City Council Proceedings August 6, 2021

OFFICIAL PROCEEDINGS MINNEAPOLIS CITY COUNCIL

REGULAR MEETING OF AUGUST 6, 2021

(Published August 14, 2021, 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, Linea Palmisano. Absent - Council Member Andrew Johnson.

Bender moved to adopt the agenda, including the following amendments under the Order of Resolutions, Closed Session, and Notice of Ordinance Introductions, respectively:

1. A resolution honoring Mark Ruff for his service and dedication to the City of Minneapolis. 2. The legal matter of Cathy Spann, et al. v. The City of Minneapolis and Mayor Jacob Frey. 3. A notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 13 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations, adding a new Chapter 353 entitled Third Party Delivery Services to add regulations related to fees charged to affiliated businesses.

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

Jenkins moved to accept the minutes of the regular meeting of July 23, 2021.

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

678

City Council Proceedings – August 6, 2021

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, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. The following actions, resolutions, and ordinances were signed by Mayor Jacob Frey on August 9, 2021. 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. REPORTS OF STANDING COMMITTEES The BUSINESS, INSPECTIONS, HOUSING & ZONING Committee submitted the following report: COUNCIL ACTION 2021A-0608 The Minneapolis City Council hereby: 1. Approves the application for O'Shaughnessy Distilling Co., 600 MALCOLM AVE SE Minneapolis, MN, submitted by O'Shaughnessy Distilling, LLC, BLDistill, LIC394258 for an On-Sale Liquor (Cocktail Room), Limited Entertainment w/ Sunday Sales License, subject to final inspection and compliance with all provisions of applicable codes and ordinances. 2. Approves the application for O'Shaughnessy Distilling Co., 600 MALCOLM AVE SE Minneapolis, MN, submitted by O'Shaughnessy Distilling, LLC, BLDistill, LIC394256, for an Off-Sale Spirits License, subject to final inspection and compliance with all provisions of applicable codes and ordinances. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. Approved by Mayor Jacob Frey 8/6/2021. (Published 8/10/2021)

On behalf of the Business, Inspections, Housing & Zoning Committee, Goodman offered Resolution 2021R-220 authorizing the sale of the properties at 715-719 Lowry Ave NE (Disposition Parcel No. MH-300 and MH-301) to NE Development LLC or affiliated entity for $52,600, subject to conditions.

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

RESOLUTION 2021R-220 By Goodman Authorizing sale of land Disposition Parcels MH‐300 & MH‐301 under the Minneapolis Homes Program at 715‐719 Lowry Ave NE. Whereas, the City of Minneapolis, hereinafter known as the City, has received an offer to purchase and develop Disposition Parcels MH‐300 & MH‐301 from NE Development LLC or an affiliated entity, hereinafter known as the Redeveloper, the Parcels MH‐300 & MH‐301, being the following described land situated in the City of Minneapolis, County of Hennepin, State of Minnesota, to wit:

679

City Council Proceedings – August 6, 2021

Legal Description of Disposition Parcels MH‐300; 715 Lowry Ave NE: The rear or West 1/4 of Lots 12 and 13, Block 21, Menage’s Supplement to East Side Addition to Minneapolis; and MH‐301; 719 Lowry Ave NE: The East 1/2 of the West ½ of Lots 12 and 13, Block 21, Menage’s Supplement to East Side Addition to Minneapolis

Whereas, the Redeveloper has offered to pay the sum of $52,600 for Parcels MH‐300 & MH‐301; the offer includes a development plan and commitment to improve by rehabilitating the existing structure. This offer is in accordance with the Redevelopment Plan and/or Program; and

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

Whereas, the City has had the re‐use value reviewed by an appraisal expert, stating that the re‐use value opinion is consistent with accepted methods of aiding the City in determining a $52,600 re‐use value for the Parcel; and

Whereas, pursuant to due notice thereof published in Finance and Commerce on July 9, 2021, a public hearing on the proposed sale was duly held on July 27, 2021, at the Minneapolis City Hall, 350 5th St S, Room 317, in the City of Minneapolis, County of Hennepin, State of Minnesota;

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

That the re‐use value, for uses in accordance with the Redevelopment Plan and/or Program is hereby determined to be the sum of $52,600 for Parcels MH‐300 & MH‐301.

Be It Further Resolved that the proposal be and the same is hereby accepted, subject to the execution of a contract for the sale of land and further subject to the following conditions: 1) Land sale closing must occur on or before 360 days from the date this Resolution is approved by the City; and 2) Payment of holding costs of $1,000 per month if the land sale closing does not occur on or before the closing deadline. The City is in the process of clearing title and closing will take place after title is cleared.

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

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

680

City Council Proceedings – August 6, 2021

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

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

On behalf of the Business, Inspections, Housing & Zoning Committee, Goodman offered Resolution 2021R-221 authorizing the sale of the property at 3707 Fremont Ave N (Disposition Parcel No. MH-304) to Good Neighbor Homes LLC or affiliated entity for $11,200, subject to conditions. The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2021R-221 By Goodman

Authorizing sale of land Disposition Parcel MH-304 under the Minneapolis Homes Program at 3707 Fremont Ave N.

Whereas, the City of Minneapolis, hereinafter known as the City, has received an offer to purchase and develop Disposition Parcel MH-304 from Good Neighbor Homes LLC or an affiliated entity, hereinafter known as the Redeveloper, the Parcel MH-304, being the following described land situated in the City of Minneapolis, County of Hennepin, State of Minnesota, to wit: Legal Description of Disposition Parcel MH-304; 3707 Fremont Ave N: Lot 14, Block 7, Walton Park; and Whereas, the Redeveloper has offered to pay the sum of $11,200 for Parcel MH-304; the offer includes a development plan and commitment to improve by rehabilitating the existing structure. This offer is in accordance with the Redevelopment Plan and/or Program; and Whereas, the Redeveloper has submitted to the City a statement of financial responsibility and qualifications; and Whereas, the City has had the re-use value reviewed by an appraisal expert, stating that the re-use value opinion is consistent with accepted methods of aiding the City in determining a $11,200 re-use value for the Parcel; and Whereas, pursuant to due notice thereof published in Finance and Commerce on July 9, 2021, a public hearing on the proposed sale was duly held on July 27, 2021, at the Minneapolis City Hall, 350 5th St S, Room 317, in the City of Minneapolis, County of Hennepin, State of Minnesota; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis: That the re-use value, for uses in accordance with the Redevelopment Plan and/or Program is hereby determined to be the sum of $11,200 for Parcel MH-304.

681

City Council Proceedings – August 6, 2021

Be It Further Resolved that the acceptance of the offer and proposal is hereby determined to be in the best interests of the City and its people and that the transaction furthers the City’s general plan of economic development in accordance with the City's approved disposition policy and it is further determined that the Redeveloper possesses the qualifications and financial resources necessary to acquire and develop the Parcel in accordance with the Redevelopment Plan and/or Program. Be It Further Resolved that the proposal be and the same is hereby accepted, subject to the execution of a contract for the sale of land and further subject to the following conditions: 1) Land sale closing must occur on or before 360 days from the date this Resolution is approved by the City; and 2) Payment of holding costs of $1,000.00 per month if the land sale closing does not occur on or before the closing deadline. The City is in the process of clearing title and closing will take place after title is cleared. Be It Further Resolved that the sale conditions described above may be waived or amended with the approval of the Department of Community Planning & Economic Development Director. Be It Further Resolved that upon publication of this Resolution the Finance Officer or other appropriate official of the City be and the same is hereby authorized to execute and deliver the contract to the Redeveloper; provided, however, that this Resolution does not constitute such a contract and no such contract shall be created until executed by the Finance Officer or other appropriate official of the City. Be It Further Resolved that the Finance Officer or other appropriate official of the City is hereby authorized to execute and deliver a conveyance of the land to the Redeveloper in accordance with the provisions of the executed contract and upon payment to the City for the purchase price thereof; provided, however, that this Resolution does not constitute such a conveyance and no such conveyance shall be created until executed and delivered by the Finance Officer or other appropriate official of the City. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

On behalf of the Business, Inspections, Housing & Zoning Committee, Goodman offered Resolution 2021R-222 authorizing the sale of the properties at 2601-2605 14th Ave S (Disposition Parcel No. MH-302 and MH-303) to Keyf Abdi or affiliated entity for $85,200, subject to conditions. The following is the complete text of the unpublished summarized resolution.

RESOLUTION 2021R-222 By Goodman

Authorizing sale of land Disposition Parcels MH-302 & MH-303 under the Minneapolis Homes Program at 2601-2605 14th Ave S. Whereas, the City of Minneapolis, hereinafter known as the City, has received an offer to purchase and develop Disposition Parcels MH-302 & MH-303 from Keyf Abdi or an affiliated entity, hereinafter known as the Redeveloper, the Parcels MH-302 & MH-303, being the following described land situated in the City of Minneapolis, County of Hennepin, State of Minnesota, to wit: Legal Description of Disposition Parcels MH-302; 2601 14th Ave S: Lot 14, Block 19, Torrance Tousleys and McNair's subdivision of Minneapolis; MH-303; 2605 14th Ave S: Lot 13, Block 19, Torrance Tousleys and McNair's Subdivision of Block 17, 18, 19 and 20 of Brackett and Bovey's Addition to Minneapolis; and

682

City Council Proceedings – August 6, 2021

Whereas, the Redeveloper has offered to pay the sum of $85,200 for Parcels MH-302 & MH-303; the offer includes a development plan and commitment to improve by rehabilitating the existing structure. This offer is in accordance with the Redevelopment Plan and/or Program; and Whereas, the Redeveloper has submitted to the City a statement of financial responsibility and qualifications; and Whereas, the City has had the re-use value reviewed by an appraisal expert, stating that the re-use value opinion is consistent with accepted methods of aiding the City in determining a $85,200 re-use value for the Parcel; and Whereas, pursuant to due notice thereof published in Finance and Commerce on July 9, 2021, a public hearing on the proposed sale was duly held on July 27, 2021, at the Minneapolis City Hall, 350 5th St S, Room 317, in the City of Minneapolis, County of Hennepin, State of Minnesota; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis: That the re-use value, for uses in accordance with the Redevelopment Plan and/or Program is hereby determined to be the sum of $85,200 for Parcels MH-302 & MH-303. Be It Further Resolved that the acceptance of the offer and proposal is hereby determined to be in the best interests of the City and its people and that the transaction furthers the City’s general plan of economic development in accordance with the City's approved disposition policy and it is further determined that the Redeveloper possesses the qualifications and financial resources necessary to acquire and develop the Parcel in accordance with the Redevelopment Plan and/or Program. Be It Further Resolved that the proposal be and the same is hereby accepted, subject to the execution of a contract for the sale of land and further subject to the following conditions: 1) Land sale closing must occur on or before 360 days from the date this Resolution is approved by the City; and 2) Payment of holding costs of $1,000.00 per month if the land sale closing does not occur on or before the closing deadline. The City is in the process of clearing title and closing will take place after title is cleared. Be It Further Resolved that the sale conditions described above may be waived or amended with the approval of the Department of Community Planning & Economic Development Director. Be It Further Resolved that upon publication of this Resolution the Finance Officer or other appropriate official of the City be and the same is hereby authorized to execute and deliver the contract to the Redeveloper; provided, however, that this Resolution does not constitute such a contract and no such contract shall be created until executed by the Finance Officer or other appropriate official of the City. Be It Further Resolved that the Finance Officer or other appropriate official of the City is hereby authorized to execute and deliver a conveyance of the land to the Redeveloper in accordance with the provisions of the executed contract and upon payment to the City for the purchase price thereof; provided, however, that this Resolution does not constitute such a conveyance and no such conveyance shall be created until executed and delivered by the Finance Officer or other appropriate official of the City. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

683

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0609 The Minneapolis City Council hereby authorizes agreements with the selected qualified developers or affiliated entities designated in the resolutions contained in Legislative File 2021-00740 on file in the Office of the City Clerk, and authorizes the Department of Community Planning & Economic Development Director to make modifications.

