City Council

1.0 PLEASE NOTE: Council will meet in Council Chambers for a study session beginning at 5:15 p.m. for discussion to amend ordinance regarding the age allowed to purchase tobacco and tobacco products. At 6:00 p.m., the Truth and Taxation Hearing will be held.to review the Proposed 2018 Budget and receive public comment. OWATONNA CITY COUNCIL MEETING - AGENDA TUESDAY, December 4, 2018 COUNCIL CHAMBERS – CITY ADMINISTRATION BUILDING ROLL CALL ORDER – Council Members Burbank, Raney, Svenby, Voss, Okerberg, Dotson and Schultz 1. INTRODUCTORY ACTIONS: 1.1 Call to Order – Roll Call - Pledge of Allegiance. 1.2 Approval of Agenda. 1.3 Public Hearing. 1.4 Mayor. 1.4.1 DECA Week Proclamation 2. CONSENT AGENDA: 2.1 Minutes: City Council Meeting – November 20, 2018. 2.2 Licenses and Permits: 2.2.1 Annual Renewal - Tobacco Licenses. 2.2.2 Temporary Liquor Permit – Big Brothers/Big Sisters. 2.3 Board & Commission Minutes/Reports: 2.3.1 Minutes – Library Board – November 20, 2018. 2.3.2 OPU – October 23, 2018. 2.4 Miscellaneous Items: 2.4.1 Set Date for 2019 Board of Appeal and Equalization Meeting. 2.5 Contracts/Agreements: 2.5.1 Renewal of SeniorPlace rental agreements. • AARP rental agreement to hold classes. • Little Theatre rental agreement to use multi-purpose room. • Semcac Senior Dining rental agreement. • Courage Kenny Rehabilitation Institute/Allina Health facility use agreement. 2.5.2 Change Order No 1 – Fuel System Replacement. 3. ACTION ITEMS: 3.1 Finance Report. 3.2 Licenses and Permits. 3.3 Ordinances: 3.3.1 Second Reading Proposed Ordinance 14-18: Amend Chapter 35, Appendix A Fee Schedule - Sewer Rates, Charges and Fees, Domestic Sewer Rates and Charges Established. 3.4 Resolutions. 3.4.1 Resolution 111-18 – Approve Transfer of Funds from the General Fund to the City’s Capital Projects Fund 3.4.2 Resolution 112-18 – Approve MOU Between City of Owatonna and OCC Founders Group, LLC. 3.5 Contracts/Agreements: 3.5.1 2019 Labor Agreement – MN Public Employees – Sergeants and Corporals. 3.6 Recommendations from Boards/Commissions. 3.7 Miscellaneous Items: 4. PUBLIC COMMENTS. [Please limit comments - 2 minutes and items not on the agenda.] 5. COMMITTEE REPORTS, COUNCIL COMMENT AND GENERAL INFORMATION. 6. ADJOURN. 1.4.1 2.0  2.1 Owatonna City Council Minutes Council Minutes November 20, 2018 Page 1 of 5 The Owatonna City Council met in regular session on Tuesday, November 20, 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; Public Works Director Skov; Finance Director Moen; City Attorney Walbran; City Administrator Busse and Administrative Assistant Rosenau. Following the Pledge of Allegiance, Council Member Svenby made a motion to approve the agenda as presented, Council Member Dotson seconded the motion; all members voted aye for approval. Jared Hendriks, Energy Conservation and Key Accounts Officer at OPU updated the council on all of the energy being saved by making changes to city buildings. Since 2013 the city buildings have saved over 1.5 million kilowatt hours, that’s enough power for about 200 homes per year. Examples of upgrades include replacing lights with LED bulbs, replacing the boiler at the Tennis & Fitness Center. All drinking fountains have also been upgraded to push button instead of running all summer long. Anisha Zak, Steele County Workforce Entry Coordinator updated council on School to Work Program. 25% of graduates do not have a plan once they graduate from high school. Anisha’s position was created to help these students make a plan for a job after graduation. She serves 4 different high school in Steele County, all students are referred by counselor, principal, staff member, etc. Businesses meet monthly to bridge gap between schools and businesses so it’s an easier track for students to learn about the different jobs available in town. A lot of businesses have offered part-time positions for students and job shadowing. Anisha is able to work with students from 16-24 years old. For more information her contact number is 507-993-1790, or her email is on the Owatonna High School website. Mayor Kuntz presented Pastor Mark Rosenau, Police Chaplain for OPD with the Outstanding Service Award. Mayor Kuntz thanked Rosenau for making this community a better one. Captain Jeff Mundale recognized Pastor Rosenau for having a caring, loving heart that enhanced police service and care for the public. The OPD would like to thank and honor Mark. 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 – November 5, 2018. Canvass Results of 2018 City Election – November 9, 2018 Permits/Licenses: Event Permit – Football Team Escort Out Of and Back In To Town – November 24, 2018. Mayor Kuntz would like to modify the event permit to state “escort out of town and back in to town” Board & Commission Minutes/Reports: Minutes – Park and Rec Board Meeting – November 5, 2018. Department Monthly Reports: Reports: Building and Inspection Report – October 2018.  