacob Frey 10/19/2020 (Published 10/20/2020)
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COUNCIL ACTION 2020A-0754 The Minneapolis City Council hereby: 1. Approves the adequacy of the Environmental Assessment Worksheet (EAW) for the proposed Abbott Northwestern Transportation Hub located at 2801, 2837, and 2855 Chicago Ave.
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, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0755 The Minneapolis City Council hereby: 1. Approves an application submitted by CA Ventures to rezone (PLAN11255) the properties located at 407 15th Ave SE, 1428 5th St SE, 1413 4th St SE, 1417 4th St SE, and 416 14th Ave SE from the C1 Neighborhood Commercial District to the C3A Community Activity Center District to construct a new planned-unit development with 308 dwelling units and 27,296 square feet of commercial space.
2. Approves an application submitted by CA Ventures to rezone (PLAN11255) the property located at 1412 5th St SE from the C2 Neighborhood Corridor Commercial District to the C3A Community Activity Center District to construct a new planned-unit development with 308 dwelling units and 27,296 square feet of commercial space.
3. Passage of Ordinance 2020-054 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, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
The following is the complete text of the unpublished summarized ordinance.
ORDINANCE 2020-054 By Goodman Intro & 1st Reading: 1/8/2018 Ref to: BIHZ 2nd Reading: 10/16/2020
Amending Title 20, Chapter 521 of the Minneapolis Code of Ordinances relating to Zoning Code: Zoning Districts and Maps Generally.
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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:
The Land is described as follows:
Real property in the City of Minneapolis, County of Hennepin, State of Minnesota, described as follows:
Tract A:
The Southwesterly 65 feet of Lot 1;
That part of Lot 2, lying Southwesterly of the Northeasterly 120 feet thereof;
All of Lot 9, except that part lying Northwesterly of a line drawn from a point in the Southwesterly line of Block O, distant 239.12 feet Southeasterly from the Southwesterly corner of Block O, to a point in the Northeasterly line of said Lot 9, 238.92 feet Southeasterly, measured along the Northeasterly line of Lots 6, 7, 8 and 9, Block O, from the Northwesterly corner of Lot 6; and Lot 10, excepting a triangular piece of land occupied as a right-of-way by the Great Northern Railway Company in the Southeasterly corner of Lot 10, measured 62 1/2 feet on Fourth Street and 47 feet on Fifteenth Avenue Southeast;
All in Block O, Tuttle's Addition to Saint Anthony, according to the recorded plat thereof, Hennepin County, Minnesota (407 15th Avenue SE – Plate #15) to the C3A Community Activity Center District.
The Land is described as follows:
Real property in the City of Minneapolis, County of Hennepin, State of Minnesota, described as follows:
Lot 1, Block O, Tuttle's Addition to Saint Anthony, according to the recorded plat thereof, Hennepin County, Minnesota, excepting the Southwesterly or rear 65 feet thereof (1428 5th Street SE – Plate #15) to the C3A Community Activity Center District.
The Land is described as follows:
Real property in the City of Minneapolis, County of Hennepin, State of Minnesota, described as follows:
Parcel 1:
The Northeasterly 120 feet of Lots 2 and 3, Block O, Tuttle's Addition To Saint Anthony, except the Northwesterly 12 feet front and rear of said Lot 3, Hennepin County, Minnesota.
Torrens Property, Certificate of Title No. 825418
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Parcel 2:
Together with an easement for private alley purposes over the Northwesterly 12 feet front and rear of the Northeasterly 120 feet of said Lot 3; and an easement for ingress and egress for Industrial Building Corporation, its tenants, invitees and guests over the Northeasterly 15 feet of the
Southwesterly 65 feet of Lot 1, said Block O, as shown In deed Doc No 317582.
(1412 5th Street SE – Plate #15) to the C3A Community Activity Center District.
The Land is described as follows:
Real property in the City of Minneapolis, County of Hennepin, State of Minnesota, described as follows:
The Northwesterly 12 feet, front and rear, of the Northeasterly 120 feet of Lot 3;
That part of Lot 3 lying Southwesterly of the Northeasterly 120 feet thereof;
That part of Lot 8 lying Northwesterly of a line drawn from a point on the Southwesterly line of Block O distant 189.12 feet Southeasterly from the Southwesterly corner of Block O to a point in the Northeasterly line of said Lot 8, Block O 188.92 feet Southeasterly measured along the Northeasterly line of Lots 6, 7, and 8 in Block O from the Northwesterly corner of Lot 6 except the Northwesterly 5.7 feet of the Southwesterly 115 feet thereof;
all in Block O, Tuttle's Addition to Saint Anthony, Hennepin County, Minnesota.
Torrens Property, Certificate of Title No. 1046169
(1413 4th Street SE – Plate #15) to the C3A Community Activity Center District.
The Land is described as follows:
Lots 4 and 5, Block O, Tuttle’s Addition to St. Anthony, Hennepin County, Minnesota.
Abstract Property
(416 14th Avenue SE – Plate #15) to the C3A Community Activity Center District.
The Land is described as follows:
Real property in the City of Minneapolis, County of Hennepin, State of Minnesota, described as follows:
Parcel 1:
That certain portion of Lots 8 and 9, Block "O", Tuttle's Addition to Saint Anthony, described as follows, to-wit:
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Beginning at a point in the Southwesterly line of said Block "O", distant 189.12 feet Southeasterly from the Southwesterly corner of said Block "O", thence in a straight line Northeasterly to a point in the Northeasterly line of said Lot 8, Block "O", distant 188.92 feet Southeasterly, measured along the Northeasterly line of Lots 6, 7 and 8 in said Block "O", from the Northwesterly corner of Lot 6, thence Southeasterly along the Northeasterly line of Lots 8 and 9, in said Block "O", a distance of 50 feet; thence in a straight line Southwesterly to a point in the Southwesterly line of said Block "O", distant 50 feet Southeasterly from the point of beginning; thence Northwesterly along the Southwesterly line of said Block "O", a distance of 50 feet to the point of beginning (1417 4th Street SE – Plate #15) to the C3A Community Activity Center District.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0756 The Minneapolis City Council hereby directs Health Department staff to examine waiving outdoor amplified sound permit fees through calendar year 2020 for businesses with existing entertainment licenses and implementing reasonable limitations on outdoor amplified sound permits to limit the impact on the surrounding neighborhoods.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
On behalf of the Business, Inspections, Housing & Zoning Committee, Goodman offered Resolution 2020R-274 approving an increase in the appropriation of funds to the Department of Community Planning & Economic Development of $2,000,000, for the restoration of properties reduced to rubble.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-274 By Fletcher
Amending The 2020 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 Community Planning and Economic Development Department in the Neiman Marcus Fund (01CPQ- 8900550) by $750,000 from available fund balance.
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That the above-entitled resolution, as amended, be further amended by increasing the appropriation for the Community Planning and Economic Development Department in the Community Investment Fund (01SCI-8900550) by $500,000, and by decreasing the appropriation for the Community Planning and Economic Development Department in the Community Investment Fund (01SCI-8900320) by $500,000.
That the above-entitled resolution, as amended, be further amended by increasing the appropriation for the Community Planning and Economic Development Department in the Community Development Block Grant Fund (01400-8900550) by $750,000 and increasing the revenue estimate in the Community Development Block Grant Fund (01400-8900900-321008) by $750,000.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
The POLICY & GOVERNMENT OVERSIGHT Committee submitted the following report: On behalf of the Policy & Government Oversight Committee, Palmisano offered Ordinance 2020-055 amending Appendix H, Chapter 2 of the Minneapolis Code of Ordinances relating to Minneapolis Cable Communication Franchises: Cable Television Franchise Agreement Between City of Minneapolis, Minnesota and Qwest Broadband Services, Inc., d/b/a CenturyLink.
The following is the complete text of the unpublished summarized ordinance.
ORDINANCE 2020-055 By Palmisano Intro & 1st Reading: 9/18/2020 Ref to: POGO 2nd Reading: 10/16/2020
Amending Appendix H, Chapter 2 of the Minneapolis Code of Ordinances relating to Minneapolis Cable Communication Franchises: Cable Television Franchise Agreement Between City of Minneapolis, Minnesota and Qwest Broadband Services, Inc., d/b/a CenturyLink.
The City Council of the City of Minneapolis do ordain as follows:
Section 1. That Section 2.1 of the above-entitled ordinance be amended to read as follows:
2.1 - General Provisions. (a) Compliance with Minnesota Statutes. This Franchise shall comply with all provisions contained in Minnesota Statutes Chapter 238, and as amended.
(b) Conformance with State and Federal Laws and Rules. The City and Grantee shall conform to state laws and rules regarding cable communications no later than one (1) year after they become effective, unless otherwise stated. The City and Grantee shall conform to federal laws and regulations regarding cable as they become effective.
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(c) Franchise Term. This Franchise shall commence on the Effective Date and Terminate on June 30, 2020 December 16, 2020, unless terminated sooner as hereinafter provided. Any subsequent renewal term of the Franchise shall be limited to not more than fifteen (15) years each. The City shall approve this Franchise through the passage of an ordinance by the City Council and approval of the Mayor, which shall be published in accordance with applicable local and Minnesota law. Within thirty (30) days after enactment of the ordinance granting approval of the Franchise, Grantee shall signify its acceptance of this Franchise by executing a written acceptance of this Franchise. The Effective Date shall be the date of acceptance by Grantee.
(d) Nonexclusive Franchise. This Franchise shall be nonexclusive. The City may grant additional franchises consistent with Minnesota Statutes Section 238.08, subdivision 1(b) and 47 U.S.C. § 541.
(e) Franchise Transfer. No sale or transfer of the franchise or sale or transfer of stock so as to create a new controlling interest under Minnesota Statutes § 238.083 shall occur without the approval of the City, which will not be unreasonably withheld, conditioned that the sale or transfer is completed consistent with Minnesota Statues § 238.083. If allowed under state and federal law, Grantee shall pay all of City's reasonable costs in reviewing and acting upon a transfer application. If the cable communications system is offered for sale, the parties shall comply with any lawful requirements of applicable law regarding the City's right to purchase the cable communications system.
(f) Audit. The City shall have the right to audit the Grantee's accounting and financial records required to calculate the City's franchise fees upon reasonable notice; provided, however, that any such inspection shall take place within three (3) years from the date the City receives the payment, after which period any such payment shall be considered final. The Grantee shall file annual reports with the City detailing gross subscriber revenues and other information the City deems appropriate.
(g) Public Inspection. The Grantee shall make available for public inspection: (1) the length and terms of residential subscriber contracts; (2) the current subscriber charges; and (3) the procedure by which subscriber charges are established, unless such a provision is contrary to state or federal law.
(h) Franchise Administration. The City shall notify Grantee of the office or officer of the City responsible for the continuing administration of the Franchise.
(i) Indemnification. The Grantee shall indemnify, defend and hold harmless the City, its officers, boards, commissions, councils, elected officials, agents and employees (collectively the "Indemnitees") from and against any liability or claims resulting from property damage or bodily injury (including accidental death) that arise out of the Grantee's construction, operation, maintenance or removal of the Cable System, including, but not limited to, reasonable attorneys' fees and costs, provided that the City shall give the Grantee written notice of its obligation to indemnify and defend the City within thirty (30) calendar days of receipt of a claim or action pursuant to this section, or within fifteen (15) calendar days upon receipt of a lawsuit. If the City determines that it is necessary for it to employ separate counsel, the costs for such separate counsel shall be the responsibility of the City.
