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HomeMy WebLinkAboutMinutes - 2007/02/26. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting February 26, 2007 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:02 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty (arrived at 8:50 p.m.), Stigney, Hull, Flaherty, and Mueller NOT PRESENT: None. 4. APPROVAL OF AGENDA • A. Monday, February 26, 2007 City Council Agenda Acting Mayor Stigney indicated he would like to add the memo from Public Works Director Lee on City Hall Signage. 5. PUBLIC INPUT William Werner of 2765 Sherwood Road asked if the Consent Agenda is always after the Council business. Acting Mayor Stigney indicated that was switched several months ago to accommodate residents. Dave Tillman of 5166 Longview Drive said that he would like Council to consider some questions regarding the Longview Drive clearing and they are very concerned about it. He then asked if there are City Ordinances and whether they are being enforced as no permit was issued prior to this clearing. He then said that residents were not informed of the alterations to be made. Mr. Tillman indicated that other issues are the amount of fill and excavation and the type of construction planned for the location. He then said that driveways have been blocked as well as one lane of the street. Anne Tillman of 5166 Longview Drive said that one thing she spoke to Staff about on the day of • the clearing was mentioned that they could clear any trees on his property and he woula not necessarily have to give notification and they have approval from Rice Creek Watershed District. Mounds View City Council February 26, 2007 Regular Meeting Page 2 She then said that Rice Creek filed a permit application inactivity in which it stated that a permit ~ is required before any work may be done on the site. She further said they received no notification of this. Community Development Director Ericson explained that this was a situation that snuck up on Staff and in conversations with Mr. Harstad he had indicated tree removal would be forthcoming but it happened sooner than Staff was aware of. He then said that Staff did provide notice but the work was underway and that is unfortunate. He further said that there is nothing in the Code requiring notification but it is something that Staff has made it a policy to do. Director Ericson said that the Wetland Preservation Ordinance does require a permit and that was not communicated to Mr. Harstad. He then said that, on the advice of legal counsel, it was determined that the City did not have the right to stop the tree removal. Director Ericson indicated that Staff has obtained information from Rice Creek that no permit was needed and Staff made an oversight that a wetland alteration permit would be required and that was not told to Mr. Harstad. He then said that the developer would be before the City requesting an after the fact wetland buffer permit. Amy Hermanek of 2760 Wooddale said that she appreciates that the City is saying that Staff did not notify the builder but the builder has been doing this for 20 years and he has an obligation to know the requirements. She then said that as for removing tree stumps there are none left so she would Iike someone to answer to that and it appears that the land has been altered so he has not • complied with knowing the ordinances before taking action and he has not complied with the requixements. Director Ericson said that he was out at the site on Thursday and noted that Rice Creek Watershed District was out there and determined that nothing was being done that required a permit. He then said that if stumps were removed that would be a violation if no permit has been issued. He further said that he would ask Rice Creek to go out again and take a look. Dave Tillman said that Rice Creek was out Thursday or Friday and on Monday stumps were removed and there were loads of dirt dumped on the south end of the property. He then said that there needs to be a plan and someone needs to be watching this on a daily basis. Director Ericson indicated that Staff will work with Rice Creek Watershed District to attempt to determine if dirt has been moved onto the site and will inform the Tillmans. Council Member Flaherty said that he spoke to the Tillmans about this a week and a half ago. He then said that they understand that things can be done on private property but they were concerned that there was no notification and they want to make sure that the developer does not go any further than they are allowed to go with their properly. He further said that he would like Rice Creek to go out there because the trees were not cut down they were pushed down. ~ Mounds View City Council February 26, 2007 Regular Meeting Page 3 • Council Member Flaherly said that the other question brought up by Mr. Tillman was when a housing development starts residents want to make sure that machinery does not block streets and driveways and they are concerned about heavy machinery in their neighborhoods. Ms. Tillman thanked Council Member Flaherty for his comments and then said that what still surprises her is finding out that the City knew about this on Monday prior to Mr. Harstad beginning clear cutting and being told that he did not need to get a permit but