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

On behalf of the Business, Inspections, Housing & Zoning Committee, Goodman offered Resolution 2021R-223 authorizing the sale of the property at 628 Franklin Ave E (Disposition Parcel No. MH-277) to City of Lakes Community Land Trust (CLCLT) or affiliated entity for $75,000, subject to conditions.

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

RESOLUTION 2021R-223 By Goodman

Authorizing sale of land Disposition Parcel MH-277 under the Minneapolis Homes Program at 628 E Franklin Ave.

Whereas, the City of Minneapolis, hereinafter known as the City, has received an offer to purchase and develop Disposition Parcel MH-277 from City of Lakes Community Land Trust or an affiliated entity, hereinafter known as the Redeveloper, the Parcel MH-277, being the following described land situated in the City of Minneapolis, County of Hennepin, State of Minnesota, to wit: Legal Description of Disposition Parcel MH-277; 628 E Franklin Ave: Lot 8, and the West 10 feet of Lot 9 “Hamlin’s Addition to Minneapolis” The Westerly line of the premises has been marked by Judicial Landmarks set in Torrens Case No. 6170; and Whereas, the Redeveloper has offered to pay the sum of $75,000 for Parcel MH-277; the offer includes a development plan and commitment to improve by rehabilitating the existing structure. This offer is in accordance with the Redevelopment Plan and/or Program; and Whereas, the Redeveloper has submitted to the City a statement of financial responsibility and qualifications; and Whereas, the City has had the re-use value reviewed by an appraisal expert, stating that the re-use value opinion is consistent with accepted methods of aiding the City in determining a $75,000 re-use value for the Parcel; and Whereas, pursuant to due notice thereof published in Finance and Commerce on July 9, 2021, a public hearing on the proposed sale was duly held on July 27, 2021, at the Minneapolis City Hall, 350 5th St S, Room 317, in the City of Minneapolis, County of Hennepin, State of Minnesota; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis: That the re-use value, for uses in accordance with the Redevelopment Plan and/or Program is hereby determined to be the sum of $75,000 for Parcel MH-277.

684

City Council Proceedings – August 6, 2021

Be It Further Resolved that the acceptance of the offer and proposal is hereby determined to be in the best interests of the City and its people and that the transaction furthers the City’s general plan of economic development in accordance with the City's approved disposition policy and it is further determined that the Redeveloper possesses the qualifications and financial resources necessary to acquire and develop the Parcel in accordance with the Redevelopment Plan and/or Program. Be It Further Resolved that the proposal be and the same is hereby accepted, subject to the execution of a contract for the sale of land and further subject to the following conditions: 1) Land sale closing must occur on or before 360 days from the date this Resolution is approved by the City; and 2) Payment of holding costs of $1,000 per month if the land sale closing does not occur on or before the closing deadline. The City is in the process of clearing title and closing will take place after title is cleared. Be It Further Resolved that the sale conditions described above may be waived or amended with the approval of the Department of Community Planning & Economic Development Director. Be It Further Resolved that upon publication of this Resolution the Finance Officer or other appropriate official of the City be and the same is hereby authorized to execute and deliver the contract to the Redeveloper; provided, however, that this Resolution does not constitute such a contract and no such contract shall be created until executed by the Finance Officer or other appropriate official of the City. Be It Further Resolved that the Finance Officer or other appropriate official of the City is hereby authorized to execute and deliver a conveyance of the land to the Redeveloper in accordance with the provisions of the executed contract and upon payment to the City for the purchase price thereof; provided, however, that this Resolution does not constitute such a conveyance and no such conveyance shall be created until executed and delivered by the Finance Officer or other appropriate official of the City. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0610 The Minneapolis City Council hereby: 1. Authorizes Minneapolis Homes: Financing agreements with City of Lakes Community Land Trust (CLCLT) or affiliated entity, related to the property at 628 Franklin Ave E, and authorizes the Department of Community Planning & Economic Development Director to make modifications. 2. Delegates authority to the Community Planning & Economic Development Director to enter into a contract amendment with City of Lakes Community Land Trust (CLCLT) or affiliated entity for the purpose of developing additional perpetually affordable housing units through Minneapolis Homes: Financing, if program income is earned. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

685

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0611 The Minneapolis City Council hereby grants an appeal submitted by Liz Wielinski et al. regarding the City Planning Commission’s approval of the following land use applications (PLAN10867) establishing a cluster development of three units located at 2648 Marshall St NE, and adopts Findings of Fact as submitted by the City Attorney’s Office: 1. Conditional use permit to allow a cluster development of three units, subject to conditions. 2. Variance to allow development within 40 feet of the top of a steep slope within the SH Shoreland Overlay District. 3. Variance to structure placement within the Mississippi River Corridor Critical Area Overlay District.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Palmisano (11) Noes: Schroeder (1) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0612 The Minneapolis City Council hereby approves the following application for Liquor License, subject to final inspections and compliance with all provisions of applicable code and ordinances: All Saints, 222 HENNEPIN AVE E Minneapolis, MN, (Ward 3) submitted by Perennial Mpls LLC, BLLiquor, LIC393794

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0613 The Minneapolis City Council hereby approves the following applications for Liquor License Renewal, subject to final inspections and compliance with all provisions of applicable code and ordinances: 1. Bacon Social House, 700 3RD ST S Minneapolis, MN, (Ward 3) submitted by Bacon Restaurant Denver LLC, BLLiquor, LIC377865 2. Eat Street Social, 18 26TH ST W Minneapolis, MN, (Ward 10) submitted by Wagbon LLC, BLLiquor, LIC79106 3. Rick's Cabaret, 300 3RD ST S Minneapolis, MN, (Ward 3) submitted by RCI Entertainment (Minnesota) Inc, BLLiquor, LIC80065 4. THE SONDER SHAKER, 130 HENNEPIN AVE E Minneapolis, MN, (Ward 3) submitted by LIMELIGHT CONCEPTS LLC, BLLiquor, LIC359262 On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

686

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0614 The Minneapolis City Council hereby approves the following application for Gambling License, subject to final inspection and compliance with all provisions of applicable codes and ordinances: Firefighters for Healing, 225 3RD AVE S Minneapolis, MN, submitted by Firefighters for Healing, BLGeneral, LIC394932

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0615 The Minneapolis City Council hereby: 1. Approves additional funding up to $720,000 from the Affordable Housing Trust Fund Contingency Pool for the Bimosedaa project located at 16 4th St N. 2. Authorizes the execution of necessary loan documents for a loan of up to $720,000 from the Affordable Housing Trust Fund Contingency Pool for the Bimosedaa project located at 16 4th St N to Bimosedaa Housing Limited Partnership, or a related entity.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0616 The Minneapolis City Council hereby: 1. Authorizes a contract with City of Lakes Community Land Trust (CLCLT), in the amount of up to $1,500,000 in American Rescue Plan funds for the stabilization pathway in the Minneapolis Homes: Financing program to assist homeowners at risk of foreclosure.

2. Authorizes a contract with City of Lakes Community Land Trust (CLCLT), in the amount of at least $1,000,000 in American Rescue Plan funds for the stabilization pathway in the Minneapolis Homes: Financing program to assist renters with home purchase through a perpetually affordable housing model.

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

687

City Council Proceedings – August 6, 2021

On behalf of the Business, Inspections, Housing & Zoning Committee, Goodman offered Resolution 2021R-224 approving an amendment to the City's comprehensive plan to amend the built form guidance from Interior 1 to Interior 2 for the property located at 3225 E Minnehaha Parkway.

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

RESOLUTION 2021R-224 By Goodman

Approving an amendment to the City's comprehensive plan to amend the built form guidance in Minneapolis 2040 from Interior 1 to Interior 2 for the property located at 3225 E Minnehaha Parkway.

Whereas, on October 25, 2019, the City Council passed Resolution No. 2019R-308, adopting its comprehensive plan, Minneapolis 2040; and Whereas, on June 28, 2021, the Planning Commission recommended that the City Council approve the comprehensive plan amendment to amend the built form guidance in Minneapolis 2040 from Interior 1 to Interior 2 for the properties located at 3225 E Minnehaha Parkway; and Whereas, the Comprehensive Plan Amendment is subject to review and approval by the Metropolitan Council; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis: That the built form map amendment in Minneapolis 2040, the comprehensive plan, is hereby amended to change the built form guidance for the properties located at 3225 E Minnehaha Parkway from Interior 1 to Interior 2 at the request of Beth Pfeifer, for the properties described as: Lots 1, 2, 3 and 4, Block 2, Minnehaha Parkway Addition to Minneapolis, according to the recorded plat thereof, Hennepin County MN Be It Further Resolved that the Department of Community Planning & Economic Development is directed to submit the amendment to the Metropolitan Council for review and approval.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0617 The Minneapolis City Council hereby authorizes a $400,000 Commercial Property Development Fund Loan to Wrecktangle RE LLC dba Wrecktangle Pizza or its assigns to assist in the acquisition and rehabilitation of the mixed-use property at 701 Lake St W.

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

688

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0618 The Minneapolis City Council hereby authorizes a multijurisdictional agreement with Hennepin County to facilitate a Transit-Oriented Development (TOD) grant for the 35th Ave N and Penn Ave N redevelopment project.

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

The POLICY & GOVERNMENT OVERSIGHT Committee submitted the following report: On behalf of the Policy & Government Oversight Committee, Jenkins offered Resolution 2021R-225 accepting 2nd Quarter 2021 donations made to the City of Minneapolis valued under $15,000.

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

RESOLUTION 2021R-225 By Fletcher Accepting 2nd Quarter 2021 donations made to the City of Minneapolis valued under $15,000.

Whereas, the City of Minneapolis is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes, Section 465.03, for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes, Section 471.17; and Whereas, the following persons and entities have offered to contribute the gifts set forth below to the city: 2nd Quarter 2021 Donations Under $15,000 Name of Recipient Name of Entity Department Making Donation Description of Donation Total Minneapolis Animal Various individuals Cash $ 2,878.77 Care & Control Minneapolis Animal Various individuals In-kind N/A Care & Control Communications Clear Channel Outdoor Snow Emergency Signup 3,730.87 Clear Channel Outdoor Snow Emergency Signup 8,254.87 Clear Channel Outdoor Snow Emergency Signup 4,935.58 Clear Channel Outdoor To End This Pandemic 5,575.83 Clear Channel Outdoor Citywide Curfew (Skyway) 22.62 Clear Channel Outdoor Citywide Curfew (14X48 Boards) 218.92 Clear Channel Outdoor Curfew Billboard 199.42

689

City Council Proceedings – August 6, 2021

Clear Channel Outdoor To End This Pandemic 13,891.93 Clear Channel Outdoor Mental Health Month 2,506.27 Clear Channel Outdoor To End This Pandemic 6,597.50 Clear Channel Outdoor To End This Pandemic 8,140.47 Public Works-Division of BioBag Americas 1000 free UmiMax food scrap 3,000.00 Solid Waste & Recycling buckets TOTAL $ 59,962.04 Whereas, no goods or services were provided in exchange for said donation; and Whereas, all such donations have been contributed to assist the city in providing funding for the various listed departments operations, as allowed by law; and Whereas, the City Council finds that it is appropriate to accept the donation offered; Now, Therefore, Be It Resolved by the City Council of the City of Minneapolis: That the donations described above are hereby accepted and shall be used for public purposes. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0619 The Minneapolis City Council hereby authorizes the submittal of a grant application for American Rescue Plan funding available to eligible local arts agencies through the National Endowment for the Arts.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0620 The Minneapolis City Council hereby authorizes a contract with M. Arthur Gensler & Associates, Inc., for a total amount not to exceed $507,893, for architectural services for Phase 1 & 2 of the City Hall Office Space Renovation Project.