(1) The Grantee's obligation to indemnify Indemnitees under this Franchise Agreement shall extend to claims, losses, and other matters covered hereunder that are caused or contributed to by the negligence of one or more Indemnitees. However, in such case the obligation to indemnify shall be reduced in proportion to the negligence of the Indemnitees. An example of such reduction is as follows:
842
City Council Proceedings – October 16, 2020 a. Assume an incident occurs for which the Grantee is eighty-five percent (85%) at fault and Indemnitees are fifteen percent (15%) at fault. The total amount due and owing a third party from the resulting claim is one hundred thousand dollars ($100,000). The Grantee's obligation to indemnify is eighty-five percent (85%) of $100,000, or $85,000. b. Grantee shall contemporaneously with this Franchise execute an Indemnity Agreement in a form acceptable to the City, which shall indemnify, defend and hold the City harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses arising out of the actions of the City in granting this Franchise. This obligation includes any claims by another franchised cable operator against the City that the terms and conditions of this Franchise are less burdensome than another franchise granted by the city or that this Franchise does not satisfy the requirements of applicable federal, state, or local law(s).
(j) Insurance. The Grantee shall carry insurance, and provide to the City certificates of insurance designating the City and its officers, boards, commissions, councils, elected officials, agents and employees as additional insureds and demonstrating that the Grantee has obtained the insurance required in this Section, to protect the Grantee and the City from and against any and all claims, demands, actions, judgments, costs, expenses, and liabilities which may arise or result, directly or indirectly, from or by reason of the loss, injury, claim, or damage, in the following amounts:
(1) Commercial General Liability insurance with limits of at least one million dollars ($1,000,000) general aggregate, one million dollars ($1,000,000) products - completed operations one million dollars ($1,000,000) personal and advertising injury, fifty thousand ($50,000) each occurrence fire damage and five thousand ($5,000) medical expense any one person. The policy shall be on an "occurrence" basis, shall include Contractual liability coverage and the City shall be named an additional insured.
(2) Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least five hundred thousand dollars ($500,000) per accident.
The Grantee shall also carry insurance to protect it from all claims under workers' compensation laws in effect that may be applicable to it in the following amounts:
Workers Compensation insurance that meets the statutory obligations with Coverage B-Employers Liability limits of at least one hundred thousand ($100,000) each accident, five hundred thousand ($500,000) disease - policy limit and one hundred thousand ($100,000) disease each employee.
Insurance required must remain in effect for the entire term of the agreement. Insurance secured by the Grantee shall be issued by insurance companies rated A or better by A.M. Best Company and admitted in Minnesota. If Grantee self-insures, Grantee shall certify annually that it has met all of the State of Minnesota requirements for self-insuring.
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Grantee. Any policy deductibles or retention shall be the responsibility of the Grantee. The Grantee shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Grantee's interest or provide adequate coverage. Evidence of coverage is to be provided on an industry standard Insurance Certificate. A thirty (30) day written notice is required if the policy is canceled, not renewed or materially changed. The Grantee shall require any of its subcontractors to comply with these provisions.
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(k) Security. The Grantee shall furnish a performance bond, letter of credit or security fund ("Performance Bond"), acceptable to the City, in the amount of five hundred thousand dollars ($500,000) for compensation for damages resulting from the Grantee's nonperformance as specified in this Franchise.
(l) No Relief from Liability. Nothing in the Franchise shall be construed so as to relieve a person from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing work connected with grading, regarding, or changing the line of a street or public place or with the construction or reconstruction of a sewer or water system.
(m) Qualifications Reviewed. The City considered and approved the Grantee's technical ability, financial condition and legal qualifications in a full public proceeding that afforded reasonable notice and a reasonable opportunity to be heard.
(n) Reserved.
(o) Permits. Pursuant to applicable local law, the Grantee shall obtain a permit from the proper municipal authority before commencing construction on its cable communications system, including the opening or disturbance of a street, sidewalk, driveway, or public place. In the event that Grantee fails to meet the conditions of such a permit, the City may seek remedies under this Franchise Agreement.
(p) Compliance with Code. Wires, conduits, cable and other property and facilities of the Grantee shall be located, constructed, installed and maintained in compliance with applicable local laws. The Grantee must keep and maintain its property so as not to unnecessarily interfere with the usual and customary trade, traffic, or travel upon the streets and public places of the franchise area or endanger the life or property of any person.
(q) Removal and Relocation. Unless otherwise provided for by local law, the City and the Grantee shall establish a procedure in the franchise for the relocation or removal of the franchisee's wires, conduits, cables, and other property located in the street, right-of-way, or public place whenever the City undertakes public improvements that affect the cable equipment except that the City may not discriminate among telecommunication rights-of-way users. Grantee shall be entitled to reimbursement of its relocation costs if made available to other users of the right-of-way for that project or projects.
(r) Compliance with FCC Technical Standards. The Grantee shall comply at a minimum with the technical standards promulgated by the Federal Communications Commission relating to cable communications systems contained in subpart K of part 76 of the Federal Communications Commission's rules and regulations relating to cable communications systems and found in Code of Federal Regulations, title 47, sections 76.601 to 76.617, as amended from time to time. The results of tests required by the Federal Communications Commission will be available for onsite review by the City within 10 days of filing such tests with the FCC.
(s) Cost of Special Testing. The City may require special testing of a location or locations within the System if there is a particular matter of unresolved complaints regarding System construction, operations, signal quality, or installation work pertaining to such location(s). Such tests shall be limited to the particular matter in controversy. The City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to the Grantee or to the subscribers of such testing.
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Before ordering such test, Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The Grantee and City shall determine who is to bear the costs of required special testing.
(t) Subscriber Privacy. No signals of a cable communications channel may be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. The request for permission must be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provisions. The written permission must be for a limited period of time not to exceed one (1) year, which is renewable at the option of the subscriber. No penalty may be invoked for a subscriber's failure to provide or renew the authorization. The authorization is revocable at any time by the subscriber without penalty of any kind. Grantee shall further comply with 47 U.S.C. § 551, which is incorporated herein by reference.
(1) No information or data obtained by monitoring transmission of a signal from a subscriber terminal, including but not limited to lists of the names and addresses of the subscribers or lists that identify the viewing habits of subscribers, may be sold or otherwise made available to any person other than to the company and its employees for internal business use, or to the subscriber who is the subject of that information, unless the company has received specific written authorization from the subscriber to make the data available or unless said information is ordered by a court or subpoenaed;
(2) Written permission from the subscriber must not be required for the systems conducting system wide or individually addressed electronic sweeps for the purpose of verifying system integrity or monitoring for the purpose of billing. Confidentiality of this information is subject to clause (t)(1); and
(3) For purposes of this provision, a "cable communications channel" means a signaling path provided by a cable communications system to transmit signals of any type from a subscriber terminal to another point in the communications system.
(u) Complaint Resolution Procedure. See Section 3.
(v) Receipt of Complaints. See Section 3. Also, Grantee shall immediately provide a consumer complaint telephone number at the City to subscribers that asks for a consumer complaint number.
(w) Franchise Termination. The City has the right to terminate and cancel the franchise and the rights and privileges of the franchise if the Grantee substantially violates a provision of the franchise ordinance or agreement, attempts to evade the provisions of the franchise ordinance or agreement, or practices fraud or deceit upon the City. The City shall provide the Grantee with a written notice of the cause for termination and its intention to terminate the Franchise and shall allow the Grantee a minimum of thirty (30) days after service of the notice in which to correct the violation. The Grantee must be provided with an opportunity to be heard at a public hearing before the governing body of the City before the termination of the franchise.
(x) Abandonment. No person operating a cable communications system, notwithstanding any provision in a franchise, may abandon a cable communications system or a portion of it without having given three (3) months prior written notice to the franchising authority. No person operating a cable communications system may abandon a cable communications system or a portion of it without compensating the City for damages resulting to it from the abandonment.
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(y) Removal of Facilities. Upon termination or forfeiture of the Franchise, unless otherwise required by applicable law, the Grantee shall remove its cable, wires, and appliances from the streets, alleys, and other public places within the franchise area if the City so requests. In the event the Grantee fails to remove its cable, wires, and appliances from the streets, alleys, and other public places within the franchise area, the Grantee will be subject to the procedures of applicable local law.
(z) Access Channels. The Grantee shall provide nine (9) channels (the "Access Channels") to be used for Public, Educational or Government programming on the basic service tier. The City has the sole discretion to designate the use of each Access Channel. Grantee shall provide a technically reliable path for upstream and downstream transmission of the Access Channels, which will in no way degrade the technical quality of the Access Channels, from an agreed upon demarcation point at the City's Master Control Center at City Hall, and from the City's designated Access providers locations, to Grantee's headend, on which all Access Channels shall be transported for distribution on Grantee's subscriber network. The Access Channels shall be delivered without degradation to subscribers in the technical format (e.g. HD or SD) as delivered by the City and any designated Access provider to Grantee at each demarcation point at City Hall and at the designated Access providers' locations.
(1) All of the Access Channels will be made available through a multi-channel display (i.e. a picture-in- picture feed) on a single TV screen called a "mosaic" (the "Minneapolis Mosaic"), where a cable subscriber can access via an interactive video menu one of any of the nine PEG Access Channels. The Minneapolis Mosaic will be located on Channel 14. The nine Access Channels will be located at Channels 8001-8009. The Minneapolis Mosaic will be contain only Access Channels authorized by the City of Minneapolis.
(2) Grantee will make available to the City the ability to place Access Channel programming information on the interactive channel guide by putting the City in contact with the electronic programming guide vendor ("EPG provider") that provides the guide service. Grantee will be responsible for providing the designations and instructions necessary to ensure the Access Channels will appear on the programming guide throughout the City and any necessary headend costs associated therewith. The City shall be responsible for providing programming information to the EPG provider. Grantee shall pay any costs the EPG provider charges to programmers who participate in its service.
(3) For purposes of this Franchise, the term "channel" shall be as commonly understood and is not any specific bandwidth amount. The signal quality of the Access Channels shall be the same as the local broadcast channels, provided such signal quality is delivered to Grantee at the Access Channels' respective demarcation points.
(4) Grantee will provide, at no cost to the City, air time on non-Access channels during periods in which ample unsold/unused air time on such channels exists, in a manner consistent with past informal practice, for City public service announcements (PSAs). The City will provide a 30-second PSA prior to the start of each month on a mutually agreed-upon schedule.
(5) In the event Grantee makes any change in the Cable System and related equipment and facilities or in its signal delivery technology, which requires the City to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the Access Channels to the Grantee's headend, Grantee shall, at its own expense and free of charge to the City or its designated entities, purchase such equipment as may be necessary to facilitate the cablecasting of the Access Channels in accordance with the requirements of the Franchise.
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(6) Neither the Grantee nor the officers, directors, or employees of the Grantee is liable for any penalties or damages arising from programming content not originating from or produced by the Grantee and shown on any public access channel, education access channel, government access channel, leased access channel, or regional channel.
(7) Within one hundred twenty (120) days of a written request from the City, Grantee shall make available as part of Basic Service to all Subscribers a Government Access Video-on Demand (GAVOD) Service and maintain a GAVOD system. The GAVOD system shall be connected by the Grantee such that: a. Twenty-five (25) hours of programming per Access Channel, or such greater amount as may be mutually agreed to by the parties, as designated and supplied by the City or its Designated Access Provider to the Grantee may be electronically transmitted and/or transferred and stored on the GAVOD system; and b. a database of that programming may be efficiently searched and a program requested and viewed over the GAVOD system by any Subscriber in the City; and c. programming submitted for placement on the GAVOD system, shall be placed on and available for viewing from the GAVOD system within forty-eight (48) hours of receipt of said programming; d. The hardware and software described in Subsection (8) below, shall be in all respects of the same or better technical quality as the hardware and software utilized by Grantee in the provision of any other video on demand services offered over the Cable System, and shall be upgraded at Grantee's cost, when new hardware or software is utilized on Grantee's Cable System for other video on demand services. Grantee shall provide reasonable technical assistance to allow for proper use and operation when encoding hardware or software is installed and/or upgraded at City's facilities.