Owatonna City Council Minutes Council Minutes November 20, 2018 Page 2 of 5 Contracts/Agreements: Renew Warsinski Chalet Contract – Martin Equipment. Change Order #1 – Kohlmier Dr & Trail Project – JJD Companies, LLC. Change Order #1 – 2018 CIPPS Project. Miscellaneous: Res 108-18 – Authorize Purchase from Fame Awards. Council Member Dotson made a motion to approve these Consent Agenda Items with the change to the Event Permit and Council Member Okerberg seconded the motion. All members voted aye to approve of these items. Vice-President Raney recapped the expenses for the period. Bills presented for payment totaled $748,099.83. Council Member Svenby made a motion to approve these payments; Council Member Burbank seconded the motion; all members voted aye for approval. Public Works Director Skov requested approval of modifications to Ordinance 14-18 pertaining to sanitary sewer rates. Skov reported that the annual adjustments of the sanitary sewer rates are necessary to maintain adequate funding for operations and maintenance of the sanitary sewer collection system and wastewater treatment facility. A 4% increase to the base rate and to the usage rate is proposed. The budget impact will be approximately a 4% increase to revenue for the sanitary sewer fund. Council Member Raney made a motion to approve Ordinance 14-18; Council Member Dotson seconded the motion; Roll call vote: all members voted aye for approval. Public Works Director Skov requested approval of Resolution 107-18 ordering the preparation of the 2019 Street and Utility Project feasibility report. The 2019 Street and Utility Project involves work on the following streets: • West Hills Tennis Center Parking Lot • 22nd Street NE – Hemlock Avenue to the east • Holly – Butternut to Linn • 13th Street NE – 3rd Avenue to St. Paul Road • North Street West – State Avenue to west • 28th Avenue NW – Park Drive to CSAH 2 (Hoffman Drive) • Lewis Drive NW – 24th Avenue NW to west • 21st Avenue NW – Park Drive to CSAH 2 (Hoffman Drive) • LEC Parking Lot This project involves various levels of reconstruction as needed. Council Member Okerberg made a motion to approve Resolution 107-18; Council Member Voss seconded the motion; all members voted aye for approval. Community Development Director Klecker requested approval of Resolution 108-18 the final plat of the Sanders Energy Addition, a two lot industrial plat located in the Owatonna Industrial Park. OPU has determined they no longer have a need for the large LP tanks. They are planning to sell the property with the tanks since they have been deemed as excess. In order to clean up the title and create the necessary property lines the property needs to be platted. The two parcels being platted do not have street frontage, they have been accessed through a gravel drive on the  Owatonna City Council Minutes Council Minutes November 20, 2018 Page 3 of 5 northerly side of the property, adjacent to the railroad right of way. This access area is currently part of a utility easement. The Planning Commission held a public hearing with no objections heard and recommend approval of this plat with two conditions: 1) The final plat shall be recoded within 60 days of the approval. 2) The title opinion shall be approved by the City Attorney prior to recording of the final plat. Council Member Raney made a motion to approve Resolution 108-18 the final plat of the Sanders Energy Addition as recommended by the Planning Commission; Council Member Dotson seconded the motion; all members voted aye for approval. Community Development Director Klecker requested approval of application No. 277. This is a request for a lot split by Stadheim Properties of Owatonna LLC for the property located at 1176 Frontage Road East and 1174 Brady Boulevard. The proposed split will allow the two uses to be split and separately owned. The Planning Commission held a public hearing with no objections heard and recommend approval of this formal lot split with the following conditions: 1) The applicant shall record a joint parking, access, and maintenance agreement for the parking lot and access drive areas. 