now they find out that a permit was required and that concerns her. Mary Lou Shavonovic of 7959 Sunnyside Road said that here have been some concerns with her daughters doing the petition and residents said they wanted roads fixed but did not feel the need for curb and gutter or group mailboxes. She then said that it sounds like they will not get their streets repaired so she is wondering if sewer and water and roads will be done. Acting Mayor Stigney explained that the petition has stopped the 2007-2008 road project but that can be changed if a petition comes forward that is equal to or greater than the first petition. He then said that the City Council will be discussing options at the March 5, 2007 work session. City Administrator Ulrich indicated that the City would continue to maintain the streets and sewers to maintain safety but full-scale reconstruction of the street will be discussed as an option. • Acting Mayor Stigney explained that minimum work and repairs will be done as is necessary to maintain safety such as filling potholes. Council Member Flaherty indicated that it is up to the City to move forward with something for the City's streets and he would not say that nothing can be done because of a petition but the timetable has been pushed back. He then said that Council would continue to look at it and move forward. William Werner of 2765 Sherwood Road asked if the people were aware that this would stop the proj ect. Ms. Ella Shavonovic of 7959 Sunnyside Road said that some people believed that this would have no impact but there were people who did want to stop it because of some of the extras being included and there were some that did not sign because they were afraid that the City would punish them by not doing any project on their streets. Mr. Werner said that it seems like this has happened twice now where once the petition is done then those that signed it realized the results and he is wondering if people do not understand exactly what they are signing when they do so. Mary Shavonovic said that the residents that she spoke to want the roads fixed but do not want • curbs and gutters and they do not see the need for them or their expense. She then said that for the Council it cannot be separated. Mounds View City Council February 26, 2007 Regular Meeting Page 4 Acting Mayor Stigney explained that the project is dead, as it exists for one year unless the • project is changed or another petition is received. He then said that the Charter language does not allow for any compromise at this time. Council Member Mueller indicated that the City is going to look at this in terms of what the infrastructure needs are and will move forward. Council Member Flaherty said that when street projects first came up the Council did look at just redoing what exists but the bottom line is that nobody does that anymore because it is 1960's technology and it does not exist anymore unless you want to pay for it. Ella Shavonovic said that residents wished that they did not have to sign against the whole project just to stop portions of the project. She then said that if curbs were removed from the project she would not have been able to obtain the number of signatures required for her petition. 6. SPECIAL ORDER OF BUISNESS None. 7. COUNCIL BUSINESS A. Report on Alternate Wellness Assistant to the Administrator Crane explained that Staff reviewed the Zoning Code as the City • has had a request for an alternate wellness center. Staff feels that this could be a permitted use but alternative health businesses are not defined in the Zoning Code. She then said that the City Attorney recommends defining heaith and beauty services to include language on alternative wellness. Assistant to the Administrator Crane said that there is a hypnosis and healing center that operates in a B4 Zoning District. Staff is seeking direction from the City Council on how to proceed with this matter. City Administrator Ulrich indicated that Staff is looking at this as a Zoning Code issue to allow it under health and beauty services and noted that no other cities regulate this type of business so it would be in the best interest of the City not to do so either. He then said that the definition would be clear to make sure that alternate wellness does not include massage or touching of the body, which would be regulated. Acting Mayor Stigney asked the City Attorney whether the City needs more information or should proceed. City Attorney Riggs said that would be up to the Council and Council couid agree not to ailow it as the Zoning Code does not allow it. He then said that the Staff recommendation would be to • provide a definition to make it an allowed use under the Zoning Code. Mounds View City Council February 26, 2007 Regular Meeting Page 5 • Council Member Flaherty said that he is surprised that no other communities regulate alternative wellness. He then said that his main concern was raindrop therapy as that is massage therapy and that is a reguiated business. He further said that the hypnosis center is allowed so he would like to add some language to the Code to allow alternative weliness. Council Member Flaherty indicated that he would have no issue allowing this at Mounds View Square provided that the raindrop therapy was eliminated. Council Member Mueller