City Council

1.0 Please Note: Council will meet in a Budget Work Session beginning at 5:30 p.m. in Council Chambers, City Administration Building, 540 West Hills Circle to review the Preliminary 2019 Budget of the Public Works Department. OWATONNA CITY COUNCIL MEETING AGENDA TUESDAY, September 18, 2018 7:00 p.m. COUNCIL CHAMBERS – CITY ADMINISTRATION BUILDING ROLL CALL ORDER – Council Members Voss, Okerberg Dotson, Burbank, Raney, Svenby and Schultz 1. INTRODUCTORY ACTIONS: 1.1 Call to Order – Roll Call and Pledge of Allegiance. 1.2 Approval of Agenda. 1.3 Public Hearing – Revenue Obligation Bonds by the Capital Trust Agency. 1.3.1 Resolution 79-18 – Issue Revenue Obligation Bonds – Capital Trust Agency. 1.4 Mayor. 1.4.1 Proclamation – Manufacturing Week 2018. 2. CONSENT AGENDA: 2.1 Council Minutes: Council Meeting – September 4, 2018. 2.2 Licenses and Permits: 2.2.1 Event Permit – CulturFest Parade - September 22, 2018. 2.2.2 Event Permit – CulturFest Amazing Race - September 22, 2018. 2.2.3 Event Permit – For a Day 5k – October 6, 2018. 2.2.4 Event Permit – Brand Bash – Big Brothers Big Sisters – October 1, 2018. 2.3 Board & Commission Minutes/Reports: 2.3.1 Minutes – Human Rights Commission Meeting – August 14, 2018. 2.4 Department Reports: 2.4.1 Weed/Nuisance Complaint Inspection Report – September 13, 2018. 2.4.2 Crime Date Report – August 2018. 2.4.3 Building & Inspection Monthly Report – August 2018. 2.5 Lease Miscellaneous: Lease Renewal – Little Theater of Owatonna. 3. ACTION ITEMS: 3.1 Finance Report. 3.2 Resolutions: 3.2.1 Resolution 76-18 Proposed 2019 Levy. 3.2.2 Resolution 77-18 Proposed 2019 HRA Levy. 3.2.3 Resolution 78-18 Proposed 2019 Budget. 3.2.4 Resolution 80-18 Preliminary Plat – Owatonna Motor Company Addition. 3.2.5 Resolution 81-18 Declare Cost to be Assessed – 2018 Mowing of Weeds, Grasses and Other Harmful Vegetation. 3.2.6 Resolution 82-18 Set Date for Public Hearing – 2018 Mowing of Weeds, Grasses and Other Harmful Vegetation. 3.2.7 Resolution 83-18 Premise Permit Lawful Gambling Activity – Owatonna Wrestling Association. 3.3 Miscellaneous: Authorization to Purchase Property – 131 Lincoln Avenue. 4. STAFF UPDATES 5. PUBLIC COMMENTS. [Please limit comments - 2 minutes and items not on the agenda.] 6. COMMITTEE REPORTS, COUNCIL COMMENT AND GENERAL INFORMATION. 7. ADJOURN  1.3 JULIE A. EDDINGTON Attorney at Law Direct Dial (612) 337-9213 Email: jeddington@kennedy-graven.com Kris Busse, City Administrator City of Owatonna 540 West Hills Circle Owatonna, MN 55060 Re: Resolution to grant host approval for facilities to be financed with the proceeds of revenue obligations to be issued by the Capital Trust Agency Dear Kris, American Eagle Delaware Holding Company LLC, a Delaware limited liability company (the “Borrower”), and/or one or more related and/or affiliated entities, has proposed to finance or refinance, including through reimbursement, the acquisition, construction, renovation, installation and equipping of various senior living facilities (the “Senior Living Facilities”) to provide independent living, assisted living and memory care facilities for the elderly. The Senior Living Facilities include a senior living community located in the City of Owatonna (the “City”) known as Brookdale Owatonna, at 334 and 364 Cedardale Drive SE in the City (the “Owatonna Project”), including land, buildings and equipment, consisting of approximately 43 assisted living or memory care units (including approximately 46 beds), with 334 Cedardale Drive to be acquired by American Eagle Owatonna AL LLC and 364 Cedardale Drive to be acquired by American Eagle Owatonna MC LLC, each a Minnesota limited liability company whose sole member is the Borrower. To do this, the Borrower has proposed that the Capital Trust Agency, a legal entity duly created and a public agency duly organized and existing under the laws of the State of Florida (the “Issuer”), issue revenue obligations (the “Bonds”) in the approximate aggregate principal amount of $275,000,000 and loan the proceeds thereof to the Borrower to finance, among other things, the Owatonna Project. In order for the Issuer to issue the Bonds to finance a facility located in the City, the City must grant “host approval” to the issuance of the Bonds, following a duly noticed public hearing, under the Internal Revenue Code of 1986, as amended (the “Code”). Enclosed is a resolution for consideration by the City Council on August 21, 2018, which calls for a public hearing to be conducted by the City Council of the City on September 18, 2018 for purposes of granting host approval to the issuance of the Bonds by the Issuer. If the City Council authorizes the Issuer to issue the Bonds, the Bonds will be issued as conduit revenue bonds of the Issuer secured solely by the revenues derived from the loan or other revenue agreements executed by the Borrower and from other security provided by the Borrower. The Bonds will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City and will not be secured by any taxing power of the City. The Bonds will not be subject to any debt limitation imposed on the City and the issuance of the Bonds will not have any adverse impact on the credit rating of the City, even in the event that the Borrower encounters financial difficulties with respect to the Owatonna Project and the other Senior Living Facilities to be financed and refinanced. The issuance of the 534281v1 JAE WA380-55  1.3.1 RESOLUTION NO. 79-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWATONNA, MINNESOTA, APPROVING, SOLELY FOR THE PURPOSES OF SECTION 147(F) OF THE INTERNAL REVENUE CODE, THE ISSUANCE BY THE CAPITAL TRUST AGENCY OF ITS SENIOR LIVING REVENUE BONDS (AMERICAN EAGLE PORTFOLIO PROJECT), SERIES 2018, FOR THE PURPOSE OF FINANCING THE SENIOR LIVING FACILITIES HEREIN DESCRIBED, ONE OF WHICH IS LOCATED IN THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council (the "City Council") of the City of Owatonna (the "City"), Minnesota (the "State"), has been informed that the Capital Trust Agency (the "Issuer") proposes to issue a principal amount not exceeding $275,000,000 of its Senior Living Revenue Bonds (American Eagle Portfolio Project), Series 2018, in one or more tax-exempt or taxable series (the "Bonds"), the proceeds of which will be loaned to American Eagle Delaware Holding Company LLC, a Delaware limited liability company (the “Borrower”), and/or one or more related and/or affiliated entities (collectively, the "Obligated Group"), for the purpose of financing or refinancing, including through reimbursement, (i) the acquisition, construction, renovation, installation and equipping of the Senior Living Facilities (as hereinafter defined) to provide independent living, assisted living and memory care facilities for the elderly, (ii) the funding of an operating and maintenance fund to finance certain capital expenditures and start-up costs related to the Senior Living Facilities, (iii) the funding of one or more debt service reserve funds for the Bonds, and (iv) the payment of certain costs of issuing the Bonds (collectively, the "Project"); and WHEREAS, the Senior Living Facilities consist of approximately seventeen independent living, assisted living and memory care facilities located in the States of Alabama, Colorado, Florida, Minnesota, Ohio, Tennessee, Texas and Wisconsin (collectively, the "Senior Living Facilities"), one of which is located in Owatonna, Steele County, Minnesota (the "Owatonna Project"); and WHEREAS, the Owatonna Project is a senior living community in the City of Owatonna, known as Brookdale Owatonna, located on approximately 2.84 acres at 334 and 364 Cederdale Drive Southeast, Owatonna, Steele County, Minnesota, including land, buildings and equipment, consisting of approximately 43 assisted living or memory care units (including approximately 46 beds) to be acquired by American Eagle Owatonna LLC, a Minnesota limited liability company whose sole member is the Borrower, with proceeds of the Bonds not to exceed $7,310,000; and WHEREAS, the Borrower and the Issuer have requested the City Council approve the issuance of the Bonds for purposes of Section 147(f) of the Code; and 1 4829-8421-0030.2  WHEREAS, the Bonds, when issued by the Issuer, will be special, limited obligations of the Issuer payable solely from the proceeds to be derived from the repayment of the related loan to the Borrower or from the security pledged therefor by the Obligated Group, and the City will not be obligated to pay the Bonds or have any obligation or liability pecuniary or otherwise in any respect whatsoever with respect to the Bonds or the Owatonna Project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Owatonna, Minnesota: SECTION 1. Public Hearing. Pursuant to the Notice published in the Owatonna Peoples’s Press, a newspaper of general circulation in the City, not less than fourteen (14) days