(8) To ensure compatibility and interoperability, the Grantee shall supply and maintain all necessary hardware and software to encode, transmit and/or transfer Government Access programming from the City to the GAVOD system. The City shall be responsible for all monitoring of any equipment provided under this Section, and notifying Grantee of any problems. Grantee shall provide all technical support and maintenance for the equipment provided to the City by Grantee under this Section. After notification of any equipment problems, Grantee shall diagnose and resolve the problem within forty eight (48) hours. Major repairs which can't be repaired within the forty eight (48) hour timeframe shall be completed within seven (7) days of notice, unless, due to Force Majeure conditions, a longer time is required. "Major repairs" are those that require equipment to be specially obtained in order to facilitate the repairs. The quality of signal and the quality of service obtained by a Subscriber utilizing the GAVOD service shall meet or exceed the quality standards established for all other programming provided by the Grantee and as established elsewhere in this Franchise Agreement.
(aa) PEG Support.
(1) The PEG fee, payable quarterly, shall be: a. $1.50/subscriber/month from the effective date until the franchise renews. Starting with the 2016 calendar year, the City may elect to increase this fee based on the Consumer Price Index. Any such election must be made in writing to the Franchisee no later than September 1 st prior to the year in which the increase shall apply. In no event shall the fee be in an amount different from the incumbent cable provider or exceed $1.75. In the event the incumbent agrees to a higher, or lower, PEG fee, Grantee will increase,
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City Council Proceedings – October 16, 2020 or decrease, its PEG fee upon ninety (90) days written notice from the City. The PEG fee may be used for operational or capital support of PEG programming. b. If any laws, rules, regulations or government authorizations would allow a provider of multi-channel video programming or equivalent in the City's rights-of-way to provide multi-channel video programming or equivalent under less burdensome regulations or regulatory structure than Grantee is operating under, the obligations of this section shall be modified to reflect such changes. c. Grantee agrees that financial support for PEG arising from or relating to the obligations set forth in this Section shall in no way modify or otherwise affect Grantee's obligations to pay Franchise Fees to City. Grantee agrees that although the sum of Franchise Fees plus the payments set forth in this Section may total more than five percent (5%) of Grantee's Gross Revenues in any 12-month period, the additional commitments shall not be offset or otherwise credited in any way against any Franchise Fee payments under this Franchise Agreement. d. If the incumbent franchised cable operator agrees to provide any support of the Access Channels in excess of the amount identified in paragraph 2.1(aa)(1)(i) above or to any payment in support of an institutional network after the Effective Date of this Franchise, the City, in its reasonable discretion, after meeting with the Grantee, will determine the appropriate additional payment, in any, Grantee will make in support of the Access Channels or an institutional network.
(bb) Regional Channel 6. The VHF Channel 6 is designated for uniform regional channel usage as required in Minnesota Statutes § 238.02, subdivision 31(c), and Minnesota Statutes § 238.43.
(cc) Cable Service to Public Buildings. Grantee shall, at no cost to the City, provide basic service and expanded basic service and necessary reception equipment to all outlets at government buildings, schools and public libraries located in the City where Grantee provides Cable Service, so long as these government addresses are designated as a household and no other cable communications provider is providing complementary service at such location. For purposes of this subsection, "school" means all State- accredited K-12 public, the University of Minnesota, and private schools. Outlets of basic and expanded basic service provided in accordance with this subsection may be used to distribute cable services throughout such buildings; provided such distribution can be accomplished without causing cable system disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0757 The Minneapolis City Council hereby authorizes an increase to Contract No. C-43247 with MA Mortenson, in the amount of $1,414,151 for a total amount not to exceed $18,915,264, for reimbursement of costs associated with increased scopes of ancillary work, additional staffing, and an extended project schedule for the Public Service Building Project.
On roll call, the result was:
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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0758 The Minneapolis City Council hereby authorizes an increase to Contract No. COM0000793 with Grazzini Brothers and Company, in the amount of $22,996 for a total amount not to exceed $2,131,376, for increased tile and stonework for the Public Service Building Project.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0759 The Minneapolis City Council hereby authorizes an increase to Contract No. COM0001070 with RTL Construction, Inc., in the amount of $46,979 for a total amount not to exceed $5,250,668, for increased drywall and fireproofing work for the Public Service Building Project.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0760 The Minneapolis City Council hereby authorizes an increase to Contract No. C-43582 with Pie Engineering and Consulting, Inc., in the amount of $11,035 for a total amount not to exceed $312,980, for additional Exterior Envelope Commission Services for the Public Service Building Project.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0761 The Minneapolis City Council hereby authorizes an increase to Contract No. COM0000565 with Schindler Elevator Corporation, in the amount of $21,000 for a total amount not to exceed $3,119,314, for additional elevator manufacturing and installation work for the Public Service Building Project.
On roll call, the result was:
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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0762 The Minneapolis City Council hereby authorizes an increase to Contract No. COM0001983 with Vomela Specialty Company, Inc., in the amount of $8,886.21 for a total amount not to exceed $110,564.01, for additional window treatments as part of the public art for the Public Service Building Project, all in accordance with City specifications.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0763 The Minneapolis City Council hereby authorizes an increase to Contract No. COM0001347 with Grazzini Brothers and Company, in the amount of $28,082 for a total amount not to exceed $660,442, for increased terrazzo flooring work for the Public Service Building Project.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0764 The Minneapolis City Council hereby authorizes an increase to Contract No. COM00001149A with Acoustic Associates, Inc., in the amount of $23,353 for a total amount not to exceed $1,628,104, for increased flooring work for the Public Service Building Project.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0765 The Minneapolis City Council hereby authorizes an increase to Contract No. COM0001069 with MA Mortenson Company, in the amount of $51,168 for a total amount not to exceed $6,306,267, for increased carpentry and casework installation for the Public Service Building Project.
On roll call, the result was:
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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0766 The Minneapolis City Council hereby authorizes an increase to Contract No. COM0000416 with Modern Piping, Inc., in the amount of $48,193 for a total amount not to exceed $28,258,600, for increased costs for mechanical work for the Public Service Building Project.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0767 The Minneapolis City Council hereby accepts the second low bid of RJM Printing, Inc., submitted on Event No. 1205, in the amount of $146,997.51, to provide all materials, labor, equipment and incidentals necessary for the signs and wayfinding for the Public Service Building Project, and authorizing a contract for the project, all in accordance with City specifications.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted. Approved by Mayor Jacob Frey 10/19/2020. (Published 10/20/2020)
COUNCIL ACTION 2020A-0768 The Minneapolis City Council hereby authorizes an image license agreement with Star Tribune in the amount of $1000, for the display of four images at Peavey Plaza through September 30, 2040.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0769 The Minneapolis City Council hereby authorizes an extension to contract No. C-44046 with Federal Reserve Bank of Minneapolis through Dec. 31, 2025, for extending the period of analysis of the economic impact study of the city’s minimum wage ordinance.
On roll call, the result was:
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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0770 The Minneapolis City Council hereby authorizes the City Attorney's Office to prepare or join an amicus brief on behalf of the ACLU of Minnesota in the case pending before the Minnesota Court of Appeals of Schroeder et al. v. Simon, which deals with the voting rights of convicted felons.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
On behalf of the Policy & Government Oversight Committee, Jenkins offered Resolution 2020R-275 authorizing a one-time retirement incentive for eligible city employees ending January 29, 2021, including the following amendment to Section 7 of the resolution: “Section 7. Payment. Provided employee separates from service on the retirement date stated on the employee’s participation form and signed waiver and release agreement, payments to the employee and to the employee’s MSRS/HCSP account will be made within thirty (30) sixty-five (65) days after the expiration of all applicable notice, waiver and rescission time periods. Should the employee die after separation from service but prior to the payment to them and to their MSRS/HCSP account, the money $30,000 shall be paid in cash to the employee’s estate.”
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-275 By Jenkins
Authorizing a one-time retirement incentive for eligible city employees ending January 29, 2021.
Whereas, the City desires to minimize the number of layoffs and realize savings through positions being left vacant; and
Whereas, the City seeks to maintain adequate staffing levels to avoid overtime expenses; and
Whereas, outcomes realized from the retirement incentive program are to meet operational effectiveness and efficiency goals while providing the best possible level of service to the residents of Minneapolis; and
Whereas, the City seeks the broadest incentive plan that accomplishes the purpose and minimizes potential unintended consequences.
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
That the following retirement incentive be authorized and shall apply to all eligible employees:
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Section 1. Plan. The City will provide a lump sum payment of ten thousand dollars ($10,000) to the eligible employee’s account in the Minnesota State Retirement System's Health Care Savings Plan (MSRS HCSP) established through Minneapolis City Ordinance, Section 20.430, and a lump-sum cash payment, with all applicable federal and state taxes withdrawn, of twenty thousand dollars ($20,000) to an eligible employee who: (a) Has submitted a signed and fully-completed participation form and signed waiver and release agreement to the Human Resources Department, 250 South 4th Street, Room 100, Minneapolis, MN, 55415, on or after December 7, 2020, and no later than 4:30 p.m. on Monday, January 11, 2021; and (b) Separates from service no earlier than sixteen (16) days after submission of the completed participation form and waiver and no later than January 29, 2021.
Section 2. Eligible Employee. An eligible employee is a full-time employee of the City under City Council jurisdiction whose age plus full-time city service total at least 75 (Rule of 75) as of October 1, 2020 and who is not excluded from participation. Employees who are sworn employees of the Minneapolis Police Department or Fire Department, employees of the Minneapolis Emergency Communications Center, employees of the Public Works Department and charter department heads are excluded from participation in this retirement incentive.
Section 3. Age. Age means years and months from the employee’s date of birth. Partial months shall not be counted.
Section 4. Full-time. Full-time means a permanent employee who is scheduled to work at least 30 hours per week.
Section 5. City Service. City service means the years and months of service worked with the City of Minneapolis. Time off pursuant to Military Leave or the Family Medical Leave Act, paid or unpaid, shall count toward city service. Time previously served with a city-related entity with which the city has had an active reciprocity agreement shall count toward city service. Partial months shall not be counted.
Section 6. Notification to eligible employees. The Human Resources Department shall mail, via USPS, an information packet to each eligible employee no later than Wednesday, October 21, 2020. The information packet shall contain the participation form, eligible and ineligible lists and the waiver and release agreement.
Section 7. Payment. Provided employee separates from service on the retirement date stated on the employee’s participation form and signed waiver and release agreement, payments to the employee and to the employee’s MSRS/HCSP account will be made within thirty (30) sixty-five (65) days after the expiration of all applicable notice, waiver and rescission time periods. Should the employee die after separation from service but prior to the payment to them and to their MSRS/HCSP account, the money $30,000 shall be paid in cash to the employee’s estate.
Section 8. Pension benefits impact. To the extent permitted by law, the contribution will have no financial impact on the eligible employee's current or future pension benefits.
Section 9. Employment ineligibility. Employees who separate employment under the terms of this retirement incentive are ineligible for future employment with any department under City Council jurisdiction.
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Section 10. Rescission period. An employee may rescind the election to participate pursuant to federal law, state law, civil service rules or collective bargaining agreement.
Section 11. Reimbursement of payroll advance. Any employee who received a one-week advance as part of the 1985 payroll conversion from a one-week delay to a two-week delay will be required to reimburse the City of Minneapolis for the amount of the payroll advance received. An employee may elect to reimburse the City for the amount of the payroll advance while still employed by the City. Any remaining reimbursement amount balance will be taken from the employee's last paycheck.
