HomeMy WebLinkAboutAgenda Packets - 2020/04/13CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, April 13, 2020
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. CONSENT AGENDA
A. Approval of Minutes: March 20, 2020. March 23, 2020
B. Just and Correct Claims
C. Resolution 9260, Approving Severance for Keith Czarnecki, Police Officer
D. Resolution 9262, Approving Agreement for Building Official Services
(Contingency Plan)
E. Resolution 9263, Approving electronic signatures
6. 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.
7. SPECIAL ORDER OF BUSINESS
A. State Representative Kelly Moller
a. Workers Compensation Fund
8. COUNCIL BUSINESS
A. PUBLIC HEARING; Resolution 9256; Approval of a Conditional Use
Permit for an Oversized Garage, 8012 Edgewood Dr.
B. Resolution 9261 COVID HR Issues
C. Resolution 9264, Approving the Proposal from KLM Engineering for Roof
Repairs on the Ground Reservoir
9. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Finance Director Beer – Utility Billing Issues – Due Dates and
Penalties
2. City Administrator Zikmund
A. Liquor/Restaurant Licenses – Pro Rate
B. Creative Kids Property Tax Relief – See Council Memo
C. Condemnation Assessments – City Participation
C. Reports of City Attorney
10. NEXT COUNCIL WORK SESSION: Monday, May 4, 2020
Council will meet in virtual format
NEXT COUNCIL MEETING: Monday, April 27, 2020
Council will meet in virtual format
11. ADJOURNMENT
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Special Meeting
March 20, 2020
Mounds View City Hall
2401 Mounds View Boulevard, Mounds View, MN 55112
3:00 P.M.
1. MEETING IS CALLED TO ORDER by Mayor at 3:04 PM
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller
NOT PRESENT: None.
4. SPECIAL ORDER OF BUSINESS – Mayoral Declaration of Local Emergency
A. Mayoral Declaration No. 2020-1
Mayor Mueller read Mayoral Declaration No. 2020-1 finding that a local emergency does
exist in the City of Mounds View.
B. Resolution 9255 – Resolution pursuant to Minnesota Statutes Section 13.29
extending the period of a Mayor-Declared Local Emergency
Administrator Zikmund reviewed the staff report. The Mayoral Declaration started the
local emergency which terminates in three day, and t his resolution will extend the
Declaration until further Council action changes and provides the City the ability to act as
necessary within statutory guidelines.
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution
9255, extending Mayor Declared Local Emergency.
Roll Call Vote: Bergeron – Aye, Hull – Aye, Gunn – Aye, Meehlhause – Aye, Mueller –
Aye. Motion Carried
C. Mayor Statement and Determination Regarding Meetings by Telephone or
Other Electronic Means
Administrator Zikmund advised this action, which only needs the Mayor to declare by
signing, will allow meetings by phone or other electronic means. Council unanimous in
support of Mayor Statement. Administrator Zikmund stated staff is working with CTV on
options which include a conference call type meeting. Attorney Riggs indicated all votes
will need to be roll call when conducting meetings via other means.
Mounds View City Council March 20, 2020
Special Meeting Page 2
Mayor Mueller read statement and determination of meeting by other means.
Administrator Zikmund stated staff would have minutes, resolutions, and Mayoral
Declaration posted on City web page by noon on Monday. Staff was also working on
messaging for the web page and social media.
5. Next Council Meeting: Monday, March 23, 2020, at 6:30 p.m.
6. ADJOURNMENT
The meeting was adjourned at 3:45 p.m.
Transcribed by:
Nyle Zikmund
City Administrator
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
March 23, 2020 6
Mounds View City Hall 7
2401 Mounds View Boulevard, Mounds View, MN 55112 8
6:31 P.M. 9
10
11
MEETING HELD BY PHONE CONFERENCE 12
CALL IN NUMBER 888-742-5095 13
CODE - 4470605061 14
15
1. MEETING IS CALLED TO ORDER: Mayor Mueller announced that this was the 16
Council’s first phone/electronic meeting under the City’s Emergency status with the adoption of 17
Resolution 9255 on March 20, 2020, and that all votes would be done by roll call. 18
19
2. PLEDGE OF ALLEGIANCE 20
21
3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller 22
23
NOT PRESENT: None. 24
25
4. APPROVAL OF AGENDA 26
A. Monday, March 23, 2020, City Council Agenda. 27
28
Mayor Mueller requested a change to the agenda moving Item 6 – Public Comment to Item 10. 29
30
MOTION/SECOND: Gunn/Meehlhause. To Approve the Monday, March 23, 2020, agenda as 31
amended. 32
33
ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 34
35
Ayes – 5 Nays – 0 Motion carried. 36
37
5. CONSENT AGENDA 38
A. Approval of Minutes: March 9, 2020 39
B. Just and Correct Claims. 40
C. Resolution 9251, Declaring the Official Intent of the City of Mounds View, 41
Minnesota, to Reimburse Certain Capital Expenditures of a Project from the 42
Proceeds of Tax Exempt Bonds. 43
D. Resolution 9252, Approving Recruitment Process for Police Officer. 44
45
Mounds View City Council March 23, 2020
Regular Meeting Page 2
MOTION/SECOND: Meehlhause/Bergeron. To Approve the Consent Agenda as presented. 1
2
ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
7. SPECIAL ORDER OF BUSINESS 7
8
None. 9
10
8. COUNCIL BUSINESS 11
A. Public Hearing: Resolution 9253, to Consider the On-Sale Intoxicating 12
Liquor License and Restaurant License Request of Sota Tap House and 13
Grill, LLC for the property located at 2535 Mounds View Boulevard, 14
Mounds Vie Square Shopping Center (previously El Loro). 15
16
This item was pulled from the agenda at the applicant’s request. 17
18
B. Resolution 9254, Authorize Funds to Complete the 2040 Comprehensive 19
Plan. 20
21
Community Development Director Sevald requested the Council authorize funds to complete the 22
2040 Comprehensive Plan. He explained the City had a contract with Stantec through the end of 23
2019 to complete the draft of the Comprehensive Plan. This draft was submitted to the Met 24
Council in December and staff needs additional funds to finalize the plan. He reviewed the 25
expense to complete the Comprehensive Plan and requested approval of the fund authorization. 26
27
City Administrator Zikmund indicated staff was requesting the assistance from a consultant due to 28
additional requirements the Met Council has placed on cities. He reported he has reached out to a 29
number of his colleagues and there were concerns regarding the requirements from the Met 30
Council. He stated this was a non-budgeted item. He commented Metro Cities was working with 31
the Met Council given the fact they have created a moving target. He explained even if this item is 32
approved, staff may delay work on this project to ensure the City of Mounds View can properly 33
meet the mark. 34
35
Finance Director Beer discussed with the Council how the additional expense would be funded by 36
the City. He reported the City could cover the full price of completing the 2040 Comprehensive 37
Plan. 38
39
Council Member Gunn expressed frustration with the manner in which the Met Council was 40
handling this issue. She supported the City taking a stand given the fact the City complied with 41
the original Met Council requirements. She recommended the City hold off on meeting the new 42
requirements. 43
44
Council Member Meehlhause asked if the City had additional funds available given the fact Jacob 45
Mounds View City Council March 23, 2020
Regular Meeting Page 3
Martin had recently resigned. Finance Director Beer stated this was the case. 1
2
Council Member Meehlhause commented he agreed with Council Member Gunn that the City 3
should hold off on meeting the new requirements. He supported the City sending the Met Council 4
a message that Mounds View did not support the new requirements. 5
6
Council Member Gunn explained given the state of the world at this time, this was a frivolous 7
expense and she would not be offering her support to spend additional dollars at this time. 8
9
Council Member Bergeron indicated he agreed with the other Council members that action on this 10
item could wait. 11
12
City Administrator Zikmund requested comment from the City Attorney and asked if the item 13
should be denied or tabled. City Attorney Riggs recommended the Council table action on this 14
item versus an outright denial. 15
16
City Administrator Zikmund commented tabling the item would allow staff more time to work 17
with Metro Cities to address the concerns regarding the Met Council that have been voiced by the 18
City Council. 19
20
MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Table Resolution 9254, 21
Authorize Funds to Complete the 2040 Comprehensive Plan. 22
23
Council Member Meehlhause stated this action did not reflect on the efforts of staff but rather was 24
the City Council’s frustration with the Met Council. 25
26
Council Member Bergeron concurred with this statement. 27
28
ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 29
30
Ayes – 5 Nays – 0 Motion carried. 31
32
C. Resolution 9255, Emergency Declaration. 33
1. Read Mayor Declaration 34
2. Act on Resolution 9255 35
3. Act on Meetings by Phone 36
37
This item was addressed at a Special City Council meeting held on Friday, March 20th. 38
39
D. Resolution 9258, Accepting the Bid for the 2020 Seal Coating Project. 40
41
Public Works Director Peterson requested the Council accept the bid for the 2020 seal coating 42
project. He explained this was an ongoing program the City had in place. He reported areas F 43
and G would be completed in 2020, which was 7.4 miles of street. He described the joint powers 44
agreement the City had in place with the City of Coon Rapids and reviewed the expense for this 45
Mounds View City Council March 23, 2020
Regular Meeting Page 4