prior to the date hereof, a public hearing was held before the City Council, as required by Section 147(f) of the Code on the date hereof. A proof of publication of such Notice and minutes of such public hearing will be kept on file with the City Clerk (the "Clerk"), and are hereby incorporated herein by reference. SECTION 2. Approval for Purposes of Section 147(f) of the Code. Solely for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the City Council hereby approves the issuance of the Bonds by the Issuer in an aggregate principal amount not exceeding $275,000,000. SECTION 3. Payment of Fees and Costs by Borrower. The fees and expenses of the City shall be paid by the Borrower at or prior to issuance of the Bonds. SECTION 4. No Liability or Endorsement. The City shall have no obligation with respect to the Bonds, and the approval given herein by the City Council shall not be deemed or construed to create any obligation or liability, pecuniary or otherwise, of the City, in connection with either the Bonds or the Project in any respect whatsoever and the Issuer shall so provide in the documents related to the issuance of the Bonds. The general credit or taxing power of the City and the State or any political subdivision or public agency thereof shall not be pledged to the payment of the Bonds. No statement, representation or recital made herein shall be deemed to constitute a legal conclusion or a determination by the City that any particular action or proposed action is required, authorized or permitted under the laws of the State or the United States. No recourse under or upon any obligation, covenant or agreement of this Resolution or the Bonds or any agreement executed in connection with the Bonds, or for any claim based thereon or otherwise in respect thereof, shall be had against any member of the City Council, the Mayor, the City Administrator, the Clerk or the City Attorney or any other staff or professionals retained by the City in connection with the issuance of the Bonds, as such, past, present or future, either directly or through the City, it being expressly understood (a) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the members of the City Council, the Mayor, the City Administrator, the Clerk or the City Attorney or any other 2 4829-8421-0030.2  staff or professionals retained by the City in connection with the issuance of the Bonds, as such, under or by reason of the obligations, covenants or agreements contained in this Resolution or implied therefrom, and (b) that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such member of the City Council, the Mayor, the City Administrator, the Clerk or the City Attorney or any other staff or professionals retained by the City in connection with the issuance of the Bonds, as such, are waived and released as a condition of, and as a consideration for, the execution of this Resolution on the part of the City. SECTION 5. Limited Scope of Approval. The approval given herein shall not be construed as: (i) an endorsement of the creditworthiness of the Borrower or the financial viability of the Project, (ii) a recommendation to any prospective purchaser to purchase the Bonds, (iii) an evaluation of the likelihood of the repayment of the debt service on the Bonds, or (iv) approval of any necessary rezoning applications or approval or acquiescence to the alteration of existing zoning or land use nor approval for any other regulatory permits relating to the Owatonna Project, and the City Council shall not be construed by reason of its adoption of this Resolution to make any endorsement, finding or recommendation or to have waived any right of the City Council or to have estopped the City Council from asserting any rights or responsibilities it may have in such regard. SECTION 6. Indemnification. The receipt of the Indemnification Certificate and Agreement of the Borrower and the bond underwriter, forms of which are attached hereto as Exhibit A and Exhibit B, respectively, and incorporated hereby by reference, are a material inducement to the City in granting the approvals set forth herein. [Remainder of Page Intentionally Left Blank] 3 4829-8421-0030.2  SECTION 6. Effective Date. This Resolution shall take effect immediately upon its adoption. Passed and adopted this day of , 2018, with the following vote: Aye ; No ; Absent . Approved and signed this day of , 2018. (Official Seal) Thomas A. Kuntz, Mayor ATTEST: Kris M. Busse, City Administrator/City Clerk Exhibit A: Form of Borrower’s Certificate and Indemnification Agreement Exhibit B: Form of Underwriter’s Certificate and Indemnification Agreement 4 4829-8421-0030.2  EXHIBIT A FORM OF BORROWER’S CERTIFICATE AND INDEMNIFICATION AGREEMENT [_____________], 2018 The undersigned hereby certifies that he or she is authorized to execute and deliver this Indemnification Certificate of the Borrower and further represents, on behalf of American Eagle Delaware Holding Company LLC, a Delaware limited liability company (the “Borrower”), and/or one or more related and/or affiliated entities (collectively, the "Obligated Group"), the following (capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in Resolution No. 79-18 adopted by the City Council (the "City Council") of the City of Owatonna, Minnesota (the "City") on September 18, 2018 (the "City Resolution") approving the issuance of the hereinafter defined Bonds: (1) At the request of the Borrower, the Capital Trust Agency (the "Issuer") proposes to issue a principal amount not exceeding $275,000,000 of its Senior Living Revenue Bonds (American Eagle Portfolio Project), Series 2018 (the "Bonds"), the proceeds of which will be loaned to the Borrower for the purpose of financing or refinancing, including through reimbursement, (i) the acquisition, construction, renovation, installation and equipping of the Senior Living Facilities (as defined in the City Resolution) to provide independent living, assisted living and memory care facilities for the elderly, (ii) the funding of an operating and maintenance fund to finance certain capital expenditures and start-up costs related to the Senior Living Facilities, (iii) the funding of one or more debt service reserve funds for the Bonds, and (iv) the payment of certain costs of issuing the Bonds (collectively, the "Project"); (2) The Senior Living Facilities consist of seventeen independent living, assisted living and memory care facilities located throughout the State of Florida (the "State"), one of which is located in Owatonna, Steele County, Minnesota (the "Owatonna Project"). The Owatonna Project is a senior living community in the City, known as Brookdale Owatonna, located on approximately 2.84 acres at 334 and 364 Cederdale Drive Southeast, Owatonna, Steele County, Minnesota, including land, buildings and equipment, consisting of approximately 43 assisted living or memory care units (including approximately 46 beds) to be acquired by American Eagle Owatonna, LLC to be financed or refinanced from the proceeds of the Bonds in an amount not exceeding $7,310,000; A-1 4829-8421-0030.2  (3) The issuance of the Bonds to finance the Project: (i) is appropriate to the needs and circumstances of, and will make a significant contribution to, the economic growth of the City, (ii) will provide or preserve gainful employment, (iii) will promote commerce within the State, (iv) will provide safe, decent and accessible housing for the elderly, and (iv) will serve a public purpose by advancing the economic prosperity, public health, and the general welfare of the State and its people by providing for an assisted living facility within the meaning of Chapter 159, Part II, Florida Statutes, as amended; (4) The City will continue to be able to cope satisfactorily with the impact of the Owatonna Project and will be able to provide, or cause to be provided when needed, the public facilities, including utilities and public services, that will be necessary for the operation, repair, and maintenance of the Owatonna Project and on account of any increases in population or other circumstances resulting therefrom; (5) In order to finance the costs of the Project from the proceeds of the Bonds on a tax-exempt basis, it is necessary to hold a public hearing and approve the issuance of the Bonds for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code”); (6) The Borrower has requested the City Council to hold such public hearing and approve the issuance of the Bonds for purposes of Section 147(f) of the Code; and (7) The City desires indemnification from the Borrower as a material inducement to the City Council holding such hearing and granting the foregoing approval. NOW THEREFORE, THE UNDERSIGNED, ON BEHALF OF THE BORROWER, DOES HEREBY: Agree to defend the City and its officials, employees, attorneys and agents and the members of the City Council, and hold the City and its officials, employees, attorneys