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

690

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0621 The Minneapolis City Council hereby authorizes a revenue contract with Regents of the University of Minnesota, in an amount not to exceed $25,000 for one year with the option to extend one year, for traffic management services around Huntington Bank Stadium.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0622 The Minneapolis City Council hereby approves the Workers' Compensation claim of Rena Dudgeon by payment of $187,500 over three years to Rena Dudgeon and her attorney, Meuser Law Firm, and authorizes the City Attorney's Office to execute any documents necessary to effectuate the settlement.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0623 The Minneapolis City Council hereby approves the Workers' Compensation claim of Christopher Steward by payment of $130,000 to Christopher Steward and his attorney, Meuser Law Firm, and authorizes the City Attorney's Office to execute any documents necessary to effectuate the settlement.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0624 The Minneapolis City Council hereby approves the Workers' Compensation claim of Mark Sauer by payment of $160,000 over three years to Mark Sauer and his attorneys, Meuser Law Firm, and authorizes the City Attorney's Office to execute any documents necessary to effectuate the settlement.

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

691

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0625 The Minneapolis City Council hereby approves the Workers' Compensation claim of Daryl McKenna by payment of $180,000 over three years to Daryl McKenna and his attorneys, Meuser Law Firm, and authorizes the City Attorney's Office to execute any documents necessary to effectuate the settlement.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0626 The Minneapolis City Council hereby approves the Workers' Compensation claim of Peter Hafstad by payment of $195,000 over three years to Peter Hafstad and his attorneys, Meuser Law Firm and authorizes the City Attorney's Office to execute any documents necessary to effectuate the settlement.

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

VETOED BY THE MAYOR On behalf of the Policy & Government Oversight Committee, Jenkins offered Ordinance 2021-039 amending Article I of the City Charter relating to General Provisions: Powers, to be submitted to the voters at the November 2, 2021, municipal election, pertaining to adding authority for registered voters of the City of Minneapolis to propose, by initiative, a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis.

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

ORDINANCE 2021-039 By Gordon, Ellison, Bender, and Osman Intro & 1st Reading: 1/29/2021 Ref to: POGO 2nd Reading: 8/6/2021

Amending Article I of the City Charter relating to General Provisions: Powers, to be submitted to the voters at the November 2, 2021, municipal election, pertaining to adding authority for registered voters of the City of Minneapolis to propose, by initiative, a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis. The City Council of the City of Minneapolis do ordain as follows: Section 1. That Article I, Section 1.4 of the Minneapolis City Charter be amended to read as follows:

692

City Council Proceedings – August 6, 2021

§ 1.4. - Powers. (a) Powers plenary. The City, acting through the boards, commissions, committees, departments, and officers for which this charter or an ordinance provides, may exercise any power that a municipal corporation can lawfully exercise at common law. (1) Eminent domain. The City Council may, and any other authorized board may, establish the procedure by which the City exercises through that board its power of eminent domain, including the procedure for any appeal from an award in condemnation. (2) Infrastructure. The City may establish, plan, build, maintain, regulate, and otherwise provide for public ways and works and any other infrastructure necessary or convenient for its residential and economic development; for the comfort, convenience, health, safety, or welfare of its residents; or for the efficient delivery of municipal services. (b) Laws excepting home-rule cities. Whenever a law grants a power or an option to cities generally or to cities of a certain class, but excepts cities having adopted a home-rule charter, the City may nevertheless exercise the power or option if that exercise is not inconsistent with this charter, notwithstanding its having adopted this charter. (c) Immunity. The City enjoys immunity from suit and liability for any injury resulting from— (1) the defective condition of an ungraded street; (2) the ground's insufficiency where a sidewalk can go but no sidewalk has been built; and (3) any other act, omission, or condition for which a municipal corporation enjoys immunity at common law or by general or special law. (d) Unmentioned powers. This charter's mention of certain powers does not limit the City's powers to those mentioned. (e) Rent stabilization initiative. Registered voters of the City have the right to propose a rent stabilization ordinance by initiative. (1) Petition initiation. A rent stabilization initiative may be initiated by a petition signed by registered voters of the City equal in number to five (5) percent of the total votes cast at the last previous state general election in the City. (2) Contents and timeline for petition; ballot formatting. The City Clerk is responsible for creating and maintaining rent stabilization initiative petition processes, which must include, at a minimum: (1) the requirements for the contents of the petition; (2) the timeline for submitting a petition to the City Clerk; (3) the timeline for curing an insufficient petition; (4) the timeline for the City Clerk to submit the petition to the City Council; and (5) the technical formatting requirements for ballot questions. The City Clerk must ensure these petition processes comply with applicable Minnesota Statutes and Minnesota Rules, and may consider, as a guide, petition requirements and processes for amendments to this charter. The City Clerk may amend these petition processes from time to time, including as needed to comply with applicable Minnesota election law, other laws, and interpretations of laws. (3) Full petition filed with City Clerk. A rent stabilization initiative petition may consist of one or more papers, but they must be assembled and filed with the City Clerk as one instrument. Any rent stabilization initiative petition will be deemed received by the City Council when it is timely filed with the City Clerk. There is no filing fee for filing such a petition. (4) City Clerk and City Attorney requirements. Once the rent stabilization initiative petition is timely filed with the City Clerk, the City Clerk and City Attorney must do the following:

693

City Council Proceedings – August 6, 2021

(A) City Clerk technical review. The City Clerk must determine whether the petition is signed by registered voters of the City equal in number to five (5) percent of the total votes cast at the last previous state general election in the City. The City Clerk must ensure other technical petition requirements, including those in the City Clerk’s rent stabilization initiative petition processes, are met. The results of this technical review must be provided to the City Council. (B) City Attorney legal analysis. If all of the technical petition requirements are met, the City Attorney must analyze if the proposed ordinance complies with constitutional, federal, state, and other law. The results of this legal analysis must be provided to the City Council. (5) City Council action on petition. Within 150 days of receiving the rent stabilization initiative petition, the City Council must take action as follows: (A) If the City Clerk reports that the petition meets all of the technical requirements, do one of the following: (i) Enact the ordinance without change. (ii) Direct the City Clerk to submit a ballot question on the ordinance to the qualified voters at a general or special election on a date allowed under Minnesota election law. (iii) Direct the City Clerk to not submit a ballot question on the ordinance to the qualified voters at a general or special election on a date allowed under Minnesota election law. A direction not to submit the ballot question must be based on the results of the legal analysis. (B) If the City Clerk reports that the petition does not meet all of the technical requirements, file the results of the technical review of the City Clerk. (6) Ballot question. (A) The form of the ballot must be fixed by the City Council.

(B) If more than half of the votes cast on the ballot question are in favor of its adoption, the ordinance will take effect in 30 days from the date of the election or at such other time as is fixed in the ordinance.

On roll call, the result was: Ayes: Gordon, Fletcher, Cunningham, Ellison, Osman, Jenkins, Cano, Bender, Schroeder (9) Noes: Reich, Goodman, Palmisano (3) Absent: Johnson (1) Adopted. Vetoed by Mayor Jacob Frey 8/6/2021. (Published 8/12/2021) (See Unfinished Business for consideration of the Mayoral veto at the August 13, 2021, meeting)

On behalf of the Policy & Government Oversight Committee, Jenkins offered Resolution 2021R-226 adopting title and ballot language pertaining to a proposed amendment to the Minneapolis City Charter pertaining to adding authority for registered voters of the City of Minneapolis to propose, by initiative, a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis, to be submitted to the qualified voters of the City of Minneapolis at the Municipal General Election on November 2, 2021.

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

694

City Council Proceedings – August 6, 2021

RESOLUTION 2021R-226 By Gordon, Ellison, Bender, and Osman

Adopting title and ballot language pertaining to a proposed amendment to the Minneapolis City Charter pertaining to adding authority for registered voters of the City of Minneapolis to propose, by initiative, a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis, to be submitted to the qualified voters of the City of Minneapolis at the Municipal General Election on November 2, 2021. Whereas, the City Council proposed via ordinance an amendment to Section 1.4 of the Minneapolis Charter related to voter initiative on the sole topic of rent control / stabilization; and Whereas, this proposed amendment was submitted to the Charter Commission for consideration via letter from the City Clerk dated February 26, 2021; and Whereas, after consideration, the Charter Commission rejected the proposed City Council amendment to Section 1.4 of the Minneapolis Charter; and Whereas, the Minneapolis City Attorney’s Office provided a legal memo related to the proposed City Council amendment to Section 1.4 of the Minneapolis Charter; and Whereas, the proposed City Council amendment, if approved, would amend Article I, Section 1.4 of the City Charter relating to General Provisions: Powers, as follows: § 1.4. - Powers. (a) Powers plenary. The City, acting through the boards, commissions, committees, departments, and officers for which this charter or an ordinance provides, may exercise any power that a municipal corporation can lawfully exercise at common law. (1) Eminent domain. The City Council may, and any other authorized board may, establish the procedure by which the City exercises through that board its power of eminent domain, including the procedure for any appeal from an award in condemnation. (2) Infrastructure. The City may establish, plan, build, maintain, regulate, and otherwise provide for public ways and works and any other infrastructure necessary or convenient for its residential and economic development; for the comfort, convenience, health, safety, or welfare of its residents; or for the efficient delivery of municipal services. (b) Laws excepting home-rule cities. Whenever a law grants a power or an option to cities generally or to cities of a certain class, but excepts cities having adopted a home-rule charter, the City may nevertheless exercise the power or option if that exercise is not inconsistent with this charter, notwithstanding its having adopted this charter. (c) Immunity. The City enjoys immunity from suit and liability for any injury resulting from— (1) the defective condition of an ungraded street; (2) the ground's insufficiency where a sidewalk can go but no sidewalk has been built; and (3) any other act, omission, or condition for which a municipal corporation enjoys immunity at common law or by general or special law. (d) Unmentioned powers. This charter's mention of certain powers does not limit the City's powers to those mentioned. (e) Rent stabilization initiative. Registered voters of the City have the right to propose a rent stabilization ordinance by initiative.