project in further detail. Staff recommended a 10% contingency be put in place bringing the total 1
project cost for the 2020 seal coating project to $119,885.11. 2
3
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 9258, 4
Accepting the Bid for the 2020 Seal Coating Project. 5
6
Council Member Meehlhause stated he spoke with Finance Director Beer earlier today and noted 7
this project came in slightly higher than budgeted. He reported this overage would be covered by 8
the Street Improvement Fund balance. 9
10
ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 11
12
Ayes – 5 Nays – 0 Motion carried. 13
14
E. Resolution 9259, Awarding a Construction Contract for the 2020 Street 15
Reconstruction Project. 16
17
Public Works Director Peterson requested the Council award a construction contract for the 2020 18
Street Reconstruction Project. He reviewed the streets that would be reconstructed which 19
included a segment of Quincy Street and Sherwood Place. He explained Stantec had completed 20
the final street design and the Council authorized the project to be bid in February of 2020. He 21
reviewed the bids and noted the low bid came in at $1,126,604.98. He recommended the project 22
area be hydroseeded and not sodded. Staff reported this project came in slightly over budget due 23
to the fact several alternates were included. He stated this project would be addressing a 24
stormwater drainage concern along Quincy Street and would be putting in wider sidewalks for 25
pedestrian safety. He explained these alternates would bring the total project cost to 26
$1,169,950.78. It was noted this was a State Aid Street which required special testing. Staff 27
recommended a 10% contingency be approved for this project which would bring the total project 28
cost to $1,230,654.53. 29
30
Council Member Bergeron asked when the project would begin and if this would impact the work 31
being done at the Pinewood Elementary School. Public Works Director Peterson stated some 32
cities were contemplating holding off on the street projects given the COVID-19 issue. He 33
discussed how the project would impact residents if they were required to shelter in place. He 34
commented homeowners may be required to not use their sewer line for a period of time in order 35
to allow for slip lining to be completed. He anticipated the Pinewood Elementary School work 36
would be done prior to the City beginning its street project. 37
38
City Administrator Zikmund requested the Council add in the Quincy Street stormwater pipe as 39
an alternate to this project. 40
41
Finance Director Beer recommended the Council add Item 9 to the Resolution increasing the 42
budgeted amount for account 485-4470-7050-323 by $316,000. 43
44
MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 9259, 45
Mounds View City Council March 23, 2020
Regular Meeting Page 5
Awarding a Construction Contract for the 2020 Street Reconstruction Project, as amended. 1
2
ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
9. REPORTS 7
A. Reports of Mayor and Council. 8
9
Council Member Gunn reported the school district is offering free breakfast and lunch at the 10
schools between the hours of 10:00 a.m. to 1:00 p.m. She commented an adult had to be present 11
with the students. She encouraged the City Council to spread the word on the free meals. 12
13
Council Member Meehlhause stated the Gateway Convention Board canceled their meeting last 14
week. He reviewed the year-end financials from this group with the Council and stated 2019 was 15
a great year for hospitality tax revenue. 16
17
Council Member Meehlhause reported the NYFS Board would be meeting on Thursday via a 18
conference call. He indicated the NYFS has hired a new President/CEO and her name is Tara 19
Jebens-Singh. 20
21
Council Member Meehlhause encouraged all Mounds View residents to complete the 2020 22
Census. He explained the census process was very easy to complete online and could be done in 23
less than 10 minutes. 24
25
Council Member Bergeron stated the Census was simple to complete and he encouraged all 26
residents to complete this task. 27
28
Mayor Mueller reported that the League of Minnesota Cities building is closed to the public and 29
all in person events and seminars through April 6th have been cancelled. 30
31
Mayor Mueller stated she has been attending conference call meetings and noted the Ramsey 32
County E mergency Communication Center is fully staffed. She noted this organization has been 33
practicing social distancing and are handling calls within normal response times. She commented 34
as the virus continues to spread, the Arden Hills emergency branch could be opened, if deemed 35
necessary. 36
37
Mayor Mueller indicated the Mounds View Town Hall meeting would not be held in April. She 38
explained staff would be discussing this further at a future worksession meeting. 39
40
Mayor Mueller expressed concern with the fact that residents were getting information on social 41
media that may or may not be accurate. She thanked Governor Walz for keeping residents 42
updated with accurate and up to date information. She encouraged residents to visit the City of 43
Mounds View or Ramsey County websites with any questions regarding the virus. 44
45
Mounds View City Council March 23, 2020
Regular Meeting Page 6
Mayor Mueller stated the Ralph Reeder Food Shelf was in need of donations at this time. 1
2
Mayor Mueller commented that she and Dan put Christmas lights back up on their deck railing as 3
a sign of encouragement and to serve as a visual reminder that the community would get through 4
this pandemic. 5
6
B. Reports of Staff. 7
1. April 6 Work Session. 8
9
City Administrator Zikmund questioned if the Council would like to hold the April 6th work 10
session meeting via conference call. He reviewed the items that were being proposed to be 11
addressed at this meeting. 12
13
Public Works Director Peterson commented the items he had to discuss could be held off until 14
May or June. 15
16
Council Member Meehlhause supported canceling the worksession meeting scheduled for April 17
6th. The Council was in agreement. 18
19
Mayor Mueller questioned if the Council could cancel a worksession meeting per the Charter. 20
City Attorney Riggs reported the Charter was silent on worksession meetings and explained the 21
City Council had the flexibility to act on these items at a future meeting. 22
23
Mayor Mueller stated based on the consensus of the Council she recommended staff cancel the 24
April 6th worksession meeting. 25
26
2. Letter of Support – Ramsey County – Mounds View Boulevard 27
Improvement. 28
29
City Administrator Zikmund stated Ramsey County Senior Planner Joe Lux has been talking 30
about submitting a grant for an improvement project for Mounds View Boulevard. He explained 31
the underlying infrastructure along Mounds View Boulevard needs to be replaced and upgraded. 32
He stated the proposed grant would assist with this work, along with pedestrian improvements. 33
He reported Ramsey County was requesting a Letter of Support from the City of Mounds View 34
for this work. 35
36
Finance Director Beer discussed the level of MSA funding the City had in place and reported the 37
City will use up its MSA funds by 2024. 38
39
City Administrator Zikmund commented further on how this grant would support improvements 40
alo ng Mounds View Boulevard. 41
42
Council Member Gunn supported the City drafting a letter of support to Ramsey County for the 43
grant funding. The Council was in agreement. 44
45
Mounds View City Council March 23, 2020
Regular Meeting Page 7
3. Request from Creative Kids – Rajiv Garb – Rent Relief 1
2
City Administrator Zikmund stated Creative Kids has requested rent relief for the next three 3
months (or up to 18 months) given the fact their revenues were down. He explained staff has 4
discussed this further and noted the State may be providing subsidies to assist childcare facilities. 5
For this reason, staff was recommending action on the rent relief hold off. 6
7
Council Member Bergeron commented the State was one step ahead on this and recommended 8
the City hold off with offering rent relief at this time. The Council was in agreement. 9
10
City Administrator Zikmund indicated no staff members were out sick at this time. He reported 11
all staff members were working from home, whenever possible. He explained department heads 12
were coming in at times. He stated the City of Mounds View was in good shape and strong 13
contingency plans were in place if an illness were to occur. 14
15
Council Member Gunn indicated she was extremely proud of the City staff and all employees for 16
taking this virus seriously and for working diligently to maintain their health, while providing a full 17
continuum of City services. 18
19
C. Reports of City Attorney. 20
21
City Attorney Riggs commended the City Council and its’ staff for their efforts to provide a 22
smooth transition given the difficult circumstances the City was facing on a daily basis. 23
24
10. PUBLIC COMMENT 25
26
Finance Director Beer reported Officer Keith Czarnecki recently retired. He requested the 27
Council approve the payment of $1,921.96 in severance to Officer Czarnecki. 28
29
MOTION/SECOND: Meehlhause/Bergeron. To Aut horize Staff to Make a Severance Payment 30
to Officer Keith Czarnecki in the amount of $1,921.96. 31
32
ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
11. Next Council Worksession: TBD 37
Next Council Meeting: Monday, April 13, 2020, at 6:30 p.m. 38
Mounds View City Council March 23, 2020
Regular Meeting Page 8
1
12. ADJOURNMENT 2
3
The meeting was adjourned at 7:40 p.m. 4
5
Transcribed by: 6
7
Heidi Guenther 8
Minute Maker Secretarial 9
Item No: 5.C.
