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HomeMy WebLinkAboutMinutes - 2012/03/26PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 26, 2012 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:03 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, March 26, 2012, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, March 26, 2012, agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT Mike Gibeau, 2146 Hillview Road, stated he was speaking on behalf of the residents in his neighborhood. There was concern with the speed of traffic near his home and at the local park. The police have been contacted with his concerns. Signs have been posted to control the speed and to assist with controlling traffic at stop signs. He reviewed a map of his neighborhood and suggested additional signage be posted to address the speeding traffic concerns. Another option would be to place a speed bump near the park. Mayor Flaherty stated a residential neighborhood should have slower moving traffic. He was in favor of additional signage stating Slow-Children at Play. He indicated this issue would be passed along to City staff for further review. 6. SPECIAL ORDER OF BUSINESS A. Mounds View School District 621 – Superintendent Hoverman Dan Hoverman, School District 621 Superintendent, indicated it was a pleasure to be in attendance at the Council meeting. He gave a presentation on the State of the School District and discussed several changes taking place within the system. The mission of the school district was to educate learners through a broad range of programs that set high expectations and inspire outstanding achievement. The visions statements were then described noting instructional technology was becoming key in the classroom. Superintendent Hoverman discussed the strategic directions of the district stating financial stability, academic excellence and a safe environment were crucial. The priority goals for 2011-2012 reviewed in detail. Demographics of the district were outlined showing the demographics had shifted over the past 20 years. Free and reduced lunch trends were reviewed. Superintendent Hoverman explained the district used to have approximately 12,000 students. The district has been seeing an enrollment decline over the past several years, but the decrease has subsided. The district was now holding at 9,500 students. The dollar investment per student was noted showing Mounds View was near the top of all districts in the metro area with $7,676 per year in each student. Marre Jo Sager discussed the financial stability and management efforts on behalf of the district. She explained 77¢ of every dollar went to students while the remaining portion of a dollar when to transportation, staff, administration and fixed costs. She indicated the district was working diligently to maintain class sizes and programs. This was well reflected in the students’ achievement. Superintendent Hoverman commented the programs and services in place will ensure that race, class, and disability will not dictate a student’s success in the Mounds View school district. In addition, student achievement results will not fall into patterns. The ACT scores from 2008 through 2011 were reviewed. He indicated all juniors took the ACT test last year and performed well in comparison to the State and Nation averages. The district was offering ACT tests free of charge to all Juniors through generous funding provided by the Mounds View Schools Education Foundation. He indicated Mounds View and Irondale were among only 11 Minnesota High Schools ranked in the silver category by U.S. News and World Report. Superintendent Hoverman provided further information on the STEAM initiative, which focused on science, technology, engineering, arts and math. A great benefit was found by placing value in the arts program within the district. A new magnet arts program was fully explained and would begin in the Fall of 2012 at Edgewood Middle School. Superintendent Hoverman stated the future of the district would be in setting additional learning targets to increase student achievement. He stated the district would continue to work towards closing the gaps while providing opportunity, expectation, aspiration and achievement with an emphasis on post-secondary success planning. A chart reviewing income based on education was presented. In the future, 70% of the jobs are going to require some post secondary training or education. Superintendent Hoverman indicated the district was working to help students navigate their education through career and post-secondary planning. The district needed to increase opportunities for students to pursue post-secondary credit while in high school. In addition, they can further align state academic standards and teacher preparation with real-world learning. He noted the district has a partnership with local colleges and universities. Through a clear early college hybrid curriculum pathway, a student could complete a two year associate’s degree while in high school. This created great savings, in the long run, for families and the student. The design of this program was further reviewed. He noted the program has received local and national attention. Council Member Mueller thanked Superintendent Hoverman for the thorough presentation provided this evening. She questioned if the benefits of further education were communicated to the students. Superintendent Hoverman stated this information was being passed along and was being presented. He indicated a high school diploma was no longer enough. Mayor Flaherty appreciated the presentation and discussed the demographics stating he was pleased with the changes being seen in the community. He commended the School Board and the Superintendent for their efforts on behalf of the local students. 