City of Minneapolis, MN 2016 Minneapolis City Council and Committee Meetings, 31 Aug 2016

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From YouTube: August 31, 2016 Committee of the Whole

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Minneapolis Committee of the Whole Meeting

A

Alright good morning, I am calling to order a regularly scheduled meeting of the committee of the whole. My name is Elizabeth glidden I'm, that chair of this committee and we are joined today by council members, Gordon Cano.

B

A

Vendor Andrew Johnson yang Quincy, ah Council, President, Johnson I'm, just looking to see who else is coming so and we are a quorum of the committee.

A

We have one uh this actually isn't a discussion item. This is just a referral or notice. This is setting a public hearing, 4 sep tember 21st 2016 at the committee the whole to consider an ordinance amending title, 2 of the Minneapolis code of ordinances relating to administration, adding a new chapter, 18 a for a target market program and so I'm going to ask my cog that we can vote to set that public hearing. uh Any discussion on that. Seeing none on approval, please say aye I posed and that public hearing is set.

A

Councilmember Cano.

C

Thank you, madam chair I would like to make a motion to amend today's agenda to have us take up a discussion on the minimum wage. Current appeal at the Supreme Court.

A

Okay, thank you and kel Mercado I had understood. You wanted to ask a question. The city attorney before formally making that motion I just wanted to allow you, the privilege of making asking.

C

A

If you want to.

C

Get theirs and will vote.

A

On your motion to amend their.

C

So the intent is to make a motion to amend today's agenda, so we can have a conversation about the appeal. That's currently active at the Minnesota Supreme Court on the minimum wage issue, and it's twofold. One is a question: I've been getting a lot of questions for my residents about whether or not the city can appeal can withdraw our appeal from the supreme court process and that's a question that I would like to ask our city attorney to see if she can tell us what does that process like?

C

Is it possible now, after hearing the oral arguments yesterday, can we withdraw our appeal and then the my intent? This is to make a motion to have the city withdraw our appeal. So.

A

So I wanted to because just please let I want it. I think that if someone who has a phone on could turn that one off, thank you.

A

So sorry about that, I got distracted by the phone, so Susan miss seagull. If you would be able, just as we are informally talking here, which we can always do in a committee answer counselor mikanos question a manager.

D

Councilmember Cano, because this matter involves something that's currently pending before the courts. I, don't think it's appropriate for me to answer that question without their first, without their first being a vote on whether this council wants to waive the attorney-client privilege. I am bound by the rules of Professional Responsibility, okay,.

A

Thank you and I just want to ask. If we can, please do our business. We are have council members who have motions before us. We have questions that are important to the public listening as well as to the council members to hear the answers. Thank you, Miss eagle, all right. So then councilmember condos motion is there something else you wanted to add to that councilmember kind of yeah.

C

In terms of transparency and clarity in the process, so that our residents, our citizens and our voters can understand and be a part of the conversation here, I would like to see if we can waive our client/attorney privilege to be able to respond to this question of whether or not procedurally, it is possible for us to withdraw the city appeal at this moment in time, because I don't want to make a motion on something. That's not possible procedurally possible to do.

C

Do you see what is that clear, I, don't I, don't want to make a motion to withdraw the city appeal if it's not legally possible for us to a drug. The appeal, given that we heard oral arguments yesterday so I just want clarity from the city attorney about whether that we can do that. Okay, so.

A

Essentially, I think this would be a motion to amend the agenda for the purposes of two than motions that you have identified. One was is about waiving this, the attorney-client privilege- and the second would be depend the answer on that about withdrawal, the appeal okay, correct. So we have a for us a motion to amend the agenda for the purposes of adding those two items and any further discussion on that motion.

A

Councilmember fry council.

E

Member glyn just to get some clarification, so the motion is to do what two things again. The.

A

Motion is just to demand the agenda, but councilmember Cano has described.

E

A

Her purpose to amend the agenda would be, which would be to add two items. One would be to ask us to vote on whether or not to waive the city's. The attorney-client privilege to have the city attorney talk about something that she has identified as being covered by attorney-client privilege. The second would be about her her question about a vote on withdrawing the appeal regarding the petitions, so.