and agents and the members of the City Council, harmless against any and all claims, losses, liabilities or damages to property or any injury or death of any person or persons occurring in connection with the issuance of the Bonds or the acquisition or operation of the Owatonna Project by or on behalf of the Borrower, including in the case of any and all negligence of such indemnitee, or in any way growing out of or resulting from the Owatonna Project or from the issuance, sale or delivery of the Bonds, including, but not limited to, liabilities or costs arising under the Code, the Securities Act of 1933, the Securities Exchange Act of 1934 or any applicable securities law of the State, including, without limitation, all costs and expenses of the City, including reasonable attorneys' fees, incurred in connection therewith. A-2 4829-8421-0030.2  IN WITNESS WHEREOF, the Borrower has executed this Indemnification Certificate of the Borrower this ______ day of September, 2018. AMERICAN EAGLE DELAWARE HOLDING COMPANY LLC, a Delaware limited liability company By: Name: Title: [Signature Page | Borrower’s Certificate and Indemnification Agreement – AE Owatonna] A-3 4829-8421-0030.2  EXHIBIT B FORM OF UNDERWRITER’S INDEMNITY AGREEMENT [______________], 2018 The undersigned on behalf of Piper Jaffray & Co. (the "Underwriter"), hereby proposes to enter into the following agreement, in consideration for the approval pursuant to Section 147(d) of the Internal Revenue Code of 1986, as amended, of the Capital Trust Agency Senior Living Revenue Bonds (American Eagle Portfolio Project), Series 2018 (the “Bonds”) by the City of Owatonna, Minnesota (the "City"), as follows: The Underwriter represents to the City that (i) the Bonds will be offered and sold by the Underwriter in accordance with applicable state and federal laws and (ii) the Underwriter will provide access to an Official Statement to purchasers of the Bonds in accordance with applicable laws. The Underwriter agrees to indemnify and hold harmless the City and its respective members, directors, officers, agents and employees (all of such indemnified parties being herein referred to as "Indemnified Parties") against any and all losses, claims, damages and liabilities (including without limitation the reasonable costs of investigating and defending any such claim or liability and the reasonable counsel fees incurred in connection therewith) (i) arising out of a violation by the Underwriter of its representations made in this Agreement; (ii) arising out of any statement or information contained in the offering document relating to the Bonds (the “Offering Memorandum”) which was provided in writing by the Underwriter, or describing therein the Underwriter or its activities with respect to the Bonds, that is untrue in any material respect, or the omission therefrom of any information regarding the Underwriter or its activities with respect to the Bonds which should be contained therein which is necessary to make the statements therein, in the light of the circumstances under which they are made, not misleading in any material respect; or (iii) caused by the failure of the Underwriter to comply with any registration or qualification requirements applicable to the Underwriter of the Bonds under any securities or "Blue Sky" law of any jurisdiction in which such registration or qualification is required; or (iv) caused by the failure of the Underwriter to comply with any applicable rule of the Municipal Securities Rulemaking Board; and to the extent of the aggregate amount, paid in settlement of any litigation commenced or threatened arising from a claim based upon any such violation or failure to comply, if such settlement is effected with the written consent of the Underwriter. In case any claim shall be made or action brought against the Indemnified Parties, based upon the Offering Memorandum or this Agreement, in respect of which indemnity may be sought against the Underwriter, the Indemnified Parties shall promptly notify the Underwriter in writing setting forth the particulars or such claim or action and the Underwriter shall assume B-1 4829-8421-0030.2  the defense thereof, including the retaining of counsel and the payment of all expenses. The Indemnified Parties shall have the right to retain separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall be at the expense of the Indemnified Parties unless the retaining of such counsel has been specifically approved by the Underwriter. If the Underwriter shall not have retained counsel for the defense of any such action or if the Indemnified Parties shall be advised and reasonably conclude that there may be defenses available to the City which are different from or additional to those available to the Underwriter, the Underwriter shall not have the right to direct the defense of action on behalf of any of the Indemnified Parties and the Indemnified Parties shall have the right to retain separate counsel in any such action and to participate in the defense thereof, and the fees and expenses of such counsel shall be assumed by the Indemnified Parties. This Agreement is made solely for the benefit of the Indemnified Parties, and no other person, partnership, association or corporation shall acquire or have any rights hereunder or by virtue hereof. All representation and agreements by the undersigned in this Agreement shall survive the delivery of and payment for the Bonds, provided that said representations shall speak only as of the date hereof. This Agreement may be executed in several counterparts, each of which, when so executed, shall be deemed to be an original, and such counterparts shall together constitute one and the same instrument. This Agreement shall be governed by the laws of the State of Minnesota. [The remainder of this page is intentionally left blank; signature page follows.] A-2 4829-8421-0030.2  IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute and delivery this Indemnity Agreement as of the date first written above. PIPER JAFFRAY & CO. By:_________________________________ Name: ______________________________ Title: _______________________________ [Signature Page | Underwriter’s Indemnity Agreement – AE Owatonna B-1 4829-8421-0030.2  1.4.1 Proclamation City of Owatonna WHEREAS Manufacturing provides ECONOMIC IMPORTANCE as the backbone of Minnesota’s economy, thanks to the sector’s strength, versatility and innovation; and WHEREAS Manufacturing provides an ECONOMIC IMPACT contributing $49.2 billion to the state economy and accounts for 16 percent of Minnesota’s private gross domestic product; and WHEREAS Manufacturing provides an EMPLOYMENT IMPACT with 319,000 manufacturing jobs statewide, which is 13 Percent of all private-sector jobs; and WHEREAS Manufacturing provides a POCKETBOOK IMPACT with the second-largest total payroll among private-sector industries at $21 billion last year. The average annual wage for manufacturing jobs was 16% more than the state’s overall average wage; and WHEREAS Minnesota companies sold $19 billion in manufactured products in foreign markets last year; ranked 24th among all states for manufactured exports; and WHEREAS This year, Daiken Applied will host the Manufacturer’s Celebration in Owatonna. NOW THEREFORE I, Thomas A Kuntz, Mayor of the Great City of Owatonna, do hereby proclaim October 1st through October 7th as Manufacturing Week 2018 In witness whereof, I have hereunto set my hand and caused the Seal of the City of Owatonna to be affixed this 18th day of September, 2018. By:_________________________________________ Thomas A. Kuntz, Mayor  2.0 BEGIN CONSENT AGENDA ITEMS  Owatonna City Council Minutes - Draft Copy 2.1 The Owatonna City Council met in regular session on Tuesday, September 4, 2018 at 7:00 p.m. in Council Chambers. Council President Schultz called the meeting to order and welcomed everyone in attendance. Attending were Council Members Dotson, Schultz, Burbank, Okerberg, Raney, Svenby and Voss; Mayor Kuntz; Community Development Director Klecker; City Attorney Walbran; City Administrator Busse and Administrative Specialist Clawson. Following the Pledge of Allegiance, Council Member Dotson made a motion to approve the agenda as presented, Council Member Svenby seconded the motion; all members voted aye for approval. Mayor Kuntz recommended Karen Malin for appointment to the Public Library Board. Council Member Raney made a motion approving this recommendation, Council Member Okerberg seconded the motion; all members voted aye in approval. Ms. Malin will fill a seat currently vacant with term to expire April 30, 2021. Council President Schultz explained council members review Consent Agenda Items prior to the meeting for approval in one motion. Current Consent Agenda Items for approval include: Council Minutes: Council Meeting – August 21, 2018. Event Permit – Jacob’s Run – Open Arms