Meeting Date April 13, 2020
Type of Business: Council Consent
Administrator review: _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Rayla Sue Ewald, Human Resources Coordinator
Item Title/Subject: Resolution 9260, Approving Severance for Keith Czarnecki, Police Officer
Background
Keith Czarnecki has retired from his position effective March 20, 2020. Keith has been employed by the
City for 23 years (May 6 , 1996) as a Police Officer. Attached is Resolution 9260 , which authorizes
severance to Mr. Czarnecki in accordance with the City’s Personnel Manual.
Discussion
Section 3.47 of the Personnel Manual indicates that employees who resign shall be compensated for any
accrued and unused vacation hours and, with two or more years of service, employees are eligible to
receive a payout of sick leave subject to the terms and provisions addressed in Section 3.45 regarding
the Retirement Health Savings Plan. Employees that had 10 years of service on 01-01-2008 were eligible
for enhanced sick leave payout of 65%. There are 4 employees remaining that are eligible under this
provision. Mr. Czarnecki qualifies for enhanced sick leave payout. His current leave balances are 37.64
hours of vacation and 7.70 hours of sick time.
The following represents severance eligible to Mr. Czarnecki:
Hours Hourly rate Payout
Vacation Hours 37.64 $42.39 $1595.56 Into RHSP
65% of Sick Leave 7.70 $42.39 $ 326.40 into RHSP
Total Severance: $1921.96
Recommendation
Staff recommends approval of Resolution 9260 authorizing severance to Keith Czarnecki pursuant to the
Mounds View Personnel Manual.
Respectfully submitted,
_______________________
Rayla Sue Ewald
Human Resources Coordinator
Attachment(s):
Resolution 9260, Approving Severance for Keith Czarnecki, Police Officer
The Mounds View Vision
A Thriving Desirable Community
RESOLUTION NO. 9260
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING SEVERANCE FOR KEITH CZARNECKI, POLICE OFFICER
WHEREAS, Keith Czarnecki has retired as Police Officer for the City of Mounds View;
his last day of employment was March 20, 2020; and
WHEREAS, in accordance with the Mounds View Personnel Manual, Mr. Czarnecki is
required to contribute 100% of his vacation hours to the Retirement Health Savings Plan and
65% of his sick leave hours will be deposited into his Retirement Health Savings Plan; and
WHEREAS, Mr. Czarnecki’s balance of accrued and unused vacation is 37.64 hours and
his sick leave balance is 7.70 hours; and
WHEREAS, Mr. Czarnecki’s rate of pay upon resignation was $42.39 per hour.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves
severance to Keith Czarnecki consistent with the Section 3.47 and 3.45 of the Mounds View
Personnel Manual as follows:
Hours Hourly rate Payout
Vacation Hours 37.64 $42.39 $1595.56 Into RHSP
65% of Sick Leave 7.70 $42.39 $ 326.40 into RHSP
Total Severance: $1921.96
Adopted this 13th day of April, 2020.
________________________________
Carol A. Mueller, Mayor
ATTEST:
________________________________
Nyle Zikmund, City Administrator
(seal)
The Mounds View Vision
A Thriving Desirable Community
Item No : 05D
Meeting Date: Apr 13, 2020
Type of Business: Consent
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jon Sevald, Community Development Director
Item Title/Subject: Resolution 9262, Approving Agreement for Building Official
Services (Contingency Plan)
Discussion:
In response to the COVID-19 pandemic, the Community Development Department has
created a contingency plan if Staff are unable to perform their jobs. Specific to building
plan review and inspections, if Nick Henly (Building Official) is out for an extended
period of time, Plan B is Jeff Baker (Spring Lake Park Building Inspector). If Jeff is out,
Plan C is Rum River Construction Consultants. Rum River served as our interim
Building Official in 2016.
Rum River has requested that the City adopt an agreement, prior to any services being
provided. The City Attorney has reviewed and edited the agreement.
Strategic Plan Strategy/Goal:
Address the property tax levy limitation in the City Charter, educate residents on inflow
& infiltration, & keep the same level of service while monitoring expenses.
Financial Impact:
Community Development has $1,000 budgeted for consulting services. If Rum River is
needed, the cost is $75 per hour for plan review and inspections (during business
hours).
Summary:
Mounds View and Spring Lake Park have an MOU to share building inspectors as
needed. In the event both city’s inspectors are unable to perform, Rum River
Construction Consultants will be used at an hourly rate.
Recommendation:
Staff recommends approval of the Agreement.
Respectfully,
Jon Sevald, AICP
Community Development Director
RESOLUTION 9262
CITY OF MOUNDS VIEW
RAMSEY COUNTY
STATE OF MINNESOTA
AGREEMENT FOR BUILDING OFFICIAL SERVICES
This Agreement for Building Official Services (the “Agreement”) is entered into on this 13th day
April, 2020, by and between the City of Mounds View, a municipal corporation under the laws of
the state of Minnesota (the “Municipality”) and Rum River Ventures, LLC DBA Rum River
Construction Consultants, a limited liability company under the laws of the state of Minnesota (the
“Contractor”).
RECITALS
WHEREAS, the Municipality desires to contract with Contractor to provide professional
services to fulfill the needs of the Municipality’s building inspection services pursuant to Minn.
Stat. §326B.133; and
WHEREAS, Contractor’s employees ha ve substantial experience serving as Building
Officials and providing building department inspection services implementing the State Building
Code and are otherwise qualified to assist the Municipality on an as needed basis for the same; and
WHEREAS, Contractor is engaged in an independent business and will continue to
comply with all federal, state, and local laws regarding business permits and licenses of any kind
that may be required to carry out said business and the tasks as set forth in this Agreement; and
WHEREAS, Contractor is an independent contractor and may be engaged to perform the
same or similar activities for other municipalities during the term of this Agreement, and that
Contractor shall not work solely on behalf of Municipality.