said she would want the Code revised prior to al~owing the business to come in. Council directed Staff to work on the definition of alternative wellness and follow the process through the Planning Commission. MOTION/SECOND: Mueller/Stigney. To Direct Staff to Provide a Definition of Alternative Wellness to Amend the Zoning Code Before Allowing it to be Practiced to be Reviewed by the Planning Commission. Ayes - 5 Nays - 0 Motion carried. • B. Resolution 7020 Approving Transfers Between Funds for the Year 2006 Finance Dixector Beer explained that several transfers were approved and he is recommending that several be reduced or removed and that one be increased. He then said that the general fund balance should be between 35 and 50% of budgeted revenues and the budgeted transfers would exceed the recommended 50%. Finance Director Beer indicated that only $239,500 will need to be transferred and the transfers for the EDA Fund will not be needed as they were paid out of TIF funds to reduce the amount needed to $7,000. Finance Director Beer noted that $131,000 was budgeted to be transferred to the Community Center but there is a need to transfer an additional $69,000 and increase the budget to provide for the additional transfer. Council Member Flaherty asked if the $69,000 would be added to the operating levy. Finance Director Beers said that in order to keep from dipping into reserves for the Community Center the transfer would need to be increased by $69,000. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7020, a • Resolution Approving Transfers Between Funds for the Year 2006. Mounds View City Council February 26, 2007 Regular Meeting Page 6 Acting Mayor Stigney said that this increases the amount to $200,000 going to the community • center and there was a banquet center creating money and there was an opportunity to run it on an interim basis which would have brought money in and now this is running on a deficit and there is no plan for that Community Center other than to continue to shell out money for its needs. Acting Mayor Stigney said that Council and Staff needs to look at what to do with this Community Center to ensure that this does not continue to happen. Council Member Flaherty said that he agrees with the transfer of funds is necessary but said that they are still figuring out how the Community Center should best utilize the funds that they need. Council Member Mueller said that this is the youth program we have in the City. She then said that in the current issue of Mounds View Matters there is a little notice that the City is looking for interested residents to serve on the board with the YMCA staff to look at ways to grow the Community Center revenues. She further invited residents to call to rent the facility for their events. Council Member Hull said that this is a Community Center meant for the community and renting out defeats the purpose of having a Community Center. Acting Mayor Stigney said that the majority of people that use the Community Center are not Mounds View residents. He then suggested that Council and Staff look at this to offset the losses being continually pumped into the Community Center. • Ayes - 4 Nays - 0 Motion carried. William Werner of 2765 Sherwood Road said that he understands what was said and he thinks that this is an amenity but something has to be done and he questions the thinking of continuing to transfer funds to it. C. Resolution 7022 Authorize a Step Increase for Mary Springer, Mounds View Receptionist MOTION/SECOND: Mueller/Flaherty. To Approve Resolution 7022 and Authorize a Step Increase for Mary Springer, Mounds View Receptionist. City Administrator Ulrich read Resolution 7022. Council Member Mueller thanked Staff for having this Resolution before Council prior to the anniversary date. Ayes -4 Nays - 0 Motion carried. D. Resolution 7027, Awarding a Construction Contract for the County Road 10 • Trailway Project Segments 9 and 10 Mounds View City Council February 26, 2007 Regular Meeting Page 7 C~ Public Works Director Lee noted the City received bids for the County Road 10 project on February 8 and received a total of 12. The low bid was $455,270.71 and the engineer's estimate was $533,000. He then said that there are two bidding issues to consider. The low bidder is on the Department of Administration's disbarment list and is restricted from bidding projects through the State. He further explained that, after discussing this with legal staff, there is no legal issue with awarding a contract to them. Director Lee indicated that Jay Brothers has been awarded two contracts by the City for previous projects and they performed according to the specifications. Director Lee handed out a memo from Kennedy & Graven and explained that they contacted the Department of Administration and there were no actual convictions only an indictment and other cities were contacted and all cities have indicated positive experiences with Jay Brothers and have hired them for additional projects. Director Lee indicated that awarding to Jay Brothers would lower the costs by $47,000 and this could increase the City's risk of litigation for not awarding a bid for other than legal reasons. Council Member Hull asked if Jay Brothers was disbarred when the City hired them to do Random Park. • Director