E

A

There so what would be before us right now is just a motion to amend the agenda. That would then allow consideration of those those questions and so I think your boat on a motion to amend the agenda is a little bit dependent. Whether you think that those are things that you want to vote up.

E

Thank you, madam chair, so I'll just speak to that briefly. Okay, thank you. um I I support councilmember Khanna's motion to amend the agenda.

E

However, I do not support the decision to waive attorney-client privilege as I believe that's against the the city's interest as a whole. um So I think, let's vote so I guess. The first vote is to amend the agenda and I will be voting yes and then I'll guess I'll speak to the second okay.

A

Any further comment on the motion to amend the agenda council member Gordon.

F

Allah support this motion too I think just kind of a courtesy, and obviously this is critically important issue. That's before the city right now and I've gotten a lot of questions in the last few weeks about what is the standing of the appeal? What authority do we have since we last talked about this issue?

F

There was a very powerful court opinion they came out, which obviously was on my side of the decision we made and I think there might be other council members who want the opportunity to express how that may have impacted their views over the courses of time. So I'll be supporting that put this on the agenda, so we can discuss it properly before the committee.

A

Okay, any other discussion on the motion to amend the agenda council member bender. Thank.

B

You, madam chair, um I, too, am willing to extend the professional courtesy to my colleagues, but I wonder you know I hope in the future. We can expect the same courtesy in return I'm. So one question I have is why: why haven't we? You know scheduled briefings with council members that would not violate attorney-client privilege.

B

I I hadn't heard about this motion coming before us that we don't always do that, but as somebody who's about to vote in favor of putting this on the agenda, I just wish some of these um information pieces had been shared, or perhaps we could have had a special closed session as we often do. We did last time after a council meeting a closed session.

B

Attorney-Client privilege is often used to provide council members with information, for example, in this case, when we have a pending legal matter, so I'm just kind of confused as to why this is coming in this way, I I'm all for transparency in government, but we're also running a city here.

A

All right um and and I just kind of as a side note. I know I don't know if the clerk's office can help me, I'm not able to get the speaker management open. So I'm having a little problem there. um You know I will say. I came into this meeting honestly saying: I would not support the motion to amend the agenda. You know. I I, frankly, am open to many agenda. If we're just able to vote on this, these items, I, don't support either item. So I want to be clear about that.

A

I'm happy to say my reasons why so I will, and so the motion right now is a motion to amend the agenda. Any further discussion, seeing none on approval, please say: aye aye opposed, nay,.

G

A

Right that motion passes. So the first item was a motion by councilmember Cano to have the city attorney wave, her attorney client privilege to talk about.

A

What well, once you restate how you are framing your question: counselor Mikado I'll, make sure I understand that, yes,.

C

So my my baseline intent here is to ask us, as a council body, to withdraw our appeal that is currently being heard at the Minnesota Supreme Court.

C

It is my understanding, based on what we just heard from the city, attorney that in order to entertain such emotion, because I am asking for information before making that motion, we would need to wave our attorney/client privilege so that our city attorney can, in this space with our voters, have a conversation about whether or not procedurally, we as a city can withdraw the the appeal at this moment in time.

C

So I'm asking for a point of information which requires us to waive our attorney/client privilege and I just sent an email to to our attorney to see if there's any way that we can really curtail that that waiver to just address this very specific question and then based on the information we get on that see. If, if we can consider a motion to withdraw the.

A

So all right, so that the question is whether the city attorney can give us advice on whether at this point, if council members wished to vote that way, we could withdraw an appeal to the Supreme Court. Where oral argument has already happened and my understanding is the Supreme Court has stated that they would issue some form of opinion by the end of this week and miss Eagle. If you could just one more time, explain why you believe that that is covered under attorney-client privilege. I just want to make sure the council members understand that so.

D

Madam chair and councilmember Cano for two reasons: one its attorney work product on because we're in the middle of litigation. Second, it's providing advice, legal advice to the council, so it's just generally covered under the attorney-client privilege.

A

Okay, all right um and again I still can't get on my speaker management. So I don't know if someone could come down and help me.

H

Your adam president, we had the CMP meeting rescheduled and because of zmp meeting using speaker management, it's been screwed up the systems not working right now, so I would suggest you use the readspeaker cards. Ok,.