NOW, THEREFORE, for the reasons set forth above, and in consideration of the mutual
promises and covenants made herein, it is agreed as follows:
I. Services. Cont ractor shall provide services to the Municipality on an as requested
basis for the prices set forth on Exhibit A attached hereto (the “Services”). Contractor shall perform
the Services in the capacity of a Certified Building Official, at the direction of t he Chief Building
Official, under Minn. Stat. §326B.133, in accordance with the Minnesota State Building Code, and
all other applicable laws, rules, regulations, and ordinances. Contractor shall be responsible for all
costs related to transportation incurred in the delivery of the Services. Contractor reserves the right
to change the prices and services offered on Exhibit A from time to time, and shall provide the
Municipality 30 days written notice in advance of any such changes. The Municipality agrees that
while performing the Services, Contractor is acting as a public official on the Municipality’s
behalf.
Resolution 9262
Page 2 of 5
II. Term. This Agreement shall commence on the date first written above and shall
continue through the end of calendar year 2020. The parties anticipate executing a separate
agreement for the provision of Services beyond December 31, 2020.
III. Performance. Contractor shall maintain all required licenses and other approvals
issued by the State of Minnesota as a Certified Building Official and by the Minnesota Pollution
Control Agency as a Certified Inspector for on-site septic systems. Contractor shall perform the
Services in a manner consistent with that of a reasonable and prudent Building Official. Contractor
shall maintain an adequate set of records in Municipality property files of all dates, types, and
results of permits as required when inspecting permitted work. If any work is requested outside of
the scope of the services set forth in Exhibit A, such work shall not commence until Contractor
and the Municipality agree to the terms, scope, price, and other details in writing (including via
electronic mail). Such additional work shall still be subject to the terms and conditions of this
Agreement.
IV. Duties and Powers of Building Official. As provided by Minnesota
Administrative rules 1300.0110, the Municipality and Building Official hereby appoint Rum River
Construction Consultants and its employees as Subd. 2. deputies and extend the duties and powers
of the Building Official while providing services for the Municipality. The parties hereto
acknowledge that the Services provided pursuant to this Agreement shall be at the direction of the City
and its Chief Building Official, and that nothing in this Agreement shall entitle Contractor to any minimum
amount of work.
V. Independent Contractor. Contractor shall perform the Services as an independent
contractor and agent of the Municipality, and not as an employee. No withholdings or deductions
shall be made from payments due to the Contractor. Contractor shall not be eligible for benefits,
workers compensation, or unemployment benefits. To the extent allowable by law, Contractor may
subcontract the performance of certain administrative or other duties under the Agreement.
VI. Insurance. During the entire term of this Agreement, Contractor shall maintain the
following insurances and will provide the Municipality of evidence of the same upon request:
(1) Commercial general liability insurance coverage with a policy limit of at least $1,500,000 per
occurrence; (2) Business automobile liability coverage with a total liability limits of at least
$1,500,000; and (3) Workers’ compensation insurance. If Contractor is not required by law to carry
workers’ compensation insurance, in place of proof of workers’ compensation insurance,
Contractor may provide a written statement of exemption specifying the particular provision of
Minn. Stat. § 176.041 that exempts Contractor from having to carry such coverage. If Contractor
is required by law to carry workers’ compensation insurance, Contractor shall, at the time of
execution of this Agreement, furnish evidence satisfactory to the Municipality that Contractor
maintains or is exempt from maintaining insurance coverage pursuant to the terms of this
Agreement.
VII. Amendments. Any alterations, variations, modifications, or changes of any
provisions of this Agreement shall only be valid when they have been reduced to writing and
signed by Municipality and Contractor.
Resolution 9262
Page 3 of 5
VIII. Regulatory Compliance. Contractor shall abide by all federal, state, and local
laws, statutes, ordinances, rules, and regulations now in effect or hereinafter adopted pertaining to
this Agreement or to the facilities, programs, and staff for which Contractor is responsible.
Contractor shall procure, at Contractor’s expense, all permits, licenses, or other rights required for
the provision of the Services. Any violation of federal, state, or local laws, statutes, ordinances,
rules or regulations, as well as loss of any applicable license, permit, or certification by Contractor
shall constitute a material breach of this Agreement, regardless of the reason and whether or not
intentional, and shall entitle Municipality to terminate this Agreement effective as of the date of
such violation, failure, or loss.
IX. Data Practices Compliance. Contractor will have access to data collected or
maintained by the Municipality to the extent necessary to perform Contractor’s obligations under
this Agreement. Contractor agrees to maintain all data obtained from the Municipality in the same
manner as the Municipality is required under the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13. Contractor will not release or disclose the contents of data
classified as not public to any person except at the written direction of the Municipality. Upon
termination of this Agreement, Contractor agrees to return all data pertaining to Municipality
business within 30 days of Agreement termination. If Contractor receives a request for data, it shall
notify the Municipality immediately, and shall respond to such request at the direction of the
Municipality.
X. Termination. Either party may terminate this Agreement, without cause, by
providing written notice to the other party 60 days prior to the termination. In the event of a
material breach by either party, the Agreement may be terminated with 10 days written notice to
the other party. In the event Municipality elects to terminate based upon an alleged material breach
of the Agreement by Contractor, Contractor shall have 10 days (or the least amount of time
reasonably necessary if longer than 10 days) to cure the breach. In the event that the Municipality
provides notice of a termination, the Contractor shall cease all Services under this Agreement,
unless expressly directed by the Municipality to continue. The Municipality shall not be
responsible for reimbursing Contractor for any services which were completed after the notice of
Termination was issued for which the Municipality did not expressly request the Contractor
complete.
XI. Billing and Payment. Invoices shall be submitted periodically (customarily on a
monthly basis) and are due and payable within 30 days of receipt by Municipality. Past due
balances shall accrue interest at a rate of 1.0% per month (or the maximum rate of interest
permitted by law, if less).
XII. Choice of Law and Venue. This Agreement is being executed in and is intended
to be performed in the State of Minnesota and shall be construed and enforced in accordance with
Minnesota law. The parties hereto consent and agree that any legal action arising from or related
to the Agreement shall be venued in Ramsey County District Court, State of Minnesota.
XIII. Severability. The provisions of this Agreement shall be deemed severable. If any
part of this Agreement is rendered void, invalid, or otherwise unenforceable, such rendering shall
not affect the validity and enforceability of the remainder of this Agreement.
Resolution 9262
Page 4 of 5
XIV. Merger. The Parties acknowledge and represent that no promise or representation
not contained in this Agreement has been made to them, and acknowledge and represent that this
Agreement contains the entire understanding between the Parties and contains all terms and
conditions between them.
XV. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original but all of which shall constitute one and the same instrument.
For purposes of this Agreement, the use of facsimile, email, or other electronic medium shall have
the same force and effect as an original signature.
IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement, both in
duplicate, on the day and year first above written.
CITY OF MOUNDS VIEW
By:
Carol A. Mueller, Mayor
By:
Nyle Zikmund, City Administrator
CONTRACTOR
By:
Its:
Resolution 9262
Page 5 of 5
Exhibit A
Services
● Building Inspection Services and Additional Requested Work.
o On call and as needed general building inspection services during normal business
hours will be billed at a rate of $75.00 per hour at the direction of the Chief Building
Official.
o Optional services including Plan Review (whether completed while in the City or
remotely) and SSTS inspections are available at a rate of $75.00 per hour at the
direction of the Chief Building Official.
o Inspections and/or other meetings requested outside of normal business hours, M-
F 8:00 am to 4:30 pm, or agreed upon work schedules, will be billed at a rate of
$97.00 per hour, 1-hour minimum will apply. These terms are specified to address
emergency disaster response and the evaluation of buildings after natural or
manmade disasters.
o Saturday inspections for maintenance permits including residential roofing, siding,
windows and mechanical work will be billed at $75.00 per hour with advance notice
requested.
o Transportation Costs. Contractor shall be solely responsible for all costs incurred
in providing the Services under this Agreement.
