HomeMy WebLinkAboutAgenda Packets - 2018/01/02CITY OF MOUNDS VIEW
SPECIAL CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, January 2, 2018
6:30 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Mueller, Gunn, Hull, Meehlhause, Bergeron
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES
A. November 27, 2017
B. December 4, 2017 (Truth -In -Taxation Special Meeting)
C. December 11, 2017
6. CONSENT AGENDA
A. Resolution 8885 Approving an Extension of Dippin Chocolates Lease
7. PUBLIC COMMENT
Citizens may speak to issues not on tonight's agenda. Before speaking, please
give your full name and address for the minutes. Also, please limit your
comments to three minutes.
8. SPECIAL ORDER OF BUSINESS
A. Resolution 8880, Appreciating Jessica Rieland for Her Service on the Mounds
View Economic Development Commission
9. COUNCIL BUSINESS
A. Resolution 8884, Appointing Nyle Zikmund as City Administrator
B. Resolution 8882, Selection of the Acting Mayor, Treasurer and Official
Newspaper and Depositories for 2018
C. Resolution 8883, Appointing City Council Members and City Staff as
Representatives for City Commissions and Other Organizations
D. Resolution 8881, Approving the hire of Karla Keys as Police Administrative
Assistant
10. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
11. Next Council Work Session: Immediately Following This Meeting
Next Council Meeting: January 8, 2018 6:30 p.m.
12. ADJOURNMENT
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PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
November 27, 2017
Mounds View City Hall
2401 County Road 10, Mounds View, MN 55112
6:01 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller
NOT PRESENT: None.
4. APPROVAL OF AGENDA
A. Monday, November 27, 2017, City Council Agenda.
MOTION/SECOND: Gunn/Hull. To Approve the Monday, November 27, 2017, agenda as
presented.
Ayes — 5 Nays — 0 Motion carried.
5. APPROVAL OF MINUTES
A. November 13, 2017, City Council Meeting Minutes.
Council Member Hull requested a correction on Page 5, Line 42 stating Sysco was spelled
incorrectly.
Council Member Meehlhause requested a correction on Page 1, Line 43 requesting Ramsey
County Commission be added before Mary Jo McGuire.
Council Member Meehlhause requested a correction on Page 3, Line 4 stating the line should
read a realistic plan.
Council Member Meehlhause requested a correction on Page 5, Line 37 removing the word had.
Council Member Meehlhause requested a correction on Page 5, Line 42 removing the word the.
Council Member Meehlhause requested a correction on Page 6, Line 13 deleting the word for.
Mounds View City Council November 27, 2017
Regular Meeting Page 2
1 Council Member Meehlhause requested a correction on Page 8, Line 41 removing the words at
2 and County.
3
4 Mayor Mueller requested a correction on Page 8, Line 23 it should be noted Councilmember
5 Bergeron attended this event and not the Mayor.
6
7 Mayor Mueller requested a correction on Page 9, Line 1 changing addressed to resolved.
8
9 Mayor Mueller requested a correction on Page 9, Line 11 stating this line should read: updated
10 the Council on the Crossroad Pointe development.
11
12 Mayor Mueller requested a correction on Page 9, Line 44 adding the following sentence after the
13 word year: The food shelf has a donor matching up to $15,000 for cash and check donations
14 through December 31, 2017.
15
16 MOTION/SECOND: Gunn/Meehlhause. To Approve the November 13, 2017, City Council
17 meeting minutes as corrected.
18
19 Ayes — 5 Nays — 0 Motion carried.
20
21 6. CONSENT AGENDA
22
23 Council Member Meehlhause asked to remove Item 6E.
24
25 A. Just and Correct Claims.
26 B. Resolution 8860, Approving a Cost of Living Adjustment, Insurance
27 Contribution, and Insurance Opt -Out Payment for Non -Union Employees.
28 C. Resolution 8861, Authorizing Severance for Jennifer Fulton, Police Support
29 Specialist.
30 D. Resolution 8862, Adopting the Position Description for the Human Resources
31 Coordinator Position.
32 F 8863, _Approving —the —Reaeording Sceretfl y Sen-iee Agreemen
Amendment33 tea. TimeSaver Off Site Seeiretarial,
34 F. Resolution 8865, Electing to Retain the Statutory Tort Limit on Liability for
35 the 2018 Insurance Policies.
36
37 MOTION/SECOND: Meehlhause/Hull. To Approve the Consent Agenda as amended removing
38 Item 6E.
39
40 Ayes — 5 Nays — 0 Motion carried.
41
42 E. Resolution 8863, Approving the Recording Secretary Service Agreement
43 Amendment with TimeSaver Off -Site Secretarial, Inc.
44
45 Council Member Meehlhause stated he was surprised to see the minutes required changes each
Mounds View City Council November 27, 2017
Regular Meeting Page 3
1 month given the fact a professional service was hired to provide minutes.
2
3 Mayor Mueller encouraged Interim City Administrator Zikmund to reach out to TimeSaver Off -
4 Site Secretarial regarding this concern.
5
6 MOTION/SECOND: Meehlhause/Bergeron. To Waive the Reading and Adopt Resolution
7 8863, Approving the Recording Secretary Service Agreement Amendment with TimeSaver Off -
8 Site Secretarial, Inc.
9
10 Ayes — 5 Nays — 0 Motion carried.
11
12 7. PUBLIC COMMENT
13
14 Robin Howard, Social Worker at Pinewood Elementary School, discussed two items with the
15 Council. She stated she was hosting a dinner discussion at the Mounds View Community Center
16 for Pinewood Elementary families on Thursday, December 7"'. She invited the City Council to
17 attend and participate in this event. She commented on the Pinewood Learning Support and
18 Family Welcome Center and described the mission for this group. She asked if the City Council
19 would be interested in being a part of the welcome package being offered by the welcome center.
20
21 Mayor Mueller encouraged Ms. Howard to speak with Interim City Administrator Zikmund
22 regarding the welcome package situation. She encouraged Ms. Howard to reach out to the
23 Ramsey County Library as well.
24
25 8. SPECIAL ORDER OF BUSINESS
26
27 None.
28
29 9. COUNCIL BUSINESS
30 A. 6:05 p.m. Public Hearing: to Consider a Street Reconstruction Project
31 located in the Business Park North to be Assessed Pursuant to Chapter 8 of
32 the City Charter.
33
34 Public Works Director Peterson requested the Council consider a street reconstruction project
35 located in the Business Park North which would be assessed pursuant to Chapter 8 of the City
36 Charter. He discussed the findings from the recent soil borings and noted these roadways were
37 constructed originally in 1974. He reviewed the recommendations for the reconstruction project
38 and explained the majority of the curbing would remain intact. Staff reported this project would
39 be paid for through City funds and assessments. Further discussion ensued regarding the project
40 timeline.
41
42 Mayor Mueller requested staff describe the project area in further detail for the public. Public
43 Works Director reviewed the roadways included within the proposed improvement project.
44
45 Mayor Mueller opened the public hearing at 6:26 p.m.
Mounds View City Council November 27, 2017
Regular Meeting Page 4
2 Jason Studer, 2135 Program Avenue, explained he owned 35W Auto Repair and Car Wash. He
3 expressed concern with how his business would be impacted by the proposed improvement
4 project. He feared that vehicles would not be able to drive through this area to wash their cars,
5 which would hurt his business.
6
7 Del Pawlecheck, Multi -Tech Systems, expressed concern with how traffic would flow to and
8 from his business. He asked how and when the final assessment amount would be set.
9
10 Mayor Mueller explained after the project was approved and completed the final costs would be
11 set during an assessment hearing. She reported the assessment hearing was projected to be held
12 in October of 2018. She noted these assessments would be for 10 years and would have 5.5%
13 interest rate.
14
15 Hearing no further public input, Mayor Mueller closed the public hearing at 6:32 p.m.
16
17 Council Member Meehlhause requested further information on how this project would be
18 completed. Public Works Director Peterson explained the proposed streets would never be
19 completely shut down. He indicated this would be a very fast project and curb repair/work
20 would be completed first. He anticipated that once the asphalt was out and the street was
21 regraded, it would only be a matter of a week or two before the pavement was back in place. He
22 reported this project area did not include extensive sanitary sewer repairs.
23
24 Council Member Meehlhause asked if the project would be completed in phases. Public Works
25 Director Peterson stated the project would be done in several phases.
26
27 Council Member Hull questioned if staff could work with Mr. Studer in order to address his
28 access concerns. Public Works Director Peterson stated he would be in contact with Stantec and
29 Mr. Studer.
30
31 Mayor Mueller inquired where storm sewer improvements would be made within this project.
32 Public Works Director Peterson discussed the improvements that would be made to the storm
33 sewer system within the project area.
34
35 Council Member Meehlhause asked if Council action was required at this meeting. Public
36 Works Director Peterson explained the only action required was for the Council to hold the
37 Public Hearing.
38
39 Council Member Meehlhause encouraged the business owners in attendance to contact business
40 owners along Mustang Drive. He explained these business owners were very pleased to have
41 new streets and provided a great deal of positive feedback to the City on how this project was
42 completed. He stated he was happy to see these roadways being completed as they were not part
43 of the City-wide street reconstruction plan.
44
45 Mayor Mueller requested the proposal or RFP include a clause that the roadways may not remain
Mounds View City Council November 27, 2017
Regular Meeting Page 5
1 open for more than 30 days.
2
3 Council Member Bergeron questioned when Quincy would be completed. Public Works
4 Director Peterson stated this roadway was slated for work in 2020.
5
6 B. Resolution 8852, a Resolution to Consider and Approve the 2018 Fee
7 Schedule.
8
9 Interim City Administrator Zikmund recommended the Council approve the 2018 fee schedule.
10 He reported staff has been working on the fee for the theater on -sale intoxicating liquor license
11 and noted only modest adjustments were made to all other proposed fees. Staff provided further
12 comment on the fee schedule and recommended approval.
13
14 Mayor Mueller reviewed the proposed fees for the on -sale intoxicating liquor license.
15
16 Council Member Bergeron stated he understood softball field charges had increased and this was
17 done to keep Mounds View in line with neighboring communities. He asked if these increases
18 would impact field usage. Interim City Administrator Zikmund deferred this question to Public
19 Works Director Peterson. Public Works Director Peterson stated the YMCA is not anticipating
20 any change in the field usage.
21
22 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8852, a
23 Resolution to Consider and Approve the 2018 Fee Schedule.
24
25 Ayes — 5 Nays — 0 Motion carried.
26
27 C. Resolution 8854A, Accepting Improvements and Approve Final Payment for
28 CSAH Trail Segment 6 & 11.
29
30 Public Works Director Peterson requested the Council accept the improvements and approve
31 final payment for CSAR trail segments 6 and 11. He reported this project started in 2015 and
32 provided valuable connections within the City's trail system. He explained the trail work
33 included lighting and landscaping. He reviewed the expense for the project, noting it came in
34 $27,000 under budget. Staff recommended the Council accept the improvements and approve of
35 the final payment.
36
37 Mayor Mueller asked if the new trail segment has had any impact on the south side of Groveland
38 Road. Public Works Director Peterson stated he was unaware of this situation, but stated he
39 would investigate this further.
40
41 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8854,
42 Accepting Improvements and Approve Final Payment for CSAH Trail Segment 6 & 11.
43
44 Council Member Bergeron stated he appreciated the fact these trail segments were now complete
45 and that they came in under budget.
Mounds View City Council November 27, 2017
Regular Meeting Page 6
2 Ayes — 5 Nays — 0 Motion carried.
3
4 D. Resolution 8855, Accepting Improvements and Approve Final Payment for
5 Silver View Trail Rehabilitation.
6
7 Public Works Director Peterson requested the Council accept improvements and approve final
8 payment for the Silver View Trail Rehabilitation. He explained this project started in 2014 when
9 design services were ordered. He stated in 2015, the City moved the project forward and ran into
to problems with several easements, which delayed the project one year. He reported the project
11 was completed in the fall of 2016 and 5% of the project was held by the City until the final punch
12 list items were completed. He indicated this project came in $50,500 under budget. Staff
13 recommended the Council accept the improvements and approve the final payment.
14
15 Mayor Mueller thanked City Attorney Riggs, Public Works Director Peterson, City
16 Administrator Ericson, and Interim City Administrator Zilmund for working so diligently on the
17 easement issues in order to complete this trail segment.
18
19 MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 8855,
20 Accepting Improvements and Approve Final Payment for Silver View Trail Rehabilitation.
21
22 Council Member Meehlhause stated residents were very pleased with how this trail turned out.
23 He thanked former Public Works Director Erickson for his assistance on this project.
24
25 Ayes — 5 Nays — 0 Motion carried.
26
27 E. Resolution 8859A, Approving the Hire of Nicholas Henly as Building
28 Official.
29
30 City Planner/Supervisor Sevald requested the Council approve the hire of Nicholas Henly as the
31 City's Building Official. He reported the City has had a vacancy in this position since late
32 September. The City has been contracting these services in the interim. He commented on the
33 hiring process and noted the City had seven applicants apply for this position. After completing
34 interviews, staff recommended the hire of Nicholas Henly. He also recommended this position be
35 changed from non-exempt to exempt.
36
37 Council Member Gunn asked why staff was recommending a change to the exempt status. City
38 Planner/Supervisor Sevald explained this change would remove the hourly rate and allow the
39 building official to work more than 40 hours per week if a storm situation were to arise. Interim
40 City Administrator Zikmund reported the newly approved job description points to this position
41 being exempt.
42
43 Mayor Mueller questioned when Mr. Henly would be starting with the City. City
44 Planner/Supervisor Sevald stated Mr. Henly would begin working for Mounds View on January
45 2, 2018.
Mounds View City Council November 27, 2017
Regular Meeting Page 7
2 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8859,
3 Approving the Hire of Nicholas Henly as Building Official.
4
5 Ayes — 5 Nays — 0 Motion carried.
6
7 F. Resolution 8864, Approving Fred Kolkman Tennis & Sport Surfaces, Inc. to
8 prepare plans and specifications for total reconstruction of the tennis courts
9 at Greenfield and Groveland Parks.
10
11 Public Works Director Peterson requested the Council approve Fred Kolkman Tennis and Sports
12 Surfaces to prepare plans and specifications for the total reconstruction of the tennis courts at
13 Greenfield and Groveland Parks. He explained these tennis courts were beyond their useful life
14 and were in need of reconstruction. He reported the Park and Recreation Commission has
15 recommended both of these parks should have one basketball court and one tennis court. It was
16 noted the project cost would be covered by the Park Dedication Fund.
17
18 Council Member Bergeron asked if the lighting would be adjusted at these facilities. Public
19 Works Director Peterson stated the lighting would remain in place and the courts would be
20 centered within the existing lighting.
21
22 Council Member Meehlhause questioned how much this project would cost. Public Works
23 Director Peterson anticipated the project would cost several hundred thousand dollars per tennis
24 court. He explained he would be reporting back to the Park and Recreation Commission after
25 staff receives plans and specifications from Fred Kolkrnan Tennis and Sports Surfaces.
26
27 MOTION/SECOND: Hull/Meehlhause. To Waive the Reading and Adopt Resolution 8864,
28 Approving Fred Kolkman Tennis & Sport Surfaces, Inc. to prepare plans and specifications for
29 total reconstruction of the tennis courts at Greenfield and Groveland Parks.
30
31 Ayes — 5 Nays — 0 Motion carried.
32
33 10. REPORTS
34 A. Reports of Mayor and Council.
35
36 Council Member Meehlhause reported he attended a Twin Cities Gateway meeting last week.
37 He noted the visitor's bureau continues to remain solid and was pleased to report tax collection
38 for the fourth quarter was strong. He provided further comment on hotel taxes collected between
39 2016 to 2017.
40
41 Mayor Mueller commented on a recent magazine that highlighted the Twin Cities Gateway
42 organization, but more importantly focused on the Mermaid and the Mounds View Event Center.
43 She stated she was proud that both of these facilities were featured in this well-known Twin
44 Cities Business magazine.
45
Mounds View City Council November 27, 2017
Regular Meeting Page 8
1 Council Member Meehlhause stated he would be attending the Met Council/League of
2 Minnesota Cities meeting on Wednesday, November 29th. He reported he had an NYFS
3 Executive Committee meeting on Thursday, November 30th
4
5 Council Member Meehlhause encouraged the community to attend the Lions Breakfast with
6 Santa on Sunday, December 3rd from 9:00 a.m. to 1:00 p.m. at Edgewood Middle School. He
7 noted Cookies with Santa would be held at the Mounds View Community Center on Saturday,
8 December 2"d from 10:00 a.m. to 12:00 p.m.
9
10 Council Member Meehlhause stated the next YMCA Advisory Committee meeting would be on
11 Monday, December 4th,
12
13 Council Member Meehlhause reported on Saturday, December 2"d long-time Mounds View
14 Resident Don "Mr. Mounds View" Hodges would be celebrating his 901h birthday. He provided
15 further comment on the large number of activities that Mr. Hodges participated in and wished
16 Don a very Happy Birthday. A round of applause was offered by all in attendance.
17
18 Council Member Bergeron wished Don Hodges a Happy Birthday as well and agreed he was
19 "Mr. Mounds View".
20
21 Council Member Bergeron requested the Council consider supporting a Resolution that would
22 allow students to participate and serve on the City's commissions during their junior or senior
23 year. He believed it would greatly benefit the City to allow students to serve in this capacity.
24
25 Mayor Mueller asked if the Council supported discussing this further on Monday, January 2"d at
26 their worksession meeting. The Council supported this recommendation.
27
28 Council Member Meehlhause stated this was a great way to get youth interested in governmental
29 service.
30
31 Council Member Gunn reported the I -35W Coalition met recently and the group discussed why
32 fees were still being collected. She explained there was a need to collect dues to address Phase II
33 of the upcoming project.
34
35 Mayor Mueller provided the Council with a chart she received at a recent meeting on
36 parliamentary procedures.