695

City Council Proceedings – August 6, 2021

(1) Petition initiation. A rent stabilization initiative may be initiated by a petition signed by registered voters of the City equal in number to five (5) percent of the total votes cast at the last previous state general election in the City. (2) Contents and timeline for petition; ballot formatting. The City Clerk is responsible for creating and maintaining rent stabilization initiative petition processes, which must include, at a minimum: (1) the requirements for the contents of the petition; (2) the timeline for submitting a petition to the City Clerk; (3) the timeline for curing an insufficient petition; (4) the timeline for the City Clerk to submit the petition to the City Council; and (5) the technical formatting requirements for ballot questions. The City Clerk must ensure these petition processes comply with applicable Minnesota Statutes and Minnesota Rules, and may consider, as a guide, petition requirements and processes for amendments to this charter. The City Clerk may amend these petition processes from time to time, including as needed to comply with applicable Minnesota election law, other laws, and interpretations of laws. (3) Full petition filed with City Clerk. A rent stabilization initiative petition may consist of one or more papers, but they must be assembled and filed with the City Clerk as one instrument. Any rent stabilization initiative petition will be deemed received by the City Council when it is timely filed with the City Clerk. There is no filing fee for filing such a petition. (4) City Clerk and City Attorney requirements. Once the rent stabilization initiative petition is timely filed with the City Clerk, the City Clerk and City Attorney must do the following: (A) City Clerk technical review. The City Clerk must determine whether the petition is signed by registered voters of the City equal in number to five (5) percent of the total votes cast at the last previous state general election in the City. The City Clerk must ensure other technical petition requirements, including those in the City Clerk’s rent stabilization initiative petition processes, are met. The results of this technical review must be provided to the City Council. (B) City Attorney legal analysis. If all of the technical petition requirements are met, the City Attorney must analyze if the proposed ordinance complies with constitutional, federal, state, and other law. The results of this legal analysis must be provided to the City Council. (5) City Council action on petition. Within 150 days of receiving the rent stabilization initiative petition, the City Council must take action as follows: (A) If the City Clerk reports that the petition meets all of the technical requirements, do one of the following: (i) Enact the ordinance without change. (ii) Direct the City Clerk to submit a ballot question on the ordinance to the qualified voters at a general or special election on a date allowed under Minnesota election law. (iii) Direct the City Clerk to not submit a ballot question on the ordinance to the qualified voters at a general or special election on a date allowed under Minnesota election law. A direction not to submit the ballot question must be based on the results of the legal analysis. (B) If the City Clerk reports that the petition does not meet all of the technical requirements, file the results of the technical review of the City Clerk. (6) Ballot question. (A) The form of the ballot must be fixed by the City Council. (B) If more than half of the votes cast on the ballot question are in favor of its adoption, the ordinance will take effect in 30 days from the date of the election or at such other time as is fixed in the ordinance.; and

696

City Council Proceedings – August 6, 2021

Whereas, the City Council decided to submit the City Council amendment to Section 1.4 of the City Charter to the voters of the City for adoption or rejection at the Municipal General Election to be held November 2, 2021; and Whereas, the City Council must fix the ballot question for this proposed amendment; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis: That the proposed amendment relating General Provisions: Powers, pertaining to adding authority for registered voters of the City of Minneapolis to propose, by initiative, a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis be submitted to the qualified voters of the City for adoption or rejection at the Municipal General Election to be held November 2, 2021, and that such notice of such submission be given by the City Clerk by publication of such notice and amendment, in full, once a week for two successive weeks prior to November 2, 2021, in the Star Tribune, a newspaper of general circulation in the City of Minneapolis, and in Finance and Commerce, the official newspaper of the City of Minneapolis. Be It Further Resolved that in submitting the proposed amendment for adoption or rejection by the qualified voters, the title and language of the question shall be presented as follows: “City Question # Authorizing Minneapolis Registered Voters to Initiate Rent Control Ordinance Shall the Minneapolis City Charter be amended to add authority for voters to propose a rent control ordinance by initiative petition, with the general nature of the amendments being indicated in the explanatory note below, which is made a part of this ballot?

Yes ______No ______Explanatory Note: This amendment would: 1. Authorize voters to propose a rent control ordinance by initiative petition. The initiative petition must be signed by registered voters of Minneapolis of at least five percent of the total votes cast at the last previous state general election in Minneapolis. There would be no filing fees for the petition. 2. Require initiative petitions to be validated by the City Clerk and City Attorney with respect to technical and legal requirements. 3. Provide that a valid initiative petition could be enacted in two different and independent ways: a. The City Council may enact the initiative petition by ordinance. b. The City Council may refer the initiative petition as a ballot question to be decided by the qualified voters for approval at an election. If more than half of the votes cast on the ballot question are in favor of its adoption, petitioner’s ordinance would take effect 30 days after the election, or at such other time as provided in petitioner’s ordinance.” On roll call, the result was: Ayes: Gordon, Fletcher, Cunningham, Ellison, Osman, Cano, Bender, Schroeder (8) Noes: Reich, Goodman, Palmisano (3) Abstain: Jenkins (1) Absent: Johnson (1) Adopted.

697

City Council Proceedings – August 6, 2021

State of Minnesota County of Hennepin ss. City of Minneapolis

I, Casey Joe Carl, City Clerk of the City of Minneapolis, in the County of Hennepin, and State of Minnesota, hereby certify Resolution 2021R-226 was duly presented to Mayor Jacob Frey on August 6, 2021, and was returned without his signature.

Therefore, in accordance with the provisions of Article 4, Section 4.4(c) of the City Charter, the resolution, has become and is valid, and I hereby certify that it has the same force and effect as if approved by said Mayor.

On behalf of the Policy & Government Oversight Committee, Jenkins offered Ordinance 2021-040 amending Article IV of the City Charter relating to City Council: Function, to be submitted to the voters at the November 2, 2021, municipal election, pertaining to adding authority for the Council to adopt a rent control ordinance or a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis and to submit a rent control or rent stabilization ballot question to qualified voters to regulate rents on private residential property in the City of Minneapolis.

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

ORDINANCE 2021-040 By Gordon, Ellison, Bender, and Osman Intro & 1st Reading: 1/29/2021 Ref to: POGO 2nd Reading: 8/6/2021

Amending Article IV of the City Charter relating to City Council: Function, to be submitted to the voters at the November 2, 2021, municipal election, pertaining to adding authority for the Council to adopt a rent control ordinance or a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis and to submit a rent control or rent stabilization ballot question to qualified voters to regulate rents on private residential property in the City of Minneapolis. The City Council of the City of Minneapolis do ordain as follows: Section 1. That Article IV, Section 4.1 of the Minneapolis City Charter be amended to read as follows: § 4.1. - Function. (a) Governing body. The governing body is the City Council, in which the City's general legislative and policymaking authority resides. (b) Scope. The Council may act on the City's behalf in any matter, except where— (1) this charter reserves the action for a different board, commission, or committee; or (2) the action is inconsistent with this charter or otherwise unlawful. (c) Council as statutory board. (1) Generally. Where the law provides for municipal action through a board or commission, and this charter does not reserve that authority to a board or commission other than the Council, the Council must either—

698

City Council Proceedings – August 6, 2021

(A) itself serve as the board or commission for which the law provides, even if the board or commission is a statutory rather than a municipal agency; or (B) provide by ordinance for the board or commission, in which case— (i) the board's or commission's membership may (but need not) consist partly or wholly of Council members, and (ii) the Council may (but need not) organize the board or commission as a municipal department. (2) Board of appeal and equalization. The Council may provide under this section 4.1(c) for a board of appeal and equalization, in which case it may also provide that any such board must return to the Council the assessment rolls that the board has revised, in which case the Council may confirm the board's revisions or return the rolls to the board for further revision. (d) Franchises. The Council may grant and regulate any lawful franchise. (e) Licenses. The Council may grant a license only if the license expires within one year. (f) Liquor licenses. Subject to any other applicable law, the Council may grant a license for the sale of liquor. (1) Zoning. The Council may grant a liquor license only in an area zoned for commercial or industrial use, not for residence or office use. (2) Wine licenses. The Council may grant a license for the on-sale of wine, which may include the on-sale of intoxicating malt beverages, to a restaurant which otherwise qualifies for the license under each applicable law or ordinance. (3) On-site consumption. The Council must by ordinance establish standards for a restaurant holding a liquor license. (4) Other limits. The Council may by ordinance impose additional limits on granting a liquor license. (5) Other laws and ordinances apply. All laws and ordinances that otherwise apply to a licensed site remain applicable after the Council has granted a liquor license. (g) Rent stabilization. (1) Council adoption. The Council may adopt a rent control ordinance or a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis. (2) Submission to voters. The Council may submit a rent control or rent stabilization ballot question to qualified voters to regulate rents on private residential property in the City of Minneapolis. It must be submitted at a general or special election on a date allowed under Minnesota election law. If more than half of the votes cast on the ballot question are in favor of its adoption, the ordinance will take effect in 30 days from the date of the election or at such other time as is fixed in the ordinance.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder (11) Noes: Palmisano (1) Absent: Johnson (1) Adopted.

699

City Council Proceedings – August 6, 2021

State of Minnesota County of Hennepin ss. City of Minneapolis

I, Casey Joe Carl, City Clerk of the City of Minneapolis, in the County of Hennepin, and State of Minnesota, hereby certify Ordinance 2021R-040 was duly presented to Mayor Jacob Frey on August 6, 2021, and was returned without his signature.

On behalf of the Policy & Government Oversight Committee, Jenkins offered Resolution 2021R-227 adopting title and ballot language pertaining to a proposed amendment to the Minneapolis City Charter pertaining to adding authority for the Council to adopt a rent control ordinance or a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis and to submit a rent control or rent stabilization ballot question to qualified voters to regulate rents on private residential property in the City of Minneapolis, to be submitted to the qualified voters of the City of Minneapolis at the Municipal General Election on November 2, 2021.

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

RESOLUTION 2021R-227 By Gordon, Ellison, Bender, and Osman

Adopting title and ballot language pertaining to a proposed amendment to the Minneapolis City Charter pertaining to adding authority for the Council to adopt a rent control ordinance or a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis and to submit a rent control or rent stabilization ballot question to qualified voters to regulate rents on private residential property in the City of Minneapolis, to be submitted to the qualified voters of the City of Minneapolis at the Municipal General Election on November 2, 2021. Whereas, the City Council proposed via ordinance an amendment to Section 4.1 of the Minneapolis Charter related to two independent means that the City Council can use to enact to rent control / stabilization in the City Council: (1) the City Council may adopt a rent control ordinance; and (2) the City Council may submit a rent control or rent stabilization ordinance to the qualified voters for adoption; and Whereas, this proposed amendment was submitted to the Charter Commission for consideration via letter from the City Clerk dated February 26, 2021; and Whereas, after consideration, the Charter Commission recommended substitute language to Section 4.1(g) of the City Council’s proposed amendment, to read as follows: “(g) Rent stabilization. (1) Council adoption. The Council may adopt a rent control or rent stabilization ordinance (subject to sec. 4.4(c)) to regulate rents on private residential property in the City of Minneapolis. (2) Submission to voters. Before the ordinance can take effect, the Council must submit the rent control or rent stabilization ordinance to voters in a ballot question at a general election. If 51 percent or more of the votes cast on the ballot question are in favor of its adoption, the ordinance will take effect 30 days from the date of the election or at such other time as is fixed in the ordinance.”; and