The Mounds View Vision
A Thriving Desirable Community
Item No : 05E
Meeting Date April 13, 2020
Type of Business: Council Business
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nyle Zikmund, City Administrator
Item Title/Subject: Resolution 9263, Authorizing Electronic Signatures
Introduction:
The COVID 19 Pandemic has resulted in numerous issues of which allowing electronic
signatures is a small but important one.
Discussion:
Attorney Riggs has provided a resolution many of their cities are using that once a
resolution is adopted, authorizing staff and/or Mayor to sign; an electronic signature is
authorized.
Strategic Plan Strategy/Goal:
NA
Financial Impact:
There is no financial impact
Recommendation:
Adopt Resolution 9263
Respectfully submitted,
Nyle Zikmund
City Administrator
The Mounds View Vision
A Thriving Desirable Community
CITY OF MOUNDS VIEW, MINNESOTA
RESOLUTION NO. 9263
RESOLUTION AUTHORIZING THE USE OF
ELECTRONIC DOCUMENTS AND SIGNATURES
WHEREAS, the President of the United States and the Governor of the State of Minnesota
have declared states of emergency as a result of the spread of COVID-19; and
WHEREAS, the Mayor of the City of Mounds View signed a statement pursuant to
Minnesota Statutes, section 13D.021 directing meetings of the City to be conducted by telephone
or other electronic means; and
WHEREAS, the City is continuing to conduct City business while respecting the social
distancing and group avoidance directives; and
WHEREAS, Minnesota Statutes, sections 47.41-47.42 authorize the use of facsimile
signatures on checks and related financial instruments, and Minnesota Statutes, chapters 325L,
known as the Uniform Electronic Transaction Act (“Act”), authorizes the use of electronic
documents and signatures; and
WHEREAS, the City Council determines that expressly authorizing the use of electronic
documents and electronic signatures to the greatest extent authorized by law is in the City’s best
interests under the current circumstances.
NOW, THEREFORE, BE IT RESOLVED, by the Mounds View City Council as follows:
1. The use of electronic documents and electronic signatures to conduct City business is
authorized to the greatest extent possible under the Act and other applicable laws. The
Mayor and other City officials and staff authorized to sign documents on behalf of the City
may utilize a facsimile signature or electronic signature in accordance with the Act to the
greatest extent possible under law.
2. Any such person authorized to sign City documents may authorize the City officials to
affix their facsimile signature or electronic signature to a document or other instrument,
which shall serve as the authorizing person’s signature and is attributable to that person as
their act. The City Administrator is authorized to establish procedures for the use of
electronic documents and electronic signatures as may be needed to carry out the intent of
this Resolution.
3. Once the emergency is over the City Council may reevaluate and modify or repeal this
authorization as it determines is appropriate.
The Mounds View Vision
A Thriving Desirable Community
Resolution 9263 Page 2
Adopted by the Mounds View City Council this 13th day of April, 2020.
____________________________________
Carol A. Mueller, Mayor
Attest:
__________________________________
Nyle Zikmund, City Administrator
The Mounds View Vision
A Thriving Desirable Community
Item No : 07A
Meeting Date April 13, 2020
Type of Business: Special Guest
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nyle Zikmund, City Administrator
Item Title/Subject: Workers Compensation Fund
Introduction:
The COVID 19 Pandemic has resulted in numerous issues, one of primary concern –
Presumptive Workers Compensation for COVID 19 claims filed by First Responders.
On Tuesday April 7, 2020 the Legislature passed a bill covering police, fire, EMS,
nurses, corrections but does not fund. Below is the correspondence from the Metro
Cities ED, Patty Nauman. LMC sent out an almost identical email.
Discussion:
Good afternoon:
I am writing to provide an update on the worke rs’ compensation legislation for first
responders, House File 4537, and to ask cities for additional contact with your local
legislators on this issue. The House and Senate today passed this legislation, which
provides a presumption for COVID-19 workers’ compensation claims for public health
and safety employees. The bill does not provide a funding source for these costs.
Metro Cities has been working with the League of MN Cities (LMC) to support a
separate state fund to address costs for first responders resulting from the COVID-19
pandemic. The legislation that passed today does not include a funding
mechanism. Cost estimates provided by the LMC indicate a potential for these costs to
be between $100 and $500 million. The LMC has asked that a working group
consisting of labor, business, self-insured entities and local government, be appointed
to address a funding source to address these costs. Metro Cities supports the creation
of a work group.
Please contact your local legislators and the office of Governor Walz, as soon as
possible, to express support for a state fund to address COVID-19 costs for first
responders. The workers compensation system is not equipped to cover the needs of a
pandemic of this scope and a separate funding source to address these costs is crucial
and urgent. State support is necessary to avoid severe financial implications and
instability in the workers’ compensation system.
Attached is a link to a summary of the bill prepared by Senate legislative staff, for your
information: https://www.senate.mn/departments/scr/billsumm/summary_display_from_
db.php?ls=91&id=7303
If you could follow up to let me know if you are able to contact your legislators and the
Governor, that would be greatly appreciated. Please let me know if you have any
questions, or need additional information.
Thank you!
The Mounds View Vision
A Thriving Desirable Community
Sincerely,
Patricia Nauman
Strategic Plan Strategy/Goal:
Implement HR policies to recruit and retain staff and provide growth opportunities by
making salaries competitive and creating an enjoyable working environment.
Financial Impact:
There will be impacts, significant if cities end up bearing the costs wholly.
Recommendation:
Support funding source.
Respectfully submitted,
Nyle Zikmund
City Administrator
The Mounds View Vision
A Thriving Desirable Community
RESOLUTION NO. 9261
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING HR RELATED COVID-19 ISSUES
WHEREAS, the City of Mounds View ; and
WHEREAS, ; and
WHEREAS, .
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Mounds View authorizes effective April ##, 2020.
Adopted this 13th Day of April, 2020.
_______________________________
Carol A. Mueller, Mayor
ATTEST:
_______________________________
Nyle Zikmund, City Administrator
(seal)
Item No: _08A
Meeting Date: Apr 13, 2020
Type of Business: Planning Case CU2020-001
City of Mounds View Staff Report
To: Mounds View Planning Commission
From: Jon Sevald, Community Development Director
Item Title/Subject: PUBLIC HEARING; Resolution 9256 Approval of a
Conditional Use Permit for an Oversized Garage, 8012
Edgewood Dr.
Introduction
The property owner proposes to replace their detached garage with a 28’ X 36’ detached
garage, requiring a Conditional Use Permit.
Discussion
Within the R-1 Single-Family Residential District, each lot may have up to three accessory
buildings, totaling 1,800 sq ft.1 No accessory building may exceed 952 sq ft, unless a
Conditional Use Permit is approved.2 The existing garage is the only accessory building on the
property.
The lot was platted in 1940 and home built in 1942. It is a small house on a large lot (125’ X
294’). The existing garage is 20’ X 20’ (400 sq ft).
The southerly neighbor received a CUP in 2003 for a similar oversized garage (1,344 sq ft).
Analysis
Required Existing Proposed
Garage Area 1,800 sf (max) 400 sf 1,008 sf
East Front Yard Setback 123’ 180’ 180’
North Side Yard Setback 5’ 33’ 33’’
South Side Yard Setback 5’ 75’ 64’
West Rear Yard Setback 5’ 95’ 83’
Height 18’ (max) 16’ 14’-4”
All setback measurements are approximate, based on Ramsey County GIS mapping.
Summary
Sussel Builders, representing the property owner, is requesting a CUP to replace the existing
400 sq ft detached garage with a 1,008 sq ft garage.