Section 12. Reimbursement of negative sick or vacation leave. Any employee who has accrued negative sick or vacation leave will be required to reimburse the City of Minneapolis for the amount owing for the negative sick or vacation leave received. An employee may elect to reimburse the City for the amount of the accrued negative sick or vacation leave while still employed by the City. An employee participating in this incentive agrees that any remaining reimbursement amount balance will be taken from the employee's last paycheck.
Section 13. Waiver and release of rights. Employees participating in this retirement incentive must release the City of Minneapolis from any and all rights, causes of action or claims in connection with the employee's employment at the City of Minneapolis, termination of that employment and all related matters. The waiver shall exclude rights, causes of action and claims arising after the date the waiver is executed. These rights and claims include, but are not limited to, those arising under any local, state, or federal laws, regulations or other requirements, including without limitation the Age Discrimination in Employment Act, as amended by the Older Workers' Benefit Protection Act. The waiver will not interfere with an employee's right to file a charge or participate in an investigation or a proceeding conducted by the Equal Employment Opportunity Commission.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted, as amended.
On behalf of the Policy & Government Oversight Committee, Jenkins offered Resolution 2020R-276 authorizing a one-time retirement incentive for eligible Public Works, 911, sworn police and sworn fire employees ending January 29, 2021, including the following amendment to Section 7 of the resolution: “Section 7. Payment. Provided employee separates from service on the retirement date stated on the employee’s participation form and signed waiver and release agreement, payments to the employee and to the employee’s MSRS/HCSP account will be made within thirty (30) sixty-five (65) days after the expiration of all applicable notice, waiver and rescission time periods. Should the employee die after separation from service but prior to the payment to them and to their MSRS/HCSP account, the money $30,000 shall be paid in cash to the employee’s estate.”
The following is the complete text of the unpublished summarized resolution.
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RESOLUTION 2020R-276 By Jenkins
Authorizing a one-time retirement incentive for eligible Public Works, 911, sworn police and sworn fire employees ending January 29, 2021.
Whereas, the City desires to minimize the number of layoffs and realize savings through positions being left vacant; and
Whereas, the City seeks to maintain adequate staffing levels to avoid overtime expenses; and
Whereas, outcomes realized from the retirement incentive program are to meet operational effectiveness and efficiency goals while providing the best possible level of service to the residents of Minneapolis; and
Whereas, the City seeks the broadest incentive plan that accomplishes the purpose and minimizes potential unintended consequences.
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
That the following retirement incentive be authorized and shall apply to all eligible employees:
Section 1. Plan. The City will provide a lump sum payment of ten thousand dollars ($10,000) to the eligible employee’s account in the Minnesota State Retirement System's Health Care Savings Plan (MSRS HCSP) established through Minneapolis City Ordinance, Section 20.430, and a lump-sum cash payment, with all applicable federal and state taxes withdrawn, of twenty thousand dollars ($20,000) to an eligible employee who: (a) Has submitted a signed and fully-completed participation form and signed waiver and release agreement to the Human Resources Department, 250 South 4th Street, Room 100, Minneapolis, MN, 55415, on or after December 7, 2020, and no later than 4:30 p.m. on Monday, January 11, 2021; and (b) Separates from service no earlier than sixteen (16) days after submission of the completed participation form and waiver and no later than January 29, 2021.
Section 2. Eligible Employee. An eligible employee is a full-time employee of the Public Works Department, a full-time employee of the Minneapolis Emergency Communications Center or a full-time sworn employee of the Police Department or the Fire Department whose age plus full-time city service total at least 80 (Rule of 80) as of October 1, 2020, and who is not excluded from participation. The Chief of Police, the Fire Chief or Interim Fire Chief and all employees who are employed in the Public Works divisions of Fleet Services, Transportation Maintenance and Repair and the Traffic & Parking Services Impound Lot, as well as all Public Works employees classified in the job classification titles of Public Works Service Worker I and Public Works Service Worker II in all Public Works divisions are excluded from participation in this retirement incentive.
Section 3. Age. Age means years and months from the employee’s date of birth. Partial months shall not be counted.
Section 4. Full-time. Full-time means a permanent employee who is scheduled to work at least 30 hours per week.
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Section 5. City Service. City service means the years and months of service worked with the City of Minneapolis. Time off pursuant to Military Leave or the Family Medical Leave Act, paid or unpaid, shall count toward city service. Time previously served with a city-related entity with which the City has had an active reciprocity agreement shall count toward city service. Partial months shall not be counted.
Section 6. Notification to eligible employees. The Human Resources Department shall mail, via USPS, an information packet to each eligible employee no later than Wednesday, October 21, 2020. The information packet shall contain the participation form, eligible and ineligible lists and the waiver and release agreement.
Section 7. Payment. Provided employee separates from service on the retirement date stated on the employee’s participation form and signed waiver and release agreement, payments to the employee and to the employee’s MSRS/HCSP account will be made within thirty (30) sixty-five (65) days after the expiration of all applicable notice, waiver and rescission time periods. Should the employee die after separation from service but prior to the payment to them and to their MSRS/HCSP account, the money $30,000 shall be paid in cash to the employee’s estate.
Section 8. Pension benefits impact. To the extent permitted by law, the contribution will have no financial impact on the eligible employee's current or future pension benefits.
Section 9. Employment ineligibility. Employees who separate employment under the terms of this retirement incentive are ineligible for future employment with any department under City Council jurisdiction.
Section 10. Rescission period. An employee may rescind the election to participate pursuant to federal law, state law, civil service rules or collective bargaining agreement.
Section 11. Reimbursement of payroll advance. Any employee who received a one-week advance as part of the 1985 payroll conversion from a one-week delay to a two-week delay will be required to reimburse the City of Minneapolis for the amount of the payroll advance received. An employee may elect to reimburse the City for the amount of the payroll advance while still employed by the City. Any remaining reimbursement amount balance will be taken from the employee's last paycheck.
Section 12. Reimbursement of negative sick or vacation leave. Any employee who has accrued negative sick or vacation leave will be required to reimburse the City of Minneapolis for the amount owing for the negative sick or vacation leave received. An employee may elect to reimburse the City for the amount of the accrued negative sick or vacation leave while still employed by the City. An employee participating in this incentive agrees that any remaining reimbursement amount balance will be taken from the employee's last paycheck.
Section 13. Waiver and release of rights. Employees participating in this retirement incentive must release the City of Minneapolis from any and all rights, causes of action or claims in connection with the employee's employment at the City of Minneapolis, termination of that employment and all related matters. The waiver shall exclude rights, causes of action and claims arising after the date the waiver is executed. These rights and claims include, but are not limited to, those arising under any local, state, or federal laws, regulations or other requirements, including without limitation the Age Discrimination in Employment Act, as amended by the Older Workers' Benefit Protection Act. The waiver will not interfere
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On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted, as amended.
On behalf of the Policy & Government Oversight Committee, Jenkins offered Resolution 2020R-277 authorizing a one-time retirement incentive for eligible employees in the Public Works Department divisions of Fleet Services, Transportation Maintenance and Repair, and Traffic and Parking Services Impound Lot, and all employees classified in the job classification titles of Public Works Service Worker I and Public Works Service Worker II in all Public Works divisions ending April 30, 2021, including the following amendment to Section 7 of the resolution: “Section 7. Payment. Provided employee separates from service on the retirement date stated on the employee’s participation form and signed waiver and release agreement, payments to the employee and to the employee’s MSRS/HCSP account will be made within thirty (30) sixty-five (65) days after the expiration of all applicable notice, waiver and rescission time periods. Should the employee die after separation from service but prior to the payment to them and to their MSRS/HCSP account, the money $30,000 shall be paid in cash to the employee’s estate.”
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-277 By Jenkins
Authorizing a one-time retirement incentive for eligible employees in the Public Works Department divisions of Fleet Services, Transportation Maintenance and Repair, and Traffic and Parking Services Impound Lot, and all employees classified in the job classification titles of Public Works Service Worker I and Public Works Service Worker II in all Public Works divisions ending April 30, 2021.
Whereas, the City desires to minimize the number of layoffs and realize savings through positions being left vacant; and
Whereas, the City seeks to maintain adequate staffing levels to avoid overtime expenses; and
Whereas, outcomes realized from the retirement incentive program are to meet operational effectiveness and efficiency goals while providing the best possible level of service to the residents of Minneapolis; and
Whereas, the City seeks the broadest incentive plan that accomplishes the purpose and minimizes potential unintended consequences.
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
That the following retirement incentive be authorized and shall apply to all eligible employees:
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Section 1. Plan. The City will provide a lump sum payment of ten thousand dollars ($10,000) to the eligible employee’s account in the Minnesota State Retirement System's Health Care Savings Plan (MSRS HCSP) established through Minneapolis City Ordinance, Section 20.430, and a lump-sum cash payment, with all applicable federal and state taxes withdrawn, of twenty thousand dollars ($20,000) to an eligible employee who: (a) Has submitted a signed and fully-completed participation form and signed waiver and release agreement to the Human Resources Department, 250 South 4th Street, Room 100, Minneapolis, MN, 55415, on or after March 29, 2021, and no later than 4:30 p.m. on Friday, April 9, 2021; and (b) Separates from service no earlier than sixteen (16) days after submission of the completed participation form and waiver and no later than April 30, 2021.
Section 2. Eligible Employee. An eligible employee is a full-time employee who is an employee of the Public Works Department divisions of Fleet Services, Transportation Maintenance and Repair, Traffic & Parking Services Impound Lot, and all employees classified in the job classification titles of Public Works Service Worker I and Public Works Service Worker II in all Public Works divisions whose age plus full-time city service total at least 80 (Rule of 80) as of November 29, 2020.
Section 3. Age. Age means years and months from the employee’s date of birth. Partial months shall not be counted.
Section 4. Full-time. Full-time means a permanent employee who is scheduled to work at least 30 hours per week.
Section 5. City Service. City service means the years and months of service worked with the City of Minneapolis. Time off pursuant to Military Leave or the Family Medical Leave Act, paid or unpaid, shall count toward city service. Time previously served with a city-related entity with which the city has had an active reciprocity agreement shall count toward city service. Partial months shall not be counted.
Section 6. Notification to eligible employees. Human Resources shall mail, via USPS, an information packet to each eligible employee no later than Monday, February 8, 2021. The information packet shall contain the participation form, eligible and ineligible lists and the waiver and release agreement.
Section 7. Payment. Provided employee separates from service on the retirement date stated on the employee’s participation form and signed waiver and release agreement, payments to the employee and to the employee’s MSRS/HCSP account will be made within thirty (30) sixty-five (65) days after the expiration of all applicable notice, waiver and rescission time periods. Should the employee die after separation from service but prior to the payment to them and to their MSRS/HCSP account, the money $30,000 shall be paid in cash to the employee’s estate.
Section 8. Pension benefits impact. To the extent permitted by law, the contribution will have no financial impact on the eligible employee's current or future pension benefits.
Section 9. Employment ineligibility. Employees who separate employment under the terms of this retirement incentive are ineligible for future employment with any department under City Council jurisdiction.
Section 10. Rescission period. An employee may rescind the election to participate pursuant to federal law, state law, civil service rules or collective bargaining agreement.
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Section 11. Reimbursement of payroll advance. Any employee who received a one-week advance as part of the 1985 payroll conversion from a one-week delay to a two-week delay will be required to reimburse the City of Minneapolis for the amount of the payroll advance received. An employee may elect to reimburse the City for the amount of the payroll advance while still employed by the City. Any remaining reimbursement amount balance will be taken from the employee's last paycheck.
