A settlement that's aimed at ending the pumping of groundwater into the Chain of Lakes from a luxury apartment building in Uptown won City Council approval Friday.
The consent agreement sets a March 31 deadline for Lake and Knox LLC to end discharge from 1800 W. Lake St., a 57-unit building. It is required to fill the lower of its two basement parking levels by then so that pumps can be shut off. The owners plan to offer valet parking for tenants until that lost parking can be replaced on an adjacent lot.
Area Council Member Lisa Goodman said the settlement's chief environmental contribution is ending the flow of an estimated 75 pounds annually of algae-feeding phosphorus borne by pumped groundwater into the lake. But she said it sends a signal to developers that ignoring city orders to halt such pumping won't be tolerated.
“I don’t think anyone else would be stupid enough to take this route,” Goodman said. The deal is expected to win Hennepin County District Court approval.
The city and Minnesota Department of Natural Resources already have issued permits that allow the pumping to continue legally during the basement work. Lake and Knox also is required to apply to the U.S. Department of Housing and Urban Development and its mortgage holder for permission to proceed.
If that approval doesn't come by Monday, when construction is scheduled to start, the owners get up to a two-week extension, but the March 31 deadline doesn't change.
If Lake and Knox misses that deadline, it faces a $5,000 daily penalty while it keeps pumping. But that penalty is cut to $1,000 daily if it's because HUD and its lender didn't act in time.
The agreement levies a total of $205,710 in penalties against Lake and Knox, with another estimated $78,000 to come. That represents city costs for extending piping onto Lake Calhoun to minimize unsafe ice in the lagoon between Calhoun and Lake of the Isles, the extra cost of cleaning a sewer grit-collecting chamber, and a fee for using city sewers. The Park Board separately is claiming about $32,000 for its costs.
Lake and Knox LLC consists of developers Nick Walton and Daniel Oberpriller, along with other unnamed investors. It still has financial claims pending against engineering firms that provided soil and engineering studies for the project.
The issue began when the city and state approved temporary permits for pumping away groundwater during construction, and grew into a public controversy when that continued after the project was finished to keep the lower garage from flooding. That led the city to take the rare step of filing its lawsuit in December, 2013..
(Above: A pipe, later extended farther, carried pumped groundwater from the apartment building onto the lagoon.)
Mixed-media artist Andy Saczynski works on a billboard in downtown Minneapolis in August 2014. ELIZABETH FLORES/STAR TRIBUNE
Minneapolis' array of "creative" jobs and organizations -- and its spending on everything from books to theater tickets -- has helped the city move up the list of the most "creatively vital" cities in the country.
A report delivered to the City Council on Wednesday showed that Minneapolis ranked No. 5 based on a comparison of the largest 100 cities' spending, sales and jobs in the arts. Last year, the city was No. 6.
Gülgün Kayim, the city's director of arts, culture and the creative economy, said the rankings are based on data from a national organization, the Western States Arts Federation. The city first received the report in 2013.
The latest report shows that residents and visitors are spending more on things like artwork and concerts. In 2013, total retail arts sales were about $520 million, up 13 percent from two years earlier. Per capita, Minneapolis residents spent $1,165 per year on the arts. By comparison, the report said sports-related sales in the city amounted to about $534 million in revenue in 2013.
Meanwhile, Minneapolis generated another $311 million in revenues from arts-related nonprofits. That total includes grants awarded to organizations or museums and ticket sales for those groups' events.
Kayim said the report is useful as a city planning tool and as a selling point for the city; she reported that at least two art schools use it as a recruiting tool.
"We have a highly productive creative sector ... this is information that can help us create strategies for the city as an attractor and as a competitive advantage," she said.
The report found that 26 percent of the "creative" employment in the metro area is in Minneapolis. The top occupations were photographers, musicians and singers, writers and authors, graphic designers and public relations specialists. The fastest-growing fields: actors, fashion designers, sound engineering technicians and agents.
Council members said they were glad to see the city tracking the creative side of the city's economy and wanted to see more information on related jobs and salaries.
Council Member Kevin Reich, who represents an area of northeast Minneapolis known for its growing arts community, said he's glad the report uses data from across the country to give the city an idea of its progress.
"It's a very real tool in that sense," he said.
The cities that ranked ahead of Minneapolis were, in order: Washington, D.C., Los Angeles, New York City and Boston.
The City of Minneapolis' new open data portal made its debut Monday afternoon, providing information on subjects ranging from fires and police incidents to air quality study results.
Most of the data was previously only available to people who submitted formal requests to the city. The city says it is now one of 38 states and 46 cities and counties that make open data portals available to the public.
Other information available includes: 311 incidents, crime statistics, open rental licenses, open liquor licenses, digital inclusion survey results, city boundaries and neighborhood revitalization program budgets.
Data can be downloaded in charts and maps, and will be updated with more current information.
A state air monitor near the upper Minneapolis riverfront twice recently measured airborne particles at a level that violates the state standard.
The monitor is located is located on a rooftop just south of Lowry Avenue, and is sited across the street from a scrap recycling yard and its controversial metal shredder owned by Northern Metal Recycling at 2800 N. Pacific St.
Company President Stephen Ettinger said in an e-mail that he's been told that the state will need to evaluate about 17 companies.
According to the Minnesota Pollution Control Agency, the wind was blowing from the direction of the yard on both Oct. 26 and Nov. 1, when the violations were recorded. It said no violations have been recorded since.
However, the agency said it is still analyzing the type of particles that were captured by the monitor, which has been operating since the beginning of 2013. It said the source of the particles is likely to be within one-quarter mile of the monitor. It said that multiple sources may contribute to the violation.
The agency said that the violation involves total particles, rather than the more worrisome fine particles that can be inhaled into lungs more deeply.
The monitor was installed in response to community concerns about potential air emissions expressed when the agency decided in 2012 to modify the Northern Metal emissions permit, which a 2009 test showed that the company was violating. There was no immediate response from the company.
Soccer promoter Moises Hernandez described former Minneapolis park worker Hashim Yonis as someone who wanted no bills smaller than $20 when paid in cash for renting public soccer fields, but who issued no receipts.
Hernandez said he preferred to pay in cash because he collected $4 apiece from the players in his mostly Latino leagues. He rented fields at three south Minnepaolis parks. But only Yonis, who rented fields at Currie Park in the Cedar Riverside area, refused to give the receipts Hernandez wanted so that he could chase pickup players off the turf if needed.
Hernandez testified as a key prosecution witness in the second day of the trial of Yonis on a felony theft charge. The Hennepin County attorney’s office alleges Yonis pocketed money for field rentals at Currie that Hernandez gave him in 2013.
The charge is a stunning reversal for the young onetime park and school worker who lost those jobs after the allegations surfaced last year. He once was taken to the White House by Mayor R.T. Rybak to tout the city’s jobs program for teens in which he participated. He was running for a Minneapolis Park and Recreation Board seat when the accusations emerged.
Hernandez denied that the Park Board forgave him a past due obligation of more than $13,000 in exchange for his statement fingering Yonis. “I never have debt,” Hernandez said through an interpreter. “I paid every week.”
Ira Whitlock, attorney for Yonis, asserted the debt forgiveness in his opening argument, but so far no evidence has been presented to document that. Whitlock sought to undermine the credibility of Hernandez by highlighting inconsistencies in his testimony.
Hernandez admitted he lied when first questioned by a park police investigator, but he said that was only because Yonis urged him to conceal any field rentals before a certain date. Prosecutor Susan Crumb asserted that was part of an effort by Yonis to conceal taking cash and not remitting it to park authorities.
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