2) The applicant shall record a drainage easement in favor of Lot 1 for the storm water facilities. Council Member Dotson made a motion to approve application No. 277 as recommended by the Planning Commission; Council Member Svenby seconded the motion; all members voted aye for approval City Administrator Busse presented the application received from Maher Safi for a Tobacco License for the Owatonna Smoke Shop Inc. at 641 W Bridge Street, Suite 108. All of the necessary payments and documentation have been received. Council Member Raney made a motion to approve this license, Council Member Burbank seconded the motion; all members present voted aye in approval. City Administrator Busse presented the application received from Sances Zuniga for an On-Sale Liquor License with Sunday Sales. This license will be issued to LaBamba Restaurant LLC at 114 W Broadway Street. The restaurant opened earlier this year and now plans to add liquor to their menu. They provided all of the necessary fees and documentation. Council Member Dotson made a motion to approve this license; Council Member Burbank seconded the motion; all members voted aye for approval Community Development Director Klecker requested approval of Conditional Use No. C-1414 received from Tri Valley Opportunity Council to allow a day care facility to be expanded and construct a new building at 565 20th St NE. The Planning Commission held a public hearing and one neighbor expressed concern about drainage. Storm water will need to be addressed in the building plans. The Planning Commission recommended approval of this Condition Use request with the following conditions: 1) The building shall be setback a minimum of 40’ from the property lines as stated in the original conditional use permit.  Owatonna City Council Minutes Council Minutes November 20, 2018 Page 4 of 5 2) The use shall be permitted to expand to 100 students. Council Member Dotson made a motion to approve Conditional Use No. C-1414 as recommended by the Planning Commission; Council Member Svenby seconded the motion; all members voted aye for approval. City Administrator Busse requested approval of Torey’s Restaurant and Bar liquor license transfer. Construction of their new facility is nearing completion. They currently have a liquor license so there would be no budget impact. Council member Raney made the motion to approve the transfer of the liquor license contingent upon receipt of a certificate of occupancy; Council member Okerberg seconded the motion; all members voted aye for approval. City Administrator Busse requested approval of a new computer use policy. This policy will replace the current internet use policy section 8.7 in its entirety. This policy is out of date and does not address the present needs in relation to security and integrity of electronic information systems. Staff has utilized the League of Minnesota Cities model policy as a starting point for the city’s policy. Mark Walbran City attorney has also reviewed and his revisions have also been incorporated into the document. Council Member Okerberg made a motion to approve the new computer use policy; Council Member Voss seconded the motion; all members voted aye for approval. City Administrator Busse requested approval of a new social media policy. The city engages in social media activities from multiple departments and its use continues to grow. It is necessary to formalize its proper use. Staff utilized the League of Minnesota cities model policy as a starting point. Mark Walbran has also reviewed and revised the policy. This policy covers all employees, city council, board and commission members and any authorized agents of the City of Owatonna. The policy addresses purpose, scope, definition, rule of use, data ownership and personal social media use. Any new social media accounts will have to be approved by the City Administrator to ensure accounts are kept to a sustainable number and the policy is followed. Council Member Dotson made a motion to approve the new social media policy; Council Member Burbank seconded the motion; all members voted aye for approval. Interim Park and Rec Director Klecker reported that the Park and Rec department is finishing up the outdoor activities and gearing up for all of our winter activities coming up. City Administrator Busse asked to move the council meetings in January to the 8th and 22nd. Roger Wacek, 646 East Vine Street. Roger asks if the city reduces special assessments where is the money going to come from? Mr. Wacek would like to know how much money the city spends on herbicides. During Council Comments: Council Member Burbank thanked Mr. Wacek for his love of Owatonna and that he shares his interests and concerns with the council and Happy Thanksgiving to everybody. Council Member Raney thanked the council for the good and professional discussion. Happy Thanksgiving to everyone and to reach out to the less fortunate this year. The  Owatonna City Council Minutes Council Minutes November 20, 2018 Page 5 of 5 Vikings have selected Coach Williams as Coach of the Year. Good Luck to the Owatonna Huskies this Saturday! Council Member Okerberg – Happy Thanksgiving to everyone and good luck to the Huskies! Mayor Kuntz thanked OPP for the article in the paper regarding his