Section 12. Reimbursement of negative sick or vacation leave. Any employee who has accrued negative sick or vacation leave will be required to reimburse the City of Minneapolis for the amount owing for the negative sick or vacation leave received. An employee may elect to reimburse the City for the amount of the accrued negative sick or vacation leave while still employed by the City. An employee participating in this incentive agrees that any remaining reimbursement amount balance will be taken from the employee's last paycheck.
Section 13. Waiver and release of rights. Employees participating in this retirement incentive must release the City of Minneapolis from any and all rights, causes of action or claims in connection with the employee's employment at the City of Minneapolis, termination of that employment and all related matters. The waiver shall exclude rights, causes of action and claims arising after the date the waiver is executed. These rights and claims include, but are not limited to, those arising under any local, state, or federal laws, regulations or other requirements, including without limitation the Age Discrimination in Employment Act, as amended by the Older Workers' Benefit Protection Act. The waiver will not interfere with an employee's right to file a charge or participate in an investigation or a proceeding conducted by the Equal Employment Opportunity Commission.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted, as amended.
COUNCIL ACTION 2020A-0771 The Minneapolis City Council hereby: 1. Accepts a Federal CARES Act Funding through the State of Minnesota, in the amount of $32,282,020, for eligible COVID-19 expenses during the funding period generally ending Nov. 15, 2020. 2. Authorizes any necessary agreements to implement local government transfers. 3. Authorizes the Chief Finance Officer to make any necessary appropriation adjustments to allow departments to receive and spend funds. 4. Passage of Resolution 2020R-278 approving appropriation of the funds to the Federal Grant Fund, non-departmental.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
The following is the complete text of the unpublished summarized resolution.
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RESOLUTION 2020R-278 By Fletcher
Amending The 2020 General Appropriation Resolution.
Resolved by The City Council of The City of Minneapolis:
That the above-entitled resolution, as amended, be further amended to reflect the receipt of CARES Act funding in the amount of $32,282,020. Increase, by $32,282,020, the revenue budget in 01300-1230100- 321018 and increase the expense budget in 01300-1230100-507000.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
On behalf of the Policy & Government Oversight Committee, Jenkins offered Resolution 2020R-279 establishing a truth and reconciliation process for the City of Minneapolis.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-279 By Jenkins, Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Cano, Bender, Schroeder, Johnson, and Palmisano
Establishing a truth and reconciliation process for the City of Minneapolis.
Whereas, the Indigenous nations who resided on this land prior to the arrival of European settlers, have experienced a history of broken promises, violence, deprivation, and disease; and
Whereas, the City of Minneapolis recognizes that Africans were forcibly brought to this country, enslaved, and that the social construction of race was used to justify their enslavement as well as the removal of Indigenous nations off their land; and
Whereas, 38 Dakota men were hanged on December 26, 1862, in Mankato, Minnesota in the largest one- day mass execution in American history; and
Whereas, the City of Minneapolis recognizes the annexation of Dakota homelands for the building of our city, and knows Indigenous nations have lived upon this land since time immemorial and the land itself carries this historical trauma; and
Whereas, the Dakota people were driven off this land at the hands of our State and Federal government, with Minnesota Governor Alexander Ramsey declaring that the Dakota people “must be exterminated or driven forever beyond the borders of the State”; and
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Whereas, after the Emancipation of Slavery, Minnesota continued to mistreat African Americans living in the state through exclusionary practices including terrorizing and lynching African Americans who posed a threat; redlining and destroying African American communities and businesses; moving jobs away from the central cities with the build out of the freeway system; mass incarceration; and disinvestments in public education; and
Whereas, Blacks who lived outside of redlined areas experienced terror and harm from white residents; and
Whereas, the City of Minneapolis destroyed a vibrant Black neighborhood in the construction of I-35; and
Whereas, American Indians did not start returning to this land until they were forced off their reservations in the 1950s; and
Whereas, racism against African Americans and American Indians has various forms including historical, individual, internalized, interpersonal, institutional, systemic and structural that has not only continued to this day but has transformed to ensure the concentration of material, power and resources in the hands of white bodied individuals; and
Whereas, Minnesota and the City of Minneapolis has some of the most severe racial inequities in the country; and
Whereas, African Americans make up 31% and American Indians make up 8% of the incarcerated population but only 7% and 1%, respectively, of the statewide population; and
Whereas, African American (37%) and American Indian (34%) adults are overrepresented in Minnesota’s homeless population; and
Whereas, the statewide average for attainment of a bachelor’s degree is 52% while the African American rate is 32.7% and American Indian rate is 22.6%; and
Whereas, 32% of all Minnesotan communities are above risk guidelines for air quality but a disproportionate 91% of communities of color and indigenous communities are above risk guidelines; and
Whereas, the Minneapolis median household income is $68,000 for White families while African American families have a median household income of only $30,000; and
Whereas, African Americans in Minneapolis experience unemployment at three times that of White residents; and
Whereas, Minneapolis has the largest home ownership disparity between White and African American families; 76% of white families own their homes, while the home ownership rate of African American families is 25%; and
Whereas, in Minneapolis, African American and American Indians are three times more likely to live below the poverty line than White residents; and
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Whereas, the City of Minneapolis recognizes August 20, 2019, as the 400 Year Commemoration of Resistance and Liberation of African Americans in the City of Minneapolis; and
Whereas, the City of Minneapolis declared racism as a public health emergency;
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
Section 1. A working group is hereby established that will be tasked with exploring the creation of a Truth and Reconciliation process, and that this group will study the meaning of reconciliation, research different models of truth and reconciliation commissions, and understand the impact that such a process might have on the City of Minneapolis and its residents. The ultimate objective of the reconciliation and transformational racial healing process is to name and address the harms that have perpetuated racial disparities by implementing specific solutions with a prioritized focus on healing with historically Black/American Descendants of Slavery and American Indian/Indigenous communities, recognizing that the issues of anti-Blackness and Native sovereignty continue to perpetrate harm against all groups.
Section 2. The Division of Race & Equity is directed to lead an enterprise-wide effort, in collaboration with the Mayor’s Office, City Council, Civil Rights Department, City Coordinator’s Office, City Attorney’s Office, City Clerk, and other departments to explore the formation of a truth and reconciliation process for the City of Minneapolis, specifically by:
1. Consulting with local and national truth and reconciliation experts, those skilled in conflict resolution, and other key stakeholders to: ▪ Understand the meaning of reconciliation; ▪ Research different models of truth and reconciliation commissions; and ▪ Understand the impact of a truth and reconciliation process on the City of Minneapolis.
2. Developing the organizational capacity and framework required for a City-led truth and reconciliation process. Activities include, but are not limited to: ▪ Secure a consultant to facilitate initial phases of the truth and reconciliation process; ▪ Develop shared goals and desired outcomes for a truth and reconciliation process; ▪ Determine a scope for the focus of the process; ▪ Ensure alignment between the truth and reconciliation process and other related City processes; ▪ Determine proposed near, mid and long-term actionable steps the City can take that contribute towards achieving the goals and objectives with tentative timeline, costs, and other factors necessary for implementation; and ▪ Develop capacity-building framework to deepen internal and external understanding related to the truth and reconciliation process.
3. Recommending an approach for establishing a truth & reconciliation commission, including: ▪ Identify key participants including government, community-based, staff, and elected policymakers; ▪ Recommend success measures and metrics by which the effort will be evaluated; and ▪ Propose a timeline by which the truth & reconciliation commission will be seated and launched.
4. Providing a report back on the proposed truth and reconciliation process and commission framework at the first Policy & Government Oversight Committee meeting in January 2021.
On roll call, the result was:
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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
The PUBLIC HEALTH & SAFETY Committee submitted the following report: COUNCIL ACTION 2020A-0772 The Minneapolis City Council hereby authorizes a contract with the University of Minnesota Veterinary Medical Center, in the amount of $80,000, for two years from July 1, 2020 through June 30, 2022, and using the contract form provided by the Regents of the University of Minnesota for veterinary services for Police K-9s.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0773 The Minneapolis City Council hereby: 1. Accepts a grant from the Minnesota Pollution Control Agency, in the amount of $13,125, to plant at least 75 trees on private property in North Minneapolis from October 2020 through June 2023. 2. Authorizes an agreement with the Minnesota Pollution Control Agency for the grant. 3. Passage of Resolution 2020R-280 approving appropriation of funds to the Health Department.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-280 By Fletcher
Amending The 2020 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 (01600-8600155 revenue code 321004) by $13,125 and increasing the revenue estimate (01600-8600155) by $13,125.
On roll call, the result was:
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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0774 The Minneapolis City Council hereby: 1. Accepts a grant from Youthprise Foundation, in the amount of $65,000, for our School Based Clinic's Health Education Program running from October 1, 2020 through December 31, 2020.
2. Authorizes an agreement with Youthprise Foundation for the grant.
3. Passage of Resolution 2020R-281 approving appropriation of funds to the Health Department.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-281 By Fletcher
Amending The 2020 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 (01600-8600152 revenue code 372002) by $65,000 and increasing the revenue estimate (01600-8600152) by $65,000.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0775 The Minneapolis City Council hereby: 1. Accepts a grant from Hennepin County, in the amount of $5,000, for the Children's Mental Health Collaborative (CMHC) COVID-19 Provider Relief Fund.
2. Authorizes an agreement with Hennepin County for the grant.
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3. Passage of Resolution 2020R-282 approving appropriation of funds to the Health Department.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-282 By Fletcher
Amending The 2020 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 (01600-8600152 revenue code 322002) by $5,000 and increasing the revenue estimate (01600-8600152) by $5,000.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0776 The Minneapolis City Council hereby: 1. Accepts a grant from the Minnesota Department of Health, in the amount of $90,516, to implement the Safer Sex Intervention (SSI) project.
2. Authorizes an agreement with the Minnesota Department of Health for the grant.
3. Passage of Resolution 2020R-283 approving appropriation of funds to the Health Department.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
The following is the complete text of the unpublished summarized resolution.
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RESOLUTION 2020R-283 By Fletcher
Amending The 2020 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 (01600-8600152 revenue code 321507) by $90,516 and increasing the revenue estimate (01600-8600152) by $90,516.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
On behalf of the Public Health & Safety Committee, Cunningham offered Resolution 2020R-284 authorizing funding to support the City’s community safety engagement efforts and amending the 2020 General Appropriation Resolution, including an amendment to delete the position title “Community & Interagency Engagement Manager” and insert in lieu thereof “Interagency Coordinator (Health and Public Safety), or a title deemed appropriate by Human Resources.”
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-284 By Cunningham and Fletcher
Authorizing funding to support the City’s community safety engagement efforts and amending the 2020 General Appropriation Resolution.
Whereas, Resolution 2020R-122 related to an employment hiring freeze was adopted by the City Council at its regular meeting on May 1, 2020, approved by Mayor Frey, and legally published on May 6, 2020; and
Whereas, Resolution 2020R-122 approved an employment hiring freeze as a means of addressing the budgetary shortfalls projected by the Finance & Property Services Department affecting City Funds for Fiscal Years 2020 and 2021; and
Whereas, Resolution 2020R-200 was adopted by the City Council at its regular meeting on July 24, 2020, approved by Mayor Frey, and legally published on August 1, 2020; and
Whereas, Resolution 2020R-200 extended that hiring freeze until December 31, 2020; and
Whereas, the Mayor has proposed in the 2021 budget a new position titled Community & Interagency Engagement Manager Interagency Coordinator (Health and Public Safety), or a title deemed appropriate by Human Resources with an annual budget of $150,000 and has recommended $100,000 of ongoing
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Whereas, the Communications Department requires additional resources to support communications around the Office of Violence Prevention and around support for engagement activities for the reimagining public safety and public safety reform work; and
Whereas, the critical nature of the role of violence prevention and public safety generally requires certain City processes be streamlined to facilitate this work;
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
Section 1. That subject to all other laws, ordinances, and budgetary limitations, the following do not apply to any effort by the Health Department to obtain professional services and/or hire additional employees for its community safety engagement efforts in the fiscal years 2020 and 2021, nor do these apply to any effort by the City Coordinator Department including Neighborhood and Community Relations, Communications, and the City Coordinator’s Office to obtain professional services and/or hire additional employees for work directly related to these community safety engagement efforts in the fiscal years 2020 and 2021:
1. The hiring freeze imposed by Resolution No. 2020R-122, as amended, and its implementing policies and procedures;
2. The implementing policies and procedures of the Target Market Program authorized in Chapter 18A of the Minneapolis Code of Ordinances;
3. The City’s policies and procedures for review and approval of requests for proposal (RFP) and RFP waiver requests by the Permanent Review Committee; and
4. At the discretion of the City’s Procurement Director, any limitations imposed by City policy or procedure on the use of master contracts and cooperative purchasing venture contracts.