37
38 Mayor Mueller thanked all Mounds View residents who had holiday lights on display and those
39 performing acts of goodwill, which included a donation to the Ralph Reeder Food Shelf. She
40 explained all donations made through December 31, 2017 would have a match from a generous
41 donor up to $15,000.
42
43 Mayor Mueller wished Finance Director Beer a Happy Birthday.
44
Mounds View City Council November 27, 2017
Regular Meeting Page 9
1 Mayor Mueller stated on Tuesday, November 28th the 60th Anniversary Committee would be
2 meeting at City Hall at 7:00 p.m. Those interested in helping with this event were encouraged to
3 attend.
4
5 Mayor Mueller reported she would be attending the Met Council/League of Minnesota Cities
6 meeting on Wednesday, November 29th at 10:30 a.m. The sessions planned for this event were
7 reviewed in further detail.
8
9 Mayor Mueller noted she would be attending the Ramsey County League of Local Government
10 Annual Meeting on Thursday, November 30th where the key discussion would be provided by
11 David Schultz, who was a Political Science Professor at Hamline University.
12
13 Council Member Gunn stated on December 5th, December 7th, December 12th and December 14th
14 sessions would be held for the New American Academy at Silver View Plaza. (loam to noon).
15
16 B. Reports of Staff.
17
18 Public Works Director Peterson provided the Council with a progress update on the Public
19 Works Facility.
20
21 Public Works Director Peterson reported MnDOT was seeking approval from the City to have
22 the signal lights on County Road 10 to be synched or timed in a certain manner during the
23 MNPASS project. He provided further comment on how this project would impact the City.
24
25 Mayor Mueller asked if the speed limit along County Road 10 would be changed by MnDOT.
26 Public Works Director Peterson stated MnDOT was not proposing to change the speed limit but
27 rather wanted to have the lights synchronized in order to keep traffic flowing through this area in
28 a more efficient manner.
29
30 Council Member Bergeron stated he supported synchronization of these lights.
31
32 Mayor Mueller supported the light synchronization as well and hoped that this would improve
33 safety along the corridor.
34
35 The Council offered their full support to synchronize the lights along County Road 10
36
37 Mayor Mueller asked when the Council could tour the Public Works Facility next. Public Works
38 Director Peterson suggested the tour be held on Monday, December 11th at 5:00 p.m.
39
40 Finance Director Beer reported staff attended new website training today and staff would
41 continue to work to eliminate the bugs and errors on site. He explained staff was finishing up
42 online open enrollment and noted this went quite smoothly.
43
44 Finance Director Beer reviewed the items that would be addressed by the Council at their
45 December 4th worksession and December 11th City Council meetings.
Mounds View City Council November 27, 2017
Regular Meeting Page 10
2 Finance Director Beer stated he was pleased to report the City received a certificate from the
3 MNGFOA for the 2016 Audit. He noted this was the 13'h year in a row the City has received this
4 award. The Council offered Finance Director Beer a round of applause for his efforts on behalf
5 of the City.
6
7 Finance Director Beer requested the Council provide staff with a date for the January Council
8 Retreat. The Council recommended the retreat be held on Monday, January 29'h at 6:00 p.m.
9
10 Interim City Administrator Zikmund provided the Council with an update on the hiring process
11 for the Police support position. He noted 124 applications were received and noted interviews
12 would be held next week.
13
14 Interim City Administrator Zikmund reported he attended a MAC Advisory Committee meeting
15 and it was noted they would not be updating their Comprehensive Plan in 2018 as they have no
16 plans to change their facility. He explained the remainder of the meeting was spent discussing
17 Super Bowl impacts.
18
19 Interim City Administrator Zikmund indicated the City received five proposals for prosecution
20 services. He stated Chief Harder and himself reviewed these proposals and would be holding
21 interviews with two of the firms next Monday and Tuesday.
22
23 Interim City Administrator Zikmund provided the Council with a handout from the discussion
24 held at the recent retreat. He summarized the comments made at this meeting and reviewed the
25 future funding challenges the Council will face. He noted this handout was for informational
26 purposes only.
27
28 C. Reports of City Attorney.
29
30 City Attorney Riggs had nothing additional to report.
31
32 Mayor Mueller commented on a letter from City Planner/Supervisor Sevald regarding MU2010-
33 255. She presented the City Attorney with a copy of this letter. She stated publicly the City was
34 trying to move forward to resolve this issue and delays continue due to actions of the property
35 owner. She anticipated this matter would be delayed into 2018, which was because of the
36 property owner and not the actions of the City.
37
38 D. Report of Executive Search Consultant.
39
40 Mayor Mueller excused Interim City Administrator Zikmund from the meeting at this time. She
41 noted the Council would be receiving an update from a consultant from Springsted Waters
42 regarding the Executive Search for the new City Administrator position. She noted the Council
43 currently had a list of 13 finalists to consider. She explained the candidates would be discussed
44 by their number and would not be identified by their name.
45
Mounds View City Council November 27, 2017
Regular Meeting Page 11
1 Mayor Mueller recessed the City Council meeting at 7:57 p.m.
2
3 Mayor Mueller reconvened the City Council meeting at 8:04 p.m.
4
5 Sharon Klump, Springsted Waters Consultants, thanked the Council for their time and noted the
6 objectives for this meeting was to discuss candidates and select finalists. She reported this would
7 be done by speaking of the candidates by their number and not by name or their current
8 employer. She stated she would also like to finalize interview dates. She commented on the
9 videos that were submitted by the candidates and requested the Council offer their top candidates
10 by number at this time.
11
12 Mayor Mueller stated not all members of the Council had their candidate information in front of
13 them and staff was making copies. She asked if any of the candidates had been hired by another
14 municipality and had dropped out of consideration. Ms. Klump reported Candidate 2 had
15 dropped out. It was noted all others were still under consideration.
16
17 Mayor Mueller explained the City Council and Mayor had previously discussed waiting to hire
18 the key positions that were vacant in City Hall until after the new City Administrator was on
19 board. However, after further consideration, a Public Works Director and Human Resources
20 Coordinator were hired.
21
22 Ms. Klump stated the top five candidates based on the rankings provided by the Council were 1,
23 8, 9, 12 and 13. She asked if there were any other candidates that the Council would like to
24 discuss further.
25
26 Council Member Gunn requested Candidates 11 be discussed further.
27
28 Council Member Meehlhause stated he had Candidates 4 and 6 on his list. Ms. Klump stated no
29 further conversation would be held regarding Candidates 3, 5, 7, and 10.
30
31 Mayor Mueller and Council Member Meehlhause asked that Candidate 10 remain in the list for
32 consideration.
33
34 Mayor Mueller stated her top four candidates were Candidates 1, 10, 12 and 13.
35
36 Council Member Meehlhause indicated his top four were Candidates 4, 6, 10 and 13.
37
38 Council Member Bergeron commented his top four were Candidates 3, 8, 9, and 12.
39
40 Council Member Hull stated his top four were 13, 1, 4 and 12.
41
42 Council Member Gunn reported her top four candidates were 1, 13, 8 and 11.
43
44 Mayor Mueller reviewed the desired capabilities the City Administrator was to exhibit in order to
45 be considered by the City Council.
Mounds View City Council November 27, 2017
Regular Meeting Page 12
1
2 Ms. Klump tallied the votes for the top four candidates fiom each Council Member and provided
3 the following results:
4
5 Candidate 1: 3 votes
6 Candidate 3: 1 vote
7 Candidate 4: 2 votes
8 Candidate 6: 1 vote
9 Candidate 8: 2 votes
10 Candidate 9: 1 vote
11 Candidate 10: 2 votes
12 Candidate 11: 1 vote
13 Candidate 12: 3 votes
14 Candidate 13: 4 votes
15
16 Ms. Klump explained Candidates 1, 12 and 13 had the highest number of votes. For this reason,
17 she recommended the Council move forward with candidates 1, 12 and 13.
18
19 Mayor Mueller questioned if any of these finalists were being actively pursued by other cities.
20 Ms. Klump reported Candidate 1 and 12 were in active searches and could possibly be hired by
21 other cities.
22
23 Mayor Mueller recommended a fourth candidate be added to the Council's list of finalists. She
24 suggested a Candidate that received two votes be considered. Ms. Klump concurred with this
25 suggestion and stated the Council could elect to have five finalists or a second round of
26 interviews.
27
28 Mayor Mueller suggested Candidate 10 be added to the list of interviewees.
29
30 Council Member Gunn recommended that the top six vote getters be interviewed considering
31 several candidates were in other search processes. She asked that Candidates 4, 8 and 10 be
32 added to the list of finalists. Ms. Klump stated she would be able to work with this list.
33
34 Council Member Hull commented the Council was now considering candidates that received less
35 than half of the votes from the Council. Ms. Klump understood this to be the case but
36 encouraged the Council to hold all of the interviews at one time.
37
38 Council Member Gunn supported the Council holding group interviews with these top six
39 candidates. Ms. Klump reported reference and background check information, along with
40 information from department heads would be available for the Council to review prior to the
41 group interviews. She believed all of these different data points would be valuable for the
42 Council to consider.
43
44 Mayor Mueller expressed concern with Candidate 4 and noted how the work history for this
45 individual showed short stints at a number of positions. She asked if there was any other
Mounds View City Council November 27, 2017
Regular Meeting Page 13
I information available regarding this situation. Ms. Klump stated this individual was beginning
2 their career and she did not believe this person was looking for a stepping stone but rather was
3 gathering experience in order to move into the metro area and noted Mounds View was an
4 attractive position for this individual.
5
6 Council Member Meehlhause stated he had a concern with Candidate 1. Ms. Klump stated she
7 spoke with Candidate 1 and noted there was a mutual parting from the recent position. She
8 understood there were fiustrations in this position and working with the City Council. Further
9 discussion ensued regarding this situation.
10
l i Ms. Klump summarized the comments she has heard from the Council and noted the top finalists
12 moving forward for Council consideration were Candidates 1, 4, 8, 10, 12, and 13. She
13 explained she would be in contact with these individuals tomorrow morning and her office would
14 be preparing data practices information. She provided further comment on the interview process
15 and noted interviews were slated for December 15Th and December 16th. She apologized to the
16 Council and explained she would not be available on December 15th, however one of her
17 colleagues may be available to assist with the interviews with the department heads.
18
19 Mayor Mueller supported the interviews with the department heads remaining on December 15th,
20 with the Council panel interviews being held on December 16th. Ms. Klump stated a second
21 round of interviews could be held after December 16th if the Council does not have a clear
22 decision.
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24 Council Member Meehlhause asked if the six finalist panel interviews should be spread over two
25 days. Public Works Director Peterson suggested three interviews be held on Friday and three be
26 held on Saturday.
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28 Council Member Meehlhause questioned if a set of questions would be provided to the Council
29 to be used for each candidate. Ms. Klump stated she could provide the Council with a list of
30 questions and noted follow-up questions would be appropriate.
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32 Mayor Mueller reviewed the seven top competencies for a highly qualified City Administrator
33 candidate with the Council. She stated she looked forward to interviewing the two six candidates
34 keeping these competencies in mind.
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36 Mayor Mueller inquired if she should be making calls and checking references or if the
37 consultant should complete this work. Ms. Klump suggested the Mayor work with her on the
38 reference checks to ensure multiple calls were not being made to the same reference point.
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40 Mayor Mueller recommended City Attorney Riggs sit in on the interviews as one of the
41 department heads. The Council was in agreement with this suggestion.
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43 Mayor Mueller questioned how long the interviews would take. Ms. Klump suggested each
44 interview be held for 50 minutes with a 10 to 15 -minute block in between the interviews.
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Mounds View City Council November 27, 2017
Regular Meeting Page 14
Finance Director Beer asked how the City would make the names of the candidate's public. Ms.
Klump recommended the City have this information available to the public if someone calls. She
reported a press release was not necessary. She explained she would be working on questions
and would be forwarding these to staff on November 28t".
Council Member Gunn questioned if the candidates would be given a copy of the questions prior
to the interview. Ms. Klump did not recommend this.
11. Truth -In -Taxation Meeting:
Next Council Work Session:
Next Council Meeting:
12. ADJOURNMENT
The meeting was adjourned at 9:22 p.m.
Transcribed by:
Heidi Guenther
TimeSaver Off Site Secretarial, Inc.
Monday, December 4, 2017, at 6:00 p.m.
Monday, December 4, 2017, at 7:00 p.m.
Monday, December 11, 2017, at 6:00 p.m.
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PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Special City Council Meeting
December 4, 2017
Mounds View City Hall
2401 Mounds View Blvd., Mounds View, MN 55112
6:01 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller.
NOT PRESENT: None.
4. APPROVAL OF AGENDA
A. Monday, December 4, 2017, City Council Agenda.
MOTION/SECOND: Gunn/Bergeron. To Approve the Monday, December 4, 2017, agenda as
presented.
Ayes — 5 Nays — 0 Motion carried.
5. PUBLIC INPUT
None.
6. SPECIAL ORDER OF BUSINESS
None.
7. COUNCIL BUSINESS
A. Truth in Taxation.
Finance Director Beer indicated this special meeting fulfilled the City's need to hold a Truth in
Taxation hearing. He reviewed the proposed 2018 budget in detail indicating it was the City's
mission to provide high quality public services that effectively address changing citizen and
community needs at a fiscally responsible rate. General Fund expenditures by purpose were
reviewed along with expenditures by function. He noted this meeting would allow the public a
time to voice concerns and explained the final budget would be approved at the December 11 rn
City Council Meeting.
Mounds View City Council December 4, 2017
Special City Council Meeting Page 2
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2 Finance Director Beer reported the public voted in November to add one Police Officer to the
3 Mounds View Police Department. The additional expense for this new position was discussed.
4 He then reviewed the General Fund operating expenditures in further detail. He indicated the
5 General Fund operating expenditures would increase by 5.63% for 2018.
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7 Finance Director Beer discussed the City's revenues noting the estimated LGA for the coming
8 year was $736,425. He explained the City included 90% of this amount in the budget as a
9 precaution from future uncertainty at the State level. He noted the Fund Balance will be reduced
io by $250,000 all from the Levy Reduction Fund. He reviewed the 2017 levy to the 2018 levy
11 noting the expense for the additional police position. He explained the City was looking at an
12 8.87% increase in the levy. He described how the median value homeowner would be impacted
13 by the proposed tax levy. He noted he had a video posted on the City's website to provide
14 further information on the correlation between property taxes and home values. He commented
15 on the levies proposed by neighboring communities and reported Mounds View was on the low
16 end.
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18 Mayor Mueller questioned what the balance was in the Levy Reduction Fund. Finance Director
19 Beer reported this fund has just over $5.5 million.
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21 Barbara Haake, 3024 County Road I, asked if the City was proposing an 8.87% increase for
22 2018. Finance Director Beer reported this was the case.
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24 Ms. Haake questioned if this was due to the new police position. Finance Director Beer stated
25 the General Fund increase was 4.3% and the new police position was 1.86%.
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27 David Piskorski, 7878 Woodlawn Drive, inquired if staff had a breakdown of the contributions
28 homeowners make to the City through property taxes versus commercial property owners.
29 Finance Director Beer stated he did not have this information within his presentation.
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31 Mr. Piskorski questioned how long it took new commercial projects to get on the tax rolls.
32 Finance Director Beer explained if a project was completed by June 301h, the County would
33 include it in the tax rolls for the following year. He reported partial values could be taken if a
34 project was only partially complete.
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36 Mr. Piskorski asked for further information on the fire department cost increases. Finance
37 Director Beer stated the City had an increase in calls for service in 2017, which would lead to
38 higher costs in 2018.
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40 Judy Elfstrand, 2071 Pinewood Drive, commented on the chart in the recent Mounds View
41 Matters. She asked if residents were taxed based on their home's taxable value or market value.
42 Finance Director Beer reported the County uses the taxable value.
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44 She reported her property taxes were about $100 more than what she was charged. Finance
45 Director Beer discussed the timing of the financial information and encouraged Ms. Elfstrand to
Mounds View City Council December 4, 2017
Special City Council Meeting Page 3
1 estimate her property taxes off of the taxable value for her home. He stated he could investigate
2 the history of this property and would be in contact with Ms. Elfstrand.
3
4 COUNCIL REPORTS
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6 Council Member Meehlhause reported the Mounds View Police Department will begin the New
7 American Academy on Tuesday, December 5th from 10:00 a.m. to 12:00 p.m. at the Mounds
8 View Public Schools and Adult Learning Center in Silver View Plaza. He noted another session
9 would be held on Thursday, December 7th. The last two sessions would be held on Tuesday,
10 December 12th and Thursday, December 14th. He stated he would be attending all four of these
11 sessions.
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13 Council Member Meehlhause explained he would be attending a Northeast Youth and Family
14 Services Board meeting on Thursday, December 7th. He stated he would also be attending the
15 Pinewood Dinner and Discussion on Thursday.
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17 Council Member Meehlhause indicated the Mounds View Business Council would be meeting
18 next on Wednesday, December 13th at 7:30 a.m. at the Mermaid Event Center.
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20 Council Member Meehlhause thanked all of the Mounds View residents who supported the
21 Mounds View Lions at their waffle breakfast yesterday morning.
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23 Council Member Bergeron thanked Interim City Administrator Zikmund for his help on the plan
24 for youth in government. He noted this program would be called TCL for Tomorrow's Civic
25 Leaders.
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27 Council Member Gunn stated she would be attending a CTV Cable Commission meeting on
28 Thursday.
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30 Council Member Gunn wished longtime resident Don Hodges and his wife Amy a happy
31 birthday. She explained Don was the City of Mounds View's local historian.
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33 Mayor Mueller reported she attended the Ramsey County League of Local Government Annual
34 Meeting last week. She provided an overview of the topics discussed at this meeting.
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36 Mayor Mueller commented on the November/December Minnesota Cities magazine. She stated
37 the magazine had an article that addressed the high turnover rate for City employees.