700

City Council Proceedings – August 6, 2021

Whereas, the Minneapolis City Attorney’s Office provided a legal memo related to the proposed City Council amendment to Section 4.1 of the Minneapolis Charter; and Whereas, the proposed City Council amendment, if approved, would amend Article IV of the City Charter relating to City Council: Function, as follows: § 4.1. - Function. (a) Governing body. The governing body is the City Council, in which the City's general legislative and policymaking authority resides. (b) Scope. The Council may act on the City's behalf in any matter, except where— (1) this charter reserves the action for a different board, commission, or committee; or (2) the action is inconsistent with this charter or otherwise unlawful. (c) Council as statutory board. (1) Generally. Where the law provides for municipal action through a board or commission, and this charter does not reserve that authority to a board or commission other than the Council, the Council must either— (A) itself serve as the board or commission for which the law provides, even if the board or commission is a statutory rather than a municipal agency; or (B) provide by ordinance for the board or commission, in which case— (i) the board's or commission's membership may (but need not) consist partly or wholly of Council members, and (ii) the Council may (but need not) organize the board or commission as a municipal department. (2) Board of appeal and equalization. The Council may provide under this section 4.1(c) for a board of appeal and equalization, in which case it may also provide that any such board must return to the Council the assessment rolls that the board has revised, in which case the Council may confirm the board's revisions or return the rolls to the board for further revision. (d) Franchises. The Council may grant and regulate any lawful franchise. (e) Licenses. The Council may grant a license only if the license expires within one year. (f) Liquor licenses. Subject to any other applicable law, the Council may grant a license for the sale of liquor. (1) Zoning. The Council may grant a liquor license only in an area zoned for commercial or industrial use, not for residence or office use. (2) Wine licenses. The Council may grant a license for the on-sale of wine, which may include the on-sale of intoxicating malt beverages, to a restaurant which otherwise qualifies for the license under each applicable law or ordinance. (3) On-site consumption. The Council must by ordinance establish standards for a restaurant holding a liquor license. (4) Other limits. The Council may by ordinance impose additional limits on granting a liquor license. (5) Other laws and ordinances apply. All laws and ordinances that otherwise apply to a licensed site remain applicable after the Council has granted a liquor license.

701

City Council Proceedings – August 6, 2021

(g) Rent stabilization. (1) Council adoption. The Council may adopt a rent control ordinance or a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis. (2) Submission to voters. The Council may submit a rent control or rent stabilization ballot question to qualified voters to regulate rents on private residential property in the City of Minneapolis. It must be submitted at a general or special election on a date allowed under Minnesota election law. If more than half of the votes cast on the ballot question are in favor of its adoption, the ordinance will take effect in 30 days from the date of the election or at such other time as is fixed in the ordinance.; and Whereas, the City Council decided to submit the original City Council amendment to Section 4.1 of the City Charter to the qualified voters of the City for adoption or rejection at the Municipal General Election to be held November 2, 2021; and Whereas, the City Council must fix the ballot question for the proposed amendment; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis: That the proposed original City Council amendment relating to amending Article IV of the City Charter relating to City Council: Function, pertaining to adding authority for the Council to adopt a rent control ordinance or a rent stabilization ordinance to regulate rents on private residential property in the City of Minneapolis and to submit a rent control or rent stabilization ballot question to qualified voters to regulate rents on private residential property in the City of Minneapolis, be submitted to the qualified voters of the City for adoption or rejection at the Municipal General Election to be held November 2, 2021, and that such notice of such submission be given by the City Clerk by publication of such notice and amendment, in full, once a week for two successive weeks prior to November 2, 2021, in the Star Tribune, a newspaper of general circulation in the City of Minneapolis, and in Finance and Commerce, the official newspaper of the City of Minneapolis. Be It Further Resolved that in submitting the proposed original City Council amendment for adoption or rejection by the qualified voters, the title and language of the question shall be presented as follows: “City Question # Authorizing City Council To Enact Rent Control Ordinance Shall the Minneapolis City Charter be amended to authorize the City Council to regulate rents on private residential property in the City of Minneapolis, with the general nature of the amendments being indicated in the explanatory note below, which is made a part of this ballot? Yes ______No ______Explanatory Note: This amendment would: 1. Authorize the City Council to regulate rents on private residential property in the City of Minneapolis by ordinance. 2. Provide that an ordinance regulating rents on private residential property could be enacted in two different and independent ways: a. The City Council may enact the ordinance.

702

City Council Proceedings – August 6, 2021

b. The City Council may refer the ordinance as a ballot question to be decided by the voters for approval at an election. If more than half of the votes cast on the ballot question are in favor of its adoption, the ordinance would take effect 30 days after the election, or at such other time as provided in the ordinance.” On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder (11) Noes: Palmisano (1) Absent: Johnson (1) Adopted.

State of Minnesota County of Hennepin ss. City of Minneapolis

I, Casey Joe Carl, City Clerk of the City of Minneapolis, in the County of Hennepin, and State of Minnesota, hereby certify Resolution 2021R-227 was duly presented to Mayor Jacob Frey on August 6, 2021, and was returned without his signature.

COUNCIL ACTION 2021A-0627 The Minneapolis City Council hereby approves the Council appointment of Jennifer "J" Singleton to the Audit Committee, Seat 2, Ward 8, for an unexpired three-year term beginning Jan 1, 2020, and ending Dec 31, 2022.

The PUBLIC HEALTH & SAFETY Committee submitted the following report: COUNCIL ACTION 2021A-0628 The Minneapolis City Council hereby: 1. Accepts a grant from the U.S. Department of Health and Human Services and Centers for Disease Control and Prevention, in the amount of $550,000, for the period September 30, 2021 through September 29, 2022, for improving the health of African Americans, East African and American Indians in Minneapolis through housing and agency based strategies.

703

City Council Proceedings – August 6, 2021

2. Authorizes an agreement with the U.S. Department of Health and Human Services and Centers for Disease Control and Prevention for the grant. 3. Passage of Resolution 2021R-228 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, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

The following is the complete text of the unpublished summarized resolution. RESOLUTION 2021R-228 By Fletcher Amending The 2021 General Appropriation Resolution. Resolved by The City Council of The City of Minneapolis: That the above-entitled resolution, as amended, be further amended by increasing the appropriation for the Health Department (01300-8600120) (revenue code 321007) by $550,000 and increasing the revenue estimate (01300-8600120) by $550,000.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0629 The Minneapolis City Council hereby: 1. Authorizes an extension of contract number 152871 with the Minnesota Pollution Control Agency to extend contract through June 30, 2022, for services associated with the department's Healthy Nail Salon Initiative. 2. Authorizes an amended agreement with the Minnesota Pollution Control Agency for the grant amendment.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0630 The Minneapolis City Council hereby: 1. Accepts a grant from Hennepin County Services and Public Health Department, in an amount not to exceed $800,000, over a two-year period from August 1, 2021 through June 30, 2023, for the Health Mentor Model Project (HMMP) to work with young people ages 12 to 19 years with elevated needs who attend Edison, Henry, Roosevelt and South High Schools.

704

City Council Proceedings – August 6, 2021

2. Authorizes an agreement with Hennepin County Services and Public Health Department for the grant funds. 3. Passage of Resolution 2021R-229 approving appropriation of the funds to the Health Department. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

The following is the complete text of the unpublished summarized resolution. RESOLUTION 2021R-229 By Fletcher Amending The 2021 General Appropriation Resolution. Resolved by The City Council of The City of Minneapolis: That the above-entitled resolution, as amended, be further amended by increasing the appropriation for the Health Department (01300-8600152) (revenue code 321007) by $800,000 and increasing the revenue estimate (01300-8600152) by $800,000. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0631 The Minneapolis City Council hereby authorizes a memorandum of understanding with Summit Academy defining responsibilities and requiring certain information sharing, in accordance with applicable state and federal privacy laws, about certain crimes occurring on-campus and in certain areas off-campus, including sexual assault, domestic violence, dating violence, and stalking. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0632 The Minneapolis City Council hereby authorizes a partner sub-agreement with the Sexual Violence Center for $240,000, from January 2021 through December 2023, for victim advocate services, as provided under the 2020 Sexual Assault Kit Initiative (SAKI) grant award accepted December 18, 2020. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

705

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0633 The Minneapolis City Council hereby: 1. Authorizes a contract for service between Special School District No. 1 and the Minneapolis Health Department, in the amount of $60,000 annually, for a three year period, for a not to exceed amount of $180,000, from August 1, 2021 through June 30, 2024, to provide mental health services to Henry, South, Southwest, and Washburn High Schools.

2. Passage of Resolution 2021R-230 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, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

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

RESOLUTION 2021R-230 By Fletcher

Amending The 2021 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 322504) by $180,000 and increasing the revenue estimate (01600-8600152) by $180,000.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0634 The Minneapolis City Council hereby accepts the Drug Court grant from the 4th Judicial District of Minnesota, in the amount of $86,000, for two years, to provide Police liaison, research, and monitoring support for Drug Court in Hennepin County.

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

706

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0635 The Minneapolis City Council hereby: 1. Accepts an additional $298,663 in Emergency Preparedness Funds (Grant Project Agreement number 161418), from the Minnesota Department of Health, for the period July 1, 2021 through June 30, 2022, to provide measurable and sustained progress in the implementation and execution of public health emergency preparedness and response capabilities.

2. Authorizes an amended agreement with the Minnesota Department of Heath for the additional grant funds.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0636 The Minneapolis City Council hereby authorizes a contract with Payspan, Inc., in the annual amount of $2,000, beginning August 1, 2021, for patient financial engagement services.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0637 The Minneapolis City Council hereby authorizes the Health Department to enter into a Memorandum of Understanding (MOU) with the Minnesota Department of Health (MDH) for participation in the 340B drug discount program.

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

On behalf of the Public Health & Safety Committee, Cunningham offered Resolution 2021R-231 waiving attorney-client privilege on legal memorandum “Charter Authority of Mayor & City Council Regarding Police Department – Less Lethal Munitions Resolution by City Council.”

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

707

City Council Proceedings – August 6, 2021

RESOLUTION 2021R-231 By Gordon

Waiving attorney-client privilege on legal memorandum “Charter Authority of Mayor & City Council Regarding Police Department – Less Lethal Munitions Resolution by City Council.” Whereas, an interdisciplinary team from the University of Minnesota has documented numerous cases of severe bodily harm that were caused by the use of "less lethal" munitions in Minneapolis in 2020, and reported its findings to the Minneapolis City Council's Public Health and Safety Committee on March 4, 2021; and Whereas, On April 16, 2021, the Minneapolis City Council adopted Resolution 2021R-114, expressing opposition to the use of less lethal weapons by law enforcement in Minneapolis, which, in part, directed the City Attorney's Office to "formally state by May 14, 2021, whether an ordinance passed by the Minneapolis City Council to prohibit or constrain the use of 'less lethal' weapons by all Minneapolis employees would, under the existing Minneapolis Charter, prohibit or constrain the use of these weapons by the Minneapolis Police Department”; and Whereas, the City Attorney's Office complied with this direction and submitted an attorney-client privileged legal memorandum regarding this question to all Council Members and the Mayor on May 14, 2021; and Whereas, the City Attorney's Office has opined that in order to waive the attorney-client privilege and make this memorandum public, the Council would need to vote to do so, because the memo was produced at the behest of the Council by majority vote pursuant to a staff direction and the waiver of privilege would require the same type of vote from the Council; Now, Therefore, Be It Resolved by the City Council of the City of Minneapolis: That the City Council hereby waives attorney-client privilege on the May 14, 2021, memorandum from the Minneapolis City Attorney, entitled “Charter Authority of Mayor & City Council Regarding Police Department – Less Lethal Munitions Resolution by City Council,” and orders that this memorandum be made available to the public. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

State of Minnesota County of Hennepin ss. City of Minneapolis

I, Casey Joe Carl, City Clerk of the City of Minneapolis, in the County of Hennepin, and State of Minnesota, hereby certify Resolution 2021R-231 was duly presented to Mayor Jacob Frey on August 6, 2021, and was returned without his signature.