Yellow Ribbon – September 8, 2018. Event Permit – Americana Showcase at the Village of Yester Year – September 15, 2018. Temporary Liquor Permit – Habitat for Humanity Steele-Waseca Area at Holiday Inn on Wednesday, October 3, 2018. Temporary Liquor Permit – Knights of Columbus at Owatonna Foundation Building on Saturday, October 13, 2018. Excluded Bingo Permit – Owatonna Firefighters Relief Association – November 10, 2018. Minutes – OPU Meeting – July 26, 2018. Minutes – HRA – July 23, 2018. Weed-Inspection Report. Lease Renewals – Wee Pals Child Care Center, Inc. South Central Human Relations Center Steele County Transitional Housing, Inc. Grant Request – Washer/Dryer - Owatonna Fire Department. Grant Request – Training Reimbursement – Minnesota Board of Firefighter Training & Education. Approve Purchase Self-Contained Breathing Apparatus – Fire Department. Extend Letter of Understanding - Owatonna Historic Partners, LLC. Council Member Okerberg made a motion to approve these Consent Agenda Items and Council Member Burbank seconded the motion. All members voted aye for approval of these items. Vice-President Raney recapped the expenses for the period. Bills presented for payment totaled $1,090,628.11. Council Member Dotson made a motion to approve these payments; Council Member Voss seconded the motion; all members voted aye for approval. Community Development Director Klecker presented the second reading of Proposed Ordinance 5-18, a request to vacate a portion of a utility easement at 1285 Kilworth Drive Mohs State Properties, LLC. Council approved the first reading during their March 20, 2018 meeting and there have been no changes since. Scott Mohs, representing Mohs State Properties, LLC applied for the easement as they plan to construct a new office and shop on the property. The property will be replatted and the easements will be rededicated in locations approved by the City and OPU. CenturyLink had a cable in this easement, which has been moved. The portion of the easement to vacate is the East 10.00 feet of the South 290.00 feet of Outlot D, Brady Homestead Addition, Owatonna, MN as recommended by the Planning Commission. Council Minutes September 4, 2018 Page 2 of 4 Council Member Dotson made a motion to approve Proposed Ordinance 5-18 as recommended by the Planning Commission; Council Member Voss seconded the motion. With a roll call vote, voting aye were Council Members Voss, Okerberg, Dotson, Burbank, Raney, Svenby and Schultz; there were no nays, the motion carried. This will be known as Ordinance 1585. Community Development Director Klecker presented the second reading of Proposed Ordinance 6-18, a request to rezone property at 1330 State Avenue. Scott Mohs, Mohs State Properties, LLC request this property be changed from I-2, Heavy Industrial District and I-1, Light Industrial District to B-2, Community Business District for construction of an office, shop and storage area for his construction business. Council approved the first reading of this proposed ordinance during the March 20, 2018 Council Meeting and there have been no changes since. The Planning Commission has recommended approval of this zone change. Council Member Raney made a motion to approve the first reading of Proposed Ordinance 6-18 as recommended by the Planning Commission; Council Member Burbank seconded the motion. With a roll call vote, voting aye were Council Members Voss, Okerberg, Dotson, Burbank, Raney, Svenby and Schultz; there were no nays, the motion carried. This will be known as Ordinance 1586. Community Development Director Klecker presented Resolution 67-18 to approve the final plat for Mohs Addition. This is a one lot commercial plat on 4.4 acres located at 1330 State Avenue. The property currently is part of two different plats and one lot that is currently an outlot. Scot Mohs, Mohs State Properties, LLC has requested this plat as Mohs Addition. There are currently $30,148.12 in outstanding assessment, which need to be paid in full or an agreement reached for repayment. The Planning Commission held a public hearing and recommend approval of this final plat with the following conditions: a) The final plat shall be recorded within 60 days of the date or approval of the final plat. b) The drainage and utility easements shall be provided as shown on the final plat. c) The title opinion shall be approved by the City Attorney prior to recording of the final plat. d) The plat shall be contingent upon approval of the easement vacation. e) The plat shall be contingent upon approval of the zone change to B-2, Community Commercial. f) Steele County shall approve any access on State Avenue in accordance with their access policy. g) All assessments shall be paid in full or an agreement shall be approved by the City Council prior to recording of the final plat. Council Member Svenby made a motion to approved Resolution 75-18 as recommended by the Planning Commission. Council member Okerberg seconded the motion; all members voted aye in approval. Community Development Director Klecker requested approval of Conditional Use Permit C-1408, a request from Robert and Donna Ayers to construct a detached garage at 2250 Majestic Lane NE. The total square footage of the proposed garage is 1,064; this is 64 square feet over the permitted 1,000 square feet. The property is larger than an acre, which will allow an accessory structure with approval of a conditional use permit. The Planning Commission held a public hearing for this application with no objections heard. The Planning Commission recommends approval with the following condition: 1) The accessory structures shall not be used for commercial purposes. Council Member Dotson made a motion to approve the conditional use permit as recommended by the Planning Commission; Council Member Voss second the motion; all members voted aye for approval. Community Development Director Klecker presented a Limited Use Agreement with Mary Alice Stewart for approval of an emergency exit onto Bridge Street. The purpose of the Limited Use Agreement will Council Minutes September 4, 2018 Page 3 of 4 allow construction of a stoop and railing within the public right of way at 202 W Bridge Street. The sidewalk at this site is blocked by a ramp and this proposal should not cause any additional issues for pedestrian traffic. Council Member Raney made a motion to approve the Limited Use Agreement, Council member Okerberg seconded the motion; all members voted aye for approval. Community Development Director Klecker recommended approval of an agreement with James Brothers Construction to convey and exchange property. James Brothers Construction owns property along Kilworth Drive, behind the old Walmart building, where they have stockpiles of material. They also rent a facility along Hoffman Drive for landscaping materials and offices; they would like to consolidate their operations to one location, construct a building, stockpile material and be able to crush concrete on this site. The City currently owns 12 acres of land at the intersection of Park Drive and 39th Avenue for industrial development. This agreement involves swapping these properties. The city’s property in the Industrial Park has had few improvements to it, Park Drive is a gravel road and sewer and water will need to be stubbed into the lot. The current James Brothers Construction property has sewer and water stubbed into it; Kilworth Drive is also a gravel street. The agreement allows James Brothers Construction to use the fill stockpiled on the city lot on the corner of Bridge Street and 32nd Avenue NW to develop the new lot. The agreement also calls for the EDA to pay for the sewer and water access fees for the lot in the Industrial Park, which is estimated to be less than $3,000. James Brothers Construction would need to remove the stockpiles on their current location by October 31, 2019 and construct a new facility by the end of 2020. The EDA approved this proposed agreement at their meeting on August 22 and recommend Council approval. Council Member Okerberg made a motion to approve this agreement, Council Member Burbank seconded the motion; all members voted aye for approval. Interim Park & Rec Director Klecker requested Council accept a donation from the Owatonna Tennis Association toward upgrades in the Tennis Center Lobby and courts area. The overall goal of this project is to enhance the tennis lobby into a more social area, give a better flow and more space for tennis players and spectators as they enter the facility, enhance the viewing ability for spectators, upgrade some of the existing furnishings and revitalize the atmosphere of the facility. A three-phased plan was developed with the tennis lobby remodel as the primary focus in Phase 1. The City would be responsible for the labor portion of this remodel project and a couple minor changes to electrical and plumbing locations. Currently, the