A

B

Did you open speaker manage.

A

If someone could walk down here and help me, yes, I've opened it it's, so you know that probably the easiest way otherwise we'll just use the card, so I can see con people comment. So all right. So that motion is a clarified, councilmember, Gordon's and Q, and then I want to put myself. Thank you.

F

Well, I'll support the motion. I think we just need to hear a little bit of clarity about whether we have any authority and we can withdraw an appeal when it's in the lap or whatever on the desk of the Minnesota Supreme, Court and I, don't even know if that's legally an option so I think um taking away the attorney-client privilege just to hear answers on. That would be really helpful for me at this point, Sol's worth motion: okay,.

A

um Well, I generally think it is a bad idea, setting a bad precedent for us to wave our attorney/client privilege around items where we are getting legal advice from our attorney. I guess: I'll just speak from my own experience, a little bit, which is just to say, I, have never heard of a situation where there's a withdrawal at this point to the Supreme Court, and maybe there is again it's sort of at a far down the path.

A

Procedurally, where the oral argument has happened, we know the Supreme Court is going to rule within approximately two days and other than situations where there's actually a settlement of a case, which is a situation. Then, when you say to the court, you don't need a rule because the parties have resolved whatever was their dispute, and this is not that type of situation.

A

So my just supposition is this is something that is not a question. That's been explored very often whether a appeal could be withdrawn at this stage. So the motion before us again is to vote on whether to waive the attorney-client privilege any further comment or discussion from colleagues councilmember bender.

B

Thank you, madam chair I. Don't know how any council number could responsibly vote for this with no information. Aside from what we have heard in front of us today, there would have been an opportunity for briefings by our attorney, which would have prepared us differently for this vote, but that did not happen so again. I would hope in the future, if we're making important decisions like this, that some of this preparatory work is done in order to allow us to make decisions with information that we cannot get here right in front of everyone.

B

But I can't vote for this right now, with the information that I have any.

A

Further discussion any further discuss, so if we could, please just allow the finalization of the discussion on this item. Any further discussion see none own approval of the motion. Please say aye I on opposed, say, nay, nay, and that motion fails. Second, a council member Cano. Did you want to make a second motion.

C

C

Was really hoping we could have an informed conversation here with our residents and voters to get the information needed for me to be able to make the second motion so I'm not going to I'm not going to make the motion to withdraw the appeal, because I need the city attorney to be able to respond to some of those questions, and those questions were not allowed to be answered at the space right now and and I just feel like. We know we need.

C

We needed that information to be able to have me make that that second motion, so I I, don't want to pretend that a motion to withdraw the appeal without without that information is viable and in any way shape or form. So I appreciate you, council, vice-president glidden, in allowing me to bring forward my amendments to the agenda and to try to have this conversation. I. Think many of you know my position on this issue and.

C

I'm really disappointed that our city resources are being used to keep people in poverty, so I'm. Sorry.

A

So we'll continue on with our reports of committees, development and regulatory services with the vice chair, come from the tribe.

E

Thank you, madam vice president, we have 10 items on the agenda for today. However, the 10th item will be referred report to the zoning and planning committee, so I will not be forwarding it to the full council. It subsequently going to the Transportation Committee. The first item is the 2015 Department of Housing and Urban Development consolidate annual performance and evaluation report items two three and four our land sales items. Five is a rental dwelling, license denial, I items, six, our license business and gambling applications. Seven is the city of Minneapolis partnership.

E

Applications to the National Endowment for the Arts. Eight is a proposed restructuring of existing neighborhood revitalization program and then item 9 is a director's fee schedule for a vast gas burner fee permit structure and, as I mentioned item number 10 I will not be forwarded to the full council. This friday happy to stand for any questions. All.

A

Right, thank you. Next, we have health environment and community engagement with councilmember Gordon.

F

Thank you very much, madam vice president, the health, environmental community engagement committees, bringing forward in.

A

Tomatoes, the door, please thank you where.

