Business, Inspections, Housing & Zoning Committee Agenda 11/9/2023 10:00 AM

Business, Inspections, Housing & Zoning Committee Agenda

Standing Committee of the City Council
and
Minneapolis Community Development Agency Operating Committee
Minneapolis, Minnesota

Regular Meeting

November 9, 2023 - 10:00 am

Room 317, City Hall

Members Present: Council Members Lisa Goodman (Chair), Michael Rainville, Jeremiah Ellison, Jason Chavez, and Aisha Chughtai (Quorum: 4)

Members Absent: Council Member Jamal Osman (Vice-Chair)

Clerk: Lisa Brock, (612) 673-2216

Public Hearing

2 Bucheron, 4257 Nicollet Ave, (Ward 8) for On Sale Liquor with Sunday Sales, No Live Entertainment, and Sidewalk Cafe licenses (2023-01072)
1. Considering an application for Bucheron, 4257 NICOLLET AVE Minneapolis, MN, (Ward 8) submitted by Little Sprout Hospitality, LLC, BLFood, LIC411197 for a Sidewalk Cafe license, subject to final inspection and compliance with all provisions of applicable code and ordinances.
2. Considering an application for Bucheron, 4257 NICOLLET AVE Minneapolis, MN, (Ward 8) submitted by Little Sprout Hospitality, LLC, BLLiquor, LIC411188 for On Sale Liquor with Sunday Sales, No Live Entertainment license, subject to final inspection and compliance with all provisions of applicable code and ordinances.
Action Taken: Approved
3 Land Sale: 614 33rd Ave N (2023-01014)
1. Passage of Resolution authorizing the sideyard sale of the southern portion (approximately 1,622 sq. ft.) of the property at 614 33rd Ave N (Disposition Parcel No. TF 905A) to McKinley Community for $500, subject to conditions.
2. Passage of Resolution authorizing the sideyard sale of the northern portion (approximately 1,622 sq. ft.) of the property at 614 33rd Ave N (Disposition Parcel No. TF 905B) to Lakari Smith and George Smith for $500, subject to conditions.
Action Taken: Approved
4 Land Sale: 1104 Logan Ave N (2023-01013)
1. Passage of Resolution authorizing the sideyard sale of the property at 1104 Logan Ave N (Disposition Parcel No. TF 1021) to Chedrua Yanlecheuyin and Jianeujongai Yanlecheuyin for $1, subject to conditions.
2. Authorizing the release of the conservation easement at 1104 Logan Ave N to allow for the re-combination with 1100 Logan Ave N as a home has already been built across the property line.
Action Taken: Approved
5 Land Sale: 3515 Dupont Ave N (2023-01012)
1. Passage of Resolution authorizing the sideyard sale of the southern portion (approximately 2,512 sq. ft.) of the property at 3515 Dupont Ave N (Disposition Parcel No. TF 837A) to Samantha J Kulas entity for $5,000, subject to conditions.
2. Passage of Resolution authorizing the sideyard sale of the northern portion (approximately 2,512 sq. ft.) of the property at 3515 Dupont Ave N (Disposition Parcel No. TF 837B) to Gary A Schollmeier and Kitrina A Stratton for $5,000, subject to conditions.
Action Taken: Approved

2023 Levy for Special Assessments relating to nuisance condition abatement, unpaid administrative enforcement fees and fines, and renter relocation assistance (2023-01119)

View Items

#	Item Description
1	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost of abating nuisance conditions in accordance with Chapter 227 of the Minneapolis Code of Ordinances for levy numbers 1080, 1081, 1084, 1160, and 1161.
2	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost for unpaid administrative citations and civil fines issued in accordance with Chapter 2 of the Minneapolis Code of Ordinances for levy number 1089.
3	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties for unpaid administrative citations and civil fines issued in accordance with Chapter 2 of the Minneapolis Code of Ordinances for levy number 1090.
4	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost of emergency demolition and boarding in accordance with Chapter 85 of the Minneapolis Code of Ordinances for levy number 1092.
5	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost of demolishing properties in accordance with Chapter 249 of the Minneapolis Code of Ordinances for levy number 1095.
6	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost for registering vacant properties in accordance with Chapter 249 of the Minneapolis Code of Ordinances for levy number 1096.
7	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost relating to reinspection fees in accordance with Chapter 244 of the Minneapolis Code of Ordinances for levy number 1097.
8	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost of securing any building or structure rendered uninhabitable or unoccupied and open to trespass as a result of lawful police action in accordance with Chapter 171 of the Minneapolis Code of Ordinances for levy number 1098.
9	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost for unpaid administrative citations and civil fines issued in accordance with Chapter 2 of the Minneapolis Code of Ordinances for levy number 1121.
10	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost for unpaid administrative citations and civil fines issued in accordance with Chapter 2 of the Minneapolis Code of Ordinances for levy number 1125.
11	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost for unpaid administrative citations and civil fines issued in accordance with Chapter 2 of the Minneapolis Code of Ordinances for levy number 1126.
12	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost for garage demolition issued in accordance with Chapter 249 of the Minneapolis Code of Ordinances for levy number 1159.
13	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost for unpaid administrative citations and civil fines issued in accordance with Chapter 2 of the Minneapolis Code of Ordinances for levy number 1165.
14	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost relating to reinspection fees in accordance with Chapter 525, Section 570 of the Minneapolis Code of Ordinances for levy number 1176.
15	Passage of Resolution directing the Director of the Hennepin County Property Taxation Department to place assessments against certain properties to defray the cost of renter relocation assistance in accordance with Chapter 244, Section 1950 of the Minneapolis Code of Ordinances for levy number 1184.