7. COUNCIL BUSINESS 7:05 p.m. Public Hearing, Introduction and First Reading of Ordinance 870, Amending City Code Chapters 514 and 1106 to Allow Massage Therapy as a Home Occupation. Planning Associate Heller stated the last few months the Council and Planning Commission has been reviewing this issue, after a resident approached the City requesting to operate a massage therapy business from her home. City Code does not currently allow this use as a home business. After much discussion, the issue was reviewed and a code amendment was proposed to allow this use. Written consent from the property owner would be needed if the therapist does not own the home where they live and would operate the business. Staff recommended the Council introduce Ordinance 870 and hold the first reading. The second reading of the Ordinance would take place on April 9th. Mayor Flaherty opened the public hearing at 8:02 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:02 p.m. Mayor Flaherty indicated he did not object to the code amendment. He was pleased the City could work through the language to allow the home business. He noted the home business would be reviewed on a yearly basis through the current licensing process. MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Ordinance 870, Amending City Code Chapters 514 and 1106 to Allow Massage Therapy as a Home Occupation. Council Member Stigney objected to allowing the proposed home occupation. Ayes – 4 Nays – 1 (Stigney) Motion carried. Public Hearing, A Public Hearing to Appeal a Ruling on a Solicitor License Denial. Assistant City Administrator Crane stated staff received a solicitor’s application from Deonte Darren Hill for a business called Window Concepts. His business completes siding and remodeling services. In accordance with the City Code, a background check was conducted and a gross misdemeanor, damage to property in the third degree and misdemeanor conviction were on his criminal record. Assistant City Administrator Crane explained staff provided the information to the Police Chief. Mr. Hill has since submitted a letter explaining his activities on two of the convictions in 2009. According to the BCA, Mr. Hill damaged property and gave police officers fraudulent information. After review of the information, Police Chief Kinney denied the solicitor’s application due to the fact these convictions took place in the past five years and were a disqualification under City Code. She then reviewed City Code and read it aloud for the record. Assistant City Administrator Crane stated Mr. Hill’s manager, Tony Strouth spoke with Police Chief Kinney regarding the matter, requesting he reconsider his decision. She reviewed a certificate of insurance provided by Window Concepts explaining they would be responsible for any fraudulent or unlawful occurrences on behalf of their employees. However, the convictions that took place in the last five years were still a disqualification under City Code. She requested the Council hold a public hearing and make a motion to either approve or deny the appeal. Police Chief Kinney thanked staff for the thorough report. He clarified the two convictions were the grounds for the disqualification. He was concerned with Mr. Hill’s charge of giving false information to a police officer. This led him to question Mr. Hill’s honesty and his ability to conduct door to door services in the City of Mounds View. Mayor Flaherty opened the public hearing at 8:12 p.m. Tony Strouth, Window Concepts Manager, explained he handles all solicitors’ permits along with hiring and firing employees. He indicated he recruited Mr. Hill from American Exteriors as he had been working there for two years. He noted Mr. Hill has worked extremely well for Window Concepts in several neighboring communities. Mr. Strouth understood the reasoning behind the background check. He did not however, have any issues or conflicts with Mr. Hill. He indicated Mr. Hill was a valued employee. He expressed concern that the Police Chief did not state any specific reasons for denying this request. Deonte Darren Hill, 3800 Lincoln Street, Minneapolis, stated he went through a rough patch in his life. He explained he had worked through the issues, moved on, and was working through the adversities he now faced. Mr. Hill stated he loved his job, loved speaking with people. He did not condone lying and did not conduct business in this manner. He apologized for the past but requested the Council consider the changes he has made in his life and allow him to work in the City of Mounds View. Colleen Holly, Deonte Darren Hill’s fiancée, explained she has been with Darent for the past 12 years. She offered further information on the past charges stating Mr. Hill has grown greatly in the past several years and was working to turn his life around. She felt Mr. Hill has learned from his mistakes. Hearing no additional public input, Mayor Flaherty closed the public hearing at 8:20 p.m. Mayor Flaherty questioned if the past car issues had been resolved. Mr. Hill indicated the issue was resolved and