F

We'll be bringing five items forward for approval on Friday. The first item is two appointments to our Minneapolis Advisory Committee on Aging Mary Tracy from Ward 1 and Richard giboney from Ward. 3. Second item is accepting a grant from Hennepin County for twenty four thousand dollars to provide services at school-based. Clinics. Third item is accepting a grant from the federal Centers for Disease Control and Prevention in the amount of 1 million seven hundred thousand dollars.

F

This is over five years and this is a grant that will help us work on preventing youth violence dating violence and also youth violence. More generally, if I'll just note that I'm there out of 100 points in this grant application, we got 99. So it was a great application and I'm glad to be receiving that fourth items authorizing some amendments to community wellness contracts, basically just to extend those with three agencies that we're contracting with, and the last item is authorizing, a joint powers, agreement and Memorandum of Understanding for youth curfew, truancy services.

F

This is fairly significant because this will authorize a joint powers, agreement and memorandum of understanding with the city, hennepin county and minneapolis public schools to keep our juvenile supervision center operating and also keep those support, services and resources there, so that we can help meet the needs of you that are getting involved with Caribbean currency issues.

A

Thank you Thank You councilmember Gordon, our intergovernmental relations committee will be meeting shortly. Next, we have Public Safety civil rights, emergency management with councilor Yang.

I

Thank you, madam vice president, and today we have eight items for your consideration for Friday of those eight items, three are donations to the city three or grant acceptances, and one is a contract with the University of Minnesota veterinary clinic for veterinary services and the last one that is maybe a little bit more interesting is a MoU with the Metropolitan Police Department of DC for police officer participation at the presidential inauguration task force. That's all we have Thank.

A

You councilmember yang next we have ways and means with councillor Quincy.

J

Thank you, madam vice president ways means has 14 items for consideration on Friday. First is a legal settlement with City Church versus the city of Minneapolis. We have a contract amendment with Kirby Kennedy for court reporting, a grant application for substance, abuse and mental health services administration, a low bid with messenger construction company for minneapolis convention center, exhibit hall entry fronts, bid for Huff core for minneapolis convention center for operable wall partition, partition replacement.

J

It's also a contract amendment with Iowa and associates corporation for fridley softening plant, also, a contract amendment with more con construction for elevator upgrade item number 8 is a contract for architectural and engineering services with walled architects. That's for fire stations number for number. Eight of those renovation projects. Number nine is a HUD 2016 consolidated plan. Final department allocations item is a contract with FR, secure information, security, consulting for payment standards, compliance services, 11 is contract with insight, public sector for ongoing software and workforce workflow support services. 12 is a contract meant with delta works.

J

Llc continued support services. We have a contract amendment with Fager EBD, consulting for federal representation services, and the final item is the fridley filter water plant rehabilitation project. This is a license. Agreement with anoka county will be happy to answer any questions on those 14 items. Thank.

A

You councilmember Quincy and finally, we have a zoning and planning report um councilmember vendor. Thank.

B

You, madam chair, we just at nine-thirty, had a rescheduled meeting of the zoning and planning committee. We have nine items that came through this morning. Item one is a landmark designation item two was postponed item three is about accessory dwelling units item four was opting out of the state's temporary family health care of dwellings. Item 5 is a downtown public realm framework plan that we referred to tpw item six is amending our heritage preservation ordinances to align, how we appoint members item seven with the other commissions item.

B

Seven is about airport noise regulations, moving them from the zoning code to the building code and items eight and nine or staff referrals for new ordinances. Thank.

A

You and then transportation, Public Works is not on this reports of committee list, but my understanding is council, my right head and announcement or a couple items to describe that.

K

Is correct, madam vice president, this item was approved in tpw in august eighth meeting, but was postponed in ways and means on august fifteenth to allow for further review by staff. It was approved by ways and means in August twenty-ninth. Therefore, the committee will be advancing the consideration today and it's advanced metering, infrastructure request for proposals and it's authorizing issuance of requests for proposals for that service, and I will move that or I'll be moving the item on friday.

K

A

Right, thank you very much. We have concluded with our committee reports. Then we have no further business before this committee. I will just note that we are going immediately from this committee into our intergovernmental relations committee and we have a lot of people who are here to participate in that, and they will need just about three to five minutes to do the media piece so that we're we're on air for the Intergovernmental relations committee. So you can expect that. Thank you to committee the whole and we are adjourned.