Action Taken: Approved

7 550 West Lake Street Tax Increment Financing (TIF) Plan (2023-01091)
1. Passage of Resolution approving the Tax Increment Financing (TIF) Plan for 550 West Lake Street Affordable Housing at 550 West Lake St.
2. Passage of Resolution authorizing the issuance of a "Pay-As-You-Go" TIF Note to 550 West Lake Street Apartments LP or an affiliated entity in a principal amount not to exceed $785,000.
3. Authorizing a Tax Increment Financing (TIF) assistance contract and other necessary documents related to the recommended action with 550 West Lake Street Apartments LP or an affiliated entity
Action Taken: Approved
8 Regulation of tobacco dealer licenses at commercial malls ordinance (2023-00171)
1. Passage of Ordinance amending Title 13, Chapter 281 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations: Tobacco Dealers, amending regulations to provide a limited license spacing exemption for qualifying commercial malls.
Action Taken: Returned to author

Quasi-Judicial Hearing

9 Variances and site plan review appeal: Gretchen Arana, 5005 Lyndale Ave S (2023-01075)
1. Considering an appeal submitted by Gretchen Arana regarding the following decisions of the City Planning Commission (PLAN16894) for a new, four-story residential building with 20 dwelling units for the property located at 5005 Lyndale Ave S:
  1. Approving a variance to reduce the minimum reverse corner front yard requirement along 50th St W from 31 feet to 15 feet to allow the building wall.
  2. Approving a variance to reduce the minimum corner side yard setback requirement along 50th St W from 10 feet to 4 feet for the building wall and stairway landing, and to 0 feet for the stairs and retaining wall.
  3. Approving a site plan review for a new, four-story residential building with 20 units.
  Clerk note: Due to a noticing error, this agenda item will be continued to the Nov 29, 2023, adjourned BIHZ meeting.
Action Taken: Continued to meeting of Nov 29, 2023

Joint Public Hearing with Minneapolis Community Development Agency Operating Committee

10 North Market LLC, Pillsbury United Communities, and Buildings Properties Holding, LLC bond issuance for multiple addresses (2023-00969)
1. Passage of Resolution giving approval to and authorizing the issuance of Series 2023B bonds to refinance outstanding debt obligations, fund any reserve accounts and pay issuance costs on behalf of Pillsbury United Communities and North Market LLC.
  
  Action Taken: Approved
2. Referring the matter to the Minneapolis Community Development Agency (MCDA) Board of Commissioners to consider Passage of Resolution authorizing the issuance and sale of Series 2023B Bank Qualified Bank Direct revenue bonds on behalf of Pillsbury United Communities, and North Market LLC.
  
  Action Taken: Received and filed
3. Passage of Resolution giving approval to and authorizing the issuance of Series 2023A bonds to refinance outstanding debt obligations, fund any reserve accounts and pay issuance costs for multiple properties on behalf of Pillsbury United Communities and Buildings Properties Holding, LLC.
  
  Action Taken: Approved
4. Referring the matter to the Minneapolis Community Development Agency (MCDA) Board of Commissioners to consider Passage of Resolution authorizing the issuance and sale of Series 2023A Bank Qualified Bank Direct revenue bonds on behalf of Pillsbury United Communities, and Buildings Properties Holding, LLC.
  