grandson, he had 250 people approach him after that. Now it’s go Huskies! Council Member Schultz thanked Courtney for filling in for Jeanette. Happy Thanksgiving everyone! With no additional business to discuss at 7:50 p.m. Council Member Okerberg made a motion to adjourn the meeting, Council Member Dotson seconded the motion, all members present voted Aye in approval. Dated November 23, 2018 Respectfully submitted, Courtney Rosenau, Administrative Assistant 2.2.1 2.2.2  2.3.1 1 Unapproved Minutes of Owatonna Public Library Board of Trustees Owatonna Public Library, Gainey Room 105 North Elm Ave. Tuesday, November 20th, 2018 4:30 pm The Owatonna Public Library Board of Trustees held their monthly meeting on Tuesday, November 20th, 2018. In attendance were President Meredith Erickson, Vice President John Pfeifer, Secretary Trudy Severson and Library Director Mark Blando. Absent were Trustees Christy Tryhus and Karen Malin and Administrative Assistant Robin Spande. 1. Call to Order President Erickson called the meeting to order at 4:30pm. 2. Reminder of Open Meeting Law The open meeting law applies to the board meetings 3. Public Comments No visitors attended and no comments were presented. 4. Approve Minutes The October minutes were reviewed by the Board. Pfeifer moved and Severson seconded to approve the minutes of the October meeting. All aye. 5. Financial Report After ten months have passed in the fiscal year, the library is right on track with 11% of the budget remaining. Trustee Pfeifer inquired about Director Blando speaking to the County regarding funding. A meeting will be set up early next year. 6. Children’s Services Report for October 2018 See attached document. 7. Library Use Report 409 OPL patrons checked out 1,119 e-books and 449 e-Audio items in October 2018 through the Overdrive database.  2 Using Freegal, 42 patrons downloaded 507 songs and 41 patrons streamed 1,275 songs. 114 Hoopla users checked out 381 items. CKI & CKO - physical items Oct. 2018 CKI & CKO - physical items Oct. 2017 bp Checkin Normal CKI 1,356 bp Checkin Normal CKI 1,573 bp Checkin Late Checkin 291 bp Checkin Late Checkin 310 BP TOTAL CKI 1,647 BP TOTAL CKI 1,883 bp Checkout First Time CKO 1,381 bp Checkout First Time CKO 1,498 bp Checkout Phone Renewal 135 bp Checkout Phone Renewal 141 bp Checkout Other Renewal 55 bp Checkout Other Renewal 70 bp Checkout Opac Renewal 73 bp Checkout Opac Renewal 91 bp BP TOTAL CKO 1,644 bp BP TOTAL CKO 1,800 ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- CKI & CKO - physical items Oct. 2018 CKI & CKO - physical items Oct. 2017 owat Checkin Normal CKI 14,497 owat Checkin Normal CKI 15,559 owat Checkin Late Checkin 2,739 owat Checkin Late Checkin 2,702 OPL TOTAL CKI 17,236 OPL TOTAL CKI 18,261 owat Checkout First Time CKO 15,656 owat Checkout First Time CKO 15,779 owat Checkout Phone Renewal 369 owat Checkout Phone Renewal 537 owat Checkout Other Renewal 696 owat Checkout Other Renewal 786 owat Checkout Opac Renewal 1,026 owat Checkout Opac Renewal 1,021 owat OPL TOTAL CKO 17,747 owat OPL TOTAL CKO 18,123 Oct. 2018 New Borrowers Oct. 2017 New Borrowers bp 4 bp 18 owat 96 owat 99 ILL/Loaned Oct. 2018 ILL/Borrowed Oct. 2018 bp 433 bp 244 owat 1,520 owat 1,281 Visits Oct. 2018 bp 1,189 owat 13,637 7a. Upcoming Programs A movie will be presented in the Gainey Room on Thursday December 13th at 2:00 pm. The movie being presented is “Christmas in Connecticut.” 8. SELCO Updates Trustee Pfeifer stated that there would be no change in the Automation fees. 9. Old Business a. Strategic Planning Blando stated his desire to implement a survey of the community to gauge where we are as far as programming and services provided. He will be meeting with staff to come up with questions to use.  3 b. Library Updates Blando informed the Board of the holiday hours over the Thanksgiving holiday. Retirement dates have been established for long time employees Dave Lubahn and Marie Sexton. Dave’s last day will be December 21. Marie’s last day will be January 11. The City of Owatonna is in the process of drafting a computer use/social media policy. Blando also detailed an incident in Children’s Services regarding a cap gun. c. Budget and Capital Improvement Plan Blando met with City Council to review the 2019 CIP request of $15,000 for painting of the interior of the Library. d. Space Allocation Study Update Blando will be meeting with Facilities Manager Aaron Fitzloff to review costs and timing of the library renovation. A complete report will be done by January in time for a joint meeting between the Library Board and City Council. 