Lee indicated that he does not think so. Council Member Mueller asked how the City found out about the debarment. Director Lee indicated that the City's consultant notified the City. Mark Jay 4411 Morningside Avenue, Vadnais Heights addressed Council indicating they have ongoing projects with the City of Stillwater. He then said that they completed a job in the fall of 2006 £or St. Louis Park and they just completed a project for Circle Pines. Finance Director Beer indicated that a performance bond is required to protect the City. Council Member Flaherty asked if Mr. Jay was still facing indictment. Mr. Jay indicated they were sentenced this week. He then said that he and his were sentenced to the same sentence to serve five months in a halfway house with work release and will have five months of home monitoring with work release and 30 hours of community service and three hours of probation after the 10-month period. Council Member Flaherty said that the indictment ended up being correct. • City Attorney Riggs indicated that they pled to a charge but the state is not aware of this yet so he is not sure if it was an exact plea to the indictment or not. Mounds View City Council February 26, 2007 Regular Meeting Page 8 Mr. Jay ind2catecl it was a plea agreement to one of the counts. • William Werner said that the south side of County 10 there was a segment of sidewalk going to the library and out and asked whether that is still included in the project. Council indicated it is not. MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7020 With Statement of lA with Jay Brothers and Item 3B Bid Alternate One Removal of Board Walk Bump out. Acting Mayor Stigney said that regardless of money involvement with something else this is a construction project with a trailway and they have performed satisfactorily with other projects and their bid is $47,000 lower and there are bonds to cover the City should they not perform as required. Council Member Mueller asked what year the situation took place in. Mr. Jay indicated that it was in 2001. Council Member Mueller indicated that a lot of time has transpired and a lot of good work has been done by them for the City and other cities are happy with the work. She then said that if • there was an issue with having the bid come in the City should have informed Mr. Jay that he was not eligible for bidding. City Attorney Riggs said that this is a debarment with an issue relating to something other than performance issues and there is a performance history with this contractor. He then said that the recommendation of Staff is that it is appropriate for the City to accept this bid, as the issue was something completely different than for performance. City Attorney Riggs indicated that they are not on the State Debarment list they are on the Department of Administration's list. Council Member Flaherty said that he feels it is incumbent on this Council to work with companies that have ethics and integrity and he would like a synopsis of the situation. Mr. Jay said that in 2001 they had 90 employees in seven states and were involved in communication construction building communication systems. He then said that 911 happened and all of the work under contract was cancelled and they had all the equipment to support those employees and kept them employed for as long as they could and then started laying them off and attempted to sell equipment. He then said that they got behind in obligations and one was to the pension fund. He further said that in the spring of 2002 the federal government came into see why they were behind and had lost $1 million in 2001 and he was told to file bankruptcy but said ~ he wanted to work through it. Mounds View City Council February 26, 2007 Regular Meeting Page 9 • Mr. Jay said that they made payments and continued to work and struggle and ended up getting the money paid into the pension program and refinanced land and buildings and equipment to help with the debt load and then, when they thought they were digging out, they were indicted 18 months ago. Council Member Fiaherty asked why the payments to the retirement funds were not made. Mr. Jay indicated they did not have the money to make those payments as they were behind in all payments and were paying themselves very little to survive and keep from having to file bankruptcy. Council Member Flaherty asked if there was malicious intent. Mr. Jay said there was no money to embezzle they simply had no money to pay into the fund. Council Member Mueller asked how many people they employ today. Mr. Jay said 26 or 28 or so and will be up to 45 or 50 in the suminer and they will do about $8,000,000 in revenue this year. • Acting Mayor Stigney said that a lot of people ha~e had issues since 911 and that is not an excuse but a judge has ruled and passed a sentence and his only concern is whether this contractor can perform under the contract. He then said that this contractor has shown that they can perform on other projects in the City. Finance Director Beer indicated that the payments are made directly to a bonding company on behalf of the contractor. Mr. Jay indicated that is still the case. Council Member Flaherty said that when he saw the information and had a lot of questions. He then thanked Mr. Jay for coming to the