CITY COUNCIL MINUTES July 7, 2015 Meeting No. 13 CALL TO ORDER 1. Mayor Murphy called the meeting to order at 7:00 p.m. ROLL CALL 2. Present: Selman, Backen, Blonigan, Rogan, Mayor Murphy Staff: Marcia Glick, City Manager; Jim Franzen, Police Chief; Rick Pearson, Community Development Coordinator OPPORTUNITY FOR THE PUBLIC 3. Mayor Murphy opened the floor to anyone wishing to speak on any items not on the agenda. 4. Benjamin Robb, 4010 Zenith Avenue North, spoke regarding his concerns about disturbing trends in the quality of the neighborhood. He asked what the City is doing to preserve its neighborhoods. He noted there are groups of people in the neighborhoods swearing, yelling, and loitering (caught some young people near a neighbor s garage), people with brown bags with liquor, people swearing in parks and people downtown giving dirty looks and stopping his car. Mr. Robb said he didn t call the police when someone went through his vehicle and doesn t appreciate the note left on his vehicle by police. 5. Mayor Murphy noted notices on vehicles were to make people aware of issues. He said Mr. Robb and neighbors should call the police when there are issues. 6. Member Selman said he had received more thank yous (then complaints) for notes left on residents doors, 7. Mr. Robb asked about use of the Sanborn Park Shelter. 8. Mayor Murphy said Sanborn Park Shelter can be reserved or can be used without a reservation. 9. Member Rogan encouraged Mr. Robb to call and set up a neighborhood meeting to address issues. 10. Police Chief Franzen stressed the importance of partnerships. He noted there was a recent arrest of a person who was charged with tampering with vehicles. Franzen offered to follow up personally with the issues mentioned by Mr. Robb. Page 1
11. Hearing no others wishing to speak, Mayor Murphy closed the floor. APPROVAL OF AGENDA 12. City Manager Glick noted addition of updated license list for Consent Item C. 13. Member Selman MOVED, seconded by Member Backen to approve the agenda with the addition as noted above. The vote was unanimous and the motion carried. CONSENT AGENDA 14. Member Selman MOVED, seconded by Member Rogan to approve the Consent Agenda. The vote was unanimous and the motion carried. 15. Items approved are as follows: A. Motion to approve and order placed on file minutes of the regular City Council Meeting of 6/16/15 and City Council Work Session of 6/16/15. B. Motion to acknowledge receipt and placing on file minutes of the following Commissions and Boards: -Planning Commission of 5/21/15 -Parks, Recreation & Forestry Commission of 5/26/15. C. Motion to approve issuance of licenses from list dated 7/07/15. D. Motion to approve the April 2015 payment for City credit card charges. E. Motion to approve the May 2015 payment for City credit card charges. F. Motion to approve the application from the Good Samaritan Society Specialty Care Community, 3815 West Broadway, to use the area between the concession building and the paved path at Lakeview Terrace Park for an event called Family Fun Run, Walk, and Roll on Saturday, September 26, 2015 from 8:00 a.m. to 1:00 p.m. G. Motion to authorize the Mayor and City Manager to execute the Access and Utility Easement providing access to the downtown water tower by T-Mobile (Site #A1O0049A). H. Motion to approve the application for the annual Public Safety Open House on Saturday, August 8, 2015, from 11:00 a.m. to 3:00 p.m. with the closure of Hubbard Avenue North between 41 st Avenue North and 41 ½ Avenue North from 10:00 a.m. to 4:30 p.m. I. Motion to acknowledge the Robbinsdale Wine & Spirits financial report for the months of January through May 2015. J. Motion to acknowledge the Deputy Registrar s financial reports for the months of January through May of 2015. K. Motion to hold the first reading of Ordinance No. 15-03: AN ORDINANCE AMENDING SECTION 400 PERPETUALLY ADOPTING THE CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE AND UPDATING CODE REFERENCES AND PERMIT FEE AUTHORITY; AND Page 2