  Action Taken: Received and filed

Consent

11 Liquor license approvals for November 9, 2023 (2023-01068)
1. El Sazon Cocina & Tragos, 5309 LYNDALE AVE S Minneapolis, MN, (Ward 11) submitted by El Sazon Cocina & Tragos LLC, BLLiquor, LIC410886
  
  Action Taken: Approved
2. TXT Wine & Spirits, 700 WEST BROADWAY Minneapolis, MN, (Ward 5) submitted by TXT LLC, BLLiqOff, LIC406445
  
  Action Taken: Sent forward without recommendation
3. Fusion Pancake House & Bistro, 5001 34TH AVE S Minneapolis, MN, submitted by Fusion Pancake House & Bistro Inc, BLWine, LIC411345
  
  Action Taken: Approved
4. The Bungalow Club, 4300 LAKE ST E Minneapolis, MN, (Ward 2) submitted by Ham Hands LLC, BLAmend, LIC411380
  
  Action Taken: Approved
5. Gidi Bar and Lounge, 322 1ST AVE N Minneapolis, MN, (Ward 3) submitted by Club Gidi LLC, BLLiquor, LIC409400
  
  Action Taken: Approved
12 Liquor License Renewals for November 9, 2023 (2023-01069)
1. Nye's Bar, 112 HENNEPIN AVE E Minneapolis, MN, (Ward 3) submitted by Hennepin Jakes Inc, BLLiquor, LIC358426
2. Jasmine 26 Restaurant & Bar, 8 26TH ST E Minneapolis, MN, (Ward 10) submitted by Jasmine 26 Inc, BLLiquor, LIC75826
3. Pat's Tap, 3510 NICOLLET AVE Minneapolis, MN, (Ward 8) submitted by Uncle Pearle LLC, BLLiquor, LIC76510
Action Taken: Approved
13 Contract amendment with Midwest Urban Strategies for employment and training services (2023-01064)
1. Authorizing an extension of contract COM4795 with Midwest Urban Strategies for 13 months, through September 23, 2024, for employment and training services.
Action Taken: Approved
14 Upper Harbor Community Performing Arts Center noise variance (2023-01078)
1. Authorizing staff to request a variance from State noise standards from the Minnesota Pollution Control Agency (MPCA) to allow the Community Performing Arts Center (CPAC) to operate under industry standards.
Action Taken: Approved
15 Parkland Dedication Fee Waiver: Exeter Marshall (2023-01081)
1. Passage of Resolution granting a waiver of 75% of park dedication fee requirements associated with the Exeter Marshall development project at 1500, 1516, and 1600 Marshall Street NE in exchange for private land maintained for public use.
2. Authorizing staff to execute a Parkland Development and Easement Agreement between the City of Minneapolis, Minneapolis Park and Recreation Board, and Exeter Marshall LLC.
Action Taken: Approved
16 Carryforward of Year 2023 Tax Exempt Housing Revenue Bonds (2023-01079)
1. Passage of Resolution authorizing the carryforward of unused Year 2023 Tax Exempt Housing Revenue Bonds for the Multifamily Housing Program.
Action Taken: Approved
17 Access agreements related to environmental grant funding provided by the Minnesota Pollution Control Agency (2023-01087)
1. Passage of Resolution authorizing the Director of the Department of Community Planning and Economic Development to execute access agreements related to environmental grant funding provided by the Minnesota Pollution Control Agency.
Action Taken: Approved
18 Decertification of the Lowry Ridge (#80) and 10th & Washington (#95) Tax Increment Financing Districts (2023-01086)
1. Passage of Resolution approving the decertification of the Lowry Ridge Tax Increment Financing (TIF) District as of December 31, 2023, and directing the City’s Finance Officer to establish any appropriations necessary to return surplus tax increment from the TIF district funds to Hennepin County for redistribution.
2. Passage of Resolution approving the decertification of the 10th & Washington Tax Increment Financing (TIF) District as of December 31, 2023, and directing the City’s Finance Officer to establish any appropriations necessary to return surplus tax increment from the TIF district funds to Hennepin County for redistribution.
Action Taken: Approved
19 Alley Vacation: Minneapolis College of Art and Design, 2501 Stevens Ave (2023-01088)
1. Approving an application submitted by the Minneapolis College of Art and Design to vacate (VAC-1771) the north-south public alley located between Stevens Avenue and the former 2nd Avenue South, north of 26th Street East.
2. Passage of Resolution vacating the north-south public alley located between Stevens Avenue and the former 2nd Avenue South, north of 26th Street East (VAC-1771).
3. Approving an application submitted by the Minneapolis College of Art and Design to vacate (VAC-1780) the east-west public alley easement located between Stevens Avenue and the former 2nd Avenue South, north of 26th Street East.
4. Passage of Resolution vacating the east-west public alley easement located between Stevens Avenue and the former 2nd Avenue South, north of 26th Street East (VAC-1780).
Action Taken: Approved
20 3030 Nicollet Project Tax Increment Financing (TIF) Plan and Housing Revenue Bond Issuance (2023-01092)
1. Setting a public hearing for November 28, 2023, to consider a Tax Increment Financing Plan and the issuance of housing revenue bonds for the 3030 Nicollet project located at 3030 Nicollet Ave.
Action Taken: Public hearing set for Nov 28, 2023
21 Regulation of tobacco products ordinance (2023-00863)
1. Setting a public hearing for November 29, 2023, to consider an ordinance amending Title 13, Chapter 281 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations: Tobacco Dealers, amending various provisions related to the regulation of tobacco products.
Action Taken: Public hearing set for Nov 29, 2023
22 Body art ordinance (2023-00992)
1. Setting a public hearing for November 28, 2023, to consider an ordinance amending Title 13, Chapter 339 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations: Body Art Code, amending provisions to more closely align with the State Body Art Code and to allow for more temporary tattooing or piercing events in a calendar year.
Action Taken: Public hearing set for Nov 28, 2023
23 Window cleaning ordinance (2023-00990)
1. Setting a public hearing for November 29, 2023, to consider an ordinance amending Title 13 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations, adding a new Chapter 354 entitled "Window Cleaning" establishing provisions related to licensing, business regulations, worker training requirements, and safety.
Action Taken: Public hearing set for Nov 29, 2023
24 Pedicab ordinance: Operations and vehicle standards (2023-00997)
1. Setting a public hearing for November 28, 2023, to consider an ordinance amending Title 13, Chapter 305 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations: Pedicabs, amending provisions related to operations and vehicle standards.
Action Taken: Public hearing set for Nov 28, 2023
25 Rental dwelling pre-leasing ordinance (2023-01005)
1. Setting a public hearing for November 29, 2023, to consider an ordinance amending Title 12, Chapter 244 of the Minneapolis Code of Ordinances relating to Housing: Maintenance Code, amending provisions relating to pre-leasing of dwelling units in new rental construction.
Action Taken: Public hearing set for Nov 29, 2023