10. New Business - none Adjourn A motion was made to adjourn by Severson and seconded by Pfeifer. All aye. The meeting was adjourned at 5:30 pm. Respectfully submitted by Mark Blando  2.3.2 Owatonna Public Utilities Commission October 23, 2018 4:00 p.m. The Owatonna Public Utilities Commission met in regular session in the Morehouse Conference Room at the Owatonna Public Utilities. Present were Commissioners Rossi, Kottke, Simon and Doyal. Absent was Commissioner Cosens. Also present were General Manager Fritsch; City Administrator Busse; Chief Financial Officer Fondell; Director, Engineering Johnson; Director, Field Operations Warehime; Manager, Human Resources Madson; Executive, Communications & Administration Coordinator Schmoll; Energy Conservation & Key Accounts Officer Hendricks; Electrical Engineer Dave Olson; Gas Engineer Jon Blough and Water Design Engineer Brian Clausen. Commissioner Rossi led the Pledge of Allegiance. Minutes The Minutes from the regular meeting of September 25, 2018 were presented to the Commission. Commissioner Doyal moved to approve the Minutes as presented. Commissioner Simon seconded the motion. All Commissioners voting Aye, the motion passed. Committee Reports Finance Committee: Commissioner Doyal reported the Finance Committee met, reviewed and approved Vouchers totaling $4,770,357.01. He further reported there were no issues, and no work orders to approve. Personnel Committee: Commissioner Rossi reported the Personnel Committee did not meet. City Administrator’s Report City Administrator Busse gave an update on projects, personnel and the deer management hunt for 2018. She noted paving of the downtown parking lots has been delayed a week due to soft ground. Mosher Avenue sanitary main and water main is now complete and the Lake Kohlmeier Drive & Trail parking lot is progressing nicely. The police, public works, engineering, community development, library and finance departments all have new employees who will be starting or who have already started. The 2018 Deer Management season received 43 applications. Thirty applicants passed the competence test and have chosen their season and park location. Season 1 runs November 3-24 and Season 2 runs November 25 – December 21st. System Health Reports Electrical Engineer Dave Olson, Gas Engineer Jon Blough and Water Design Engineer Brian Clausen presented system health reports for each respective utility to the Commission. Highlights in the electric utility include the ongoing conduit install with Jaguar Communications, service territory expansion, fiber ring completion, and the need for a new substation. Water projects include the ongoing efforts to increase water pressure in the industrial park including adding an additional pressure zone. The gas utility continues to work on the 5 to 50 lb. conversion, as well as continue to work on redoing large capacity gas meter sets. 161/12/47 kV Power Transformer Bid The attached bid tabulation was presented to the Commission. The bid is for a transformer for the new substation. Staff recommends awarding the bid to the evaluated apparent low bidder of SPX Transformer Solutions, Inc. in the amount of $1,027,533.00 with a guaranteed delivery date of 50-55 weeks. After discussion, Commissioner Simon moved to approve the award the bid to SPX Transformer Page 2 Owatonna Public Utilities Commission October 23, 2018 4:00 p.m. Solutions, Inc. in the amount of $1,027,533.00. Commissioner Doyal seconded the motion. All Commissioners voting Aye, the motion passed. Contributed Services The Contributed Services report as of September 30, 2018 was presented to the Commission. The Commission signed the report. Operations/Scorecard There was not anything to discuss on the Scorecard. General Manager/Staff Report General Manager Fritsch reported interviews for the General Manager position are still ongoing. The second round of interviews will take place in the upcoming week. General Manager Fritsch reported the Q12 Engagement Survey has been sent to all employees. Director, Field Operations Warehime gave a presentation to the Commission regarding natural gas procurement. He explained some basics of natural gas including an explanation of how the units are measured. He discussed pipeline capacity and receipt points. He also discussed the capacity optimization we receive from The Energy Authority (TEA). Mr. Warehime concluded by discussing an Asset Management Agreement he is looking to enter into with Tenaska whereby they would manage our pipeline capacity. With the new arrangement, Tenaska will do the pipeline capacity optimization and TEA will continue to schedule daily gas requirements and continue to provide consulting for hedges. Chief Financial Officer Fondell updated the Commission on the progress of the 2019 budget and inquired if Commissioners would like electronic or paper copies of the budget. Rates will be discussed along with the other budget discussions. The conversion to the