AUTHORIZING PUBLICAITON OF THIS ORDINANCE BY TITLE AND SUMMARY. L. Motion to hold the first reading of Ordinance No. 15-04: AN ORDINANCE AMENDING SECTION 100 RELATED TO OFFICIAL STATUTES, CODES, REGULATIONS, AND ORDINANCES ADOPTED BY REFERENCE; AND AUTHORIZES PUBLICATION OF THIS ORDINANCE BY TITLE AND SUMMARY. M. Motion to hold the second reading of Ordinance No. 15-01: AN ORDINANCE VACATING EXCESS DRAINAGE AND UTILITY EASEMENTS DEDICATED WITH LOT 1, BLOCK 1 HOIBY ADDITION WHICH HAS BEEN REDEVELOPED FOR NON-RESIDENTIAL USE BY INDEPENDENT SCHOOL DISTRICT 281 and to authorize the Mayor and City Clerk to sign the final plat for LAKEVIEW ELEMENTARY SCHOOL ADDITION for recording at Hennepin County. PRESENTATION A: CenterPoint Energy Community Partnership Grant Presentation 16. Kyle Meyer from CenterPoint Energy presented a $2,500 grant check to Mayor Murphy for automated external defibrillators for use in police cars. 17. Franzen displayed one of the defibrillator units. He noted that some of the units currently used have started to fail, and this year with the CenterPoint Energy grant and City budget, replacement of the units for all 8 squads have been completed. Franzen said the units are more expensive because they are able to handle temperature changes and can travel in trunks. 18. Member Rogan MOVED, seconded by Member Backen to waive the reading and order the adoption of Resolution No. 7427: A RESOLUTION ACCEPTING AND RECOGNIZING THE CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT IN THE AMOUNT OF $2,500. The vote was unanimous and the motion carried. NEW BUSINESS A: Robbinsdale Food Co-op Picnic on the Plaza Event 19. Glick reviewed the staff report and introduced David Ulbrich, of Robbinsdale Food Co-op. 20. David Ulbrich, President, Robbinsdale Food Co-op, explained that the event taking place on Sunday, July 19, 2015 from 5:30 p.m. to 8:00 p.m. involves participants bringing their own picnic dinner. The purpose of the event is to raise awareness for the Robbinsdale Food Co-op effort. It will be advertised on their Facebook, website, and in the Co-op newsletter. 21. Member Rogan MOVED, seconded by Member Blonigan to authorize the use of the Downtown Plaza by Robbinsdale Food Co-op for its Picnic on the Plaza Page 3
event on Sunday, July 19, 2015 from 5:30 p.m. to 8:00 p.m. The vote was unanimous and the motion carried. NEW BUSINESS B: Appeal Hearing of Compliance Order Regarding 3754 Hubbard Ave N 22. Community Development Coordinator Pearson reviewed the staff report noting rental property inspections are every two years. First notice of need to repair a driveway at 3754 Hubbard Avenue North was verbally given in 2011. In 2013 a written warning was given with a deadline of May 2015 and was not met. The Housing Inspector noted if the driveway is not repaired by 2016 renewal, the rental license would not be renewed. Property owner Brian O Connell requested a hearing on the compliance order. 23. Member Blonigan referenced City Code and Zoning Code. 24. Brian O Connell, 387 Lancaster Lane N., Champlin, (owner of 3754 Hubbard Avenue North) wasn t sure if Class 5 materials for the driveway were allowed and that he found that contractors don t install it in the metro area. He noted that he only has a few rental properties tenants are good tenants and if he has time he will get work done. Estimates are $5,000-$7,000 for asphalt. 25. Member Blonigan asked about City funds to help with the work. Pearson noted that there isn t a loan fund for property owners for this type of repair. 26. Mr. O Connell noted property values are coming back and he may look at selling the home. He said it s hard to get a line of credit or loan for rental housing. 27. Member Selman indicated that he would like to see the code followed and has concern about making an exception. 28. Member Rogan noted that the current deadline is 12-31-15 and he would be willing to give an additional six months. 29. Member Backen indicated support for following the requirement although he could be swayed to give an additional six months. He stressed that the driveway must be paved before renewal of the rental license. 30. Member Selman MOVED, seconded by Member Rogan to table this item to the July 21, 2015 City Council meeting allowing time to meet with the Public Works Director/City Engineer and to get estimates for the required work. 31. Member Blonigan said when the item comes back on July 21, 2015, he suggests upholding the compliance order for the driveway based upon the following findings: Page 4