708

City Council Proceedings – August 6, 2021

The TRANSPORTATION & PUBLIC WORKS Committee submitted the following report: On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2021R-232 adopting and levying the assessments and adopting the assessment roll for sidewalk snow and ice removal charges for the 2020-2021 winter season on the list of properties dated June 30, 2021, as on file with the City Engineer’s Special Assessment Office.

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

RESOLUTION 2021R-232 By Reich

Adopting and levying the assessments and adopting the assessment roll for sidewalk snow and ice removal charges for the 2020-2021 winter season on the list of properties dated June 30, 2021, as on file with the City Engineer’s Special Assessment Office. Whereas, preliminary to the public hearing, an Administrative Hearing was held to consider any objections or comments regarding unpaid charges for repairs on public sidewalks; and Whereas, a public hearing was held on July 28, 2021, in accordance with Minneapolis City Charter, Article IX, Section 9.6(c), to consider the proposed assessments as shown on the proposed assessment roll on file with 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 list dated June 30, 2021, in the total amount of $154,633, as shown on the proposed assessment rolls on file with the City Engineer’s Special Assessment Office, are hereby adopted and levied. Be It Further Resolved that the assessments be collected in their entirety on the 2022 real estate tax statements with interest charged at 2.1%. Be It Further Resolved that the assessment roll as prepared by the City Engineer be and hereby is adopted. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0638 The Minneapolis City Council hereby approves the application submitted by Mark Rausch of the Minneapolis Downtown Council for a large block event permit to allow a concert to be held July 29, 2021, on Nicollet Mall between 9th St S and 10th St S, and to operate outside the hours permitted under Minneapolis Code of Ordinances, Section 455.35(c)(1).

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

709

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0639 The Minneapolis City Council hereby approves the application submitted by Alison Gordon of the Downtown Minneapolis Neighborhood Association for a large block event permit to allow a National Night Out event to be held August 3, 2021, on Portland Ave S between 4th St S and 5th St S, and to operate outside the hours permitted under Minneapolis Code of Ordinances, Section 455.35(c)(1).

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0640 The Minneapolis City Council hereby approves the application submitted by Mark Rausch of the Minneapolis Downtown Council for a large block event permit to allow a concert to be held August 12, 2021, on Nicollet Mall between 9th St S and 10th St S, and to operate outside the hours permitted under Minneapolis Code of Ordinances, Section 455.35(c)(1).

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0641 The Minneapolis City Council hereby approves the application submitted by Lisa Middag of the Minneapolis Downtown Improvement District for a large block event permit to allow the Nicollet Mall Street Art Festival to be held August 13-14, 2021, on Nicollet Mall between 6th St S and 8th St S, and to operate outside the hours permitted under Minneapolis Code of Ordinances, Section 455.35(c)(1).

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0642 The Minneapolis City Council hereby approves the application submitted by Holly Dockendorf of Basilica Events LLC for a large block event permit to allow the Basilica Block Party to be held September 10-11, 2021, on the streets surrounding the Basilica of Saint Mary, and to operate outside the hours permitted under Minneapolis Code of Ordinances, Section 455.35(c)(1).

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

710

City Council Proceedings – August 6, 2021

On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2021R-233 authorizing the Downtown Business Improvement Special Service District to use budget reserves for their 2022 operating plan and budget.

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

RESOLUTION 2021R-233 By Reich

Authorizing the Downtown Business Improvement Special Service District to use budget reserves for their 2022 operating plan and budget.

Resolved by The City Council of The City of Minneapolis:

That the Downtown Business Improvement District is authorized to use $375,000 of budget reserves to reduce service fees in the 2022 Operating Plan and Budget as provided for in Minneapolis Code of Ordinances, Section 465.80.

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

On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2021R-234 authorizing an exchange of property with Anoka County to facilitate electrical infrastructure improvements to the Minneapolis Water Treatment and Distribution Services campus in Fridley.

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

RESOLUTION 2021R-234 By Reich

Authorizing an exchange of property with Anoka County to facilitate electrical infrastructure improvements to the Minneapolis Water Treatment and Distribution Services campus in Fridley. Whereas, the City of Minneapolis, through its Public Works Division of Water Treatment and Distribution Services (the “City”), recently approached Anoka County (the “County”) with a request to purchase certain county-owned land situated along the Mississippi River Regional Trail in Fridley, Minnesota, which would benefit the water treatment facility by providing needed space for electrical infrastructure improvements; and Whereas, the parcels of interest total about .33 acres and are legally described in Exhibit A attached (the “Acquisition Parcels”); and Whereas, the County indicated that, although the use of the parcels is no longer needed for regional park purposes, the sale of the parcels would be considered a conversion of use and therefore require an equally valuable land exchange with the City and approval from Metropolitan Council; and

711

City Council Proceedings – August 6, 2021

Whereas, the parties agree that replacement of the .33 acres can be accomplished by the City conveying an equal amount of land on the north side of the water treatment facility, just south of Riverfront Regional Park, as legally described in Exhibit B attached (the “Conveyance Parcel”), to the County to serve as replacement land for the purchased parcels and by the County reserving an easement over the exchanged land for county trail purposes; and Whereas, City staff believes the negotiated exchange is for an adequate consideration and in the best interests of the City; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis: That the proper City officers are authorized and directed to execute the necessary documents to convey to the County the property and property interests described in the attached Exhibit B, in exchange for a deed from the County for the property and property interests described in the attached Exhibit A. Be It Further Resolved that intergovernmental transactions are exempt from various state and charter requirements and that the requirements of Minnesota Statutes, Section 462.356, are not applicable to the transaction because the subject real property is located outside of the City. Be It Further Resolved that the proper City officers are authorized and directed to execute a license agreement with the County to provide for continued use of a portion of the Conveyance Parcel for construction staging through December 31, 2022. Be It Further Resolved that the related transaction costs, fees, and services for the property exchange and license are to be paid from the appropriate departments within the Water Fund (Fund 07400, Department 6900400 or Department 9010950). On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. EXHIBIT A - LAND EXCHANGE ANOKA COUNTY TO CITY OF MINNEAPOLIS Lots 1 and 2, Block 7, BERLIN, Anoka County, Minnesota. (Abstract Property) Lots Three (3), Four (4), and Five (5), Block Seven (7), BERLIN, Anoka County, Minnesota. (Torrens Property - Certificate of Title No. 69778) Subject to the highway easement of all that part of said lots which lie easterly of the line run parallel with and distant 100 feet westerly of the following described line. Beginning at a point on the south line of Section 34, Township 30, Range 24, Anoka County, Minnesota, distant 512.7 feet east from the south quarter corner thereof, thence run northeasterly at an angle of 80 degrees 43 minutes 30 seconds with said south section line for 289.1 feet, thence deflect to the left at an angle of 5 degrees 37 minutes for 2400 feet there terminating. Reserving unto Anoka County, a 10.00 foot wide permanent easement for trail purposes, over, under and across Lots 1, 2, 3, 4, and 5, Block 7, BERLIN, Anoka County, Minnesota, lying 5.00 feet easterly of, as measured at right angles to, and 5.00 feet westerly of, as measured at right angles to, the following described centerline:

712

City Council Proceedings – August 6, 2021

Commencing at the southeast corner of Section 34, Township 30, Range 24, Anoka County, Minnesota; thence North 00 degrees 53 minutes 57 seconds West, bearing assumed, along the east line of said Section 34, a distance of 2636.40 feet to the East Quarter corner of said Section 34; thence South 89 degrees 30 minutes 15 seconds West 1999.11 feet to the point of beginning of the centerline to be described; thence South 01 degrees 26 minutes 08 seconds West 87.82 feet; thence South 03 degrees 23 minutes 14 seconds West 58.44 feet; thence South 04 degrees 44 minutes 09 seconds West 77.59 feet; thence southerly 30.89 feet along a tangential curve, concave to the west, having a radius of 250.00 feet and a central angle of 07 degrees 04 minutes 44 seconds; thence South 11 degrees 48 minutes 53 seconds West, tangential to said curve, 61.32 feet; thence South 02 degrees 37 minutes 48 seconds West 40.00 feet and said centerline there terminating. EXHIBIT B - LAND EXCHANGE CITY OF MINNEAPOLIS TO ANOKA COUNTY The northerly 43.55 feet of that part of the following described property lying west of County State Highway No. 1 also known as East River Road: All that part of Government Lot 4, Section 27, Township 30 North, Range 24 West described as follows: Commencing at a point formed by the intersection of the center line of the old United States Military road socalled, and the line dividing Sections 27 and 34, said township and range, which point is 2245.3 feet west of the southeast Section corner of said Section 27; thence northerly along the center line of said old United States Military road on a deflection of 1 degree and 38 minutes east from a line at right angles to the south line of Section 27 a distance of 366.4 feet; thence west parallel with the south line of said Section 27 a distance of 460 feet more or less to the easterly shore of the Mississippi River, thence southerly along the easterly shore of the Mississippi River intersects the south line of said Section 27; thence east along the south line of Section 27 to the point of beginning, Anoka County Minnesota. PIN: 27-30-24-43-0001 AREA: 14,281 ± sq. ft. 0.33 ± Acres

COUNCIL ACTION 2021A-0643 The Minneapolis City Council hereby authorizes an easement agreement from Burlington Northern Santa Fe Railroad for a portion of the property located at the Burlington Northern right-of-way within Irving Ave right-of-way between Laurel Ave W and Currie Ave, and releases an existing easement located at the Burlington Northern right-of-way west of Irving Ave, as further set forth in Legislative File No. 2021-00817 on file in the Office of the City Clerk.

713

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0644 The Minneapolis City Council hereby authorizes a public infrastructure improvements and maintenance easement agreement with BIT NLG III INVESTORS LLC for the 5th St N Bridge adjacent to the proposed North Loop Green III Development, as further set forth in Legislative File No. 2021-00819 on file in the Office of the City Clerk.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0645 The Minneapolis City Council hereby: 1. Authorizes a cooperative agreement with Hennepin County, whereby the City will receive an amount not to exceed $64,289.36, for work completed as part of the Grand Ave Street Reconstruction Project No. 6768 (CPV141) at the intersection of 46th St W and Lake St W.

2. Passage of Resolution 2021R-235 approving an increase of $64,289.36 in the appropriation and revenue for the Grand Ave Street Reconstruction Project.

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

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

RESOLUTION 2021R-235 By Fletcher

Amending the 2021 Capital Improvement 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 and revenue source for the Public Works Capital Fund (04100-9010937-CPV141PV) by $64,289.36.

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.

714

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0646 The Minneapolis City Council hereby: 1. Authorizes acceptance of a grant from the Minnesota Department of Transportation (MnDOT), in the amount of $170,000, for the Clean Transportation Pilot Program to support the 2021-2022 Public Works Mobility Hub Pilot projects.

2. Authorizes an agreement with MnDOT for the grant.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0647 The Minneapolis City Council hereby: 1. Approves the layout for the Near North Safe Routes to School Project along 16th Ave N from Queen Ave N to Aldrich Ave N.