Section 2. The Health Department is authorized to create the position of Community & Interagency Engagement Manager Interagency Coordinator (Health and Public Safety), or a title deemed appropriate by Human Resources in 2020. Additionally, the Communications Department is authorized to establish and hire a temporary employee in the position of media relations coordinator in 2020.
Section 3. The 2020 General Appropriation Resolution, as amended, is hereby further amended as follows:
1. Increasing the appropriation for the Health Department, Office of Violence Prevention (00100- 8600160) by $85,000 to support personnel costs associated with the above titled position, and for contracting in 2020 to support engagement work;
2. Increasing the appropriation for the Communications Department (00100-8420100) by $25,000 to support personnel costs associated with the above titled position; and
3. Decreasing the appropriation for the General Fund Contingency (00100-1750100) by $110,000.
On roll call, the result was:
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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted, as amended.
The TRANSPORTATION & PUBLIC WORKS Committee submitted the following report: On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2020R-285 adopting the assessments, levying the assessments, and adopting the assessment rolls for water and sewer service line repairs or replacements on the lists of properties as on file with the City Engineer’s Special Assessment Office.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-285 By Reich
Adopting the assessments, levying the assessments, and adopting the assessment rolls for water and sewer service line repairs or replacements on the lists of properties as on file with the City Engineer’s Special Assessment Office.
Whereas, a public hearing was held on October 7, 2020, in accordance with Minneapolis Code of Ordinances, Section 509.465, to consider the proposed assessments as shown on the proposed assessment rolls on file in the City Engineer’s Special Assessment Office and to consider all written and oral objections and statements regarding this matter;
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
That the proposed assessments against the affected properties on the Water Service Line Repair List, dated September 22, 2020, in the total amount of $929,670, as shown on the proposed assessment roll on file in the City Engineer’s Special Assessment Office, is hereby adopted and levied.
Be It Further Resolved that the proposed assessments against the affected properties on the Sewer Service Line Repair List, dated September 22, 2020, in the total amount of $305,672.32, as shown on the proposed assessment roll on file in the City Engineer’s Special Assessment Office, is hereby adopted and levied.
Be It Further Resolved that the water service line assessments in the following list be collected in ten (10) successive equal annual principal installments beginning on the 2021 real estate tax statements, with interest charged at the rate of 3.8%:
Assessment PID $16,050 01-029-24-22-0150 $14,550 02-028-24-44-0072 $17,550 08-028-24-42-0092 $6,550 13-028-24-41-0065 $6,850 14-028-24-12-0012 $9,300 17-028-24-41-0139 $7,950 19-029-23-22-0015 $6,950 19-029-23-23-0015 $12,050 14-028-24-32-0052 Total $97,800
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Be It Further Resolved that the sewer service line assessments in the following list be collected in ten (10) successive equal annual principal installments beginning on the 2021 real estate tax statements, with interest charged at the rate of 3.8%:
Assessment PID $5,550 17-028-24-41-0139 $15,350 28-029-24-23-0025 $4,579 28-029-24-23-0025 Total $25,479
Be It Further Resolved that all other assessments be collected in five (5) successive equal annual principal installments beginning on the 2021 real estate tax statements, with interest charged at the rate of 3.7%.
Be It Further Resolved that the assessment rolls as prepared by the Department of Public Works be and hereby are adopted and that certified copies of said assessment rolls be transmitted to the Hennepin County Auditor.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2020R-286 approving the 2021 Operating Plan and Budgets, special services, cost estimates, service charges, and the lists of service charges for 2021 in the 48th Street East and Chicago Avenue South (48th & Chicago), Central Avenue, Dinkytown, Eat Street, Linden Hills, Lowry Hill, Stadium Village, and Uptown Special Service Districts and directing the Department of Public Works to proceed with the work.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-286 By Reich
Approving the 2021 Operating Plan and Budgets, special services, cost estimates, service charges, and the lists of service charges for 2021 in the 48th Street East and Chicago Avenue South (48th & Chicago), Central Avenue, Dinkytown, Eat Street, Linden Hills, Lowry Hill, Stadium Village, and Uptown Special Service Districts and directing the Department of Public Works to proceed with the work.
Whereas, a public hearing was held on October 7, 2020, in accordance with Laws of Minnesota, 1985, Chapter 302; Laws of Minnesota, 1993, Chapter 375, Article 5, Sections 35 through 38; Laws of Minnesota, 1995, Chapter 264, Article 3, Section 28; Laws of Minnesota, 1996, Chapter 471, Article 8, Section 44; and Minneapolis Code of Ordinances, Chapters 438, 444, 446, 448, 450, 452, 454, and 457 to consider the proposed special services, the proposed service charges, and the proposed lists of service charges as on file in the Department of Public Works Special Assessment Office and to consider all written and oral objections and statements regarding this matter;
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
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That the 2021 Operating Plan and Budgets for the 48th Street East and Chicago Avenue South (48th & Chicago), Central Avenue, Dinkytown, Eat Street, Linden Hills, Lowry Hill, Stadium Village, and Uptown Special Service Districts be and hereby are approved.
Be It Further Resolved that the proposed special services, the proposed cost estimate in the total amount of $20,500 for 2021, the proposed service charges, and the proposed list of service charges for 2021 in the total amount of $20,500 (amount remaining after adjusting the cost estimate of $20,500 for previous years’ unexpended balances and additional costs) as provided for in Minneapolis Code of Ordinances, Section 457.70, as prepared by the Department of Public Works and on file in the Special Assessment Office be and hereby are approved for the 48th Street East and Chicago Avenue South (48th & Chicago) Special Service District.
Be It Further Resolved that the proposed special services, the proposed cost estimate in the total amount of $125,500 for 2021, the proposed service charges, and the proposed list of service charges for 2021 in the total amount of $125,500 (amount remaining after adjusting the cost estimate of $125,500 for previous years' unexpended balances and additional costs) as provided for in Minneapolis Code of Ordinances, Section 446.70, as prepared by the Department of Public Works and on file in the Special Assessment Office be and hereby are approved for the Central Avenue Special Service District.
Be It Further Resolved that the proposed special services, the proposed cost estimate in the total amount of $196,000 for 2021, the proposed service charges, and the proposed list of service charges for 2021 in the total amount of $208,095 (amount remaining after adjusting the cost estimate of $196,000 for previous years' unexpended balances and additional costs) as provided for in Minneapolis Code of Ordinances, Section 444.70, as prepared by the Department of Public Works and on file in the Special Assessment Office be and hereby are approved for the Dinkytown Special Service District.
Be It Further Resolved that the proposed special services, the proposed cost estimate in the total amount of $215,000 for 2021, the proposed service charges, and the proposed list of service charges for 2021 in the total amount of $217,247 (amount remaining after adjusting the cost estimate of $215,000 for previous years' unexpended balances and additional costs) as provided for in Minneapolis Code of Ordinances, Section 448.70, as prepared by the Department of Public Works and on file in the Special Assessment Office be and hereby are approved for the Eat Street Special Service District.
Be It Further Resolved that the proposed special services, the proposed cost estimate in the total amount of $20,400 for 2021, the proposed service charges, and the proposed list of service charges for 2021 in the total amount of $20,400 (amount remaining after adjusting the cost estimate of $20,400 for previous years’ unexpended balances and additional costs) as provided for in Minneapolis Code of Ordinances, Section 452.70, as prepared by the Department of Public Works and on file in the Special Assessment Office be and hereby are approved for the Linden Hills Special Service District.
Be It Further Resolved that the proposed special services, the proposed cost estimate in the total amount of $142,500 for 2021, the proposed service charges, and the proposed list of service charges for 2021 in the total amount of $142,500 (amount remaining after adjusting the cost estimate of $142,500 for previous years’ unexpended balances and additional costs) as provided for in Minneapolis Code of Ordinances, Section 454.70, as prepared by the Department of Public Works and on file in the Special Assessment Office be and hereby are approved for the Lowry Hill Special Service District.
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Be It Further Resolved that the proposed special services, the proposed cost estimate in the total amount of $190,000 for 2021, the proposed service charges, and the proposed list of service charges for 2021 in the total amount of $190,000 (amount remaining after adjusting the cost estimate of $190,000 for previous years' unexpended balances and additional costs) as provided for in Minneapolis Code of Ordinances, Section 450.70, as prepared by the Department of Public Works and on file in the Special Assessment Office be and hereby are approved for the Stadium Village Special Service District.
Be It Further Resolved that the proposed special services, the proposed cost estimate in the total amount of $357,000 for 2021, the proposed service charges, and the proposed list of service charges for 2021 in the total amount of $357,000 (amount remaining after adjusting the cost estimate of $357,000 for previous years' unexpended balances and additional costs) as provided for in Minneapolis Code of Ordinances, Section 438.70, as prepared by the Department of Public Works and on file in the Special Assessment Office be and hereby are approved for the Uptown Special Service District.
Be It Further Resolved that the Department of Public Works is hereby directed to proceed with the work.
Be It Further Resolved that the service charges be collected in one (1) installment on the 2021 real estate tax statements in the same manner as special assessments without interest charges and that certified copies of said lists of service charges be transmitted to the Hennepin County Auditor.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted. Approved by Mayor Jacob Frey 10/19/2020. (Published 10/20/2020)
On behalf of the Policy & Government Oversight Committee, Reich offered Ordinance 2020-056 amending Title 11, Chapter 225 of the Minneapolis Code of Ordinances relating to Health and Sanitation: Garbage and Refuse, amending definitions to align with state statute.
The following is the complete text of the unpublished summarized ordinance.
ORDINANCE 2020-056 By Reich Intro & 1st Reading: 9/18/2020 Ref to: TPW 2nd Reading: 10/16/2020
Amending Title 11, Chapter 225 of the Minneapolis Code of Ordinances relating to Health and Sanitation: Garbage and Refuse.
The City Council of the City of Minneapolis do ordain as follows:
Section 1. That Section 225.05 of the above-entitled ordinance be amended to read as follows:
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225.05. Definitions. As used in this chapter:
Building debris shall include, but not be limited to, wood, metal, concrete, earth, stone, sand, brick, and plaster, asphalt, and roofing materials.
City shall mean the City of Minneapolis.
Commercial/industrial district shall mean the district designated by the city zoning code as a B2, B2S, B3, B3S, B3C, B4, B4S, B4C, M1, M2, M3 or RC district.
Construction debris, as defined in Minnesota Statutes Section 115A.03, shall include waste building materials, packaging and rubble resulting from construction, remodeling, repair, and demolition of buildings and roads. As used in this chapter, the term “building debris” shall mean construction debris.
Dwelling unit shall mean any habitable room located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating, except that in the case of a rooming house, as defined in section 244.40 of this Code of Ordinances, a rooming unit shall constitute one-fourth dwelling unit.