association has fundraised over $30,000 for materials and equipment included in the project. Council Member Burbank made a motion to accept this donation; Council Member Voss seconded the motion; all members voted aye for approval. City Administrator Busse reported progress of the 2018 Improvement Projects: Hemlock Avenue - Behind schedule. Planning to pave early next week. Have been working with the school district regarding alternative routes; Mill Street and Caleta Place - Waiting for concrete to be complete before asphalt can be replaced; Downtown Alley and Parking Lot Project - Parking areas are ready. Alley is delayed due to CenturyLink. Information was provided to CenturyLink several times, but they have not completed necessary work to allow paving of the alley to Commence. McKinley Street -Work is complete; Mosher Avenue - Work has been slow due to the rain; 18th Street SW – Punchlist items remain; Park Drive has been idle for most of the past few weeks. Consultant is working with contractor to get the project back on schedule. Overlays - Progressing well. 3rd Avenue NE, Willow Place, West end of Rice Lake Street, and Liberty Drive are complete. Council Minutes September 4, 2018 Page 4 of 4 Crack Filling and Sealcoating Project is complete. Community Development Director reported 32 Building Permits have issued this year for single-family homes with two more plans currently in review. Two permits have issued for town homes with four units each. Most of the development projects are progressing well: Torey’s; TraLo; Vine Street Apartments, Park Place Apartments; and two storage buildings in the Industrial Park are in various stages of construction. The Pearl Street Apartment Project was delayed by the death of their architect and material costs have increased. They are looking at options and we anticipate they will ask we revise the completion date of the Development Agreement, as this will not be completed by year-end. There were no comments heard during Public Comments. During Council Comments, Council Member Voss asked everyone to check their sump pumps, as there has been a lot of rain within the last few days. Council Member Okerberg asked everyone to watch out for pedestrians and remember to not text while driving. This last week, Council Member Okerberg met with a mail carrier to review the city’s ordinances for snow removal; mail delivery can be denied if sidewalks have not been cleared. Council Member Dotson also asked everyone to keep an eye out for kids now walking to school. Council Member Raney made response to a Letter to the Editor published this last weekend in the Owatonna Peoples Press, “Dave Beaver is the only full-time employee at the Degner Regional Airport. I believe he does an excellent job and represents the City well. This winter, Dave assisted in landing several private jets during Super Bowl Week and he continues to be an advocate working hard to bring in business. I believe he is doing a great job.” Mayor Kuntz reminded everyone of the ribbon cutting planned on Monday, September 10th at 5:30 p.m. for the SW 18th Street Trail. City Administrator Busse reminded everyone summer hours are now over at the Library. The Library is open Monday-Thursday 9 a.m. – 8 p.m., Friday and Saturday 9 a.m. – 5 p.m., no Sundays until October when they open Sunday afternoons from 1-5 p.m. during the winter months. There are several events planned over the next several weeks: Wednesday, September 12th our Finance Department is hosting a Retirement Celebration for Diane Guse from 5 p.m. – 7 p.m. in the Arts Center; Friday, September 14th is Woofstock at Lake Chase Dog Park from 5:30 - 11:00 p.m. with lots of fun things planned including the movie “101 Dalmatians”; Saturday, September 15th will be Archery Day at the Archery Range, 711 Elm Avenue from 10:00 – 12:00 noon to celebrate the one-year anniversary of the archery park opening. Council President Schultz thanked staff for their updates on projects being done and asked everyone to be patient for the work to be completed, as there have been some slight delays due to the rainy weather. Council Member Okerberg commented he was pleased to see the repair the county just begun on S Oak Avenue. At 7:30 p.m., Council Member Raney made a motion to adjourn, Council Member Dotson seconded the motion and the meeting adjourned. Dated: September 11, 2018 Respectfully submitted, Jeanette Clawson, Administrative Specialist  2.2.1 Approved: ______ Denied: _______ SUMMARY EVENTS PERMIT APPLICATION Date Application Received: 8/02/18 Date to Council: 8/21/18 . EVENT INFORMATION: CulturalFest Parade FEE Amount: $0 Event Dates/Times: Date Saturday, September 22, 2018 Time: Parade begins at 10:30 a.m. . Set up will begin at 10:00 a.m. and parade route will be cleaned up by 11:00 a.m. Location (Address) of Event: The parade begins at the Northwoods Cinema Ten, 300 Allan Avenue to Wilson Elementary School. Estimated Attendance (Participants and spectators): 50-75 APPLICATION INFORMATION: CulturalFest Committee Primary Contact /Applicant Name: Mandy Young 507-390-8392 Alternate Contact: Sue Schroeder 507-390-5850 Items needed Use of Street & Public Right of Way for Parade Route which begins a t t h e t h e a t e r going south and then turning east to Wilson Elementary School. There will be 50+ flags and a musical drum group in the parade. Requesting traffic control during the parade as in previous years. Department Notes : Building: Approve Park & Rec: Approve, no cost, no additional comments. Police: Approve – Point of Contact will be Sergeant Kniefel. Reserves/CSO's will help with traffic control. Public Works: Approve Fire: Approve Council Notes: City Council Approval: ____________________________________ Date: _____________________ Kris M. Busse, City Administrator/City Clerk Page 1 of 1  2.2.2 Approved: ______ Denied: _______ SUMMARY EVENTS PERMIT APPLICATION Date Application Received: 8/02/18 Date to Council: 8/21/18 . EVENT INFORMATION: CulturalFest – Amazing CulturRace FEE Amount: $0 Event Dates/Times: Date Saturday, September 22, 2018 Time: 9:00 a.m.- 3:00 p.m. . Set up will begin at 6:00 a.m. and cleanup will be completed by 4:00 p.m. following the event. Location (Address) of Event: Biking event beginning at Wilson Elementary School, 325 Meadow Lane. Twelve teams (2 people/team) bike through downtown area to complete race challenges. Estimated Attendance (Participants and spectators): 24 racers APPLICATION INFORMATION: CulturalFest Committee Primary Contact /Applicant Name: Sue Schroeder 507-390-5850 Items needed This is just for information use. They will use the City’s Street & Public Right of Way during this race; however, there is no specific items needed as they are not asking for exclusive use and racers will follow road safety while biking. Department Notes : Building: Approve Park & Rec: Approve, if events will be in park areas, ask what parks they are going to use, to check if there are rentals that day. Police: Approve, would ask what parks they are going to use, to check if there are rentals that day. Public Works: Approve Fire: Approve Council Notes: Applicant called and advised stations will not be set in the parks. City Council Approval: ____________________________________ Date: _____________________ Kris M. Busse, City Administrator/City Clerk Page 1 of 1  2.2.3 Approved: _____ _ Denied: ________ SUMMARY EVENTS PERMIT APPLICATION Date of Application: July 31, 2018 Date to Council: September 18, 2018_ EVENT INFORMATION: “For a Day 5K” - 4th year for this event FEE Amount: $0 Event Dates/Times: Saturday, October 6th Run begins at 8:00 a.m. Set beginning ag 6:00 a.m. and clean up after event should be completed by 12:30 p.m. Location (Address) of Event: Race will begin and end at the Chalet in Morehouse Park. The race will run the trails from Morehouse Park to Kaplan Woods, in Kaplan Woods and back to Morehouse Park. Estimated Attendance (Participants and spectators): 300-400 APPLICATION INFORMATION: For a Day Foundation Primary Contact /Applicant Name: Jason Lennox Phone: 507-676-5825 Items needed: Use of city’s sidewalks, trails, parking lots, and parks; 15-20 cones and 2-3 barricades to block traffic from the park area during this morning race event. Department Notes : Park & Rec: Approve, no charge for pavilion rental, will need to block Chalet rental for 1/2 day (no charge), and park will be blocked off (no charge). Police: Approve Public Works: Approve, event organizer is responsible for contacting street department in advance at 507-774-7051 to make arrangements for barricades and cones. Depending on City's own use, barricades and cones may not be available. Organizer responsible for pickup and return. Fire: Approve Building: Approve Council Notes: This is the fourth year for this event which has grown each year. In previous years, this event started and finished at Lake Kohlmier Beach