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

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0648 The Minneapolis City Council hereby authorizes an increase to Contract No. C-42797 with Power/Mation Division, Inc., in the amount of $60,000 for a total amount not to exceed $302,000, and an extension through December 31, 2021, for providing Supervisory Control and Data Acquisition (SCADA) software and licensing.

715

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0649 The Minneapolis City Council hereby authorizes a contract with Short Elliott Hendrickson, Inc., for Event No. 1470, in the amount of $862,418.21, for engineering and design services for the 37th Ave NE Street Reconstruction Project for a period of four years with the option to extend the contract for one additional year.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0650 The Minneapolis City Council hereby authorizes a contract with Short Elliott Hendrickson, Inc., for Event No. 1494, in the amount of $999,136, for historic bridge rehabilitation design services for the Nicollet Ave Bridge over Minnehaha Creek (State Bridge No. 90591) for the term of three years with the option to extend the contract on an annual basis for one additional year.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0651 The Minneapolis City Council hereby: 1. Passage of Resolution 2021R-236 authorizing acceptance of a grant from the State of Minnesota, in the amount of $8,500,000, for the Central City Parallel Storm Tunnel Construction Project. 2. Authorizes an agreement with the State of Minnesota for the grant. 3. Passage of Resolution 2021R-237 increasing the appropriation for the Public Works Department by $8,500,000. 4. Passage of Resolution 2021R-238 authorizing the Local Government Special Appropriation Application.

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

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

716

City Council Proceedings – August 6, 2021

RESOLUTION 2021R-236 By Reich Authorizing acceptance of a grant from the State of Minnesota, in the amount of $8,500,000, for the Central City Parallel Storm Tunnel Construction Project. Whereas, the City of Minneapolis has applied to the State of Minnesota for a grant from the 2020 State of Minnesota Bonding Bill; and Whereas, the State of Minnesota has given notice that funding for this project has been awarded to the City of Minneapolis; and Whereas, the amount of the grant awarded to the project is $8,500,000; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis: That the City of Minneapolis does hereby accept a grant from the State of Minnesota through the 2020 State of Minnesota Bonding Bill, 5th Special Session, in the amount of $8,500,000, for the construction of the Central City Parallel Storm Tunnel Project. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. RESOLUTION 2021R-237 By Fletcher Amending The 2021 Capital Improvement 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 and revenue for Public Works Capital Department for the Sanitary Sewer and Stormwater Division (07300- 9010932-CSW040) by $8,500,000 for State Grant funds for the Central City Tunnel Project. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. RESOLUTION 2021R-238 By Reich Authorizing the Local Government Special Appropriation Application for the Central City Parallel Storm Tunnel Project. Resolved by The City Council of The City of Minneapolis: That the City of Minneapolis act as the legal sponsor for the project contained in the 2020 State of Minnesota Bonding Bill, 5th Special Session, entitled “Central City Storm Tunnel” project for the City of Minneapolis. Be It Further Resolved that the City of Minneapolis has the legal authority to receive financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration.

717

City Council Proceedings – August 6, 2021

Be It Further Resolved that the sources and amounts of the local match identified in the development proposal are committed to the project identified. Be It Further Resolved that the City of Minneapolis has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest, or other unlawful or corrupt practice. Be It Further Resolved that upon approval of its development proposal by the state, the City of Minneapolis may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that the City of Minneapolis certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. Be It Further Resolved that the Director of Public Works is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Minneapolis. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0652 The Minneapolis City Council hereby accepts the sole bid of PCI Roads LLC, submitted on Event No. 1515, in the amount of $56,893,315.75, to provide all materials, labor, equipment, and incidentals necessary for the construction of the Central City Parallel Storm Tunnel 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, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. COUNCIL ACTION 2021A-0653 The Minneapolis City Council hereby accepts the third low bid of RAM Construction Services of Minnesota LLC, submitted on Event No. 1558, in the amount of $495,310, accepting the base bid and Alternates 1 and 2, to provide all materials, labor, equipment, and incidentals necessary for the construction of the Ramp B Waterproofing and Structural Repairs 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, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

718

City Council Proceedings – August 6, 2021

COUNCIL ACTION 2021A-0654 The Minneapolis City Council hereby accepts the low bid of Vortech Hydro Vac Incorporated, submitted on Event No. 1469, in the amount of $399,339, to provide all materials, labor, equipment, and incidentals necessary for the 2021 Storm Sewer Televising 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, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

On behalf of the Transportation & Public Works Committee, Reich offered Resolution 2021R-239 designating the obstruction permit fee schedule effective on and after January 1, 2022.

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

RESOLUTION 2021R-239 By Reich Designating the obstruction permit fee schedule effective on and after January 1, 2022. Whereas, by Resolution 2001R-032, the City Council established right-of-way obstruction fee permits and a fee schedule (referenced in Petition No. 266994), in compliance with Chapters 429 and 430 of the Minneapolis Code of Ordinances; and Whereas, the obstruction permit fee schedule was subsequently amended on January 27, 2006, by Resolution 2006R-031; and Whereas, Minneapolis Code of Ordinances, Section 430.60(b) states that the obstruction permit fee requires the obstruction permit fee to “be in an amount sufficient to recover” the City’s management costs and the disruptive cost of the obstruction; and Whereas, the 2006 obstruction permit fee schedule is insufficient to recover the City’s current right-of- way management costs and the costs of the disruption to the right-of-way; and Whereas, the proposed schedule would sufficiently recover those costs, and is aligned with adopted City policies, guidelines, and goals pertaining to Complete Streets hierarchy, accessibility, people demand, and the multi-mobility needs of the City’s public right-of-way; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis: That effective on and after January 1, 2022, the fees for obstructing sidewalks, parking lanes, bike facilities, moving lanes, and alleys shall be set as follows, and that the definition of “All Other” streets shall be every city street not previously designated as Downtown or Arterial Streets: Sidewalk $1.75 per lineal foot per day for Downtown $1.00 per lineal foot per day for Arterial $0.50 per lineal foot per day for All Other (new fee)

719

City Council Proceedings – August 6, 2021

Parking lane $0.50 per lineal foot per day for Downtown $0.25 per lineal foot for per day Arterial $0.25 per lineal foot for per day All Other (new fee) Bike facility $1.50 per lineal foot per day for Downtown $0.75 per lineal foot per day for Arterial $0.50 per lineal foot per day for All Other (new fee) Moving/turn/bus lane $1.50 per lineal foot per day for Downtown $0.75 per lineal foot per day for Arterial $0.50 per lineal foot per day for All Other (new fee) Alleys $0.50 per lineal foot per day for Downtown $0.25 per lineal foot per day for Arterial $0.25 per lineal foot per day for All Other. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted. NOTICE OF ORDINANCE INTRODUCTIONS Johnson and Fletcher gave notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 14, Chapter 362 of the Minneapolis Code of Ordinances relating to Liquor and Beer: Liquor Licenses, amending regulations related to temporary expansion of licensed premises for seasonal outdoor permits. Goodman gave notice of intent to introduce at the next regular meeting of the City Council the subject matter of an ordinance amending Title 13 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations, adding a new Chapter 353 entitled “Third Party Delivery Services” to add regulations related to fees charged to affiliated businesses

INTRODUCTION & REFERRAL CALENDAR Pursuant to notice, 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, revising minimum window requirements for energy-efficient single-, two-, and three-family dwellings: Chapter 520 Introductory Provisions; Chapter 525 Administration and Enforcement; Chapter 530 Site Plan Review; and Chapter 535 Regulations of General Applicability. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

720

City Council Proceedings – August 6, 2021

Pursuant to notice, Cunningham 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 regulations for amphitheaters: Chapter 520 Introductory Provisions; Chapter 536 Specific Development Standards; Chapter 537 Accessory Uses and Structures; Chapter 541 Off-Street Parking, Loading, and Mobility; Chapter 546 Residence Districts; Chapter 547 Office Residence Districts; Chapter 548 Commercial Districts; Chapter 550 Industrial Districts; and Chapter 551 Overlay Districts.

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

RESOLUTIONS Jenkins moved to adopt Resolution 2021R-240 honoring the life and memory of Clorasteen Scott Wilson.

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

RESOLUTION 2021R-240 By Jenkins, Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Cano, Bender, Schroeder, Johnson, and Palmisano Honoring the life and memory of Mrs. Clorasteen Scott Wilson. Whereas, Mrs. Clorasteen Scott Wilson was a native of Lake Providence, Louisiana, who grew up in Gary, Indiana, where her parents instilled in her the importance of voting at a young age and maintained throughout her life that power is demonstrated at the ballot box; and Whereas, Mrs. Wilson believed the most important civic activity any single person could do is to, not only get out and vote, but to research and read up on the best candidate to represent themself and their community; and Whereas, Mrs. Wilson moved to Minneapolis sixty-four years ago where she met and wed the love of her life Kenneth Wilson, with whom she shared a blended family of six children whom she spoke of often and lovingly; and Whereas, Mrs. Wilson spent sixty-three years in the historically-Black, Bryant neighborhood where she took great pride in maintaining her beautiful home and remained connected to her family, friends, neighbors, community leaders, and elected officials; and Whereas, Mrs. Wilson held a position at the University of Minnesota as a food and nutrition educator in the inner city of Minneapolis for many years prior to retiring in 1994; and Whereas, Mrs. Wilson cared deeply about the state of public schools, the educational and employment gap, and the cost of living, among other issues; and Whereas, Mrs. Wilson became a delegate the first week of moving to Minneapolis and was involved at the local, state, and federal level to help elect candidates most closely aligned with the values and needs of her community and neighborhood; and Whereas, Mrs. Wilson was a regular attendee of her City Council Member’s monthly constituent events, providing input, staying abreast of the issues, and volunteering to help keep others informed of the issues; and

721

City Council Proceedings – August 6, 2021

Whereas, Mrs. Wilson enjoyed a life immersed in faith, activism, community service, and political and social activities, including community meetings, political events and conventions, President Jimmy Carter’s inauguration, Royal Red Hat Society and other Sabathani Seniors events, and nights dancing with her husband at the Nacirema Club in her day; and Whereas, Mrs. Wilson was inspired by, and connected to, community leaders whom she considered political greats and mentors, such as Sam and Virginia Richardson, Dorothy Woolfork, Harry Davis, and Cecil Newman, among others; and Whereas, Mrs. Wilson was a treasure and a wealth of knowledge, joy and love for her family, friends, and community; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis:

That the Mayor and City Council do hereby honor and remembers Mrs. Clorasteen Scott Wilson as a happy, brilliant, healthy, vibrant, funny, and loving woman of faith, who passed away peacefully at the age of 92 in her Minneapolis home on June 11, 2021.

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

Palmisano moved to adopt Resolution 2021R-241 honoring Mark Ruff for his service and dedication to the City of Minneapolis.