1 City Code, Section 1106.03, Subd 1(a)
2 City Code, Section 1106.03, Subd 1(c)
Item 08A
Page 2 of 9
Strategic Plan Strategy/Goal:
Continue BR&E program, maximize utilization of development space and current list of available
sites, encourage land owners to maintain their properties, & consider residential redevelopment.
Financial Impact:
N/A
Planning Commission Recommendation
The scheduled March 18th and April 1st Planning Commission meetings were canceled due to
CORONA Virus concerns. This application has not been reviewed by the Planning Commission.
Staff received an email from a neighbor, Dan Holst (8016 Edgewood Dr), who is supportive of
the CUP.
Staff Recommendation
Staff recommends approval of the Conditional Use Permit.
The City Council is requested to consider the following options:
1. Approve the Conditional Use Permit
2. Deny the Conditional Use Permit, with Findings.
3. Table the request. If additional information is needed before a decision can be rendered or
if more discussion is needed, the City Council can table the request until such information
has been provided. Because of the 60-day requirements (Deadline: May 8, 2020) the City
Council would need to act upon the request as soon as reasonably possible to avoid an
inadvertent approval.
Respectfully submitted,
_____________________
Jon Sevald, AICP
Community Development Director
Attachments
1. Zoning Map
2. Aerial Map
3. Site Plan & Elevation Drawings
4. Site Photos
5. Resolution 9256
Item 08A
Page 3 of 9
Zoning Map
Item 08A
Page 4 of 9
Aerial Map
Item 08A
Page 5 of 9
Site Plan & Elevation Drawings
Item 08A
Page 6 of 9
Site Photos
8012 Edgewood Dr (photo: Mar 11, 2020).
8012 Edgewood Dr, looking SW from NE property corner (house is hidden behind trees at right). Property to the left
received a CUP for an oversized garage in 2003 (photo: Mar 11, 2020).
8012 Edgewood Dr, looking NW from SE property corner. Detached 20' X 20' garage is proposed to be replaced with a 28' X 36'
detached garage (photo Mar 11, 2020).
Item 08A
Page 7 of 9
RESOLUTION 9256
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY
BUILDING EXCEEDING 952 SQUARE FEET IN AREA, LOCATED AT
8012 EDGEWOOD DRIVE
(PLANNING CASE CU2020-001)
WHEREAS, the applicant; Paul Wiik of Sussel Builders, representing property owner; Cory
Milczark, proposes to replace an existing 20’ X 20’ (400 sq ft) detached garage, with a 28’ X 36’ (1,008
sq ft) detached garage on property located at 8012 Edgewood Drive, legally described as:
PID: 05-30-23-32-0045
Lot 36 of Woodlawn Terrace
WHEREAS, Mounds View City Code, Section 1106.03, Subd 1(c) states that no accessory
building in an R-1 District shall exceed 952 sq ft in area, except by Conditional Use Permit; and,
WHEREAS, the property is zoned R-1 Single-Family Residential, and guided Single-Family
Detached in the Comprehensive Plan (2010). The proposed garage is subject to approval of a Conditional
Use Permit; and,
WHEREAS, the Mounds View City Council has reviewed the Staff Report, submitted plans, and
has compared the request to City Code, Section 1125.01, subd 3 (Criteria for Granting Conditional Use
Permits), and in consideration of public comments, makes the following Findings of Fact (italics):
1. The use will not create an excessive bur den on existing parks, schools, streets and other
public facilities and utilities which serve or are proposed to serve the area.
Findings: The proposed garage will not increase the burden on existing parks, schools,
streets or other public facilities.
2. The use will be sufficiently compatible or separated by distance or screening from adjacent
residentially zoned or used land so that existing homes will not be depreciated in value and
there will be no deterrence to development of vacant land.
Findings: The proposed garage will comply with all zoning requirements, with approval of
a Conditional Use Permit.
3. The structure and site shall have an appearance that will not have an adverse effect upon
adjacent residential properties.
Item 08A
Page 8 of 9
Findings: The proposed garage is similar in character to the neighbor’s to the south; 7988
Edgewood Dr, which received a similar CUP for a 1,344 sq ft garage in 2003
(Resolution 6016).
4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the
City and to the existing land use.
Findings: The proposed garage is a reasonable request.
5. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning
district in which the applicant intends to locate the proposed use.
Findings: The proposed garage will comply with all zoning requirements, with approval of
a Conditional Use Permit.
6. The use is not in conflict with the Comprehensive Plan of the City.
Findings: Oversized garages are not specifically addressed within the Comprehensive Plan
(2010). The proposed garage relates to the following:
General Land Use
Goal 1: Maintain a cohesive land use pattern that ensures compatibility
and functional relationships between activities and uses.
Residential
Goal 3: Encourage a creative approach to the use of land and related
residential development.
7. The use will not cause traffic hazards or congestion.
Findings: The proposed garage will create no additional traffic.
8. Adequate utilities, access roads, drainage and necessary facilities have been or will be
provided.
Findings: The proposed garage will not impact utilities, roads, or drainage.
WHEREAS, the scheduled March 18, 2020 Mounds View Planning Commission was canceled
due to a Declaration of Peacetime Emergency, related to the COVID 19 Virus. The Planning
Commission did not review the application, nor provid a recommendation; and,
WHEARAS, the Mounds View City Council held a Public Hearing on Monday, April 13, 2020.
A Public Hearing notice was published in the Shoreview Press on March 17, 2020, and mailed to property
owners within 350’ of the subject property; and,
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council approves a
Conditional Use Permit for an Accessory Building exceeding 952 sq ft in area, subject to the following
conditions:
Item 08A
Page 9 of 9
1. The applicant shall obtain a Building Permit for the garage within one year of the date of approval of
this Conditional Use Permit, or this approval shall become void, consistent with City Code, Section
1125.01, Subd 3(f).
2. The garage shall be similar in appearance (exterior material, color, and roof pitch) to that of the
existing house.
Adopted this 13th Day of April, 2020
Carol A. Mueller
ATTEST:
(SEAL) Nyle Zikmund, City Administrator
The Mounds View Vision
A Thriving Desirable Community
Item No : 08B
Meeting Date April 13, 2020
Type of Business: Council Business
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nyle Zikmund, City Administrator
Item Title/Subject: Resolution 9261, HR Related COVID 19 Issues
Introduction:
The COVID 19 Pandemic has resulted in numerous State and Federal Executive Orders
detailing a number of issues including workplace related issues. All have a specific
focus on limiting the infection rate while minimizing the economic impact to individuals
and our nation.
Discussion:
The challenge is striking the balance between delivering public services, which include:
water, sewer, police, fire, and streets. These services are the very core needed for
society to function as desired. Thus, as a local unit of government – we are at the very
base of the foundation and it is essential our services continue.
We have successfully transitioned all employees who are able to work from home, to
their work from home environment. However, Police and Public Works, other than
some administration, simply cannot work from home and fulfill their job duties.
Specific to PD:
1. Both Investigators and the Evidence Technician are/can be working from home
to the degree possible.
2. To the degree possible, the Chief and Deputy are staggering hours.
Questions arise when the following happen:
1. A family member of one of our Patrol Officers becomes ill. Do we then ask that
officer not to come into work for two weeks? If we do that, are obligated to pay
them?
2. If they come into work, and infect others who then are out sick – is that duty
related and do we pay those employees?
3. If an officer becomes ill and we know they had close contact (medical/domestic)
– is that duty related and thus, do we pay them versus them using sick leave?
4. If an officer has direct contact with an ill patient as part of a medical call , do we
ask the officer to self-quarantine for five days and pay them for their assigned
work shifts they would miss?
5. If the family loses child care and the parents have to stay home, can they use
sick leave, vacation or go on FMLA?