Receive & File

26 2022 Annual Tax Increment Financing Disclosure Statement (2023-01090)
1. Receiving and filing the 2022 Annual Disclosure Statement on the City's use of tax increment financing, submitted in accordance with Minnesota Statutes, Sections 469.175, Subdivisions 5 and 6.
Action Taken: Received and filed

Discussion

27 Exterior building materials ordinance (2023-00609)
1. Passage of Ordinance amending Title 20, Chapter 550 of the Minneapolis Code of Ordinances relating to Zoning Code: Development Standards, amending site plan review standards to reference new exterior building materials guidelines.
Action Taken: Approved as amended
28 Rezoning: 625, 629, 641, 643, 649, 653, 655, 659, 705, 711, 715, 719, 723, 727, 733, 737, 741, 747, and 751 Van Buren St NE, and 901 Summer St NE (2023-00777)
1. Approving a rezoning (PLAN16604) of the properties located at 625, 629, 641, 643, 649, 653, 655, 659, 705, 711, 715, 719, 723, 727, 733, 737, 741, 747, and 751 Van Buren St NE, and 901 Summer St NE from the BFC6 Corridor 6 Built Form Overlay District to the BFI3 Interior 3 Built Form Overlay District, retaining the UN2 Urban Neighborhood District.
2. Passage of Ordinance amending Title 20, Chapter 530 of the Minneapolis Code of Ordinances related to Zoning Districts.
Action Taken: Continued to meeting of Nov 28, 2023
29 Commercial Property Development Fund (CPDF) loan for El Guanaco Properties LLC: 501 E Lake St (2023-01089)
1. Authorizing a $200,000 Commercial Property Development Fund Loan to El Guanaco Properties, LLC or its assigns to assist in the acquisition of the property located at 501 E Lake St.
Action Taken: Approved
30 Prolonged vacancy at commercial and residential properties update (2023-00652)
1. Receiving and filing a report relating to the Prolonged Vacancy Legislative Directive.
Action Taken: Received and filed
31 Environmental Justice Checklist Legislative Directive Presentation (2023-01093)
1. Receiving and filing a response to the legislative directive related to environmental justice checklist.
Action Taken: Received and filed

Committee actions will be referred to the next Council meeting: Nov 16, 2023

Next Business, Inspections, Housing & Zoning Committee meeting: Nov 28, 2023

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