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39 Mayor Mueller indicated the 60th Anniversary Committee was still seeking volunteers to help
40 plan and organize an event for 2018. She thanked those who had submitted stories and photos.
41 She reported the 60th Anniversary Committee was planning a dance for Friday, August 17th,
42 which was the day before the Festival in the Park.
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44 Mayor Mueller stated on Wednesday, December 13th she would be attending the Mounds View
45 Business Council.
Mounds View City Council December 4, 2017
Special City Council Meeting Page 4
2 Mayor Mueller encouraged residents to consider giving a donation to the Ralph Reeder Food
3 Shelf before December 31St. She explained that all cash or check donations made during the
4 month of December would be matched by a generous donor up to $15,000.
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6 Mayor Mueller commented on The Boulevard development and the notice that was sent out to
7 adjacent residents. She explained additional information was available at City Hall regarding
8 this development.
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Mayor Mueller congratulated Don and Amy Hodges on reaching their 90th and 891h birthdays.
Interim City Administrator Zikmund provided the Council with a handout on personnel matters.
He explained Building Official Nick Henly would be starting with the City on January 2". He
stated the Human Resources Coordinator Rayla Ewald began working with the City on
November 20th. He indicated the Public Works Director position was filled by Don Peterson.
He stated the Public Works Superintendent position had been posted internally, and the City only
received two applications. The applications were being scored, and an assessment would be
completed. He noted the City had three vacant positions within the Public Works Department at
this time. The City would be advertising for this position after the Public Works Superintendent
position was filled. His goal was to have these hirings completed by March 1St. He reported
interviews would be held on Wednesday for the Police Support Specialist position.
Finance Director Beer provided the Council with an update on the next steps for the City
Administrator position. He stated live interviews would be held with the top six candidates on
December 15th and December 16th. He explained these candidates would be interviewed by the
City Council, department heads and would receive a tour of the City by Public Works Director
Peterson.
8. Next Council Work Session:
Next Council Meeting:
9. ADJOURNMENT
The meeting was adjourned at 7:02 p.m.
Transcribed by:
37
38 Heidi Guenther
39 TimeSaver Off Site Secretarial, Inc.
Monday, December 4, 2017, at 7:00 p.m.
Monday, December 11, 2017, at 6:00 p.m.
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PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
December 11, 2017
Mounds View City Hall
2401 Mounds View Blvd., Mounds View, MN 55112
6:03 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller
NOT PRESENT: None.
4. APPROVAL OF AGENDA
A. Monday, December 11, 2017, City Council Agenda.
Mayor Mueller requested action on Item 9G be held after Item 9A noting an EDA meeting will
be held after Item 9A.
Council Member Meehlhause requested Item 5A be removed from the agenda due to the fact the
Council did not receive the November 27, 2017 minutes in the packet.
MOTION/SECOND: Meehlhause/Gunn. To Approve the Monday, December 11, 2017, agenda
as amended.
Ayes — 5 Nays — 0 Motion carried.
5. APPROVAL OF MINUTES
A. November 27, 2017, City Council Meeting Minutes.
This item was removed from the agenda.
6. CONSENT AGENDA
A. Just and Correct Claims.
B. Resolution 8874, Approving the Purchase of a Meter Reader and Software.
MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented.
Ayes — 5 Nays — 0 Motion carried.
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Mounds View City Council December 11, 2017
Regular Meeting Page 2
7. PUBLIC COMMENT
None.
8. SPECIAL ORDER OF BUSINESS
None.
9. COUNCIL BUSINESS
A. 6:00 p.m. Public Hearing — 2018 Tax Levy and Budgets for All Funds.
1. Resolution 8871, Adopting the 2018 Tax Levy.
Finance Director Beer requested the Council adopt the 2018 Tax Levy. He discussed the budget
approval process and noted this was the last action step for the Council. He explained the
Council held a Truth in Taxation Hearing on Monday, December 4th. He reviewed the proposed
levy in further detail and recommended approval.
Mayor Mueller opened the public hearing at 6:11 p.m.
Hearing no public input, Mayor Mueller closed the public hearing at 6:12 p.m.
Mayor Mueller noted the Council began working on this tax levy in March.
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8871,
Adopting the 2018 Tax Levy.
Ayes — 5 Nays — 0 Motion carried.
2. Resolution 8873, Approving the 2018 EDA Tax Levy.
Finance Director Beer requested the Council adopt the 2018 Tax Levy. He explained the City
used to have three TIF districts that generated funds for the EDA efforts in the City. It was noted
each of these TIF districts have decertified and therefore, the City has established an EDA tax
levy to assist with economic development efforts. Staff provided further comment on the
proposed EDA tax levy and recommended approval.
MOTION/SECOND: Meehlhause/Bergeron. To Waive the Reading and Adopt Resolution
8873, Approving the 2018 EDA Tax Levy.
Ayes — 5 Nays — 0 Motion carried.
3. Resolution 8872, Adopting 2018 Municipal Budget.
Finance Director Beer requested the Council adopt the 2018 municipal budget. He reviewed the
Mounds View City Council
Regular Meeting
December 11, 2017
PaLle 3
1 proposed budget with the Council recommending approval.
2
3 Mayor Mueller questioned how the City would cover an unexpected expense without any
4 contingencies written into the budget. Finance Director Beer reported the City had a Levy
5 Reduction Fund which was created from the sale of the Medtronic property. He explained this
6 fund could be used if the City had an unforeseen expense that was not included in the budget.
7
8 MOTION/SECOND: Gunn/Bergeron. To Waive the Reading and Adopt Resolution 8872,
9 Adopting 2018 Municipal Budget.
10
11 Ayes — 5 Nays — 0 Motion carried.
12
13 Mayor Mueller recessed the City Council meeting to an EDA meeting at 6:18 p.m.
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15 Mayor Mueller reconvened the City Council meeting at 6:34 p.m.
16
17 G. Joint Resolution 8879, and 17 -EDA -302, Approving a Loan Origination and
18 Home Energy Squad Enhanced Visit Agreement Between the EDA and the
19 Center for Energy and Environment.
20
21 Business Development Coordinator Beeman reported the EDA has approved a loan origination
22 and Home Energy Squad Enhanced Visit Agreement between the EDA and the Center for Energy
23 and Environment. He requested the Council also approve this agreement.
24
25 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8879,
26 Approving a Loan Origination and Home Energy Squad Enhanced Visit Agreement Between the
27 EDA and the Center for Energy and Environment.
28
29 Ayes — 5 Nays — 0 Motion carried.
30
31 B. Resolution 8777, Approval of the Preliminary Plat of "Boulevard".
32
33 Mayor Mueller opened the meeting for public comments on the proposed Preliminary Plat for
34 "Boulevard". She requested those present limit their comments to three minutes. She explained
35 the Council would not be answering questions from the public at this time.
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37 Mayor Mueller opened the meeting for public comment at 6:37 p.m.
38
39 Katie Rohrbacher, 8426 Groveland Road, stated she was uncertain if the County has approved an
40 exit and entrance onto Mounds View Boulevard. She explained she would rather see townhouses
41 at this site rather than an apartment building with workforce housing. She wanted to see the units
42 be owner occupied and not rental property. She recommended that if rental property was pursued
43 that the property owner be required to sign up for the three strikes and you are out program. She
44 asked if rental property owners were charged a fee from the City for repeat police calls.
45
Mounds View City Council December 11, 2017
Regular Meeting Page 4
1 Dave Auge, 8401 Groveland Road, stated he had reviewed the proposed plans for `Boulevard".
2 He explained he was pleased to see the proposal did not include driveways onto Groveland Road.
3 He expressed concern with the fact that all of the people fiom this development would impact
4 Mounds View Boulevard given the large number of a -turns that would be created.
5
6 Matt Oquist, 8408 Groveland Road, stated he had reviewed the brochure for the proposed
7 development. He believed it was a travesty that the City failed to report this development was
8 denied by the Planning Commission. He questioned why the City had not posted the Planning
9 Commission minutes to the City's website where this action would be reflected. He encouraged
10 the Council to respect the direction and actions taken by the Planning Commission and vote to
11 deny this development. He reported this building could have up to 40% Section 8 voucher
12 holders. He understood the developer had received an award of $6.2 million from the MHFA to
13 fund their $14.7 million project. This equated to almost 42% of the total project costs. He
14 indicated the applicant would be requesting an additional $550,000 in TIF funding from the City.
15 He did not support the City providing the developer additional tax dollars for this project. He
16 stated he did not support the City adding 60 units of affordable housing and recommended the
17 Council follow the recommendation of the Planning Commission. He noted this building would
18 not have services available to meet the needs of low income individuals. He commented on the
19 easement behind the project and asked if this came about after a meeting with the County.
20 Lastly, he believed the traffic numbers within the report were inaccurate and he too feared that
21 Mounds View Boulevard would have issues because of this development.
22
23 Andrea Shoup, 8330 Groveland Road, expressed concerns with how the proposed development
24 would further concentrate the socio-economic disparity in the community. She explained
25 Pinewood Elementary already served 56% of students that required free and reduced lunch. She
26 stated the other elementary schools in the district served roughly 14%. She feared how Pinewood
27 would be impacted by funneling additional low-income students into this area. She encouraged
28 the City Council to change the landscape of the City by providing integrated schools that are
29 more balanced. She stated she supported low income housing in the community, but
30 recommended another location be pursued for the proposed development.
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32 Mayor Mueller closed the meeting for public comment at 6:52 p.m.
33
34 City Planner/Supervisor Sevald reviewed the Preliminary Plat for "Boulevard" with the Council.
35 He discussed the history of this request in further detail and noted it began with a rezoning of two
36 properties. He noted the rezonings were approved by the Council in May of 2017. He explained
37 the original Preliminary Plat was discussed in July and a public hearing was held. He reported
38 this item was tabled to allow for further conversations with Ramsey County regarding access to
39 the site. After the Council and the County Commissioners met in October to discuss this matter,
40 the County has agreed to allow a shared access to the site. He described the conditions that
41 would have to be followed in order for this access to be approved. He provided further comment
42 on the plans for Mounds View Boulevard, along with how the shared access point would service
43 future properties to the west.
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45 City Planner/Supervisor Sevald reported the developer was proposing to construct a three-story
Mounds View City Council December 11, 2017
Regular Meeting Page 5
1 building with underground parking. He noted the parcel was zoned R-4 and was within the
2 Mounds View Boulevard overlay district. The building standards for this overlay district were
3 described further. The location of the pedestrian trail and lighting was noted. The parking and
4 landscaping requirements for the development were reviewed. It was noted the developer would
5 work to save as many of the existing trees as possible.
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7 Council Member Meehlhause asked if the development would have access to Groveland Road.
8 City Planner/Supervisor Sevald stated the development would no longer have access to
9 Groveland Road.
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11 Council Member Meehlhause requested further information from Staff on Tax Increment
12 Financing and how the use of these funds would impact residents. Finance Director Beer
13 explained when a Tax Increment Financing (TIF) District is created this allows base property
14 values to be frozen. He described how this allowed developers to come in and improve
15 properties and for taxes to be collected on the increment of the improvements.
16
17 Council Member Meehlhause questioned if property taxes would be collected on the four
18 properties the same as was being collected today. Finance Director Beer reported this was the
19 case and noted this project would have no adverse impact on Mounds View taxpayers.
20
21 Council Member Meehlhause stated he understood the City of Spring Lake Park opposed the
22 closing of the access point to the old fire department building. He asked if Spring Lake Park
23 understood this was a recommendation by Ramsey County and not the City of Mounds View.
24 City Planner/Supervisor Sevald explained this information had been passed along to Spring Lake
25 Park.
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27 Council Member Meehlhause commented on the Planning Commission's vote for denial. He
28 explained the Planning Commission had approved the rezoning, the Conditional Use Permit and
29 the Preliminary Plat. He noted the only item the Planning Commission did not recommend
30 approval of was the Development Review. City Planner/Supervisor Sevald stated this was the
31 case.
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33 Council Member Meehlhause discussed the four reasons the Planning Commission
34 recommended denial of the Development Review. He reported the Commissioners did not have
35 an issue with workforce housing but rather had concerns with traffic on Groveland Road. City
36 Planner/Supervisor Sevald commented affordable housing in Mounds View was not a concern,
37 but rather the concentration of affordable housing. He noted another recommendation of the
38 Planning Commission was to locate this development closer to an area that provides goods and
39 services to low income individuals. The other concerns voiced were with traffic concerns along
40 Mounds View Boulevard and Groveland Road.
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42 Council Member Meehlhause anticipated that the Planning Commission would have offered their
43 support to the Development Review on a 5-2 vote with the new access point on Mounds View
44 Boulevard.
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Mounds View City Council December 11, 2017
Regular Meeting Page 6
1 Council Member Meehlhause reported the City does not have a charge for police calls to an
2 individual home, residence or apartment. Finance Director Beer stated the City does not have an
3 Ordinance in place to allow the City to charge for police services. Police Chief Harder indicated
4 Mounds View has not considered putting a policy in place that would charge Mounds View
5 residents for police services. He described how the Police Department works with rental unit
6 owners/property managers through the Crime Free Multi -Housing program to address habitual
7 problems. Interim City Administrator Zikmund added that the City did have an Ordinance in
8 place to charge for excessive false fire alarm calls.
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10 Mayor Mueller did not want people to hesitate to call 911 if they were in danger.
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12 Council Member Bergeron discussed the Crime Free Multi -Housing program and explained this
13 allows the City to collect data and monitor problem properties.
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15 Council Member Meehlhause addressed the free and reduced lunch concern. He explained the
16 Council did not have any control over how the school district set its boundaries for its elementary
17 schools. He stated this was the responsibility of the School Board and the Superintendent.
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19 Council Member Gunn did not believe it was right to deny future students the right to attend
20 Pinewood Elementary School because they already had 56% of its students receiving free and
21 reduced lunch.
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23 Council Member Bergeron commented he was concerned with the 56% when he first heard this,
24 but noted this was only 4.5% above the national average. He did not believe that Pinewood
25 Elementary was an outlier but rather, some of the other elementary schools were extremely below
26 average. He explained the "Boulevard" development was estimating to have roughly 30
27 students. He did not believe this number would tremendously impact Pinewood Elementary.
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29 Mayor Mueller discussed how the City worked to get more mass transit into Mounds View from
30 the Met Council. She noted the closest bus stop was at the corner of Mounds View Boulevard
31 and Silver Lake Road. She indicated there was also a bus stop at Hillview Rod or Red Oak
32 Drive. City Planner/Supervisor Sevald commented further on a map and the bus routes available
33 in the City of Mounds View, along with the services within walking distance of the proposed
34 apartment complex.
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36 Mayor Mueller requested further information on how the site would be accessed. City
37 Planner/Supervisor Sevald reviewed the access point to Boulevard from Mounds View
38 Boulevard. He described how traffic would flow in and out of the site and noted the developer
39 had completed a traffic study.
40
41 Mayor Mueller questioned how long the City has been working on this project and how many
42 opportunities did the public have to offer feedback. City Planner/Supervisor Sevald explained
43 Staff has been working with the developer since February of 2017 and there have been at least 12
44 meetings where public comment was taken.
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Mounds View City Council December 11, 2017
Regular Meeting Page 7
1 Council Member Hull requested further comment from the developer and what percentage of the
2 development would be allowed to be Section 8. City Planner/Supervisor Sevald deferred this
3 question to the developer.
4
5 Chris Stokka, MWF Properties, anticipated the rent levels would not allow for 40% of the
6 building to be Section 8, however he reported he could not discriminate against this either. He
7 reported that all renters would require a criminal, credit and landlord reference. He stated this
8 property would be participating in the Crime Free Multi Housing program.
9
10 Mayor Mueller asked what would happen after the property was built. Mr. Stokka explained this
11 property would be owned for 30+ years by MWF. He reported the property management would
12 be handled by Volair Property Management. He thanked Staff and the Council for working with
13 him on this project. He stated he was pleased with the final project.
14
15 Mayor Mueller questioned if the developer would work to save existing trees on the site. Mr.
16 Stokka indicated he would be saving as many trees as possible after hearing feedback from the
17 neighborhood. He stated these trees would serve as a buffer between his development and the
18 existing homes.
19
20 Council Member Meehlhause inquired if renters within "Boulevard" would be 100% responsible
21 for their rent. Mr. Stokka reported this was the case.
22
23 Mayor Mueller recommended the development have more than three underground handi-cap
24 parking stalls given the fact the property would have four accessible units.
25
26 Mayor Mueller asked if this was a 55 and older community. Mr. Stokka explained that this
27 would not be an age restricted community.
28
29 MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Resolution 8777,
30 Approval of the Preliminary Plat of "Boulevard".
31
32 Mayor Mueller thanked the public for bringing forward their comments and concerns regarding
33 this development.
34
35 Ayes — 5 Nays — 0 Motion carried.
36
37 C. Resolution 8778, Approval of the Development Review of "Boulevard".
38
39 City Planner/Supervisor Sevald discussed the Development Review for Boulevard and
40 recommended approval. He noted
41
42 City Planner/Supervisor Sevald asked if the handicap parking requirements should be added as a
43 condition for approval. Mayor Mueller stated this was simply a request being made to the
44 developer and did not need to be made a condition for approval.
45
Mounds View City Council December 11, 2017
Regular Meeting Page 8
1 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8778, Approval
2 of the Development Review of "Boulevard".
3
4 Council Member Bergeron stated he would be available after the Council meeting if the public
5 would like to address him regarding his vote on this item.
6
7 Ayes — 4 Nay — 1 (Mueller) Motion carried.
8
9 Mayor Mueller stated she supported this project being built in Mounds View, however she
10 wished it had gone back before the Planning Commission for further review and comment. She
11 thanked all of the residents in attendance for bringing their concerns before the City Council.
12
13 D. Resolution 8876, Appreciation of Julianne Love's years of service on the
14 Planning Commission.
15
16 City Planner/Supervisor Sevald requested the Council approve a Resolution of Appreciation for
17 Julianne Love's years of service on the Planning Commission. He noted Ms. Love has been
18 serving on the Planning Commission since 2013.