Specific to Public Works:
1. The Administrative Assistant, GIS Technician and Engineering Technician
are working from home.
2. To the degree possible, the Public Works and Superintendent stagger hours
Questions arise when the following happen
The Mounds View Vision
A Thriving Desirable Community
1. A family member of one of our PW employees becomes ill, do we ask them to
not report to work for two weeks? If we do that, are we obligated to pay
them?
2. If they come to work and infect others who then are out sick, is that work
related and do we pay them?
3. If a family loses child care and the parents have to stay home, can they use
vacation, sick leave or go on FMLA?
Options:
1. Allow sick leave negative balances to accumulate up to 80 or 120 hours.
a. Future consideration to forgive some or all leave time related to COVID-19
absences.
2. Split our PW crew so only half are working at any time, thus minimizing social
interaction. However, absent daylight and weather, there is a limit of available
work.
3. First Responders will be eligible for Emergency Paid Sick Leave under
categories 2, 3, 4, and 6 of the Family First Coronavirus Response Act (FFCRA).
4. First Responders will also be eligible for Emergency Paid Sick Leave when they
meet the criteria for category 5, but only if they are unable to find a childcare
provider through the opportunities available from the State of Minnesota under
Executive Orders 20-02 and 20-20.
Strategic Plan Strategy/Goal:
Implement HR policies to recruit and retain staff and provide growth opportunities by
making salaries competitive and creating an enjoyable working environment.
Financial Impact:
There will be impacts ranging from medical costs, additional personal protective
equipment, and overtime.
Recommendation:
Staff recommends the Council adopt Resolution 9261 with Options 1, 2, 3 and 4
Also, Staff recommends Council be prepared for a discussion later this year on
increasing vacation carryover as PW and PD have cancelled and/or restricted vacations
and general population mobility remains suppressed.
Respectfully submitted,
Nyle Zikmund
City Administrator
The Mounds View Vision
A Thriving Desirable Community
RESOLUTION NO. 9261
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING HR RELATED COVID-19 ISSUES
WHEREAS, the City of Mounds View values their employees as a critical and
essential to operations, and;
WHEREAS, the COVID 19 Pandemic has impacted our staff significantly,
especially the Police and Public Works Department, and;
WHEREAS, to ensure continuity of services along with balancing safeguards for
our employees, the City recognizes accommodations are needed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Mounds View approves the following:
1. Allow sick leave negative balances to accumulate up to 80 or 120 hours.
a. Future consideration to forgive some or all leave time related to COVID-19
absences. NOTE – PD contract provide them 30 hours negative balance.
2. For Police Personnel only – If sick, stay at home for 5 days of which at least two
and depending on schedule, three will be with compensated as we do not want
them to report to work. The other two or three days will be their normal days off.
3. Split our PW crew so only half are working at any time, thus minimizing social
interaction. However, absent daylight and weather, there is a limit of available
work resulting in employees working from home – doing online
training/professional development.
4. First Responders will be eligible for Emergency Paid Sick Leave under
categories 2, 3, 4, and 6 of the Family First Coronavirus Response Act (FFCRA).
5. First Responders will also be eligible for Emergency Paid Sick Leave when they
meet the criteria for category 5, but only if they are unable to find a childcare
provider through the opportunities available from the State of Minnesota under
Executive Orders 20-02 and 20-20.
The Mounds View Vision
A Thriving Desirable Community
Resolution 9261 Page 3
Adopted this 13th Day of April, 2020.
_______________________________
Carol A. Mueller, Mayor
ATTEST:
_______________________________
Nyle Zikmund, City Administrator
(seal)
□
□
Form to Request FMLA for
COVID-19
Starting on April 1, 2020, if you are unable to work because of the COVID-19 pandemic, you
may be eligible for a partially paid leave of absence through the Family and Medical Leave Act,
under recent federal legislation. If eligible, you may take up to 12 weeks of leave for limited
reasons described in the new federal legislation. The first ten (10) days of emergency FMLA
leave is unpaid, but you may elect to substitute accrued vacation, comp, flex time, and or sick
leave under this section to receive pay. The remaining ten weeks are paid at 2/3 your average
rate of pay, capped at $200 per day.
To be eligible for this FMLA leave, you must:
Have worked for the City for at least 30 days; and
Be unable to work because you are caring for your minor child since your child’s school or
daycare closed or your childcare is unavailable due to COVID-19.
Please note that Human Resources may ask for documentation confirming your eligibility
for this leave.
Request Leave to Begin Date:
Anticipate Returning to Work Date:
Employee’s Name (Printed):
Employee’s Signature:
□
□
□
□
□
□
Form to Request Federal Paid
Sick Leave for COVID-19
Starting on April 1, 2020, if you are unable to work because of the COVID-19 pandemic, you may
be eligible for paid sick leave under new federal legislation. Your leave will be paid at your
regular rate of pay, capped at $511 per day, if you need leave for reasons 1-3 below. Your leave
will be paid at 2/3 your regular rate of pay, capped at $200 per day, if you need leave for
reasons 4-6 below. Full-time employees may take up to 80 hours of paid sick leave for a
qualifying reason. Part-time employees may take the number of hours they typically work in an
average two-week period. To request paid COVID-19 sick leave, please check the box below that
describes the reason you are not able to work:
You are subject to a federal, state, or local quarantine or isolation order related to
COVID-19, including but not limited to a “shelter in place” order.
You have been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
You are experiencing symptoms of COVID-19 and you are seeking a medical diagnosis.
You are caring for an individual (including but not limited to a family member or member of your household) who
1) is subject to a federal, state, or local quarantine or isolation order related to
COVID-19, such as a “shelter in place” order; or
2) has been advised by a health care provider to self-quarantine due
to concerns related to COVID-19.
You are caring for your minor child because your child’s school or daycare closed or your childcare is unavailable because of COVID-19.
You are experiencing a substantially similar condition, as specified by the U.S. Departments of Health and Human Services, Labor, and Treasury.
Please note that Human Resources may ask for documentation at any point to confirm your
eligibility for this leave. If you are unable to work but do not qualify for one of the six
reasons above, contact Human Resources to discuss other options for leave.
Request Leave to Begin Date:
Anticipate Returning to Work Date:
Employee’s Name (Printed):
Employee’s Signature:
Item No: 8C
Meeting Date: April 13, 2020
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Don Peterson, Public Works Director
Item Title/Subject: Resolution 9264, Approving the Proposal from KLM
Engineering for Roof Repairs on the Ground Reservoir
Background/Discussion:
The Public Works Department has many responsibilities and one is to efficiently operate
the water distribution system. The 2,000,000 gallon (2MG) reinforced-concrete ground
reservoir was constructed in 1968 and works in conjunction with the booster station.
In 2014, the City Council approved repairs to the ground reservoir (Res 8218) that
included interior structural repairs, interior steel coatings, exterior structural repairs, and
coating of the exterior roof and flashing. (Warranty for repairs has expired.)
Staff recently had the ground reservoir inspected by KLM Engineering and upon
completion of this inspection; repairs to the roof are required. Staff had KLM reach out
to contractors in order to receive proposals for the needed repairs; one proposal was
received from Champion Coatings of Prior Lake, MN.
Champion Coatings of Prior Lake was the contractor who worked on the ground
reservoir in 2014, and is familiar with the site and reservoir. The scope of the repair
work will include the following:
• Remove the existing coating by grinding 4-inches, including feathering the existing
coating to sound material, on both sides (minimum of 8-inches wide) of expansion and
construction joints, as directed by the engineer. The total footage requiring repair is
approximately 522-lineal feet.
• On all joint repair areas, apply 6-inch wide bond breaker tape per manufacturer’s
instructions, similar to those provided by Sherwin Williams.
• On areas of cracked coating, not affiliated with joint repairs, remove coating back to
tightly adhered coating and feather edges.