NiSC system is complete. There continue to be little issues we are working through. One of the changes with the new system is all customers who are on the budget billing program will be recalculated the month of November. This will be an annual process going forward. As a final note, Mrs. Fondell reported as of the morning of this meeting, OPU has reached PCI compliance which means we are now compliant with data security with customer credit card information. Executive, Communications & Administration Coordinator Schmoll updated the Commission on Public Power Week and invited the Commissioners to the State of the Utility meeting on December 6, 2018. Energy Conservation & Key Accounts Officer Hendricks discussed the rate study with the Commission. He further reported the Home Energy Reports will no longer be sent out to customers. The reason being, it is too costly for the company who sends out the Home Energy Reports to convert the data from our new system. He further reported, OPU will continue to look for other options and programs to help us continue to meet our energy savings goals. Commission Roundtable Commissioner Rossi inquired about the timeline for Advanced Metering Infrastructure (AMI). General Manager Fritsch reported, money is in the budget and we are working on putting together a Page 3 Owatonna Public Utilities Commission October 23, 2018 4:00 p.m. strategy to move forward. The timeline has been accelerated, as there are several advantages to having the AMI meters in place, including better outage management. Adjournment There being no further business to come before the Commission, Commissioner Simon moved to adjourn the meeting. Commissioner Kottke seconded the motion. All Commissioners voting Aye, the meeting adjourned at 5:30 p.m. Respectfully submitted, Tammy Schmoll Executive, Communications & Administration Coordinator 2.4.1 2.5.1 2.5.2  Change Order No. 1 Date of Issuance: November 29, 2018 Effective Date: Project: Lemond Road - 2017 Fuel System Owner: City of Owatonna Owner's Contract No.: 16004 / Contract: Date of Contract: Pump and Meter Engineer's Project No.: The Contract Documents are modified as follows upon execution of this Change Order: Additional work to due to contaminated soils Attachments: (List documents supporting change): Pricing attached CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: D Working days D Calendar days Substantial completion (days or date): Not applicable _______ $165,943.46 Ready for final payment (days or date): ____________ [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders Orders No.___ __ to No._____ No._____ to No._____ Substantial completion (days): ______________ $0.00 Ready for final payment (days): ______________ Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): ____________ $172,459.2765,943.46 Ready for final payment (days or date): ____________ Increase of this Change Order: [Increase] [Decrease] of this Change Order: Substantial completion (days or date): ____________ $6,515.81 Ready for final payment (days or date): ____________ Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): ____________ $1 Ready for final payment (days or date): ____________ RECOMMENDED: ACCEPTED: ACCEPTED: By:_=11&/A� �- __,,, � -- -•-" -­ By:--- - --------­ By: _____________ Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: __,/'-'-,,1/�/2 l '?,,,__ W�?___ Date: ______________ Date: _____________ ""-£,t;L- Approved by Funding Agency (if applicable): Date: EJCDC No. C-941 (2002 Edition) Page 0 of2 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors ofAmerica and the Construction Specifications Institute. 3.0 3.1 3.3.1 3.4.1  3.4.2 THE CITY OF OWATONNA City Administration Office 540 West Hills Circle Kris Busse Owatonna, MN 55060-4794 Ph. (507) 774-7340 FAX: (507) 444-4394 DATE: November 30, 2018 TO: Honorable Mayor and City Council FROM: Kris Busse SUBJECT: Assessment – OCC Founders Group, LLC Purpose: Request approval of Resolution 112-18 to approve the Memorandum of Understanding (MOU) with OCC Founders Group, LLC, a Minnesota limited liability company. Background: The City of Owatonna has proposed to assess the Property of 1991 Lemond Road, Owatonna, MN for public improvements constructed, or to be constructed. Property Owner of 1991 Lemond Road, Owatonna, MN has presented a timely written objection to said assessment. City and Property Owner wish to resolve their dispute over the assessment of the Property, all pursuant to the terms and conditions outlined in the MOU. Budget Impact: $30,704.78 assessment to be collected over a term of ten years. Staff Recommendation: Staff recommends the approval of Resolution 112-18 approving the proposed MOU. We are an Equal Opportunity Employer The City of Friendliness and Beautiful Parks 3.5.1