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MOTION/SECOND: Meehlhause/Bergeron. To Adopt Resolution 8876, Appreciation of
Julianne Love's years of service on the Planning Commission.
Mayor Mueller thanked Ms. Love for her dedicated service to the City of Mounds View. A
round of applause was given by all in attendance.
Council Member Meehlhause thanked Ms. Love for serving as the Vice Chair on the Planning
Commission. Julianne Love thanked the Council and stated it has been a pleasure to serve the
City.
Ayes — 5 Nays — 0 Motion carried.
E. Resolution 8877, Appointing a Comprehensive Plan Taskforce.
City Planner/Supervisor Sevald requested the Council appoint members to a Comprehensive Plan
Taskforce. He explained the Comprehensive Plan was a 20 -year guide for the City regarding its
services. He reported this document had to be submitted to the Met Council by December 31,
2018. He reviewed the members recommended for the task force and noted the Council
representative's name would be drawn from a hat. He requested the Council also make a
recommendation for the two members at large.
Council Member Meehlhause requested his name be removed from consideration.
Interim City Administrator Zikmund drew a name from a hat and reported Mayor Mueller would
be the Council representative for this taskforce. City Planner/Supervisor Sevald reported the
intention would be to have Mayor Mueller chair the taskforce.
Mounds View City Council December 11, 2017
Regular Meeting Page 9
1
2 The City Council voted for two at -large members for the task force. Staff tabulated the votes and
3 it was noted William Urbanski and Marcie Weinandt would be appointed to the Comprehensive
4 Plan Taskforce.
5
6 Mayor Mueller thanked the five members of the public that came forward and were willing to
7 serve on the taskforce. She requested Staff reach out to the two individuals that had been
8 appointed. She encouraged those not appointed to consider volunteering on another of the City's
9 committees.
10
11 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8877,
12 Appointing a Comprehensive Plan Taskforce.
13
14 City Planner/Supervisor Sevald recommended the taskforce meet on the 2nd and 4th Tuesdays of
15 the month and that the meetings be televised. The Council was in agreement with this
16 suggestion.
17
18 Ayes — 5 Nays — 0 Motion carried.
19
20 Council Member Meehlhause requested Item M be addressed next.
21
22 M. Resolution 8875, Approving the WJ Law Firm to Provide Prosecutorial
23 Services for the City of Mounds View Police Department.
24
25 Police Chief Harder requested the Council approve the H/J Law Firm to provide prosecutorial
26 services for the City of Mounds View Police Department. He noted an RFP had not been
27 requested for this work since 2003 and the City has been operating without a contract for 14
28 years. He stated RFP's were typically requested every three years. He explained five firms were
29 solicited for RFP's and all five responded. He reported three of the films were interviewed and
30 staff recommended approval of the H/J Law Firm.
31
32 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8875,
33 Approving the H/J Law Firm to Provide Prosecutorial Services for the City of Mounds View
34 Police Department.
35
36 Mayor Mueller asked when this contract would take effect. Police Chief Harder reported the
37 contract with H/J Law Firm would begin January 1, 2018.
38
39 Ayes — 5 Nays — 0 Motion carried.
40
41 Police Chief Harder introduced Katrina Joseph H/J Law Film, to the City Council.
42
43 Katrina Joseph, H/J Law Firm, thanked the Council for their vote of support. She stated she was
44 looking forward to working with the City of Mounds View.
45
Mounds View City Council December 11, 2017
Regular Meeting Page 10
1 F. Resolution 8878, Approving a Scope of Services to Complete the
2 Comprehensive Plan.
3
4 City Planner/Supervisor Sevald requested the Council approve a scope of services with Stantec to
5 complete the Comprehensive Plan. He explained that due to time constraints Staff has not gotten
6 as far on the plans as is necessary and for this reason was recommending the City work with
7 Stantec to complete the Comprehensive Plan.
8
9 Mayor Mueller asked if the taskforce members would have access to the existing Comprehensive
10 Plan. City Planner/Supervisor Sevald reported this was the case and noted this document (from
11 2008) was available on the City's website.
12
13 Mayor Mueller questioned who the City worked with to complete the last Comprehensive Plan.
14 City Planner/Supervisor Sevald explained the City worked with MRF and Bonestroo (firm that
15 merged with Stantec).
16
17 Mayor Mueller inquired how the City would use the Comprehensive Plan once it was completed.
18 City Planner/Supervisor Sevald anticipated the document would be used often as a point of
19 reference or marching orders for Staff. He noted this plan would be a 20 -year guide for the City.
20
21 MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 8878,
22 Approving a Scope of Services to Complete the Comprehensive Plan.
23
24 Mayor Mueller stated she spoke with the Finance Director regarding this item and was assured
25 the City had funds to cover this expense.
26
27 Council Member Meehlhause commented it was his desire to complete as much of the plan
28 internally as possible and to use Stantec for the more technical portions of the document.
I
30 Ayes — 5 Nays — 0 Motion carried.
31
32 H. Resolution 8869, Setting and Approving the 2018 City Council Meeting
33 Dates, Council/Staff Retreat, and the Town Hall Meeting.
34
35 Interim City Administrator Zikmund requested the Council set and approve the 2018 City
36 Council meeting dates, Council/Staff retreat and the annual Town Hall meeting dates. He
37 reviewed the meeting dates with the Council and asked that a date for the Town Hall meeting be
38 selected.
39
40 Council consensus was to hold the Town Hall meeting on Monday, April 30, 2018.
41
42 MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Resolution 8869,
43 Setting and Approving the 2018 City Council Meeting Dates, Council/Staff Retreat, and the
44 Town Hall Meeting.
45
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Mounds View City Council December 11, 2017
Regular Meeting Page 11
Ayes — 5 Nays — 0 Motion carried.
I. Resolution 8868, Approving Various Appointments to the City of Mounds
View's Boards, Commissions and Committees.
Interim City Administrator Zikmund reviewed various appointments to the City of Mounds
View's boards, commissions and committees and recommended Council approval. He noted the
Planning Commission had four individuals interested in the three open seats. He requested the
Council make a recommendation for the Planning Commission.
Mayor Mueller stated historically, the City Council has reappointed individuals that have shown
a willingness to continue their service on a commission or committee.
The Council voted for the open seat on the Planning Commission and Dennis Fanner was
recommended for this position.
Mayor Mueller thanked all of the individuals who volunteer their time to serve on the City's
various boards, commission and committees.
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8868,
Approving Various Appointments to the City of Mounds View's Boards, Commissions and
Committees.
Council Member Meehlhause thanked Dennis Farmer for applying to serve on the Planning
Commission.
Ayes — 5 Nays — 0 Motion carried.
J. Resolution 8870, Changing Council Meeting and Work Session Start Times.
Interim City Administrator Zikmund requested the Council change the Council meeting and work
session start times from 6:00 p.m. to 6:30 p.m.
Mayor Mueller asked if EDA meetings could be held at 6:00 p.m. with City Council meetings to
follow at 6:30 p.m. Interim City Administrator Zikmund stated this would be possible.
Council Member Meehlhause stated he supported the proposed change to the Council meeting
times.
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8870,
Changing Council Meeting and Work Session Start Times.
Ayes — 5 Nays — 0 Motion carried.
K. Resolution 8866, Approving Upgrading the SCADA (Supervisory, Control,
Mounds View City Council December 11, 2017
Regular Meeting Page 12
1 and Data Acquisition) Computer Program.
2
3 Public Works Director Peterson requested the Council approve upgrades to the City's SCADA
4 computer program. He explained how this program was used to monitor the City's water system
5 and lift stations. He indicated the software was updated in 1998 and was upgraded in 2007 and
6 2016. Staff reviewed the expense for the upgrades and recommended approval.
7
8 Council Member Meehlhause asked if the proposed upgrades would be installed in 2017. Public
9 Works Director Peterson reported the upgrades would be partially installed in 2017 and the
10 remainder would be completed once the Public Works Facility was complete.
11
12 Council Member Bergeron stated he fully supported this project as he wanted the City's water
13 system protected for Mounds View's residents and businesses.
14
15 MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Resolution 8866,
16 Approving Upgrading the SCADA (Supervisory, Control, and Data Acquisition) Computer
17 Program.
18
19 Ayes — 5 Nays — 0 Motion carried.
20
21 L. Resolution 8867, Approving Changes to the GIS Technician and Engineering
22 Technician Positions and Authorization for Pointing of the Descriptions.
23
24 Public Works Director Peterson requested the Council approve changes to the GIS Technician
25 and Engineering Technician positions and authorize pointing of the descriptions. He discussed
26 the changes made to the job descriptions and reviewed the proposed hiring timeline.
27
28 Mayor Mueller asked where these positions would be advertised. Public Works Director
29 Peterson reported the positions would be posted on the City's website, with the League of
30 Minnesota Cities and the APWA publication.
31
32 MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 8867,
33 Approving Changes to the GIS Technician and Engineering Technician Positions and
34 Authorization for Pointing of the Descriptions.
35
36 Mayor Mueller thanked the HR Committee, Interim City Administrator Zikmund and Public
37 Works Director Peterson for their work on the updated job descriptions. She thanked the
38 existing Staff members within City Hall and the Public Works Department that have stepped up
39 to carry more of the load after several Staff members have retired of moved onto new positions
40 outside of the City of Mounds View.
41
42 Ayes — 5 Nays — 0 Motion carried.
43
44 10. REPORTS
45 A. Reports of Mayor and Council.
Mounds View City Council December 11, 2017
Regular Meeting Page 13
2 Council Member Gunn reported City Council meetings could now be streamed via a new app for
3 Android devices.
4
5 Council Member Gunn stated Santa would be visiting the City of Mounds View on Thursday,
6 December 14th with the SBM Fire Department.
7
8 Council Member Bergeron explained he and Council Member Meehlhause have been attending
9 the New American's Academy. He thanked the Mounds View Police Department for putting on
10 these valuable sessions. He stated he was encouraged by the positive response the City was
11 getting from these classes.
12
13 Council Member Meehlhause agreed and stated the presentations at the New American's
14 Academy have been impressive. He thanked Police Chief Harder for coordinating these classes
15 and noted he would be attending the final two sessions.
16
17 Council Member Meehlhause wished the residents of Mounds View and all Staff members
18 Happy Holidays, Merry Christmas and a Happy New Year.
19
20 Mayor Mueller reported she had the privilege of attending the IZZE meeting last Thursday,
21 December 7th for Pinewood Elementary at the Community Center. She noted Interim City
22 Administrator Zikmund was also in attendance. She stated the theme of the event was Pinewood
23 Proud. She explained she was pleased by the pride shown by this school and hoped some of the
24 residents concerned about subsidized lunches could have attended this event.
25
26 Mayor Mueller commented on a publication called On Common Ground put out by Minnesota
27 realtors and noted the strong impact a brewery could have on the economy.
28
29 Mayor Mueller looked forward to achieving full strength in the New Year which would help the
30 City achieve its goals. She wished everyone a safe and blessed holiday season and a Happy
31 2018.
32
33 1. Discuss Need for 211 Council Meeting in December
34
35 Finance Director Beer reported the Council would be holding City Administrator interviews on
36 December 15th and December 16th. Staff was recommending the Council hold a worksession
37 meeting on December 18th to deliberate regarding the City Administrator candidates. He
38 explained this meeting could be cancelled if a decision is reached prior to this date.
39
40 Council consensus was to not hold a meeting on December 26th, but to hold a Council
41 worksession on December 18tH
42
43 B. Reports of Staff.
44
Mounds View City Council December 11, 2017
Regular Meeting Page 14
1 Police Chief Harder thanked Council Member Bergeron and Council Member Meehlhause for
2 attending the New American's Academy. He commented on the presentations that would be
3 made at the final two sessions. He thanked Maggie and Rayla for finalizing the candidates for
4 the police assistance position. He noted Shop with a Cop would be held on Monday, December
5 18th from 4:00 to 7:00 p.m.
6
7 Public Works Director Peterson stated the 2017 sewer lining project was ongoing. He noted the
8 Area I Street and Improvement Project was being closed out. He provided the Council with an
9 update on the work occurring at the Public Works Facility and noted a tour would be held on
10 Tuesday, January 2nd at 5:00 p.m. He reported the Public Works Supervisor position would be
I l posted on Tuesday, December 121H
12
13 Interim City Administrator Zikmund provided the Council with an update on the City's new
14 website. He stated the Fire Board was looking for nominations to serve on their Board and
15 requested recommendations from the Council. He commented on Code Official Jacob Martin
16 who passed his Limited Building Official exam.
17
18 Mayor Mueller thanked Jacob Martin for this great work on behalf of the community.
19
20 Council Member Meehlhause thanked Interim City Administrator Zikmund for his leadership
21 and service to the City.
22
23 Mayor Mueller encouraged all those interested in serving on the Festival in the Park Committee
24 or the 60th Anniversary Committee to contact City Hall for further information.
25
26 C. Reports of City Attorney.
27
28 City Attorney Riggs had nothing additional to report.
29
30 11. Next Council Work Session: Monday, December 18, 2017, at 6:00 p.m.
31 Next Special Council Meeting: Tuesday, January 2, 2018, at 6:30 p.m.
32 Next Council Meeting: Monday, January 8, 2018, at 6:30 p.m.
33
34 12. ADJOURNMENT
35
36 The meeting was adjourned at 9:32 p.m.
37
38 Transcribed by:
39
4o Heidi Guenther
41 TinieSaver Off Site Secretarial, Inc
1
City of Mounds View Staff Report
Item No: Item 6.A.
Meeting Date: January 2, 2018
Type of Business: C nsent
City Administrator Review:
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 8885, Approving a Lease Agreement Renewal
with Dippin Chocolate, LLC, for Use of Kitchen Space in the
Mounds View Community Center
Introduction
The business known as Dippin Chocolate, LLC, has requested approval to renew their lease
for the commercial kitchen space at the Mounds View Community Center in 2018. Dippin
Chocolate has been leasing space since 2014 without incident. City policy dictates that only
licensed caterers shall be able to rent out or use the kitchen. The business has such a
license.
Discussion
Staff originally brought this request to the Council's attention in November of 2014 and asked
if it would be amenable to a limited lease agreement with the entity. As it was explained, the
business would not be preparing food or cooking within the space, and at most would likely
use the dishwasher for cleaning serving equipment used off-site. It was communicated to the
business that any such lease would be non-exclusive and their usage could not interfere with
or disrupt existing tenant's usage or other scheduled events, to which the business is
agreeable. According to staff at the Community Center, there have been no conflicts and the
business has been good to work with. The business will be required to provide proof of
updated insurance, provide an annual payment, and provide proof of current County licensure
as a condition of usage. No right of entry would be permitted after hours and no keys would
be provided to the business. Usage of the space would be paid on an hourly basis in a
manner consistent with policies and procedures already in place.
Recommendation
Staff recommends that the City Council consider Resolution 8885 approving the lease
agreement renewal with Dippin Chocolate, LLC, for use of the kitchen space at the Mounds
View Community Center, to extend through December 31, 2018.
Respectfully submitted,
Mark Beer
Finance Director
RESOLUTION NO. 8885
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A LEASE AGREEMENT RENEWAL WITH DIPPIN CHOCOLATE, LLC,
FOR USE OF THE COMMERCIAL KITCHEN SPACE AT THE MOUNDS VIEW
COMMUNITY CENTER
WHEREAS, Dippin Chocolate, LLC, desires to lease kitchen space at the Mounds
View Community Center ("MVCC") beginning January 1, 2018; and,
WHEREAS, the commercial kitchen space at the MVCC is available for hourly
rental by licensed food caterers; and,
WHEREAS, Dippin Chocolate, LLC, is currently licensed as a food caterer through
Ramsey County; and,
WHEREAS, the City Council has reviewed the attached Lease Agreement and
agrees to renew said lease with Dippin Chocolate, LLC, on a non-exclusive basis, as
described and as stipulated therein.
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does
hereby approve the non-exclusive Lease Agreement with Dippin Chocolate, LLC, for one
year, beginning January 1, 2018, at the annual rate of $300, plus additional cost of $92
per hour or fraction thereof.
Adopted this 2nd day of January, 2018.
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(seal)
By and Between
City of Mounds View,
And
Dippin Chocolate, LLC
LEASE AGREEMENT
This Lease is made effective as of January 1, 2018, by and between the City of Mounds
View, a Minnesota municipal corporation ("Landlord"), and Dippin Chocolate, LLC, a Minnesota
limited liability company ("Tenant").
DATA SHEET
The legal significance of the terms set forth in this Data Sheet is governed by references to
such terms in the remainder of this Lease.
• BUILDING. That certain building situated on the following described real estate:
Commonly known as MOUNDS VIEW COMMUNITY CENTER
• PREMISES. That space in the Building, as designated on Exhibit A as "the
Kitchen" annexed hereto. The street address of the Premises is 5394 Edgewood
Drive in the City of Mounds View.
• LANDLORD: City of Mounds View, 2401 Mounds View Boulevard, Mounds
View, MN 55112.
• TENANT: Dippin Chocolate, LLC, 2661 Scotland Ct, #107, Mounds View, MN,
55112.
1. PREMISES:
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term
and upon the conditions hereinafter provided, the Premises described in the Data Sheet.
2. TERM:
The Term of this Lease shall commence on the 1 st day of January, 2018, and shall terminate
on the 31st day of December, unless earlier terminated as hereinafter provided.
3. RENT:
Tenant agrees to pay Landlord, at 2401 Mounds View Boulevard, Mounds View, MN
55112, or such other place as Landlord may from time to time designate in writing, an annual rent
in the amount of $300, due on or before January 1, 2018, and $92 per hour or fraction thereof, for
actual use of the Premises, payable in a manner consistent with present policy and procedure.