but this year Kohlmier Drive Project will be under construction so they have moved the event to start/finish at Morehouse Park. City Council Approval: ____________________________________ Date: _____________________ Kris M. Busse, City Administrator/City Clerk Page 1 of 1  2.2.4 Approved: ____ Denied: ______ SUMMARY EVENTS PERMIT APPLICATION Date of Application: September 7, 2018 Date to Council: September 18, 2018 EVENT INFORMATION: Brand Bash FEE Amount: $0 Event Dates/Times: Date: 10/01/18 Time: 4:00 p.m – 8:00 p.m.. They will begin set up at 1:00 p.m. and clean up after the event should be done 9:00 p.m. Location (Address) of Event: Central Park Estimated Attendance (Participants and spectators): 100 - 200 APPLICATION INFORMATION: Big Brothers Big Sisters 545 Dunnell Drive Owatonna MN 55060 Primary Contact: Karen Montplaisir 507-414-0300 or 507-390-0321 Contacts during event: Andrew Carlson 507-676-0363 Karen Montplaisir 507-.390-0321 Items needed: Use of Public street and right-of way to park food vendor trucks. A Park Permit was approved for this event; however, they now request addition of food vendors at the event and need space in the public right-of- way for the food vendor trucks to park. This is request use of parking spots along the north and west side of Central Park . Department Notes : Police: Approve Fire: Approve Park & Rec: Will need to find locates before staking inflatables. Additional costs $425. Will want to verify what they will be using for the sound system. Public Works: Approve – applicant responsible to pick-up cones/barricades at the City Shop. Council Notes: Applicant called: They spoke with Jerry Besser regarding the sound system. City Council Approval: ____________________________________ Date: _____________________ Kris M. Busse, City Administrator/City Clerk Page 1 of 1  2.3.1 Minutes Human Rights Commission The Human Rights Commission met on Tuesday, August 14, 2018 in the Second Floor Conference Room of the City Administration Building. Commission Chairman Ethan Cords called the meeting to order at 5:00 p.m. Commissioners: Ethan Cords, Jim Gunderson, Jamie Vanoosbree; Fred Ventura; Ryan Gillespie; and David Emanuelson; City Administrator Kris Busse Administrative Specialist Jeanette Clawson and City Council Member Kevin Raney were present. Following the Pledge of Allegiance, Commissioner Cords welcomed everyone and Commissioner Gillespie took roll call. After review of the minutes of the July 10, 2018 meeting, Commissioner Ventura made a motion to approve the minutes as presented; Commissioner Gillespie seconded the motion and all members present voted aye for approval. During Open Forum, Council Member Raney thanked the commission for their service to the community. Commissioner Ventura expressed desire for commission members to receive more training to become better assets for the community. During Commissioners Comments, Commissioner Emanuelson questioned how to better identify people needing assistance from the commission. He suggested commissioners become more involved in the community to increase contacts with other groups. Culture Fest will be Saturday, September 22, 2018 at Wilson School; Commissioner Emanuelson is pursuing the option for the OHRC to host a booth representing a country/region during this event. Any suggestions will be welcomed and he will forward additional information when received regarding the event. Commissioner John Worden joined the meeting at 5:10 p.m. During Old Business, the establishment of a Welcome Center in Owatonna was discussed. Several commissioners anticipate development projects currently underway will bring new businesses and more people to town. They believe a Welcome Center is needed which will be very beneficial to the City. Commissioner Ventura reported, he, Commissioner Gunderson, and Commissioner Cords toured the Austin Welcome Center last month and were very impressed with the center and thought the director is very knowledgeable. The Austin Center opened during 2000 and currently houses five to seven service agencies, which seems to work well. This center has five full-time staff members, which are all fluent in several languages. Their annual budget is $250,000 with 50% from Hormel, 25% from United Way, and the remaining 25% from the City and others. Opening a center would require an estimated minimum annual budget of $50,000 and a lot of support from the community. Owatonna Forward has identified a Welcome Center as one of their Destiny Drivers and City Administrator Busse suggested Shane Sattler would be a good point of contact with United Way. Commissioner Gunderson commented he was also extremely impressed with the Austin Center, seemed very capable people were handling the center and they have received 18+ years of support from the community. The commissioners plan to invite members of Owatonna Forward to the September Commission Meeting to discuss their plans and how the Human Rights Commission can be involved. Commissioner Vanoosbree contacted Choice Academy to hold an Essay Contest and they said they felt honored to be asked. Information is needed to share with the kids. She would like to hold the essay this fall and announce winners early November. Commissioner Cords will share contest guidelines and information from the MN League with Commissioner Vanoosbree to prepare a project plan to present during the September OHRC Meeting. Minutes – August 14, 2018 Human Rights Commission Page 2 of 2 The next OHRC Meeting will be Tuesday, September 11, 2018 at 5:30 p.m. At 5:40 p.m. Commissioner Gunderson made a motion to adjourn, Commissioner Ventura seconded the motion and the meeting was adjourned. Respectfully submitted, Jeanette Clawson, Administrative Specialist  2.4.1 Weed/Nuisance Complaint Inspections OWATONNA FIRE DEPARTMENT August 31, 2018 - September 13, 2018 Address Complaint Description Inspection Date Violation Notice Correction Due Violation Comments Staff Hours Sent Date Corrected Date Austin RD The vacant lot has been mowed. RJS 9/13/2018 9/20/2018 9/13/2018 Has been mowed. 0.5 Greenleaf PL SE 9621 spoke with the person that mows these lots - he cut 9/10/2018 8/29/2018 9/10/2018 Has been mowed. 0.5 them on 9/7. Missed spots where it was extremely wet. Ok for now. Greenleaf RD SE 9621 spoke with the person that mows these lots - he cut 9/10/2018 8/29/2018 9/10/2018 Has been mowed. 0.5 them on 9/7. Missed spots where it was extremely wet. Ok for now. Robin Hood LN SE 9621 spoke with the person that mows these lots - he cut 9/10/2018 8/29/2018 9/10/2018 Has been mowed. 0.5 them on 9/7. Missed spots where it was extremely wet. Ok for now. Robin Hood LN SE 9621 spoke with the person that mows these lots - he cut 9/10/2018 8/29/2018 9/10/2018 Has been mowed. 0.5 them on 9/7. Missed spots where it was extremely wet. Ok for now. 1025 Mineral Has mowed the complaint location. RJS 9/6/2018 9/16/2018 9/6/2018 Has been mowed. 0.5 Springs RD NE 103 19 ST NE The complaint location has been mowed. RJS 9/7/2018 9/16/2018 9/7/2018 Has been mowed. 0.5 1051 Oak AVE S 9/4/18: The complaint location has been mowed. RJS 9/4/2018 8/25/2018 9/5/2018 9/4/2018 Has been mowed. 0.5 108 17 ST NE The west side of the garage area has been cut. RJS 9/10/2018 9/9/2018 9/10/2018 Has been mowed. 0.5 1101 Oakwood LN Complaint: Tall grass and weeds, overgrowth, unintentional 9/12/2018 Need to send violation notice. 0.5 trees; house is recent foreclosure. See attached pictures (4111, 4112, 4113) of the complaint location. RJS 1115 Frontage RD 9/4/18: No change in status of complaint location. Need to 9/4/2018 9/3/2018 9/5/18: Contacted mowers. 9609. 0.5 W call lawn service to mow the front and back areas of the location. See attached pictures (4059, 4060) of the complaint business location. RJS 1120 Cedar AVE S 9/4/18: The complaint location has been mowed. RJS 9/4/2018 9/5/2018 9/4/2018 Has been mowed. 0.5 125 McKinley ST E 9/4/18: The complaint location has mowed the location. RJS 9/4/2018 9/4/2018 Has been mowed. 0.5 132 North ST E Has been mowed. 9/4/2018 9/4/2018 Has been mowed. 0.5 1413 Hemlock Complaint: long grass and weeds. Has only mowed 2 times this 9/11/2018 9/11/2018 9/11/18: The complaint location has mowed the 0.5 AVE summer. Long grass and weeds in all yards and around the yards. RJS house. See attached pictures (4091, 4092) of the complaint location. RJS 1420 Cedar AVE N Reinspected - no change. Nuisance items - stove, mattress, 9/12/2018 9/13/2018 9/23/2018 Items located in front of garage and in yard. 0.5 tree log & branches, 4 tires 165 21 ST NW 9/10/18: No change in the nuisance status of the sofa, 9/10/2018 Need to send violation notice. 