Garbage shall mean and include the refuse animal and vegetable matter from kitchens, pantries, dining rooms or other parts of hotels, restaurants, boardinghouses, tenement houses, dwelling houses, public institutions and market houses and private hospitals; the refuse animal matter from butcher shops; the refuse fruit and vegetables from stores and commission houses; the refuse animal and vegetable matter from grocery stores, fish stores and poultry stores; and all refuse accumulation containing animal or vegetable matter that attends the preparation, use, cooking or storing of meat, fish, fowl, food, fruit or vegetables, and shall include such paper, sacks or other material used as a container for the garbage or for wrapping garbage.
Hazardous waste, as defined in Minnesota Statutes Section 116.06, means any refuse, sludge, or other waste material or combinations of refuse, sludge or other waste materials in solid, semisolid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.
Household battery shall mean and include disposable or rechargeable dry cells commonly used as power sources for household or consumer products including, but not limited to, nickel-cadmium, alkaline, mercuric, oxide, silver oxide, zinc oxide, lithium and carbon zinc batteries, but excluding lead acid batteries.
Liquid waste hauler shall mean a licensed industrial hauler who collects and transports liquid waste for the purpose of discharge into designated public sewers.
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Mixed municipal solid waste, as defined in Minn. Statute Section 115A.03, means garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams. As used in this chapter, the term “solid waste” shall mean mixed municipal solid waste.
Occupant shall mean any person in actual occupancy of a premises.
Operator shall mean any person who has charge, care or control of a building, in which dwelling units, or rooming units are let.
Owner shall mean a legal or equitable owner of record who has a right of entry to the premises and a right to participate in controlling the building.
Recyclable materials are such materials as may be from time to time designated by the city engineer to be separated from refuse for the purpose of recycling, as defined in Minnesota Statutes Section 115A.03, means materials that are separated from mixed municipal solid waste for the purpose of recycling or composting, including paper, glass, plastics, metals, automobile oil, batteries, source- separated compostable materials, and sole source food waste streams that are managed through biodegradative processes. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material.
Recycling means the process of preparing, collecting, and reusing recyclable materials as raw materials in manufacturing processes, as defined in Minnesota Statutes Section 115A.03, means the process of preparing and collecting recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use.
Refuse shall mean any combustible material including, but not limited to, trash, rubbish, garbage, paper, and debris of all kinds.
Rubbish shall include, but not be limited to, combustible or non-combustible waste materials, such as ashes, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, scrap metal, mineral matter, crockery, and discarded appliances.
Solid waste shall mean any one (1) or all of the following: building debris, garbage, litter, rubbish, refuse, or any foul or unhealthy stuff or material; provided that solid waste shall not include human excreta, sewage or other water-carried waste, yard waste, or other similar substances, nor shall it include toxic or hazardous waste.
Source separate compostable materials, as defined in Minnesota Statutes Section 115A.03, means materials that:
(1) Are separated at the source by waste generators for the purpose of preparing them for use as compost;
(2) Are collected separately from mixed municipal solid waste and are governed by the licensing provisions of Minnesota Statutes Section 115A.93;
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(3) Are comprised of food wastes, fish and animal waste, plant materials, diapers, sanitary products, and paper that is not recyclable because the commissioner has determined that no other person is willing to accept the paper for recycling;
(4) Are delivered to a facility to undergo controlled microbial degradation to yield a humus-like product meeting the agency's class I or class II, or equivalent, compost standards and where process rejects do not exceed fifteen percent (15%) by weight of the total material delivered to the facility; and
(5) May be delivered to a transfer station, mixed municipal solid waste processing facility, or recycling facility only for the purposes of composting or transfer to a composting facility, unless the commissioner determines that no other person is willing to accept the materials.
Townhouse shall mean a building or structure which contains two (2) or more one (1) family dwelling units erected as part of a single building with the majority of the units within such building or structure having each of the following characteristics:
(a 1) Having as its principal entrance a door which opens to the outdoors;
(b 2) Having open space on at least two (2) sides of the unit; and
(c 3) Fee simple ownership of the individual dwelling area plus adjoining property, if any, as a separate property description.
A townhouse, for the purposes of this chapter, specifically includes buildings or structures that contain units that have common ownership of joint use areas whether inside or outside and/or parking facilities in addition to individual ownership of actual dwelling areas and includes buildings or structures that meet the foregoing requirements but are part of an association agreement or planned unit development.
Toxic or hazardous waste shall mean materials including, but not limited to, pesticides, acids, caustics, pathological waste, radioactive waste, flammable or explosive materials, and similar chemicals and harmful waste which require special handling. It shall also include all substances which are defined as hazardous waste pursuant to the Minnesota Environmental Response and Liability Act (Minnesota Statutes, Chapter 115B) and its successors, and all substances defined as hazardous waste in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and its successors.
Yard waste shall mean grass clippings, leaves, brush, or discarded vegetation including, but not limited to, acorns, apples, bark, garden plants, hay, pine cones, pine needles, straw, tomatoes, twigs, and weeds, as defined in Minnesota Statutes Section 115A.03, means garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings.
On roll call, the result was:
Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
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COUNCIL ACTION 2020A-0777 The Minneapolis City Council hereby authorizes an agreement with Canadian Pacific Railway for a Utility Occupancy License to construct part of a new trunk storm sewer in the northern part of Columbia Golf Course and Park.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted. Approved by Mayor Jacob Frey 10/19/2020. (Published 10/20/2020)
COUNCIL ACTION 2020A-0778 The Minneapolis City Council hereby authorizes a one year extension to Contract No. COM0002870 with Hennepin County, through December 31, 2021, for the residential recycling grant.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0779 The Minneapolis City Council hereby authorizes an increase to Contract No. COM0002369 with Thomas and Sons, Inc., in the amount of $47,808.43 for a total amount not to exceed $363,548.73, for Change Order No. 1 for the Hennepin Ave Water Main Construction Project.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2020R-287 authorizing Public Works to apply for and host an AmeriCorps member through the Minnesota Pollution Control Agency’s (MPCA) GreenCorps Program for the 2020-2021 program year.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-287 By Reich
Authorizing Public Works to apply for and host an AmeriCorps member through the Minnesota Pollution Control Agency’s (MPCA) GreenCorps Program for the 2020-2021 program year.
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Whereas, the City of Minneapolis supports statewide efforts to provide opportunity to preserve and protect Minnesota’s environment while training a new generation of environmental professionals; and
Whereas, the City of Minneapolis has benefited from past opportunities to host a Minnesota GreenCorps member to help advance city goals and priorities; and
Whereas, the City of Minneapolis supports efforts to work toward improving water quality and providing education and community engagement around water resource protection; and
Whereas, the City of Minneapolis Public Works Division of Surface Water and Sewer has applied to host an AmeriCorps member from the Minnesota GreenCorps Program of the Minnesota Pollution Control Agency (MPCA) for the 2020-2021 program year, and
Whereas, if the MPCA selects the City of Minneapolis, the organization is committed to implementing the proposed project as described in the host site application; and
Whereas, the MPCA requires the City of Minneapolis to enter into a host site agreement with the MPCA that identifies the terms, conditions, roles, and responsibilities;
Now, Therefore Be It Resolved by The City Council of The City of Minneapolis:
That Public Works is hereby fully authorized to submit an application to the Minnesota Pollution Control Agency and host a GreenCorps member for the 2020-2021 program year and enter into a host site agreement.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0780 The Minneapolis City Council hereby: 1. Accepts a grant from the National Association of City Transportation Officials (NACTO), in the amount of $15,000, to support Bus Lane Project implementation in conjunction with Bloomberg American Cities Climate Challenge (ACCC). 2. Authorizes an agreement with the National Association of City Transportation Officials for the grant. 3. Passage of Resolution 2020R-288 approving appropriation of funds to the Public Works Department.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
The following is the complete text of the unpublished summarized resolution.
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RESOLUTION 2020R-288 By Fletcher
Amending The 2020 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 Traffic and Parking Services Grant Fund (01600-6850550) by $15,000, and increasing the revenue estimate (01600-6850550) by $15,000.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2020R-289 designating the location and improvements proposed to be made in the Johnson St NE (Lowry Ave NE to 18th Ave NE) Street Reconstruction Project, Special Improvement of Existing Street No. 2326 (PV156).
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-289 By Reich
Designating the location and improvements proposed to be made in the Johnson St NE (Lowry Ave NE to 18th Ave NE) Street Reconstruction Project, Special Improvement of Existing Street No. 2326 (PV156).
Resolved by The City Council of The City of Minneapolis:
That the following existing street within the City of Minneapolis is hereby designated to be improved, pursuant to the provisions of Minneapolis City Charter, Article IX, Section 9.6(c), by full removal of the existing road, sidewalk, new pavement, new curb and gutter, utility improvements, trees, new signage, and new pavement markings:
Johnson St NE, from Lowry Ave NE to 18th Ave NE.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
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COUNCIL ACTION 2020A-0781 The Minneapolis City Council hereby adopts a report receiving a cost estimate of $6,015,000 for street reconstruction improvements and a list of benefited properties for the Johnson St NE (Lowry Ave NE to 18th Ave NE) Street Reconstruction Project No. 2326 (PV156), as designated by Resolution 2020R-289, passed October 16, 2020, and directs that the City Engineer prepare a proposed Street Reconstruction Special Improvement Assessment against the list of benefited properties by applying the 2021 Uniform Assessment Rates.
Further, a public hearing is scheduled for November 18, 2020, in accordance with Minneapolis City Charter, Article IX, Section 9.6(c), and Minneapolis Code of Ordinances, Section 24.110, to consider approving the reconstruction of the above-designated street location, the abandonment and removal of areaways in conflict with the project, and to consider the amount proposed to be assessed to each benefited property and the amount to be funded by the City.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0782 The Minneapolis City Council hereby accepts the second low bid of Geislinger and Sons, Inc., submitted on Event No. 1194 in the amount of $4,348,506.70, to furnish and deliver all labor, materials, and incidentals necessary for the Irving Ave Sanitary Sewer 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, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
COUNCIL ACTION 2020A-0783 The Minneapolis City Council hereby accepts the low bid of US Site Work, Inc., summitted on Event No. 1210 in the amount of $2,774,500, to furnish and deliver all labor, supervision, equipment, materials, and incidentals necessary to perform the hauling of dirt, snow, and asphalt millings for the City of Minneapolis Public Works Department, and authorizes a contract for the service, all in accordance with City specifications.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
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REPORTS OF SPECIAL COMMITTEES
The EXECUTIVE Committee submitted the following report: Jenkins moved to refer to the Policy & Government Oversight Committee meeting of October 28, 2020, a collective bargaining agreement with IBEW Electricians for the period May 1, 2018, through April 30, 2020, consistent with the terms of the Executive Summary.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
INTRODUCTION & REFERRAL CALENDAR Fletcher moved to amend the prior introduction of the subject matter of an ordinance amending Title 2, Chapter 41 of the Minneapolis Code of Ordinances relating to Administration: Information Governance, given at the regular meeting of the City Council on Friday, July 17, 2020, by reorganizing Chapter 41 into articles to incorporate the previously introduced Section 41.40 entitled “Funding, Acquisition and Deployment of Military and Surveillance Equipment; and to refer the matter to the Public Health & Safety Committee.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
Pursuant to notice, Fletcher moved to introduce the subject matter of an ordinance amending Title 2, Chapter 41 of the Minneapolis Code of Ordinances relating to Administration: Information Governance, which was given its first reading and referred to the Public Health & Safety Committee, adding a new article entitled “Facial Recognition Technology.”
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
Schroeder, Gordon, and Reich moved to introduce the subject matter of an ordinance amending Title 20 of the Minneapolis Code of Ordinances relating to Zoning Code, which was given its first reading and referred to the Business, Inspections, Housing & Zoning Committee, adding a new Chapter 552 entitled “Built Form Overlay Districts,” adopting regulations implementing the built form policies of Minneapolis 2040, including establishing new zoning districts and amending the citywide zoning map accordingly.