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

RESOLUTION 2021R-241 By Palmisano, Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, and Johnson Honoring Mark Ruff for his service and dedication to the City of Minneapolis. Whereas, Mark Ruff began his service with the City of Minneapolis on March 28, 2016, when he was appointed to the position of City’s Chief Financial Officer & Assistant City Coordinator for the Finance and Property Services Department and, on September 21, 2019, was designated the Interim City Coordinator before being permanently appointed to the position of City Coordinator, the City’s chief operations officer and principal advisor to the Mayor and City Council, on April 13, 2020; and Whereas, Mr. Ruff hit the ground running as the City’s Chief Financial Officer, demonstrating his financial expertise in the development of the Neighborhood Park and Street Infrastructure Plan, a landmark twenty-year funding plan between the City and the Park and Recreation Board to equitably address much- needed improvements in the neighborhood park system and city streets, including new protected bike lanes, improved pedestrian realm, and ADA accessibility, all of which will has had and will continue to have a positive and lasting impact on the City and serve the residents, businesses, visitors, and communities of Minneapolis for generations to come; and

722

City Council Proceedings – August 6, 2021

Whereas, Mr. Ruff, an ardent and life-long advocate for environmental justice and sustainability, represented the City in the Minneapolis Clean Energy Partnership, a partnership among the City and its electric and natural gas utilities, which was established to help the City reach its Climate Action Plan goals and 2040 energy goals, all as set forth in the City’s Energy Vision 2014, through the development and implementation of activities and deliverables outlined in bi-annual work plans; and Whereas, Mr. Ruff led the City enterprise through several major public events that were held in the City of Minneapolis, including the Super Bowl, NCAA Final Four, and X Games, all of which brought national and international attention and interest to the City and raised the City’s profile for similar opportunities in future years; and Whereas, Mr. Ruff was the project sponsor for the construction of the City’s new Public Service Building, which included principal responsibility for all aspects of planning, financing, development, and the 2020 opening of the new ten-story, 382,000 square foot office building that was designed to meet Leadership in Energy and Environmental Design (LEED) gold certification, B3 Sustainable Building 2030 Energy Standard, and Fitwel certification for wellness; created a centralized City campus; reduced the City’s overall real estate footprint; and advanced multiple City goals tied to climate change resilience, proactive and accessible government, environmental sustainability, clean environment, and creative amenities that include a unique collection of public art featuring several notable artists, including thirteen local artists; and Whereas, Mr. Ruff took the helm as City Coordinator weeks prior to the onset of the COVID-19 global health pandemic and provided steady leadership through some of the most complicated and multi- faceted transitions of the City enterprise to a remote work environment, and also led staff efforts to address the City’s critical financial needs, including the construction of two complete budgets in 2020 in order to maintain the City’s solvency and stability; and Whereas, in the wake of the murder of George Floyd, Mr. Ruff worked tirelessly day and night to coordinate information and decision-making during a period of intense civil unrest to ensure the safety of all people in Minneapolis and the City’s workforce; and Whereas, Mr. Ruff served as a role model, mentor, and friend to his colleagues and staff at all levels throughout the City enterprise, offering his quiet support and strength, wise counsel, and demonstrating the ability to lean in to difficult but critical discussions, leading by example with high ethics, professionalism, patience, compassion, and an unwavering drive to achieve results that uplift and sustain the community, and leaving a proud legacy that has brought the City’s executive team closer together than ever before and which will continue to have a positive impact for years to come; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis: That the Mayor and City Council do hereby commend and offer their most sincere thanks and appreciation to Mark Ruff for his exemplary service and extraordinary dedication to the City of Minneapolis and extend to him and his family their best wishes and happiness in all his future endeavors. On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

723

City Council Proceedings – August 6, 2021

NEW BUSINESS Bender moved to adopt Resolution 2021R-242 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 2021-4.

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

RESOLUTION 2021R-242 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 Whereas, the State of Minnesota peacetime emergency declaration was terminated by action of the Governor and State Legislature effective Thursday, July 1, 2021; and Whereby, the Mayor and City Council found there was a public benefit to extending the period of local emergency within the City of Minneapolis in order to provide a planned, phased elimination of its Emergency Regulations promulgated during the COVID-19 Local Public Health Emergency, pursuant to Resolution No. 2021R-177; and Whereas, subsequent to adoption of Resolution 2020R-075, Mayor Frey proclaimed Emergency Regulation 2021-4, re-establishing required face coverings for City buildings and properties; and Whereas, the City Council now desires to account for this subsequent action 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, 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 through September 30, 2021, 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 interactive technology pending a transition plan and effective date for the resumption of in-person meetings that is approved by City Council to be completed no later than September 30, 2021; and staff are directed to provide public notice on the ways in which such meetings may

724

City Council Proceedings – August 6, 2021

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. 2020-5, 2020-6, 2020-7, 2020-13, 2020-14, 2020-18, 2020-20, 2020-21, 2021-2, and 2021-4 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, Palmisano (12) Noes: (0) Absent: Johnson (1) Adopted.

Mayoral Regulation No. 2021-4 was received and filed, as set forth in Legislative Clerk File No. 2020-00003.

PROCLAMATION OF THE MAYOR Emergency Regulation No. 2021-4 Whereas, on March 16, 2020, I declared a local public health emergency related to the COVID-19 pandemic in the City of Minneapolis and assumed executive responsibilities attendant thereto; and Whereas, during the 2020-2021 public health emergency, state and local health authorities strongly encouraged all Minnesotans “to wear a manufactured or homemade cloth face covering when they leave their homes and travel to any public setting where social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) and to follow face covering guidelines issued by MDH and the CDC; and Whereas, state and local health authorities, including the leadership of the Minneapolis Health Department report recent and significant increases in COVID-19 infection rates due to the now-dominant Delta Variant COVID virus; and Whereas, given the increase in infection rates, the CDC revised its indoor masking recommendations for fully vaccinated individuals; and Whereas, the State of Minnesota peacetime emergency declaration was terminated by action of the Governor and State Legislature effective Thursday, July 1, 2021, which would otherwise immediately terminate the local public health emergency in the City of Minneapolis; and Whereas, on July 1, 2021 the Mayor and City Council, in accordance with the provisions of Section 128.50 of the Minneapolis Code of Ordinances, extended the Declaration of Local Public Health Emergency in response to the COVID-19 global health pandemic which was ratified pursuant to Resolution No. 2020R- 075, to remain in force and effect in the City of Minneapolis through September 30, 2021; and Whereas, it is a priority that race and equity be of paramount consideration in enacting and carrying out emergency regulations during the COVID-19 pandemic; and

725

City Council Proceedings – August 6, 2021

Whereas, the data shows that older individuals and those suffering from underlying conditions are prone to more severe disease, and also shows that in Minneapolis Black, Indigenous, people of color, and immigrant community members are testing positive at a higher rate with Black community members accounting for 24 percent of cases and Hispanic accounting for 18 percent of cases; and Whereas the City’s workers and other essential workers continue to provide essential services during this emergency, and some of these critical workers face an outsized risk of exposure, and we must protect these essential workers from infection; and Whereas, public health experts have determined that the use of a cloth face covering reduces the risk of transmission by an infected person as a force multiplier for physical distancing, hand washing, and other prevention measures, understanding that face coverings are not recommended as a replacement for these activities; and Whereas, according to the CDC, because COVID-19 is primarily transmitted by respiratory droplets, population density plays a significant role in the acceleration of transmission and cities like Minneapolis, the densest city in the State of Minnesota, are at a higher risk while also serving a greater proportion of vulnerable populations; and Whereas, pursuant to the authority granted to me pursuant to Minnesota Statutes, Ch. 12.29, and Minneapolis Code of Ordinances, Sections 128.50 and 128.60, I am authorized to promulgate emergency regulations to protect the public health, safety, and welfare during this declared emergency. NOW, THEREFORE, I, Jacob Frey, Mayor of the City of Minneapolis, do hereby order the following emergency regulation: 1. Effective August 4, 2021 any individual who is over age two and able to medically tolerate a face covering shall be required to cover their nose and mouth with a mask or cloth face covering in accordance with CDC guidance when inside all buildings and facilities owned or operated by the City of Minneapolis, including Minneapolis City Hall, regardless of vaccination status. 2. Effective August 4, 2021 all City employees able to medically tolerate a face covering shall be required to cover their nose and mouth with a mask or cloth face covering in accordance with CDC guidance when inside all spaces of public accommodation located within the City of Minneapolis regardless of vaccination status. Definitions 3. A space of public accommodation means a business, or an educational, refreshment, entertainment, or recreation facility, or an institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. Examples include retail stores, rental establishments, government buildings, and service establishments as well as educational institutions, recreational facilities, and service centers. 4. Cloth face-covering means a covering that fully covers a person’s nose and mouth but is not a Medical- Grade Mask. 5. Medical-Grade Mask means an N95, KN95, surgical, or other mask that would be appropriate for a healthcare setting, or a setting in which direct patient care is provided.

726

City Council Proceedings – August 6, 2021

Additional Terms 6. This Order is effective 5:00 p.m. (CST) August 4, 2021 and continuing until further notice or until it is extended, rescinded, superseded, or amended. 7. A violation of this Emergency Regulation may be enforced by misdemeanor prosecution. Minnesota Statutes § 12.45; Minneapolis Code of Ordinances § 1.30. Jacob Frey, Mayor of Minneapolis

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.

At 10:45 a.m., Bender moved to adjourn to a closed session, pursuant to Minnesota Statutes Section 13D.05, Subdivision 3(b) to receive a briefing on litigation strategy related to the litigation matter of Cathy Spann, et al. v. City of Minneapolis and Mayor Jacob Frey.

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

At 10:50 a.m., Council President Bender called the closed session to order, a quorum being present.

Present – Council Members Kevin Reich, Cam Gordon, Steve Fletcher, Phillipe Cunningham, Jeremiah Ellison, Jamal Osman (Out at 11:20 a.m.), Lisa Goodman, Andrea Jenkins (Out at 11:02 a.m.), Lisa Bender, Jeremy Schroeder, Linea Palmisano. Absent – Council Members Alondra Cano, Andrew Johnson.

Also Present – Heather Johnston, Interim City Coordinator; Jim Rowader, City Attorney; Erik Nilsson, Deputy City Attorney; Brian Carter and Greg Sautter, Assistant City Attorneys; Gia Vitali, Mayor’s Chief of Staff; and Casey Joe Carl, City Clerk.

Jim Rowader, Brian Carter, and Greg Sautter provided a briefing on litigation strategy related to the legal matter of Cathy Spann, et al. v. City of Minneapolis and Mayor Jacob Frey from 10:52 a.m. to 11:26 a.m.

At 11:26 a.m., Palmisano moved to open.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Goodman, Bender, Schroeder, Palmisano (9) Noes: (0) Absent: Osman, Jenkins, Cano, Johnson (4) Adopted.

The closed session of the City Council meeting was recorded with the recording on file in the Office of the City Clerk.

727

City Council Proceedings – August 6, 2021

At 11:28 a.m., the meeting was reconvened in open session.

Present – Council Members Kevin Reich, Cam Gordon, Steve Fletcher, Phillipe Cunningham, Jeremiah Ellison, Lisa Goodman, Lisa Bender, Jeremy Schroeder, Linea Palmisano. Absent: Jamal Osman, Alondra Cano, Andrea Jenkins, Andrew Johnson.

MOTIONS Palmisano moved to discharge the Policy & Government Oversight Committee from further consideration of the Government Structure charter amendment proposal and to refer the matter to an adjourned meeting to be held August 13, 2021.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Goodman, Bender, Schroeder, Palmisano (9) Noes: (0) Absent: Osman, Jenkins, Cano, Johnson (4) Adopted.

ADJOURNMENT At 11:43 a.m., Bender moved to adjourn to August 13, 2021, at 9:30 a.m.

On roll call, the result was: Ayes: Reich, Gordon, Fletcher, Cunningham, Ellison, Goodman, Bender, Schroeder, Palmisano (9) Noes: (0) Absent: Osman, Jenkins, Cano, Johnson (4) Adopted.

Casey Joe Carl, City Clerk

728