0.5 dishwasher, cabinet, and tree branches remain in place on the west side of the garage area. Need to send another violation letter. See attached pictures (4103, 4104) of the nuisance items. RJS Prepared on 9/14/2018 2.4.1 Page 1 of 3 Weed/Nuisance Complaint Inspections OWATONNA FIRE DEPARTMENT August 31, 2018 - September 13, 2018 Address Complaint Description Inspection Date Violation Notice Correction Due Violation Comments Staff Hours Sent Date Corrected Date 218 Rose ST E 9/4/18: The complaint nuisance item (couch) is now in the 9/4/2018 9/1/2018 9/7/2018 The couch has been removed from the blvd area. 1 street. Need to sent another violation letter. See attached RJS picture (4054) of the nuisance couch. RJS 2205 3 AVE NW 8/31/18: No change in the status of the complaint location. 8/31/2018 Need to send violation notice. 0.5 See attached pictures (4050, 4051) of the nuisance items. RJS Reinspect - check if tree log in the blvd and misc items on south side of garage. Update pics. 223 Highland AVE Long grass and weeds in all yards and around house. See 9/6/2018 Need to send violation notice. 0.5 attached pictures (4063, 4064) of the complaint location. RJS 229 Fremont ST E The complaint location has not cut/mowed the complaint 9/10/2018 9/9/2018 9/14/18: Contacted mowers. 0.5 areas. Need to call lawn service. See attached pictures (4093, 4094) of the complaint location. RJS 234 McKinley ST E Has been mowed. 9/4/2018 9/4/2018 Has been mowed. 0.5 236 Rose ST E The complaint items have been cut. RJS 9/10/2018 9/9/2018 9/10/2018 Has been mowed. 0.5 258 Woodland DR The complaint location has been mowed southeast side of the 9/13/2018 9/19/2018 9/13/2018 Has been mowed. 0.5 garage. RJS 266 Woodland DR The complaint mowed the yards. RJS 8/31/2018 8/31/2018 8/31/2018 The complaint mowed the yards. RJS 1 308 Riverside AVE Long grass and weeds in all yards, around house and bldg. See 9/4/2018 9/6/2018 9/16/2018 9/10/2018 Th long grass and weeds have been mowed. RJS 1 attached picture (4058) of the complaint location. RJS 315 Academy ST 9/4/18: No change in the nuisance items status near the front 9/4/2018 9/4/2018 Need to send violation notice. 1 door way of house. Need to send another violation letter. See attached picture (4053) of the nuisance items. RJS 319 Adams AVE Nuisance items - couches on the blvd area. See attached 9/6/2018 Need to send violation notice. 0.5 NW picture (4065) of the complaint items. RJS 430 Murray ST Nuisance item - TV on the blvd area. See attached picture 9/4/2018 9/6/2018 9/16/2018 9/10/2018 The nuisance TV on the blvd area has been 1 (4061) of the complaint TV. RJS removed. RJS 444 18 ST SW The blvd area at the complaint location has been cut. RJS 9/10/2018 9/16/2018 9/10/2018 Has been mowed. 0.5 466 Sylvan ST See attached pictures(4114, 4115) of the complaint location. 9/12/2018 9/12/2018 9/12/18: The backyard has been mowed. 0.5 RJS Complaint: Long grass in back yard. 505 Fitzgerald PL Has been mowed. 8/31/2018 8/31/2018 Has been mowed. 0.5 NE 539 South ST E Nuisance item - couch on the blvd area. See attached picture 8/31/2018 Need to send violation notice. 0.5 (4049) of complaint item. RJS Prepared on 9/14/2018 Page 2 of 3 Weed/Nuisance Complaint Inspections OWATONNA FIRE DEPARTMENT August 31, 2018 - September 13, 2018 Address Complaint Description Inspection Date Violation Notice Correction Due Violation Comments Staff Hours Sent Date Corrected Date 557 Mineral Long grass and weeds in all yards and around house. See 9/4/2018 9/6/2018 9/16/2018 9/6/2018 Has mowed the complaint location. RJS 1 Springs RD attached picture (4057) complaint location. RJS 560 Kim LN SW 8/31/18: The complaint location has been mowed. RJS 8/31/2018 8/31/2018 Has been mowed. 0.5 567 School ST E Long grass and weeds in all yards, around house & bldg. See 8/31/2018 9/4/2018 Has been mowed. 1 attached picture (4048) of the complaint location. RJS 575 Mineral Has been mowed. 9/4/2018 9/4/2018 Has been mowed. 0.5 Springs RD NE 584 Rice Lake ST The complaint weeds in the alley way and around the house 9/13/2018 9/19/2018 9/13/2018 Has been mowed. 0.5 has been cut. RJS 646 13 ST NE 9/4/18: The complaint location has been mowed. RJS 9/4/2018 9/4/2018 Has been mowed. 0.5 720 & 722 Grove Has been mowed. 9/10/2018 8/27/2018 9/10/2018 Has been mowed. 0.5 AVE S 830 20 ST NE Long grass and weeds in all yards and around house. See 8/31/2018 9/6/2018 9/16/2018 9/10/2018 Has been mowed. 0.5 attached picture (4052) of the complaint location. RJS 837 Minnesota 9/5/18: The complaint has not mowed the yards and dirt pile 9/5/2018 9/5/2018 Need to contact mowers. 1 AVE of weeds, thistles, and long grass. Need to call lawn service. See attached picture (4062) of the complaint location. RJS Prepared on 9/14/2018 Page 3 of 3 2.4.2  2.4.3 OWATONNA BUILDING INSPECTION DEPARTMENT COMPARISON REPORT - CONSTRUCTION TO DATE - 2017/2018 Construction Report for Permits Issued through August 31, 2018 2017 2018 VALUATION PERMIT PERMITS PERMITS ISSUED FOR PERMITS PERMITS ISSUED FOR PERCENT ISSUANCE TYPE OF WORK ISSUED CONSTRUCTION COST Units ISSUED CONSTRUCTION COST Units % CHANGE % CHANGE NEW DWELLINGS 22 5,009,759 33 8,005,000 + 59.79% + 50.00% ACCESSORY BUILDINGS 94 272,012 126 530,506 + 95.03% + 34.04% (INCLUDES GARAGES, UTIL. BLDGS, SW. POOLS, ETC.) COMMERCIAL PROJECTS 123 6,694,043 151 12,909,180 + 92.85% + 22.76% INDUSTRIAL PROJECTS 37 9,750,125 30 2,449,018 - 74.88% - 18.92% RESIDENTIAL ADD. & ALT. 1,375 9,154,484 1,029 9,462,382 + 3.36% - 25.16% DUPLEXES & APTS. 1 2,900,000 * 33 10 9,889,154 ** 91 + 241.01% + 900.00% (INCLUDES ATTACHED SF) DEMOLITION PERMITS 8 8 + 0.00% TOTAL PERMITS ISSUED 1,660 33,780,450 1,553 43,245,240 + 28.02% - 6.45% * 33 Multi Family Units ** 87 Multi Family Units, 4 SF attached untis 2.4.3 COMPARISON REPORT OF BUILDING DONE IN CITY OF OWATONNA IN YEARS 2017 AND 2018 Ken Beck, Building Official DWELLINGS ACCESSORY COMMERCIAL INDUSTRIAL ADD. & ALT. DUPLEX/APTS DEMO TOTAL Month NO. VALUE NO. VALUE NO. VALUE NO. VALUE NO. VALUE NO. VALUE NO. NO. VALUE Jan '17 14 283,900 6 7,666,365 62 449,879 82 8,400,144 Jan '18 3 3,900 12 32,533 3 174,860 82 381,912 1 100 593,205 Feb '17 1 2,200 33 3,315,040 8 7,706,590 150 532,453 0 0 0 192 11,556,283 Feb '18 7 9,100 23 601,479 5 193,856 160 1,176,013 0 0 1 195 1,980,448 Mar '17 2 675,000 8 43,904 47 3,561,956 10 7,709,740 248 1,389,406 0 0 3 318 13,380,006 Mar '18 3 700,000 12 22,850 30 680,379 6 193,856 269 1,890,112 2 350,000 1 322 3,837,197 Apr '17 7 1,810,000 26 80,194 55 3,933,277 13 7,790,740 362 1,972,151 1 2,900,000 4 468 18,486,362 Apr '18 10 2,190,000 31 56,587 52 2,146,834 9 919,285 394 3,286,377 2 350,000 1 497 8,949,083 May '17 11 2,785,000 50 127,603 74 5,020,857 19 7,908,740 531 3,164,533 1 2,900,000 5 691 21,906,733 May '18 16 3,780,000 64 148,222 77 3,257,651 15 1,083,269 633 4,937,286 4 350,000 4 811 13,556,158 Jun '17 15 3,484,759 67 144,627 91 5,411,307 25 8,020,640 816 5,215,721 1 2,900,000 7 1,022 25,177,054 Jun '18 21 5,325,000 82 214,307 98 3,749,931 22 2,147,978 833 6,000,337 5 3,550,000 4 1,063 20,987,283 Jul '17 19 4,299,759 82 222,859 108 6,271,943 32 8,129,812 1,087 7,144,622 1 2,900,000 7 1,336 28,968,995 Jul '18 28 6,835,000 102 320,356 125 12,099,418 26 2,344,058 1,029 7,374,639 9 4,078,500 8 1,325 33,051,971 Aug '17 22 5,009,759 94 272,012 123 6,694,043 37 9,750,152 1,375 9,154,484 1 2,900,000 8 1,660 33,780,450 Aug '18 33 8,005,000 126 530,506 151 12,909,180 30 2,449,018 1,029 9,462,382 10 9,889,154 8 1,553 43,245,240 Sep '17 24 5,624,759 106 304,380 145 7,844,292 42 9,922,106 1,640 14,085,107 8 3,576,000 9 1,974 41,356,644 Sep '18 Oct '17 30 7,324,759 127 336,819 170 8,269,745 48 11,149,606 1,836 15,358,107 8 3,576,000 10 2,229 46,015,036 Oct '18 Nov '17 33 8,029,759 134 398,353 179 8,392,734 54 11,278,521 1,992 16,279,954 8 3,576,000 14 2,414 47,955,321 Nov '18 Dec '17 33 8,029,759 139 404,253 195 8,573,208 59 11,297,344 2,059 16,602,069 8 3,576,000 19 2,512 48,482,633 Dec '18 Report compiled and prepared by Sandy Rickerl 2.5  3.0 BEGIN ACTION ITEMS 3.1 3.2.1 3.2.2 3.2.3 3.2.1 3.2.2 3.2.3 3.2.4  RESOLUTION NO. 80 - 18 A RESOLUTION APPROVING PRELIMINARY PLAT OF OWATONNA MOTOR COMPANY ADDITION WHEREAS, on September 18, 2018, the City Council accepted and approved the preliminary plat of Owatonna Motor Company Addition to the City of Owatonna, as the same was approved and recommended by the Planning Commission of the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Owatonna, Minnesota: 1. That said plat is in accordance with and conformity to the plans and regulations established by the City for a comprehensive plan for the development of the City. 2. That said plat be and the same hereby is approved with the following conditions: a) The final plat shall be approved within one year of the date of approval of the preliminary plat. b) The title opinion shall be approved by the City Attorney prior to recording of the final plat. c) A joint access, parking, and maintenance easement agreement regarding all parking and access on the properties shall be recorded with the final plat. d) The applicant shall cease the encroachment of the