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416585v5 SJR W210-35
4. USE OF PREMISES:
Tenant will have non-exclusive access to use the Premises solely for kitchen purposes as
outlined herein during the Building's normal hours of operation. Tenant will not use or occupy
the Premises for any unlawful purpose, and will comply with all present and future laws,
ordinances, regulations and orders of all governmental units having jurisdiction over the Premises.
Tenant will not use or occupy the Premises for overnight accommodations. Tenant shall not cause
or permit any unusual noise, vibrations, odors or nuisance in or about the Premises and the Building
and grounds nor shall Tenant permit any debris, property or merchandise of Tenant, its officers,
employees or agents to be placed or left upon the grounds; and Tenant, its officers and employees
shall observe all reasonable rules and regulations adopted by Landlord for the general safety,
comfort and convenience of Landlord, Tenant and other Tenants.
Use of the Premises by the tenant shall be predicated upon providing proof of a valid Food
Caterers License issued by Ramsey County.
In the event Tenant shall cause or permit any unusual noise, odor or nuisance or the storage
of any debris, property or merchandise of Tenant, its officers, employees or agents, in or about the
Premises, the Building or grounds in violation of the terms of this Section, landlord shall be entitled
to take any steps it deems reasonably necessary to correct or remove such violation and Tenant
shall pay Landlord, as additional rent hereunder, all costs and expenses incurred in such correction
or removal including all costs and expenses incurred in ascertaining which Tenant is responsible
for such violation.
Landlord disclaims any warranty that the Premises are suitable for Tenant's use and Tenant
acknowledges that it has had a full opportunity to make its own determination in this regard.
Landlord warrants, to the best of its knowledge, that the building is in compliance with the
Americans with Disabilities Act (ADA). In the event that the premises is found not to be in
compliance, Landlord shall be responsible for all construction or alteration of the premises to
render the premises in compliance with ADA.
Tenant will not conduct or permit to be conducted any activity, or place any equipment in
or about the Premises, which will in any way increase the rate of fire insurance or other insurance
on the building; and if any increase in the rate of fire insurance or other insurance is stated by any
insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment
of Tenant in or about the Premises, such statement shall be conclusive evidence that such increase
in such rate is due to such activity or equipment and, as a result thereof, Tenant shall be liable for
such increase and shall reimburse Landlord therefore and, further, shall discontinue or cause the
discontinuance of such conduct or shall remove such equipment upon Landlord's demand made at
any time thereafter.
Tenant shall not install, use, generate, store or dispose of in or about the Premises any
hazardous substance, toxic chemical, pollutant or other material regulated by the Comprehensive
Environmental Response, Compensation and Liability Act of 1985 or the Minnesota
Environmental Response and Liability Act or any similar law or regulation, including without
limitation any material containing asbestos, PCB, CFC or HCFC (collectively "Hazardous
Materials") without Landlord's written approval of each Hazardous Material. Landlord shall not
unreasonably withhold its approval of use by Tenant of immaterial quantities of Hazardous
2
416585v5 SJR MU210-35
Materials customarily used in business operations so long as Tenant uses such Hazardous Materials
in accordance with all applicable laws. Upon expiration or termination of this Lease Tenant shall
remove all Hazardous Materials installed, used, stored or disposed of in the Premises by Tenant.
Tenant shall indemnify, defend and hold Landlord harmless from and against any claim, damage
or expense arising out of Tenant's installation, use, generation, storage, or disposal of any
Hazardous Materials, regardless of whether Landlord has approved the activity.
5. ASSIGNMENT AND SUBLETTING:
Tenant will not assign, transfer, mortgage or encumber this Lease or sublet or rent or
franchise or permit occupancy or use of the Premises, or any part thereof by any third party; nor
shall any assignment or transfer of this Lease be effectuated by operation of law or otherwise, (any
of the foregoing being hereinafter referred to as an "Assignment") without in each such case
obtaining the prior written consent of Landlord, which consent shall be subject to Landlord's sole
discretion. The consent by Landlord to any Assignment shall not be construed as a waiver or
release of Tenant from the terms of any covenant or obligation under this Lease, nor shall the
collection or acceptance of rent from any transferee under an Assignment constitute an acceptance
of the Assignment or a waiver or release of Tenant or any transferee of any covenant or obligation
contained in this Lease, nor shall any Assignment be construed to relieve Tenant from the
requirement of obtaining the consent in writing of Landlord to any further Assignment. In
conjunction with any requested assignment of this Lease, Landlord may require Tenant to execute
a reaffirmation of Tenant's liability hereunder, with waiver of defenses based solely on suretyship.
If, at any time during the Term of this Lease, Tenant (and/or the guarantor, if any) is:
(i) a corporation or a trust (whether or not having shares of beneficial interest)
and there shall occur any change in the identity of any of the persons then having power to
participate in the election or appointment of the directors, trustees, or other persons
exercising like functions and managing the affairs of Tenant, or
(ii) a partnership, limited liability company or association or otherwise not a
natural person (and is not a corporation or a trust) and there shall occur any change in the
identity of any of the persons who then are members of such partnership or association or
who comprise Tenant,
such change shall be deemed to be an Assignment. This Section shall not apply if Tenant (and/or
guarantor, if any) named herein is a corporation and the outstanding voting stock thereof is listed
on a recognized national securities exchange.
Whether or not Landlord has consented to assignment or sublease, Tenant shall pay directly
to Landlord the amount by which the rent or other payments received by Tenant pursuant to such
assignment or sublease exceeds, in any month, the Rent and additional rent payable by Tenant to
Landlord Hereunder.
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6. MAINTENANCE AND REPAIRS:
Tenant agrees to keep, maintain and repair the Premises and the fixtures and equipment
therein in first class, properly functioning, safe, orderly and sanitary condition, will make all
necessary replacements thereto, will suffer no waste or injury thereto, and will at the expiration or
other termination of the Term of this Lease, surrender the same with all improvements in the same
order and condition in which they were on the commencement date of this lease, or in such better
condition as they may hereafter be put, excepting ordinary wear and tear as well as casualty
damage to the extent such casualty damage is covered by insurance excepted. Notwithstanding
anything apparently to the contrary in this Section, any cost of repairs or improvements to the
Building, to the Premises or to any common areas which are occasioned by the negligence or
default of Tenant, its officers, employees, agents or invitees, or by requirements of law, ordinance
or other governmental directive and which arise out of the nature of Tenant's use and occupancy
of the Premises or the installations of Tenant in the Premises shall be paid for by Tenant.
7. ALTERATIONS; SIGNS; EQUIPMENT; MOVING:
Tenant will not make or permit anyone to make any alterations, decorations, additions or
improvements, structural or otherwise, in or to the Premises or the Building without the prior
written consent of Landlord. As a condition precedent to consent of Landlord hereunder, Tenant
agrees to obtain and deliver to Landlord such security against mechanic's liens as Landlord shall
reasonably request. If any mechanic's lien is filed against any part of the Building for work claimed
to have been done for, or materials claimed to have been furnished to Tenant, such mechanic's lien
shall be discharged by Tenant within ten days thereafter, at Tenant's sole cost and expense, by the
payment thereof or by making any deposit required by law. Regardless of whether Landlord's
consent is required or obtained hereunder: (i) all alterations shall be made in accordance with
applicable laws, codes and insurance guidelines, and shall be performed in a good and
workmanlike manner, (ii) if the construction or installation of Tenant's alterations or fixtures
causes any labor disturbance, Tenant shall immediately take any action necessary to end such labor
disturbance, and (iii) Tenant shall furnish to Landlord as -built plans in such format as Landlord
may reasonably require. All alterations, which become permanent fixtures to the Premises shall
become the property of Landlord upon expiration of the Term and shall remain upon and be
surrendered with the Premises as a part thereof without disturbance or injury, unless Landlord
requires specific items thereof to be removed by Tenant at Tenant's sole expense, in which event
Tenant shall do so prior to the expiration of the Term at its expense, and shall repair any damage
caused thereby.
Tenant shall not place or maintain any sign, advertisement or notice on any part of the
outside of the Premises or the building.
Tenant shall not install any equipment containing Hazardous Materials nor any equipment
which will or may necessitate any changes, replacements or additions to, or in the use of, the
heating, ventilating or air-conditioning system, or other building system of the Premises or the
Building without first obtaining the prior written consent of Landlord. Equipment belonging to
Tenant which causes noise or vibration that may be transmitted to the structure of the Building or
to any space therein to such a degree as to be objectionable to Landlord or to any tenant in the
Building shall be installed and maintained by Tenant, at Tenant's expense, on vibration eliminators
or other devices sufficient to eliminate noise and vibration. Landlord shall have the right at any
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time to limit the weight and prescribe the position of safes, concentrated filing systems and other
heavy equipment or fixtures.
All moving of furniture, equipment and other material shall be done under the direct control
and supervision of Landlord who shall, however, not be responsible for any damage to or charges
for moving the same unless damage is the direct result of Landlord's sole and gross negligence.
Any and all damage or injury to the premises or the Building caused by moving the property of
Tenant in or out of the Premises, or due to the same being on the Premises, shall be repaired by,
and at the sole cost of, Tenant. No deliveries or pickups shall be left unattended at the loading
dock.
8. RIGHT OF ENTRY:
Landlord will not provide Tenant keys to the Premises or permit unrestricted access of any
means; entry to Premises shall be limited to ordinary hours of Building operation, as posted, at
times pre-deteimined to not cause a conflict with other tenants or scheduled events. Landlord shall
use reasonable efforts to not unreasonably interfere with the conduct of Tenant's business, but
Landlord shall in no event be liable to Tenant for any damages in connection with such limited
entry or access.
Landlord reserves the right to impose such reasonable security restrictions in the common
areas as it deems appropriate from time to time.
9. SERVICES AND UTILITIES:
Landlord agrees to pay all charges for utility services to the Premises during the term of
this Lease including, but not limited to, gas, electric, sewer, water, sprinkler alarm system, security
systems and rubbish removal. Tenant shall not commit waste or use any of the utilities in excess
of ordinary and reasonable use.
10. PROTECTION FROM SUBROGATION:
Anything in this Lease to the contrary notwithstanding, neither Landlord nor Tenant shall
be liable to the other for any business interruption or any loss or damage to property or injury to
or death of persons occurring on the Premises or the adjoining properties, mall areas, sidewalks,
streets or alleys, or in any manner growing out of or connected with Tenant's use and occupation
of the Premises, or the condition thereof or of mall areas, sidewalks, streets or alleys adjoining,
caused by the negligence or other fault of Landlord, or Tenant or of their respective agents,
employees, subtenants, licensees or assignees to the extent that such business interruption or loss
or damage to property or injury to or death of person is covered by or indemnified by proceeds
received from insurance carried by other party (regardless of whether such insurance is payable to
or protects Landlord or Tenant or both) or for which such party is otherwise reimbursed; and
Landlord and Tenant each hereby respectively waive all rights of recovery against the other, its
agents, employees, subtenants, licensees and assignees, for any such loss or damage to property or
injury to or death of persons to the extent the same is covered or indemnified by proceeds received
from any such insurance, or for which reimbursement is otherwise received. Landlord's and
Tenant's respective policies of insurance shall each contain a waiver of subrogation provision
incorporating the above covenant and providing that the insurance shall not be invalidated by the
416585v5 SJR MU210-35
insured's written waiver prior to a loss of any or all right of recovery against any party for any
insured loss. It is expressly understood that Landlord shall not be liable to Tenant for any damages
incurred by the latter as a result of the above and foregoing events; save and except as to any such
damages caused by the willful or wanton conduct of Landlord, its agents or employees, provided
such damages are not recoverable by Tenant pursuant to the insurance policies required to be
provided by Tenant under this Lease or otherwise.
11. WAIVER AND INDEMNITY:
Notwithstanding anything apparently to the contrary in this Lease, Landlord and its
partners, officers and employees and property manager shall not be liable to Tenant, and Tenant
hereby releases such parties from all damage, compensation or claims from any cause other than
the intentional misconduct of Landlord or its partners, officers or employees or property manager
arising from: loss or damage to personal property or trade fixtures in the Premises including books,
records, files, computer equipment, computer data, money, securities, negotiable instruments or
other papers; lost business or other consequential damage arising out of interruption in the use of
the Premises; and any criminal act by any person other than Landlord or its partners, officers or
employees. Furthermore, Tenant agrees that Landlord, its officers, agents, partners, and
employees shall not be liable to Tenant or those claiming through or under Tenant for any injury,
death or property damage occurring in, on or about the Premises, the Building or grounds.
Tenant agrees to indemnify, defend and hold Landlord and its partners, officers and
employees and property manager harmless from and against any claim, loss or expense arising out
of injury, death or property loss or damage occurring by reason of Tenant's use of the Premises,
except only to the extent caused by the negligent act or intentional misconduct of Landlord or its
partners, officers or employees or property manager.
Nothing in this Lease shall constitute a waiver or limitation of the Landlord's immunities
or limitations on liability as set forth in Minnesota Statutes, Chapter 466.
12. INSURANCE:
Tenant agrees to purchase, in advance, and to carry in full force and effect the following
insurance:
(a) "All risk" property insurance covering the full replacement value of all of
Tenant's leasehold improvements, trade fixtures and personal property within the Premises.
Landlord shall be named as loss payee under all such policies.
(b) Commercial general liability insurance, providing coverage on an
"occurrence" rather than a "claims made" basis, which policy shall include coverage for Bodily
Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Lease), and
Independent Contractors, in current Insurance Services Office form or other form which provides
coverage at least as broad. Tenant shall maintain a combined policy limit of at least $2,000,000
aggregate $1,000,000 per occurrence applying to Bodily Injury, Property Damage and Personal
Injury, which limit may be satisfied by Tenant's basic policy, or by the basic policy in combination
with umbrella or excess policies so long as the coverage is at least as broad as that required herein.
Such liability for property damage and fire legal liability shall not be less than $500,000.00 Such
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4165850 SJR MU210-35
liability, umbrella and/or excess policies may be subject to aggregate limits so long as the
aggregate limits have not at any pertinent time been reduced to less than the policy limit stated
above, and provided further that any umbrella or excess policy provides coverage from the point
that such aggregate limits in the basic policy become reduced or exhausted. Landlord shall be
named as additional insured under all such policies.
At least ten (10) days prior to entry by Tenant on the Premises, Tenant shall deliver to
Landlord evidence that the insurance required by this Lease is in full force and effect. At least
thirty (30) days prior to expiration of any such coverage, Tenant shall deliver evidence that the
coverage in question will be renewed or replaced upon expiration. Such evidence of insurance
shall be in writing signed by a party authorized to bind the insurer, authorize Landlord to rely
thereon, and shall contain sufficient information to enable Landlord to determine whether Tenant's
insurance complies with the requirements of this Lease. Upon request, Tenant shall also furnish
insurer -certified copies of all pertinent policies. All polices used to provide the coverage required
by this Lease shall (i) be endorsed to require the insurer to provide at least thirty (30) days' notice
to Landlord prior to cancellation or non -renewal, and (ii) be issued by financially sound companies
having an A.M. Best Company rating of at least A:VII.
13. FIRE OR OTHER CASUALTY:
If the Premises or the Building shall be damaged by fire or other cause Landlord shall at
its option either (a) undertake to restore such damage with all due diligence, or (b) in the event the
Premises or the Building are damaged by fire or other cause to such extent that damage cannot, in
Landlord's sole judgment, be economically repaired within 90 days after the date of such damage
(taking into account the time necessary to effectuate a satisfactory settlement with any insurance
company and using normal construction methods without overtime or other premium), terminate
this Lease, by notice given to Tenant within 60 days after the date of the damage. Any termination
hereunder by reason of damage to the Premises shall be effective as of the date of the damage.
Any termination by reason of damage to the Building but not the Premises shall be effective as of
the date notice is given. If Landlord elects to restore, Landlord shall not be obligated to restore
any improvements in the Premises which were not owned and constructed by Landlord. Upon
substantial completion by Landlord of its work, Tenant shall undertake to restore its leasehold
improvements and trade fixtures with all due diligence. This Lease shall, unless terminated by
Landlord, remain in full force and effect following such damage, and, in the case of damage to the
Premises, the Rent, prorated to the extent that the Premises are rendered untenantable, shall be
equitably abated until such repairs are completed; provided, however, that if Tenant does not
restore its leasehold improvements and trade fixtures with due diligence, abatement shall cease as
of the date restoration could have been completed using due diligence.
14. CONDEMNATION:
If the whole or any substantial part of the Premises shall be taken or condemned or
purchased under threat of condemnation by any governmental authority, then the Term of this
Lease shall cease and terminate as of the date when the interference with the possession, enjoyment
or value of the Premises occurs and Tenant shall have no claim against the condemning authority,
Landlord or otherwise, for any portion of the amount that may be awarded as damages as a result
of such taking or condemnation or for the value of any unexpired Term of the Lease, provided,
however, that landlord shall not be entitled to any separate award made to Tenant for loss of
business, relocation costs or the value of the cost of removal of stock and trade fixtures and any
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416585v5 SJR MU210-35
such award is hereby condemned to the extent that it cannot, in Landlord's sole judgment, be
economically restored within a reasonable time, Landlord shall have the option by notice given to
Tenant within 30 days after the date of interference with possession, to terminate this Lease as of
the date of such interference with possession.
15. DEFAULT:
Any one of the following events shall constitute an Event of Default:
(i) Tenant shall fail to pay any annual installment of Rent as herein
provided, or Tenant shall fail to pay for any hourly usage of the Premises within
Fifteen (15) days of being invoiced;
(ii) Tenant shall violate or fail to perform any of the other conditions,
covenants or agreements herein made by Tenant and such default shall continue for
30 days after notice from Landlord; provided, however, that if the nature of such
default is such that Tenant can cure the default, but not within fifteen (15) days,
then the Event of Default shall be suspended for a period not in excess of thirty (30)
additional days so long as Tenant commences cure within fifteen (15) days and
thereafter diligently and continuously prosecutes the curing of the default, and so
long as continuation of the default does not create material risk to the Building or
to persons using the Building;
(iii) Tenant shall file or have filed against it or any guarantor of this
Lease any bankruptcy or other creditor's action, or make an assignment for the
benefit of its creditors.