Council and standing before him and providing an explanation for the situation. He further asked that the Resolution be reread. Council Member Flaherty said that the bump out was put in to allow a place to move over to the side away from the flow of traffic on the boardwalk and overlook the wildlife while resting for a minute. He then said that there are a lot of people that cannot make that walk all at one time. He further said that he feels the bump out is needed in this location and he would like to leave it in. Ayes - 2 Nays - 2(MuellerlFlaherty} Motion failed. • MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7027, a Awarding a Construction Contract for the County Road 10 Trailway Project and Accept Jay Brothers and Leave the Bump Out In. Mounds View City Council February 26, 2007 Regular Meeting Page 10 Acting Mayor Stigney said the bump out was put there for a trail over to County Road I it was • removed but the bump out was left in. He then said that for 161 foot at 12 foot wide there is no need to rest to the side. MOTION/SECOND: Stigney/Hull. To Amend the Motion to Change the Bump out to 3B rather than 3A to Remove the Bump Out. Ayes - 3 Nays - 1(Flaherly) Motion carried. Ayes - 4 Nays - 0 Motion carried. E. City Hall Exterior Signage Update Acting Mayor Stigney said that a backing plate would be $7,000 so SEH did not anticipate that cost so they want to sandblast and redo the lettering. He then said that there was something there that was not to spec but his question is whether it will be legible. Public Works Director Lee indicated that this will be what the original spec was. MOTION/SECOND: Stigney/Flaherty. To Approve Going Back to the Original Spec Provided that the Signage is Visible and Clearly Readable. Council Member Mueller asked whether this would absolve an res onsibili of the contractor if • Y P tY it is done up to spec. City Attorney Riggs said it may but then there may be an issue of who drafted and approved the spec. Council Member Mueller asked is any backlighting could be done. City Attorney Riggs said he is not sure but after it is done to spec then Council will have to handle it if it is not visible then that would be an architect issue. Ayes - 4 Nays - 0 Motion carried. Public Works Director Lee asked how Staff is supposed to ensure that it is visible. Acting Mayor Stigney said he would come up and see if it can be read or not. Mayor Marty arrived at 8:50 p.m. 8. CONSENT AGENDA A. Licenses for Approval • Mounds View City Council February 26, 2007 Regular Meeting Page 11 ~ ~ B. Schedule a Public Hearing on March 12, 2007 at 7:05 p.m. to Consider Resolution7021, Authorizing a Transfer of an On Sale Intoxicating Liquor License from Moundsvista, Inc., (dba The Mermaid) to Mounds View Bowling, Inc., (dba Mermaid Lanes) Located at 220Q Highway 10 in Mounds View D. Resolution 7024 Approving a Publication of a Summary Ordinance 784, an Ordinance Which Established a Moratorium on Electronic, Flashing, Animated, Moving or Utherwise Non-static Signs in any Zoning District ~ n„~,.~„+s,... ~mc ~ a,...+;,,,. r~,,.,,.;~ n„~:,.., ~nn~ n~ ~~~~ti.~;~~.;,,,~ n~;,.., c \r V l~lVl1 / Vil~ A F. ~ese~e~--~-~~~e~e~se- ~-n~84'~se~i~:~~-~e~ ~e-~~e~ Council Member Stigney requested that Items C and E be removed for discussion. Council Member Flaherty requested that Item F be removed for discussion. MOTION/SECOND: StigneylMueller. To Approve Consent Agenda Items A, B and D as Presented. Ayes - 5 Nays - 0 Motion carried. C. Resolution 7023 Accepting Donation from Bethlehem Baptist Church Council Member Stigney said that he was under the impression that equipment was donated by the Lions for the Community Center. City Administrator Ulrich indicated that would be equipment used in the gym for preschool classes and not the large playground equipment but things like balls, hula hoops and mats. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7023 Accepting Donation from Bethlehem Baptist Church. Ayes - 5 Nays- 0 Motion carried. E. Resolution 7025 Adopting Council Pay 2007-01 Establishing a Policy for Citizen Agenda Items • Council Member Stigney said that he recalled that Council was going to bring this to a work session to determine whether Council wanted this on the Agenda. City Administrator Ulrich indicated that this item was discussed at the February 5, 2007 work session. Mayor Marty said that waiting to the work session could delay items that may be pressing to Mounds View City Council February 26, 2007 Regalar Meeting Page 12 citizens or citizens groups. He then said that if someone came in this week it could be added to • the work session for next week but depending on timing there could be a long wait since there is only one work session per month. Mayor Marly indicated it would be up to Council Members or the Mayor or City Staff as to discussion on different items. He then said that not everything on the Council Agenda has been to a work session sometimes in an attempt to keep things moving along. He further said that if possible it should be added to a work session agenda. Council Member Stigney would like to have an amendment to include sending it to the work session if there is time and secondly the petitioner may present a request for Agenda at the public input section. He does not think that is right as he