On roll call, the result was:
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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (13) Noes: (0) Absent: (0) Adopted.
RESOLUTIONS
Bender moved to adopt Resolution 2020R-290 recognizing October as Breast Cancer Awareness Month and October 16th as Metastatic Breast Awareness Day.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-290 By Bender, Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Schroeder, Johnson, and Palmisano
Recognizing October as Breast Cancer Awareness Month and October 16th as Metastatic Breast Awareness day.
Whereas, there are more than 3.5 million women in the United States living with a history of invasive breast cancer; and
Whereas, this year 4,700 women in Minnesota are expected to be diagnosed with breast cancer and 640 to die from the disease; and
Whereas, breast cancer ranks second as a cause of cancer death in women; and
Whereas, breast cancer screening has been found to reduce breast cancer mortality and when breast cancers are detected at an early stage, survival is 99%; and
Whereas, since 2015, approximately 72% of Minnesota women ages 40+ had received a mammogram in the previous two years; and
Whereas, only 30% of uninsured women in Minnesota received a recent mammogram in 2015; and
Whereas, the uninsured, underinsured, and underserved are least likely to get screening for breast cancer, which means they are more likely to be diagnosed at a late stage when chances of survival drop to 24%; and
Whereas, in Minnesota, non-Hispanic white women are at the greatest risk of being diagnosed with breast cancer, but African American women are at the greatest risk of dying of breast cancer; and
Whereas, women ages 15 - 54 die more frequently from breast cancer than any other cancer and African American women under the age of 35 die from breast cancer at three times the rate of white women; and
Whereas, the federal government has invested more than $1.8 billion in breast cancer research since 2010 leading to the discovery of life-extending drugs; and
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Whereas, there is no cure for breast cancer;
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
That the Mayor and City Council do hereby declare October 16, 2020, as Metastatic Breast Cancer Awareness Day and October 2020 to be “Breast Cancer Awareness Month” in the City of Minneapolis.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (12) Noes: (0) Absent: Cunningham (1) Adopted.
Ellison moved to adopt Resolution 2020R-291 honoring and recognizing the history, lived experience, and legacy of North Minneapolis residents along the Penn-Plymouth Corridor.
The following is the complete text of the unpublished summarized resolution.
RESOLUTION 2020R-291 By Ellison, Reich, Gordon, Fletcher, Cunningham, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, and Palmisano
Honoring and recognizing the history, lived experience, and legacy of North Minneapolis residents along the Penn-Plymouth Corridor.
Whereas, North Minneapolis has historically been the site of legendary creativity, a working-class work ethic, and the home to the city’s Black community; and
Whereas, North Minneapolis has also been the target of steep disinvestment and structural racism in the form of police brutality, redlining, a lack of employment opportunities, and a lack of youth opportunities; and
Whereas, the Plymouth Avenue Uprising of 1967 was a reaction to those inequities and demonstrated a refusal to accept them; and
Whereas, community assets like The Way community center that were established to elevate needs were demolished to make room for the current 4th Police Precinct, and access to the Mississippi River was impeded by the construction of Highway I-94; and
Whereas, the killing of residents such as Jamar Clark and George Floyd by police caused unrest mirroring the Plymouth Avenue Uprising of 1967, and, again, serves as a reminder that the last 50 years have not triggered an undoing of harm to Black communities in Minneapolis; and
Whereas, the Division of Race and Equity's ReCAST program has three main goals: 1. To increase trust and understanding between community residents and City staff 2. To provide opportunities for healing and capacity building for community residents and City staff
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3. To create opportunities for community residents and City staff to engage in shared decision-making; and
Whereas, the Northside Oral History Project serves to honor the history of North Minneapolis as well as pursue the goals of The Division of Race and Equity’s ReCAST program that were crafted by the ReCAST Minneapolis Advisory Team consisting of staff and community representatives; and
Whereas, artists and storytellers such as 4000 More Creative, Insight News, Juxtaposition Arts, Franklin Middle School, Charles Caldwell, Tene Wells, and Bully Creative collaborated with Northside institutions such as; Masjid An Nur, Liberty Community Church, Oak Park/Pillsbury, and Northside Residents Redevelopment Council to collect 90 stories of elders and longstanding community members that were then turned into art projects representing the community’s narratives of resistance, perseverance, and triumph; and
Whereas, oral storytelling is a long time Black American tradition, honed and perfected by the griots of West Africa, surviving the Middle Passage, and being passed down through the generations; and
Whereas, the artists, storytellers, and institutional partners involved in this project have a deep understanding of this tradition and its meaning to the Black community;
Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:
That the Mayor and City Council do hereby both honor and recognize this history of North Minneapolis residents in the Penn-Plymouth Corridor.
Be it Further Resolved that the Mayor and City Council recognize that honoring these stories provides us with a viable path forward to bring sustainable change to North Minneapolis, putting an end to the harm that has been made characteristic of this community over the last century, and investing in the community in a way that benefits residents that currently live here.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (12) Noes: (0) Absent: Cunningham (1) Adopted.
UNFINISHED BUSINESS
Gordon moved to postpone to the City Council meeting of October 30, 2020, the following proposed ordinance amending Title 13 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations, adding a new Chapter 353 entitled “Commercial Property Sale” to require the advanced notice of sale of commercial property:
CHAPTER 353. – COMMERCIAL PROPERTY SALE
353.10. - Definitions. The following words and phrases used in this article shall have the meanings set forth below:
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Available for sale means the earliest implementation of any of the following actions, including, but not limited to:
(1) Negotiating to enter into a purchase agreement that includes the commercial property;
(2) Advertising the sale of the commercial property;
(3) Entering into a listing agreement to sell the commercial property; or
(4) Posting a sign that the commercial property is for sale.
Cause means the tenant materially violated a term of the lease.
Commercial property means any parcel, tract, or area of land located in whole or in part within one or more of the following zoning districts, as set forth on the official zoning map:
(1) C1 Neighborhood Commercial District;
(2) C2 Neighborhood Corridor Commercial District;
(3) C3A Community Activity Center District;
(4) C3S Community Shopping Center District;
(5) C4 General Commercial District;
(6) I1 Light Industrial District;
(7) I2 Medium Industrial District; and
(8) I3 General Industrial District.
Transfer of ownership means any conveyance of title to a commercial property, whether legal or equitable, voluntary or involuntary, resulting in a transfer of control of the commercial property, effective as of the earlier of the date of delivery of the instrument of conveyance or the date the new owner takes possession.
353.20. - Notice of proposed sale. (a) Any owner or representative of the owner who intends to make available for sale any commercial property shall notify the director of the department of community planning and economic development. The notice shall be on a form or in a format prescribed by the city stating the owner's intent to make available for sale the commercial property and which may include, at the city's sole discretion, some or all of the following information:
(1) Owner's name, phone number, e-mail address, and mailing address;
(2) Address of the commercial property that will be made available for sale; and
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(3) Name, phone number, e-mail address, and mailing address of all businesses operated from the commercial property.
The notice shall be mailed, e-mailed, or hand delivered to the director of the department of community planning and economic development at the address provided on the form and shall be mailed, e-mailed, or hand delivered to any tenants of the commercial property at the addresses provided by the tenants no later than sixty (60) days prior to the commercial property being made available for sale.
(b) This section shall not apply to the sale or transfer of title of a commercial property through a 1031 exchange.
353.30. - Notice of sale. When a transfer of ownership occurs, the new owner shall, within thirty (30) days, deliver to each tenant of the commercial property and to the director of regulatory services a written notice containing all of the following information:
(1) That the property is under new ownership.
(2) Name, phone number, e-mail address, and mailing address of the new owner.
(3) Whether the new owner intends to increase rent, require existing tenants to be rescreened, or terminate or not renew lease agreements without cause.
353.40. - Annual report. Beginning in 2020, the department of community planning and economic development shall submit to the city council a report on the status of this chapter.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (12) Noes: (0) Absent: Cunningham (1) Adopted. CLOSED SESSION
City Attorney Jim Rowader stated that the meeting may, upon a proper motion, be closed under the Minnesota Open Meeting Law for the purpose of discussing attorney-client communications and litigation strategies; and emergency response procedures and systems for public services, infrastructure and facilities.
At 10:28 a.m., Bender moved to adjourn to a closed session, pursuant to Minnesota Statutes Section 13D.05, Subdivision 3(b) for the purpose of discussing the litigation matter of Brynteson v. City of Minneapolis Fire Department; and Section 13D.05, Subdivision 3(d) for the purpose of receiving a security briefing related to polling places for the 2020 Presidential Election.
On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (12) Noes: (0) Absent: Cunningham (1) Adopted.
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At 10:35 a.m., Council President Bender called the closed session to order, a quorum being present.
Present – Council Members Kevin Reich, Cam Gordon (In at 10:51 a.m.), Steve Fletcher, Phillipe Cunningham, Jeremiah Ellison, Jamal Osman, Lisa Goodman, Andrea Jenkins, Alondra Cano, Lisa Bender, Jeremy Schroeder, Andrew Johnson, Linea Palmisano.
Bender moved to suspend City Council Rule III, Section 4(B)(3) to allow the Mayor’s Policy Director to attend the closed session in lieu of the Mayor’s Chief of staff.
On roll call, the result was: Ayes: Reich, Fletcher, Ellison, Cunningham, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (12) Noes: (0) Absent: Gordon (1) Adopted.
Also Present – Mayor Jacob Frey; City Coordinator Mark Ruff; City Attorney Jim Rowader and Assistant City Attorney Erik Nilsson, City Attorney’s Office; Jeff Lindquist (Out at 11:24 a.m.), outside counsel; Heidi Ritchie, Mayor’s Policy Director; Police Chief Medaria Arradondo; Director Greta Bergstrom, Communications Department; Director Barret Lane, Office of Emergency Management; Finance Officer Dushani Dye (Out at 11:24 a.m.), Deputy Finance Officer Lori Johnson (Out at 11:24 a.m.), and Risk Manager Emily Colby (Out at 11:24 a.m.), Finance & Property Services Department; Director Kathy Hughes (In at 11:31 a.m.), 911; Casey Joe Carl, City Clerk; and Ted Arbeiter, City Clerk’s Office.
Lori Johnson, Emily Colby, and Jeff Lindquist summarized the Brynteson v. City of Minneapolis Fire Department lawsuit from 10:40 a.m. to 11:24 a.m.
Casey Carl, Mark Ruff, Jim Rowader, and Medaria Arradondo provided a security briefing related to polling places for the 2020 Presidential Election from 11:25 a.m. to 11:51 a.m.
The closed session of the City Council meeting was recorded with the recording on file in the Office of the City Clerk.
At 11:54 a.m., the meeting was reconvened in open session.
Present – Council Members Kevin Reich, Cam Gordon, Steve Fletcher, Phillipe Cunningham, Jeremiah Ellison, Jamal Osman, Lisa Goodman, Andrea Jenkins, Lisa Bender, Jeremy Schroeder, Andrew Johnson, Linea Palmisano. Absent – Council Member Alondra Cano
COUNCIL ACTION 2020A-0784 Bender moved to approve settlement in the litigation matter of Brynteson v. City of Minneapolis Fire Department by payment in an amount up to $500,000; and authorizing the City Attorney's Office to execute any document necessary to effectuate the settlement.
On roll call, the result was:
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Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Bender, Schroeder, Johnson, Palmisano (12) Noes: (0) Absent: Cano (1) Adopted.
ADJOURNMENT
The meeting was adjourned at 11:57 a.m.
Casey Joe Carl, City Clerk
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