If an Event of Default shall have occurred and be continuing, Landlord may at its sole
option by written notice to Tenant terminate this Lease. Neither the passage of time after the
occurrence of the Event of Default nor exercise by Landlord of any other remedy with regard to
such Event of Default shall limit Landlord's rights.
If an Event of Default shall have occurred and be continuing, whether or not Landlord
elects to terminate this Lease, Landlord may enter upon and repossess the Premises (said
repossession being hereinafter referred to as "Repossession") by force, summary proceedings,
ejectment or otherwise, and may remove Tenant and all other persons and property therefrom.
No termination of this Lease shall relieve Tenant of its liabilities and obligations under this
Lease, all of which shall survive any such termination or Repossession. In the event of any such
termination or Repossession, Tenant shall pay to Landlord the Rent and other sums and charges to
be paid by Tenant up to the time of such termination or Repossession
In addition to all other remedies of Landlord, Landlord shall be entitled to reimbursement
upon demand of all reasonable attorney's fees incurred by Landlord in connection with any Event
of Default.
Landlord shall in no event be considered to be in default of Landlord's obligations
hereunder until the expiration of a reasonable time after notice of default from Tenant.
416585v5 SJR MU210-35
16. SUBORDINATION:
For the purposes of this Section, the term "Mortgage" shall mean at any time, any mortgage
of record now or hereafter placed against the Building, any increase, amendment, extension,
refinancing or recasting of a Mortgage and, in the case of a sale or lease and leaseback by Landlord
of all or any part of the Building, the lease creating the leaseback. For the purposes hereof, a
Mortgage shall be deemed to continue in effect after foreclosure thereof until expiration of the
period of redemption therefrom.
This Lease is subject and subordinate to the lien of any Mortgage which may now or
hereafter encumber the Building or any development of which the Building is a part. In
confirmation of such subordination, Tenant shall, at Landlord's request fiom time to time, promptly
execute any certificate or other document requested by the holder of the Mortgage. Tenant agrees
that in the event that any proceedings are brought for the foreclosure of any Mortgage, Tenant shall
immediately and automatically attorn to the purchaser at such foreclosure sale, as the landlord
under this Lease, and Tenant waives the provisions of any statute or rule of law, now or hereafter
in effect, which may give or purport to give Tenant any right to terminate or otherwise adversely
affect this Lease or the obligations of Tenant hereunder in the event that any such foreclosure
proceeding is prosecuted or completed. Neither the holder of the Mortgage (whether it acquires
title by foreclosure or by deed in lieu thereof) nor any purchaser at foreclosure sale shall be liable
for any act or omission of Landlord occurring prior to date of acquisition of title, nor subject to
any offsets or defenses which Tenant might have against Landlord nor bound by any prepayment
by Tenant of more than one month's installment of Rent nor by any modification of this Lease
made subsequent to the granting of the Mortgage unless consented to by the holder of the
Mortgage. Notwithstanding anything to the contrary in this Section, so long as Tenant is not in
default under this Lease, this Lease shall remain in full force and effect and the holder of the
Mortgage and any purchaser at foreclosure sale thereof shall not disturb Tenant's possession
hereunder.
17. SALE OR MORTGAGE OF THE BUILDING:
In the event of a sale of the Building, Landlord shall be relieved of all liability under this
Lease accruing from and after the date of sale provided Landlord has obtained the written
agreement of its transferee or assignee to assume and carry out all of the covenants and obligations
of the Landlord hereunder.
The Tenant agrees at any time and from time to time, upon not less than ten days prior
written request by Landlord, to execute, acknowledge and deliver to Landlord a statement in
writing certifying that the Lease is not modified (or modified, stating the modification) that the
Lease is in full force and affect, stating the dates to which the Rent has been paid in advance and
stating whether the Landlord is in default hereunder. It is intended that any such statement may
be relied upon by any prospective purchaser of the fee or mortgagee or assignee of any mortgage
upon the Building or real estate.
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18. WAIVER:
One or more waivers of any covenant, term or condition of this Lease by either party shall
not be construed by the other party as a waiver of a subsequent breach of the same covenant, term
or condition. The consent or approval of either party to or of any act by the other party of a nature
requiring consent or approval shall not be deemed to waive or render unnecessary consent to or
approval of any subsequent similar act. The failure or delay on the part of either party to enforce
or exercise at any time any of the provisions, rights or remedies in this Lease shall in no way be
construed to be a waiver thereof, nor in any way to affect the validity of this Lease or any part
thereof, or the right of the party to thereafter enforce each and every such provision, right or
remedy.
19. RULES AND REGULATIONS:
Tenant shall use the Premises and the common areas of the Building in accordance with
the terms of this Lease and such additional rules and regulations as may from time to time be
reasonably made by Landlord for the general safety, comfort and convenience of the Landlord,
occupants and tenants of the Building, and Tenant shall use its best efforts to cause Tenant's
customers, employees and invitees to abide by such rules and regulations. Landlord shall in no
event be responsible to Tenant for enforcement of such rules and regulations against other tenants.
These Rules and Regulations shall be in addition to, and shall not be construed to in any way
modify or amend, in whole or in part, the covenants and conditions of any lease of the Premises.
If any provision of these rules and regulations conflicts with any provision of the Lease, the terms
of the Lease shall prevail.
20. COVENANT OF QUIET ENJOYMENT:
Landlord covenants that it has the right to make this Lease for the term aforesaid and
covenants that if Tenant shall pay the rent and perform all of the covenants, terms and conditions
of this Lease to be performed by Tenant, Tenant shall, during the Term hereby created, freely,
peaceably and quietly occupy and enjoy the full possession of the Premises.
21. NO REPRESENTATIONS BY LANDLORD:
Neither Landlord nor any agent or employee of Landlord has made any representations or
promises with respect to the Premises or the Building except as herein expressly set forth, and no
right, privileges, easements or licenses are acquired by Tenant except as herein expressly set forth.
No exhibit attached to this Lease nor any other materials provided by Landlord shall constitute a
warranty or agreement as to the configuration of the Building or the occupants thereof. Landlord
reserves the right from time to time to modify the Building, including common areas,
appurtenances and rentable areas, without in any case reducing the obligations of Tenant
hereunder. Tenant has no right to light or air over any premises adjoining the Building. Tenant,
by taking possession of the Premises, shall accept the same "as is" except as expressly provided in
this Lease and such taking of possession shall be conclusive evidence that the Premises and the
Building are in good and satisfactory condition at the time of such taking of possession. In addition
to and without limitation of the immediately preceding sentence, Tenant agrees that it is leasing
the Premises on an "AS IS", "WHERE IS" and "WITH ALL FAULTS" basis, based upon its own
judgment, and hereby disclaims any reliance upon any statement or representation whatsoever
10
416585v5 SJR MU210-35
made by Landlord. LANDLORD MAKES NO WARRANTY WITH RESPECT TO THE
PREMISES, THE BUILDING OR ANY PART THEREOF, EXPRESS OR IMPLIED, AND
LANDLORD SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY
AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO
USE THE PREMISES, THE BUILDING OR ANY PART THEREOF.
22. NOTICES:
All notices or other communications hereunder shall be in writing and shall be effective if
hand delivered or sent by registered or certified first-class mail, postage prepaid, or by overnight
express service which maintains confirmation of delivery, (i) if to Landlord at Landlord Address
set forth in the Data Sheet, and (ii) if to Tenant, at the Premises, unless notice of a change of
address is given pursuant to the provisions of this Section. The day notice is given by mail shall
be deemed to be the day following the day of mailing. If acceptance is refused, as evidenced by
the records of the Postal Service or overnight delivery service, notice shall be deemed given on
the date acceptance is refused.
23. SURRENDER; HOLDING OVER:
Upon the expiration of this Lease or the earlier termination of Tenant's right to possession,
Tenant shall immediately vacate the Premises, remove all of its property therefrom and leave the
Premises in the condition required by this Lease. Any property not removed shall be deemed
abandoned, and Tenant shall be liable for all costs of removal and Tenant shall indemnify, defend
and hold Landlord harmless from any cost or liability due to disposition of any property in the
Premises in which a person other than Tenant has an interest. Should Tenant fail to surrender the
Premises in the condition required by the Lease, Landlord shall be entitled to take whatever steps
may, in Landlord's sole discretion, be required to restore the Premises to said condition and Tenant
agrees that it shall pay to Landlord all costs incurred by Landlord in so restoring the premises.
Should Tenant continue to occupy the Premises, or any part thereof, after the expiration or
termination of the Term, whether with or without the consent of Landlord, such tenancy shall be
from month to month and Tenant shall pay Landlord the (i) the rent last in effect plus 3 percent,
for the first six months of any such period of holding over and (ii) following such six month
holdover period rent shall continue until a new rental rate is agreed upon.
24. LANDLORD REPRESENTATIONS:
Landlord agrees to be bound by the terms and conditions of this Lease.
25. MISCELLANEOUS:
(a) The captions in this Lease are for convenience only and are not a part of this
Lease.
(b) If more than one person or entity shall sign this Lease as Tenant, the
obligations set forth herein shall be deemed joint and several obligations of each such party.
11
416585v5 SJR MU210-35
(c) Time is of the essence.
(d) If any provision of this Lease is invalid or unenforceable to any extent, then
such provision and the remainder of this Lease shall continue in effect and be enforceable to the
fullest extent permitted by law.
(e) This Lease contains the entire agreement of the parties hereto with respect
to the Premises and Building. This Lease may be modified only by a writing executed and
delivered by both parties.
(f) Nothing contained in this Lease shall be deemed or construed to create a
partnership or joint venture of or between Landlord and Tenant, or to create any other relationship
between the parties other than that of landlord and tenant.
(g) This Lease shall be binding upon and inure to the benefit of the parties
hereto and, subject to the restrictions and limitations herein contained, their respective heirs,
successors and assigns.
of Minnesota.
(h) This is governed by and shall be construed according to the laws of the State
26. TAX COMPLIANCE AND STATUS OF PREMISES:
It is the intention of the parties hereto that nothing contained in this Lease or through the
performance of this Lease shall any change occur in the tax status of the Premises that existed prior
to the entering into of this Lease and that in lieu of each clause, term or provision of this Lease
that is illegal, invalid, unenforceable, or not in compliance with property tax requirements, there
be added as part of this Lease a clause, term, provision, or requirement similar to such illegal,
invalid or unenforceable clause, term, provision, or property tax requirement as may be possible
and would be legal, valid, and enforceable, to retain the property tax status of the Premises that
existed prior to the entering into of this Lease. In the event that the property tax status for the
Premises is changed by any taxing jurisdiction and cannot be returned to the tax status that existed
prior to the entering into of this Lease by modification of the terms of this Lease, the Tenant shall
be responsible for any tax payments or payments in lieu of taxes should the Premises, or a portion
thereof, be deemed taxable property for any reason by any taxing jurisdiction as a result of this
Lease or the use being made thereof of the Premises, and the Tenant shall immediately remit any
required payments to the appropriate taxing jurisdiction.
27. [INTENTIONALLY BLANK]
28. ADDITIONAL HAZARDS:
Tenant covenants and agrees that it will not do or permit anything to be done in or upon
the Premises or bring in anything or keep anything therein which shall cause the cancellation of
Landlord's insurance policies, or increase the rate of insurance, on the Building, above the standard
rate on said premises and buildings as rental property for similar uses. Tenant further agrees that
in the event it shall do anything to so increase the insurance rate, Tenant shall promptly pay to
Landlord on demand any such increase resulting therefrom, which shall be due and payable as
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416585v5 SJR MU210-35
"additional rent" hereunder. At Tenant's request, Landlord shall make available for Tenant's
inspection during regular business hours, all documents pertaining to Landlord's calculation of
Tenant's "additional rent" required under this section. Said "additional rent" shall be due and
payable as billed by Landlord.
29. INVALIDATION OF PARTICULAR PROVISIONS:
If any clause, term or provision of this Lease, or the application thereof to any person or
circumstance shall to any extent, be invalid, unenforceable, or not in compliance with state bond
financed property requirements as set forth in Paragraph 30, the remainder of this Lease, or the
application of such term or provision to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected thereby, and each term and provision of this
Lease shall be valid and be enforced to the fullest extent permitted by law. It is the intention of
the parties hereto that in lieu of each clause, term or provision of this Lease that is illegal, invalid,
unenforceable, or not in compliance with state bond financed property requirements, there be
added as part of this Lease a clause, term, provision, or state bond financed property requirement
similar to such illegal, invalid or unenforceable clause, term, provision, or state bond financed
property requirement as may be possible and would be legal, valid, and enforceable.
30. STATE BOND FINANCE PROPERTY ACKNOWLEDGEMENT AND
COMPLIANCE:
The Landlord and Tenant acknowledge that funding for a portion of the Premises was
obtained through a grant from the State of Minnesota's Department of Children, Families and
Learning, and as such, the Premises is considered state bond financed property. Landlord states
and Tenant, to the best of its knowledge, without inquiry agrees that the following requirements
contained within this Lease are included to satisfy the state bond finance property requirements of
Minnesota Statutes Section 16A.695 for Use Agreements, to comply with the requirements
contained in the G.O. Compliance statutes, and pursuant to the Commissioner's Order.
(a) ENTITY STATUS. The Landlord is defined as a public entity organized as a
charter city pursuant to Minnesota Statutes Chapter 410, and is thus, a Minnesota municipal
corporation.
(b) DEMISED PREMISES OWNERSHIP. The Premises is owned solely and
completely by the Landlord, the City of Mounds View.
(c) AGREEMENT AUTHORITY. The Landlord has entered into this Lease with the
Tenant pursuant to Minnesota Statutes Section 471.15 and the City of Mounds View Municipal
Charter and Municipal Code.
(d) GOVERNMENTAL PROGRAM. This Lease is (i) being executed and entered
into to carry out a Governmental Program, (ii) such Governmental Program is the City of Mounds
View Parks and Recreation Program, including the operation of the Community Center and its
accompanying facilities, as well as the parks within the City and general recreational programming
within the City; and (iii) such Governmental Program constitutes the Mounds View Parks and
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416585v5 SJR MU210-35
Recreation Program and is authorized pursuant to Municipal Charter Section 6.02, Subdivision 1,
Municipal Code Section 106.05 and Chapter 405, and Minnesota Statutes Section 471.15.
(e) GOVERNMENTAL PROGRAM OVERSIGHT. The Landlord has accepted
financing through a Government Bonding Program. If required by the State for compliance
purposes, Tenant will provide the State the right to inspect and audit Tenant's books and records
for its operations at the Premises, with each such review to show the program budget, revenues
and expenses.
(f) TERM OF THE USE AGREEMENT. As the Premises consists of land and
buildings, the term of this Lease as provided herein relating to the building and improvements, and
including all renewals which are solely at the option the Tenant, is for a period of time which is
less then 50% of the useful life of the Premises.
(g) TERMINATION OF THE USE AGREEMENT. This Lease allows for termination
by the Landlord, pursuant to Section 13.2, in the event of default hereunder by the Tenant. The
termination of this Lease is also allowed by the Landlord, pursuant to Section 16.13, in the event
that the Governmental Program is terminated or changed.
(h) COST OF OPERATION OF THE FACILITY ("PREMISES"). The Landlord
possesses specific statutory authority pursuant to Minnesota Statutes Section 471.15, the City's
Municipal Charter Section 6.02, Subdivision 1, and the City's Municipal Code Section 106.05 and
Chapter 405, to expend monies to operate and maintain the Premises.
(i) RECEIPT OF MONIES/COMPLIANCE WITH TAX CODE. It is contemplated
and understood by the parties to this Lease that the Landlord's operation of the Premises is in
compliance with the tax code.
0) SALE OF THE FACILITY (PREMISES).
(i) This Lease is free of any provisions which would require the Landlord to
sell the Premises for an amount less than the fair market value if it is to be
sold to a non-public entity.
(ii) This Lease is free of any provisions which would allow the Landlord to sell
the facility (Premises) without the Landlord first determining, by official
action, that the Premises is no longer usable or needed to carry out the
Governmental Program.
(iii) This Lease is free of any provisions which would require the Landlord to
sell the Premises without first obtaining the written consent of the
Commissioner of Finance, pursuant to Minn. Statutes Section 16A. 695,
Subdivision 3, and the Commissioner's Order.
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416585v5 SJR MU210-35
(iv) This Lease is free of any provisions which would cause the matter of
distribution of the proceeds of the sale of the Premises, which is not
provided for nor contemplated in this Lease, to violate the provisions
contained in the G.O. Compliance Bill and the Commissioner's Order
(Minn. Statutes Section 16A.693, Subdivision 3 and the Commissioner's
Order).
(v) This Lease contains no provisions concerning the sale of the Premises or
the termination of the Governmental Program.
Dippin Chocolate, LLC, as Tenant of the Building and Premises herein, hereby agrees to the
terms of this Lease.
DIPPIN CHOCOLATE, LLC
IC
Its:
The City of Mounds View, as Landlord of the Building and Premises herein, hereby agrees to the
terms of this Lease.
CITY OF MOUNDS VIEW
Its
Carol A. Mueller
Mayor
Its: City Administrator
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416585v5 SJR MU210-35
EXHIBIT A
BUILDING: "The Mounds View Community Center"
PREMISES: "The Kitchen"
16
Item No: 8A
MoLTNDs z T� Meeting Date: January 2, 2018
�/ Type of Business: Council Business
Administrator Review:
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nyle Zikmund, Interim City Administrator
Item Title/Subject: Resolution 8880, Appreciation of Jessica Rieland's years of
service on the Economic Development Commission (EDC)
Introduction:
Jessica Rieland, who has served on the EDC since January 1, 2015, has elected not to
reapply for another term on the Commission. Jessica served on the EDC as a business
representative for Biolife Plasma Services located in the Mounds View Business Park.