County Road 45 (Hoffman Drive) right of way. 3. That the Clerk cause a certified copy of this resolution to be filed in the office of the County Recorder of Steele County, Minnesota, and to be given to the applicants of said plat. Passed and adopted this ____ day of ______, 2018 with the following vote: Aye ___; No ___; Absent ___. Approved and signed this _____ day of _______, 2018. __________________________ ATTEST: Thomas A. Kuntz, Mayor Kris M. Busse, City Administrator/City Clerk  3.2.5 & 3.2.6 Owatonna Fire Department Michael Johnson 107West Main Street Fire Chief Owatonna, Minnesota 55060-2913 Phone (507) 444-2454 September 13, 2018 TO: Mayor and City Council, City Administrator FROM: Mike Johnson, Fire Chief SUBJECT: 2018 Mowing of Weeds, Grasses, and Other Harmful Vegetation Purpose: The purpose of the attached Resolution 81-18 is to declare the cost to be assessed and order preparation of the Proposed Assessments for unpaid weed and nuisance expenditures incurred by the City during 2018. Resolution 82-18 will set the date for a public hearing for council consideration of these proposed assessments. Background: The Owatonna Fire Department enforced the city codes on mowing of weeds, grasses, other harmful vegetation, and other services by using a mowing service to bring the non- compliant properties into compliance. Budget Impact: The total assessment amount of $3,740.68 will reimburse the city for the cost of weed and nuisance enforcement. The City’s share of these costs will be $0. Staff Recommendation: Staff recommends approval of Resolution 81-18 and Resolution 82-18, setting the public hearing for October 16, 2018. If you have any questions or concerns regarding this issue please contact me. Sincerely, Mike Johnson Michael J. Johnson Fire Chief  3.2.5 RESOLUTION NO. 81-18 A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT WHEREAS, the City has conducted the 2018 Mowing of Weeds, Grasses, and Other Harmful Vegetation on various lots in the City, and the cost of such service is $3,740.68 so that the total cost of the improvement will be $3,740.68, and of this cost the City will pay an estimated $0 as its share of the cost, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Owatonna, Minnesota: 1. The estimated cost of such service to be specially assessed is hereby declared to be $3,740.68. 2. The City Clerk, with the assistance of the City Fire Chief, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Passed and adopted this day of , 2018, with the following vote: Aye ; No ; Absent . Approved and signed this day of , 2018. _______________________________ Thomas A. Kuntz, Mayor ATTEST: _____________________________________ Kris M. Busse, City Administrator/City Clerk  3.2.6 RESOLUTION NO. 82-18 A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT WHEREAS, by Resolution No. 81-18, passed by the Council on September 18, 2018, the City Clerk was directed to prepare a proposed assessment of the cost of the 2018 Mowing of Weeds, Grasses, and Other Harmful Vegetation on various lots in the City; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in his office for public inspection, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Owatonna, Minnesota: 1. A hearing shall be held at a regular City Council meeting to be held on the 16th day of October, 2018, in the Council Chambers of the City Administration Building at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. No appeal as to the amount of an assessment to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. Passed and adopted this _ __ day of , 2018, with the following vote: Aye ____; No ____; Absent _____. Approved and signed this ____ day of _ , 2018. _______________________________ Thomas A. Kuntz, Mayor ATTEST: ______________________________________ Kris M. Busse, City Administrator/City Clerk  3.2.7 THE CITY OF OWATONNA Kris M. Busse, City Administrator 540 West Hills Circle Owatonna, MN 55060-4794 Jeanette Clawson Administrative Assistant Ph. (507) 744-7341 FAX: (507) 444-4394 DATE: September 14, 2018 TO: Honorable Mayor, City Council Members and City Administrator FROM: Jeanette Clawson, Assistant City Clerk SUBJECT: Lawful Gambling – Pull Tabs Purpose: Council approval of Resolution 83-18 approving application for a Premises Permit from the Owatonna Wrestling Association. This will allow their organizaitn to conduct lawful gambling (pull tabs) under a lease agreement with Lava Burger at 369 18th Street SE. Background: City Code Section 120.07, Premises Permit Limitation allows an organization to hold up to three (3) Class B Premises Permits at on-sale licensed liquor establishments within the City. Currently, Owatonna Wrestling Assocation holds two permits and wishes to add this as their third location. They currently offer pull-tabs at Reggie's Brewhouse and Just One More. Budget Impact: None, Owatonna Wrestling Association holds a current permit to conduct Charitable Gambling within the City. The annual fee of $250 was collected when this permit was renewed during June, the current permit is active until June 30, 2019. Staff Recommendation: Staff recommends approval of Resolution 83-18. We are an Equal Opportunity Employer The City of Friendliness and Beautiful Parks  RESOLUTION NO. 83-18 A RESOLUTION APPROVING APPLICATION FOR PREMISES PERMIT WHEREAS, Owatonna Wrestling Association has made application for a premises permit to conduct lawful gambling under a lease agreement with Lava Burger at 369 18th Street SE, Owatonna MN; and WHEREAS, the application for premises permit and lease have been filed with the City; and WHEREAS, it otherwise appears to the Council that the application for a premises permit and lease are in conformity with Section 127:00, et seq., of the 2015 Ordinance Code of the City of Owatonna, as amended, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Owatonna, Minnesota: 1. Pursuant to Section 127:07, of the 2015 Ordinance Code of the City of Owatonna, as amended, the application for premises permit submitted by Owatonna Wrestling Association may be and hereby is approved. Passed and adopted this day of , 2018, with the following vote: Aye ; No ; Absent . Approved and signed this day of , 2018. ___________________________________ Thomas A. Kuntz, Mayor ATTEST: ________________________________________ Kris M. Busse, City Administrator/City Clerk  3.3 THE CITY OF OWATONNA 540 West Hills Circle Troy Klecker Owatonna, MN 55060-4794 Community Development Director Ph. (507) 774-7316 FAX: (507) 444-4351 DATE: September 13, 2018 TO: Mayor and City Council FROM: Community Development Dept. - Troy Klecker SUBJECT: Purchase property at 131 Lincoln Avenue Purpose: City Council to authorize purchase of the property at 131 Lincoln Avenue. Background: As staff looks at future street projects and where improvements are needed, one of the more awkward intersections in the city is the intersection of East Main Street and Lincoln Avenue. The four way intersection has stop lights but the north and south legs do not align. This makes it difficult for turning lanes with angled traffic flow. During peak times, there can be a lengthy back up of vehicles at the intersection as cars are trying to make left turns. There is a need to realign the intersection and add turn lanes. There may be a possibility to construct a round-about at this intersection in the future. In order to accommodate an intersection realignment or a round-about, this property is needed. The property is for sale and staff is proposing the City purchase the property to allow options for improvements to the intersection. The City has a purchase agreement on the property contingent upon City Council approval. The purchase price is $135,000 which would be paid for by some funds that have been set aside to future street projects. The property is a narrow property that is 49.5 feet wide by 165 feet deep and has a small rambler which was built in 1950. The home does not need many improvements and staff would recommend renting the home until the home is needed for an intersection improvements. Budget Impact: The costs to purchase the property would be covered by funds set aside for future street projects. The property would be rented to recoup some of these costs before it is needed for intersection improvements. Staff Recommendation: Approval to purchase the property at 131 Lincoln Avenue. We are an Equal Opportunity Employer The City of Friendliness and Beautiful Parks  131 Lincoln Avenue S City of Owatonna LINCOLN AVE S MAIN ST E MA IN ST E MAIN ST E LINCOLN AVE S Property This drawing is neither a legally recorded map nor a 8 0 50 100 survey and is not intended to be used as one. This information is a compilation of records, information, and data located in various city, county, and state offices and other sources, affecting the area shown, September 14, 2018 Feet and is to be used for reference purposes only.