1. Based upon the fact that the driveway is not a surface as required by the Robbinsdale City Code, Section 421.17; 2. Based upon a failure to meet the requirements of Robbinsdale Zoning Code 510.17, Subd. 2g(iii), Part 3, in that that the driveway materials are not acceptable; 3. Based upon the fact that there was a verbal warning of this problem in 2011 at the biannual inspection and a written warning of this problem and directive to comply and correct the problem in the biannual inspection of 2013 and now the biannual inspection of 2015. 4. Based upon the fact that the 6/18/15 letter from Brian O Connell, personally appealing the compliance order, indicates he does not dispute the driveway needs repair but is appealing due to the financial situation. 32. Member Blonigan noted his understanding of the law is that financial hardship is not a reason to not comply with the requirements. 33. Member Blonigan added a fifth finding: 5. Further find that it is a health/safety situation with regard to the dirt and that proper materials indicated in Robbinsdale Zoning Code, 510.17, Subd. 2g(iii), Part 3, have to be used. 34. Member Backen noted that the property owner has had 4 years to take care of the problem. 35. Mayor Murphy asked for a vote on the motion to table this item to the July 21, 2015 City Council meeting. 36. The vote was unanimous and the motion carried. OTHER BUSINESS A: Disbursement Requests for Period Ending 07/07/15 37. Member Rogan MOVED, seconded by Member Selman to approve disbursement requests for period ending July 7, 2015. The vote was unanimous and the motion carried. ADMINISTRATIVE REPORTS/COUNCIL COMMUNICATIONS 38. Glick reported that the Joint Water Commission water main is under construction and there is sign-up for email updates. 39. Glick said Whiz Bang Days is this week, July 9-12, and there will be Robbinsdale Wine & Spirits tasting at Sacred Heart. She noted the City liquor store will be kicking off an on-line survey soon. 40. Member Backen reported that he met with Officer Andrea Faue on neighborhood issues. Page 5
41. Member Backen said unfortunately he will be out of town for Whiz Bang Days. 42. Member Selman mentioned that the earlier driveway discussion reminded him of a similar situation on the 41XX Welcome block. 43. Member Selman thanked staff for hanging the new Whiz Bang Days banner. 44. Member Rogan said he will be missing the Whiz Bang parade because of his sister s wedding but will be attending some of the other Whiz Bang events. 45. Member Blonigan reported that the Lower Twin Lake Association met with the Public Works Director/City Engineer and have asked the City Manager to look at the issue, and if requested funds are addressing a similar DNR-identified invasive species, to consider approving the funds. 46. Member Selman noted that the Grand Marshall for Whiz Bang Days is the Beyond the Yellow Ribbon Communities represented by Marshal Tannick, Board President. 47. Mayor Murphy noted issues with youth in neighborhoods language, behavior, disrespect and suggested discussion at a City Council Work Session or Crime Prevention Association meeting. 48. Mayor Murphy said there are new sparklers books with coupons for Whiz Bang Days available at local businesses. 49. Mayor Murphy requested an update on charitable gaming revenues for licensed premises. ADJOURNMENT 50. Member Blonigan MOVED, seconded by Member Backen to adjourn the meeting at 8:12 p.m. The vote was unanimous and the motion carried. Millie Marsh, Recorder Regan L. Murphy, Mayor Page 6