Recommendation:
The City Council is requested to approve Resolution 8880, a resolution of appreciation
for Jessica Rieland's three years of service to the community.
Respectfully submitted,
Nyle Zikmund
Interim City Administrator
RESOLUTION NO. 8880
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO JESSICA RIELAND FOR HER SERVICE ON
THE MOUNDS VIEW ECONOMIC DEVELOPMENT COMMISSION (EDC)
WHEREAS, Jessica Rieland was appointed to serve on die Mounds View EDC, beginning
January 1, 2015, with her current term expiring December 31, 2017; and,
WHEREAS, Commissioner Rieland has served on the EDC as a business representative
for Biolife Plasma Services; and
WHEREAS, she has volunteered her time and provided invaluable advice and opinions to
the Commission and Staff throughout her diree years of service on die EDC;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of die City of Mounds
View, on behalf of its residents, expresses its appreciation to Jessica Rieland for her dedication and
devoted service on the Economic Development Commission.
Adopted diis 2' day of January, 2018.
ATTEST:
(SEAL)
Mayor Carol A. Mueller
Councilmember Sheriy Gunn
Councilmember Bill Bergeron
Councilmember Al Hull
Councilmember Gary MeehIlhause
Nyle Zilnnund, Interim City Administrator
Item No: 9.A
Meeting Date: January 2, 2018
Type of Business: Council Business
City Administrator Review:
of Mounds View Staff R
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 8884 Appointing Nyle Zikmund to the
Position of City Administrator
Introduction:
James Ericson has resigned as City Administrator effective September 9, 2017. The City
Council hired an executive search consultant to assist the City in the City Administrator
recruitment process.
Discussion:
Approximately 50 candidates applied for the position. The executive search consultant
reduced that number to 13 and provided the City Council with background information on
all thirteen. Each candidate provided a video interview and the City Council reviewed all
interviews. At the November 27, 2017 Council meeting the City Council selected six
finalists to conduct live interviews with on December 15 and 16. One candidate dropped
out and the remaining five candidates were interviewed by department heads and then the
City Council.
Department heads provided feedback to the City Council in the form of a Survey Monkey
open-ended response questionnaire. The City Council then deliberated for approximately
3 '/2 hours to select a candidate. The Mounds View HR Committee has negotiated a
tentative contract with Nyle Zikmund to become the next City Administrator. The contract
is being reviewed by the City Attorney.
Recommendation:
Approve Resolution 8884, a resolution appointing Nyle Zikmund to fill the position of City
Administrator, effective January 3, 2018.
Respectfully submitted,
l
Mark Beer, Finance Director
RESOLUTION NO. 8884
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPOINTING NYLE ZIKMUND TO THE POSITION OF CITY ADMINISTRATOR
WHEREAS, the City Council hired an executive search consultant to assist the City in
the City Administrator recruitment process; and
WHEREAS, fifty candidates applied for the position and the executive search consultant
provided the City Council with thirteen possible candidates; and
WHEREAS, six candidates were identified by the City Council at the November 27, 2017
Council meeting for live interviews on Friday, December 15 and Saturday, December 16, 2017;
and,
WHEREAS, one candidate withdrew from consideration; and
WHEREAS, Nyle Zikmund was the candidate that provided the best fit, skills, and
experience that most closely matched the identified needs of the City; and
WHEREAS, Mr. Zikmund consented to a criminal background check, which was
performed, and the results of which revealed nothing of note; and
WHEREAS, Mr. Zikmund has accepted the position under the terms and conditions
negotiated with the HR Committee.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does
hereby appoint Nyle Zikmund as the City of Mounds View City Administrator to begin effective
January 3, 2018.
BE IT FURTHER RESOLVED, that wage compensation will be consistent with the
employment agreement, negotiated between the parties.
BE IT FURTHER RESOLVED, that Mr. Zikmund shall serve at the will of the Council
and may be terminated with or without cause at any time. Severance and separation
compensation shall be consistent with the employment agreement and the City's personnel
policies.
BE IT FINALLY RESOLVED, that the employment agreement negotiated between the
parties will be incorporated into a written contract for final acknowledgement by the City Council
and execution by the parties.
Adopted this 2nd day of January, 2018.
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, Interim City Administrator
(SEAL)
DRAFT EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of January, 2018, by and
between the CITY OF MOUNDS VIEW, a municipal corporation, hereinafter called the "CITY,"
and Nyle Zikmund, hereinafter called the "EMPLOYEE,"
WITNESSETH:
WHEREAS, the CITY desires to continue to employ the services of said EMPLOYEE as
City Administrator of the City of Mounds View, as provided by Chapter Six of the Mounds View
City Charter; and,
WHEREAS, it is the desire of the CITY'S governing body, hereinafter called "COUNCIL,"
to provide certain benefits, to establish certain conditions of employment, and to set working
conditions of said EMPLOYEE; and,
WHEREAS, the EMPLOYEE desires to retain employment with the CITY.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
1. Position. The CITY agrees to employ EMPLOYEE as its City Administrator. The
EMPLOYEE agrees to serve as City Administrator in accordance with state statutes, city
ordinances and the Mounds View City Charter and to perform such other legally permissible
and proper duties and functions as the COUNCIL may from time to time assign.
2. Duration. EMPLOYEE'S effective date of employment as City Administrator for the City
commenced on January 3. 2018FebFuafy 11, 20 . The term of this agreement shall
continue until EMPLOYEE resigns his position or is terminated as provided herein.
Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the
CITY to terminate the services of EMPLOYEE at any time, subject only to the
provisions set forth in Section 18 of this agreement.
Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the
EMPLOYEE to resign at any time from his position with CITY, subject only to the
provisions set forth in Section 17 of this agreement.
3. Duties. CITY hereby agrees to employ Janie&iesefle Zikmund as its City
Administrator to perform the functions and duties specified in the Mounds View Municipal
Code and the Mounds View City Charter and to perform other legally permissible and
proper duties and functions as the COUNCIL may from time to time assign.
Employment Agreement for Nyle Zik nundJame&E+iesenn
Revised DecemberMy 28-1,20176 Page 1 of 6
4. Hours of Work. It is recognized that EMPLOYEE must devote a great deal of time outside
of typical office hours to the business of the CITY, and to that end, EMPLOYEE will be
allowed to adjust his schedule as he shall deem appropriate during said normal office hours.
5. Outside Activities. EMPLOYEE agrees, except as specifically authorized by the
COUNCIL, to remain in the exclusive employ of the CITY for an indefinite period and not
to become employed by any other employer until termination of his employment with the
City as provided herein. At the consent of the COUNCIL, EMPLOYEE may occasionally
be involved in teaching, writing, or consulting work which does not otherwise interfere with
the EMPLOYEE'S ability to effectively discharge his assigned duties. EMPLOYEE may
not utilize CITY equipment or technology for personal gain.
Exception —Employee declares and Council agrees Employee can and will continue
teaching leadership and administration and pension management for Hamline University,
Anoka County Fire Academy. Anoka Ramsey Community College and fire departments
and/or relief associations. Employee also will, on a limited basis to writing and consulting
specific to organizational leadership and management issues. Said activities shall not
impact or interfere with any duties.
6. Performance Evaluation. The EMPLOYEE and the CITY agree that a performance
review will be conducted on the EMPLOYEE in July of 2018 using a standard 360 format
and thereafter annually. The first annual review will include an in-depth 360 (not to exceed
$2.500). Thereafter said review shall be in accordance with specific criteria developed
jointly by the CITY and the EMPLOYEE. Said criteria may be added to or deleted from as
the COUNCIL may from time to time determine, in consultation with the EMPLOYEE.
Further, the COUNCIL shall provide the EMPLOYEE with a summary written statement
of the findings of the COUNCIL and provide an adequate opportunity for the EMPLOYEE
to discuss his evaluation with the COUNCIL. Subject to the discretion of the EMPLOYEE
otherwise, the evaluation shall be conducted in an executive session of the COUNCIL
closed to the public.
Annually, the COUNCIL and EMPLOYEE shall define such goals and performance
objectives that they determine necessary for the proper operation of the CITY and for the
attainment of the COUNCIL'S policy objectives and shall further establish a relative
priority among those various goals and objectives to be reduced to writing. The goals and
objectives shall generally be attainable within the time limitations specified and within the
annual operating and capital budgets and appropriations provided.
In effecting the provisions of this Section, the COUNCIL and EMPLOYEE mutually agree
to abide by the provisions of applicable law.
Salary. Effective jub, 12,-10-16January 3, 2018 the CITY shall pay the EMPLOYEE a
salary of X63 16based on the 2018 Compensation Schedule beginnin ag t step one as
adjustedr by section 13.23er the memerandum of _ nder-s.^.,a:. g per hour. If the CITY
provides a cost of living adjustment to non-union employees in subsequent years, the CITY
shall provide the same cost of living adjustment to the EMPLOYEE. Further, the CITY
may authorize a market rate wage adjustment subsequent to conducting a salary
compensation study.
Employment Agreement for Nyle Zikmund3ames-€Finsen
Revised Decemberduly 2847, 20176 Page 2 of 6
8_8—Vacation. EMPLOYEE shall accrue vacation in accordance with the rates specified---- ---
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
in Section 3.40 of the CITY'S Personnel Manual, or as mutually agreed upon by the CITY
3 ... +Start at: 7+Alignment: Left +Aligned at: 0.25"+
Tab after: 0.5' +Indent at: 0.5"
and EMPLOYEE. EMPLOYEE shall be permitted to carry over vacation benefits in
accordance with the relevant provisions of the CITY'S Personnel Manual. In the event, for
reasons not under EMPLOYEE'S control, EMPLOYEE'S accrued vacation at the end of
the year exceeds the established carry-over limitations established in the Personnel Manual,
the COUNCIL, at the request of the EMPLOYEE, may waive the EMPLOYEE'S carry-
over limitation in a given year for just cause, at its discretion.
t-----
Formatted: List Paragraph, Left, No bullets or numbering,
a Exception — Vacation accrual will commence at point of 4 weeks' vacation in first-.,
Tab stopSs: Not 11+ a+ 5.5° + 6"+ 2" + 2.511+ 311+ 3.5" +
yeaer.
Formatted: Numbered + Level: 2 + Numbering Style: a, b,
c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" +
9. Sick Leave. EMPLOYEE shall accrue and use sick leave benefits in accordance with the
Tab after: 1" + Indent at: 1", Tab stops: Not at 0.5"
relevant provisions of the CITY'S Personnel Manual in effect as of July 11, 2016, or as
mutually agreed upon by the CITY and EMPLOYEE.
10. Health, Dental, Life and Disability Insurance. EMPLOYER shall provide the
EMPLOYEE with the same monthly contribution toward group health, dental and
supplemental life insurance as received by other non-union employees and approved by the
COUNCIL. EMPLOYER shall provide EMPLOYEE the same dental, life and disability
insurance benefits as provided to all other non-union employees.
11. Pension Plans. The CITY shall contribute toga mutually agreed ed upon deferred
compensation^e44-soon or h -'e^'*' ^^re account and amount equivalent to the PERA statutody
contribution a -as required and authorized by State law.
12. Supplemental Deferred Compensation. EMPLOYER will match the EMPLOYEE'S
annual deferred compensation contribution up to $2,500. Contributions will be directed to
the Minnesota State Deferred Compensation plan or ICMA Retirement Corporation at the
EMPLOYEE'S choosing. Mwdmize afnetwt. Said centfibution to be li
eemeafed to in addition. Seew��
13. Expenses. EMPLOYEE shall be eligible for reimbursement of actual expenses incurred
while conducting business on behalf of the CITY on the same basis as other employees of
the CITY. if EMPLOYEE uses his a....automobile f CITY business, the EMPLOYER
H r r
ll ti Enr OVEEPeF mile basis and ata fate equal t, what EMPLOYE
reimburses all ether employees for business use of a personal autemebile.
13.1. Cell Phone. At the discretion of the EMPLOYEE, the CITY shall either provide
EMPLOYEE with a cell phone suitable to conduct appropriate business related
communications or provide a stipend to EMPLOYEE to reimburse for the use of his
own device in an amount not to exceed what the CITY would have otherwise spent
on a monthly basis, and to reimburse EMPLOYEE for the upgrade cost of a new
device every 16 months.
13,2 Car Allowance City agrees to provide a car allowance of $700 per month said Formatted: Font: Not Bold
allowance to be in lieu of salary (seeprovision 7) versus in addition to salary_
Employment Agreement for Nyle Zikmund;ames-E-riesen
Revised December3uty 23-t, 20176 Page 3 of 6
14. Dues and Subscriptions. Professional dues and all subscriptions may be authorized by
the COUNCIL through the annual budgeting process and in accordance with the established
purchasing and personnel policies of the CITY. Employee declares desire to include ICMA
and Rotary
15. Professional Development. Opportunities for professional development and
participation in local, regional, state and national organizations may be authorized by the
COUNCIL through the annual budgeting process and in accordance with the established
purchasing and personnel policies of the CITY.
Employee declares desire to be involived in League of Minnesota Cities, North
Metro Mavors association and as appropriate and relevant, advocacy in legislative
process.
-
16. Indemnification. The CITY shall defend and indemnify EMPLOYEE pursuant to
Minnesota Statutes 466.07 and 465.76. In addition, the CITY shall defend, hold harmless,
and indemnify EMPLOYEE from all alleged violations of torts; statutes, laws, rules, and
ordinances, provided the EMPLOYEE was acting in the performance of the duties of the
position.
17. Resignation. In the event EMPLOYEE voluntarily resigns his position with the CITY,
EMPLOYEE shall provide the CITY with written notification of his resignation at least 30
days prior to the effective date, unless the COUNCIL consents to a shorter notification
period. If proper notification of the resignation is provided to the CITY, EMPLOYEE shall
be entitled to his accrued vacation and sick leave benefits in accordance with the relevant
provisions of the CITY'S Personnel Manual. If proper notification of the resignation is not
provided by EMPLOYEE, payment of such benefits shall be made at the discretion of the
COUNCIL.
18. Termination and Severance Pay. EMPLOYEE will serve at the will of the COUNCIL
and may be terminated with or without cause at any time. In the event EMPLOYEE is
terminated by the COUNCIL and the EMPLOYEE is willing and able to perform his duties
under this agreement, the CITY agrees to pay EMPLOYEE his then current salary and
benefits for a period of six months. The CITY'S obligation to pay severance shall terminate
if EMPLOYEE successfully obtains a position of comparable responsibility and
compensation.
In the event the COUNCIL authorizes to pay severance, the EMPLOYEE will not be entitled
to accrue additional vacation, sick leave or holidays during the period that severance is paid.
In the event the CITY at any time during the term of this agreement reduces the salary or
other financial benefits of EMPLOYEE by a greater percentage than an applicable across-
the-board reduction for all employees of the CITY, or in the event the CITY refuses,
following written notice, to comply with any other provision benefiting EMPLOYEE
herein, or the EMPLOYEE resigns following a suggestion by a majority of the
COUNCIL that he resign, then, in that event the EMPLOYEE may at his option be
deemed to be "terminated" at the date of such reduction or such refusal to comply
within the meaning and context of the herein severance pay provision.
Employment Agreement for Nvle Zikm md3afnesE+iesen
Revised Decemberdaty 251, 20176 Page 4 of 6
In the event EMPLOYEE is terminated because of malfeasance in office, gross misconduct
or conduct that could lead to the conviction of a felony or any other crime involving personal
gain to EMPLOYEE, then EMPLOYER shall have no obligation to pay the severance
benefits to EMPLOYEE. If EMPLOYEE is subsequently determined by a court not to have
committed the felony or other crime involving personal gain for which EMPLOYEE was
terminated by the CITY, EMPLOYEE shall be entitled to payment of his severance in a
lump sum payment.
Upon the effective date of the EMPLOYEE'S termination, the City shall pay EMPLOYEE
for all earned and accrued sick leave and vacation hours in accordance with the CITY'S
Personnel Manual in effect as of January 3. 2017july 11, 2016.
19. Market Rate Adjustment. EMPLOYER shall, from time to time as may be mutually
agreeable, complete a Salary Compensation Study on the City Administrator position to be
compliant with the policies of the CITY'S Personnel Manual.
20. Other Terms and Conditions of Employment. The COUNCIL, in consultation with the
EMPLOYEE, shall fix any such other terms and conditions of employment as it may
determine from time to time, relating to the performance of EMPLOYEE, provided such
terms and conditions are not inconsistent with or in conflict with the provisions of this
agreement, the Mounds View City Charter or any other applicable law.
In addition to the benefits enumerated specifically herein for the benefit of EMPLOYEE,
all provisions of the Mounds View City Charter and Municipal Code, and regulations and
rules of the CITY relating to vacation and sick leave, retirement and pension system
contributions, holidays, and other benefits and working conditions as they now exist or
hereafter may be amended, also shall apply to EMPLOYEE as they would to other
employees of CITY, in addition to said benefits enumerated specifically for the benefit of
EMPLOYEE except as herein provided.
The City will provide for employment of a part -tune administrative assistant for the City
Administrator with maximum compensation including any benefits of $18,000, to be
mutually reconsidered annually.
8 art tifne ($18,000 _y a ff ------ Formatted: Numbered + Level: 1 + Numbering Style: a, b,
c, ... + Start at: 1 + Alignment: Left + Aligned at: 1" +
adminisfFative assistant and open RA Mine that f3esition. Indent at: 1.25"
21. General Provisions. The text herein shall constitute the entire agreement between the
parties. This agreement shall become effective commencing on January 3. 2018r
2916, and shall continue until EMPLOYEE resigns his position or is terminated as provided
herein.
If any provisions, or any portion thereof, contained in this agreement is held
unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion
thereof, shall be deemed severable, shall not be affected, and shall remain in full force and
effect.