• Apply, color-matched, Sherwin Williams Envirolastic AR530 to the all repaired areas at
a thickness of 60 mils to match existing coating.
• Prior to tape or coating application, surfaces shall be clean and dry per coating
manufacturer’s recommendation
Total cost of the repair work submitted by Champion Coatings is $25,035.00; also KLM
submitted a proposal for (4) inspection services, to be performed during the
construction, for a cost of $4,869.00.
Strategic Plan Strategy/Goal: Maintain and Plan for Infrastructure Improvements.
Ensure Clean Water and Maintenance.
The Mounds View Vision
A Thriving Desirable Community
Staff Report page 2
Financial Impact: No financial Impact to the 2020 Budget. The 2020 Water Fund
budgeted estimate of $3,159,104.00 for Water Treatment Plant and Engineering Design,
700-4823-7050.
Recommendation:
Staff recommends the City Council approve and accept the proposal from KLM
Engineering for the roof repairs to the ground reservoir for a total of $29,904.00. Repairs
will be completed by Champion Coatings of Prior Lake, MN for $25,035.00 and
engineering inspection services will be provided by KLM Engineering at a cost of
$4,869.00. Staff also recommends the Council approve a contingency of 7% or $2,093.00
for any unforeseen issues that may arise during the repair work.
Respectfully submitted,
Don Peterson
Public Works Director
The Mounds View Vision
A Thriving Desirable Community
RESOLUTION 9264
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE PROPOSAL FROM KLM ENGINEERING FOR ROOF REPAIRS ON
THE GROUND RESERVOIR
WHEREAS, the City has the responsibility to efficiently operate the water
distribution system; and
WHEREAS, In 2014 the City Council approved repairs to the ground reservoir
(Res 8218) that included interior structural repairs, interior steel coatings, exterior
structural repairs, and coating of the exterior roof and flashing; and
WHEREAS, Staff recently had the ground reservoir inspected by KLM Engineering
and upon completion of this inspection; repairs to the roof are required; and
WHEREAS, Staff had KLM Engineering reach out to contractors in order to
receive proposals for the needed repairs; one proposal was received from Champion
Coatings of Prior Lake, MN.
WHEREAS, The Scope of the repair work will include the following:
• Remove the existing coating by grinding 4-inches, including feathering the existing
coating to sound material, on both sides (minimum of 8-inches wide) of expansion and
construction joints, as directed by the engineer. The total footage requiring repair is
approximately 522-lineal feet.
• On all joint repair areas, apply 6-inch wide bond breaker tape per manufacturer’s
instructions, similar to those provided by Sherwin Williams.
• On areas of cracked coating, not affiliated with joint repairs, remove coating back to
tightly adhered coating and feather edges.
• Apply, color-matched, Sherwin Williams Envirolastic AR530 to the all repaired areas at
a thickness of 60 mils to match existing coating.
• Prior to tape or coating application, surfaces shall be clean and dry per coating
manufacturer’s recommendation
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
1. Approves the proposal from KLM Engineering for roof repairs to the ground
reservoir at a cost of $29,904.00.
2. Council approves a contingency of 7% or $2,093.00 for any unforeseen issues
that may arise during the repair work. For a total project cost not to exceed of
$31,997.00.
The Mounds View Vision
A Thriving Desirable Community
Resolution 9264 Continued
3. Funded from the Water Department 2020 adopted budget account 700-4823-
7050.
4. The Mayor and City Administrator are hereby authorized and directed to
execute all appropriate documents to effectuate the actions contemplated by
this resolution.
5. The Mayor and City Administrator, Staff and consultants are hereby
authorized and directed to take any and all additional steps and actions
necessary or convenient in order to accomplish the intent of this Resolution.
Adopted this 13th day of April, 2020
____________________________________
Carol A Mueller, Mayor
ATTEST: __
Nyle Zikmund, City Administrator
Seal:
The Mounds View Vision
A Thriving Desirable Community
The Mounds View Vision
A Thriving Desirable Community
Item No : 09B2b
Meeting Date April 13, 2020
Type of Business: Staff Report
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nyle Zikmund, City Administrator
Item Title/Subject: Creative Kids Property Tax Relief Question
Introduction:
The COVID 19 Pandemic has resulted in numerous issues. Creative Kids is asking for
property tax relief. An email sent April 7, 2020 is below
Discussion:
Hello Nyle,
Thank you for your response and respect the city’s decision. However, we have not
seen a single penny from any grants or federal relief as of yet. Our revenues continue
to drop over 80% During this decline. We have not laid off any of our staff but have
reduced some hours knowing their livelihood depends on their jobs. We have
remained open while numerous childcare centers has closed during this time to ensure
our community has childcare services. We do not expect things to get back to normal
until end of the summer as most of the families may keep their children at home until the
summer is over.
We will continue to make our monthly rent payments and are not asking for any rent
concessions at this time since the city done not consider this to be an option. We
simply ask that the city pay our assessed property tax for the first half of the year as
they are due next month.
Our other business in Mounds View, Woodlawn Terrace Apartments, also has taken a
financial hit as expected. We are not asking the city for any concessions there. We did
give most of the tenants some rent concessions for April and will work with families on a
case by case basis.
We stay committed to the city and it’s citizens and are hopeful things will get better.
Thanks for your consideration.
Rajiv
Thanks
Rajiv Garg
President of Creative Kids Academy
Rgarg@me.com
The Mounds View Vision
A Thriving Desirable Community
Strategic Plan Strategy/Goal:
NA
Financial Impact:
$5,624
Recommendation:
Discuss and provide staff direction.
Respectfully submitted,
Nyle Zikmund
City Administrator
The Mounds View Vision
A Thriving Desirable Community
CITY OF MOUNDS VIEW, MINNESOTA
RESOLUTION NO. 9263
RESOLUTION AUTHORIZING THE USE OF
ELECTRONIC DOCUMENTS AND SIGNATURES
WHEREAS, the President of the United States and the Governor of the State of Minnesota
have declared states of emergency as a result of the spread of COVID-19; and
WHEREAS, the Mayor of the City of Mounds View signed a statement pursuant to
Minnesota Statutes, section 13D.021 directing meetings of the City to be conducted by telephone
or other electronic means; and
WHEREAS, the City is continuing to conduct City business while respecting the social
distancing and group avoidance directives; and
WHEREAS, Minnesota Statutes, sections 47.41-47.42 authorize the use of facsimile
signatures on checks and related financial instruments, and Minnesota Statutes, chapters 325L,
known as the Uniform Electronic Transaction Act (“Act”), authorizes the use of electronic
documents and signatures; and
WHEREAS, the City Council determines that expressly authorizing the use of electronic
documents and electronic signatures to the greatest extent authorized by law is in the City’s best
interests under the current circumstances.
NOW, THEREFORE, BE IT RESOLVED, by the Mounds View City Council as follows:
1. The use of electronic documents and electronic signatures to conduct City business is
authorized to the greatest extent possible under the Act and other applicable laws. The
Mayor and other City officials and staff authorized to sign documents on behalf o f the City
may utilize a facsimile signature or electronic signature in accordance with the Act to the
greatest extent possible under law.
2. Any such person authorized to sign City documents may authorize the City officials to
affix their facsimile signature or electronic signature to a document or other instrument,
which shall serve as the authorizing person’s signature and is attributable to that person as
their act. The City Administrator is authorized to establish procedures for the use of
electronic documents and electronic signatures as may be needed to carry out the intent of
this Resolution.
3. Once the emergency is over the City Council may reevaluate and modify or repeal this
authorization as it determines is appropriate.
The Mounds View Vision
A Thriving Desirable Community
Resolution 9263 Page 2
Adopted by the Mounds View City Council this 13th day of April, 2020.
____________________________________
Carol A. Mueller, Mayor
Attest:
__________________________________
Nyle Zikmund, City Administrator