all restitution was paid in full. Mayor Flaherty commented maturity could have played a role in some of the past decisions made by Mr. Hill. He thanked Mr. Hill for the letter presented to the City Council as it was well written. He understood how poor decisions could have consequences. He was pleased that Mr. Hill was making amends with his family and working towards a positive career. Council Member Hull asked if the other cities that Mr. Hill has worked in had completed an appeal process. Mr. Strouth noted the City of Cottage Grove had to review the information at an administrative level. He stated the City of Lakeville met with Mr. Hill personally. He stated he was working in the City of Roseville and that city does not require a permit. Council Member Mueller inquired how many workers Window Concepts had at this time. Mr. Strouth indicated he had 13 employees. Further, Mr. Strouth stated that he has canvassers that have DWI offenses that get rides from others to work the neighborhoods. He disagrees with the City’s policy. Council Member Mueller questioned if Mr. Hill could be put to work in other communities and that another worker be allowed to conduct the solicitation work in Mounds View. Mr. Strouth stated this could be done, but that Mr. Hill would then be out of work for several weeks. Council Member Mueller commented she was hit head-on by a DWI offender. She indicated this was a very serious offense and wanted Mr. Strouth to understand the law was the law. She requested he respect the City Code and noted she would not be supporting the appeal. MOTION/SECOND: Mueller/Gunn. To Deny the Appeal Ruling on a Solicitor License for Deonte Darren Hill of Window Concepts. Mayor Flaherty explained Mr. Hill was the one requesting a chance in this community. He was pleased that Mr. Hill explained his past mistakes and that he was working to support his family at this time. He felt Mr. Hill deserved a second chance. Council Member Hull felt the Police Chief and staff had made the right determination to deny the solicitors application based on the City Code. Typically, he supported staff’s recommendation but was willing to offer Mr. Hill a second chance in this instance. For this reason, he would not support the motion. Council Member Stigney stated staff interpreted City Code correctly and for that reason, he would support the motion. Ayes – 3 Nays – 2 (Flaherty and Hull) Motion carried. Mr. Hill thanked the Council for considering his appeal. Mayor Flaherty wished him well. Second Reading and Adoption of Ordinance 869, an Amendment to Zoning Code Chapter 1121 about Accessing Detached Parking Areas. Planning Associate Heller stated this was the second reading of Ordinance 869, which was an amendment to the zoning code regarding accessing detached parking areas. She reviewed the proposed changes and recommended adoption of the Ordinance. Council Member Mueller questioned if the word frequently should be greater defined within the Ordinance. Planning Associate Heller stated if dirt tracks were seen in the yard and if there was evidence of the yard being disturbed this would be determined to be frequently. She noted staff would visit a site a number of times over the course of several weeks before a determination was made. The City was working to protect the new City curbs and streets. Council Member Mueller asked how this Ordinance would impact residents with unimproved driveways. Planning Associate Heller stated the driveway could remain as is, but could not be expanded. MOTION/SECOND: Gunn/Hull. To Waive the Second Reading and Adopt Ordinance 869, an Amendment to Zoning Code Chapter 1121 about Accessing Detached Parking Areas and publish a summary. ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. Ayes – 5 Nays – 0 Motion carried. Resolution 7919, Appointing Jerry Skelly as the 2011 Citizen of the Year. Assistant City Administrator Crane stated that during the March work session the Council reviewed three nominations forms for the Citizen of the Year. After a vote, Jerry Skelly was named the 2011 Citizen of the Year. A plaque will be presented to the Jerry Skelly family at the upcoming Town Hall meeting, scheduled for April 18th at 6:00 p.m. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7919, Appointing Jerry Skelly as the 2011 Citizen of the Year. Ayes – 5 Nays – 0 Motion carried. Resolution 7917, Approving a Three-Year Labor Agreement with LELS 232 Effective from January 1, 2011 through December 31, 2013. City Administrator Ericson stated the labor agreement with LELS 232, the Police Sergeants, expired at the end of 2010. Throughout 2011, the City has been working with the union through negotiations and met with the Council in closed session to discuss terms. After reaching a tentative agreement, insurance information was reviewed and agreed upon by the group. Staff reviewed the items changing in the new three year contract and recommended approval. Council Member Mueller thanked City Administrator Ericson for negotiating this contract with the labor union. She requested a minor change to Step 3A in the agreement. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7917, Approving a Three-Year Labor Agreement with LELS 232 Effective from January 1, 2011 through December 31, 2013. Ayes – 5 Nays – 0 Motion carried. Resolution 7918, Approving a Three-Year Labor Agreement with LELS 204 Effective from January 1, 2011 through December 31, 2013. City Administrator Ericson stated the labor agreement with LELS 204, the Police Officers and Investigators, expired at the end of 2010. Throughout 2011, the City has been working with the union through negotiations and met with the Council in closed session to discuss terms. After reaching a tentative agreement, insurance information was reviewed and agreed upon by the group. Staff reviewed the few changes in the new three year contract and recommended approval. Council Member Mueller requested further information on longevity pay as stated within the contract. City Administrator Ericson explained an employee received additional steps to the pay scale through this system. He noted this was common throughout the policing pay scales. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7918, Approving a Three-Year Labor Agreement with LELS 204 Effective from January 1, 2011 through December 31, 2013. Council Member Stigney did not support the extra benefits for the K-9 handler. Ayes – 4 Nays – 1 (Stigney) Motion carried. 8. CONSENT AGENDA None. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES None. 11. REPORTS Reports of Mayor and Council. Mayor Flaherty reported Allina Medical Transportation was moving into the City on Woodale Avenue. He stated an Open House was scheduled for April 24th from 4:00-7:00 p.m. The entire Council and staff were invited to attend the event. Council Member Hull stated Messiah Lutheran Church was holding a concert, open to the public on Sunday, April 1st at 7:00 p.m. All proceeds would benefit the Christus Chorus of Concordia College that would be performing. Council Member Mueller stated last Thursday at the Mounds View Community Center, the City hosted the Ramsey County League of Local Governments meeting. The featured speaker was from the Beyond the Yellow Ribbon initiative. An update was provided on the progress Ramsey County was making to achieve Yellow Ribbon status. According to the specific items that need to be completed, Ramsey County and the cities therein, would be eligible for Yellow Ribbon status at the end of April 2012. The goal was to have this signed off by legislature before the end of its session. The intent was to have each city website in Ramsey County to have a link to the Beyond the Yellow Ribbon website. This would create greater access and information as to the services available to veterans, military personnel, and their families. B. Reports of Staff. City Administrator Ericson discussed the variance request from Tim Downing at 8027 Woodlawn Drive. He stated the original variance requested was over four feet based on current City Code. When the Council upheld the Planning Commission’s decision to deny the variance, it required Mr. Downing to stay within the 20 foot height limit. However, when the actual height was measured based on the plans, the garage was only nine inches too tall. He questioned if the Council would like to reconsider the variance request given the fact there was a nine inch infraction versus the previously thought four foot difference. Council Member Hull questioned how many times the Downing permit was extended. City Administrator Ericson noted the permit was extended on several occasions before construction began. He stated it was immaterial that the permit was extended as it was reasonable for him to build the garage to the standards in place at the time the permit was issued. Mayor Flaherty questioned if the permit could be extended every six months as long as progress was being made. City Administrator Ericson indicated this was true with buildings under construction. This differed from extending the actual permit when no construction had yet occurred. Mayor Flaherty recalled the Council had allowed for the garage to remain at the 2007 building standards, which meant the garage would require a nine inch variance. Council Member Stigney stated the variance was denied based on the Planning Commission’s recommendation given the information provided. Based on the new information he felt the issue should go back to the Planning Commission for consideration. City Administrator Ericson stated if this was the case, the City would have to back off the resolution of denial and request the Planning Commission to reconsider the variance with the new information. City Attorney Riggs stated this was the case, and the Council would need to take a step back from the original variance denial. The Council would need to rescind the previous approval and take action on the issue. Mayor Flaherty asked how the Council was to proceed. City Attorney Riggs recommended the Council properly notify the public of the issue for a decision at the next Planning Commission meeting. He indicated the Council would need to rescind the present Resolution. City Administrator Ericson noted the Council should move to rescind a Resolution and direct the variance request to the Planning Commission. MOTION/SECOND: Stigney/Gunn. To Rescind Resolution 7903, Directing Staff to bring the Tim Downing Variance Request back to the Planning Commission, with proper public notification for consideration with the new information. Ayes – 4 Nays – 1 (Mueller) Motion carried. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 12. Next Council Work Session: Monday, April 2, 2012, at 7:00 p.m. Next Council Meeting: Monday, April 9, 2012, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:25 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.