IN WITNESS WHEREOF, the CITY OF MOUNDS VIEW has caused this agreement to
be signed and executed on its behalf by its Mayor, and duly attested by its Assistant City
Employment Agreement for Nyle Zik nunddames£riesen
Revised December3ul-y 2&t, 20176 Page 5 of 6
Administrator and the EMPLOYEE has signed and executed this agreement, both in duplicate, the
day and year first above written.
ee Fla4eF TCarol A. Mueller Mayor
CITY OF MOUNDS VIEW
ATTEST:
De-safee Gran Mark Beer
Assistant G:t., n a.. mist. to (finance Director
james iss yle Zikmund
City Administrator
(Seal)
Employment Agreement for Nyle Zikmunddames Friesen
Revised DecemberJuly 2847, 20176 Page 6 of 6
Memorandum of Understanding
Between City of Mounds View Council and City Administrator Nyle Zikmund
January 2, 2018
Purpose:
As part of the employment contract between the City of Mounds View (Employer) and Nyle Zikmund
(Employee), City Administrator this Memorandum of Understanding provides additional clarification and
transparency to the formal agreement.
Outside Employment/Teaching/Consulting/Writing:
Employee understands he will be in the exclusive employment of Mounds View and will not seek other
W-2 type employment. Employer understands that Employee currently and wishes to continue
teaching, consulting, and writing outside of working for the Employer and within the parameters of the
employment agreement.
Employee discloses that he currently teaches as an adjunct instructor for Hamline University, Anoka
Ramsey Community College, and National Fire Academy and directly to area fire departments and relief
associations; all on an intermittent basis. Employee discloses that he also, on an intermittent basis does
consulting and writing for local area fire departments and relief associations. None of this activity will
interfere with any duties related to Employer needs and expectations as detailed in the job description
and employment agreement.
Hours of Work:
Employer states hours of work are flexible with expectation of job duties successfully addressed.
Employee discloses that a preferred work schedule is from early morning to 3:30 to 4:00 pm in
afternoon and nights and weekends as meetings and/or events require.
Cell Phone:
Employer offers cell phone and monthly stipend per policy. Employee elects to have monthly stipend.
Professional Association Activity/Advocacy:
Employer supports and employee wishes to engage in professional association membership and activity
along with advocacy as appropriate. Employee has significant expertise in public pensions, government
operations, and public safety issues.
Motnvns VfE—W
City of Mounds View Staff R
Item No: 09B
Meeting Date: January 2, 2018
Type of Business: CB
Administrator Review:
To: Honorable Mayor and City Council
From: Nyle Zikmund, City Administrator
Item Title/Subject: Resolution 8882 Approving Acting Mayor, Treasurer,
City's Official Newspaper and Official Depositories for 2018
Background:
In accordance with Minnesota state law, it requires the City Council to annually select an Acting
Mayor from among City Council Members. In addition, state law also requires the City Council to
annually select an official depository for City funds. In 2017, the Acting Mayor was
Councilmember Gunn.
In accordance with Minnesota state law, it requires the City Council to annually designate a legal
newspaper of general circulation in the City as its official newspaper
In accordance with Section 6.04, of the Mounds View City Charter, it requires the City Council to
appoint a City Treasurer.
Discussion:
The Sun Focus, the Bulletin and the Shoreview Press have each submitted proposals to be the
City's official newspaper for 2018 (proposal letters attached). The Council selected the Sun
Focus as the City's primary newspaper last year. The City Council expressed interest in
selecting the Sun Focus as the City's official newspaper due to the better news coverage that
the Sun Focus provides on City matters. However, there appears to be a significant costs
difference between all three proposals. All newspapers accept legal notices via e-mail.
In regard to circulation in Mounds View, both the Sun Focus and The Bulletin delivers their
newspapers to approximately the same number of households at 3,500. However, The
Shoreview Press has indicated that circulation in Mounds View is minimal.
Lillie Suburban
$4.85 per column inch for a one-
Deadline is 3:00 pm Thursday
Newspapers (New
time publication; and $4.25 per
for following Tuesday's weekly
Brighton Bulletin)
column inch for each additional
publication.
publication (information provided
Monday characters per inch, 9
lines per inch)
Sun Media (Mounds
$7.00 per column inch (320
Deadline is 11:00 am Monday
View- New Brighton
characters per inch, 9 lines per
for Friday's weekly publication.
Sun -Focus)
inch)
Press Publications
$5.20 per column inch (300
Deadline is every other
(Shoreview Press)
character per inch, 9 lines per
Wednesday by 5:00 pm for
inch)
following Tuesday's bi-weekly
publication.
Item 09B
January 2, 2018
Last year and in years previous, the Council selected the St. Paul Pioneer Press as the City's
secondary newspaper. Since the Pioneer Press is a daily newspaper, it would certainly be
acceptable for the Council to select the Pioneer Press as the City's secondary newspaper.
The attached resolution appoints the treasurer consistent with Section 6.04 of the City Charter,
and also lists the city job positions that are authorized to conduct banking and investment
business on behalf of the City.
Recommendation:
Designate the City's Acting Mayor, Official Newspaper and adopt Resolution 8882.
Respectfully submitted,
Nyle Zikmund
RESOLUTION NO. 8882
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING OFFICIAL NEWSPAPER, ACTING MAYOR, OFFICIAL
DEPOSITORY AND TREASURER FOR THE YEAR 2018
WHEREAS, Minnesota state law requires that City Councils annually elect an
Acting Mayor from among City Council Members; and
WHEREAS, Minnesota state law requires that City Councils annually select an
official depository for City funds; and
WHEREAS, Chapter 6, Section 6.04 of the City Charter states the City Council
shall appoint a City Treasurer whose duties shall be as specified by State Law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mounds View does hereby appoint the following. -
Acting
ollowing:
Actin Mayor
Official City
Primary:
Newspaper
Secondary: St. Paul Pioneer Press
Primary
Western Bank (for checking accounts, savings accounts and
Depository
investments)
Secondary
Minnesota Municipal Money Market Fund, PMA -4M Fund,
Depositories
Wells Fargo Advisors, LLC, RBC Dain Rauscher, Inc., Morgan
Stanley/Smith Barney, LLC, U.S. Bank Systems Investment
Services; Wells Fargo Bank N.A.; US Bank Corporate Trust
Services; Federal Reserve Bank of Minneapolis; US Bank N.A.
BE IT FURTHER RESOLVED that the City Administrator, the Treasurer, or the
Deputy Treasurer are authorized to conduct banking and investment business on behalf
of the City and the persons appointed to these positions are the following:
Nyle Zikmund, City Administrator
Mark Beer, Treasurer
Agnes Quasabart, Deputy Treasurer
Adopted this 2rd day of January, 2018.
Carol Mueller, Mayor
ATTEST:
Nyle Zikmund, City Administrator
(SEAL)
Lillie Suburban Newspapers, Inc.
Jim Ericson
City Administrator
Mounds View City Hall
2401 Highway 10
Mounds View, CMN 55112
Dear Mr. Ericson:
2515 E. Seventh Avenue
North St. Paul, MN 55109
(651 ) 777-8800
December 4, 2017
Thank you for the opportunity to bid on public notice publication services for the City of Mounds
View. The Bulletin has been serving the needs of the Mounds View area for 60 years, and is pleased
to provide ongoing coverage of city government and school issues and community events.
Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area, It was
founded in 1938 by the late T. R. Lillie. His grandsons, Jeffery Enright and Ted H. Lillie, are
continuing the family tradition of publishing award-winning community newspapers in the St. Paul
suburbs.
It is our sincere desire to provide the best possible local news coverage in the Mounds View area.
Our experienced news staff provides readers with a well-balanced, lively and informative product each
week. We realize that Mounds View area residents look to the New Brighton -Mounds View Bulletin as
one of their primary sources of information about city activities and meetings, and we will continue to
publish the city's press releases and photos.
The Bulletin has the official designation of the neighboring communities of St. Anthony and New
Brighton, along with Mounds View School District 621.
3 P.M, Thursday is the deadline each week for submitting public notices to our office. Public
notices should be directed to Kitty Sundberg, Lillie Suburban Newspapers, 2515 E. Seventh Ave.,
North St. Paul, MN 55109. Our fax number is 651/777-8288. Notices may also be sent via e-mail to:
legals@lillienews.com
Legal publication rates for minutes, advertisements for bids and other notices are as follows:
$4.85 per column inch for a one-time publication
$4.25 per column inch for each additional publication
Thank you for considering the New Brighton -Mounds View Bulletin as the official legal newspaper
for the City of Mounds View for 2018. If you have any further questions, don't hesitate to call us.
Sincerely,
effery Enright
Publisher
LithE Ramsey County Review • Maplewood Review • Oakdale -Lake Elmo Review • Review Perspectives
New Brighton Bulletin • Shoreview Bulletin • St.Anthony Bulletin • South-West Review
MEWS Roseville -Little Canada Review • Woodbury -South Maplewood Review • East Side Review
CIF%l
'- MEDIA
December 2017
City of Mounds View
City Council
2401 Highway 10
Mounds View, MN 55112
Dear City Council Members:
Please accept the following bid from the Mounds View/New Brighton Sun -Focus for legal
newspaper designation for the City of Mounds View. This newspaper is qualified by the State of
Minnesota as a legal newspaper under Minnesota Statutes Section 331A.02, Subd. 1.
The following rate structure for legals is effective January 1, 2018:
Each insertion: $7.00 per column inch
Characters per inch: 320
Lines per inch: 9
A notarized affidavit will be provided for each notice published. Additional affidavits are $2.50 each.
A $20.00 charge will be assessed on legal notices that require typing. All published legal notices are
posted on the Sun -Focus website at no additional charge.
The Sun -Focus is published weekly on Fridays. The deadline is 11:00 a.m. on Monday for publication
on Friday of the same week. Please email legal notices to publicnotice@ecm-inc.com.
Thank you for considering the Sun -Focus as the official newspaper for the City of Mounds View for the
upcoming year. We appreciate the opportunity to serve the needs of your community.
Sincerely,
Migfiael Jetchick
Sales Manager
10917 VALLEY VIEW ROAD, EDEN PRAIRIE, MN 55344 • 952-846-2019 • FOCUS.MNSUN.COM
P4cess
Publications
4779 Bloom Ave., White Bear Lake, MN 55110 • Phone: 651-407-1200 • Fax: 651-429-1242
December 20, 2017
City of Mounds View
ATTN: City Administrator
2401 County Road 10
Mounds View, MN 55112
Dear City Administrator:
The Shoreview Press wishes to be considered as your official newspaper for 2018.
We meet all the legal publication requirements under state statutes. Our circulation
is audited by Verified Audit Circulation, an independent firm.
We prefer submittal of legal notices by mail, fax at (651) 429-1242, or e-mail your
notices to legalsgpresspubs.com - clearly labeling them as "Legal Notices."
There will be a slight increase in the rate for our legal notices this year due to increased
costs of health care and paper. We are asking for $5.20 per column inch, in 7 -point type
at 9 -lines per inch.
The Shoreview Press is an every other week newspaper.
Our deadline for legal notices for the Shoreview Press is every other Wednesday by
5:00 p.m. for the following Tuesday's publication. We will do our best to accommodate
a notice that would be submitted after deadline if we are advised by email and a phone
call by the deadline.
If we are not chosen, please consider us as a second publication as part of the city's
ongoing efforts to inform residents.
We look forward to the opportunity to serve you. We welcome any questions or
concerns you may have.
Sincerely,
vx�. GT�i�•-•
Lisa Graber
Legal Notice Coordinator
LG:mp
Misc: MoundsView2018.doc
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of Mounds view Staff
Item No: 09C
Meeting Date: January 2, 2018
Type of Business: CB
Administrator Review: 41
To: Honorable Mayor and City Council
From: Nyle Zikmund, City Administrator
Item Title/Subject: Resolution 8883, Appointing City Council Members and City Staff
as Representatives for City Commissions and Other
Organizations
Discussion:
The City Council annually reviews the various Council and Staff appointments to City commissions and
other organizations. Below are the 2017 Council and Staff appointments for your reference:
Ramsey County League
of Local Government
1. Councilmember Mueller
2. City Administrator
Spring Lake Park/Blaine/
Mounds View Fireman's Relief Assoc.
1. Councilmember Gunn
2. City Administrator
Human Resources Committee
1. Councilmember Hull
2. Councilmember Meehlhause
3. City Administrator
4. Assistant City Administrator
Minnesota Metro North Tourism
1. Councilmember Meehlhause
2. Business Development Coordinator
3. City Administrator
YMCA Advisory Committee
1. YMCA Center Manager
2. YMCA Manager
3. Executive Director of the NW Family YMCA
4. Mounds View Residents (2)
5. City Administrator
6. Councilmember Meehlhause
7. Councilmember Hull, Alternate
NSCC/NSAC Commission
1. Councilmember Gunn
2. Finance Director Mark Beer, Alternate
Council Representative to
Commissions and Committees
1. Councilmember Meehlhause
Northeast Youth and Family Services
1. Councilmember Meehlhause
2. Councilmember Hull, Alternate
League of Minnesota Cities
1. Mayor Mueller
2. City Administrator
3. Councilmember Gunn, Alternate
North Metro Mayors Association
1. Mayor Mueller
2. City Administrator
3. Councilmember Gunn, Alternate
Mounds View Business Council
1. Mayor Mueller
2. Councilmember Meehlhause
3. Business Development Coordinator
North Metro 1-35 Corridor Coalition
1. Councilmember Gunn
2. City Administrator
3. Councilmember Hull, Alternate
Metro Cities
1. Mayor Mueller
2. City Administrator
Anoka County Fire Protection Board
1. Councilmember Hull
2. Councilmember Gunn, Alternate
Item No. 09C
January 2, 2018
Page 2
Recommendation:
Please make the appointments as necessary and approve attached Resolution 8883.
Respectfully submitted,
Nyle Zikmund
RESOLUTION 8883
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING CITY COUNCIL MEMBERS AND CITY STAFF AS
REPRESENTATIVES FOR CITY COMMITTEES AND OTHER ORGANIZATIONS
WHEREAS, members of the City Council act as representatives to City Committees and other
organizations; and
WHEREAS, the following representatives of the City have been named to act as representatives to
the following City Committees and other organizations for the year 2018:
Ramsey County League of Local Government
1.
2. City Administrator
Spring Lake Park/Blaine/
Mounds View Fireman's Relief Assoc.
1.
2. City Administrator
Human Resources Committee
1.
2.
3. City Administrator
4. Human Resources Coordinator
Minnesota Metro North Tourism
1.
2. Business Development Coordinator
3. City Administrator
YMCA Advisory Committee
1. YMCA Center Manager
2. YMCA Manager
3. Executive Director of the NW Family YMCA
4. Mounds View Residents (2)
5. City Administrator
6.
7. _ _ _ Alternate
NSCC/NSAC Commission
1.
2. Alternate
Council Representative to
Commissions and Committees
1.
Northeast Youth and Family Services
1.
2. Alternate
League of Minnesota Cities
1.
2. City Administrator
3. Alternate
North Metro Mayors Association
1. Mayor Mueller
2. City Administrator
3. , Alternate
Mounds View Business Council
1.
2.
3. Business Development Coordinator
North Metro 1-35 Corridor Coalition
1.
2. City Administrator
3. Alternate
Metro Cities
1.
2. City Administrator
Anoka County Fire Protection Board
1.
2. _ _ Alternate
Resolution 8883
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the
aforementioned appointments are hereby approved.
Adopted this 2rd day of January, 2018.
Carol Mueller, Mayor
ATTEST:
Nyle Zikmund, City Administrator
(SEAL)
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City of Mounds View Staff R
Item No: 09D
Meeting Date: January 2, 2018
Type of Business: Council Business
Administrator review:. )) �
To: Honorable Mayor and City Council
From: Rayla Sue Ewald, Human Resources Coordinator
Item Title/Subject: Resolution 8881, Hiring/Appointing Karla Keys to position of
Police Administrative Assistant
Background
Upon receiving the resignation of the Police Support Specialist this past October,
council took the opportunity to review the needs of the Police Department
Administration area. The Police Evidence Technician was promoted to Police Support
Manager and the position of Police Administrative Assistant was created. Chief Harder
posted the position and Human Resources Coordinator Ewald ran the recruitment
process.
Discussion
A posting based on the job description was accomplished and published for 10 working
days on the Cities Web Site as well as the League of Minnesota Cities Web site. One
hundred four (104) applications were received by the deadline (twenty-one (21)
applications were received after the deadline). The applications were scored with nine
(9) individuals being interviewed by police department personnel and Human Resources
Coordinator Ewald.
Recommendation
The panel unanimously is recommending the Council offer/appoint Ms. Karla Keys to
the position of Police Administrative Assistant starting January 16, 2018. Due to her 13
years' experience with two other police departments, the panel is recommending she
start at Level 2 in the 2018 compensation plan, complete a six-month probationary
period, and move to Level 3 upon her one year anniversary.
Respectfully submitted,
yla Sue Ewald
Human Resources Coordinator
RESOLUTION NO. 8881
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING HIRING OF KARLA KEYS
WHEREAS, The City of Mounds View posted for a Police Administrative
Assistant; and
WHEREAS, The City of Mounds View posted for the position on its web page
and the League of Minnesota Cities web page; and
WHEREAS, One hundred twenty five (125) applications were received, scored
and nine (9) interviews were conducted; and
WHEREAS, An interview panel comprised of the Police Support Manager, Police
Investigator and the Human Resources Coordinator, conducted a first interview on
December 6, 2017 and selected three (3) candidates in for a second interview. On
December 13, 2017 the three (3) candidates appeared for their second interview with
the panel of the Police Support Manager, Chief of Police and the Human Resources
Coordinator. At the conclusion of the second interview, the panel engaged in
discussion and came to a conclusion for a recommendation; and
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
approves the hiring of Karla Keys to the position of Police Administrative Assistant
starting January 16, 2018 at Level 2 of the 2018 Compensation plan and upon
successful completion of a 6 month probation and one year employment be moved to
Level 3.
Adopted this 2nd Day of January, 2018
Carol A. Mueller, Mayor
ATTEST:
Nyle Zikmund, City Administrator
(seal)