thinks Council should have time to review the information being presented to Council. Mayor Marty said that Item 7 reads, "any request received will be scheduled for the following work session or regular meeting". He then requested that the word "will" be changed to "may" based on the above criteria. Mayor Marty said that the last item to add as an Agenda item at that meeting he is concerned about. Council Member Stigney said that it states that the City Clerk Administrator "will make every attempt" to accommodate requests should be removed and he does not think that the word "safe" • is necessary. William Werner of 2765 Sherwood Road asked to explain the problem to him and why this was added. He then said that he is for the citizens and this type of thing raises his eyebrows. He further asked what the problem is and what the Council is trying to fix. Mayor Marty said that there ha~e been requests of a resident during public comment or a number of residents and will keep going on their issues and there have been times where over an hour has been spent on public comment and Council would like to maintain control of the meeting and keep things organized. He then said that if residents have concern on a topic then they can request this form and be asked to be placed on the Agenda. Mayor Marty would like to change Item 2 and the copy handed out corrects it. He then read the change noting that all requests will be given to the City Clerk and then must have support of the Mayor or two Council people. Council Member Mueller said that she does not want this policy to in any way negatively impact the right and responsibility of the residents to come before Council to speak on issues that are important to them. She then said that she understands putting something on the Agenda as an Agenda item but she does not want any resident not to feel welcome to come to the podium to speak to the City about their issue. She further said that she welcomes any citizen involvement • or input because that is why she is on the Council and resident input is vital. Mounds View City Council February 26, 2007 Regular Meeting Page 13 ~ Council Member Mueller clarified that she does not want anyone to feel that they have to be an Agenda item to be heard. Brian Amundson of 3438 Wooddale Drive said that it is his understanding there are areas that Council might want on the Agenda and that would be to allow the Council to take action on an item and it would not interfere with residents' right to speak. He then said that he is concerned about limiting them to 10 minutes. He further suggested separating out those things that require action versus those that do not. Mr. Amundson said that he did not see this on any tapes or at a work session where this was discussed so he is glad it did not go through on the Consent Agenda. Mayor Marty explained why this was being considered. Mr. Amundson said that he would not want to approve this Resolution tonight as there has not been much public input and he is concerned about changing existing policies of how residents address the Council. He then said that Council is here as leaders of the community to give direction as to what should be done not to take the advice of the Staff: Mayor Marty suggested moving this to the next work session. • William Werner would like to know if Council would remove something from the Consent Agenda if he asked for discussion. Mayor Marty said that he would like to know why and then he would be agreeable to considering it. Council Member Stigney suggested adding "and special order of business" if applicable. He then said that a resident could ask Council to consider removal of an item for discussion at the public input tim.e of the meeting. City Administrator Ulrich suggested postponing this item to the April work session. MOTION/SECOND: Mueller/Stigney. To Postpone to the Apri12, 2007 Work Session. Ayes - 5 Nays - 0 Motion carried. F. Resolution 7026 Supporting House File 847 Authorizing Cities to Adopt Ordinances to set and Impose Administrative Penalties Council Member Flaherty said that he would like to explain this to those watching the meeting • and said that this supports a House file authorizing cities to set and impose administrative penalties. He then said right now there is not a clear bill to allow cities to do that. Mounds View City Council February 26, 2007 Regular Meeting Page 14 Council Member Flaherly explained that this would allow the City to keep the fines in the City. • Mayor Marty said that this is endorsed by the Police Chief's Association and they are in favor of it. He then said that his can be used for housing code violations as well as moving violations. He further said that cities are looking for determination from the Capitol one way or the other in favor of this. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7026, Supporting House File 847 Authorizing Cities to Adopt Ordinances to Set and Impose Administrative Penalties. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Council Member Flaherty indicated that he had most of his questions answered by Finance Director Beer and there is one he did not receive an answer on. On Page 21, card reader repair, that he would like to have clarified since the card readers are less than a year old and he wonders if there is a warranty. Finance Director Beer said that the doors were not opening so Staff contacted UHL to come and repair the doors and get the card reader working and it was determined that the doors were sagging inward and so the card reader was not working. He then said that the screws in the . hinges had loosened and were leaning in. Council Member Flaherty indicated that the City will be reimbursed for this charge from the contractor. MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES None. 11. REPORTS A. Reports of Mayor and Council Mayor Marty indicated he met last Thursday at a Mayor's Meeting in Shoreview with the Mayors of Roseville, Shoreview Arden Hills, and New Brighton with Beriy McCullum to discuss transportation and how the City can obtain transportation funding for projects. • Mounds View City Council February 26, 2007 Regular Meeting Page 15 • Mayor Marty indicated that they also discussed MSA funds and how to free those up and he brought up trailways and she said her office could be helpful in finding and applying for grants. Mayor Marty indicated that he spoke with Ms. McCullum's Minnesota Staff about information about the soundwall and the big thing is that everybody realizes that Minnesota is far behind other states as far as transportation goes. Mayor Marty indicated that he brought up Bus Route 860 and how the Met Council decided to pull the route and that Ieft a lot of people with no transportation. He then said it was a good meeting and everyone was right to the point and the next morning there was a transportation meeting and the representative and senator there were trying to promote the gas taa~ of 10 cents per gallon and he was against that but after hearing the discussion and the arguments the last gas tax that Minnesota put through was in 1988. Mayor Marty noted that the state of Wisconsin has slightly more expensive gas but they have funds available for working on the roads. Council Member Mueller said that the Community Center Garage Sale was Saturday and the proceeds benefited the YMCA and the Community Center. Items left over will be donated to other charitable groups and she would like to thank those that participated in the sale either by donation or by shopping at the sale. • Mayor Marty noted that the money goes toward scholarships for kids within the Communi that tY cannot afford to participate in activities. Council Member Flaherty indicated the Home show was going on in Blaine and some staff members were at the Mounds View booth to promote Mounds View. B. Reports of Staff 1. Review March 5, 2007 Work Session Agenda City Administrator Ulrich noted that Staff would pare down the Agenda slightly and there are a number of carryover items that there may not be time for. He then reviewed them with Council. City Administrator Ulrich indicated that Senator Betzold and Representative Tillberry are holding a townhall meeting on March 6, 2007 at 7:00 p.m. City Administrator Ulrich reported that the joint meeting with New Brighton has been rescheduled for April 2, 2007 prior to the work session. Mayor Marty noted that entomologists are getting concerned about honey bees because mites got ~ in and killed a lot and now whole hives are dying and they do not know why that is why the City will be considering a beekeeping ordinance. He then said that squad car color has been on the l~st for a while. Mounds View City Council February 26, 2007 Regular Meeting Page 16 Council agreed to allow Work Session Agenda items to be modified by the City Administrator to fit into the available time. C. Reports of City Attorney City Attorney Riggs updated Council regarding the issues of billboards to be consistent with the agreements with Clear Channel and Medtronic. He then said that Numbers 2 and 3 are to be removed by March 31, 2007. Medtronic has asked to leave 2 up and remove 6 and Clear Channel is willing to do that so that may come to Council for consideration because leases and agreements will need to be amended. He then said that Clear Channel is moving forward with applications necessary for permits and Clear Channel wants to wrap everything up as soon as possible and Medtronic may be willing to do so. Mayor Marty asked the City Attorney to provide the information on this situation to the new Council Members. Mayor Marty asked for the status on the request to Mn/DOT to remove scrub trees that had grown up. City Attorney Riggs indicated request has been made but Mn/DOT has not provided official permits but there have been discussions on what needs to be removed and this whole issue needs to be resolved by October 25, 2007. Council Member Flaherty commented that he hopes that everyone understands that the number one priority with Mn/DOT is the soundwall and that is more important than scrub trees to be removed. Mayor Marty said he was wondering if Mn/DOT had made any determination. Council Member Mueller asked whether the sign language was adopted. City Attorney Riggs said that the emergency moratorium is in place and Clear Channel was informed of it. 12. Next Council Work Session: Next Council Meeting: 13. ADJOURNMENT The meeting was adjourned at _ p.m. Transcribed by: Monday, March 5, 2007, at 7 p.m. Monday, March 12, 2007 at 7 p.m. ~ • Joan Lenzmeier, Recording Secretary • TimeSaver Off Site Secretarial, Inc.